WSR 22-06-073
PERMANENT RULES
COLUMBIA BASIN COLLEGE
[Filed February 28, 2022, 3:29 p.m., effective March 31, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending chapter 132S-110 WAC. Columbia Basin College filed an emergency rule to update sections of chapter 132S-110 WAC, Title IX hearing procedure for students. Columbia Basin College is required by the United States Department of Education to comply with Title IX regulations.
Citation of Rules Affected by this Order: Amending WAC 132S-110-010 and 132S-110-070.
Other Authority: 34 C.F.R. § 106.45 (b)(6)(i).
Adopted under notice filed as WSR 21-20-025 on September 24, 2021.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 28, 2022.
Camilla Glatt
Vice President for Human Resources
and Legal Affairs
OTS-3296.1
AMENDATORY SECTION(Amending WSR 20-23-031, filed 11/10/20, effective 12/11/20)
WAC 132S-110-010Order of precedence.
This procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to the college's Title IX grievance policy and regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these hearing procedures conflict with Columbia Basin College's standard disciplinary procedures, WAC 132S-100-010 through 132S-100-500 these procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the hearing panel and hearing panel chair.
AMENDATORY SECTION(Amending WSR 20-23-031, filed 11/10/20, effective 12/11/20)
WAC 132S-110-070Evidence.
The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:
(1) Relevance: The hearing panel chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.
(2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.
(3) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:
(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or
(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.
(4) ((Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the hearing panel must not rely on any statement by that party or witness in reaching a determination of responsibility.
(5))) No negative inference: The hearing panel may not make an inference regarding responsibility solely on a witness's or party's absence from the hearing or refusal to answer questions.
(((6)))(5) Privileged evidence: The hearing panel shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:
(a) Spousal/domestic partner privilege;
(b) Attorney-client and attorney work product privileges;
(c) Privileges applicable to members of the clergy and priests;
(d) Privileges applicable to medical providers, mental health therapists, and counselors;
(e) Privileges applicable to sexual assault and domestic violence advocates; and
(f) Other legal privileges identified in RCW
5.60.060.