WSR 01-14-016

PERMANENT RULES

WENATCHEE VALLEY COLLEGE


[ Filed June 25, 2001, 11:42 a.m. ]

Date of Adoption: June 6, 2001.

Purpose: Adopt rules: Chapter 132W-131 WAC, Tuition and fees; chapter 132W-134 WAC, Designation of rules coordinator; chapter 132W-141 WAC, Use of college facilities; chapter 132W-168 WAC, Use of library; and chapter 132W-300 WAC, Grievance -- Discrimination.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Adopted under notice filed as WSR 01-10-015 on May [April] 23, 2001.

Changes Other than Editing from Proposed to Adopted Version: Terminology added in WAC 132W-300-060 to provide for investigation of grievance against college president or board of trustees members.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 23, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

June 5, 2001

William Martin

Dean of Administrative Services

Rules Coordinator

NEW CHAPTER

WAC 132W-131

Tuition and Fees
NEW SECTION
WAC 132W-131-010   Tuition and fee schedules.   Chapter 28B.15 RCW sets the parameters for tuition and fee levels at state community colleges. The legislature establishes the tuition and fee rates each biennium. The tuition and fee rates charged by Wenatchee Valley College are based on this legislation. The specific amounts to be charged are transmitted to Wenatchee Valley College by the state board for community college education.

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NEW SECTION
WAC 132W-131-020   Location of schedules.   Additional and detailed information and specific amounts to be charged for each category of students will be found in the class schedule and at the following locations on the Wenatchee Valley College campuses:

(1) The counseling center;

(2) The admission/registration office;

(3) The WVC-North administration office;

(4) The instruction office;

(5) The financial aid office.

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NEW SECTION
WAC 132W-131-030   Tuition and fee waivers.   (1) Wenatchee Valley College may periodically establish tuition and fee waivers as authorized by state law and by the state board for community and technical colleges. This will be done in accordance with chapter 131-28 WAC and under regular college fiscal processes. Information regarding specific waivers will be available as provided in WAC 132W-131-020.

(2) Upon an applicant's request, individual determinations on tuition and fee waivers will be reviewed by the college (registrar), in a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.

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NEW CHAPTER

WAC 132W.134

Rules Coordinator

Reviser's note: The typographical error in the above material occurred in the copy filed by the Wenatchee Valley College and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-134-010   Rules coordinator.   The rules coordinator for Wenatchee Valley College as designated by the president is:

Dean of Administrative Services

Wenatchee Valley College

1300 Fifth St.

Wenatchee, WA 98801

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NEW CHAPTER

WAC 132W-141

Use of Facilities
NEW SECTION
WAC 132W-141-010   Policy statement   The College is committed to providing quality educational and cultural services to the people of the College district. On this basis, College facilities are made available for use by organizations conducting educational, cultural, civic, or community activities. College related activities of public educational, cultural or community service nature shall be given first priority consideration for the use of College facilities. Exemptions to the rental fee must be authorized by the president or designee, if deemed to further the best interests of the College, its faculty, staff or students.

The College reserves the right to deny an application by any group, organization, or individual which discriminates in their membership or limits participation in a manner inconsistent with the College's non-discrimination policy.

College facilities may not be used for religious worship, exercise, or instruction (Washington State Constitution, Article 1, Section 11). College facilities may not be used in ways which interfere with the College's teaching, research, public service or support programs or interfere with the flow of pedestrian or vehicular traffic.

College facilities may be used for activities of a commercial nature or by commercial firms provided that the activity does not conflict with College functions and that charges are levied reflecting the full cost of the facility usage.

The College reserves the right to deny any application or to revoke any permit at any time if actions resulting from such application or permission constitute unlawful activity; or, if in the judgment of the administration, present imminent danger of unlawful activity, or if a prospective user has previously violated the provisions or rules and regulations of the College; or if activities which, in the judgment of the president or designee, conflict with, directly compete with, or are incompatible with the programs or mission of the College.

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NEW SECTION
WAC 132W-141-020   Scheduling   1. College facilities are made available for outside agencies or individuals by scheduling through the room calendar coordinator on each campus with approval by the dean of administrative services. Students must request facility usage with the student programs office, which will schedule requests through room scheduling. Any organization wishing to use college facilities on the college campus shall provide the following information:

a. Name of sponsoring organization;

b. Name of person in charge of arrangements;

c. Number of participating individuals;

d. Nature of proposed meeting;

e. Desired dates and times;

f. Type of facilities desired;

g. Desired special optional equipment or arrangements.

2. If the desired facility is available, a contract for the use of the facility is prepared by the office of the dean of administrative services and is to be completed and returned by the user group representative. Requests for scheduling will normally not be allowed more than two months in advance or beyond the end of the quarter in which a request is made. All applications shall be presented in time to allow consideration by the college board of trustees if needed.

3. No publicity may be released until the college receives copy of the contract signed by the user. Publicity for all non-college sponsored events must include the name of the sponsoring organization. This publicity must not imply Wenatchee Valley College sponsorship.

4. The possession or consumption of alcoholic beverages on college premises or at college-related activities is prohibited except when pre-approved by the board of trustees or the president in accordance with State Board for Liquor Control regulations.

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NEW SECTION
WAC 132W-141-030   Rental fees, additional charges, payment   The following fees and charges are applicable to all non-college use of college facilities.

1. Rental fees include routine custodial services during normal working hours. Any custodial/security/technical services required in addition to the routine service normally provided shall be paid by the user at current rates which may include overtime.

2. User organizations using campus facilities after 10:00 p.m. on weekdays, or on weekends, or college holidays will be charged custodial/security/technical services at current hourly rates of time and one-half for a minimum of two hours.

3. The rental schedule shall apply to by all non-college groups. Exemption and/or reduction in fees are allowed under WAC 132W-141-090. The dean of administrative services is responsible for financial negotiations regarding custodial and rental expenses.

4. The business office prepares and issues Invoices for rental fees and any required guarantee or bond (WAC 132W-141-060). All fees will be made payable to Wenatchee Valley College one week before the use of the facility.

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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.

Reviser's note: The unnecessary underscoring 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.
NEW SECTION
WAC 132W-141-040   Optional services   The user shall arrange food and beverage services in advance with the food services manager. Outside food service is not permitted without prior written approval from the food services manager. For a fee, college-owned audio-visual equipment may be used on campus by any group using college facilities when arranged in advance through college media services.

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NEW SECTION
WAC 132W-141-050   Violation of responsibilities   1. College officials shall have the right to terminate a contract immediately and without notice upon discovery of a violation of any term, condition, or provision of this policy.

2. Contracts will be terminated immediately if, in the judgment of the college administration, imminent danger exists or unlawful activity is practiced by the using organization.

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NEW SECTION
WAC 132W-141-060   Liability   1. The dean of administrative services may require that any user post of an adequate bond, deposit or a certificate of insurance before any rental agreement is consummated.

2. The amount of the insurance for liability and property damage is at the discretion of the dean of administrative services, proof of coverage must be presented to the dean at least fourteen days prior to the date of the event. The college may request it be named as an additional insured on such liability insurance policy or certificate.

3. In consideration of the permission granted to the user of college facilities, the user shall release the college and its agents, employees, or officers from all debts, claims, demands, damages, actions and causes of action whatsoever, which may occur as a result of the use of college facilities. The user shall further agree to protect, indemnify, and hold harmless the district, college, and its agents, employees, and officers from any claims, demands, actions, damages or causes of action directly or indirectly arising out of the use of the facilities or premises. Any group or individual applying for the use of a college facility shall accept financial responsibility and liability. Application for college facility use shall constitute acceptance by said group/individual of the responsibility stated above and willingness to comply with all rules and regulations regarding the use of college facilities.

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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.
NEW SECTION
WAC 132W-141-070   Damages   The user organization is responsible for and shall be liable for any repairs or replacement occasioned or made necessary by negligence or misuse of the facility. Damage to college equipment, including stage, audio-visual, or lighting equipment, during and by reason of the occupancy of the premises by the user, shall be paid from the guarantee deposit. The balance, if any, shall be returned to the organization making the deposit. If the guarantee deposit is not sufficient to cover the damage, the group using the facilities will be billed for the difference.

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NEW SECTION
WAC 132W-141-080   Cancellations   1. Cancellations for facility rentals should be made at least 48 hours in advance. Notice of cancellation must be directed to the Dean of Administrative Services, Wenatchee Valley College, 1300 Fifth Street, Wenatchee, WA 98801-1799, telephone number 509-662-1651 ext. 2133. Failure to cancel at least 48 hours in advance may result in the forfeiture of rental fees.

2. Cancellations for catering services are the responsibility of the applicant and must be made at least 48 hours in advance. Notice of cancellation must be directed to the Food Services Manager, Wenatchee Valley College, 1300 Fifth Street, Wenatchee, WA 98801-1799, telephone number 509-662-1651 ext. 2410. Failure to cancel at least 48 hours in advance may require the user to reimburse the college for preparation and personnel expenses.

3. Cancellations for audio/visual services are the responsibility of the applicant and must be made at least 48 hours in advance. Notice of cancellations must be directed to the Office of Media Services, Wenatchee Valley College, 1300 Fifth Street, Wenatchee, WA 98801-1799, telephone number 509-662-1651 ext. 2802. Failure to cancel at least 48 hours in advance may result in the forfeiture of rental fees.

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NEW SECTION
WAC 132W-141-090   Exemptions from or reduction in rental fees   1. WAC 132W-141-010 allows for exemptions from rental fees. Such exemptions or reductions in rental fees must be authorized by the president or designee, if the planned use deemed to further the best interests of the College and its.

Applications for reductions or exemptions must be made in writing to the Dean of Administrative Services two weeks prior to the event. The application must cite why the exemption meets the best interests and educational mission of the college.

2. If space is available, exemptions for classroom use are normally granted to state-supported educational institutions with charges only to recover direct costs. A WVC facility use agreement addendum will outline such cost recoveries.

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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.New Chapter

WAC 132W-168

USE OF COLLEGE LIBRARIES
NEW SECTION
WAC 132W-168-010   Library loans.   Materials from the college library-media center are checked out only to the following groups.

1. All currently registered students of the college;

2. All current faculty and administrative staff members;

3. All persons currently employed in classified staff positions;

4. All holders of currently valid courtesy cards.

5. All (verified) residents of District 15

This latter group includes members of the board of trustees, community educators whose work might necessitate usage of library-media materials, and other individuals who show a particular need for specialized items in the library-media collections which are not available elsewhere; They may check-out print materials only. No audio-visual material checkout or computer access.

6. Students from other institutions with which the college library-media center has a reciprocal lending agreement through a "shared use plan." This group may use materials on a loan basis at the discretion of the circulation supervisor who will determine lending priorities based upon the current usage of individual items by Wenatchee Valley College students.

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NEW SECTION
WAC 132W-168-020   Loss and damage.   In cases where damage or loss of library material occurs, the patron will be assessed the replacement cost. When materials are not returned, holds are placed on the transcript records of those involved. In extreme cases, when expensive or valuable items are involved, the provisions of RCW 27.12.340 concerning willfully retaining library materials may be invoked.

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NEW SECTION
WAC 132W-168-030   Inspection.   The library shall have the right to inspect packages, brief cases, containers, articles, and materials leaving the building to prevent the unauthorized removal of library resources. The inspection may be done by persons or devices designed to detect unauthorized removals.

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NEW SECTION
WAC 132W-168-040   Prohibited entry.   The library shall have the right to prevent entry of foods and beverages, animals (except for service animals) or other things detrimental to the library purpose.

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New Chapter

WAC 132W-300

Grievance Procedures - Discrimination
NEW SECTION
WAC 132W-300-001   Grievance procedures - Discrimination   The procedures for resolving all types of discrimination and harassment complaints are described below and provide a means for resolving any alleged unfair or improper action.

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NEW SECTION
WAC 132W-300-010   Definitions   (1) Complaint means the cause of dissatisfaction, resentment, or discontent which leads to a petition, a grievance, or an appeal.

(2) Discrimination means an action or actions based on prejudice.

(3) Grievance means the formal request to some higher authority for action when the complaint includes the allegation of violations of the policies of the college.

(4) Grievant means an individual or a group of individuals who have a complaint or are filing a grievance.

(5) Harassment means to persistently act to disturb or irritate.

(6) Petition means an informal request to resolve complaints prior to engaging in the grievance process.

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NEW SECTION
WAC 132W-300-020   Scope of procedure   A complaint may be initiated by an individual or group of individuals, who shall be known as the grievant. The alleged incident may be initiated by any individual, group of individuals, or by the college itself. Claims of alleged harassment or discrimination may be made by any student, faculty member, administrative/exempt employee, classified staff member of the college, or by any applicant for admission or employment.

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NEW SECTION
WAC 132W-300-030   Confidentiality and right to privacy   Each complaint shall be handled in a confidential manner so as to protect the privacy of the parties involved to the fullest extent possible.

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NEW SECTION
WAC 132W-300-040   Limits to authority   (1) Violations of this policy on the part of a classified staff member may result in the application of disciplinary procedures outlined in WAC 251-11 up to and including dismissal.

(2) Violations of this policy on the part of a faculty member may result in the application of procedures outlined in negotiated Agreement with the AHE up to and including dismissal

(3) Violations of this policy on the part of an administrative/exempt staff member may lead to immediate dismissal.

(4) Violations of this policy on the part of a student may lead to disciplinary procedures outlined in the WVC student handbook.

(5) Nothing in this procedure shall prevent the District President from taking immediate disciplinary action in accordance with federal and state laws, rules and regulations, and the applicable negotiated Agreement(s) should it be deemed necessary.

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NEW SECTION
WAC 132W-300-050   Informal petition options   The parties are encouraged to meet informally in an effort to resolve all complaints. Anyone with a complaint may use one or more of the options outlined below.

(1) Any individual with a complaint alleging harassment or discrimination may discuss the complaint with the person or group of people acting in a discriminatory manner.

(2) An individual may choose not to discuss the issue with the parties directly involved. In such a case the issue may be brought to the appropriate administrative supervisor (i.e., either director or dean).

(3) The complaint may be discussed with the Director of Personnel, or the Special Populations Coordinator, or the Multicultural Affairs Coordinator, who have two courses of action:

(a) investigate the complaint; or,

(b) act as a neutral third-party when the complainant discusses the allegation with the other party.

(4) A complaint may be brought to the Washington State Human Rights Commission, the U.S. Department of Education's Office of Civil Rights, or the U.S. Equal Employment Opportunity Commission at any time.

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NEW SECTION
WAC 132W-300-060   Formal grievance procedures   If the parties are unable to resolve the complaint informally through the one of the options listed in WAC 132W-300-050 above,, the grievance shall be resolved in the following manner.

(1) Requirements. In order to conduct an adequate investigation, and resolve the complaint as fully and justly as possible the following requirements shall be in force:

(a) All grievances must be in writing and shall include: The date and time of the alleged incident; the name of the individual or group whom the complaint is against, if known; a statement of the incident; the remedy being sought; the name(s) of the grievant(s); the grievant's relationship to the College (i.e., student, faculty, classified, administrator, or applicant); and must include the signature of the grievant(s), and the date which the grievance is signed.

(b) Evidence used to substantiate the claim(s) should be submitted at step 1. Evidence not introduced at step 1 and not brought out during the investigation, (step 2), will not be considered in preparing the finding of fact or conclusions.

(c) Grievances must be submitted within thirty (30) calendar days of the date of the alleged incident, or the date the grievant knew or should have known of the incident.

(2) Grievance Procedures

STEP 1. Reporting the incident. The grievant shall report the incident, in writing, and submit the report to the Dean of the North Campus, the Director of Personnel Services or the Multicultural Affairs Coordinator within thirty (30) calendar days of the date of the alleged incident, or the date the grievant knew or should have known of the incident. Grievances filed with the Dean of the North Campus will be delivered to the Director of Personnel Services within five (5) calendar days. Incidents reported after thirty days will not be considered. Reports which do not conform to the requirements specified in F.1.a) above may be dropped if insufficient information is available, and the grievant or other witnesses are not able to provide further information.

STEP 2. Investigation. Complaints may be handled by either an internal or outside investigator, as determined by the District President. The District President shall appoint an investigator to conduct an investigation and prepare findings of fact and conclusions. If the complaint is against the District President or a member or members of the Board of Trustees, the Board of Trustees may designate an outside investigator. A written report of findings and conclusions shall be submitted to the District President within thirty (30) calendar days of the college's receipt of the grievance. In the case of a complaint against the District President or a member or members of the Board of Trustees, the written report shall be submitted to the Board of Trustees. The investigator may request, and the District President or Board of Trustees may grant, up to thirty (30) additional days to complete the investigation for good cause.

STEP 3. Outcome and Feedback. The District President Board Chair, or Board of Trustees as a whole shall send a copy of the report to the grievant, the accused, and the appropriate supervisor within ten (10) calendar days. Each recipient may respond in writing to the District President or the Board of Trustees within ten (10) days of the date the report was sent.

STEP 4. Action. The District President Board Chair, or Board of Trustees as a whole shall determine the appropriate course of action, including any disciplinary action to be taken, within ten (10) calendar days after a response was due. Such action shall be in accordance with federal and state laws, rules and regulations, District policies, and the appropriate negotiated Agreement(s).

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office