WSR 17-12-031

PREPROPOSAL STATEMENT OF INQUIRY

[Filed May 31, 2017, 10:51 a.m.]

Subject of Possible Rule Making: WAC 132E-120-110: Former title: Everett Community College student rights and responsibilities; New title: Authority.

WAC 132E-120-120: Former title: Academic affairs; New title: Statement of jurisdiction.

WAC 132E-120-130: Former title: Students as research subjects; New title: Preamble.

WAC 132E-120-140: Former title: Right to due process; New title: Civility statement.

WAC 132E-120-150: Former title: Student affairs; New title: Nondiscrimination statement.

WAC 132E-120-160: Former title: Disclosure of student information; New title: Definitions.

WAC 132E-120-170: Former title: College distribution of literature procedures; New title: Statement of student rights.

WAC 132E-120-180: Former title: Student conduct code—Statement of purpose; New title: Academic affairs.

WAC 132E-120-181: Academic grievance procedures.

WAC 132E-120-190: Former title: General policies concerning student conduct; New title: Students as research subjects.

WAC 132E-120-200: Former title: Authority to request identification; New title: Student affairs.

WAC 132E-120-201: Student affairs grievance procedures.

WAC 132E-120-210: Former title: Student conduct—Authority and responsibility; New title: Disclosure of student information.

WAC 132E-120-220: Former title: Violations; New title: College distribution of literature procedures.

WAC 132E-120-230: Former title: Sanctions for violations; New title: Authority to request identification.

WAC 132E-120-240: Former title: Initial disciplinary procedures; New title: Prohibited student conduct.

WAC 132E-120-250: Former title: Summary suspension—Purpose and procedures; New title: Reporting—Sexual misconduct and discrimination.

WAC 132E-120-260: Former title: Notice of summary suspension; New title: Confidentiality and right to privacy.

WAC 132E-120-270: Former title: Summary suspension for failure to appear; New title: Retaliation is prohibited.

WAC 132E-120-280: Former title: Appeals from summary suspension hearing; New title: Disciplinary sanctions.

WAC 132E-120-290: Former title: Student conduct committee; New title: Terms and conditions.

WAC 132E-120-300: Former title: Appeals of disciplinary action—General; New title: Loss of eligibility—Student athletic participation.

WAC 132E-120-310: Former title: Student conduct committee hearing process; New title: Standard of burden of proof.

WAC 132E-120-320: Former title: Evidence admissible in hearings; New title: Initiation of disciplinary action—Non-Title IX.

WAC 132E-120-321: Initiation of Title IX proceedings.

WAC 132E-120-330: Former title: Decision by student conduct committee; New title: Interim measures.

WAC 132E-120-340: Former title: Final appeal; New title: Appeals—All cases.

WAC 132E-120-350: Former title: Readmission after dismissal; New title: Participation of advisors and attorneys.

WAC 132E-120-360: Former title: Academic grievance procedure; New title: Brief adjudicative proceedings—Initial hearing.

WAC 132E-120-361: Brief adjudicative proceedings—Review of initial decision.

WAC 132E-120-370: Former title: Student affairs grievance procedure; New title: Full adjudicative proceedings—Student conduct committee.

WAC 132E-120-371: Full adjudicative process—Prehearing procedure.

WAC 132E-120-372: Full adjudicative process—Hearing procedure.

WAC 132E-120-373: Full adjudicative process—Decision.

WAC 132E-120-374: Full adjudicative proceedings—Student conduct committee appeal.

WAC 132E-120-380: Former title: Equal opportunity—Title IX; New title: Summary suspension—Purpose and proceeding.

WAC 132E-120-381: Summary suspension—Notice.

WAC 132E-120-382: Summary suspension—For failure to appear.

WAC 132E-120-383: Summary suspension—Appeal.

WAC 132E-120-385: Former title: Equal opportunity—Title IX procedure.

WAC 132E-120-390: Former title: Hazing policy; New title: Readmission after dismissal.

WAC 132E-120-400: Former title: Drug-free campus policy.

WAC 132E-120-410: Former title: Tobacco use policy.

WAC 132E-120-411: Tobacco use policy.

Chapter 132E-400 WAC: Loss of eligibility—Student athletic participation.

WAC 132E-400-010: Grounds for ineligibility.

WAC 132E-400-020: Suspension procedure—Right to informal hearing.

WAC 132E-400-030: Hearing.

WAC 132E-400-040: Decision.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 132E-120-110, clarifies the college's authority regarding the rights and responsibilities of students.

WAC 132E-120-120, the academic affairs section is unchanged but moved to WAC 132E-120-180. The new section clarifies the jurisdiction of the conduct code.

WAC 132E-120-130, the former section remains unchanged but is moved to WAC 132E-120-190. The new section adds a preamble to the conduct code identifying the college's purpose and governance.

WAC 132E-120-140, the student due process section has been adjusted as cited below. The new section adds a current campus wide policy to the conduct code.

WAC 132E-120-150, the student affairs section remains unchanged but is moved to WAC 132E-120-200. The nondiscrimination statement moves this section of the conduct code forward and has been updated in accordance with changes in federal guidance documents.

WAC 132E-120-160, the former policy section remains but has been moved to WAC 132E-120-210. The new section provides definitions of terms used throughout the policy for the purpose of clarity.

WAC 132E-120-170, the former policy section remains but has been moved to WAC 132E-120-220. The new section identifies the rights of students under the conduct code.

WAC 132E-120-180, the statement of purpose section has been removed as the key components are now included in the above listed sections and offer more clarity. The new section is a new section number only, the policy language has not changed.

WAC 132E-120-181, this is a new policy section number, however, the policy title and language has not changed.

WAC 132E-120-190, the general policies concerning student conduct section has been updated in the below listed sections. The updates ensure the college's compliance with new state law requirements. The new section is a new section number only, the policy language has not changed.

WAC 132E-120-200, the former policy section remains but has been moved to WAC 132E-120-230. The new section is a new section number only, the policy language has not changed.

WAC 132E-120-201, this is a new policy section number, however, the policy title and language has not changed.

WAC 132E-120-210, the former section has been clarified and broken into multiple sections (i.e., authority, jurisdiction, etc.). The new section is a new section number only, the policy language has not changed.

WAC 132E-120-220, a new violations section has been written as an update, retitled as "prohibited student conduct" and moved to WAC 132E-120-240. The new section is a new section number only, the policy language has not changed.

WAC 132E-120-230, a new sanctions section has been written as an update, retitled as "disciplinary sanctions" and moved to WAC 132E-120-280. The new section is a new section number only, the policy language has not changed.

WAC 132E-120-240, a new disciplinary procedures section, WAC 132E-120-310, has been written to comply with new state law (see below). Prohibited student conduct was given a new section name and updated as indicated above.

WAC 132E-120-250, the former policy section remains but has been given a new section number, WAC 132E-120-370. The new section clarifies how misconduct can be reported and requirements or reporting.

WAC 132E-120-260, the former policy section remains but has been given a new title, "Summary suspension—Notice," and section number, WAC 132E-120-371. The new policy section informs students of the confidentiality provided to them and their right to privacy.

WAC 132E-120-270, the former policy section remains but has been given a new title, "Summary suspension—Failure to appear," and section number, WAC 132E-120-372. The new policy section updates retaliation as prohibited conduct, providing more clarity.

WAC 132E-120-280, the former policy section remains but has been given a new title, "Summary suspension—Appeal," and section number, WAC 132E-120-362. The new policy section updates policy language in accordance with legal advice.

WAC 132E-120-290, the former policy section has been moved to WAC 132E-120-360 and updated as noted below. The new policy section adds restitution, professional evaluation, and no contact/tress pass [trespass] order in compliance with Title IX guidance.

WAC 132E-120-300, the former policy section has been updated and moved to a new title, "Appeals—All cases," and section number, WAC 132E-120-330 as noted below. The new title is a section change only, no policy language has been changed.

WAC 132E-120-310, the former policy section has been updated and moved to WAC 132E-120-361 as noted below. The new policy section clarifies the burden of proof for all conduct cases; the burden of proof itself has not been changed.

WAC 132E-120-320, policy language regarding evidence admissible in hearings has been incorporated in the brief adjudication process sections in accordance with recently updated state law. The new title and policy language provides clarification on the brief adjudicative proceedings and ensures compliance with recently updated state law.

WAC 132E-120-321, the new section provides clarity on the proceedings for Title IX cases and how these proceedings differ from non-Title IX matters.

WAC 132E-120-330, the former policy information has been updated as noted below and moved to WAC 132E-120-353. The new section identifies interim measures as they pertain to matters involving sexual misconduct in compliance with Title IX regulations.

WAC 132E-120-340, the former policy information has been updated to provide clarity and the policy language has been adjusted to comply with recently updated state law. The policy section has also moved to WAC 132E-120-330. This policy section title has been updated to provide clarity and the policy language has been adjusted to comply with recently updated state law.

WAC 132E-120-350, the former policy section remains but has been moved to new WAC 132E-120-390. The new policy section is new language providing information and clarity regarding student's right to an advocate and/or attorney and their participation throughout the conduct proceedings in this conduct code.

WAC 132E-120-360, the former section remains but has been moved to new WAC 132E-120-181. The new section has been updated to provide clarity on brief adjudicative proceedings and to ensure compliance with recently updated state law.

WAC 132E-120-361, this is a new policy section developed to ensure compliance with recently updated state law.

WAC 132E-120-370, the former section remains but has been moved to new WAC 132E-120-201. The new policy section updates the current student conduct committee proceedings to ensure compliance with recently updated state law.

WAC 132E-120-371, this is a new policy section added to provide clarity in process and to ensure compliance with recently updated state law.

WAC 132E-120-372, this is a new policy section added to provide clarity in process and to ensure compliance with recently updated state law.

WAC 132E-120-373, this is a new policy section added [to] clarify the former policy section titled decision by student conduct committee and to ensure compliance with recently updated state law.

WAC 132E-120-374, this is a new policy section added [to] clarify the former policy section titled decision by student conduct committee and to ensure compliance with recently updated state law.

WAC 132E-120-380, the former section has been updated to ensure compliance with updated federal guidance and recently changed state law. The policy language has been embedded within multiple above-listed sections. The new title is a new policy section number only, the policy language remains the same.

WAC 132E-120-381, this is a new policy section number, however, the policy title and language has not changed.

WAC 132E-120-382, this is a new policy section number, however, the policy title and language has not changed.

WAC 132E-120-383, this is a new policy section number, however, the policy title and language has not changed.

WAC 132E-120-385, this section number has been omitted. The former policy language has been updated to ensure compliance with updated federal guidance and recently changed state law. The policy language has been embedded within multiple above-listed sections.

WAC 132E-120-390, this section number has been omitted. The former policy language has been embedded into the prohibited student conduct, WAC 132E-120-240. The new title is a section change only, no policy language has been changed.

WAC 132E-120-400, this section number has been omitted. The former policy language has been embedded into the prohibited student conduct, WAC 132E-120-240.

WAC 132E-120-410, this section number has been omitted. The former policy language has been embedded into the prohibited student conduct, WAC 132E-120-240.

WAC 132E-120-411, this section number has been omitted. The former policy language has been embedded into the prohibited student conduct, WAC 132E-120-240.

Chapter 132E-400 WAC, this chapter has been removed. The proceedings for student athlete loss of eligibility are in WAC 132E-120-300 and follow the brief and/or full adjudicative process in accordance with recently updated state law.

WAC 132E-400-010, this section has been removed and the policy section and language has been moved to a new WAC 132E-120-300.

WAC 132E-400-020, this section has been omitted. Student athletes who may lose their athletic eligibility will go through the brief and/or full adjudicative process in accordance with recently updated state law.

WAC 132E-400-030, this section has been omitted. Student athletes who may lose their athletic eligibility will go through the brief and/or full adjudicative process in accordance with recently updated state law.

WAC 132E-400-040, this section has been omitted. Student athletes who may lose their athletic eligibility will go through the brief and/or full adjudicative process in accordance with recently updated state law.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jennifer Howard, Vice President of Administrative Services, Everett Community College, 2000 Tower Street, Everett, WA 98201, email jhoward@everettcc.edu, fax (425) 388-9228 or phone (425) 388-9232. Board of trustee meetings, in which public comment is received, occur each third Tuesday of the month, 5 p.m. at the Olympus Hall Board Room, 801 Wetmore Avenue, Everett, WA 98201.

May 31, 2017

Jennifer L. Howard

Vice President of

Administrative Services