WSR 20-19-007
[Filed September 3, 2020, 12:12 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-16-026; proposal is exempt under RCW 34.05.310(4) or 34.05.330(1); andproposal is exempt under RCW 19.85.061.
Title of Rule and Other Identifying Information: On May 19, 2020, the Federal Register printed amendments to Title IX regulations (85 F.R. 30026-30579; 34 C.F.R. 106). The new regulations address the grievance process for allegations of sexual harassment. An Emergency Rule was filed on August 14, 2020, repealing chapter 495B-305 WAC.
Hearing Location(s): On October 27, 2020, at 11:00 a.m., at Bellingham Technical College (BTC), College Services, Room 215, 3028 Lindbergh Avenue, Bellingham, WA 98225.
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Date of Intended Adoption: November 19, 2020.
Submit Written Comments to: Ronda Laughlin, 3028 Lindbergh Avenue, Bellingham, WA 98225, email, fax 360-752-7134, by October 31, 2020.
Assistance for Persons with Disabilities: Contact Mary Gerard, phone 360-752-8576, fax 360-752-7376, email, by October 16, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: All public educational institutions receiving federal funding must comply with the United States Department of Education's recently adopted Title IX regulations, which took effect on August 14, 2020. Chapter 495B-305 WAC relates to the grievance procedure when there is an allegation of discrimination or harassment. In its current form it conflicts with the new Title IX regulations, and is not required to be in the WAC. BTC proposes repealing the entire section, and has made its grievance procedure an internal policy/procedure, updated to comply with the new Title IX regulations.
Reasons Supporting Proposal: The grievance procedure outlined in chapter 395B-305 WAC is not required to be in the WAC. In order to comply with the new Title IX regulations, it must be updated. BTC has developed an internal grievance procedure/policy that complies with the new Title IX regulations.
Statutory Authority for Adoption: Chapter 34.05 RCW; RCW 28B.50.140(13); 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; RCW 28B.50.130.
Statute Being Implemented: 85 F.R. 30026-30579; 34 C.F.R. 106.
Rule is necessary because of federal law, [no information supplied by agency.]
Name of Proponent: BTC, public and governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Michele Waltz, CS 201, 360-752-8440.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. There are no costs imposed with the amendments to these rules.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: [No information supplied by agency.]
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions, if necessary: Chapter 495B-305 WAC is repealed in response to legislative directive 85 F.R. 30026-30579; 34 C.F.R. 106.
September 3, 2020
Ronda Laughlin
Executive Assistant
to the President
The following chapter of the Washington Administrative Code is repealed:
WAC 495B-305-010
WAC 495B-305-020
WAC 495B-305-030
Who may file a complaint.
WAC 495B-305-040
Confidentiality and right to privacy.
WAC 495B-305-050
Investigation procedure.
WAC 495B-305-060
Publication of antidiscrimination policies and procedures.
WAC 495B-305-070
Limits to authority.
WAC 495B-305-080
Nonretaliation, intimidation, and coercion.
WAC 495B-305-090
Criminal complaints.
WAC 495B-305-100
Other discrimination complaint options.