WSR 05-24-059

PERMANENT RULES

SKAGIT VALLEY COLLEGE


[ Filed December 2, 2005, 10:36 a.m. , effective January 2, 2006 ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 0.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.

Lisa Radeleff

Executive Assistant

OTS-8250.3


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 college community.

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.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-240   Grievances excluded from this section.   (1) A student may not use the provisions of this section as the basis for filing a grievance based on the outcome of summary or other disciplinary proceedings described in ((earlier)) sections of the code of student ((rights and responsibilities code)) conduct.

(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.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-250   Grievance ((procedures -- Generally)).   If a student believes he or she has been unfairly treated by an officer of the college, faculty member or a member of the college staff, the student may ((pursue the matter on two levels. First, the student may follow an informal procedure. Second, if the informal procedure fails to satisfy the grievant, he or she may file an official grievance and request a hearing before the grievance review committee. The student may waive his or her right to have the matter resolved informally. In either case,)) follow the grievance procedures in the order outlined below. The student must initiate proceedings with the college within ((twenty)) thirty working days of the occurrence ((which)) that gave rise to the grievance. The college may choose to take appropriate corrective action at any time based on a student report whether or not the student chooses to pursue the grievance process.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-250, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending WSR 94-01-028, filed 12/6/93, effective 1/6/94)

WAC 132D-120-260   ((Informal)) Grievance procedure.   (1) The grievance procedures set forth in this section concern only those grievances that do not involve violation of Title IX of the Education Amendments of 1972 (sex discrimination) or section 504 of the Rehabilitation Act of 1973 (disability discrimination).

(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 fairly.

(((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 committee.))

(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 ((procedures in 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.]


AMENDATORY SECTION(Amending WSR 94-01-028, filed 12/6/93, effective 1/6/94)

WAC 132D-120-270   ((Informal)) Grievance procedure -- Sex and ((handicapped)) disability discrimination.   (1) Any student alleging a violation of Title IX of the Education Amendments of 1972 (sex discrimination) ((of)) or section 504 of the Rehabilitation Act of 1973 (((handicapped)) disability discrimination) shall, as a first step in the ((informal)) grievance procedure, contact the Title IX((/Sec. 504)) officer or disabled student services coordinator. The student may contact the ((student activities)) office where counseling services are provided for the name and location of the Title IX((/Sec. 504)) officer or disabled student services coordinator. Any student alleging a violation of Title IX of the 1972 Education Amendments concerning sexual harassment by a college faculty or staff member may avail himself or herself of the college's sexual harassment complaint procedures ((in chapter 132D-300 WAC)).

(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 committee.

(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.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-280   Grievance review committee procedures.   (1) Any grievance not resolved ((informally)) by an administrator or the Title IX officer or disabled student services coordinator may be appealed to the grievance review committee for a hearing. The grievant or respondent shall petition the committee by obtaining an official grievance form from the ((student activities)) office where counseling services are provided. That petition shall be made within five working days of the notice of decision in the ((informal)) previous proceedings.

(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 ((advocate,)) advisor; or

(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 attorney general.

(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 ((executive 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((,)) trial-type 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 ((executive 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.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-290   Final decision regarding the appeal procedure -- Extra-institutional appeals.   (1) Where the student is not satisfied by the ((dean's)) vice-president's decision, he or she may appeal that decision to the president of the college provided that such appeal is made within five working days of the student's receipt of notice of the decision.

(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 the ((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

206-220-7900

(b) Washington State Human Rights Commission

Third Avenue

Seattle, Washington 98101

206-464-6500

(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.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-320   Administrative, faculty and staff grievances.   Any administrator, faculty member or staff member who is the subject of a student's grievance and who is dissatisfied with the results of any level of the student grievance proceedings ((shall)) may file a grievance under the appropriate grievance procedure established by Skagit Valley College.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-320, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-330   Prior rules.   The rules contained within this chapter supersede all former rules relating to ((student conduct and)) student grievances.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-330, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-350   Effective date of the rules of conduct.   The rules contained within this chapter shall become effective ((January 1, 1989)) July 1, 2005.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-350, filed 12/1/88, effective 1/1/89.]