WSR 00-21-096

EXPEDITED ADOPTION

EVERETT COMMUNITY COLLEGE


[ Filed October 18, 2000, 9:37 a.m. ]

Title of Rule: WAC 132E-108-040, 132E-124-010, 132E-133-020, 132E-137-010, 132E-137-020, 132E-276-030, 132E-400-020, 132E-400-030, and 132E-400-040.

Purpose: Housekeeping only.

Statutory Authority for Adoption: RCW 28B.50.140, 34.05.356.

Reasons Supporting Proposal: Changes are for housekeeping purposes only.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Juli Boyington, President's Office, (425) 388-9572.

Name of Proponent: Juli Boyington, President's Assistant, Everett Community College, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Changes to existing rules are housekeeping only. Changes include a new mailing address for the college, administrator title changes and inclusion of new building addresses.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juli Boyington, President's Office, Everett Community College, 2000 Tower Street, Everett, WA 98201-1352 , AND RECEIVED BY 5:00 p.m., December 18, 2000.


October 16, 2000

Juli Boyington

President's Assistant

OTS-4470.1


AMENDATORY SECTION(Amending Order 72-1, filed 2/1/73, effective 3/9/73)

WAC 132E-124-010
Everett ((and Edmonds Community College)) -- State of educational freedom.

The board of trustees of Washington Community College District V, acting in accordance with the responsibilities imposed upon us by the law of the state, herein takes notice that the college has prudently and effectively maintained a policy guaranteeing educational freedom to the faculty and to those it serves. The board of trustees sets forth the following statement as policy:

(1) We, the board of trustees of Washington Community College District No. 5, are responsible for general supervision of the affairs of Everett Community College ((and Edmonds Community College)). As such, we believe we have a special obligation to vigorously promote the freedoms provided by the democratic processes of our free society. We conceive that central to its very existence is full and free discussion of the controversial issues of our time conducted in a responsible manner.

(2) We believe that freedom of speech and assembly requires a forum wherein students may develop their thoughts and their convictions.

(3) We seek to enlist and maintain a competent faculty whose members subscribe to high standards of professional conduct. We encourage the faculty to assist students in their search for truth in any way consistent with those standards which include an obligation on the part of the instructor to place major emphasis on information and analysis in his field of competence.

(4) We hold that an instructor's unique role in the community is to be specially involved in the objective search for truth. His chief contribution, however, is in the classroom where in order to foster the spirit of responsible, objective inquiry he has freedom to discuss his subject and to lead discussion in any controversial aspects of its content. We hold that an instructor's unique position imposes upon him special obligations.

(a) In his writing and speaking he should seek accuracy.

(b) He should exercise appropriate restraint.

(c) He should show respect for the opinions of others and for freedom of expression among others.

(d) While writing or speaking as a private citizen he should clearly indicate that he is not a college spokesman.

We further believe that when any instructor speaks or writes as a private citizen he is entitled to all the rights of his citizenship and he must assume the responsibility for his own actions.

(5) We encourage inviting to the college speakers who represent diverse points of view. Such speakers are expected to regard this privilege as entailing the same responsibilities and obligations as those faced by instructors. We, moreover, will always assure ourselves that the event is in no way an abuse of that privilege. In the discussion of sensitive issues the board of trustees reserves the right, either by its own act or by delegation, to impose conditions upon these speakers which will insure the opportunity to challenge these views. The trustees further insist that there shall be left no implication by the college of approval or disapproval of either the speakers of their views.

(6) We encourage student organizations which are officially recognized by the college to invite speakers to the campus providing suitable space is available and there is no interference with the regularly scheduled program of the college.

(7) In order to provide an atmosphere of open exchange and to insure that the educational objectives of the college are not obscured, the president may prescribe conditions for the conduct of the meeting in any case which may be attended by extreme emotional feeling. Such action may include designating a member of the faculty to be chairman, and/or requiring permission for comments and questions from the floor. Likewise the president may require the appearance of one or more additional speakers at the meeting in question, or at a subsequent meeting, so that other points of view may be expressed. He shall also prescribe the regulations for the advanced planning of all meetings to be addressed by outside speakers and may designate representatives to recommend conditions for the conduct of particular meetings.

(8) The board of trustees will neither authorize nor tolerate actions by any speaker during a meeting which:

(a) Incite the audience to riot or violate state or federal laws.

(b) Advocate the overthrow, destruction, or alteration of the constitutional form of government of the United States, or of the state of Washington, or any political subdivision of either of them by revolution, force or violence.

(9) The president or his duly delegated representative shall be charged with the responsibility of carrying out and implementing the policy enumerated herein.

[Order 72-1, 132E-124-010, filed 2/1/73, effective 3/9/73.]

OTS-4471.1


AMENDATORY SECTION(Amending WSR 97-24-055, filed 12/1/97, effective 1/1/98)

WAC 132E-133-020
Organization -- Operation -- Information.

(1) Organization. Everett Community College is established in Title 28B RCW as a public institution of higher education. The institution is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administrative office is located at the following address:


President's Office

Everett Community College

((801 Wetmore)) 2000 Tower Street

Everett, WA 98201-1352


The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following addresses:


Everett Community College

Aviation Maintenance Technician School

9711 - 31st Place W.

Building C-80

Paine Field

Everett, WA 98204


Everett Community College

Applied Technology Training Center

2333 Seaway Blvd.

Everett, WA 98204


Everett Community College

School of Cosmetology ((Program))

9315 G State ((Street)) Avenue

Marysville, WA 98270


Everett Community College

Early Learning Center

820 Waverly Avenue

Everett, WA 98201


Everett Community College

Fitness and Sports Center

1220 Rockefeller Avenue

Everett, WA 98201


(3) Information. Additional and detailed information concerning the educational offerings may be obtained from the catalog, copies of which are available at the following address:


Everett Community College

((801 Wetmore)) 2000 Tower Street

Everett, WA 98201-1352

[Statutory Authority: Chapters 34.05 and 28B.50 RCW. 97-24-055, 132E-133-020, filed 12/1/97, effective 1/1/98. Statutory Authority: Chapter 34.05 RCW. 90-09-049, 132E-133-020, filed 4/13/90, effective 5/14/90.]

OTS-4472.1


AMENDATORY SECTION(Amending Order 87-6-5, Resolution No. 87-6-5, filed 6/18/87)

WAC 132E-137-010
General policy covering the use of the facilities.

(1) The parties to this agreement are the Washington State Community College District 5, acting under specific authority granted to its board of trustees by the laws of the state of Washington, to contract for the use of the facility at Everett Community College, hereinafter referred to as the college and the organization contracting to use the college facilities, hereinafter referred to as the licensee.

(2) Before a college facility may be used, this college facility use agreement must be completed and signed by the college president or his designee. Forms may be obtained from the college ((president's)) facilities maintenance office or college student activities office. All information received on agreements not completed at least fourteen school days prior to the date of intended use may be denied. A single use agreement should be made for a series of similar meetings. A separate agreement must be made for each meeting which varies from the series.

(3) The building and grounds of the college are primarily for educational purposes. No other use shall be permitted to interfere with the primary purpose for which these facilities are intended. Facilities shall not be made available for any use which might result in any undue damage or wear. The college reserves the right to reject any application for use of college facilities.

(4) Every possible opportunity will be provided for the use of college facilities by citizens of the district community college service area, provided that the purpose of the meeting is in harmony with public interest and welfare, subject to the laws of the state of Washington and rules and regulations prescribed by the District 5 board of trustees for the operation of the college.

(5) It is the present policy of the college to permit organizations considered closely affiliated with college-related educational purposes to use facilities of the college at the lowest possible charge.

(6) College facilities may be used by other public or private educational institutions only insofar as they meet a community educational need not being fulfilled by the community college district.

(7) The college does not wish to compete with private enterprise. Therefore, the use of buildings for commercial-type entertainment, banquets, luncheons, and money raising events is discouraged.

(8) The college reserves the right to prohibit the use of college facilities by groups, or activities, which are secret, which are of a private nature, or which restrict membership or attendance, in a manner inconsistent with the public and nondiscriminatory character of the college set forth in its written policies and commitments. Subversive organizations as defined and listed by the Attorney General of the United States shall not be eligible to use college facilities.

(9) Use agreements shall not be entered into for any use which, in the judgment of the college may be in any way prejudicial to the best interest of the college or the educational program, or for which satisfactory sponsorship or adequate adult supervision is not provided. Proper police and fire protection shall be provided by the organization when required by the college.

[Statutory Authority: RCW 28B.19.020, 28B.50.140(13) and chapter 28B.50 RCW. 87-14-001 (Order 87-6-5, Resolution No. 87-6-5), 132E-137-010, filed 6/18/87.]

OTS-4474.1


AMENDATORY SECTION(Amending WSR 90-09-005, filed 4/5/90, effective 5/6/90)

WAC 132E-400-020
Suspension procedure -- Right to informal hearing.

Any student notified of a claimed violation of WAC 132E-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the vice-president for ((instruction/))student services within three days of receipt of a declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.

[Statutory Authority: Chapter 69.41 RCW, 1989 amendment. 90-09-005, 132E-400-020, filed 4/5/90, effective 5/6/90.]

OTS-4473.1


AMENDATORY SECTION(Amending Order 88-5-3, Resolution No. 88-5-3, filed 5/19/88)

WAC 132E-276-030
Description of Community College District V.

Community College District V is organized under RCW 28B.50.040. The district operates at Everett Community College, ((801 Wetmore Avenue)) 2000 Tower Street, Everett, Washington 98201-1352, and encompasses the following area:

All of Snohomish County except the Edmonds School District No. 15, and those portions of the Mukilteo School District No. 6, the Northshore School District No. 417, and the Everett School District No. 2 that lie south of 124th Street.

[Statutory Authority: RCW 28B.50.040. 88-12-005 (Order 88-5-3, Resolution No. 88-5-3), 132E-276-030, filed 5/19/88; Order 4393, 132E-276-030, filed 12/28/73, effective 1/30/74.]

OTS-4469.1


AMENDATORY SECTION(Amending WSR 90-09-005, filed 4/5/90, effective 5/6/90)

WAC 132E-400-030
Hearing.

If a timely written request for a hearing is made, the vice-president for ((instruction/))student services shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482 through 34.05.494.

[Statutory Authority: Chapter 69.41 RCW, 1989 amendment. 90-09-005, 132E-400-030, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-005, filed 4/5/90, effective 5/6/90)

WAC 132E-400-040
Decision.

The college official who acts as hearing officer shall issue a written decision which shall include a brief statement of the reasons for the decision and a notice that judicial review may be available. All documents presented, considered, or prepared by the hearing officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the brief adjudicative hearing and in no event later than twenty days after the request for hearing is received by the vice-president for ((instruction/))student services.

[Statutory Authority: Chapter 69.41 RCW, 1989 amendment. 90-09-005, 132E-400-040, filed 4/5/90, effective 5/6/90.]

OTS-4468.1


AMENDATORY SECTION(Amending WSR 90-09-006, filed 4/5/90, effective 5/6/90)

WAC 132E-108-040
Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:


President's Office

Everett Community College

((801 Wetmore)) 2000 Tower Street

Everett, WA 98201-1352


Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

[Statutory Authority: Chapter 34.05 RCW. 90-09-006, 132E-108-040, filed 4/5/90, effective 5/6/90.]

OTS-4475.1


AMENDATORY SECTION(Amending Order 87-6-5, Resolution No. 87-6-5, filed 6/18/87)

WAC 132E-137-020
Licensee's responsibility.

(1) Those wishing to use college facilities must complete the use agreement form and submit it to the college ((president's)) facilities maintenance office or his designee. The licensee shall accept responsibility for any damage done to the college's property. Completion of the college facility use agreement shall constitute acceptance by the licensee of the responsibilities stated herein and willingness to comply with all rules and regulations regarding the use of college facilities as prescribed by the college. If the use of the facility is not as represented on the agreement form, an additional charge may be made. In the event of property damage, the licensee shall accept and pay the college's estimate of the amount of damage. The college may require posting of a bond.

(2) Adult leaders of using organizations shall remain with their groups during all activities, and be responsible for the conduct of their group.

(3) All organizations and groups eligible for waiver of use fee will be required to clean and put in order any facility utilized prior to leaving the facility. Custodial services will be provided by the college. The college reserves the right to charge custodial fees to the licensee, if additional clean up or maintenance is required.

(4) In the event of cancellation, licensee may be required to reimburse the college for preparation expenses.

[Statutory Authority: RCW 28B.19.020, 28B.50.140(13) and chapter 28B.50 RCW. 87-14-001 (Order 87-6-5, Resolution No. 87-6-5), 132E-137-020, filed 6/18/87.]

Washington State Code Reviser's Office