PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 20, 2025, 10:40 a.m.]

Subject of Possible Rule Making: Chapter 132Q-10 WAC, Student conduct code and procedures.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On January 9, 2025, a federal court decision in Tennessee v. Cardona, No. 2:24-00072 (Jan. 9, 2025), vacated the 2024 Title IX final rule, the provisions of which the agency had previously adopted into its student conduct code. The United States Department of Education (USDOE) indicated in a "Dear Colleague" letter dated February 4, 2025, that in light of the court's decision, it will enforce Title IX under the provisions of the 2020 Title IX Rule, effective immediately. As such, institutions of higher education are required to adopt student disciplinary procedures compliant with the former rule.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDOE.

Process for Developing New Rule: Agency study; and review USDOE procedures.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Patrick McEachern, 3410 West Whistalks Way, Spokane, WA 99224-5204, phone 509-533-3514, TTY 1-800-833-6384, email Patrick.McEachern@sfcc.spokane.edu, website https://scc.spokane.edu/About-Us/Public-Disclosures#RuleMaking; or Patrick Tanner, 1810 North Greene Street, Spokane, WA 99217-5320, phone 509-533-7015, TTY 1-800-833-6384, email Patrick.Tanner@scc.spokane.edu, website https://sfcc.spokane.edu/About-Us/Public-Disclosures#RuleMaking.