WSR 25-07-107
PERMANENT RULES
BELLEVUE COLLEGE
[Filed March 19, 2025, 10:01 a.m., effective April 19, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Bellevue College changed its name; the reporting officer title changed; and the focus of WAC is ineligibility, so we are changing the title Student athletic participation [to Grounds for athletic] ineligibility—Legend drugs—Prescription drugs.
Citation of Rules Affected by this Order: New WAC 132H-400-007; and amending WAC 132H-400-005, 132H-400-010, 132H-400-020, 132H-400-030, and 132H-400-040.
Statutory Authority for Adoption: RCW 28B.50.140; chapter 34.05 RCW.
Adopted under notice filed as WSR 25-01-037 on December 9, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 5, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 5, Repealed 0.
Date Adopted: March 19, 2025.
Loreen M. Keller
Associate Director
Policy and Government Relations
OTS-5946.2
Chapter 132H-400 WAC
((STUDENT ATHLETIC PARTICIPATION))GROUNDS FOR ATHLETIC INELIGIBILITY—LEGEND DRUGS—PRESCRIPTION DRUGS
AMENDATORY SECTION(Amending WSR 90-09-067, filed 4/18/90, effective 5/19/90)
WAC 132H-400-005Title.
Chapter 132H-400 WAC will be known as ((student athletic participation))Grounds for athletic ineligibility—Legend drugs—Prescription drugs.
NEW SECTION
WAC 132H-400-007Definitions.
"Legend drugs" means any drugs which are required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or are restricted to use by practitioners only.
AMENDATORY SECTION(Amending WSR 90-09-067, filed 4/18/90, effective 5/19/90)
WAC 132H-400-010Grounds for ineligibility.
Any student found by Bellevue ((Community)) College to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use or sale of legend drugs, including anabolic steroids, will be disqualified from participation in any school-sponsored athletic event or activity.
AMENDATORY SECTION(Amending WSR 90-09-067, filed 4/18/90, effective 5/19/90)
WAC 132H-400-020Suspension procedure—Right to informal hearing.
Any student notified of a claimed violation of WAC 132H-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the ((dean of students))vice president of student affairs or designee within three days of receipt of a declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.
AMENDATORY SECTION(Amending WSR 90-09-067, filed 4/18/90, effective 5/19/90)
WAC 132H-400-030Hearing.
If a timely written request for a hearing is made, the ((dean of students))vice president of student affairs or designee shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482-494.
AMENDATORY SECTION(Amending WSR 90-09-067, filed 4/18/90, effective 5/19/90)
WAC 132H-400-040Decision.
The college official who acts as hearing officer shall issue a written decision which shall include a brief statement of the reasons for the decision and a notice that judicial review may be available. All documents presented, considered, or prepared by the hearing officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the brief adjudicative hearing and in no event later than ((twenty))20 days after the request for hearing is received by the ((dean of students))vice president of student affairs.