Original Notice.

Preproposal statement of inquiry was filed as WSR 00-11-033.

Title of Rule: Student conduct and misconduct definition and Family Educational Rights and Privacy Act (FERPA).

Purpose: To provide the college with adequately comprehensive definitions of student conduct and misconduct. Make changes to Family Educational Rights and Privacy Act (FERPA) information to reflect the 1998 Higher Education Reauthorization Act rule changes released in July 2000.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Statute Being Implemented: RCW 28B.50.140.

Reasons Supporting Proposal: Limitations of present college's policies and procedures definitions of student conduct and misconduct, along with changes in Family Educational Rights and Privacy Act.

Name of Agency Personnel Responsible for Drafting and Implementation: Dennis Long, 11605 132nd Avenue N.E., Kirkland, (425) 739-8313; and Enforcement: Mike Metke, 11605 132nd Avenue N.E., Kirkland, (425) 739-8200.

Name of Proponent: Lake Washington Technical College, public.

Rule is necessary because of federal law, [34 C.F.R. Part 99, Family Education Rights and Privacy Act.]

Explanation of Rule, its Purpose, and Anticipated Effects: Family Educational Rights and Privacy Act by providing students with access to their educational records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of student's privacy or other right, improving student privacy and security through redefining releasable directory data.

     Expanding and clarifying student misconduct items and establishing an appeal process that includes a judicial board of college staff and student peers.

Proposal Changes the Following Existing Rules: Substitute changes to Family Educational Rights and Privacy Act to reflect 1998 Higher Educational Reform Act and student conduct code to more comprehensively address student conduct and due process procedures.

No small business economic impact statement has been prepared under chapter 19.85 RCW. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, and increased administrative costs.

Hearing Location: Lake Washington Technical College, 11605 132nd Avenue N.E., Kirkland, WA 98034, on September 5, 2000, at 7:30 p.m.

Assistance for Persons with Disabilities: Contact Karla Preuett by August 22, 2000, TDD (425) 729-8109, or (425) 739-8100.

Submit Written Comments to: Fax (425) 739-8299, by August 22, 2000.

Date of Intended Adoption: September 5, 2000.

July 28, 2000

L. Michael Metke, Ed.D

President

OTS-4181.1

AMENDATORY SECTION(Amending WSR 92-15-081, filed 7/16/92, effective 8/16/92)

WAC 495D-131-010
Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application, and other information regarding scholarships at Lake Washington Technical College is located in the ((office of)) financial aid office on the Lake Washington Technical College campus.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-131-010, filed 7/16/92, effective 8/16/92.]

OTS-4182.1

AMENDATORY SECTION(Amending WSR 92-15-081, filed 7/16/92, effective 8/16/92)

WAC 495D-132-010
Financial aid.

((Federal, state, and private financial aid applications and information may be obtained at the following address:

     Office of Financial Aid

     Lake Washington Technical College

     11605 132nd Avenue Northeast

     Kirkland, Washington 98034-5608

     Award of federal and state aid will be made in accordance with applicable federal and state laws and regulations.)) The college shall offer a comprehensive financial program for students using college, state, and federal financial aid resources as well as from appropriate foundation resources. The financial aid office will provide financial aid information in college publications, assist students in obtaining information, determine student eligibility for financial aid, and manage the college's financial aid programs.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-132-010, filed 7/16/92, effective 8/16/92.]

OTS-4184.2

AMENDATORY SECTION(Amending WSR 92-15-081, filed 7/16/92, effective 8/16/92)

WAC 495D-280-010
Family Educational Rights and Privacy Act -- General policy.

Lake Washington Technical College implements the policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. §     1232g) and its implementing regulation (34 C.F.R. §     99).      Briefly, Lake Washington Technical College is required to provide students with access to their own education records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of the student's privacy or other right, to obtain written consent before releasing certain information and to notify students of these rights.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-010, filed 7/16/92, effective 8/16/92.]

For the purposes of this policy, the following definitions ((of terms)) apply:

     (1) "Student" means any individual who is or has been in attendance at Lake Washington Technical College and for whom the college maintains education records. A person no longer in attendance at the college is no longer a current student, but his or her educational records remain covered by the Family Educational Rights and Privacy Act.

     (2) "Education records" are ((defined as)) those records, files, and documents (in handwriting, print, tapes, film, microfiche, or other medium) maintained by ((Lake Washington Technical College which)) the college that contain information directly related to the individual student.      Education records include only the following:

     (a) Records pertaining to admission, advisement, registration, grading, and progress toward a certificate or degree that are maintained by the registrar.

     (b) Testing information used for advisement purposes by the counseling center.

     (c) Information concerning payment of fees as maintained by the registrar.

     (d) Financial aid information as collected by the financial aid office.

     (e) Information regarding students' participating in student government that is maintained by the student government office.

     (f) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

     (3) (("Directory Information" means the student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities and organizations, dates of attendance, degrees, certificates, and awards received, and the most recent previous educational agency or institution attended by the student.      Directory information may be disclosed at the discretion of the college and without the consent of the student unless he or she elects to prevent disclosure as provided for in WAC 495D-280-070.

     (4))) "Personally identifiable" means the following information about students or family members:

     (a) Student information:

     (i) Name;

     (ii) Address;

     (iii) Telephone numbers;

     (iv) E-mail address;

     (v) Date and place of birth;

     (vi) Level of education;

     (vii) Academic major;

     (viii) Degrees, certificates, and awards received;

     (ix) Eligibility for and participation in officially recognized college activities and organizations;

     (x) Dates of attendance;

     (xi) Educational institution in which the student most recently was enrolled;

     (xii) Full-time or part-time status;

     (xiii) Grades;

     (xiv) Test scores;

     (xv) Medical records;

     (xvi) Specific dates and places of classes in which enrolled;

     (xvii) Personal identifiers such as Social Security number or college student identification numbers;

     (xviii) Other personally identifying characteristics which would make the student's identity easily traceable;

     (xix) Photograph.

     (b) Family information:

     (i) Names of parents or other family members;

     (ii) Parents or other family members' addresses.

     (4) "Directory information" includes the following student information:

     (a) Name;

     (b) Academic major;

     (c) Degrees, certificates, and awards received;

     (d) Eligibility for and participation in official activities and organizations;

     (e) Dates of attendance;

     (f) Full-time or part-time status.

     (5) "Solomon amendment" information is student information provided to military recruiters for recruitment purposes in accordance with federal statute, and includes the following:

     (a) Name;

     (b) Address;

     (c) Telephone numbers;

     (d) Date and place of birth;

     (e) Level of education;

     (f) Academic major;

     (g) Degrees, certificates, and awards received;

     (h) Educational institution in which the student most recently was enrolled.

     (6) "Written consent" means a written authorization for disclosure of student education records which is((:

     (a) Signed;

     (b) Dated;

     (c) Which specifies the records to be disclosed; and

     (d) Which)) signed by the student (or parent if the student is under the age of eighteen and is attending Otteson High School), dated, specifying the records to be disclosed, and specifies to whom disclosure is authorized.

     (((5) "Personally identifiable" means data or information which includes: The name of the student, the student's parent(s), or other family members; a personal identifier such as the student's Social Security number or student number; or a list of personal characteristics which would make the student's identity easily traceable.))

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-015, filed 7/16/92, effective 8/16/92.]

Lake Washington Technical College will notify students of their rights under the Family Educational Rights and Privacy Act of 1974 by publication in the college catalog and quarterly schedule of courses.      The college shall make available upon request a copy of the policy governing release of student records.      In addition, the college shall post at conspicuous places on the campus information regarding the existence of this policy and of the availability of copies.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-020, filed 7/16/92, effective 8/16/92.]

(1) Students may inspect and review their education records upon request to the appropriate college official as designated in WAC 495D-280-110.

     (2) Students must submit to the appropriate college official a written request ((which)) that identifies as precisely as possible the record or records he or she wishes to inspect.

     (3) The appropriate college official will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected.      Access must be given in forty-five days or less from the receipt of the request.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-030, filed 7/16/92, effective 8/16/92.]

(1) ((Disclosure of education records.      In addition to "directory information")) The college may, at its discretion, make disclosures from education records of students to the following listed parties:

     (a) College officials including college administrative and clerical staff, faculty, and students officially elected or appointed to the associated student((s)) government of Lake Washington Technical College or employed by the college((.      Access or release of records to the above is permissible only when the information is required for advisement, counseling, recordkeeping, reporting, or other legitimate educational interest consistent with their specific duties and responsibilities)), including contractors such as the National Student Loan Clearinghouse;

     (b) To officials of another school in which the student seeks or intends to enroll;

     (c) To authorized federal, state, or local officials as required by law;

     (d) In connection with financial aid for which the student has applied or received;

     (e) To appropriate parties in a health or safety emergency;

     (f) To accrediting organizations to carry out their functions;

     (g) The disclosure is to parents, as defined in Section 99.3, of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986.

     (h) To parents of an eligible student who claim the student as a dependent for income tax purposes; ((and

     (h))) (i) To comply with a judicial order or a lawfully issued subpoena;

     (j) To military recruiters authorized to obtain specific information under the Solomon Amendment;

     (k) To a victim of an alleged perpetrator of a crime of violence or a nonforcible sex offense.

     (2) The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than ((the above)) those listed in subsection (1) of this section.

     (3) ((Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student.      The college is not precluded from permitting third party disclosure to other parties listed in (a) through (h) of this subsection.)) "Directory information" may be disclosed at the discretion of the college and without the consent of the student, unless he or she elects to prevent disclosure. Students who wish to prevent disclosure will file a written request with the registrar. The request continues in effect according to its terms unless revoked in writing by the student.

     (4) "Solomon Amendment" information, as defined in 7.P.23, may be released to military recruiters authorized to obtain specific information for recruitment purposes. Release of this information applies to students seventeen years and older and does not apply to students with previous military experience or to students who have filed a request to prevent disclosure of "directory information."

     (5) "Personally identifiable" information, other than that defined as "releasable," "directory information," or "Solomon Amendment" information shall not be released, except as specifically requested by the student (or parents in the case of Otteson High School students under the age of eighteen).

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-040, filed 7/16/92, effective 8/16/92.]

(1) When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.

     (2) Lake Washington Technical College reserves the right to refuse to permit a student to inspect the following records:

     (a) The financial statement of the student's parents;

     (b) Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975;

     (c) Records connected with an application to attend Lake Washington Technical College if that application was denied; and

     (d) Those records which are excluded from the Federal Rights and Privacy Act definition of education records, and not otherwise available for inspection under the Washington Public Records Act, chapter 42.17 RCW.

     (3) Lake Washington Technical College reserves the right to deny transcripts or copies of records not required to be made available by the Federal Educational Rights and Privacy Act in any of the following situations:

     (a) The student has an unpaid financial obligation to the college;

     (b) There is an unresolved disciplinary action against the student.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-050, filed 7/16/92, effective 8/16/92.]

(1) The college shall maintain a record of requests for and disclosures of personally-identifiable information in the education records of each student.      The record maintained under this section shall be available for inspection and review as provided in WAC 495D-280-050.

     (2) The college shall maintain the record with the education records of the student as long as the records are maintained.

     (3) The record must include:

     (a) The names of parties who have received personally identifiable information;

     (b) The interest the parties had in requesting or obtaining the information; and

     (c) The names and interests of additional parties to which the reviewing educational agency or institution may disclose or redisclose the information.

     (4) The following parties may inspect the record of requests and disclosures relating to a student:

     (a) The student;

     (b) The college officials who are responsible for the custody of the records; and

     (c) Persons authorized to audit the recordkeeping procedures of the college.

     (5) The college is not required to maintain a record if the request was from, or the disclosure was to:

     (a) The student;

     (b) A school official;

     (c) A party with written consent from the student; ((or))

     (d) A party seeking directory information; or

     (e) A school official, or an entity which qualifies as an employee of the college (e.g., National Student Loan Clearinghouse).

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-060, filed 7/16/92, effective 8/16/92.]

Students have the right to request to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights.      Following are the procedures for the correction of records:

     (1) A student must submit a written request to amend his or her education record to the appropriate college official responsible for the custody of the record as designated in WAC 495D-280-110.      The request must identify the part of the record he/she wants changed and specify why the record is believed to be inaccurate, misleading or in violation of his or her privacy or other rights.

     (2) A student whose request for amendment of his or her education record has been denied may request a hearing by submitting a written request to the ((administrator)) vice-president of student services or designee within ten days following the denial.      The written request must be signed by the student and shall indicate the reasons why the records should be amended.      The ((administrator)) vice-president of student services or designee shall notify the student of the hearing within thirty days after receipt of a properly filed request.      In no case will the notification be less than ten days in advance of the date, time, and place of the hearing.

     (3) The hearing shall be a brief adjudicative proceeding as provided in RCW 34.05.482 and 34.05.485 through 34.05.494 and shall be conducted by the ((administrator)) vice-president of student services or ((other appropriate administrator)) designee.      At the hearing, the student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records.      ((The student may be assisted by)) One or more individuals may assist the student, including an attorney.

     (4) The ((administrator)) vice-president of student services or ((other appropriate administrator)) designee will prepare a written decision, within thirty days after the conclusion of the hearing, based solely on the evidence presented at the hearing.      The decision will include a summary of the evidence presented and the reasons for the decision.      A copy of the decision shall be made available to the student, based on the student's evidence presented at the hearing.

     (5) If the ((administrator)) vice-president of student services or ((other appropriate administrator)) designee decides the information is inaccurate, misleading, or in violation of the student's right of privacy, the custodian of the record will amend the record and notify the student, in writing, that the record has been amended.

     (6) If the ((administrator)) vice-president of student services or ((other appropriate administrator)) designee decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, ((the committee will notify)) the student will be notified in writing that the student has a right to place in the record a rebuttal statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

     (7) The student's rebuttal statement will be maintained as part of the student's education records as long as the contested portion is maintained.      If the contested portion of the education record is disclosed, the statement will also be disclosed.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-080, filed 7/16/92, effective 8/16/92.]

Copies of student records shall be made at the expense of the requesting party at ((actual cost for copying as posted at the registration office)) the appropriate cost as determined by college procedure.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-090, filed 7/16/92, effective 8/16/92.]

A student may waive any of his or her rights under this chapter by submitting a written, signed, and dated waiver to the ((office of the registrar)) admissions and registration office.      Such a waiver shall be specific as to the records and persons or institutions covered.      A waiver continues in effect according to its terms unless revoked in writing which is signed and dated.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-100, filed 7/16/92, effective 8/16/92.]

Types	Location	Custodian
Admission, Testing	Admissions Office	((Administrator of
Records		Student Services)) Registrar
Cumulative Academic((,)) and	Registration Office	((Assistant)) Registrar
Registration Records
Payment of Tuition	Accounting Office	Director of
Records		Accounting
		Services
Student Government	((SAC)) Associated Student Government Office	Secretary
Participation Records
Financial Aid, Student	Financial Aid Office	((Supervisor)) Director of Financial Aid
Employment Records

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-110, filed 7/16/92, effective 8/16/92.]

A student may file a written complaint with the United States Department of Education regarding an alleged violation of the Federal Education Rights and Privacy Act.      The address is:

     Family Policy and ((Regulations)) Compliance Office

     U.S. Department of Education

     400 Maryland Avenue S.W.

     Washington, D.C. 20202

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-280-120, filed 7/16/92, effective 8/16/92.]

     The following section of the Washington Administrative Code is repealed:

WAC 495D-280-070

Disclosure of directory information.

OTS-4183.1

AMENDATORY SECTION(Amending WSR 92-15-081, filed 7/16/92, effective 8/16/92)

WAC 495D-120-010
Student conduct code -- Definitions.

The definitions set forth in this section apply throughout this chapter.

     (1) "Board" means the board of trustees of College District 26.

     (2) "College" means Lake Washington Technical College.

     (3) "Liquor" means the definition of liquor as contained within RCW 66.04.010.

     (4) "Drugs" means a narcotic drug as defined in RCW 69.50.101, a controlled substance as defined in RCW 69.50.201 through 69.50.212, or a legend drug as defined in RCW 69.41.010.

     (5) "College facilities" means the real property controlled or operated by the college and includes all buildings and appurtenances affixed thereon or attached thereto.

     (6) "President" means the chief executive officer of the college appointed by the board of trustees.

     (7) "Disciplinary official" means the instructor or administrator who takes disciplinary action as authorized in this chapter.

     (8) "Student" means a person who is enrolled at the college.

     (9) "Disciplinary action" means one or more of the ((actions)) sanctions described in WAC 495D-120-120.

     (10) "Good standing" means that the student is currently enrolled in the college, has no restrictions on the use of college facilities and/or services, is eligible to participate in college activities, and is not under any current disciplinary or academic sanctions.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-010, filed 7/16/92, effective 8/16/92.]

(1) Lake Washington Technical College is ((maintained)) operated by the state of Washington ((for the provision of)) to provide programs of instruction in higher education and related community services.      Like any other institution having its own special purposes, the college must maintain conditions conducive to the effective performance of its functions.      Consequently, it has special expectations regarding the conduct of the various participants in the college community.

     (2) Admission to the college carries with it the prescription that the student will conduct himself or herself as a responsible member of the college community.      This includes an expectation that the student will obey appropriate laws, will comply with the rules of the college and its departments, and will maintain a high standard of integrity and honesty.

     (3) ((Sanctions for)) Violations of college rules or conduct that interferes with the operation of college affairs will be dealt with by the college, and the college may impose sanctions independently of any action taken by civil or criminal authorities. In the case of ((minors)) students under the age of eighteen who attend Otteson High School or are dependent students, misconduct may be referred to parents or legal guardians (if the student attends Otteson High School).

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-020, filed 7/16/92, effective 8/16/92.]

All rules in this chapter concerning student conduct and discipline apply to every student enrolled at the college whenever the student is engaged in or present at a college-related activity whether occurring on or off college facilities.

     (1) Off-campus conduct. When a student violates the student conduct code by an offense committed off campus that is not associated with a college-connected activity, the disciplinary authority of the college will not be used merely to duplicate the penalty involved for such an act under applicable ordinances and laws.

     (2) The college will take disciplinary action against a student for such an off-campus offense only when the nature of the offense is such that, in the judgment of the vice-president of student services, the student's conduct is likely to interfere with the educational process, the orderly operation of the college, or the student presents an imminent danger to college property or to himself or herself or other persons on or off campus.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-030, filed 7/16/92, effective 8/16/92.]

Disciplinary action may be taken for a violation of any provision of this student code, for a violation of other college rules which may from time to time be properly adopted, or for any of the following types of misconduct:

     (1) ((Smoking is prohibited in all enclosed college facilities and other areas so posted by college officials;

     (2) The possession, use, sale, or distribution of any alcoholic beverage or illegal drug on the college campus is prohibited, except as specifically provided for by board policy.      The use of illegal drugs by any student attending a college-sponsored event is also prohibited, even though the event does not take place at the college.      The use of alcohol by any student attending such events on noncollege property shall conform to state law;

     (3) Engaging in lewd, indecent, or obscene behavior;

     (4) Where the student presents an imminent danger to college property or to himself or herself or other students or persons in college facilities on or off campus, or to the education process of the college;

     (5) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college;

     (6) The intentional making of false statements or filing of false charges against the college and members of the college community;

     (7) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification with the intent to defraud;

     (8) Theft from or damage to college premises or property, or theft of or damage to property of a member of the college community or college premises;

     (9) Failure to comply with the direction of college officials acting in the legitimate performance of their duties;

     (10) Possession of firearms, licensed or unlicensed, except where possessed by commissioned police officers as prescribed by law[.][;]

     (11) Failure to comply with a college rule or policy, as set forth in the Lake Washington Technical College Policies and Procedures Manual;

     (12) Failure to comply with college attendance policy as published in the current edition of the Student Handbook;

     (13) Retaliation upon witnesses or accusers under this chapter.

     The Lake Washington Technical College Policies and Procedures Manual and Student Handbook are available during normal business hours for review in the college's library.)) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college;

     (2) Attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this code shall be considered to be the same extent as completed violations;

     (3) Breaching campus safety or security, to include, but not be limited to:

     (a) Unauthorized access to college facilities; intentionally damaging door locks; unauthorized possession of college keys or access cards; duplicating college keys or access cards; or propping open of exterior doors;

     (b) Tampering with fire safety equipment such as fire extinguishers, smoke detectors, alarm pull stations or emergency exits;

     (c) Placement of equipment or vehicles (including bicycles) so as to obstruct the means of access to/from college buildings;

     (4) Disorderly conduct. Conduct that is disorderly, lewd, indecent or a breach of peace on college premises or at college-sponsored activities;

     (5) Disruptive activity. Participation in promoting disruptive activity that would interfere with teaching, research, disciplinary proceedings or other college activities. Such activity may include, but is not limited to, classroom behavior that seriously interferes with either:

     (a) The instructor's ability to conduct the class; or

     (b) The ability of other students to profit from the instructional program;

     (6) Failure to appear for a college disciplinary proceeding to respond to allegations or to testify as a witness when reasonably notified to do so;

     (7) Failure to comply with college attendance policy as published in the current edition of the Student Handbook or course syllabi;

     (8) Failure to comply with a college rule or policy, as set forth in the Lake Washington Technical College Policies and Procedures Manual;

     (9) Failure to comply with the direction of college officials acting in the legitimate performance of their duties;

     (10) False statements. The intentional making of false statements or filing of false charges against the college, its employees, and members of the college community;

     (11) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification with the intent to defraud;

     (12) Harassment, including conduct (physical, verbal, graphic, written, or electronic) that is sufficiently severe, pervasive or persistent so as to threaten an individual or limit the ability of an individual to work, study or participate in the activities of the college;

     (13) Illegal use of alcoholic beverages. The possession, use, sale, or distribution of any alcoholic beverage or illegal drugs on the college campus except as specifically provided for by board policy. The use of illegal drugs by any student attending a college-sponsored event is also prohibited, even though the event does not take place at the college. The use of alcohol by any student attending such events on noncollege property shall conform to state law;

     (14) Illegal use or possession of weapons. The unauthorized use, possession or storage of any weapons, fireworks or explosives on college premises or at any college-sponsored activity. The term weapon may be defined as any object or substance designed to inflict a wound, cause injury, or incapacitate. Weapons may include, but are not limited to, all firearms (whether lawfully or unlawfully possessed), pellet guns, slingshots, martial arts devices, switchblade knives and clubs;

     (15) Imminent danger. Where the student presents an imminent danger to college property or to himself or herself or other students or persons in college facilities on or off campus, or to the education processes of the college;

     (16) Interference with the discipline code. Action or conduct that hinders, obstructs or otherwise interferes with the implementation of this discipline code;

     (17) Interruption of instructional programs (see policy 6.P.39);

     (18) Misuses of information technology. Failure to comply with laws, license agreements, and contracts governing network, software and hardware use. Abuse of communal resources. Use of computing resources for unauthorized commercial purposes or personal gain. Failure to protect passwords or use of computer accounts. Breach of computer security, harmful access or invasion of privacy; use of another's password or identity, or use of anonymous or fictitious e-mail addresses;

     (19) Physical abuse, including attempting or causing injury to an individual. Causing or threatening physical contact with another when the person knows or should reasonably believe that the other will regard the contact or threat as offensive or provocative;

     (20) Sexual assault/rape, including the oral, anal, or vaginal penetration by a sexual organ of another or anal/vaginal penetration by any means against the victim's will or without his/her consent. An individual who is mentally incapacitated, unconscious, or unaware that the sexual assault is occurring is considered unable to give consent. The type of force employed may involve physical forces, coercion, intentional impairment of an individual's ability to appraise the situation through the administering of any substance or threat of harm to the victim;

     Sexual abuse, including attempting or making sexual contact, including, but not limited to, inappropriate touching or fondling against the person's will, or in circumstances where the person is physically, mentally or legally unable to give consent;

     (21) Smoking. Smoking in all enclosed college facilities and other areas so posted by college officials;

     (22) Stalking, including any repeated conduct directed specifically at another person that causes that person (or a member of that person's family or household) to fear for his/her safety. Such conduct includes following another person and acts that threaten or intimidate another person through fear of bodily injury or death of self or members of that person's family or household or an offense being committed against that person's property;

     (23) Theft and damage. Theft from or damage to college premises or property, or theft of or damage to property of a member of the college community or college premises;

     (24) Unacceptable use of college facilities and equipment;

     (25) Violation of laws. Violation of any law of the United States, law of the state of Washington, or municipal or county ordinance;

     (26) Witness retaliation. Retaliation upon witnesses or accusers under this chapter.

[Statutory Authority: RCW 28B.50.140.      00-03-031, § 495D-120-040, filed 1/12/00, effective 2/12/00; 92-15-081, § 495D-120-040, filed 7/16/92, effective 8/16/92.]

Any student found to have violated chapter 69.50 RCW, the Uniform Controlled Substances Act, or chapter 69.41 RCW, legend drugs, by virtue of a criminal conviction or by final decision of the college president or designee shall, in lieu of or in addition to any other disciplinary action which may be imposed, be disqualified from participation in any school-sponsored student events or activities.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-045, filed 7/16/92, effective 8/16/92.]

In accordance with provisions contained in RCW 28B.10.571 and 28B.10.572:

     (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty, staff member, or student of the college who is in the peaceful discharge or conduct of his or her duties or studies.

     (2) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty, staff member, or student of the college who is in the peaceful discharge of his or her duties or studies.

     (3) The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any administrator ((or)), faculty, or staff member who is engaged in the reasonable exercise of their disciplinary authority.

     (4) Any person or persons who violate the provisions of subsections (1) and (2) of this section will be subject to disciplinary action and referred to the authorities for prosecution.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-050, filed 7/16/92, effective 8/16/92.]

The president or designee is authorized in the instance of any event that he or she deems impedes the movement of persons or vehicles or which he or she deems to disrupt the ingress or egress of persons from the college facilities, to prohibit the entry of, or withdraw the license of, or privileges of a person or persons or any group of persons to enter onto or remain upon any portion of the college facility.      The president may act through the vice-president administrative services or any other person he or she may designate.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-060, filed 7/16/92, effective 8/16/92.]

For the purpose of determining whether probable cause exists for the application of any section of this code to any behavior by any person on a college facility, any college personnel or other authorized personnel may demand that any person on college facilities produce identification and/or evidence of student enrollment at the college by tender of that person's student identification card, registration schedule, and/or receipt for payment of fees for a current course.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-070, filed 7/16/92, effective 8/16/92.]

(1) Honest assessment of student performance is of crucial importance to all members of the academic community.      Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:

     (a) It is the responsibility of the college administration and teaching faculty to provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty which occur at the college.

     (b) Any student who, for the purpose of fulfilling any assignment or task required by a faculty member as part of the student's program of instruction, shall knowingly tender any work product that the student fraudulently represents to the faculty member as the student's work product, shall be deemed to have committed an act of academic dishonesty.      Acts of academic dishonesty shall be cause for disciplinary action.

     (c) Any student who aids or abets the accomplishment of an act of academic dishonesty, as described in (b) of this subsection, shall be subject to disciplinary action.

     (d) An instructor may adjust the student's grade on a particular project, paper, test, or class for academic dishonesty.      This section shall not be construed as preventing an instructor from taking immediate disciplinary action when the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom.

     (2) Instructors have the authority to take whatever summary actions may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

     (a) Any student who, by any act of misconduct, substantially disrupts any college class by engaging in conduct that renders it difficult or impossible to maintain the decorum of the faculty member's class shall be subject to disciplinary action.

     (b) The instructor of each course offered by the college is authorized to take such steps as may be necessary to preserve order and to maintain the effective cooperation of the class in fulfilling the objectives of the course; provided that; a student shall have the right to appeal such disciplinary action to the supervisor of the instructor imposing disciplinary action.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-080, filed 7/16/92, effective 8/16/92.]

(1) Hazing is prohibited.

     (2) 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.

     (3) Penalties.

     (a) Any student organization, association or club that knowingly permits hazing shall:

     (i) Be liable for harm caused to persons or property resulting from hazing and

     (ii) Be denied recognition by Lake Washington Technical College as an official organization, association, or club on this campus.      If the organization, association, or club is a corporation, whether for profit or non-profit, the individual directors of the corporation may be held individually liable for damages.

     (b) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for (a period of one year).

     (c) Forfeiture of state-funded grants, scholarships, or awards may include permanent forfeiture, based upon the seriousness of the violations.

     (d) The student ((code of)) conduct code may be applicable to hazing violations.

     (e) Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021.

     (4) Sanctions for impermissible conduct not amounting to hazing.

     (a) Impermissible conduct associated with initiation into a student organization or club or any pastime or amusement engaged in, with respect to the organization or club, will not be tolerated.

     (b) Impermissible conduct which does not amount to hazing may include conduct which causes embarrassment, sleep deprivation or personal humiliation, or may include ridicule or unprotected speech amounting to verbal abuse.

     (c) Impermissible conduct not amounting to hazing is subject to any sanctions available under the student ((code of)) conduct code, depending upon the seriousness of the violation.

[Statutory Authority: RCW 28B.50.140.      96-07-049, § 495D-120-085, filed 3/18/96, effective 4/18/96.]

(1) Student organizations officially recognized by the college may invite speakers to the campus to address their own membership and other interested students and faculty if suitable space is available and there is no interference with the regularly scheduled program of the college.      Although properly allowed by the college, the appearance of such speakers on the campus implies neither approval nor disapproval of them or their viewpoints.      In case of speakers who are candidates for political office, equal opportunities shall be available to opposing candidates if desired by them.      Speakers are subject to the normal considerations for law and order and to the specific limitations imposed by the state constitution which prohibits religious worship, exercise or instruction on state property.

     (2) In order to insure an atmosphere of open exchange and to insure that the educational objectives of the college are not obscured, the president or designee, in a case attended by strong emotional feeling, may prescribe conditions for the conduct of the meeting, such as requiring a designated member of the ((faculty)) college community as chair, or requiring permission for comments and questions from the floor.      Likewise, the president or designee may encourage the appearance of one or more additional speakers at any meeting or at a subsequent meeting so that other points of view may be expressed.      The president may designate representatives to recommend conditions such as time, manner, and place for the conduct of particular meetings.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-090, filed 7/16/92, effective 8/16/92.]

(1) Handbills, leaflets, newspapers, and similar materials may be sold or distributed free of charge by any student or students, or by members of recognized student organizations, or by college employees on or in college facilities at locations specifically designated by the appropriate administrator; provided such distribution or sale does not interfere with the ingress or egress of persons or interfere with the free flow of vehicular or pedestrian traffic.

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

     (3) All nonstudents shall register with the director of campus services or designee prior to the distribution of any handbill, leaflet, newspaper, or related matter.      Such distribution or sale must not interfere with the free flow of vehicular or pedestrian traffic.

     (4) Any person or persons who violate provisions of subsections (1) and (2) of this section will be subject to disciplinary action.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-100, filed 7/16/92, effective 8/16/92.]

(1) College facilities will not be used for a commercial solicitation, advertising, or promotional activities except when such activities:

     (a) 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

     (b) Are conducted under the sponsorship or at the request of the college, or the office of the associated students of the college if such solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic.

     (2) College facilities, equipment, and supplies may not be used by students for personal commercial gain.

     (3) For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 495D-120-100.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-110, filed 7/16/92, effective 8/16/92.]

((The definitions set forth in this section apply throughout this chapter.

     (1) Verbal warning means oral notice of violation of college rules.

     (2) A written warning is a reprimand which indicates to the student that continuation or repetition of the specific conduct involved or other misconduct will result in one or more serious disciplinary actions described below.

     (3) Probation means formal action placing conditions upon the student's continued attendance because of violation of college rules or failure to satisfy the college's expectations regarding conduct.      The disciplinary official placing the student on probation will specify, in writing, the period of probation and the conditions, such as not missing any class sessions or turning in on time all work assigned.      Probation warns the student that any further misconduct will automatically raise the question of termination of enrollment at the college.      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.

     (4) Summary suspension means temporary dismissal from the college and temporary termination of a student's status for a period of time not to exceed ten days which occurs prior to invocation of the formal hearing procedures specified in these rules due to a necessity to take immediate disciplinary action, where a student presents an imminent danger to the college property, or to himself or herself or other students or persons in college facilities on or off campus, or to the educational process of the college.

     (5) Suspension means dismissal from the college and termination of a student's status, other than a summary suspension, for a specified period of time not exceeding one term.

     (6) Termination means dismissal from the college and termination of student status for violation of college rules or for failure to meet the college standards of conduct for an indefinite period of time or permanently.

     (7) Monetary fine or restitution: A written order, alone or combined with another disciplinary action, requiring the student to pay, within a stated time limit, appropriate restitution for a financial loss caused by the student's misconduct and/or monetary fine not exceeding one quarter's tuition.      Failure to pay shall be cause for further disciplinary action and/or cancelling and barring the student's registration.)) Student conduct sanctions are categorized as primary and secondary. More than one primary sanction or any combination of primary sanctions and secondary sanctions may be imposed for any single violation. Once a student has been finally assessed a disciplinary sanction, however, no more severe primary sanctions may be assessed against him or her by any higher college authority.

     (1) Primary sanctions (in order of severity):

     (a) Expulsion: Separation of the student from the college whereby the student is not eligible for readmission to the college.

     (b) Dismissal: Separation of the student from the college for an indefinite period of time. Readmission to the college may be possible in the future, but no specific time for a decision is established.

     (c) Suspension: Separation of the student from the college for a definite period of time. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission.

     (d) Deferred suspension: The sanction of suspension may be placed in deferred status. If the student is found in violation of any college rule during the time of deferred suspension, the suspension takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation also may be taken. A student who has been issued a deferred suspension sanction is deemed "not in good standing" with the college. A student who is not in good standing is subject to the following restrictions:

     (i) Ineligibility to hold an office in any student organization recognized by the college or to hold any elected or appointed office of the college.

     (ii) Ineligibility to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation.

     (iii) Ineligibility to receive a college-administered scholarship when the length of the deferred suspension is greater than one quarter. Some scholarships adhere to more strict guidelines, and, therefore, ineligibility may result from a lesser length of deferred suspension. This sanction implies a serious offense and must be uniformly applied by the office administering the scholarship upon notification by the college disciplinary officer.

     (iv) Additional restrictions or conditions also may be imposed, depending on the nature and seriousness of the misconduct.

     (e) Conduct probation: An official warning that the student's conduct is in violation of Lake Washington Technical College Student Conduct Code, but is not sufficiently serious to warrant expulsion, dismissal or suspension. A student on conduct probation is deemed "not in good standing" with the college.

     (f) Letter of enrollment block: A letter stating that the student may not reenter Lake Washington Technical College without prior approval by the office of the vice-president for student services if enrollment has been blocked for a previous student conduct problem or for medical reasons.

     (g) Letter of reprimand: A letter that makes a matter of record any incident that reflects unfavorably on the student or the college.

     (h) Warning: Admonition of a student for actions unbecoming to the college community.

     (2) Secondary sanctions (no order of severity is established for secondary sanctions):

     (a) Community/college service: A student may be offered an opportunity to complete a specified number of hours of community/college service in lieu of other sanctions. The type of community/college service must be approved by the hearing officer.

     (b) Educational requirements: A provision to complete a specific educational requirement directly related to the violation committed. The provisions include, but are not limited to, completion of an alcohol education workshop, a diversity awareness workshop, essays, reports, etc.

     (c) Restrictions: The withdrawal of specified privileges for a definite period of time, but without the additional stipulations contained in the imposition of conduct probation. The restrictions involved will be clearly defined.

     (d) Restitution: A payment for financial injury to an innocent party in cases involving theft, destruction of property or deception. The assessed costs to be paid may be in addition to receipt of any of the above sanctions.

     (e) Loss of parking privileges on campus: Revocation of parking privileges.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-120, filed 7/16/92, effective 8/16/92.]

(1) Any college ((instructor)) faculty or administrator, except the president and the vice-president who would hear any appeal, may take any of the disciplinary actions defined in WAC 495D-120-120, except that only ((an administrator or)) the president, a vice-president, or designee may expel, dismiss, or suspend ((or terminate)) a student from the college ((for more than ten days)).      Before taking the action, the disciplining official ((ordinarily should)) will notify his/her supervisor and meet or attempt to meet with the student to explain the seriousness of the matter and hear any explanation by the student.

     (2) The student should be given written notice of any disciplinary action except a verbal warning.      Such written notice shall be either delivered personally or mailed by first-class mail to the student's last known address.      The notice or warning should advise the student of his/her right to appeal under these rules.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-130, filed 7/16/92, effective 8/16/92.]

(1) ((A student may appeal a disciplinary action by filing, within twenty days after the earlier of personal delivery or mailing of notice of the disciplinary action, a written application for a brief or formal adjudicative proceeding.      This application may, but need not, explain the student's position and/or be on a form provided under WAC 495D-108-040.      The application shall be filed with either the vice-president for instructional services or vice-president for administrative services, but should not be filed with a vice-president who has primary managerial responsibility for the disciplining official.

     (2) The vice-president receiving the application for an adjudicative proceeding may refer it for initial review by a supervisor of the disciplining official within a time deadline not exceeding twenty days set by the vice-president.      In that optional review, the supervisor should meet or attempt to meet with the student, the disciplining official, and anyone else deemed to have information necessary for the supervisor's review.      The supervisor should file with the vice-president and serve on the student, within the established deadline, a written report.

     (3) Unless the discipline is rescinded or the student confirms in writing his/her withdrawal of the application for an adjudication, the vice-president shall conduct an adjudicative proceeding, and shall be its presiding officer.      This shall be a brief adjudicative proceeding unless:

     (a) The vice-president decides to convert the case to a formal adjudicative hearing; or

     (b) The discipline includes some form of dismissal from the college and the student in his/her request for an adjudication specified a formal adjudicative hearing.

     (4) If for any reason the vice-president cannot serve as presiding officer, the president or president's designee shall designate the replacement presiding officer.      Disqualification of a presiding officer shall be as provided in RCW 34.05.425.

     (5) The matter shall be heard by the presiding officer de novo.

     (6) Failure to participate or cooperate in the proceeding may be taken into consideration by the presiding officer and shall not preclude the presiding officer from making a decision.      This shall not limit the possibility of a default under RCW 34.05.440.

     (7) No attorney representative of any party may participate in a meeting or hearing unless he/she has filed with the presiding officer and served on all other parties, at least five days previously, a notice of appearance.      In the event of such notice, any other party may also have counsel.

     (8) The presiding officer may exclude from a meeting or hearing any person whose conduct is disruptive.

     (9) The presiding officer and, subsequently, a reviewing officer, may affirm, modify, or reverse the disciplinary action.)) Definitions:

     (a) Academic action: Action taken by the college regarding student grades, instructional decisions regarding student progress, student attendance, and/or academic status.

     (b) Disciplinary action: Action taken by the college for student violations of college rules, policies and procedures, the student conduct code, or applicable federal, state, county, or municipal laws.

     (c) Grievance: A student appeal of a decision of the college, including those made by faculty, staff, and administration or the actions of another student.

     (d) Levels of appeal/grievance: Five levels of the student appeals/grievance process in which resolution is considered by college faculty, staff and administration.

     (e) Judicial board: A board consisting of two faculty, two administrators, and two students. The judicial board will hear appeals/grievances at appropriate times in the judicial process and make recommendations to the appropriate vice-president as to resolution.

     (2) Filing of appeals or grievances:

     (a) Students may appeal an action of the college or grieve the actions of the college, its staff, or another student, by filing an appeal/grievance with the appropriate vice-president within twenty working days, except for grade appeals, from the moment when the student had knowledge of the college action or grievable action. The appeal/grievance shall be filed with the vice-president of instructional services regarding academic actions, with the vice-president of administrative services for administrative and business service issues, and with the vice-president of student services for other student matters. A student is deemed to have notice three working days after any notice is mailed to the student's last address on record with the college.

     (b) Grade appeal. If there is tangible evidence that an improper grade was given, a student must appeal directly to the instructor within sixty days of the official ending date of the quarter unless there are extenuating circumstances. Students planning to appeal a grade should retain all tests, paper, projects and other evidence they may have to support the appeal. The standard of review for grade appeals is whether the instructor was arbitrary and capricious. If the grade appeal is based on alleged academic dishonesty, the standard of review is a preponderance of the evidence.

     (c) The appropriate vice-president shall attempt to have the grievance resolved at the lowest level possible, beginning with the student and the college individual involved with the academic action or student discipline or, in the case of a grievance, between the student and the person involved in the grievance. Students may have an advocate present during the appeals process. Mediation may be employed at any time in the appeals/grievance process. Resolution of the appeal/grievance at any level constitutes closure, at the college level, of the appeal/grievance. When resolution is achieved, a written agreement to that effect will be executed. Where violations of federal, state, or local statutes are alleged to have occurred, students may also be subject to additional actions in the courts.

     (d) No attorney representative of any party may participate in a meeting or hearing unless he/she has filed with the presiding officer and served on all other parties, at least five days previously, a notice of appearance. In the event of such notice, any other party may also have counsel.

     The participation of attorneys will advance grievances to the Level Three stage, or by mutual agreement, to Level Four.

     (3) Level One appeal/grievance:

     Resolution of the appeal/grievance is attempted between the principals. The supervisor of the unit involved with the appeal/grievance is responsible for conducting the Level One process. Level One will be completed within ten working days of the student filing of the appeal/grievance and is conducted informally. A student may elect not to use Level One if he/she feels the direct meeting with the person involved in the appeal/grievance would not be appropriate. A student not satisfied with resolution at Level One may move the appeal/grievance to Level Two.

     (4) Level Two appeal/grievance:

     At Level Two, the unit supervisor will consider the issues in the dispute and render a decision on the issues within ten working days of receipt of the appeal/grievance at Level Two. The supervisor will involve the parties in an attempt to resolve the appeal/grievance. This may include face-to-face meetings, mediation, or other means of resolution. A student may move the appeal/grievance to Level Three, within five working days of the Level Two decision by the supervisor.

     (5) Level Three appeal/grievance:

     At Level Three, the judicial board hears the appeal/grievance. Both parties to the appeal/grievance will have the opportunity to present information to the judicial board. A record of the judicial board's proceedings will be kept, which will entail at a minimum that the proceeding be tape-recorded. All testimony of witnesses and interpreters will be given under oath. The judicial board will conduct its hearing within twenty working days of receipt of the appeal/grievance at Level Three. The appropriate vice-president is responsible for convening the judicial board and ensuring the Level Three process is concluded.

     The judicial board, after hearing the appeal/grievance, shall recommend disposition of the case to the appropriate vice-president. The recommendation will be included in the board's findings of fact and a recommended course of action.

     (6) Level Four appeal/grievance:

     Level Four involves a hearing by the parties before the appropriate vice-president. The vice-president shall consider the recommendations of the judicial board, may take additional testimony from the parties or witnesses, and respond with a decision within ten working days of receipt of the judicial board's recommendations. The vice-president's decision in the matter may be appealed to the college president within ten working days of the student's receipt of the vice-president's decision.

     (7) Level Five appeal/grievance:

     The college president shall review appeals/grievances at Level Five. The president will issue a final decision within ten working days of receipt of the student's appeal of the vice-president's decision at Level Four.

Place illustration here.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-140, filed 7/16/92, effective 8/16/92.]

(1) Refund of fees for the quarter in which disciplinary action is taken shall be in accordance with the college's refund policy.

     (2) A student suspended on the basis of ((misconduct)) conduct, which disrupted the orderly operation of the campus or any facility of the district, may be denied access to all or any part of the campus or other facility.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-170, filed 7/16/92, effective 8/16/92.]

Any student dismissed or suspended from the college for disciplinary reasons will normally be readmitted upon expiration of the time period for which the dismissal or suspension was issued.      If ((the)) a student who has been ((terminated or feels)) dismissed or suspended believes that circumstances warrant reconsideration of ((a)) the dismissal or suspension prior to its expiration((,)); or, if the student was dismissed or suspended with conditions imposed for readmission, the student may be readmitted following approval of a written petition submitted to the ((administrator)) vice-president who imposed such suspension or such other designated administrator ((as may be designated by the executive vice-president for instruction)).      Such petition must state reasons ((which)) that support a reconsideration of the matter.      Before readmission may be granted in any case, a petition must be submitted, reviewed ((by)) in a conference ((between)) with a counselor((, instructor,)) and an administrator, and approved by the ((administrator)) appropriate vice-president.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-180, filed 7/16/92, effective 8/16/92.]

Students who have been expelled, dismissed, or suspended ((or terminated)) pursuant to disciplinary procedures set forth in WAC 495D-120-120 and 495D-120-130 and whose expulsion, dismissal, or suspension ((or termination)) upon appeal is found to have been unwarranted shall be provided the opportunity to reestablish their academic and student standing to the extent possible within the abilities of the college, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action.

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-190, filed 7/16/92, effective 8/16/92.]

Records of all disciplinary and grievance cases shall be kept by the ((disciplinary official taking or initiating the action.      Except in proceedings where the student is exonerated,)) vice-president for student services. All documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved, insofar as possible, for not less than six years.      ((No other records of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's discipline file or other college repository.))

[Statutory Authority: RCW 28B.50.140.      92-15-081, § 495D-120-200, filed 7/16/92, effective 8/16/92.]

     The following sections of the Washington Administrative Code are repealed:

WAC 495D-120-150	Discipline -- Brief adjudicative proceedings.
WAC 495D-120-160	Discipline review -- Formal adjudicative proceedings.

© Washington State Code Reviser's Office