COLUMBIA BASIN COLLEGE

Washington state Community College District 19, Columbia Basin College, is established in Title 28B RCW as a public institution of higher education. District 19 is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution and secretary to the board.

The bylaws of the board of trustees of Columbia Basin College (CBC) are contained in the CBC board policy manual.

The board of trustees of Columbia Basin College shall hold regular monthly meetings according to a schedule including place, time and date filed with the Washington state code reviser on or before January 1st of each year for publication in the Washington State Register. Notice of any change from such meeting schedule shall be published in the Washington State Register at least twenty days prior to the rescheduled meeting date.

All regular meetings of the board of trustees shall be held at 2600 North 20th Avenue, Pasco, WA 99301, unless otherwise announced in accordance with chapter 42.30 RCW (the Open Public Meetings Act). Information about specific meeting places and times may be obtained from the president's office or the Columbia Basin College web site.

Special meetings of the board of trustees of Columbia Basin College may be called by the chairperson of the board or by a majority of the members of the board by written notice delivered by e-mail, mail or in person to each member at least twenty-four hours before the time of such meeting. Such notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be transacted or official action taken, other than the purpose, or purposes for which the special meeting was called. Notice of such special meetings also shall be provided twenty-four hours prior to such meetings to the local newspaper of general circulation and to each local radio and television station which has on file a written request to be notified of such special meetings or of all meetings of the board.

The board of trustees of Columbia Basin College shall maintain an office at 2600 North 20th Avenue, Pasco, WA 99301. All records, minutes and the official college seal shall be kept in the president's office located at 2600 North 20th Avenue, Pasco, WA 99301. The office hours are 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 12:00 p.m. Friday, except for legal holidays and occasional closures as communicated to the local media.

Correspondence or other business for the board of trustees of Columbia Basin College shall be sent to the secretary of the board at 2600 North 20th Avenue, Pasco, WA 99301.

The rules coordinator for Columbia Basin College as designated by the president ((Marvin Weiss)) is:

Columbia Basin College

2600 North 20th Avenue

Pasco, WA 99301

(((a))) (1) Organization. Columbia Basin College is established in Title 28B RCW as a public institution of higher education. ((The institution is governed by a five member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(b))) The president is the chief executive officer and as such, establishes the structure of the administration.

(2) Operation. The Columbia Basin College administrative office at the Pasco campus is located at the following address:

Columbia Basin College

2600 North 20th Avenue

Pasco, WA 99301

and is open from ((7:30)) 7:00 a.m. to 4:30 p.m., Monday through ((Friday)) Thursday, 7:00 a.m. to 12:00 p.m., except on legal holidays. ((Educational operations)) College campuses are also located at the following addresses:

1011)) CBC Richland Health Science Center

891 Northgate Drive

Richland, WA 99352

((Columbia Basin College,)) CBC Chase Center

1600 North 20th Avenue

Pasco, WA 99301

(((c))) (3) Additional and detailed information concerning the educational offerings may be obtained from ((the catalog, copies of which are available at the following address:

Pasco, WA 99301)) college web site at www.columbiabasin.edu and at various locations including college libraries, admissions and the counseling office.

To protect the interests of Columbia Basin College employees, all process servers (those attempting to deliver summonses, subpoenas, etc.) to employees should be directed to the human resources office on the Pasco campus. When the process server comes to the human resources office, he or she should be connected with the person to whom the papers are being served, if that person can be immediately located and is not instructing a class or performing other services at the time. If the person served is not immediately located, the papers will be left during usual business hours with the vice-president for human resources & legal affairs or his or her executive assistant. If any of the above designees receives the papers from a process server, he or she will arrange a time and place for the individual being served to receive the legal documents in such a way as to minimize embarrassment and preserve confidentiality.

Columbia Basin College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington state's law against discrimination, chapter 49.60 RCW and their implementing regulations. To this end, Columbia Basin College has enacted this policy prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of this policy will be subject to disciplinary action up to and including dismissal from the college or from employment.

Any employee, student, applicant, or visitor who believes that he or she has been the subject of discrimination or harassment based on protected class status or gender should report the incident or incidents to the college's Title IX/EEO coordinator identified below. If the complaint is against that coordinator, or his or her relative attending or working for the college, the complainant should report the matter to the president's office for referral to an alternate designee.

Name: Camilla Glatt, Vice-President for Human Resources & Legal Affairs

Title: Title IX/EEO Coordinator

Office: Human Resources Contact Information: 509-542-5548

The Title IX/EEO coordinator or designee:

(1) Will accept all complaints and referrals from college employees, applicants, students, and visitors;

(2) Will make determinations regarding how to handle requests by complainants for confidentiality;

(3) Will keep accurate records of all complaints and referrals for the required time period;

(4) May conduct investigations or delegate and oversee investigations conducted by a designee;

(5) May impose interim remedial measures to protect parties during investigations of discrimination or harassment;

(6) Will issue written findings and recommendations upon completion of an investigation; and

(7) May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.

The college encourages the timely reporting of any incidents of discrimination or harassment. Complaints may be submitted in writing or orally. For complainants who wish to submit a written complaint, a formal complaint form is available online at https://www.columbiabasin.edu/index.aspx?page=907. Hard copies of the policy and complaint form are available at the following locations on campus: Hawk central, counseling and advising center, human resources-student employment, president's office-administrative wing of A building and vice-president for instruction's office.

(1) Advisor: A person of the complainant or respondent's choosing who can accompany the complainant or respondent to any related meeting or proceeding.

(2) Complainant: Employee(s), applicant(s), student(s), or visitor(s) of Columbia Basin College who alleges that she or he has been subjected to discrimination or harassment due to his or her membership in a protected class.

(3) Complaint: A description of facts that allege violation of the college's policy against discrimination or harassment.

(4) Consent: Knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. In order to give effective consent one must be of legal age.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(5) Discrimination: Unfavorable treatment of a person based on that person's membership or perceived membership in a protected class. Harassment is a form of discrimination.

(6) Force: Use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation and coercion that overcome resistance or produce consent. Sexual activity that is forced is by definition nonconsensual, but nonconsensual sexual activity is not by definition forced.

(7) Harassment: A form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or their perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational and/or social programs. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment. Examples of conduct that could rise to the level of discriminatory harassment include, but are not limited to, the following:

(a) Epithets, "jokes," ridicule, mockery or other offensive or derogatory conduct focused upon an individual's membership in a protected class.

(b) Verbal or physical threats of violence or physical contact directed towards an individual based upon their membership in a protected class.

(c) Making, posting, e-mailing, texting, or otherwise circulating demeaning or offensive pictures, cartoons, graffiti, notes or other materials that relate to race, ethnic origin, gender or any other protected class.

(8) Hazing: Acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to admission, initiation, joining, or any other group - Affiliation activity.

(9) Hostile environment: Any situation in which there is harassing conduct that is based on protected class status and is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational or social programs.

The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include:

(a) The frequency of the conduct;

(b) The nature and severity of the conduct;

(c) Whether the conduct was physically threatening;

(d) Whether the conduct was directed at more than one person;

(e) Whether the conduct arose in the context of other discriminatory conduct;

(f) Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;

(g) Whether the speech or conduct deserves the protections of academic freedom or the first amendment.

(10) Protected class: Persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal.

(11) Resolution: The means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation (when appropriate), or the formal imposition of discipline sanction.

(12) Respondent: Person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.

(13) Sexual exploitation: Occurs when one person takes nonconsensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

(a) Invasion of sexual privacy;

(b) Engaging in voyeurism;

(c) Nonconsensual video or audio taping of sexual activity;

(d) Sexually based stalking; and/or

(e) Bullying may also be forms of sexual exploitation.

(14) Sexual harassment: A form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's gender. There are two types of sexual harassment.

(a) Hostile environment sexual harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational and/or social programs.

(b) Quid pro quo sexual harassment occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors. Examples of conduct that may qualify as sexual harassment include:

(i) Persistent comments or questions of a sexual nature.

(ii) A supervisor who gives an employee a raise in exchange for submitting to sexual advances.

(iii) An instructor who promises a student a better grade in exchange for sexual favors.

(iv) Sexually explicit statements, questions, jokes, or anecdotes.

(v) Unwelcome touching, patting, hugging, kissing, or brushing against an individual's body.

(vi) Remarks of a sexual nature about an individual's clothing, body, or speculations about previous sexual experiences.

(vii) Persistent, unwanted attempts to change a professional relationship to an amorous relationship.

(viii) Direct or indirect propositions for sexual activity.

(ix) Unwelcome letters, e-mails, texts, telephone calls, or other communications referring to or depicting sexual activities.

(15) Sexual violence: Is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

(16) Nonconsensual sexual intercourse: Is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(17) Nonconsensual sexual contact: Is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(18) Domestic violence: Includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

(19) Dating violence: Means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

(20) Stalking: Means intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent.

Any employee, applicant, student or visitor of the college may file a complaint. Complaints may be submitted in writing or verbally, which will be captured in written form for processing. The college encourages the timely reporting of any incidents of discrimination or harassment. For complainants who wish to submit a written complaint, a formal complaint form is available online at https://www.columbiabasin.edu/index.aspx?page=907. Hard copies of the complaint form are available at the following locations on campus: Hawk central, counseling and advising center, human resources/student employment, president's office/administrative wing of A building and vice-president for instruction's office. Any person submitting a discrimination complaint shall be provided with a written copy of the college's nondiscrimination and harassment policies and grievance procedures.

Columbia Basin College will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Columbia Basin College policies and procedures. Although Columbia Basin College will attempt to honor complainants' requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX/EEO coordinator.

Confidentiality requests and sexual violence complaints. The Title IX/EEO coordinator will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that his or her name not be revealed to the respondent or that the college not investigate the allegation, the Title IX/EEO coordinator will inform the complainant that maintaining confidentiality may limit the college's ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that his or her name not be disclosed or that the college not investigate, the Title IX/EEO coordinator will determine whether the college can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the college community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:

(1) The seriousness of the alleged sexual violence;

(2) The age of the complainant;

(3) Whether the sexual violence was perpetrated with a weapon;

(4) Whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints;

(5) Whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and

(6) Whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

If the college is unable to honor a complainant's request for confidentiality, the Title IX/EEO coordinator will notify the complainant of the decision and ensure that complainant's identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX/EEO coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

(1) The college is obligated to address acts of sex-based misconduct (including sexual harassment and/or retaliation) of which a responsible employee knew or should have known occurred. A "responsible employee" is any employee who:

(a) Has the authority to take action to redress sex-based misconduct;

(b) Has been given the duty of reporting incidents of sex-based misconduct or any other misconduct by students; or

(c) A student could reasonably believe has this authority or duty.

For student complainants where the alleged offender is another student, "responsible employees" includes administrators (directors, deans, vice-presidents, etc.), athletic director/assistant athletic director, ASCBC director/assistant director, resource center staff, completion coaches, hawk central staff members, security officers, and executive assistants and secretarial staff reporting to positions designated above.

(2) A responsible employee must report to the Title IX/EEO coordinator all relevant details about alleged sex-based misconduct (including sexual harassment and/or retaliation) that the student or other person has shared and that the college will need to determine what occurred and resolve the situation. This includes the names of the alleged respondent, if known, the student complainant or other person who experienced the alleged sex-based misconduct, others involved in the alleged sex-based misconduct, as well as relevant facts, including the date, time and location. If the complaint is against the Title IX/EEO coordinator, or his or her relative attending or working for the college, the complainant should report the matter directly to the president's office for referral to an alternate designee.

(3) A responsible employee should provide the following information to a complainant:

(a) The reporting obligations (discussed above) of the responsible employee;

(b) Complainant's option to request confidentiality and available confidential resources;

(c) Complainant's right to file a Title IX complaint with the college; and

(d) Complainant's right to report a crime to local law enforcement.

For convenience of student complaint reporting, there are college-designated responsible employees and contact information noted on the college's web page, with all reports referred by the designated responsible employees to the Title IX/EEO coordinator.

For a staff complaint of sex-based misconduct (including sexual harassment and/or retaliation) by a student or another staff member, the staff complaint may be reported to the immediate supervisor, with the supervisor report/referral to the Title IX/EEO coordinator or the human resources director. A direct report to the Title IX/EEO coordinator or human resources director will be more expeditious in terms of processing the complaint. If the complaint is against the Title IX/EEO coordinator, or his or her relative attending or working for the college, the complainant should report the matter directly to the president's office for referral to an alternate designee.

Upon receiving a discrimination complaint, the Title IX/EEO coordinator will assess the written complaint and determine the appropriate steps necessary to ensure all relevant evidence is obtained and all critical elements are addressed. The Title IX/EEO coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX/EEO coordinator or his or her designee. If the investigation is assigned to someone other than the Title IX/EEO coordinator, the Title IX/EEO coordinator shall inform the complainant and respondent(s) of the appointment of an investigator.

(1) Interim measures. The Title IX/EEO coordinator may impose interim measures to protect the complainant and/or respondent and/or others pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the college's student conduct code or the college's employment policies and collective bargaining agreements.

(2) Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX/EEO coordinator. The Title IX/EEO coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the student conduct code or college employment policies and collective bargaining agreements.

(3) Written notice of decision. The Title IX/EEO coordinator will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations.

(a) Complainant notice. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action.

(b) Respondent notice. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action.

(c) Request for reconsideration. Either the complainant or the respondent may seek reconsideration of the finding and/or referral for disciplinary action to the Title IX/EEO coordinator. Requests for reconsideration shall be submitted in writing to the Title IX/EEO coordinator within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If a request for reconsideration is received, the Title IX/EEO coordinator shall respond within ten days. If the Title IX/EEO coordinator determines the request for reconsideration has merit, he or she may issue an amended finding or referral. Any amended decision is final and no further reconsideration is available, with the exception of subsection (5) of this section for appeal/review/grievance of disciplinary action as appropriate.

(4) Informal dispute resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

(5) Appeal for disciplinary action. If formal disciplinary action is imposed as a result of a finding of violation of this policy, then a respondent may file an appeal. The right to appeal on particular grounds (i.e., the finding is not supported by the evidence, the sanction is substantially disproportionate to the severity of the violation, due process was violated, new evidence is available), if offered to either party, must be equally accessible to the complainant.

(a) Student conduct appeal. A student respondent may appeal a disciplinary action taken by the chief student conduct officer or the student conduct board in accordance with chapter 132S-100 WAC. The complainant will receive notice of the appeal and may submit either his or her own appeal or a written response to the student respondent's appeal within ten calendar days, which will be considered.

(b) Represented employee grievance. A faculty member or represented classified staff member may file a grievance under the applicable collective bargaining agreement.

(c) Nonrepresented classified employee appeal. Nonrepresented classified staff may file an appeal with the personnel resources board under WAC 357-52-020.

(d) All other employee reviews. All other employees may request review of the disciplinary action through the supervisory chain of command to the college president within twenty days of the imposition of the discipline. This includes student workers if the discipline imposed resulted from conduct that occurred during the performance of student employment and includes a loss in pay as a sanction (nothing prohibits the Title IX/EEO coordinator and/or investigator from referring findings against a student employee to the chief student conduct officer for additional review under the student conduct code). The request for review must be a signed, written document articulating the grounds for review. The responsible supervisor will respond to the request for review within twenty working days of receipt. If the finding(s) and/or discipline is upheld, then review of the supervisor's decision can be filed with the college president using the same process. If the finding(s) and/or discipline is upheld, the college president's decision will constitute final action and there is no further appeal within the college.

(e) Volunteer or visitor review. A volunteer or visitor respondent may request review of sanction(s) imposed in response to any findings under this policy, including temporary or permanent trespass through the president's office.

The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president's designee. Any person who believes he or she has been subjected to discrimination in violation of college policy will be provided a copy of these policies and procedures.

Nothing in this policy or procedure shall prevent the college president or designee from taking immediate disciplinary action in accordance with Columbia Basin College policies and procedures, collective bargaining agreement(s), and federal, state, and municipal rules and regulations.

Nothing in this policy or procedure limits the college from considering applicable policies of the college when investigating complaints including, but not limited to, the college's standards of conduct policy, appropriate use of IT resources policy, code of ethics policy, consensual relations leading to conflicts of interest policy or any other policy or procedure. For complaints involving students, nothing in this policy or procedure limits the college from evaluating the conduct of any student under the student code of conduct.

Retaliation by, for or against any participant (including complainant, respondent, witness, Title IX/EEO coordinator, or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation, or any resulting disciplinary proceedings is prohibited, and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the Title IX/EEO coordinator immediately.

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:

Pasco CBC Campus:

Pasco Police Department 509-545-3481 or emergency 911

Richland CBC Campus:

Richland Police Department 509-628-0333 or emergency 911

The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

Discrimination complaints may also be filed with the following federal and state agencies:

Washington State Human Rights Commission:

U.S. Department of Education Office for Civil Rights:

Equal Employment Opportunity Commission:

(1) RCW 42.56.070(1) requires Columbia Basin College 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 Columbia Basin College will follow in order to provide access to public records. These rules provide information to persons wishing to request access to public records of the college and establish processes for both requestors and college 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 access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. In carrying out its responsibilities under the act, the college will be guided by the provisions of the act describing its purposes and interpretation.

(1) "Public record" includes 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 any state or local agency regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

(3) Relating to the conduct of government. To be a public record, a document must relate to the conduct of government or the performance of any governmental or proprietary function. Almost all records held by an agency relate to the conduct of government; however, some do not. A purely personal record having absolutely no relation to the conduct of government is not a public record. Even though a purely personal record might not be a public record, a record of its existence might be. For example, a record showing the existence of a purely personal e-mail sent by an agency employee on an agency computer would probably be a public record, even if the contents of the e-mail itself were not.

(4) Prepared, owned, used, or retained. A public record is a record prepared, owned, used, or retained by an agency. A record can be used by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process, it is a public record. For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a public record because the agency used the document in its decision-making process. The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a record to a third party for the sole purpose of avoiding disclosure.

(1) Hours for inspection of records. Public records of Columbia Basin College are available for inspection and copying during normal business hours of the college, Monday through Thursday 7:00 a.m. to 4:30 p.m. and Friday 7:00 a.m. to 12:00 p.m., excluding legal holidays. Records must be inspected at the offices of the college's human resources office.

(2) Records index. An index of public records is available for use by members of the public. There may be exemptions that may prohibit the college from releasing certain documents. The index may be accessed online at www.columbiabasin.edu.

(3) Organization of records. Columbia Basin College will maintain its records in a reasonably organized manner. The college will take reasonable actions to protect records from damage and disorganization. A requestor shall not take the college's records from Columbia Basin College offices without the permission of the public records officer or designee. A variety of records is available on the Columbia Basin College web site at www.columbiabasin.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 college should make the request in writing on the college's request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information:

(i) Name of requestor;

(ii) Address of requestor;

(iii) Other contact information, including telephone number and any e-mail address;

(iv) Identification of the public records adequate for the public records officer or designee to locate the records; and

(v) 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 132S-10-025 standard photocopies will be provided at fifteen cents per page.

(c) A form is available for use by requestors at the office of the public records officer and online at www.columbiabasin.edu.

(d) The public records officer or designee may accept requests for public records that contain the information in this subsection (4) 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.

(e) Commercial purpose: The act does not allow an agency to provide access to "lists of individuals requested for commercial purposes." RCW 42.56.070(9). Columbia Basin College may require a requestor to sign a declaration that he or she will not put a list of individuals in the record to use for a commercial purpose.

(1) Any person wishing to request access to public records of Columbia Basin College, or seeking assistance in making such a request should contact the public records officer of the college:

Camilla Glatt, Vice-President for Human Resources & Legal Affairs

Columbia Basin College

2600 North 20th Avenue, Pasco, WA 99301

Phone: 509-542-5548

Fax: 509-542-2029

E-mail: cglatt@columbiabasin.edu

Information is also available at the college's web site at www.columbiabasin.edu.

(2) The public records officer will oversee compliance with the act but another college staff member may process requests. Therefore, these rules will refer to the public records officer or designee.

Both requestors and agencies have responsibilities under the act. The public records process can function properly only when both parties perform their respective responsibilities. An agency has a duty to promptly provide access to all nonexempt public records. A requestor has a duty to request identifiable records, inspect the assembled records or pay for the copies, and be respectful to agency staff.

(1) Providing "fullest assistance." Columbia Basin College is charged by statute with adopting rules which provide for how it will provide full access to public records, protect records from damage or disorganization, prevent excessive interference with other essential functions of the agency, provide fullest assistance to requestors, and provide the most timely possible action on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:

(a) Make the records available for inspection or copying;

(b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(c) Provide a reasonable estimate of when records will be available; or

(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone or in writing. The public records officer or designee may revise the estimate of when records will be available; or

(e) Deny the request.

(3) Protecting rights of others. In the event the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(4) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the college believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(5) Inspection of records.

(a) Consistent with other demands, the college shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the agency to copy.

(b) The requestor must claim or review the assembled records within thirty days of the college's notification to him or her that the records are available for inspection or copying. The college will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the college to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the college may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(6) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.

(7) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(8) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that Columbia Basin College has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

(9) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the college has closed the request.

(10) Later discovered documents. If, after the college has informed the requestor that it has provided all available records, the college becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for fifteen cents per page and color copies for the actual cost per page.

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. Columbia Basin College will not charge sales tax when it makes copies of public records.

(2) Costs for electronic records. The cost of electronic copies of records shall be the actual costs for information on a CD-ROM. There will be no charge for e-mailing electronic records to a requestor, unless another cost applies such as a scanning fee.

(3) Costs of mailing. The college 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 Columbia Basin College, 2600 North 20th Avenue, Pasco, WA 99301.

(1) 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 provided by law, outside the Public Records Act, that restrict the availability of some documents held by Columbia Basin College for inspection and copying:

(a) Educational records;

(b) Privacy;

(c) Commercial use;

(d) Attorney-client privilege;

(e) Deliberative process;

(f) Personal information;

(g) Investigative;

(h) Employment;

(i) Financial, commercial, and proprietary information.

(2) Columbia Basin College is prohibited by statute from disclosing lists of individuals for commercial purposes.

(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 president of Columbia Basin College or his or her designee to conduct the review. The president or his or her designee will immediately consider the petition and either affirm or reverse the denial within two business days following the college's receipt of the petition, or within such other time as the college and the requestor mutually agree to.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if Columbia Basin College 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.

The purpose of this chapter is to provide process for brief and full adjudicative hearings.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at the Columbia Basin College. These rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by the college shall govern.

This rule adopts the provision of RCW 34.05.482 through 34.05.494. Brief adjudicative procedures may, at the election of college, be used in all appeals related to:

(1) Residency determination. If a hearing is required by law or institutional right, appeals of residency determination under RCW 28B.15.013 are brief adjudicative proceedings conducted by the vice-president for student services;

(2) Outstanding debts of college employees or students;

(3) Loss of eligibility to participate in athletic events;

(4) Contents of educational records;

(5) Hearings on denial of financial aid. Any hearings required by state or federal law regarding granting, modification or denial of financial aid are brief adjudicative proceedings conducted by the vice-president for student services.

The president or his/her designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington Bar Association, a panel of individuals, the president or his/her designee, or any combination listed in this section. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, witness exclusion, means of recording adjudicative proceedings, and similar matters.

An application for adjudicative proceeding shall be in writing and should be submitted to the following address within twenty calendar days of the college action giving rise to the application, unless provided for otherwise by statute or rule: President's Office, Columbia Basin College, 2600 N. 20th Avenue, Pasco, WA 99301.

An application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, the applicable statutes regarding rules, and an explanation of the facts involved. The procedures in applicable collective bargaining agreements between the college and representative union in effect and governing the matter will supersede these proceedings.

Discovery, including investigation in adjudicative proceeding, may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.

Prehearing conferences or other conferences may be held for the settlement or simplification of issues at the discretion of the presiding officer, or pursuant to a motion by either of the parties for a prehearing conference. The prehearing conference may be conducted by telephone, television, or other electronic means, in the discretion of the presiding officer and where the rights of the parties will not be prejudiced. Each participant in the conference shall have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place.

Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.

No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed, except for the method of official recording selected by the college.

The hearing is open to public observation, except as determined by the presiding officer. The presiding officer shall have the authority to close all or part of the proceeding to public observation or impose reasonable conditions upon observation of the proceeding. The presiding officer may also close the proceeding under provision of law expressly authorizing closure or under a protective order entered by the presiding officer. A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed and state the reasons therefore in writing within twenty days of receiving the request.

A party may apply for an order excluding witnesses for good cause. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine and may order, upon a showing of good cause, which, if any, witnesses should be excluded and state the reasons therefore in writing within twenty days of receiving the request.

The following enumerated rights which are deemed necessary to achieve the educational goals of the college are guaranteed to each student within the limitations of statutory law and college policy:

Academic freedom.

(1) Students have the right to pursue educational objectives from among the college's curricula, programs, and services subject to the provisions of this chapter.

(2) Students have the right to a learning environment that is free from unlawful and/or discriminatory actions.

(3) Students have the right to present their own views, even though they may differ from those held by faculty members, and will not be subject to adverse action by faculty when such views are expressed in a manner that does not interfere with the rights of others.

(4) Students are protected from academic evaluations which are arbitrary, prejudiced, or capricious.

Students who choose to attend Columbia Basin College also choose to participate actively in the learning process offered by the college. The college is responsible for providing its students with an educational environment that includes resources used by students to attain their educational goals. In return each student is responsible to:

(1) Participate actively in the learning process, both in and out of the classroom;

(2) Seek timely assistance in meeting educational goals;

(3) Attend all class sessions;

(4) Prepare adequately to participate fully in class activities;

(5) Meet the standards of academic performance established by each instructor;

(6) Develop skills required for learning; e.g., basic skills, time management, and study skills;

(7) Assume final authority for the selection of appropriate educational goals;

(8) Select courses appropriate for meeting chosen educational goals;

(9) Make appropriate use of services and resources;

(10) Contribute towards improving the college;

(11) Become knowledgeable of and adhere to the college's policies, practices, and procedures;

(12) Abide by the standards set forth in the student code of conduct.

Columbia Basin College maintains an open door admission policy and grants admission to applicants who are at least eighteen years of age and/or have graduated from high schools accredited by a regional accrediting association or have a GED certificate. Home school graduates and graduates from nonaccredited high schools are required to petition for admissions through the admissions/graduation committee. For further information regarding the petition process, contact the student records office.

Applicants who are less than sixteen years of age and/or do not meet CBC admission requirements must petition for admissions through the admissions/graduation committee. For further information regarding the petition process, contact the student records office.

Admission to CBC does not guarantee admission to all degree or certificate programs. Some programs have special applications and admission procedures and limited entry dates. Students should consult the individual program and/or department for admission requirements.

Admissions and registration regulations and procedures for students wishing to attend Columbia Basin College are published in the college catalog. Copies of the catalog are available online at www.columbiabasin.edu. Questions and inquires about admission and registration regulations and procedures should be directed to the student records office or the college registrar.

Deadlines and due dates for students attending and wishing to attend Columbia Basin College are published in the college yearly catalog and quarterly schedules. Copies of the catalog and schedule are available online at www.columbiabasin.edu. Questions and inquires about deadlines and due dates should be directed to the appropriate college administrator.

(1) Candidates for degrees, certificates, and diplomas are advised to meet with their advisor at least two quarters prior to the anticipated completion date to review degree progress and to ensure graduation requirements will be met.

(2) Students must formally apply for graduation the quarter prior to completing all degree, certificate or diploma requirements. Graduation applications for transfer degrees are available from a counselor or completion coach in the counseling and advising center. Graduation applications for the associate in applied science degrees and certificates are available from program department advisors. Students may graduate at the end of any quarter.

(3) To be approved for graduation, a student must:

(a) Complete all degree/certificate program requirements. No one course can fulfill two distribution requirements within a degree.

(b) Complete at least one-third of the credits required for a degree or certificate in residence at CBC.

(1) A resident student is one who is a U.S. citizen and has met specific requirements demonstrating permanent residence in the state of Washington. Permanent residence in the state of Washington is evidenced by physical presence in the state as well as having a sufficient number of permanent Washington documents. Documentation should be dated one year and one day prior to the commencement of the quarter for which a student is applying for residency status. These documents include:

(a) Voter's registration;

(b) Washington state driver's license;

(c) Car registration;

(d) Bank accounts;

(e) Federal tax return (required).

(2) Students wishing to change their residency classification must complete a residency questionnaire and provide necessary documentation. Application for reclassification prior to registration into classes is preferred. Residency reclassification must take place within thirty calendar days of the first day of the quarter. Special tuition allowances may apply to some eligible noncitizens, Washington higher education employees, and to military personnel and their dependents stationed in the state of Washington. For further information, contact the student records office.

(1) Grounds for ineligibility. Any student found to have violated chapter 69.41 RCW, which prohibits the unlawful sale, delivery or possession of prescription drugs, shall, after hearing, be disqualified from participation in any school-sponsored athletic events or activities.

(2) Initiation of ineligibility proceedings. The dean or designee shall have the authority to request commencement of athletic ineligibility proceedings whenever he or she has reasonable cause to believe that the student has violated chapter 69.41 RCW or has been advised that the student has been convicted of a crime involving the violation of chapter 69.41 RCW. The notice of the alleged violations and proposed suspension and the opportunity for a hearing shall be given to the student at least ten days before the hearing. A student convicted of violating chapter 69.41 RCW in a separate criminal proceeding may be given by the dean or designee an interim suspension pending final determination of any administrative proceeding held under these rules. Should the student desire not to go forward with the hearing, the disqualification for participation in athletic events or activities shall be imposed as set forth in the notice of hearing to the student. 

(3) Ineligibility proceedings. The president of the college or designee shall select a presiding officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The presiding officer shall promptly conduct the hearing and permit the affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, currently RCW 34.05.482 through 34.05.494. A written decision shall be issued within ten calendar days of the conclusion of the brief adjudicative hearing.

FERPA policy and procedures are published yearly in the college catalog. Copies of the catalog are available online at www.columbiabasin.edu. Questions and inquiries about FERPA policy and procedures should be directed to the college registrar.

Columbia Basin College (herein referred to as "CBC" or "the college") is supportive of diversity among ideas, cultures, and student characteristics in the pursuit of advancing one's education. A responsibility to secure, respect, and protect such opportunities and conditions is shared by all members of the academic community.

As a member of this community, students are expected to uphold and be accountable for this student code of conduct both on and off campus, and acknowledge that the college has the authority to take disciplinary action when a student violates these policies.

As an agency of the state of Washington, CBC must respect and adhere to all laws established by local, state, and federal authorities. This student code of conduct has been developed to educate students and protect the welfare of the community.

The award of a degree or certificate is conditioned upon the student's good standing in the college and satisfaction of all program requirements. "Good standing" means the student has resolved any unpaid fees or acts of academic or behavioral misconduct and complied with all sanctions imposed as a result of any misconduct. CBC shall deny award of a degree or certificate if the student is dismissed from the college based on their misconduct.

Assembly - Any overt activity engaged in by one or more persons, the object of which is to gain publicity, advocate a view, petition for a cause or disseminate information to any person, persons or group of persons.

Board of trustees - The board of trustees of Community College District No. 19, state of Washington.

Bullying - Physical or verbal abuse, repeated over time, and involving a power imbalance between the aggressor and victim.

College - Columbia Basin College, established within Community College District No. 19, state of Washington.

College facilities - Any and all real property controlled or operated by the college, including all buildings and appurtenances affixed thereon or attached thereto.

College premises - All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the college, including adjacent streets and sidewalks.

Complainant - A person who reports that a violation of the student code of conduct has occurred towards themselves, another person, and/or group of people.

Complaint - A description of facts that allege a violation of student code of conduct or other college policy.

Consent - Knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon activity, including sexual activity. A person cannot consent for sexual activity if they are not of legal age, unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual activity.

Cyberstalking, cyberbullying, and online harassment - The prohibited behavior of stalking, bullying, and/or harassment through the use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, which harms, threatens, or is reasonably perceived as threatening the health or safety of another person.

Disciplinary action - The sanctioning of any student pursuant to WAC 132S-100-430 for the violation of any designated rule or regulation of the college, including rules of student conduct, for which a student is subject to adverse action.

Harassment - Conduct by any means that is severe, persistent, or pervasive, and is of such a nature that it would, or does cause a reasonable person substantial emotional distress and undermine their ability to work, study, or participate in their regular life activities or participate in the activities of the college.

Instructional day - Any regularly scheduled instructional day designated in the academic year calendar, including summer quarter, as a day when classes are held or during final examination week. Saturdays and Sundays are not regularly scheduled instructional days.

Policy - The written regulations of the college as found in, but not limited to, the student code of conduct and any other official regulation written or in electronic form.

Preponderance of the evidence - The standard of proof used with all student disciplinary matters at CBC that fall within the student code of conduct, which means that the amount of evidence needs to be at fifty-one percent or "more likely than not" before a student is found responsible for a violation.

President - The chief executive officer appointed by the board of trustees or, in such president's absence, the acting president or other appointed designee. The president is authorized to delegate any and all of their responsibilities as may be reasonably necessary.

Respondent - The student against whom disciplinary action is being taken or initiated.

Rules of the student conduct code - The rules contained herein as now exist or which may be hereafter amended, the violation of which subject a student to disciplinary action.

Service - The process by which a document is officially delivered to a party. Service is deemed complete upon hand delivery of the document or upon the date the document is electronically mailed and deposited into the mail.

Stalking - Intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent.

Student - Any person taking courses either full-time or part-time, or participating in any other educational offerings at CBC, excluding students enrolled in the High School Academy. If a student withdraws after allegedly violating the student code of conduct, but prior to the college reaching a disciplinary decision in the matter, the college can move forward with the disciplinary process, place the process on hold until the student returns, or choose to place the investigation results in the student's file for consideration should they reapply for admittance to reenroll in the college.

Student appeals board - Also referred to as the "SAB" or "appeals board." The SAB presides over the appeal process for the SCO and SCB conduct decisions that a student has timely appealed as set forth herein.

Student conduct board - Also referred to as the "SCB" is a hearing panel for some disciplinary matters as set forth herein.

Student conduct officer - Also referred to as "conduct officer" and/or "SCO" is the person designated by the college president to be responsible for the administration of the student code of conduct or, in such person's absence, the acting SCO or other appointed designee. The SCO is authorized to delegate any and all of his/her responsibilities as may be reasonably necessary.

ARTICLE I

AUTHORITY FOR THE STUDENT CODE OF CONDUCT

The SCO will develop policies for the administration of the student code of conduct as well as procedural rules for the conduct of SCB hearings that are consistent with the provisions of the student code of conduct as specified herein.

The CBC board of trustees, acting pursuant to RCW 28B.50.140(14), do by written order, delegate to the president of the college, the authority to approve or reject a disciplinary action for which there is a recommendation that a student be expelled or suspended.

The college will have a SCB composed of five members who will serve as a standing committee until a decision is made regarding the case. The membership of the SCB during a hearing will consist of four members chosen and approved by the SCO and vice-president of student services, two students in good standing, and two faculty members. The fifth member is the chairperson, who may be of any category of college employee and who shall be approved by the president of the college. The chairperson will preside at the disciplinary hearing and will provide administrative oversight through the hearing process. The chairperson may participate in committee deliberations but will not vote unless it is necessary to constitute a quorum or the vote of the SCB is tied, at which time the chairperson will cast the deciding vote. Any three persons constitute a quorum of a conduct board and may act, provided that at least one student, one faculty, and the chairperson are present.

The college will have a student appeals board (herein referred to as the "SAB" or "appeals board") composed of three members who will serve as a standing committee until a decision is made regarding the appeal and after their following appeal time frame has passed. The membership of the appeals board will consist of three members, two individuals from the staff or faculty and the vice-president of student services or their designee. The two members will be chosen and approved by the SCO and they must possess no direct history or relation to the student that has filed an appeal. The vice-president of student services will act as the chairperson of the appeals board. The chairperson will provide administrative oversight throughout the process and participate in committee deliberations, but they will only vote if the SAB decision is tied, at which time the chairperson will cast the deciding vote.

The SCO convenes the SCB and/or SAB from the appointed board membership only if a SCB or SAB is needed for disciplinary or appeal procedures.

Instructors have the authority to take appropriate action to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course. An instructor may exclude a student from any single class/program session during which the student is so disorderly or disruptive that it is difficult or impossible to maintain classroom decorum. The instructor will report any such exclusion from the class/program session to the SCO. The SCO may initiate disciplinary action under the student code of conduct.

Decisions on responsibility by the SCO, the SAB, or the SCB are made using the preponderance of evidence standard of proof. These decisions become final after fifteen calendar days from the date of notification to the student unless a written appeal is filed with the SCO prior to that final date. A decision to drop the charges, issue a warning, and/or to only document the case, are not subject to appeal unless the case involves sexual misconduct (see WAC 132S-100-420 and 132S-100-425). All decision notifications by the SCO, SCB, or SAB will include the outcome for the decision and the procedures for appealing that decision. Decisions on an appeal from the president of the college or their designee are final.

ARTICLE II

PROSCRIBED CONDUCT

The CBC student code of conduct will apply to conduct that occurs on college premises, at college-sponsored events and activities, and to off-campus conduct which are violations or alleged violations of local, state, or federal law and which also violate this student code of conduct. Such allegations or violations that occur off-campus can be the subject of college disciplinary action if the SCO determines disciplinary action is necessary. Students are responsible for their conduct from the time of application for admission until thirty instructional days following the actual receipt of a degree and/or certificate, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from the college while a disciplinary matter is pending. The SCO will decide whether the code will be applied to conduct occurring off campus, on a case-by-case basis, at their sole discretion.

The attendance of a student at CBC is a voluntary entrance into the academic community. By such entrance, the student assumes obligations of performance and behavior reasonably imposed by the college relevant to its lawful missions, processes, and functions. It is the college's expectation that students will:

(1) Conduct themselves in a responsible manner;

(2) Comply with rules and regulations of the college and its departments;

(3) Respect the rights, privileges, and property of other members of the academic community;

(4) Maintain a high standard of integrity and honesty; and

(5) Not interfere with legitimate college business appropriate to the pursuit of educational goals.

Any student or student organization will be subject to disciplinary action who, either as a principal or participator or by aiding or abetting, commits or attempts to commit any of the misconduct per WAC 132S-100-205 through 132S-100-295.

Physical and/or verbal abuse, threats, intimidation, harassment, online harassment, coercion, bullying, cyberbullying, retaliation, stalking, cyberstalking, and/or other conduct which threatens or endangers the health or safety of any person or which has the purpose or effect of creating a hostile or intimidating environment.

Abuse of the student conduct system which includes, but is not limited to:

(1) Failure to obey any notice from a college official to appear for a meeting or hearing as part of the student conduct system.

(2) Willful falsification, distortion, or misrepresentation of information during the conduct process.

(3) Disruption or interference with the orderly conduct of a college conduct proceeding.

(4) Filing fraudulent charges or initiating a college conduct proceeding in bad faith.

(5) Attempting to discourage an individual's proper participation in, or use of, the student conduct system.

(6) Attempting to influence the impartiality of a member of the college conduct system prior to, during, and/or after any college conduct proceeding.

(7) Harassment (verbal or physical), retaliation, and/or intimidation of any person or persons involved in the conduct process prior to, during, or after any college conduct proceeding.

(8) Failure to comply with the sanction(s) imposed under the student code of conduct.

Intentional and/or reckless damage to or misuse of college-owned or controlled property, or the property of any person where such property is located within college owned or controlled premises or at college-sponsored functions.

Engaging in any unfavorable treatment of a person based on that person's membership or perceived membership in a protected class. Harassment is a form of discrimination.

Includes, but is not limited to, the following:

(1) Obstruction of teaching, administration, or other college activities, including its public service function on- or off-campus, or of other authorized noncollege activities when the conduct occurs on college premises or at college-sponsored functions.

(2) Material and substantial interference with the personal rights or privileges of others or of the educational process of the college.

(3) Lewd or indecent conduct, breach of peace, or aiding, abetting, or procuring another person to breach the peace on college premises or at functions sponsored, or participated in, by the college or members of the academic community.

(4) Unauthorized use of electronic or other devices to make an audio or video recording of any person while on college premises without their prior knowledge, or without their effective consent, when such a recording is likely to cause injury or distress. This includes, but is not limited to, covertly taking pictures of another person in a gym, locker room, or restroom.

Includes, but is not limited to, the following:

(1) Participating in an on- or off-campus demonstration, riot, or any activity that disrupts the normal operations of the college and/or infringes on the rights of other members of the college community.

(2) Intentionally and/or recklessly inciting others to engage in any prohibited conduct as defined herein, when incitement may lead to such conduct.

(3) Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college-sponsored or supervised functions.

Use, possession, manufacture, or distribution of marijuana, narcotics, or other controlled substances, and drug paraphernalia except as permitted by federal, state, and local law.

Includes, but is not limited to, the following:

(1) The intentional making of false statements and/or knowingly furnishing false information to any college official, faculty member, or office.

(2) Forgery, alteration, or misuse of any college document, record, fund, or instrument of identification with the intent to defraud.

Any method of initiation into a student club or organization, or any pastime or amusement engaged in with respect to such a group or organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending the college as described in Washington statute, RCW 28B.10.900.

Failure to comply with the direction of college officials, campus security officers, or law enforcement officers acting in the legitimate performance of their lawful duties and/or failure to properly identify oneself, provide evidence of student enrollment and/or proper identification to these persons when requested to do so.

Consuming, possessing, furnishing, or selling of alcoholic beverages and/or being under the influence of any alcoholic beverage is prohibited on college premises or at college-sponsored or supervised events except as a participant of legal age in a student program, banquet, or educational program which has the special written authorization of the college president or their designee. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under the state alcohol legal drinking age.

Misuse of the college's computer, telecommunications, or electronic technology, facilities, or equipment which includes, but is not limited to:

(1) Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.

(2) Unauthorized transfer of a file.

(3) Use of another individual's credentials or password or allowing someone else to use your own credentials and password.

(4) Copyright violations.

(5) Use of the college's computer, telecommunications, or electronic technology facilities and resources:

(a) That interferes with the work of another student, faculty member, or college official.

(b) To send obscene or abusive messages.

(c) For personal profit, advertisement, or illegal purposes.

(d) For purposes other than those necessary to fulfill an assignment or task as part of the student's program of instruction.

(e) To engage in any of the prohibited actions and behaviors listed within the acceptable use of information technology resources policy.

Intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency on college premises or at any college-sponsored activity, or falsely setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities.

Engaging in nonconsensual sexual intercourse or nonconsensual sexual contact, requests for sexual favors, or other verbal or physical conduct of a sexual nature where such behavior offends a reasonable, orderly, prudent person under these circumstances. This includes, but is not limited to:

(1) Sexual activity or contact for which clear and voluntary consent has not been given in advance.

(2) Sexual activity with someone who is incapable of giving valid consent because, for example, they are underage, sleeping or otherwise incapacitated due to alcohol or drugs.

(3) Sexual harassment, which includes unwelcome, gender-based verbal, written, electronic, and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's gender.

(4) Sexual violence which includes, but is not limited to, sexual assault, domestic violence, intimate violence, and sexual- or gender-based stalking.

(5) Nonphysical conduct such as sexual- or gender-based cyberstalking, sexual- or gender-based online harassment, sexual- or gender-based cyberbullying, nonconsensual recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.

The unauthorized taking or removing of college-owned or operated property or of another's property with the intent of depriving the owner of the property.

Entering or remaining unlawfully on college premises, as defined by state law. Using college premises, facilities, or property without authority and/or unauthorized possession, duplication or use of keys to any college premises.

Possession of weapons (e.g., firearms, daggers, swords, knives or other cutting or stabbing instruments, clubs) or substances (e.g., explosives) apparently capable of producing bodily harm and/or damage to real or personal property is prohibited on or in college-owned or operated facilities and premises and/or during college-sponsored events.

(1) Carrying of firearms on or in college-owned or operated facilities and/or during college-sponsored events is prohibited except and unless the firearm is registered with the campus security department for a specified period of time.

(2) The aforementioned regulations shall not apply to equipment or materials owned, used or maintained by the college; nor will they apply to law enforcement officers or campus security officers acting in the legitimate performance of their lawful duties.

Academic dishonesty includes, but is not limited to, cheating, plagiarism, and fabrication or falsification of the information, research, or other findings for the purpose of fulfilling any assignment or task as part of the student's program of instruction. Any student who commits or aids and abets the accomplishment of an act of academic dishonesty will be subject to disciplinary action.

Being disorderly or disruptive, where such behavior makes it difficult or impossible to continue with the normal functions of the class/program. Bringing any person or object to a teaching and learning environment that may disrupt the environment or cause a safety or health hazard, without the approval of the instructor or other authorized official, is expressly prohibited.

Conduct which would constitute a violation of any federal, state, or local law. When traveling abroad, international law will apply.

Violation of any college policy, rule, or regulation published electronically on the college web site or in hard copy.

ARTICLE III

RULES AND REGULATIONS

A student or student organization is responsible for the conduct of guests on or in college property and at functions sponsored by the college or sponsored by any recognized college organization.

Any student club or organization shall comply with the student code of conduct. When a member or members of a student club or organization violates the student code of conduct, the members and/or individual member may be subject to appropriate sanctions authorized by this student code of conduct.

College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates the criminal law and this student code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this student code of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the SCO. Determination made or sanctions imposed under this student code of conduct will not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

ARTICLE IV

STUDENT CODE OF CONDUCT PROCEDURES

(1) Initiation of disciplinary action. A request for disciplinary action of a student for violation(s) of the student code of conduct must be made in writing or in person to the SCO as soon as possible but no later than thirty instructional days after the occurrence or the date the requestor knew or should reasonably have known of the occurrence. The choice to pursue a request for disciplinary action that is submitted after thirty instructional days of the occurrence will be subject to the discretion of the SCO. Any member of the college's administration, faculty, staff, or any student or nonstudent may make such a request and it must be a good faith claim. The SCO may decline the request, implement the request, refer the case to the SCB, or engage in informal negotiations to resolve the situation based on the allegation(s) and the evidence that has been provided. If the SCO is subject of a complaint initiated by the respondent, the vice-president for student services shall, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities relative to the request for disciplinary action.

(2) Notification requirements. Once the SCO has decided to begin the investigation process for the request of disciplinary action, the student will be sent a notice to appear for a disciplinary meeting with the SCO. A written notice to appear will be hand delivered or sent by certified mail to the most recent address in the student's record on file with the college, no later than fifteen instructional days after the decision is made to proceed with an investigation. The notice will not be ineffective if presented later due to the student's absence. Such notice will:

(a) Inform the student that a report has been filed alleging the student violated the student code of conduct.

(b) Set forth those provisions of the student code of conduct and the specific acts which are alleged to be violations, as well as the date(s) of the violation(s).

(c) Specify the time, date, and location where the student is required to meet with the SCO. The meeting will be scheduled no earlier than three instructional days, but within thirty instructional days of the date on the notice to appear sent to the student. The SCO may modify the time, date, and location of the meeting, either at the student's or college's request, for reasonable cause.

(d) Inform the student that failure to appear at the appointed time and place will not stop the disciplinary process and may result in a transcript/registration hold being placed onto the student's account, and the student receiving disciplinary sanctions, which could include suspension or expulsion from the college.

(e) Inform the student that they may bring an advisor or representative to the meeting with them. The advisor or representative cannot be a college employee.

(3) Student conduct meeting.

(a) When meeting with the SCO, the student will be informed of the following:

(i) The provision(s) of the rules of the student code of conduct or college policy that they are charged with violating;

(ii) The disciplinary process;

(iii) The range of sanctions which might result from the disciplinary process;

(iv) The student's right to appeal.

(b) The student will have the opportunity to respond to the allegation(s) by providing the information to the SCO about their involvement, if any, in the alleged violation(s), explaining the circumstances surrounding the violation(s), and/or defending themselves against the allegations. If the student chooses to have an advisor or representative present at the meeting, the SCO will allow the advisor or representative to make a brief statement.

(c) The advisor or representative is allowed to assist the student with the process. Any questions that are made by the advisor or representative will be addressed through the discretion of the SCO. Any disruptions or failure to follow the conduct process and/or directions made by the SCO may result in the advisor or representative being removed from the meeting.    

(4) Decision by the SCO.

(a) After interviewing the student or students involved and/or other individuals as appropriate, and after considering the evidence in the case, the SCO may take any of the following actions:

(i) Terminate the proceedings and thereby exonerate the respondent;

(ii) Impose disciplinary sanctions as provided herein;

(iii) Refer the matter to the SCB for appropriate action.

(b) Notification of the decision by the SCO will be hand delivered to the student or sent by mail to the most recent address in the student's record on file with the college, within thirty instructional days of the meeting. A copy of the notification will be filed with the office of the SCO.

(c) Disciplinary action taken by the SCO is final unless the student exercises the right of appeal.

The SCB will hear, de novo, all disciplinary cases referred to the committee by the SCO.

(1) The respondent and the SCO will be sent written notification within fifteen instructional days from the date the committee received the referral from the SCO. The notification will contain the following:

(a) The time, date, and location of the hearing;

(b) The specific violation(s) alleged against the student;

(c) The SCB procedures;

(d) The names of the members of the acting SCB.

(2) The respondent and complainant has the right to be assisted by one advisor or representative of their choice and at their own expense. The advisor must be someone who is not employed by the college. If the respondent chooses to have an attorney serve as their advisor, the student must provide notice to the SCB no less than five instructional days prior to the hearing. The SCB hearing will not be delayed due to the scheduling conflicts of an advisor and such requests will be subject to the discretion of the SCB chairperson.

The respondent and/or complainant are responsible for presenting their own information, and therefore, during the hearing, advisors are not permitted to address the SCB, witnesses, the SCO, or any party or representative invited by the parties to the hearing, or to participate directly in any college conduct hearing. An advisor may communicate with their advisee and recesses may be allowed for this purpose at the discretion of the SCB chair.

(3) The SCB and respondent will be accorded reasonable access to the case file that will be retained by the SCO.

(4) Any SCB member who has a personal relationship, personal interest, or other interest which would prevent that person from rendering a fair and impartial decision must recuse themselves from the case. They will be replaced by another SCB member if possible.

A respondent may request in writing to the SCB chairperson no less than five instructional days prior to the hearing that a SCB member recuse or disqualify themselves. The request must be for good cause, which must be shown by the respondent. In the event of such a request, the SCB will consider the request prior to the time schedule for the hearing and will decide whether the SCB member should be disqualified for that hearing.

(5) The parties involved in the hearing will be requested to submit their witness list and any documentary evidence to be discussed at the hearing to the SCB chairperson no less than five instructional days prior to the hearing. The respondent is allowed a maximum of three character witnesses to appear on their behalf. A written statement from each witness regarding their involvement with the case must be turned in with the witness list submitted by the respondent or the witness will not be allowed to participate.

(6) Hearings will be closed to the public except if requested by the respondent and at the discretion of the SCB chairperson. At all times, however, all parties, their advisors, the witnesses, and the public will be excluded during the deliberations of the SCB.

(7) The SCO may request a special presiding officer to the SCB in complex cases. In these circumstances the special presiding officer will act as the chairperson of the hearing. The president must approve this request.

(8) The chairperson will exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the respondent who disrupts a hearing or who fails to adhere to the rulings of the chairperson may be excluded from the proceedings and may be subject to disciplinary action.

(9) Questions suggested by the respondent and/or complainant to be answered by each other or by other witnesses must be made in writing to the SCB chair. The chair, if appropriate and at their sole discretion, will read the question to the individual it is directed to. Questions related to the order of the proceedings are subject to the final decision of the chair and the SCB.

(10) Formal rules of evidence and procedure will not be applicable in disciplinary proceedings conducted pursuant to this student code of conduct. The chairperson will admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.

(11) In order that a complete record of the proceeding can be made to include all evidence presented, hearings will be recorded or transcribed except for the deliberations of the SCB. The record will be the property of the college.

(12) After considering the evidence in the case, the SCB will decide by majority vote whether to terminate the proceedings, thereby exonerating the respondent, or impose disciplinary sanctions as set forth herein.

(13) The SCB's decision is made on the basis of a "preponderance of the evidence" standard of proof, that is, whether it is more likely than not that the respondent violated the student code of conduct.

(14) If the respondent is found responsible for any of the charges brought against them, the SCB may, at that time consider the student's past disciplinary record in determining an appropriate sanction.

(15) The decision of the SCB must include a written summary in sufficient detail to permit appellate review of the violations alleged, testimony and evidence, and conclusions. Decisions of the SCB will be delivered, within thirty instructional days, to the respondent personally or sent by mail to the student's most recent address on file with the college, and a copy filed with the office of the SCO.

(16) Disciplinary action taken by the SCB is final unless the respondent exercises the right of appeal as provided herein.

Academic dishonesty minimizes the learning process and threatens the learning environment for all students. As members of the CBC learning community, students are not to engage in any form of academic dishonesty.

(1) The class instructor is responsible for handling each case of academic dishonesty in the classroom and for determining a penalty grade as outlined in the course syllabus.

(2) If, within the instructor's professional judgment, reasonable evidence would suggest a student engaged in academic dishonesty, the instructor will provide notice to the student, either written or verbal, of their assertion of academic dishonesty and of the academic penalty grade within thirty instructional days of the occurrence or when the instructor is made aware of the occurrence.

(3) The instructor will submit a report of the assertion of academic dishonesty, the explanation of the notice or actual notice given to the student and a copy of all applicable evidence to the SCO. At this time, the instructor can request that the incident only be documented with the SCO unofficially, or they can officially refer the matter for disciplinary action. If the student has a previous academic dishonesty record, then the SCO can choose to move forward with the disciplinary process without an official referral.

A decision by the SCO, SCB, and/or SAB can be appealed if a written request to appeal is received by the SCO within fifteen calendar days of notification of the SCO, SCB, or SAB's decision. Failure to file a written appeal within the time period specified will result in the decision(s) becoming final with no further right of appeal.

(1) The notice of appeal must include a brief statement explaining why they are seeking review and must assign error to specific findings of fact and/or conclusions of law in the initial order and must contain argument regarding why the appeal should be granted.

A respondent, who timely appeals a disciplinary action, has a right to a prompt, fair, and impartial appeals review as provided for in these procedures.

(2) Imposition of the discipline for violation of the student code of conduct shall be stayed pending appeal, unless the respondent has been issued an interim restriction or interim suspension.

(3) The SAB will be convened in private to review all appeals submitted within the appropriate time frames to the SCO. Their appeal decision will be personally delivered or mailed to the respondent within fifteen instructional days of receiving the appeal from the SCO.

(a) If the respondent and/or complainant wish to explain their views of the matter to the SAB they shall be given an opportunity to do so in writing.

(b) The SAB may not take any action less favorable to the respondent(s), unless notice and an opportunity to explain the matter is first given to the respondent(s). In such cases, the decision notification time frame will be adjusted to thirty instructional days, to allow the respondent time to meet with the SAB.

(c) The SAB shall review the verbatim record of the meeting with the SCO and/or SCB hearing and all information provided by the parties to make a determination to affirm, reverse, or modify the SCO or SCB's decision, and/or affirm, reverse, or modify the sanctions imposed by the SCO or SCB's decision.

(4) An appeal is limited to a review by the SAB for one or more of the following purposes:

(a) To determine if the proceedings were conducted fairly in light of the charges and information presented, and in conformity with proscribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the student code of conduct was violated, and giving the respondent a reasonable opportunity to prepare and to present a response to those allegations. Deviation from designated procedures are not a basis for sustaining an appeal unless significant prejudice results.

(b) To determine whether the decision reached regarding the respondent was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the student code of conduct occurred under the preponderance of evidence standard of proof.

(c) To determine whether the sanction(s) imposed were appropriate for the violation of the student code of conduct which the student was found to have committed.

(d) To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original meeting with the SCO or SCB hearing.

(5) Appeals of disciplinary action(s) will be taken in the following order:

(a) Disciplinary decisions and action taken by the SCO or SCB may be appealed by the respondent to be reviewed by the SAB.

(b) Disciplinary decisions and action taken by the SAB may be appealed by the respondent to be reviewed by the college president.

(i) The president will send notification to the respondent of their decision on the appeal within fifteen instructional days after filing an appeal with the SCO. The president shall make determinations based on the following:

(i) Affirm, reverse, or modify the SAB's decision;

(ii) Affirm, reverse, or modify the sanctions imposed by the SAB's decision; and

(iii) The president's decision is final.

(1) The college's Title IX coordinator or their designee, shall investigate complaints or other reports of alleged sexual misconduct by a student. Investigations will be completed in a timely manner and the substantiated results of the investigation shall be referred to the acting SCO for disciplinary action.

(2) Informal dispute resolution shall not be used to resolve sexual misconduct complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

(3) College personnel will honor requests to keep sexual misconduct complaints confidential to the extent this can be done without unreasonably risking the health, safety and welfare of the complainant or other members of the college community or compromising the college's duty to investigate and process sexual harassment and sexual violence complaints.

(4) Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in the student discipline matters, including the right to participate in the initial disciplinary decision-making process, to simultaneously receive all notification of the SCO, SCB, SAB, or president's decision, and to appeal any disciplinary decision from the SCO, SCB, or SAB.

(5) Application of the following procedures is limited to student conduct code proceedings involving allegations of sexual misconduct by a student. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132S-100-400 through 132S-100-405. In the event of conflict between the sexual misconduct procedures and the student disciplinary procedures, the sexual misconduct procedures shall prevail.

(6) The SCO, prior to initiating disciplinary action, will make a reasonable effort to contact the complainant to discuss the results of the investigation and possible disciplinary sanctions and/or conditions, if any, that may be imposed upon the respondent if the allegations of sexual misconduct are found to have merit.

(7) The SCO or SCB chairperson, on the same date that a disciplinary decision is served on the respondent, will serve a written notice informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights. If protective sanctions and/or conditions are imposed, the SCO shall make a reasonable effort to contact the complainant to ensure prompt notice of the protective disciplinary sanctions and/or conditions.

(8) The SCO, the Title IX coordinator officer and any participating members of the SCB or SAB that are involved with cases alleging sexual misconduct receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and learn how to conduct an investigative process that protects the safety of victims and promotes accountability.

(1) The following actions by the SCO, SCB, or SAB may be appealed by the complainant:

(a) Dismissal of a sexual misconduct complaint; or

(b) Disciplinary sanction(s) and condition(s) imposed against a respondent for a sexual misconduct violation, including a disciplinary warning and/or documentation only.

(2) A complainant may appeal a disciplinary decision by filing a notice of appeal in writing to the SCO within fifteen days of receiving notification of the disciplinary decision. The notice of appeal may include a written statement setting forth the grounds of appeal. Failure to file a timely notice of appeal constitutes a waiver of this right and the disciplinary decision shall be deemed final.

(3) If the respondent timely appeals a decision imposing discipline for a sexual misconduct violation, the college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.

(4) Except as otherwise specified in this procedure, a complainant who timely appeals a disciplinary decision or who intervenes as a party to respondent's appeal of a disciplinary decision shall be afforded the same procedural rights as are afforded the respondent.

(5) If the complainant appeals the SAB's decision, the appeal will be reviewed by the president or their designee subject to the same procedures and deadlines applicable to other parties.

The following sanctions may be imposed upon any student found to have violated the student code of conduct:

(1) Warning. A verbal statement or notice in writing to the respondent that they are violating or have violated college rules or regulations and that continued violations may be the cause for further disciplinary action.

(2) Reprimand. Notice in writing that the respondent has violated one or more of the policies outlined in the student code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action.

(3) Loss of privileges. Denial of specified privileges for a designated period of time.

(4) Restitution. An individual student may be required to make restitution for damage, loss, or injury. This may take the form of appropriate service and/or monetary or material replacement. Failure to make restitution within thirty days or any period set by the SCO, SCB, SAB, or president will result in suspension for an indefinite period of time as set forth in subsection (7) of this section, provided that a student may be reinstated upon payment or upon a written agreed plan of repayment. Failure to strictly comply with the terms of a repayment plan will result in immediate suspension.

(5) Discretionary sanctions. Work assignments, essays, service to the college, or other related discretionary assignments.

(6) Disciplinary probation. Formal action placing conditions upon the student's continued attendance for violations of college rules or regulations or other failure to meet the college's expectations within the student code of conduct. Written notice of disciplinary probation will specify the period of probation and any condition(s) upon which his/her continued enrollment is contingent. Such conditions may include, but not be limited to, adherence to terms of a behavior contract or limiting the student's participation in extra-curricular activities or access to specific areas of the college's facilities. Disciplinary probation may be for a specified term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.

(7) Suspension. Separation of the student from the college for a definite period of time, after which the student is eligible to return. Students who are suspended may be denied access to all or any part of the campus or other facilities during the duration of the period of suspension. Additionally, conditions for readmission may be specified.

(8) Expulsion. Permanent separation of the student from the college. Students who are expelled may be denied access to all or any part of the campus or other facilities permanently.

(9) Revocation of admission and/or degree. Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining admission or the degree, or for other serious violations committed by a student prior to graduation. Revocation of a degree must be approved by the board of trustees.

(10) Withholding degree. The college may withhold awarding a degree otherwise earned until the completion of the process set forth in the student code of conduct, including the completion of all sanctions imposed, if any. Withholding a degree must be approved by the board of trustees.

(11) Professional evaluation. Referral for drug, alcohol, psychological or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student's return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the student code of conduct.

(12) Delayed suspension. A probationary amount of time set by the SCO, SCB, SAB, or president in which the student must remain on good terms with the student code of conduct. If the student is found responsible for violating the student code of conduct while still under the delayed suspension guidelines, then the student will be suspended, as set forth in subsection (7) of this section, for their next violation of the student code of conduct.

(1) If there is cause to believe that a student or student organization poses an imminent threat to themselves, itself, to others, or to property, immediate action may be taken pending an investigation by the SCO. The SCO may take one or more of the following interim actions:

(a) Interim restrictions. A student may be restricted from college-owned or operated property and/or events.

(b) Interim suspension. A student may be suspended pending investigation, action, or prosecution.

(2) Permission to enter or remain on campus. During the period of interim measures, the student will not enter the college or any facility under the operation of the college other than to meet with the SCO or to attend the hearing. However, the SCO may grant the student special permission to enter the campus for the express purpose of meeting with faculty, staff, or students in preparation for the hearing or to participate in the Title IX process.

(3) Notice of interim measure proceedings. If the SCO finds it necessary to exercise the authority to evoke interim measures, they will give the student notice, orally or in writing, stating;

(a) The time, date, place, and nature of the alleged misconduct.

(b) The evidence in support of the charge(s).

(c) The corrective action or punishment which may be imposed against the student.

(d) The possibility that anything the student says to the SCO may be used against the student.

(e) The student's right to either accept the disciplinary action or, within three instructional days following receipt of the above notification, file at the office of the SCO a written request for a review of the interim measure by the SAB. If the request is not filed within the prescribed time, it will be deemed as waived.

(f) Conduct meeting. The meeting will be accomplished according to the procedures set forth in this document and no later than ten instructional days after the actions is taken unless the interim measures are related to a Title IX investigation, in which the conduct meeting will follow the referral of the Title IX coordinator officer upon completion of their investigation. Failure by the student to appear at the conduct meeting will result in the SCO suspending the student from the college.

ARTICLE V

RECORDS

(1) Records of all disciplinary cases will be kept by the office of the SCO. Except in proceedings wherein the student is exonerated, all documentary proceedings and all recorded testimony will be preserved insofar as possible for at least seven years. No record of proceedings wherein the student is exonerated, other than the fact of exoneration, will be maintained in the student's file or other college repository after the date of the student's graduation or for one calendar year.

(2) The office of the SCO will keep accurate records of all disciplinary actions taken by, or reported to, that office. Such recordings will be placed in the student's disciplinary records. The SCO is responsible for ordering the removal of any notations of any disciplinary action on the student's record. A student may petition the SCO for removal of such a notation at any time.

(3) The Family Educational Rights and Privacy Act (FERPA) provides that an educational institution may notify a student's parent or legal guardian if the student is under the age of twenty-one and has violated a federal, state, or local law involving the use or possession of alcohol or a controlled substance.

PART I

In order to assure the health and safety of all persons on properties owned or controlled by Columbia Basin College, the following rules and regulations regarding animals on campus are hereby promulgated: No person will be permitted to bring any animal upon properties owned or controlled by Columbia Basin College unless such animal is a service animal as defined in RCW 70.84.021 and is under the immediate control of such person. Animals are prohibited from being on college grounds and from entering college buildings, with the following exceptions:

(1) Service animals;

(2) Events at which animals are participants;

(3) When animals are part of an academic program.

Owners shall have immediate physical control of their animals (for example: Leashed, caged or carried) while on the grounds of Columbia Basin College.

Exceptions to this section may be authorized by the college president or his or her designee(s).

Persons violating WAC 132S-200-110 may be trespassed from the college campus and/or referred by administration or campus security to the appropriate police agency for prosecution under the city animal control code for the campus on which the violation occurred.

PART II

(1) Smoking and tobacco products are not allowed inside any building or vehicle operated by Columbia Basin College (CBC).

(2) Smoking materials and related tobacco supplies will not be available for sale or vended on the campuses.

(3) Smoking and tobacco use by staff, students and nonstudents, including visitors, are prohibited within at least fifty feet of building openings (i.e., doors, air intakes, windows) and spaces near outdoor work areas.

(4) Smoking is prohibited in any location where the airflow carries smoke directly into a facility work area.

(5) Smokers must dispose of smoking and tobacco refuse in ash cans or other containers specifically designed and placed for such disposal.

(6) CBC shall ensure through proper posting that outside smoking and tobacco use areas are at least fifty feet from doorways and air intakes.

(7) Any student, staff, or faculty member who violates the college smoking and tobacco-free policy may be subject to disciplinary action. In addition, violations of the college smoking and tobacco-free policy by the public may subject the violator to trespass from campus and/or enforcement by a local law enforcement agency.

PART III

(1) It shall be the policy of this college that possession of weapons apparently capable of producing bodily harm and/or property damage is prohibited on or in college facilities or college-leased facilities.

(2) Explosives are prohibited on or in college facilities or leased college facilities.

(3) Carrying of firearms on or in college facilities or college-leased facilities is prohibited except when the concealed permit carrier registers the firearm with the campus security office for a specified period of time.

(4) The aforementioned regulations shall not apply to equipment or materials owned, used or maintained by the college; nor will they apply to law enforcement officers while on campus.

(5) Violations of these rules may be grounds for immediate suspension for student, staff or faculty pending a hearing. In addition, violations of this policy by a member of the public may subject the violator to trespass from the campus and/or enforcement by a local law enforcement agency.

Columbia Basin College campuses are open to the public, as are the buildings during business hours. To ensure safety of all on the campuses, the student conduct office and the campus security office may at times need to issue a trespass notice to an individual, trespassing that person or their vehicle from college property.

Trespass notices may be issued by the student conduct officer or campus security officers to an individual who has violated the student rights and responsibilities code, college regulations specified in Title 132S WAC, administrative policies, state law or municipal codes, or has willfully jeopardized the safety of others.

When the student conduct officer or any campus security officer deems that any of the above criteria have been met, he or she will issue a trespass notice to the individual. A copy of the notice will be kept on file at the campus security office and may be shown to the local law enforcement agencies if an arrest for violation of the trespass order is necessary in the future.

(1) Temporary trespass notice.

(a) A temporary trespass notice of up to twenty-four hours can be issued, without a right to appeal, to any person for whom the college has received a complaint or who has been observed doing any of the following:

(i) Causing harm or inflicting injury to college community members;

(ii) Threatening or intimidating members of the community;

(iii) Disrupting academic and administrative business of the college;

(iv) Causing damage to college or personal property; and/or

(v) Violating college policy, college regulation or the student conduct code.

(b) A temporary trespass notice will be hand delivered to the recipient at the time of the incident or as soon as possible if the recipient has left college grounds. Copies of all written notices are kept on file with the campus security office.

(c) If an individual violates the temporary trespass notice, the student conduct officer or the campus security officer can extend the trespass to remain in effect for up to two weeks.

(d) Individuals have the right to appeal a trespass that is longer than twenty-four hours.

(2) Permanent trespass notice.

(a) Individuals who are not current students of the college can be issued a permanent trespass by the campus security office if deemed necessary to protect the campus community. Permanent trespass notices will be hand delivered or sent via U.S. mail (certified receipt) to the individual.

(b) A permanent trespass can be simultaneously administered with the assistance of local law enforcement agencies and their official trespass notification.

(c) Individuals have a right to appeal a permanent trespass.

(3) Student trespass appeals process.

(a) Currently enrolled students who wish to appeal a temporary trespass notice must contact the office of student conduct. However, a trespass notice that is in effect for twenty-four hours or less cannot be appealed.

(b) Students, who are permanently trespassed through the student rights and responsibility code process will be notified through the sanction letter from the student conduct officer.

(4) Nonstudent trespass appeals process.

(a) Nonstudents who are not currently enrolled who wish to appeal a trespass notice must contact the office for the vice-president of administrative services.

(b) The criteria used for the appeals review include, but are not limited to:

(i) Determination of the threat posed by the individual to the community;

(ii) Review of the individual's need to be present on campus (with limitations when decided as appropriate); and

(iii) Review of the incident or supporting documentation that resulted in the trespass notice being issued.

(c) The vice-president for administrative services will review one appeal or request from the trespassed individual for modification per year and reserves the right to deny any appeal based on the safety of the campus community.

(d) If the vice-president of administrative services considers modifying or rescinding a trespass notice, he may consult with other college personnel as part of the appeal review process, such as the student conduct officer or the vice-president for human resources and legal affairs.

(e) Notification of the outcome of the appeal will be sent to the requestor within thirty days of the request via U.S. mail (certified receipt).

PART I

TRAFFIC AND PARKING

The rules and regulations provided in this chapter have been established by Columbia Basin College to govern pedestrian traffic, vehicular traffic, and parking on its campuses and upon all state lands devoted to the educational, recreational, and research activities of Columbia Basin College.

The words used in this chapter shall have the meaning given in this section, unless the context clearly indicates otherwise.

(1) "Board" shall mean the board of trustees of Columbia Basin College.

(2) "Campus" shall mean any or all real property owned, operated, or maintained by Columbia Basin College.

(3) "College" shall mean Columbia Basin College.

(4) "Faculty members" shall mean any employee of Columbia Basin College who is employed to teach at Columbia Basin College.

(5) "Campus security officer" shall mean an employed security officer, security guard or communication officer of the college.

(6) "Staff" shall mean the classified, exempt and administrative employees of Columbia Basin College.

(7) "Vehicle" shall mean an automobile, truck, motor driven cycle, scooter, or any vehicle empowered by a motor.

(8) "Visitors" shall mean any person or persons, excluding students as defined above, who come upon the campus as guests, and any person or persons who lawfully visit the campus for the purposes which are in keeping with the college's role as an institution of higher learning in the state of Washington.

(9) "Employee parking permits" shall mean permits which are valid annually and shall be obtained from the plant operations office at the fee set by administration.

(10) "Temporary permits" shall mean permits which are valid for a specific period of time designated on the permit.

The purposes of the rules and regulations established by this chapter are:

(1) To control parking on college owned parking lots;

(2) To protect and control pedestrian and vehicular traffic;

(3) To assure access at all times for emergency equipment;

(4) To minimize traffic disturbance during class hours;

(5) To expedite Columbia Basin College business, protect state property and to provide maximum safety and convenience.

The traffic and parking regulations which are applicable upon state lands devoted to the educational, recreational and research activities of Columbia Basin College are as follows:

(1) The motor vehicle and other traffic laws of the state of Washington;

(2) The traffic code of Pasco and Richland; and

(3) Special regulations set forth in this chapter.

Upon special occasions causing additional heavy traffic, during emergencies or construction of campus facilities, the vice-president of administrative services or designee is authorized to impose additional traffic and parking regulations or modify the existing rules and regulations for the achievement of the general objectives provided in WAC 132S-300-110.

These rules and regulations shall not apply to city, county, or state-owned emergency vehicles.

The vice-president of administrative services or designee is authorized to erect signs, barricades and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned or operated by the college. Such signs, barricades, structures, markings, and directions shall be so made and placed to best effectuate the rules and regulations contained in this chapter. Drivers of vehicles shall observe and obey the signs, barricades, structures, markings and directions erected pursuant to this section. Drivers shall also comply with the directions given them by campus security officers in the control and regulation of traffic.

No vehicle shall be operated on the campuses at a speed in excess of fifteen miles per hour in parking lots; or such lower speed as is reasonable and prudent in the circumstances. No vehicle of any type shall at any time use the campus parking lots for reckless or negligent driving or unauthorized activities.

(1) The operator of a vehicle shall yield the right of way, slowing down or stopping, if need be to so yield to any pedestrian, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass such a vehicle which has slowed or stopped to yield to pedestrian traffic.

(3) Every pedestrian crossing at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles.

(4) Where a sidewalk is provided, pedestrians shall proceed upon such a sidewalk.

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or claimed damage to either or both vehicles shall immediately report such accident to the campus security office.

The college assumes no liability under any circumstances for vehicles driven or parked on campus.

If any provision of this chapter shall be adjudged by a court of record to be unconstitutional, the remaining provisions of this chapter shall continue in effect.

PART II

ENFORCEMENT

The authority and powers conferred upon the vice-president of administrative services by these regulations shall be subject to delegation to appointed designees, including campus security officers or other designated subordinates.

(1) Enforcement of the parking rules and regulations will begin the first day of the first week of full classes of the fall quarter and will continue until the end of summer quarter. These rules and regulations will not be enforced on Saturdays, Sundays, and official college holidays.

(2) The vice-president of administrative services or designee shall be responsible for the enforcement of the rules and regulations contained in this chapter. The vice-president of administrative services is hereby authorized to delegate this responsibility to the campus security officers or other designated subordinates.

PART III

PARKING PERMITS

Fines may be levied for parking violations that occur on Columbia Basin College (CBC) campuses. A schedule shall be published on the college's web site at www.columbiabasin.edu. A copy of the fine schedule shall also be available in the campus security office. Upon the violations of any of the rules and regulations contained in this chapter, the vice-president of administrative services, and campus security and staff, including student workers, may issue a warning, summons or ticket setting forth the date, the approximate time, permit number, license information, infraction, officer, and fines as appropriate. Such warnings, summons or traffic tickets may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

The plant operations office or designee is authorized to issue annually parking permits to faculty, staff members and employees of private parties using college facilities pursuant to regulations and the payment of appropriate fees as determined by the college.

A valid parking permit is:

(1) A current parking permit issued by plant operations office and properly displayed;

(2) A temporary or visitor's parking permit from the sponsoring department and properly displayed;

(3) A special parking permit and properly displayed;

(4) A shop permit authorized by a vocational-technical instructor and properly displayed; or

(5) A carpool permit authorized by college security and properly displayed.

(1) All annual parking permits shall be properly displayed and viewable from the front windshield of the vehicle. Temporary, special, visitor, carpool, or shop permits shall be placed in a visible position on the dashboard of the automobile. Additionally, for a vehicle utilizing a carpool space, two or more carpool permits must be displayed on the dashboard in a manner that is visible to campus security officers (e.g., cannot be stacked or overlapping, etc.).

(2) Permits not displayed pursuant to the provisions of this section shall not be valid and the vehicle may be subject to parking violation.

Annually issued parking permits purchased by individuals stated in WAC 132S-300-305 are transferable.

Parking permits are the property of the college and may be recalled by the vice-president of administrative services for any of the following reasons:

(1) When the purpose for which the permit was issued changes or no longer exists;

(2) When a permit is used by an unregistered vehicle or by an unauthorized individual;

(3) Falsification on a parking permit application;

(4) Continued violations of parking regulations; or

(5) Counterfeiting or altering a parking permit.

Cancellation or revocation of any parking permit because of any of the causes stated in WAC 132S-300-325 (2) through (5) may be appealed to the vice-president of administrative services. The decision of the vice-president for administrative services or designee may be appealed to the college president.

The parking space available on campus for annually issued parking permits shall be designated and allocated by the plant operations office or designee in such a manner as will best effectuate the objectives of the rules and regulations in this chapter.

(1) Parking spaces will be designated for use of visitors on campus.

(2) Parking spaces for persons with disabilities will be designated pursuant to RCW 46.61.581. The allocated parking spaces are exclusively for use by those designated, provided that appropriate state of Washington "disabled permit" are displayed properly within their vehicles.

(3) Parking spaces will be designated for use by carpool vehicles.

(1) All vehicles shall follow traffic arrows and other markings established for the purpose of directing traffic on campus.

(2) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle with the vehicle facing head in.

(3) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this section.

The rules and regulations pertaining to the use of certain parking permits in specific areas as contained in WAC 132S-300-340 shall be in force during the hours from 6:00 a.m. to 5:00 p.m.

Night students and faculty members may park in any of the designated permitted/reserved spaces or stalls at any time, with the exception of disabled permitted parking.

PART IV

FINES, PENALTIES AND APPEALS

The vice-president of administrative services or designee is authorized to impose fines and penalties for the violation of the rules and regulations contained in this chapter.

Fines. A schedule of fines shall be set and reviewed by a committee (including one student) appointed by the vice-president of administrative services. This schedule shall be published online at the colleges web site located at www.columbiabasin.edu, summary of parking regulations, and traffic summons form. At the discretion of the vice-president of administrative services a student with an accumulation of traffic tickets may be referred to the college's student conduct officer to initiate disciplinary proceedings as determined appropriate. Except as provided under subsection (2) of this section, fines will be levied for all violations of the regulations contained in this chapter.

Impoundment. Vehicles parked on a Columbia Basin College campus in violation of any of the regulations contained in this chapter may be impounded at the discretion of the vice-president of administrative services. If a vehicle is impounded, it may be taken to such place for storage as the vice-president of administrative services or designee selects. The expenses of such impounding and storage shall be charged to the owner or operator of the vehicle and paid by him or her prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such impounding and storage.

Appeals. Any fines and penalties for citations under the rules and regulations of this chapter must be appealed in writing, stating fully all grounds for appeal, within five days from the date of the citation, to the vice-president for administrative services who will:

(1) After notice to the appealing party, confer with said party and review the appeal to determine whether a satisfactory solution can be reached without further administrative action. The vice-president for administrative services will advise the appealing party as soon as practicable of his or her decision.

(2) If the appealing party is dissatisfied with the vice-president of administrative services decision, the appealing party may submit the same appeal to the president. The decision of the president will be final.

This chapter shall be known as facility use for first amendment activities.

(1) "College groups" shall mean individuals who are currently enrolled students or current employees of Columbia Basin College or who are affiliated with a recognized student organization or a recognized employee group of the college.

(2) "College facilities" includes all buildings, structures, grounds, office space and parking lots.

(3) "Limited public forum areas" means those areas of each campus that the college has chosen to open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner restrictions.

(4) "First amendment activities" includes, but are not necessarily limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.

(5) "Noncollege groups" shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

Columbia Basin College is an educational institution 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 college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, the college is a designated public forum opened for the limited purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in this policy.

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 noncollege groups. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

(1) Subject to the regulations and requirements of this policy, noncollege groups may use the campus limited forums for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m.

(2) Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.

(3) Any sound amplification device may only be used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories or any previously scheduled college event or activity.

(4) All sites used for first amendment activities should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary clean-up or for the repair of damaged property.

(5) All fire, safety, sanitation or special regulations specified for the event are to be obeyed. The college cannot and will not provide utility connections or hook-ups for purposes of first amendment activities conducted pursuant to this policy.

(6) The event must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events. The event must not create safety hazards or pose unreasonable safety risks to college students, employees or invitees to the college.

(7) The event must not interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The event must not materially infringe on the rights and privileges of college students, employees or invitees to the college.

(8) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(9) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of a college department of office or officially chartered student club.

(10) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinances and state or federal laws.

(11) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. Noncollege groups may otherwise use college facilities as identified in this policy.

(12) The college designates the following area(s) as the sole limited public forum area(s) for use by noncollege groups for first amendment activities on campus: Mural gathering area (concrete pad north of the A building).

(13) Noncollege groups that seek to use the campus limited forum to engage in First Amendment activities shall provide notice to the campus security office no later than twenty-four hours prior to the event along with the following information:

(a) The name, address and telephone number of the individual, group, entity or organization sponsoring the event (hereinafter "the sponsoring organization");

(b) The name, address and telephone number of a contact person for the sponsoring organization;

(c) The date, time and requested location of the event;

(d) The nature and purpose of the event;

(e) The type of sound amplification devices to be used in connection with the event, if any; and

(f) The estimated number of people expected to participate in the event.

(14) Noncollege group events shall not last longer than five hours from beginning to end.

Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. Noncollege groups may distribute materials only at the site designated for noncollege groups.

Any person determined to be violating these regulations is subject to an order from the college security office to leave the college campus. Persons failing to comply with such an order to leave the college campus are subject to arrest for criminal trespass.

When using college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy.

When the college grants permission to a noncollege group to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

WAC 132S-500-100 through 132S-500-140 will be known as facility use for other than first amendment activities.

Columbia Basin College reserves its facilities, buildings and grounds for those activities that are related to its broad educational mission. At other times, the college facilities may be made available to other individuals and organizations as stated in this chapter. The purpose of these regulations is to establish procedures and reasonable controls for the use of college facilities for noncollege groups and for college groups where applicable.

In keeping with this general purpose, and consistent with RCW 28B.50.140 (7) and (9), facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do not interfere with the mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

Primary consideration shall be given at all times to activities specifically related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching or public service programs.

Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Such arrangements by both individuals or groups within the college community must be made through the facility use request system through the executive assistant for the vice-president for administrative services.

This chapter does not apply to those individuals or groups using the college facilities for first amendment activities. Use of the campus for first amendment activities, as defined by law, is governed by the rules set forth in WAC 132S-400-100 through 132S-400-130.

Requests to use college facilities shall be made to the executive assistant for the vice-president for administrative services, who shall be the agent of the college in consummating use agreements.

The primary purpose of college facilities is to serve the instructional programs of the college. However, the facilities, when not required for scheduled college use, may be available for use in accordance with current fee schedules and other relevant terms and conditions for such use.

College facilities may not be used by individuals or groups from outside the college unless the facilities including buildings, equipment and land have been reserved.

In determining whether to accept a request for the use of college facilities, the executive assistant shall use as guidelines the mission of the college and the following items, listed in priority order:

(1) Columbia Basin College instruction, scheduled programs and activities.

(2) Major college events.

(3) Noncollege (outside individual or organization) events.

Arrangements for use of college facilities must be made through the executive assistant. Application for the use of facilities and grounds shall be made no later than ten working days prior to the date the event is scheduled to occur.

(1) Where college space is used for an authorized function (such as a class or a public or private meeting under approved sponsorship, administrative functions or service-related activities), groups must obey or comply with directions of an authorized representative of the college.

(2) If at any time actual use of college facilities by an individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.

(3) Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff concerning use of the facilities.

(4) No person may enter onto college grounds or facilities possessing a visible firearm or other dangerous weapon, except specifically as allowed by law under WAC 132S-200-140.

(5) Promotional materials or posting for any event being held in a college facility must follow the same procedure as applies to students outlined in chapter 132S-100 WAC.

(6) Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs.

(7) The college facilities may not be used for private or commercial purposes unless such activities clearly serve the educational mission of the college are either sponsored by an appropriate college unit or conducted by contractual agreement with the college.

(8) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities. Rules, regulations, policies, procedures and practices regarding the use of college facilities shall not discriminate or promote discrimination among political parties, groups or candidates solely on the basis of their particular political viewpoint.

(9) Activities of commercial or political nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples or brochures outside rooms or facilities to which access may be granted.

(10) No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law concerning interference with the mail.

(11) Religious groups shall not, under any circumstances, use the college facilities as a permanent meeting place. Use shall be intermittent only, so as not to imply college endorsement.

(12) Alcoholic beverages will not be served without the approval of the vice-president for administrative services or designee(s). It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor and cannabis board and adhere to their regulations including all state and local regulations and laws, and those of Columbia Basin College.

(13) Authorization for use of college facilities shall not be considered as endorsement of or approval of any group or organization nor the purposes they represent. The name of the college shall not be associated with any program or activity for which the college facilities are used without specific written approval from the president or his or her designee(s).

(14) Rental of college facilities carries no right of advertising on college premises other than the right to post a sign for the purpose of directing people to the place of assembly.

(15) Unless otherwise provided by contractual agreement, an authorized member of the college staff shall be required to be available at times when college facilities are in use by a group. If service beyond normal business hours is required as a result of any meeting, such time shall be paid by the using organization at the currently established rate. The college may require and charge users for security services at the college's discretion.

(16) Audio-visual equipment and materials are intended to support and supplement the college's curriculum. Equipment shall not be rented to external users, unless official prior approval has been granted and currently established rates are charged. The existence of equipment in a rented space does not mean the user has the right to use it.

Columbia Basin College is a state agency and exists to serve the public. However, the college may deny use of its facilities to any individual, group or organization if the requested use would:

(1) Interfere or conflict with the college's instructional, student services or support programs;

(2) Interfere with the free flow of pedestrian or vehicular traffic on campus;

(3) Involve illegal activity;

(4) Create a hazard or result in damage to college facilities; or

(5) Create undue stress on college resources.

The college president hereby delegates his or her designee(s) the right to cancel the facilities rental agreement at any time and to refund any payment to the college for the use of college facilities. If imminent danger exists or unlawful activity is practiced by the using organization, or if there is any violation of any term, condition or provision of the use arrangement, the college may terminate an agreement immediately and without notice.

When using college facilities, an individual or organization may be required to make an advance deposit, post a bond and/or obtain insurance to protect the college against cost or other liability.

When the college grants permission to an individual or organization to use its facilities, it is with the expressed understanding and condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the college against any loss or damage claim arising out of such use.

Fees will be charged in accordance with the rates available from the executive assistant for the vice-president of administrative services. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.

The college reserves the right to have trained college staff operate any and all technical equipment at the user's expense. Rates and fees for use of facilities are available online at www.columbiabasin.edu and from the executive assistant for the vice-president of administrative services.

(1) The college reserves the right to control and regulate the distribution of nonfirst amendment materials which might interfere with the college's educational mission.

(2) Permission for the posting, display or distribution of handbills, leaflets, newspapers, posters and similar related matter on college facilities must be obtained from the vice-president of administrative services or designee. Permission for such posting or display will be given only if such material meets the following criteria:

(a) Must not be commercial, obscene or unlawful in nature;

(b) Must not interfere with the ingress and egress of persons, or interfere with the free flow of vehicle or pedestrian traffic, or the orderly administration of college affairs, or cause an interruption of classes;

(c) Each of such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual, as well as the date when posted materials will be removed from the property.

(3) Students/college employees.

Handbills, leaflets, newspapers and similar related matter may be sold or distributed free of charge by any Columbia Basin College student or students or by members of recognized Columbia Basin College student organizations or by Columbia Basin College employees on or in Columbia Basin College facilities at locations specifically designated by the director of student activities; provided such distribution or sale meets the criteria listed in subsection (2)(a) through (c) of this section.

(4) Nonstudent persons and organizations not connected with the college may not distribute handbills, leaflets, newspapers and similar materials.

(5) Any distribution of materials as authorized by the office of the vice-president for administrative services and regulated by established guidelines shall not be construed as support or approval by the college community or the board of trustees.

It is the policy of Community College District No. 19 that capital projects proposed and developed by the district shall be accomplished in compliance with chapter 43-21C RCW, the State Environmental Policy Act (SEPA); and in accordance with chapter 197-11 WAC and all subsequent amendments thereto, and  WAC 131-24-030.

In compliance with chapter 197-11 WAC, the president, or a duly appointed administrator designee, shall be the responsible official for implementing this policy.