WSR 16-09-073 PROPOSED RULES COLUMBIA BASIN COLLEGE [Filed April 18, 2016, 2:07 p.m.]
Supplemental Notice to WSR 16-01-007.
Preproposal statement of inquiry was filed as WSR 15-15-091.
Title of Rule and Other Identifying Information: Chapters 132S-90 and 132S-300 WAC.
WAC 132S-90-020, added subsection (12) for student responsibilities – meet financial obligations to the college for outstanding tuition, fees, fines or other debts.
WAC 132S-90-070, added new section – outstanding financial obligations, withholding of services and informal appeal for students.
WAC 132S-300-105, corrected subsection (7) to state "powered."
WAC 132S-300-300, corrected to state "parking citations" rather than ["]traffic tickets.["]
WAC 132S-300-305, added students.
WAC 132S-300-345, corrected time for parking permits during the hours of 6:00 a.m. – 10:00 p.m.
WAC 132S-300-350, deleted night parking.
WAC 132S-300-400, deleted language regarding review of schedule of fines and revised appeal rights for parking citations that includes review by a parking citation committee.
Hearing Location(s): Columbia Basin College (CBC) Board Room, A Building, 2600 North 20th Avenue, Pasco, WA 99301, on May 24, 2016, at 5:00-6:00 p.m.
Date of Intended Adoption: May 25, 2016.
Submit Written Comments to: Camilla Glatt, 2600 North 20th Avenue, Pasco, WA 99301, e-mail cglatt@columbiabasin.edu, fax (509) 544-2029, by May 24, 2016.
Assistance for Persons with Disabilities: Contact Peggy Buchmiller by May 24, 2016, TTY (800) 833-6384 or pbuchmiller@columbiabasin.edu.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The college made subsequent revisions to the proposed rules regarding campus parking and traffic regulations and is providing the public an opportunity to comment. Additionally, the proposed rules regarding financial obligations for students for outstanding debts is now proposed with revisions under the student rights, responsibilities and student status section, rather than under the rules under the vice-president for administrative services.
This supplemental notice extends the public comment time until close of business on May 24, 2016. The college is holding an additional public hearing on May 24, 2016, at 5:00 p.m. CBC will consider public comments.
Reasons Supporting Proposal: College internal processes.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed rules are available online at http://www.columbiabasin.edu/index.aspx?page=2105.
Name of Proponent: [CBC], public.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Camilla Glatt, CBC, Pasco Campus, 2600 North 20th Avenue, Pasco, WA 99301, (509) 542-5548.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules impose no costs or regulatory burden on small businesses as defined under RCW 19.85.040. The proposed rules are also exempt under RCW 19.85.025(3) and 34.05.310 (4)(g)(i). Revisions impact college-specific internal policies.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328 and does not apply to these college rules.
April 18, 2016
Camilla Glatt
Vice-President for
Human Resources
and Legal Affairs
Chapter 132S-90 WAC
STUDENT RIGHTS, RESPONSIBILITIES AND STUDENT STATUS NEW SECTION
WAC 132S-90-010 Student rights.
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.
NEW SECTION
WAC 132S-90-020 Student responsibilities.
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) Meet financial obligations to the college for outstanding tuition, fees, fines or other debts;
(13) Abide by the standards set forth in the student code of conduct.
NEW SECTION
WAC 132S-90-030 Admissions and registration procedures.
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.
NEW SECTION
WAC 132S-90-040 Deadlines and due dates.
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.
NEW SECTION
WAC 132S-90-050 Graduation submissions.
(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.
NEW SECTION
WAC 132S-90-060 Residency.
(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.
NEW SECTION
WAC 132S-90-070 Outstanding financial obligations, withholding of services and informal appeal.
(1) Outstanding financial obligations.
The college expects that students who receive services for which a financial obligation is incurred will exercise responsibility in meeting those obligations as stated in WAC 132S-90-020(12). Appropriate college staff are empowered to act in accordance with regularly adopted procedures to carry out the intent of this regulation, and if necessary to initiate legal action to ensure that collection matters are brought to a timely and satisfactory conclusion.
To the extent permitted by law, in response to a student or former student's failure to pay a debt owed to the college, the college may:
(a) Initiate collection action;
(b) Make collections from funds received from or on behalf of a student;
(c) Deny or withhold admission to or registration with the college, conferral of degrees or certificates, and/or issuance of academic transcripts;
(d) Refer the matter for discipline under chapter 132S-100 WAC;
(e) Deny any other provisions or other services, including refunds.
(2) Withholding services for outstanding debts. Upon receipt of a request for services where there is an outstanding debt owed to the college from the requesting person, the college shall notify the student by the most expedient means that the services will not be provided since there is an outstanding debt, and further that until that debt is satisfied, no such services will be provided to the student. The notice shall include a statement that he or she has a right to an informal appeal before the debt review committee if he or she believes that no debt is owed. The notice shall state that the request for the informal appeal must be made to the president's office within twenty-one days from the date of notification. The informal appeal request must be in writing and must clearly state error(s) in fact or matter(s) in extenuation or mitigation which justifies the informal appeal. The informal appeal process excludes parking citation appeals heard by the citation review committee (basis for parking citation) or those waived by untimely filing, but includes appeals before the debt review committee on whether the debt(s) for parking citation(s) are owed.
(3) Appeal of decision to withhold services for outstanding debt(s).
The request may be for an in-person presentation of the appeal before the debt review committee or include a submission of a written appeal for review by the debt review committee.
Upon receipt by the president's office of a timely request for an informal appeal, the president or designee will designate three staff members and/or student(s) to a committee for the purpose of hearing or reviewing the informal appeal, depending on the request. The debt review committee will render a decision in writing within five business days of the hearing or review. If the outstanding debt is found to be owed by the student involved, services shall not be provided until the debt is paid or otherwise resolved. If the outstanding debt, and any resulting action taken under WAC 132S-90-070, is found to be an institutional error, steps will be taken to lift the restriction on services.
If the decision made by the debt review committee is not satisfactory to the student, he or she may file a more formal appeal through the brief adjudicative process in chapter 132S-20 WAC.
Chapter 132S-300 WAC
CAMPUS PARKING AND TRAFFIC REGULATIONS PART I
TRAFFIC AND PARKING
NEW SECTION
WAC 132S-300-100 Introduction.
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.
NEW SECTION
WAC 132S-300-105 Definitions.
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 powered by a motor.
(8) "Visitors" shall mean any person or persons, excluding students as defined in WAC 132S-100-030, 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.
NEW SECTION
WAC 132S-300-110 Purposes of regulations.
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.
NEW SECTION
WAC 132S-300-115 Applicable rules and regulations.
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.
NEW SECTION
WAC 132S-300-120 Special traffic and parking regulations and restrictions authorized.
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.
NEW SECTION
WAC 132S-300-125 Exceptions from traffic and parking restrictions.
These rules and regulations shall not apply to city, county, or state-owned emergency vehicles.
NEW SECTION
WAC 132S-300-130 Regulatory signs and directions.
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.
NEW SECTION
WAC 132S-300-135 Speed limit.
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.
NEW SECTION
WAC 132S-300-140 Pedestrian's right of way.
(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.
NEW SECTION
WAC 132S-300-145 Report of accidents.
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.
NEW SECTION
WAC 132S-300-150 Liability of college.
The college assumes no liability under any circumstances for vehicles driven or parked on campus.
NEW SECTION
WAC 132S-300-155 Severability.
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
NEW SECTION
WAC 132S-300-200 Enforcement authority.
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.
NEW SECTION
WAC 132S-300-205 Enforcement.
(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
NEW SECTION
WAC 132S-300-300 Issuance of parking citations.
Citations and fines may be levied for parking violations that occur on Columbia Basin College (CBC) campuses. A schedule of fines shall be published on the college's web site located 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 citation setting forth the date, the approximate time, permit number, license information, infraction, officer, and fines as appropriate. Such warnings, summons or traffic citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.
NEW SECTION
WAC 132S-300-305 Authorization for issuance of parking permits.
The plant operations office or designee is authorized to issue annually parking permits to faculty, staff members, employees of private parties and students using college facilities pursuant to regulations and the payment of appropriate fees as determined by the college.
NEW SECTION
WAC 132S-300-310 Valid parking permits.
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.
NEW SECTION
WAC 132S-300-315 Display of parking permit.
(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.
NEW SECTION
WAC 132S-300-320 Transfer of parking permit.
Annually issued parking permits purchased by individuals stated in WAC 132S-300-305 are transferable.
NEW SECTION
WAC 132S-300-325 Parking permit revocation.
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.
NEW SECTION
WAC 132S-300-330 Parking permit revocation—Hearing provided.
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.
NEW SECTION
WAC 132S-300-335 Allocation of parking space.
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.
NEW SECTION
WAC 132S-300-340 Parking within designated spaces.
(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.
NEW SECTION
WAC 132S-300-345 Day parking.
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 10:00 p.m.
PART IV
FINES, PENALTIES AND APPEALS
NEW SECTION
WAC 132S-300-400 Fines and penalties.
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.
(1) Fines. A schedule of fines shall be published online at the college's web site located at www.columbiabasin.edu. An individual receiving a parking citation must pay fine(s) imposed in accordance with the schedule of fines. Visitors who have received citations for parking violations may return the citation to the campus security office with name, address, and a brief explanation. The campus safety and security supervisor may void the citation as a courtesy notice. Any individual may file an appeal for any parking citation under the appeals section of this subchapter and as described in further detail on the college's web site.
(2) Unpaid fines. If any parking citation remains unpaid eight days after issuance on the citation or after appeal of the citation, Columbia Basin College may take actions including, but not limited to:
(a) Initiate collection action;
(b) Make collections from funds received from or on behalf of a student;
(c) Deny or withhold admission to or registration with the college, conferral of degrees or certificates, and/or issuance of academic transcripts;
(d) Refer the matter for discipline under chapter 132S-100 WAC;
(e) Deny any other provisions or other services, including refunds.
(3) Student conduct referral. An accumulation of unpaid citations or traffic offenses by a student may be referred to the chief student conduct officer for initiation of disciplinary proceedings under chapter 132S-100 WAC as the chief student conduct officer deems appropriate. No disciplinary action for unpaid citations shall be taken until the student has completed the appeal process or waived his or her appeal rights.
(4) 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 or the campus safety and security supervisor. 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.
(5) 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 campus safety and security supervisor or designee who will:
(a) First level appeal. After review of the appeal the campus safety and security supervisor or designee may uphold, reduce or waive the fine(s) associated with the citation. Any fine(s) still levied against the appellant must be paid in accordance with the schedule of fines unless appellant wishes to pursue a second-level appeal. If the citation remains unpaid thereafter, the college may take actions stated above and/or in chapter 132S-100 WAC. The campus safety and security supervisor will advise the appealing party in writing as soon as practicable of his or her decision, along with second-level appeal rights and location of the appeal form.
(b) Second-level appeal. If the appealing party is dissatisfied with the campus safety and security supervisor's decision, the appealing party may submit the same appeal to the citation review committee within five days of receipt of the campus safety and security supervisor's decision. Failure to appeal in writing within the five-day period constitutes a waiver of right of appeal. The written appeal form completed by the appealing party must either request an appearance before the citation review committee or include a written appeal for the citation review committee to consider. Upon receipt of a request to appear before the committee, the appealing party will be notified in writing of the next scheduled committee meeting at which the appealing party can present his or her appeal. The citation review committee will review the second-level appeal and advise the appealing party as soon as practicable of the committee's decision. The citation review committee hears appeals of citations issued pursuant to the regulations of this chapter and using the following criteria:
(i) Did an institutional error occur?
(ii) Were there extenuating circumstances that caused the error to occur?
(iii) Did the appealing party make a good faith effort to comply with the parking rules?
The campus security department is permitted to provide responsive information for the appeal and/or to provide rebuttal during the appealing party's presentation to the committee. The decision of the citation review committee will be final.
(6) Composition of citation review committee. The college president shall appoint no less than eight members to the citation review committee. The committee will be composed of at least one faculty member, one exempt staff, one classified staff and one student with the remaining from the same group type in equal numbers. Each timely filed appeal will be reviewed by a minimum of three available members of the committee and in odd numbers thereafter to avoid a tie for decision making purposes. This composition of the committee will be expected whether the appeal is for the appealing party's presentation or review of the appealing party's written appeal.
(7) Applicability. These appeal procedures will be applicable to all students, faculty and staff or other persons utilizing college facilities who receive fines for violations of these rules and regulations.
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