WSR 21-17-112

EXPEDITED RULES

HIGHLINE COLLEGE

[Filed August 16, 2021, 3:23 p.m.]

Title of Rule and Other Identifying Information: Grievance procedures—Title IX—Handicapped, chapter 132I-300 WAC; WAC 132I-300-010 and 132I-300-020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal the above mentioned chapter. On May 19, 2020, the Federal Register printed amendments to Title IX regulations (85 F.R. 30575). The new regulations address the grievance process for formal complaints of sexual harassment and became effective on August 14, 2020. In order for the college's Title IX policy and procedures to be compliant with federal regulations, we request the permanent repeal of WAC that addresses Title IX. The language in WAC no longer aligns with the new regulations.

Reasons Supporting Proposal: Highline College has adopted/updated Title IX policy and procedures locally. This change will allow the college to respond quickly to revisions to federal policy. Also, as the attorney general's office adapts their model rules, we will update local policy and procedures to follow the attorney general's guidance.

Statutory Authority for Adoption: Chapter 34.05 RCW; and 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.

Statute Being Implemented: Not applicable.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [No information supplied], public.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Summer Korst, 23835 Pacific Highway South, Kent, WA 206-592-3374.

This notice meets the following criteria to use the expedited repeal process for these rules:

Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The college has gone through the formal and required formal rule-making process. When our CR-103 was filed with the OTS document, the two did not align. While our CR-103 form requested a repeal, the OTS document provided changes to the policy and procedure that were adopted locally. This administrative error led to chapter 132I-300 WAC being updated, rather than repealed. Our intent is to request a repeal.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Summer Korst, Highline College, 23835 Pacific Highway South, Kent, WA 98198, phone 206-592-3374, fax 206-870-3773, email skorst@highline.edu, AND RECEIVED BY October 29, 2021.

August 11, 2021

Summer Korst

Executive Director

of Human Resources

OTS-3246.1

The following chapter of the Washington Administrative Code is repealed: