Date of Adoption: June 20, 2000.

Purpose: To clarify rules on student conduct, health and safety and traffic regulations as well as processes and procedures for summary suspension and formal discipline regarding students.

Citation of Existing Rules Affected by this Order: Repealing WAC 132Q-04-035, 132Q-04-040, 132Q-04-050, 132Q-04-060, 132Q-04-061, 132Q-04-067, 132Q-04-068, 132Q-04-070, 132Q-04-075, 132Q-04-080, 132Q-04-081, 132Q-04-082, 132Q-04-083, 132Q-04-085, 132Q-04-090, 132Q-04-094, 132Q-04-095 and 132Q-04-096; and amending WAC 132Q-04-010, 132Q-04-020, 132Q-04-076, 132Q-04-100, 132Q-04-110, 132Q-04-120, 132Q-04-130, 132Q-04-140, 132Q-04-150, 132Q-04-170, 132Q-04-180, 132Q-04-190, 132Q-04-200, 132Q-04-210, 132Q-04-240, 132Q-04-250, 132Q-04-260, 132Q-04-280, 132Q-05-010, 132Q-05-020, 132Q-05-033, 132Q-05-036, 132Q-05-040, 132Q-05-050, 132Q-05-060, 132Q-05-070, 132Q-05-080, 132Q-05-090, 132Q-05-100, 132Q-20-010, 132Q-20-020, 132Q-20-040, 132Q-20-060, 132Q-20-080, 132Q-20-090, 132Q-20-110, 132Q-20-130, 132Q-20-150, 132Q-20-160, 132Q-20-170, 132Q-20-180, 132Q-20-200, 132Q-20-210, 132Q-20-220, 132Q-20-240, 132Q-20-250, 132Q-20-260, 132Q-20-270, 132Q-94-010, 132Q-94-020, 132Q-94-030, 132Q-94-125, 132Q-94-130, and 132Q-94-150.

Statutory Authority for Adoption: RCW 28B.50.140.

Adopted under notice filed as WSR 00-08-075 on April 19 [3], 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 54, Repealed 18.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 54, Repealed 18.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 54, Repealed 18. Effective Date of Rule: Thirty-one days after filing.

June 21, 2000

Geoffrey Eng

Associate Vice-Chancellor for

Workforce Development and Research

OTS-3881.2

AMENDATORY SECTION(Amending Resolution No. 27, filed 7/23/87)

WAC 132Q-04-010
Purpose for adoption of student rules.

(1) All colleges administered by the board of trustees for Washington State Community College District 17 doing business as Community Colleges of Spokane are maintained by the state of Washington for the accomplishment of certain special purposes; namely, the provision of programs of instruction in higher education, the advancement of knowledge through scholarship and research, and the provision of related community services.      Like any other social institution having its own special purpose, a college must maintain conditions conducive to the effective performance of its functions.      Consequently, the college has special expectations regarding the conduct of the various participants in the academic community.      Student conduct which distracts from or interferes with accomplishment of college purposes is not acceptable.

     (2) Admission to a college within the district carries with it the presumption that students will conduct themselves as responsible members of the academic community.      This includes an expectation that students will obey the law, will comply with rules and regulations of the college and its departments, will maintain a high standard of integrity and honesty and will respect the rights, privileges and property of other members of the college community.

     (3) It is assumed that students are and wish to be treated as adults.      As such, the students will accept responsibility for their own conduct.      In order to accomplish educational purposes of the college and also to provide students a full understanding of the rules that will enable the college to maintain conditions conducive to the effective performance of the college's functions, the following rules regarding the conduct of students are hereby adopted.      Sanctions for violations of the rules of student conduct herein adopted will be administered by the college in the manner provided by said rules.      When violations of laws of the state of Washington and/or the United States are also involved, the college may refer such matters to proper civil authorities.      In case of minors, this conduct may be referred to parents or legal guardians.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-04-010, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-010, filed 9/14/84; Order 1-69, § 132Q-04-010, filed 12/8/69.]

As used in this chapter, the following words and phrases shall mean:

     (1) "Assembly" shall mean any overt activity engaged in by two or more persons, the object of which is to gain publicity, advocate a view, petition for a cause or disseminate information to any person, persons or group of persons.

     (2) "Board" shall mean the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (3) "College" shall mean any community college or center which may be created by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (4) "College facilities" shall mean and include any or all real property owned, ((rented, leased, or)) operated, or maintained by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane, and shall include all buildings and appurtenances affixed thereon or attached thereto.

     (5) "College personnel" refers to any person employed or representing on a full-time or part-time basis ((except those who are faculty as defined in subsection (8) of this section, by any community college administered by the board of trustees for Washington State)) Community Colleges ((District 17)) of Spokane.

     (6) "Disciplinary action" shall mean and include the expulsion, suspension or admonition of any student by the appropriate college president or ((college)) vice-president ((of student services)) for the violation of any designated rule of student conduct for which a student is subject to disciplinary action.

     (7) "District" shall mean ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (8) (("Faculty" shall mean any employee of Washington State Community College District 17 which includes full-time and part-time faculty, administrators, counselors, librarians, or department heads who are employed by any community college administered by the board of trustees.

     (9))) "President" unless otherwise designated shall mean the duly appointed president or chief executive ((officer)) of any ((campus of Washington State)) Community Colleges ((District 17)) of Spokane.

     (((10))) (9) "Rules of student conduct" shall mean those rules regulating student conduct as herein adopted in this chapter.

     (((11))) (10) A "student" is defined as any person who is or has been officially registered at any college or instructional unit with ((Washington State)) Community Colleges ((District 17)) of Spokane and with respect to whom the college maintains education records or personally-identifiable information.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-020, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-020, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-020, filed 9/14/84; Order 70-1, § 132Q-04-020, filed 9/22/70; Order 1-69, § 132Q-04-020, filed 12/8/69.]

Disciplinary action may be taken for a violation of any provision of this student code or for a violation of other district and college rules, policies and regulations by a student which may from time to time be properly enacted including, but not limited to, the following:

     (1) Smoking as well as the use of chewing tobacco in district or college facilities and college vehicles shall not be permitted.

     (2) Using, possessing, consuming or being under the influence of, or selling any liquor as defined by applicable law or in a manner which disrupts a college activity.

     (3) Using, possessing, selling or being under the influence of any narcotic drug or controlled substance as defined by applicable law in a district/college facility or while participating in a college-related program.

     (4) Engaging in lewd, indecent, or obscene behavior.

     (5) Conducting one's self in a manner which presents an imminent danger to college property or to himself/herself or to other students or persons in college facilities on or off campus, or to the education process of the college.

     (6) Interfering by force or violence with, or intimidation by threat of force or violence, of another student, college personnel, faculty, or visitor who is in the peaceful discharge or conduct of his/her duties or studies.

     (7) Engaging in disorderly or abusive behavior including threatening behavior which interferes with the rights of others or which obstructs or disrupts teaching, learning, research or administrative functions.

     (8) Conducting or participating in an assembly which violates the guidelines of assembly as defined elsewhere in this chapter.

     (9) Engaging in academic dishonesty, including cheating, falsification, plagiarism or facilitating, aiding and abetting academic dishonesty.

     (10) Creating forgery of or unauthorized alteration of or unauthorized access or trespass to any college document, record, fund or instrument of identification, including electronic hardware, software and information systems and applications.

     (11) Making intentional false statements and/or filing of false charges against the college and/or members of the college community.

     (12) Committing theft or conversion of college property from college; theft or conversion of property of a member of the college community on college premises; or possession of property stolen from college premises and/or a member of the college community while on college premises.

     (13) Causing or attempting to cause physical damage to property owned, controlled or operated by the college or to property owned, controlled or operated by another person while said property is located on college facilities.

     (14) Failing to comply with the direction of college personnel or faculty acting in the legitimate performance of their duties.

     (15) Refusing to provide positive identification and evidence of student enrollment to any college employee in the lawful discharge of said employee's duties.

     (16) Possessing, transporting, or storing of any firearm(s), explosives, dangerous chemicals or other weapons, including knives, devices or substances which can be used to inflict bodily harm or to damage real or personal property. This does not apply to commissioned police officers as prescribed by law.

     (17) Falsely setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities.

     (18) Violating any of the computer and electronic information, including internet access systems use policies, rules, regulations, guidelines and laws applicable to the district, college or department of the college which include prohibitions against use for commercial benefit or gain and department restrictions prohibiting access into any sexually explicit internet sites.

     (19) Engaging in any prohibited discriminatory or harassing behavior as defined by applicable law and/or district policies including stalking or hate activity as defined by law.

     (20) Engaging in intentional conduct directed at another student, college personnel or faculty that has the purpose or effect of creating a hostile, intimidating or disruptive learning or working environment.

     (21) Hazing in any form as described in this chapter.

     (22) Bringing any person including children to a teaching and learning environment without the express approval of the faculty member or other authorized official.

     (23) Bringing any thing or object to a teaching and learning environment that may disrupt the environment or cause a safety or health hazard without the express approval of the faculty member or other authorized official.

[]

Hazing is prohibited.      Hazing means any method of initiation into a student organization or living group or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily ((danger or physical)) harm, or serious mental or emotional harm, to any student or other person attending any institution of higher education or post-secondary institution.      Excluded from this definition are "customary athletic events or other similar contests or competitions."

[Statutory Authority: RCW 28B.10.903.      95-16-066, § 132Q-04-076, filed 7/28/95, effective 8/28/95.]

(1) Students shall have the right of "assembly" as defined in WAC 132Q-04-020 upon college facilities that are generally available to the public.      Such assembly shall:

     (a) Be conducted in an orderly manner; and

     (b) Not unreasonably interfere with vehicular or pedestrian traffic; or

     (c) Not unreasonably interfere with classes, schedules, meetings or ceremonies, or with educational functions of the college; and

     (d) Not unreasonably interfere with college functions.

     (2) A student who conducts or participates in an assembly violative of any provision of this section shall be subject to disciplinary action.

     (3) Nonstudents who participate in ((or)), aid or abet any assembly or assemblies in violation of this section shall be subject to possible prosecution under the state criminal trespass law and/or any other possible civil or criminal remedies available to the college.      Faculty and other college personnel who participate in ((or)), aid or abet any assembly or assemblies violative of this section shall be subject to appropriate discipline.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-04-100, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-100, filed 9/14/84; Order 1-69, § 132Q-04-100, filed 12/8/69.]

(1) No one shall use college facilities ((will not be used)) for commercial solicitation((, advertising)) or promotional activities except when such activities clearly serve educational objectives, including but not limited to display of books of interest to the academic community or the display or demonstration of technical or research equipment, and when such commercial activities relate to educational objectives and are conducted under the sponsorship or the request of a college department or the office of student activities of the college, provided that such solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of pedestrian or vehicular traffic.

     (2) For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 132Q-04-140.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-04-110, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-110, filed 9/14/84; Order 1-69, § 132Q-04-110, filed 12/8/69.]

(1) Any recognized campus student organization with the written certification of its advisor, may invite speakers on that campus subject to the legal restraints imposed by the laws of the United States and the state of Washington.

     (2) The appearance of an invited speaker on a campus does not represent an endorsement, either implicit or explicit, of views or opinions of the speaker by the college, its students, its faculty, its college personnel, its administration or its board.

     (3) The scheduling of facilities for hearing invited speakers shall be made through the student senate or the student activities council of the campus at which the speaker will appear.

     (4) The appropriate student senate or student activities council will be notified at least seven days prior to the appearance of an invited speaker, at which time a proper form (available in the office of the director of student funded programs/student center) must be completed with all particulars regarding speaker, time, place, etc., signed by the sponsoring organization's advisor, and filed with the director of student funded programs/student center.      Exceptions to the seven-day ruling may be made by the director of student funded programs/student center with the approval of the appropriate vice-president ((of student services)).

     (5) The appropriate student senate or student activities council may require a question period or arrange to have views other than those of the invited speakers represented at the meeting, or at a subsequent meeting.      The president of the college or a designated representative, may assign faculty to preside over any meeting where a speaker has been invited.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-120, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-120, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-120, filed 9/14/84; Order 1-69, § 132Q-04-120, filed 12/8/69.]

(1) The president of the college, or, in such president's absence, the ((acting)) president's designee, is authorized in the instance of any event that the president ((deems)) determines to be disruptive of order or which the president ((deems)) determines to impede((s)) the movement of persons or vehicles or which the president ((deems)) determines to disrupt or threatens to disrupt the ((ingress and/or egress)) movement of persons from college facilities((, and the president acting through the vice-president of student services or such other person designated by the president)) or grounds, shall have the power and authority to:

     (a) Prohibit the entry of, or withdraw the license or privilege of a person or persons or any group of persons to enter onto or remain upon any portion of a college facility; or

     (b) To give notice against trespass by any manner provided for by law, to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from, entering onto or remaining upon ((all or)) any or all portion of a college facility; or

     (c) To order any person, persons, or group of persons to leave or vacate all of any portion of a college facility or grounds.

     (2) Any student who shall disobey a lawful order given by the president, or the president's designee, pursuant to the requirements of subsection (1) of this section, shall be subject to disciplinary action.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-130, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-130, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-130, filed 9/14/84; Order 1-69, § 132Q-04-130, filed 12/8/69.]

(1) Handbills, leaflets, newspapers, and similarly related matter distributed free of charge by any student or students or by members of recognized student organizations or by college personnel, may be distributed upon college facilities designated by the ((director of student funded programs/)) appropriate student center administrator; provided that such distribution does not interfere with the ((ingress and egress)) movement of persons or interfere with the free flow of vehicle or pedestrian traffic.

     (2) Newspapers, leaflets, and similarly related materials offered for sale by any student or nonstudent person or organization may be distributed and sold only through the college book store as are other commercial forms of merchandise, subject to reasonable rules and regulations that may be imposed by the bookstore manager. Exceptions may be made by the appropriate vice-president or designee.

     (3) All handbills, leaflets, newspapers, and similarly related matter must bear identification as to the publishing agency and distributing organization or individual.

     (4) All students and nonstudents shall be required to register with the ((director of student funded programs/)) appropriate student center administrator prior to the distribution or sale of any handbill, leaflet, newspaper or related matter, including, but not limited to, posting materials on college bulletin boards and distributing materials in college parking lots.

     (5) ((Any student who violates any provision of this rule relating to the distribution and sale of handbills, leaflets, newspapers or related materials, shall be subject to disciplinary action.

     (6))) Any distribution of the materials regulated in this section shall not be construed as approval of the same by the college or by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-140, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-140, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-140, filed 9/14/84; Order 1-69, § 132Q-04-140, filed 12/8/69.]

(1) For the purpose of determining whether probable cause exists for application of any section of the code of student conduct to any conduct by any person on a college facility, any faculty or other college personnel expressly authorized by the president ((of the college)) or chief executive ((officer)) of any instructional unit of the Community Colleges of Spokane may demand that any person on college facilities produce evidence of student enrollment at the college, by tender of said person's student identification card.

     (2) Refusal by a student to produce a student identification card, as required by subsection (1) of this section, shall be cause for disciplinary action.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-04-150, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-150, filed 9/14/84; Order 1-69, § 132Q-04-150, filed 12/8/69.]

(((1) Faculty, the vice-president of student services, or the vice-president's designee, and the president shall have concurrent authority to invoke sanctions for violations of the rules of student conduct and to require the commencement of the disciplinary proceedings provided for in WAC 132Q-04-180 through 132Q-04-270.

     (2) Faculty shall have the authority to take such summary actions as may be necessary to maintain order and proper conduct in the classroom in order to assure the effective cooperation of students in the accomplishment of objectives of the course of instruction.      Such actions may be appealed to the president of the college at any time before the end of the next succeeding quarter in which the student is enrolled.

     (3))) A request for the imposition of disciplinary action for a violation of the rules of student conduct shall be referred in writing to the appropriate vice-president ((of student services)) within twenty days of the discovery of the facts giving rise to the request.      Such a request may be made by any member of the administration, faculty, or college personnel or any student.      All such requests must be in writing and signed by the individual making such request. The vice-president may decline the request, implement the request or engage in informal negotiations to resolve the situation.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-170, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-170, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-170, filed 9/14/84; Order 1-69, § 132Q-04-170, filed 12/8/69.]

(1) All disciplinary proceedings will be initiated by the appropriate vice-president ((of student services, or the vice-president's)) or designee, who may also establish advisory panels to advise or act for the office of disciplinary proceedings.

     (2) It is the responsibility of the appropriate administrator as designated by the appropriate vice-president ((of student services)) to be involved in the gathering of information and documentation relative to disciplinary problems that occur in their areas of responsibilities and submit such in written form.

     (3) Any student accused of violating any provisions of the rules of student conduct will be called for an initial conference with the appropriate vice-president ((of student services, or the vice-president's)) or designee, and will be informed of what provision or provisions of the rules of student conduct the student is charged with violating, and what appears to be maximum penalties which might result from consideration of the disciplinary proceeding.

     (4) After considering the evidence in the case and interviewing the student or students accused of violating the rules of student conduct, the appropriate vice-president ((of student services, or the vice-president's)) or designee, may take any of the following actions:

     (a) Terminate the proceeding, exonerating the student or students;

     (b) Dismiss the case after whatever counseling and advice may be appropriate;

     (c) Impose minor sanctions directly (warning, reprimand, disciplinary probation or fine) subject to the student's rights of appeal described below;

     (d) Refer the matter to the college disciplinary committee for appropriate action.      The student shall be notified in writing when such a referral is made within three calendar days;

     (e) Issue an order of dismissal pursuant to the conditions of WAC 132Q-04-260(4).

     (5) A student accused of violating any provision of the rules of student conduct shall be given written notification of any disciplinary action taken by the appropriate vice-president ((of student services, or the vice-president's)) or designee.      In the case of an unmarried student under eighteen years of age, written notification of the disciplinary action taken by the appropriate vice-president ((of student services, or the vice-president's)) or designee, shall also be sent to the parents or guardian of the student.

     (6) No disciplinary action recommended by the appropriate vice-president ((of student services, or the vice-president's)) or designee, is final unless the student fails to exercise his right of appeal as provided in WAC 132Q-04-190.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-180, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-180, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-180, filed 9/14/84; Order 74-1, § 132Q-04-180, filed 9/23/74; Order 70-1, § 132Q-04-180, filed 9/22/70; Order 1-69, § 132Q-04-180, filed 12/8/69.]

Any disciplinary action taken by the appropriate vice-president ((of student services, or the vice-president's)) or designee, may be appealed to the college disciplinary committee; and disciplinary action taken by the college disciplinary committee may be appealed by the student to the president of the college.      All appeals by a student must be made in writing to the disciplinary committee or the president and presented to the committee or president within seven days after the student has been notified of the action taken by the disciplinary committee or the president.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-190, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-190, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-190, filed 9/14/84; Order 1-69, § 132Q-04-190, filed 12/8/69.]

Each college created by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane shall have a college disciplinary committee composed of six members plus the presiding officer for a total of seven people who shall be chosen no later than October 15 of each academic year.      The membership shall be selected as follows:

     (1) The recognized faculty organization shall appoint two members and an alternate who are teaching on the appropriate campus or college; such members shall serve a two-year term.

     (2) The college president shall appoint two members from the college administration who shall serve at the pleasure of the president.

     (3) Student membership shall be appointed by the respective student governments on each college campus.      Student membership must include a male and female student and two alternates who shall serve for no more than one year.

     (4) The presiding officer of the college disciplinary committee shall be the appropriate vice-president ((of student services, or the vice-president's)) or designee; provided, however, that no person who personally participates in any disciplinary action reviewed by the disciplinary committee may serve as presiding officer, nor may said person cast a vote on the merits of the issue decided by the disciplinary committee pursuant to WAC 132Q-04-240.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-200, filed 6/24/92, effective 7/25/92; 90-21-016, § 132Q-04-200, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-04-200, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-200, filed 9/14/84.      Statutory Authority: RCW 28B.50.140(13).      82-01-034 (Order 81-03, Resolution No. 19), § 132Q-04-200, filed 12/14/81; Order 74-1, § 132Q-04-200, filed 9/23/74; Order 70-1, § 132Q-04-200, filed 9/22/70; Order 1-69, § 132Q-04-200, filed 12/8/69.]

(((1))) The college disciplinary committee for each college, will hear, de novo, all disciplinary cases referred to it by the appropriate vice-president ((of student services, the vice-president's)), designee, or cases where the student appeals the ((dean's)) vice-president's decision.

     (((2))) (1) The student has a right to a fair and impartial brief adjudicative proceeding before the disciplinary committee on any charge of violating the rules of student conduct.      The student's failure to cooperate with the hearing procedures hereinafter outlined, however, shall not preclude the disciplinary committee from making its findings of fact, conclusions and recommendations as provided hereafter.      Failure by the student to cooperate may be taken into consideration by the committee.

     (((3))) (2) The student shall be given written notice by registered or certified mail of the time and place of the proceeding before the college disciplinary committee, and be afforded not less than twenty days notice thereof.      Said notice shall contain:

     (a) A statement of the time, place and nature of the disciplinary proceeding;

     (b) A statement of the charges including reference to the particular sections of the rules of student conduct involved;

     (c) A list of witnesses who will appear and a summary description of any documentary or other physical evidence that will be presented by the college at the proceeding.

     (((4))) (3) The student shall be entitled to hear and examine the evidence brought forward and be informed of the identity of its source and shall be entitled to present evidence in the student's own behalf and to cross-examine witnesses testifying against the student as to factual matters.      The student shall have all authority possessed by the college to obtain information provided requests for such information is specifically described, in writing, and tendered to the appropriate vice-president ((of student services)) no later than three days prior to the proceedings, or to request the presence of witnesses or the production of other evidence relevant to the issues of the proceedings.

     (((5))) (4) The student may be ((represented)) accompanied by counsel of choice at the disciplinary proceeding however, counsel cannot speak at the proceeding.      If the student elects to choose a duly licensed attorney admitted to practice in any state in the United States as counsel, the student must tender three days' notice excluding weekends and holidays thereof to the appropriate vice-president ((of student services)).

     (((6))) (5) In all disciplinary proceedings the college may be represented by a designee appointed by the appropriate vice-president ((of student services)); said designee may then present the college's case against the student accused of violating the rules of student conduct, provided that in those cases in which the student elects to ((be represented by)) have present a licensed attorney, the appropriate vice-president ((of student services)) may elect to have ((the college represented by)) an assistant attorney general attend as well.

     (((7))) (6) An adequate summary of all the evidence and facts presented to the disciplinary committee during the course of the proceedings will be taken.      A copy thereof shall be available at the office of the appropriate vice-president ((of student services)).

     (((8))) (7) The presiding officer of the college disciplinary committee shall preside at the disciplinary proceeding and make rulings on all evidentiary procedural matters heard in the course of the disciplinary proceeding.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-210, filed 6/24/92, effective 7/25/92; 90-21-016, § 132Q-04-210, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-04-210, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-210, filed 9/14/84; Order 74-1, § 132Q-04-210, filed 9/23/74; Order 70-1, § 132Q-04-210, filed 9/22/70; Order 1-69, § 132Q-04-210, filed 12/8/69.]

(1) Upon conclusion of the disciplinary proceeding, the college disciplinary committee shall consider all the evidence therein presented and decide by majority vote of the members of the committee which of the following is to be taken:

     (a) That the college terminate the proceedings and exonerate the student or students;

     (b) That the college impose minor sanctions directly, such as warning, reprimand or minor fine, subject to the student's right of appeal as hereinafter described;

     (c) That the college impose any of the disciplinary actions as provided in WAC 132Q-04-260; or

     (d) Issue an order to dismiss under the conditions of WAC 132Q-04-260(4).

     (2) Upon conclusion of the disciplinary proceeding of a student appeal, the college disciplinary committee shall consider all the evidence therein presented and decide by majority vote of the members of the committee to uphold the previous decision, terminate the proceeding and exonerate the student or students, or ((impose)) recommend to the college president or designee any disciplinary action authorized under WAC 132Q-04-260.

     (3) The student will be provided with a copy of the committee's findings of fact and conclusions regarding whether the student did violate any rule or rules of the code of student conduct.      The committee shall also advise the student of the right to present, within seven calendar days, a written statement to the president of the college appealing the decision of the college disciplinary committee.

[Statutory Authority: RCW 28B.50.140.      90-21-016, § 132Q-04-240, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-04-240, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-240, filed 9/14/84; Order 1-69, § 132Q-04-240, filed 12/8/69.]

(1) The president of the college or any representative designated, except the appropriate vice-president ((of student services)), shall after reviewing the record of the case, include in the report of the college disciplinary committee any statement filed by the student, approval of the recommendations of the college disciplinary committee or give directions as to what lesser disciplinary action shall be taken.

     (2) If the president decides that discipline is to be imposed or altered after the review provided by subsection (1) of this section, the president or the president's designee shall notify the student in writing of the discipline imposed.      In case of an unmarried student under eighteen years of age, written notice of any action involving dismissal or disciplinary action shall also be sent to parents or guardian of the student.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-250, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-250, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-250, filed 9/14/84; Order 1-69, § 132Q-04-250, filed 12/8/69.]

The following disciplinary actions are hereby established any of which shall be the sanctions imposed upon violators of the rules of student conduct:

     (1) Disciplinary warning: Notice to a student, either verbally or in writing, that the student has been in violation of the rules of student conduct or has otherwise failed to satisfy the college's expectations regarding conduct.      Such warnings imply that continuation or repetition of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described in this section. The college president may act without the need to utilize the disciplinary committee again for these continuing or repetitive violations.

     (2) Reprimand: Formal action censuring a student for violation of the rules of student conduct.      Reprimands are always made in writing to the student by the officer or agency taking the action, with copies to the office of student services.      A reprimand indicates to the student that continuation or repetition of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described in this section.

     (3) Disciplinary probation: Formal action placing conditions upon the student's continued attendance for violation of rules of student conduct.      The office placing the student on disciplinary probation will specify, in writing, the period of probation and the conditions, such as limiting the student's participation in extracurricular activities.      Disciplinary probation may be for a specified term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.      Violation of disciplinary probation shall be cause for disciplinary action.

     (4) Dismissal: Termination of student status for violation of the rules of student conduct.      Dismissal may be for a stated or for an indefinite period.      The notification dismissing a student will indicate, in writing, the term of the dismissal and any special conditions which must be met before readmission.      There is no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter must be refunded.

     (5) Fines: The office of student services may assess monetary fines against individual students for violation of the rules of student conduct.      Failure to pay such fines promptly will result in the cancellation of the student's registration and will prevent the student from reregistering. Tuition fees paid by the student may be refunded at the discretion of the college president.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-260, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-04-260, filed 7/23/87; 84-19-029 (Resolution No. 23), § 132Q-04-260, filed 9/14/84; Order 70-1, § 132Q-04-260, filed 9/22/70; Order 1-69, § 132Q-04-260, filed 12/8/69.]

(1) Records of all disciplinary cases shall be kept by the office of student services.      Except in proceedings wherein the student is exonerated, all documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved insofar as possible for at least five years.      No record of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other college repository after the date of the student's graduation.

     (2) The office of student services shall keep accurate records of all disciplinary actions taken by, or reported to, that office.      All disciplinary action will be entered on the student's record and may be removed at the time of graduation or earlier, at the discretion of the office initiating the action, if special terms and conditions have been met or if other circumstances warrant the removal.      ((The office which initiated the action is responsible for ordering the removal of temporary notations of any disciplinary action on the student's record.))      A student may petition to that office for removal of such a notation at any time, otherwise the record of disciplinary action shall be part of that student's record.

[Statutory Authority: RCW 28B.50.140.      92-14-038, § 132Q-04-280, filed 6/24/92, effective 7/25/92; 84-19-029 (Resolution No. 23), § 132Q-04-280, filed 9/14/84; Order 74-1, § 132Q-04-280, filed 9/23/74; Order 1-69, § 132Q-04-280, filed 12/8/69.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132Q-04-035	Smoking.
WAC 132Q-04-040	Liquor.
WAC 132Q-04-050	Drugs.
WAC 132Q-04-060	Cheating.
WAC 132Q-04-061	Plagiarism.
WAC 132Q-04-067	Classroom conduct.
WAC 132Q-04-068	Conduct at college functions.
WAC 132Q-04-070	Theft and/or sale of stolen property.
WAC 132Q-04-075	Damaging property.
WAC 132Q-04-080	Intimidation/interference.
WAC 132Q-04-081	Stalking.
WAC 132Q-04-082	Threatening/objectionable behavior.
WAC 132Q-04-083	Assault.
WAC 132Q-04-085	Abusive conduct.
WAC 132Q-04-090	Forgery or alteration of records.
WAC 132Q-04-094	Misuse of computer privileges.
WAC 132Q-04-095	Computer trespass.
WAC 132Q-04-096	Misrepresentation of identity.

OTS-3882.1

AMENDATORY SECTION(Amending Resolution No. 27, filed 7/23/87)

WAC 132Q-05-010
Purpose of summary suspension rules.

(1) The board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane recognizes the need to provide the college's administrators with a summary system of student discipline that can swiftly and fairly respond to immediate disorder on ((campus)) all district facilities ((within the district)).      The board further desires to create and operate such a system within the framework of fundamental due process as presently embodied in the historic notions embodied in the jurisprudential tool of the temporary restraining order.

     (2) It is to be understood, however, that nothing within the rules adopted in this chapter shall be construed to supplant the provisions of the rules of conduct and procedures of enforcement embodied in chapter 132Q-04 WAC and the student disciplinary system created therein.      Rather, the provisions of the rules of this chapter shall be deemed to be supplementary to the rules of student conduct by providing a method of suspension during the pendency of the investigation and prosecution for student violations that will be subsequently heard on their merits pursuant to the system embodied in the said rules of student conduct.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-05-010, filed 7/23/87; Order 1-69, § 132Q-05-010, filed 12/8/69.]

As used in this chapter, the following words and phrases shall mean:

     (1) "Board" shall mean the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (2) "College" shall mean any community college which may be created by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (3) "College facilities" shall mean and include any or all real property owned or operated by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane, and shall include all building and appurtenances affixed thereon or attached thereto.

     (4) "District" shall mean ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (5) "President," unless otherwise designated, shall mean the duly appointed ((president or)) chief executive ((officer of any campus within Washington State)) of any college, instructional unit of Community Colleges ((District 17)) of Spokane.

     (6) "Rules of student conduct" shall mean those rules regulating student conduct as adopted in chapter 132Q-04 WAC.

     (7) "Student" shall mean and include any person who is enrolled in any community college administered by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (8) (("Faculty" shall mean any employee of Washington State Community College District 17 which includes full-time and part-time faculty, administrators, counselors, librarians, or department heads who are employed by any community college administered by the board of trustees.)) "College personnel" refers to any person employed or representing on a full-time or part-time basis Community Colleges of Spokane.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-05-020, filed 7/23/87; Order 1-69, § 132Q-05-020, filed 12/8/69.]

Each faculty member or administrator has the right to suspend up to three ((class)) instructional days any student who by any act of misconduct disrupts any college class, program or the learning and teaching environment by engaging in conduct that renders it difficult or impossible to maintain the decorum of the class (((see WAC 132Q-04-067; also see WAC 132Q-04-170(2)))), program or teaching and learning environment. Such suspension may include exclusion from the college or any part thereof during the period of suspension. The faculty member or administrator shall report this suspension to the appropriate vice-president who may set conditions for the student upon return. The student may appeal to the appropriate vice-president and that vice-president may authorize an earlier return by the student only after consultation with the faculty member or administrator.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-05-033, filed 7/23/87.]

((Each college employee has)) College personnel have the right to remove or have removed from a college function and/or the college for up to three ((class)) instructional days any student who by an act of misconduct, substantially disrupts any college function by engaging in conduct that renders it difficult, or impossible, to continue such function in ((any)) an orderly manner (((see WAC 132Q-04-068))).

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-05-036, filed 7/23/87.]

Notwithstanding WAC 132Q-05-033, if the president, or the president's designee, has cause to believe that any student has violated any law of the state or the United States, or any of the rules of student conduct contained in chapter 132Q-04 WAC, and the president, or president's designee, also has further cause to believe that the student's violations involve:

     (1) Participation in any mass protest or demonstration violative of WAC 132Q-04-100, and that immediate disciplinary action is necessary to restore order on any college campus or instructional unit; or

     (2) A significant probability that said violation or violations will continue to disrupt the educational environment of the college, so as to render the disciplinary proceeding process contained in chapter 132Q-04 WAC ineffectual.

     Then the president, or president's designee, shall, pursuant to the following rules, have authority to suspend said student for a maximum of ten additional instructional days prior to any subsequent disciplinary proceeding initiated under the rules of student conduct contained in chapter 132Q-04 WAC.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-05-040, filed 7/23/87; Order 1-69, § 132Q-05-040, filed 12/8/69.]

(1) If the president desires to exercise the authority conferred by WAC 132Q-05-040 against any student, he or she shall direct the appropriate vice-president ((of student services)) to cause notice thereof to be served upon said student.

     (2) The notice shall be entitled "notice of summary suspension proceeding" and shall state:

     (((a))) The charges against the student, including reference to the law and/or rules of student conduct involved and (((b))) that the student charged must appear before the appropriate vice-president ((of student services, or the vice-president's)) or designee, at a time to be set by the vice-president((, but not later than twenty-four hours from the date and time of receipt of the "notice of summary suspension proceeding.")).

[Statutory Authority: RCW 28B.50.140.      92-14-037, § 132Q-05-050, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-05-050, filed 7/23/87; 87-16-010 (Resolution No. 27), § 132Q-05-050, filed 7/23/87; Order 1-69, § 132Q-05-050, filed 12/8/69.]

(1) At the summary suspension proceeding, the college, through the office of the appropriate vice-president ((of student services, or the vice-president's)) or designee, shall make a determination as to whether there is probable cause to believe that the violation stated in the notice of summary suspension proceedings to the student did occur.

     (2) The student may offer oral testimony of himself or herself or of any person, submit any statement or affidavit on his or her own behalf, examine any affidavit and cross-examine any witness who may appear against him or her, and submit any matter in extenuation or mitigation of the offense or offenses charged.

     (3) The appropriate vice-president ((of student services)) shall at the time of the summary suspension proceeding determine whether there is probable cause to believe that a violation of law or of the rules of student conduct has occurred, pursuant to WAC 132Q-05-040 (1) or (2).      In the course of making such a decision, said vice-president may only consider the sworn affidavit or oral testimony of persons who have alleged that the student charged has committed a violation of law or of the rules of student conduct and oral testimony and affidavits submitted by the student charged.

[Statutory Authority: RCW 28B.50.140.      92-14-037, § 132Q-05-060, filed 6/24/92, effective 7/25/92; 90-21-017, § 132Q-05-060, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-05-060, filed 7/23/87; Order 70-2, § 132Q-05-060, filed 9/22/70; Order 1-69, § 132Q-05-060, filed 12/8/69.]

If the appropriate vice-president ((of student services)), following the conclusion of the summary suspension proceeding, finds that there is probable cause to believe that:

     (1) The student against whom specific violations of law or of the rules of student conduct are alleged has committed one or more such violations upon any college facility; and

     (2) That summary suspension of said student is necessary to attain peace and order on the campus; and

     (3) Such violation or violations of the law or of the rules of student conduct constitute grounds for disciplinary probation or dismissal pursuant to WAC 132Q-04-260,

     Then the appropriate vice-president ((of student services)) may, with the written approval of the president, suspend such student from college ((for a maximum of ten days)) pending any subsequent disciplinary proceeding initiated under chapter 132Q-04 WAC or reinstate the student with or without conditions.

[Statutory Authority: RCW 28B.50.140.      92-14-037, § 132Q-05-070, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-05-070, filed 7/23/87; Order 1-69, § 132Q-05-070, filed 12/8/69.]

(1) If a student is suspended pursuant to the above rules, said student will be provided with a written copy of the appropriate vice-president's ((of student services')) findings of fact and conclusions, as expressly concurred in by the president, as to whether said vice-president had probable cause to believe that the conditions for summary suspension outlined in WAC 132Q-05-040 exists and whether immediate suspension of said student should be issued.

     (2) The student suspended pursuant to the authority of this rule shall be served a copy of the notice of suspension by personal service or by registered mail.      Notice by mail shall be sent to said student's last known address.      The suspension shall be effective for ((a ten day)) the period dating from the day the notice of suspension is mailed or personal service accomplished.

     (3) During the period of summary suspension, the suspended student shall not enter the campus other than to meet with the appropriate vice-president ((of student services)) or to attend the summary suspension proceeding.      However, the appropriate vice-president ((of student services)) may grant the student special permission to enter for the express purpose of meeting with faculty, college personnel, or students in preparation for the proceeding.

[Statutory Authority: RCW 28B.50.140.      92-14-037, § 132Q-05-080, filed 6/24/92, effective 7/25/92; 90-21-017, § 132Q-05-080, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-05-080, filed 7/23/87; Order 1-69, § 132Q-05-080, filed 12/8/69.]

If the student, against whom specific violations of the rules of student conduct or law have been alleged has been served pursuant to the notice required in WAC 132Q-05-050, fails to appear at the time designated for the summary suspension proceeding, the appropriate vice-president ((of student services)) may, with the written concurrence of the president, ((suspend the student from college for a maximum amount of ten days)) proceed with the proceedings under WAC 132Q-05-060.

[Statutory Authority: RCW 28B.50.140.      92-14-037, § 132Q-05-090, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-05-090, filed 7/23/87; Order 1-69, § 132Q-05-090, filed 12/8/69.]

(1) Any student aggrieved by an order issued at the summary suspension proceeding may appeal the same to the board of trustees.      No such appeal shall be entertained, however, unless written notice of the appeal, specifically describing alleged errors in the findings of the appropriate vice-president ((of student services)) and the president, is tendered at the office of the president within seventy-two hours following the date notice of summary suspension was served or mailed to the student.

     (2) The board shall, as soon as reasonably possible, examine the allegations contained within the notice of appeal, along with the findings of the vice-president and president, the record of the summary suspension proceeding, and determine therefrom whether the summary suspension order is justified.      Following such examination, the board of trustees may, at its discretion, suspend the summary suspension pending determination of the merits of the disciplinary proceeding pursuant to the rules of student conduct.

     (3) The board shall notify, by registered or certified mail, the appealing student within forty-eight hours following its consideration of the notice of appeal, as to whether the summary suspension shall be maintained or stayed pending disposition of the disciplinary proceeding pursuant to the rules of student conduct.

[Statutory Authority: RCW 28B.50.140.      92-14-037, § 132Q-05-100, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-05-100, filed 7/23/87; Order 1-69, § 132Q-05-100, filed 12/8/69.]

OTS-3883.1

AMENDATORY SECTION(Amending Resolution No. 27, filed 7/23/87)

WAC 132Q-20-010
Purpose for adopting rules.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated or maintained by the college district.      The rules and regulations contained in this chapter pertain to all faculty, students, college personnel, and visitors who use district facilities unless exempted by the ((chief executive officer)) chancellor/CEO of the district and are established for the following purposes:

     (1) To protect and control pedestrian and vehicular traffic; and

     (2) To assure access at all times for emergency traffic; and

     (3) To minimize traffic disturbance during class hours; and

     (4) To facilitate the work of the community colleges.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-20-010, filed 7/23/87; Order 71-4, § 132Q-20-010, filed 7/26/71.]

As used in this chapter the following words and phrases shall mean:

     (1) "Board" shall mean the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (2) "Campus" shall mean any or all real property owned, operated or maintained by ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (3) "Appropriate vice-president ((of student services))" shall mean the ((vice-president of)) chief administrative officer over student services ((of Spokane Community College or Spokane Falls Community College)) regardless of current position title.

     (4) "College" shall mean any community college or separate instructional unit(([,])) which may be created by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (5) "Faculty" shall mean any employee ((or official)) of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (6) "Campus patrol" shall mean an employee of the college, ((or a law enforcement student)) administration of justice student or contracted security personnel, who is responsible to the appropriate vice-president ((of student services)) for campus security.

     (7) "Student" ((shall mean)) is defined as any person who is ((enrolled in any community college operated by Washington State Community College District 17)) or has officially registered at any college or instructional unit with the Community Colleges of Spokane and with respect to whom the college maintains education records or personally identifiable information.

     (8) "Vehicle" shall mean an automobile, truck, ((motor-driven cycle)) motorcycle, scooter, or any vehicle empowered by a motor.

     (9) "Visitors" shall mean any person or persons, excluding students as previously defined, who come upon the campus as guests and person or persons who lawfully visit the campus for purposes which are in keeping with the colleges' role as institutions of higher learning in the state of Washington.

     (10) "Permanent permits" shall mean permits(([,])) which are valid for a school term.

     (11) "Quarterly permits" shall mean permits valid for a specified academic quarter.

     (12) "Temporary permits" shall mean permits(([,])) which are valid(([,])) for a specific period designated on the permit.

[Statutory Authority: RCW 28B.50.140.      97-24-023, § 132Q-20-020, filed 11/24/97, effective 12/25/97; 92-14-036, § 132Q-20-020, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-020, filed 7/23/87; Order 72-5, § 132Q-20-020, filed 10/9/72; Order 71-4, § 132Q-20-020, filed 7/26/71.]

Students, faculty, administration, college personnel, guests and visitors shall not stop, park, or leave a vehicle whether attended or unattended upon the campus without a parking permit issued pursuant to WAC 132Q-20-050, except guests and visitors who will be given a reasonable time to secure a temporary permit from the appropriate vice-president ((of student services, or the vice-president's)) or designee.      All students who plan to park on campus and are attending educational programs on campus that meet ten or more times per quarter are required to purchase a valid quarterly permit.      Failure to obtain a permit shall be grounds for disciplinary action.      The fee for the parking permit shall be established from time to time by the board of trustees of ((Washington State)) Community Colleges ((District 17)) of Spokane and shall be published.      Students attending education programs on campus that meet less than ten times are to obtain temporary guest permits.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-040, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-040, filed 7/23/87; Order 73-4, § 132Q-20-040, filed 2/23/73; Order 71-4, § 132Q-20-040, filed 7/26/71.]

A valid parking permit is:

     (1) An unexpired parking permit registered and properly displayed; or

     (2) A short-term parking permit authorized by the appropriate vice-president ((of student services, or the vice-president's)) or designee, and properly displayed; or

     (3) A special parking permit authorized by the appropriate vice-president ((of student services, or the vice-president's)) or designee, and properly displayed; or

     (4) A guest's permit authorized by the appropriate vice-president ((of student services, or the vice-president's)) or designee, and properly displayed; or

     (5) A shop permit authorized by a vocational-technical instructor and properly displayed.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-060, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-060, filed 7/23/87; Order 74-1, § 132Q-20-060, filed 9/23/74; Order 71-4, § 132Q-20-060, filed 7/26/71.]

((Parking permits are not transferable.      If a vehicle is sold, traded, or if there is a new purchase, a new permit will be issued to the permit holder at a nominal cost if the permit holder does the following:

     (1) Records permit number and informs the auto registration clerk;

     (2) Scrapes permit off the window;

     (3) Brings permit or remnant to appropriate office, which office shall then issue the permit holder a new parking permit registered under a new number.)) Student parking permits are not transferable. Replacement student parking permits may be obtained for an unused valid portion of such permit provided that the permit holder requests such replacement pursuant to regulations issued from time to time by the Community Colleges of Spokane. An employee parking permit may be transferred to another vehicle, provided that such permit is duly displayed on the parked vehicle but cannot be transferred to another individual.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-20-080, filed 7/23/87; Order 71-4, § 132Q-20-080, filed 7/26/71.]

Parking permits are the property of the college and may be recalled by the appropriate vice-president ((of student services)) for any of the following reasons:

     (1) When the purpose for which the permit was issued changes or no longer exists; or

     (2) When a permit is used for an unregistered vehicle or by an unauthorized individual; or

     (3) Falsification on a parking permit application; or

     (4) Continued violations of parking regulations; or

     (5) Counterfeiting or altering a parking permit.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-090, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-090, filed 7/23/87; Order 71-4, § 132Q-20-090, filed 7/26/71.]

When a parking permit has been recalled pursuant to WAC 132Q-20-090, or has been refused in accordance with WAC 132Q-20-100, or when a fine or penalty has been levied against a violator of the rules and regulations set forth in this chapter, such action by the appropriate vice-president ((of student services, or the vice-president's)) or designee, may be appealed pursuant to WAC 132Q-108-050; provided, however, that faculty, administrators, and college personnel of ((Washington State)) Community Colleges ((District 17)) of Spokane shall appeal permit revocations, refusals to grant permits, and fines or penalties levied for violations by the appropriate vice-president ((of student services)) to the respective college presidents whose decision on the matter shall be final.      Refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action.      In the case of students, failure to pay fines after the exhaustion of the appellate process shall be grounds for the college, in addition to disciplinary action, to deny admission for subsequent enrollment with ((Washington State)) Community Colleges ((District 17)) of Spokane.      In the case of ((District 17)) employees, failure to pay fines could result in the denial of issuing a permit, and/or impounding of vehicles.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-110, filed 6/24/92, effective 7/25/92; 90-21-021, § 132Q-20-110, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-20-110, filed 7/23/87; Order 73-4, § 132Q-20-110, filed 2/23/73; Order 71-4, § 132Q-20-110, filed 7/26/71.]

The parking spaces available on campus shall be designated and allocated by the appropriate vice-president ((of student services, or the vice-president's)) or designee, in such a manner which will best effectuate the objectives of the rules and regulations in this chapter.

     (1) Faculty staff, student, and visitor spaces will be so designated for their use; and

     (2) Parking spaces for the exclusive use by persons with disability will be designated.      The office of student services may issue special permits to students and others to park in these designated spaces; and

     (3) Other special use spaces may be designated.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-130, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-130, filed 7/23/87; Order 71-4, § 132Q-20-130, filed 7/26/71.]

Parking is permitted on campus between the hours of 6:30 a.m. to 11:00 p.m. for faculty, college personnel, and students.      The rules and regulations pertaining to the use of certain parking permits in specific areas are contained in WAC 132Q-20-140.      Students, faculty, and college personnel may park in any of the spaces or stalls designated in WAC 132Q-20-140 except visitor's areas on a first-come, first-served basis between the hours of 5:00 p.m. and 11:00 p.m.      Custodial and other authorized personnel may park on campus from ((10:00)) 11:00 p.m. to 6:30 a.m., and are still required to follow regular parking regulations and obtain parking permits.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-20-150, filed 7/23/87; Order 71-4, § 132Q-20-150, filed 7/26/71.]

Overnight parking is prohibited except when approval is granted by the appropriate vice-president ((of student services or the vice-president's)) or designee.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-160, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-160, filed 7/23/87; Order 71-4, § 132Q-20-160, filed 7/26/71.]

The appropriate vice-president ((of student services, or the vice-president's)) or designee, is authorized to erect signs, barricades and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned or operated by the colleges.      Such signs, barricades, structures, markings, and directions, shall be so made and placed as in the opinion of the appropriate vice-president ((of student services, or vice-president's)) or designee, which will best effectuate the objectives stated in WAC 132Q-20-010 and will best effectuate the rules and regulations contained in this chapter.

     Drivers of vehicles shall observe and obey the signs, barricades, structures, markings and directions erected pursuant to this section.      Drivers shall also comply with the directions given them by the campus patrol in the control and regulation of traffic.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-170, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-170, filed 7/23/87; Order 71-4, § 132Q-20-170, filed 7/26/71.]

No vehicle shall be operated on the campuses at a speed in excess of ((fifteen miles per hour)) the posted speed limit in parking lots; and ((fifteen miles per hour)) the posted speed limit on campus roads or such slower speed as is reasonable and prudent in the circumstances.      No person operating a vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-20-180, filed 7/23/87; Order 71-4, § 132Q-20-180, filed 7/26/71.]

Upon special occasions causing additional and/or heavy traffic and during emergencies, the appropriate vice-president ((of student services, or the vice-president's)) or designee, is authorized to impose additional traffic and parking regulations and restrictions for the achievement of the objectives specified in WAC 132Q-20-010.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-200, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-200, filed 7/23/87; Order 71-4, § 132Q-20-200, filed 7/26/71.]

(1) All two-wheeled vehicles empowered by a motor shall park in a space designated for motorcycles only.

     (2) No vehicle shall be ridden on the sidewalks on campus at any time unless authorized by the appropriate vice-president ((of student services, or the vice-president's)) or designee.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-210, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-210, filed 7/23/87; Order 71-4, § 132Q-20-210, filed 7/26/71.]

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total of claimed damage to either or both vehicles exceeding $300.00 shall immediately report such accident to the appropriate vice-president ((of student services, or the vice-president's)) or designee, and shall within twenty-four hours after such accident, file a state of Washington motor vehicle accident report if required.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-220, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-220, filed 7/23/87; Order 71-4, § 132Q-20-220, filed 7/26/71.]

(1) Enforcement of the parking rules and regulations will begin the first day of classes of the fall quarter and will continue through subsequent quarters until the start of the following fall quarter.

     (2) The appropriate vice-president ((of student services, or the vice-president's)) or designee, shall be responsible for the enforcement of the rules and regulations contained in this chapter. The appropriate vice-president ((of student services)) is hereby authorized to delegate this responsibility to the campus patrol or other subordinates.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-240, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-240, filed 7/23/87; Order 72-5, § 132Q-20-240, filed 10/9/72; Order 71-4, § 132Q-20-240, filed 7/26/71.]

Upon the violations of any of the rules and regulations contained in this chapter, the appropriate vice-president ((of student services, or the vice-president's)), or designee or subordinates, may issue a summons or traffic ticket setting forth the date, the approximate time, permit number, license information, infraction, officer, and schedule of fines.      Such summons or traffic tickets may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator or owner.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-250, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-250, filed 7/23/87; Order 71-4, § 132Q-20-250, filed 7/26/71.]

The appropriate vice-president ((of student services, or the vice-president's)) or designee, is authorized to impose the following fines and penalties for the violation of the rules and regulations contained in this chapter:

     (1) Except as provided under subsection (2) of this section, fines will be levied for all violations of the regulations contained in this chapter.      A current schedule of fines is available from the parking office.

     (2) Community Colleges of Spokane and its recognized instructional units are authorized to:

     (a) ((Place an "administrative hold" in the records;

     (b))) Deny registration for subsequent quarters, and deny registration; and

     (((c))) (b) Deny graduation from the college to any student that fails to promptly pay any financial obligation due the college including the payment for parking citations.

     (3) Vehicles which are parked on any campus within ((Washington State)) Community Colleges ((District 17)) of Spokane and which are in violation of any of the regulations contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the appropriate vice-president ((of student services)).      If a vehicle is impounded, it may be taken to such place for storage as the appropriate vice-president ((of student services, or the vice-president's)) or designee, selects.      The expenses of such impoundings and storage shall be charged to the owner or operator of the vehicle and paid by him or her prior to its release.      The college and its employees shall not be liable for loss or damage of any kind resulting from such impounding and storage.

     (4) At the discretion of the appropriate vice-president ((of student services)), an accumulation of traffic violations by a student will be cause for disciplinary action, and the appropriate vice-president ((of student services)) shall initiate disciplinary proceedings against such student pursuant to WAC 132Q-04-180.

     (5) The duly elected associated student government officers of Spokane Falls Community College and Spokane Community College may, in a joint meeting with the District 17 executive committee, recommend a proposed schedule of fines prior to adoption of a new fine schedule.

[Statutory Authority: RCW 28B.50.140.      92-14-036, § 132Q-20-260, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-260, filed 7/23/87; Order 72-2, § 132Q-20-260, filed 2/7/72; Order 71-4, § 132Q-20-260, filed 7/26/71.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Resolution No. 27), filed 7/23/87)

WAC 132Q-20-270
Liability of college.

The Community Colleges of Spokane assumes no liability under any circumstances for vehicles parked on campus.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-20-270, filed 7/23/87; Order 71-4, § 132Q-20-270, filed 7/26/71.]

OTS-3884.2

AMENDATORY SECTION(Amending WSR 90-21-022, filed 10/8/90, effective 11/8/90)

WAC 132Q-94-010
Declaration of purpose.

By adoption of the following health and safety regulations the board of trustees of the ((Washington State)) Community Colleges ((District 17)) of Spokane expresses its firm commitment to the safety and health of its students and employees.      The board further recognizes the importance of students and employees developing safe work habits, particularly in the areas of equipment and machinery operation, and in the handling of potentially hazardous chemical substances.      This chapter shall apply to all students(([,])), employees and visitors and shall pertain to all campuses and sites under the direct or indirect control of the district.

[Statutory Authority: RCW 28B.50.140.      90-21-022, § 132Q-94-010, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-94-010, filed 7/23/87; Order 72-1, § 132Q-94-010, filed 1/28/72.]

Adoption of these health and safety rules by the board of trustees is based on the following standards:

     (1) The possibility of accidental injury to an individual exists at all times and in all places and no place of work nor any human activity is exempt from the possibility of accidents.

     (2) All community college safety programs are for the benefit of both the ((Washington State)) Community Colleges ((District 17)) of Spokane and the individual students enrolled within the institution.      There is no conflict of interests between the students and the college in the area of an accident prevention program; through accident prevention, everyone benefits.

     (3) Accident prevention requires both organization and education, consisting largely of the desire to provide and maintain an environment free of hazards through institution of a common-sense safety program and the determination to carry out the program effectively.

     (4) Effective accident prevention includes instructor leadership, student cooperation, effective organization, thorough training, and good supervision.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-94-020, filed 7/23/87; Order 72-1, § 132Q-94-020, filed 1/28/72.]

Students attending ((Washington State)) Community Colleges ((District 17)) of Spokane shall, to the best of their ability, make it their individual responsibility to keep themselves and their fellow students free from accidents.      In the interest of accident prevention, students shall obey the approved district safety rules and procedures including those outlined below, as well as other, more specific safety rules, as outlined by their instructors:

     (1) Students shall consider the benefits of accident prevention to themselves, to others, and to their work, and shall act accordingly, conducting their work to avoid accidents through observation of safe work practices.

     (2) Students shall study and observe all safe practices governing their specific area of work or class assignment, and shall make a concerted effort to understand their job and area of assignment.

     (3) Students shall ascertain emergency procedures from their instructor or supervisor.

     (4) Students shall remain alert for any unsafe condition(s) or practice(s), immediately reporting any observed to their instructor or supervisor.

     (5) Students shall promptly report any accident in which they are injured, regardless of the degree of severity, to their instructor or supervisor.

     (6) Students shall not engage in practical jokes or horseplay while attending class or while on the job.

     (7) Students shall not report to class or a work study position while under the influence of intoxicants or drugs, nor shall such items be used or consumed while on the premises of the ((Washington State)) Community Colleges ((District 17)) of Spokane or representing the ((Washington State)) Community Colleges ((District 17)) of Spokane at an off-site location.

     (8) Students who receive their instructor's or supervisor's permission to operate a state vehicle shall comply with existing fleet policies and procedures of ((Washington State)) Community Colleges ((District 17)) of Spokane.

     (9) Students shall comply with existing smoking regulations of the ((Washington State)) Community Colleges ((District 17)) of Spokane.

[Statutory Authority: RCW 28B.50.140.      87-16-010 (Resolution No. 27), § 132Q-94-030, filed 7/23/87; Order 72-1, § 132Q-94-030, filed 1/28/72.]

For reasons of health, sanitation, and safety, no person shall be permitted to bring or leave any dog, cat, or any other pet or animal in any ((school)) college building, nor leave such pet or animal unattended on any district property.      ((All dogs, cats, or other pets of any kind shall be and remain on a leash while on any district property.))      This section does not apply to ((the blind, the visually handicapped, the hearing impaired, and the otherwise disabled person)) persons with a disability who require((s)) the services and assistance of a guide dog and/or trained service animal as defined by law.

[Statutory Authority: RCW 28B.50.140.      97-24-023, § 132Q-94-125, filed 11/24/97, effective 12/25/97; 87-16-010 (Resolution No. 27), § 132Q-94-125, filed 7/23/87.]

No employee, student or guest shall carry, transport within a vehicle or otherwise possess any gun, pistol((,)) or other firearm or explosive device, hazardous chemicals or any other hazardous device such as knives or substance on any college campus or other district property except for use in an authorized college activity with express authorization from the ((district vice president)) chief executive of the campus or an authorized designee.

[Statutory Authority: RCW 28B.50.140.      90-21-023, § 132Q-94-150, filed 10/8/90, effective 11/8/90.]

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