Purpose: This change to the Skagit Valley College policy on student grievances would clarify grievance procedures and timelines, updates, language in policy and procedures, and corrects position titles referenced in the code.
Citation of Existing Rules Affected by this Order: Amending WAC 132D-120-230, 132D-120-240, 132D-120-250, 132D-120-260, 132D-120-270, 132D-120-280, 132D-120-290, 132D-120-320, 132D-120-330, and 132D-120-350.
Statutory Authority for Adoption: RCW 28B.50.140.
Adopted under notice filed as WSR 05-17-166 on August 23, 2005
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 0.
Date Adopted: December 1, 2005.
AMENDATORY SECTION(Amending WSR 94-01-028, filed 12/6/93, effective 1/6/94)
WAC 132D-120-230 Student grievances. The purpose of this section is to protect each student's freedom of expression in the classroom; to protect each student against improper disclosure of the students' views, beliefs and political associations; to protect each student from improper, arbitrary or capricious academic evaluation as evidenced by the student's ((
final)) course grade; and to afford each
student reasonable protection against arbitrary or capricious
actions taken outside the classroom by other members of the
Skagit Valley College is committed to protecting the rights and dignity of each individual in the campus community. Therefore, the college will not tolerate discrimination of any kind, at any level.
Further, it is the policy of Skagit Valley College to
provide an environment in which students can work and study
free from sexual harassment or sexual intimidation. Sexual
harassment is a form of sexual discrimination. As such, it is
a violation of Title VII of the 1964 Civil Rights Act and
Title IX of the 1972 Education Amendments.
Sexual harassment of a student is defined as unwelcome
sexual advances, requests for sexual favors, or other verbal
or physical conduct when: (a) Submission to the conduct is
either explicitly or implicitly a term or condition of an
individual's academic standing; and/or (b) submission to or
rejection of such conduct by an individual is used as the
basis for academic decisions affecting that individual; and/or
(c) such conduct has the purpose or effect of unreasonably
interfering with an individual's work or academic performance
or creating an intimidating, hostile, or offensive
environment.)) Students may follow ((
procedures found at WAC 132D-300-040)) the college policy on sexual harassment and/or
may file complaints with outside agencies, as referenced in
WAC 132D-300-040(9). Students should determine the time
deadlines that apply to the filing of complaints with such
outside agencies, as the college's internal processing of
student complaints may not recognize such time periods.
[Statutory Authority: RCW 28B.50.140. 94-01-028, § 132D-120-230, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), § 132D-120-230, filed 12/1/88, effective 1/1/89.]
(2) Federal and state laws, rules and regulations, in
addition to policies, regulations and procedures adopted by
the state board for community ((
college education)) and
technical colleges or the board of trustees of Community
College District No. 4 shall not be grievable matters.
College personnel actions are considered confidential.
Results may not be made available for review.
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-240, filed 12/1/88, effective 1/1/89.]
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-250, filed 12/1/88, effective 1/1/89.]
(2) A student wishing to pursue ((
an informal)) a
resolution to his or her (( grievance)) concern may (( first))
contact the (( student activities)) office where counseling
services are provided. That office will serve as a source of
information and direction for grievants (( and shall advise
students as to the most effective means of resolving their
grievance. This service is optional)).
(2))) (3) A student (( may instead, as a first step in
the informal grievance procedure,)) shall contact the faculty
or staff member with whom he or she has a (( grievance))
concern and attempt to resolve the matter through direct
discussion. A student may ask a support person to accompany
him or her in this discussion.
(3))) (4) If direct discussion does not resolve the
(( grievance)) concern to the student's satisfaction, the
student shall take the matter to the faculty/staff member's
immediate supervisor. The supervisor shall (( serve as a
mediator and will)) attempt to resolve the matter promptly and
(4))) (5) If the (( efforts of the supervisor also fail
to satisfy the grievant)) issue is not resolved, the
supervisor shall forward the complaint to the appropriate
(( associate dean)) administrator who shall meet with the
student and, within three working days, (( decide how best to
resolve the grievance. The associate dean shall issue a
written opinion)) write a letter to the student involved,
copied to the faculty or staff member involved that details
the resolution proposed.
(5) The student shall be notified of this decision and
shall also be informed of his or her right to file a petition
to have the grievance heard before the grievance review
(6) The ((
informal grievance)) procedure outlined in
steps one through four shall be completed in (( fifteen))
twenty working days unless all parties agree to more time.
(7) The student shall be notified of this decision and
shall also be informed of his or her right to file a petition
to have the grievance heard before the grievance review
committee. The student must submit this request to the office
of the registrar within five days of his/her receipt of the
administrator's letter. Any student alleging a violation of
Title IX of the 1972 Education Amendments concerning sexual
harassment may avail himself or herself of the ((
chapter 132D-300 WAC)) college's sexual harassment policy.
[Statutory Authority: RCW 28B.50.140. 94-01-028, § 132D-120-260, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), § 132D-120-260, filed 12/1/88, effective 1/1/89.]
(2) The Title IX((
/Sec. 504)) officer or disabled student
services coordinator shall:
(a) Provide information about informal and formal options within and outside the college.
(b) Intervene, if requested by either party, in order to resolve the problem to the satisfaction of all.
(3) If the Title IX((
/Sec. 504)) officer or disabled
student services coordinator is unable to resolve the
grievance, the student may (( file an official grievance
requesting)) request a hearing before the grievance review
committee and is entitled to all appeals beyond that
(4) Consultations with the Title IX((
/Sec. 504)) officer
and the disabled student services coordinator shall be
strictly confidential (( until the Title IX/Sec. 504 officer
begins to act as mediator)).
[Statutory Authority: RCW 28B.50.140. 94-01-028, § 132D-120-270, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), § 132D-120-270, filed 12/1/88, effective 1/1/89.]
(2) When a petition for review is filed, the student shall either:
(a) Be assigned ((
an advocate,)) a process advisor by the
college or choose an advisor of his/her own; or
(b) Waive his or her right to an ((
(c) Notify the college of his or her retention of an
attorney at least one week prior to a scheduled grievance
hearing. Where the student is ((
represented)) accompanied by
an attorney, the college may be represented by an assistant
(3) The student's completed official grievance form shall be distributed to all members of the grievance review committee.
(4) The registrar shall chair the grievance review committee and its members shall be chosen as follows:
(a) Two faculty members appointed by the ((
dean)) vice-president of educational services; and
(b) Two students appointed by the president of the associated students of Skagit Valley College; and
(c) Two classified staff members appointed by the
classified staff ((
training committee)) designated leadership.
(5) The grievance review committee may call any witnesses
and hear any testimony needed to reach a prompt, fair
resolution of the grievance. The proceedings before the
committee shall not be considered a formal((
hearing. (( However, where requested by the student and
approved by the president, or where required by RCW 28B.19.110, a formal hearing (to be conducted in accordance
with WAC 132D-120-120) may be granted.))
(6) Within three working days of the conclusion of the hearing, the committee shall issue a written recommendation. All parties shall receive a copy of this recommendation.
(7) In the case of instructional grievances, the
committee's recommendations shall be sent to the ((
dean)) vice-president of educational services. In all other
cases, the committee's recommendations shall be forwarded to
the (( dean of administrative and student services))
vice-president responsible for the area in which the faculty
or staff member is employed. The appropriate (( dean))
vice-president shall, within (( three)) five working days,
accept, modify, or reject the recommendations of the grievance
review committee and notify all parties.
(8) All parties shall be notified of the dean's
decision within five working days.))
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-280, filed 12/1/88, effective 1/1/89.]
(2) The president will review
the record of the case prepared by the committee together with
any appeal statement and will deliver a written acceptance of
registrar's)) vice-president's decision or directions as
to what other course of action shall be taken, within ten
instructional days after receiving the appeal.
(2))) (3) This decision shall constitute final agency
action by the college.
(3))) (4) A student who (( was granted a formal hearing
by the president of the college and who)) feels aggrieved by
the institution's final decision, may petition for judicial
review of that decision according to the provisions of RCW 28B.19.150.
(4))) (5) For further review in sexual or
(( handicapped)) disability discrimination cases, the grievant
may send appeals or inquiries to:
(a) Regional Director, Office of Civil Rights, HEW;
29011-3rd Avenue, M.S. 510, Seattle, WA 98121;
(b) The Equal Opportunity Commission; 1321-2nd Avenue, Seattle, WA 98101;
(c) Human Rights Commission; 402 Evergreen Plaza Building, 7th and Capitol Way, Olympia, WA 98504.))
(a) U.S. Department of Education
Office for Civil Rights Region X
915 Second Avenue, Room 3310
Seattle, WA 98174
(b) Washington State Human Rights Commission
Seattle, Washington 98101
(c) Department of Justice Civil Rights Division
1424 New York Avenue, Room 5041
Washington, D.C. 20005
202-307-0818 (TTD), or 800-514-0383 (voice)
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-290, filed 12/1/88, effective 1/1/89.]
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-320, filed 12/1/88, effective 1/1/89.]
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-330, filed 12/1/88, effective 1/1/89.]
[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-350, filed 12/1/88, effective 1/1/89.]