Passed by the Senate March 8, 2012 YEAS 47   BRAD OWEN ________________________________________ President of the Senate Passed by the House February 29, 2012 YEAS 67   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6383 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 29, 2012, 3:44 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 29, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to the Washington interscholastic activities association; amending RCW 28A.600.200 and 28A.600.205; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the mission of
the Washington interscholastic activities association is to assist
member schools in operating student programs that foster achievement,
respect, equity, enthusiasm, and excellence in a safe and organized
environment. The legislature intends to ensure that this mission is
successfully carried out so that arbitrary sanctions that result in
students unfairly being denied to participate or cause students'
achievements to be diminished do not occur. It is the intent of the
legislature to impact the association's current processes for
establishing penalties for rules violations and to redefine the scope
of penalties that are permitted to be imposed. It is further the
intent of the legislature to build protections into state law so that
punishment, when necessary, is meted out to the appropriate party and
in a proportional manner. The legislature further intends to ensure
that
state and local rules relating to interschool extracurricular
activities be consistent with one another, promote fairness, and allow
for a clear process of appeal.
Sec. 2 RCW 28A.600.200 and 2006 c 263 s 904 are each amended to
read as follows:
Each school district board of directors is hereby granted and shall
exercise the authority to control, supervise and regulate the conduct
of interschool athletic activities and other interschool
extracurricular activities of an athletic, cultural, social or
recreational nature for students of the district. A board of directors
may delegate control, supervision and regulation of any such activity
to the Washington interscholastic activities association or any other
voluntary nonprofit entity and compensate such entity for services
provided, subject to the following conditions:
(1) The voluntary nonprofit entity shall not discriminate in
connection with employment or membership upon its governing board, or
otherwise in connection with any function it performs, on the basis of
race, creed, national origin, sex or marital status;
(2)(a) Any rules and policies adopted and applied by the voluntary
nonprofit entity ((which)) that governs student participation in any
interschool activity shall be written; and
(((3))) (b) Such rules and policies shall provide for notice of the
reasons and a fair opportunity to contest such reasons prior to a final
determination to reject a student's request to participate in or to
continue in an interschool activity.
(3)(a) The association or other voluntary nonprofit entity is
authorized to impose penalties for rules violations upon coaches,
school district administrators, school administrators, and students, as
appropriate, to punish the offending party or parties;
(b) No penalty may be imposed on a student or students unless the
student or students knowingly violated the rules or unless a student
gained a significant competitive advantage or materially disadvantaged
another student through a rule violation;
(c) Any penalty that is imposed for rules violations must be
proportional to the offense;
(d) Any ((such)) decision resulting in a penalty shall be
considered a decision of the school district conducting the activity in
which the student seeks to participate or was participating and may be
appealed pursuant to RCW 28A.600.205 and 28A.645.010 through
28A.645.030.
(4) The school districts, Washington interscholastic activities
association districts, and leagues that participate in the interschool
extracurricular activities shall not impose more severe penalties for
rule violations than can be imposed by the rules of the association or
the voluntary nonprofit entity.
(5) As used in this section and RCW 28A.600.205, "knowingly" means
having actual knowledge of or acting with deliberate ignorance or
reckless disregard for the prohibition involved.
Sec. 3 RCW 28A.600.205 and 2006 c 263 s 905 are each amended to
read as follows:
((By July 1, 2006,)) (1)(a) The Washington interscholastic
activities association shall establish a nine-person appeals committee
to address appeals of noneligibility issues. The committee shall be
comprised of the secretary from each of the activity districts of the
Washington interscholastic activities association. The committee shall
begin hearing appeals by July 1, 2006. No committee member may
participate in the appeal process if the member was involved in the
activity that was the basis of the appeal.
(b) Any penalty or sanction that is imposed or upheld by the
appeals committee must be proportional to the offense and must be
imposed upon only the offending individual or individuals, including
coaches, school district administrators, school administrators, and
students. However, only the Washington interscholastic activities
association executive board has the authority to remove a team from
postseason competition. Should a school violate a Washington
interscholastic activities association rule, that violation does not
automatically remove that school's team from postseason competition.
Penalties levied against coaches and school programs must be considered
before removing a team from postseason competition. Removal of a team
from postseason competition must be the last option.
(2)(a) A decision of the appeals committee may be appealed to the
executive board of the association. If a matter is appealed to the
executive board, then the board shall conduct a de novo review of the
matter before making a decision.
(b) Any penalty or sanction that is imposed or upheld by the
executive board must be proportional to the offense and must be imposed
upon only the offending individual or individuals including coaches,
school district administrators, school administrators, or students.
However, only the Washington interscholastic activities association
executive board has the authority to remove a team from postseason
competition. Should a school violate a Washington interscholastic
activities association rule, that violation does not automatically
remove that school's team from postseason competition. Penalties
levied against coaches and school programs must be considered before
removing a team from postseason competition. Removal of a team from
postseason competition must be the last option.
(c) If a rule violation is reported to the association within ten
days of the relevant postseason play, then the only review shall be
conducted by the executive board of the Washington interscholastic
activities association so that a decision can be rendered in a timely
manner. The executive board must take all possible actions to render
a decision before the postseason play takes place.
NEW SECTION. Sec. 4 This act may be known and cited as the
Knight act.