[Filed July 8, 2020, 2:53 p.m., effective August 8, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Adoption of general code of conduct for Cascadia College applicable to students, faculty/staff, visitors, and the general public regarding alcohol, drug and tobacco use on campus, offenses against persons or property, disruptive conduct, animals on campus, and weapons, including enforcement procedures, trespass notices, and appeals. Overlapping existing rules are repealed.
Citation of Rules Affected by this Order: New WAC 132Z-110-010, 132Z-110-020, 132Z-110-030, 132Z-110-040 and 132Z-110-050; repealing WAC 132Z-140-060, 132Z-140-070, and 132Z-140-080.
Statutory Authority for Adoption: RCW 28B.50.140
; and Administrative Procedure Act, chapter 34.05
Adopted under notice filed as WSR 20-09-106 on June 17, 2020 [April 16, 2020].
Changes Other than Editing from Proposed to Adopted Version: Proposed WAC 132Z-110-090 [132Z-110-030] Animals on campus, was edited in response to public comments to clarify that animals are prohibited only in college buildings, not on college grounds, and to clarify the exception for service animals.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 5, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 17, 2020.
M. Lily Allen
Executive Assistant to President
Chapter 132Z-110 WAC
CASCADIA COLLEGE GENERAL CONDUCT CODE
WAC 132Z-110-010Scope and application—Definitions.
(1) Scope and application. This chapter constitutes the general conduct code of Cascadia College applicable to college students, faculty, staff, and visitors. Except as otherwise indicated, the conduct set forth in this chapter is prohibited anywhere on campus grounds or in college facilities.
(2) Definitions. Unless otherwise indicated, the terms "campus," "college," and "college facilities" for purposes of this chapter shall have the same meanings as those terms defined in WAC 132Z-140-010. The term "college grounds" for purposes of this chapter shall mean any parts of the campus subject to college control.
WAC 132Z-110-020Prohibited conduct.
Prohibited conduct includes engaging in, attempting to engage in, or encouraging or assisting another person to engage in, any of the conduct set forth in this section. As applicable, the term "conduct" includes acts performed by electronic means. The term "includes" or "including" as used in this section means "without limitation."
(1) Alcohol, drug, and tobacco violations.
(a) Alcohol. An "alcohol violation" includes using, possessing, delivering, selling, or being under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.
(b) Marijuana. A "marijuana violation" includes using, possessing, delivering, selling, or being under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits the possession or use of marijuana on college premises or in connection with college activities.
A "drug violation" includes using, possessing, delivering, selling, or being under the influence of any legend drug or other controlled substance under chapter 69.50
RCW, except as prescribed by a licensed practitioner. The abuse, misuse, or unlawful sale or distribution of prescription or over-the-counter medications may also constitute a drug violation.
(d) Tobacco. A "tobacco violation" means smoking or using tobacco products, electronic smoking devices (including e-cigarettes or vape pens), or other smoking devices in any area of college premises where smoking or tobacco use is prohibited by law or college policy.
(2) Personal offenses. The term "personal offense" is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, harassment, bullying, stalking, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person's rights.
(3) Property violations. The term "property violation" includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.
(4) Disruptive or obstructive conduct. The term "disruptive or obstructive conduct" means conduct, not protected by law, that interferes with, impedes, or otherwise unreasonably hinders the normal teaching, learning, research, administrative, or other functions, procedures, services, programs, or activities of the college. The term includes disorderly conduct, breach of the peace, violation of local or college noise policies, lewd or obscene conduct, and obstruction of pedestrian or vehicular traffic.
(5) Failure to comply. The term "failure to comply" means refusing to obey the lawful directive of authorized college officials, including a failure to identify oneself upon request, refusing to comply with a disciplinary sanction, or violating any no-contact or other protective order issued by or on behalf of the college.
(6) Other unlawful activity. Persons subject to this chapter must also comply with any other applicable college policies and with any applicable federal, state, or local laws, regulations, or ordinances.
WAC 132Z-110-030Animals on campus.
Animals are not permitted in college facilities, except for service animals assisting individuals with disabilities and animals used for authorized college purposes. Animals are permitted on college grounds if licensed, leashed, and under the owner's direct control. Animal owners or handlers must clean up after their animals, must ensure their animals are not disruptive, and must comply with any applicable posted regulations.
Cascadia College prohibits the possession, display, or use of any firearm, explosive, dangerous chemical, or other weapon anywhere on college grounds or in college facilities, except for authorized college purposes, unless prior written approval has been obtained from the college president or president's designee in consultation with the director of campus safety. This prohibition does not apply to authorized law enforcement officers or to the lawful possession of any personal protection spray device authorized under RCW 9.91.160
(1) Violations by students or employees. College students or employees violating these rules, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation and, if the violation persists, may be asked to leave the campus, or designated areas of the campus, and may be reported to the appropriate college authorities for potential corrective or disciplinary action in accordance with applicable college policies.
(2) Violations by noncollege persons.
Persons other than college students or employees violating these rules, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation and, if the violation persists, may be directed by campus security to leave the campus or designated areas of the campus. Such direction will be in the form of a written notice of trespass withdrawing the license or privilege of such persons to enter onto or remain on college property and subjecting such persons to arrest for criminal trespass under chapter 9A.52
RCW or applicable municipal ordinance.
(3) Appeal of trespass notice. When the college under subsection (2) of this section revokes the license or privilege of any person to be on college property, whether temporarily or for a stated period of time, such person may request review of the decision by the college president or designee. The request must be made in writing within ten calendar days of receiving the trespass notice and must explain why the person disagrees with the trespass decision. The trespass notice will remain in effect pending administrative review. The administrative decision should be issued within five business days and will constitute the final decision of the college.
The following sections of the Washington Administrative Code are repealed: