Effective Date of Rule: Immediately.

     Purpose: To allow the college president to grant permission for liquor or alcoholic beverages on college property or at off-campus college events.

     Citation of Existing Rules Affected by this Order: Amending WAC 132E-120-220 and 132E-120-400.

     Statutory Authority for Adoption: RCW 34.05.350.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: For changes to be in effect during the beginning of the 2006 academic year.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: September 21, 2006.

Juli Boyington

Records Officer

Rules Coordinator

OTS-9223.1

AMENDATORY SECTION(Amending WSR 00-17-015, filed 8/3/00, effective 9/3/00)

WAC 132E-120-220   Student conduct code -- Violations.   (1) As members of Everett Community College, students are expected to abide by all college rules and regulations. Students shall be subject to disciplinary action as provided for by this code who, either as a principal actor, aider, or accomplice interferes with the personal rights or privileges of others or the educational process of the college; violates the provisions as set forth in this chapter; or commits any of the offenses as defined in this section.

     (2) No sanction or other disciplinary action shall be imposed on a student by or in the name of the college except in accordance with this chapter.

     (3) Disciplinary actions and/or sanctions may be imposed on a student for the commission of any of the following offenses:

     (a) Academic cheating or plagiarism.

     (b) Furnishing false information to the college with the intent to deceive including the filing of a formal complaint that falsely accuses another student of violating the student conduct code or a college employee with violating college rules/procedures.

     (c) Forgery, alteration, or misuse of college documents, records or identification cards.

     (d) Physical abuse, assault, reckless endangerment, intimidation, or interference of another person in the college community on college owned or controlled property or at functions sponsored or supervised by the college or its student organizations/clubs.

     (e) Vandalism of college property, theft or conversion of another's property on college owned or controlled property or at functions sponsored or supervised by the college or its student organizations or clubs.

     (f) Lewd or indecent conduct occurring on college owned or controlled property or at functions sponsored or supervised by the college or its student organizations or clubs.

     (g) ((Furnishing alcoholic beverages without authorization and proper licenses or illegal drugs on property owned or controlled by the college or at functions sponsored or supervised by the college or its student organizations/clubs.

     (h) Possession or consumption of alcoholic beverages except at authorized and properly licensed functions while on property owned or controlled by the college or at functions sponsored or supervised by the college or its student organizations/clubs.

     (i))) Possessing or consuming any form of liquor or alcoholic beverage on college property or at off-campus college events is prohibited except as a participant of legal age at a college sponsored program which has the special permission of the college president.

     (h) Illegal possession, ((or)) illegal consumption, selling, or distributing, or being demonstrably under the influence of any narcotic or controlled substance (((identified as prohibited by federal law))) as defined by RCW 69.50.101 as now or hereafter amended on property owned or controlled by the college or at functions sponsored or supervised by the college ((or its student organizations/clubs)) except when the use or possession of a drug is specifically prescribed as medication by an authorized doctor or dentist. For the purpose of this rule, "sale" shall include the statutory meaning defined in RCW 69.50.410 as now or hereafter amended.

     (((j))) (i) Disorderly, or abusive ((or bothersome)) conduct, including conduct resulting from drunkenness or drug influence on college owned or controlled property or at functions sponsored or supervised by the college ((or its student organizations or clubs)). Disorderly or abusive behavior also includes interfering with the right of others or obstructing or disrupting teaching, research, or administrative functions.

     (((k))) (j) Gambling on property owned or controlled by the college or at functions sponsored or supervised by the college or its student organizations/clubs.

     (((l))) (k) Violation of any condition imposed by the vice-president for student services or his/her designee or recommended by the student conduct committee for an infraction of which sanctions may be imposed under this code.

     (((m))) (l) Refusal to provide positive identification (e.g., valid driver's license or state identification card) in appropriate circumstances to any college employee in the lawful discharge of said employee's duties.

     (((n))) (m) Entering any administrative or other employee office that is normally not accessible to the public or any locked or otherwise closed college facility in any manner, at any time, without permission of the college employee or agent in charge thereof.

     (((o))) (n) Smoking in or on any college facility except those areas which have been identified as designated smoking areas.

     (((p))) (o) Failure to comply with the following rules governing firearms and weapons on campus:

     (i) Carrying, exhibiting, displaying, or drawing any weapon, such as a slung shot, sand club, metal knuckles, dagger, sword, or swing blade knife, or any knife of which is automatically released by a spring mechanism or other mechanical devise, or any knife having a blade which opens, or falls, or is ejected into position by force of gravity, or by outward, downward, or centrifugal thrust or movement, or any other cutting or stabbing instrument or club or any other weapon apparently capable of inflicting bodily harm and/or property damage is prohibited.

     (ii) Explosives, incendiary devices, or any weapon facsimile are prohibited in or on college facilities.

     (iii) Carrying firearms on college facilities is prohibited except and unless the firearm is registered with campus safety and security for a designated period of time that the firearm is carried on campus.

     (iv) The regulations in (((p))) (o) (i) through (iii) of this subsection shall not apply to equipment or material owned, used or maintained by the college: Nor will they apply to law enforcement officers.

[Statutory Authority: RCW 28B.50.140. 00-17-015, amended and recodified as § 132E-120-220, filed 8/3/00, effective 9/3/00; Order 76-11-1, § 132E-120-030, filed 12/17/76; Order 72-1, § 132E-120-030, filed 2/1/73, effective 3/9/73.]

     (1) Students who report to class or work must do so unimpaired due to the use of alcohol or other drugs.

     (2) Unlawful use, possession, delivery, dispensation, distribution, manufacture or sale of drugs on college property, in state vehicles or on official business is strictly prohibited. Documented evidence of illegal drug involvement will be given to law enforcement agencies.

     (3) Possession ((of alcohol is prohibited on college property and in state vehicles)) or consuming any form of liquor or alcoholic beverage on college property or at off-campus college events is prohibited except as a participant of legal age at a college sponsored program which has the special permission of the college president.

     (4) Students found in violation of this policy will be subject to formal disciplinary action, which could include completion of an appropriate rehabilitation program up to and/or including dismissal/expulsion.

     (5) Students needing assistance with problems related to alcohol or drug abuse are encouraged to seek referral from a counselor in the counseling, advising and career center and/or appropriate off campus substance abuse agencies.

     (6) Students must report any criminal drug ((abuse or alcohol)) statute conviction to the vice-president for student services within five school days after such conviction.

     (7) The college will report the conviction to the appropriate federal or state agency within ten working days after having received notice that a student employed under a federally funded grant or contract or receiving grant funds has any drug statute conviction occurring on campus.

     (8) All students, regardless of status, shall comply with this policy regarding a drug-free campus.

[Statutory Authority: RCW 28B.50.140. 00-17-015, § 132E-120-400, filed 8/3/00, effective 9/3/00.]

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