WSR 13-21-086
PROPOSED RULES
WENATCHEE VALLEY COLLEGE
[Filed October 18, 2013, 8:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-05-068.
Title of Rule and Other Identifying Information: Board of trustees (chapter 132W-105 WAC), Student rights and freedoms (chapter 132W-112 WAC), Code of student conduct (chapter 132W-115 WAC), Parking and traffic (chapter 132W-117 WAC), Withholding services for outstanding debts (chapter 132W-125 WAC), Rules coordinator (chapter 132W-134 WAC), Use of facilities (adding trespass rule) (chapter 132W-141 WAC), Weapons on campus (chapter 132W-145 WAC), Access to public records (chapter 132W-277 WAC), and Violence in the workplace (WAC 132W-280-010).
Hearing Location(s): Wenatchee Valley College, 1300 Fifth Street, Wenatchee, WA 98801, on November 27, 2013, at 3:00 p.m.
Date of Intended Adoption: December 11, 2013.
Submit Written Comments to: Reagan Bellamy, 1300 Fifth Street, Wenatchee, WA 98801, e-mail rbellamy@wvc.edu, fax (509) 682-6441, by November 20, 2013.
Assistance for Persons with Disabilities: Contact Carla Boyd, (509) 682-6854 by November 20, 2013, TTY (509) 682-6853 or (509) 682-6854.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules provide more flexibility for the time, place, and location of board of trustee meetings than is currently provided. The proposed rules provide more protection from sexual harassment in the college academic or work communities. The current student rights and freedoms and student conduct rules do not adequately address the prohibition of tobacco use or marijuana use or possession on campus. The proposed rules clarify also when alcohol can be consumed on campus. The proposed rules further clarify that acts of violence or the threat of violence towards students, employees, or visitors is prohibited on campus. The current rules do not adequately reflect that during a student disciplinary process that appeals may be made in some circumstances to the disciplinary review board. In addition, the current procedures for resolving student disciplinary violations and the procedural guidelines do not adequately provide needed flexibility. The proposed rules provide for the procedures and guidelines to be set out in the student handbook instead of in the WAC, making it easier to change the student disciplinary procedures and guidelines when needed. In addition, the current parking and traffic rules do not adequately specify that the security officer designated by the college president is responsible for enforcement of the traffic rules and that the vice-president of administrative services (not dean) is authorized to issue or recall parking permits, allocate parking spaces, or impose regulations. In addition, the current rules that set the fee for parking fines is outdated and needs to be changed to allow flexibility in raising the fines over time. In addition, the current rule regarding notifying a person by certified mail at their last known address that services will not be provided due to an outstanding debt should be changed to provide for a more cost-effective and swifter procedure that would allow the college to provide notice "by the most expedient means." In addition, the current rules need to be amended to reflect that the vice-president of administrative services is the rules coordinator for the college. The current use of facilities rules need to be updated to clarify the rental fee, optional services, liability, damages, cancellations, and exceptions or reduction in rental fee rules. Further, the current rules do not provide for the trespass of individuals from [onto] the college property, and thus do not provide for enough protection against disruption of the educational process and the safety of students, employees and guests. In addition, a proposed weapons on campus rule would specify what weapons are prohibited on college property, with the goal of protecting students, employees and visitors. The access to public records rules need to be changed to reflect public record RCW.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Wenatchee Valley College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Suzie Benson, 1300 Fifth Street, Wenatchee, WA 98801, (509) 682-6515.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Housekeeping in nature and has no substantive changes to the rules.
A cost-benefit analysis is not required under RCW 34.05.328.
October 18, 2013
Jim Richardson
President
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-105-020 Regular meetings.
Regular meetings of the board shall be held each month((; the dates of the regular meetings shall be)), typically on the ((second)) third Wednesday of each month at ((3:00 p.m)) such time and place as it may designate.
A regular meeting may be canceled by action of the board or the board chair. A special meeting may, however, be set for another date and time. When a special meeting is scheduled, notice thereof will be given in conformance with the notice requirements for special meetings contained in RCW 42.30.080.
The location of board meetings shall be ((held in the Wells Hall Board Room)) on one of the college campuses, 1300 Fifth St., Wenatchee, WA, or 116 West Apple Avenue, Omak, WA or at such other places as the board shall determine. The location, including building and room will be included in public notices.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-112-040 Confidentiality of student records.
Student records are managed in accordance with the Family Educational Rights and Privacy Act (FERPA). To minimize the risk of improper disclosure, academic and disciplinary records shall be separate. Transcripts of academic records shall contain only information about academic status, except when a student is dismissed for misconduct. Record of dismissal for misconduct shall be entered on a student transcript. Academic records, or information from disciplinary or counseling files, shall not be available to unauthorized persons on campus, or to individuals off campus, without the written consent of the student involved, except under legal compulsion or in cases where the safety of persons or property is involved. No records shall be kept which reflect the political activities or beliefs of students. Provision shall be made for the destruction of noncurrent disciplinary records after a period of three years. Administrative staff and faculty members shall respect confidential student information acquired in the course of their work.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-112-050 Freedom of association.
Students are free to organize and to participate in voluntary associations of their own choosing. To be officially recognized, the associated students of Wenatchee Valley College must grant student organizations an official charter. Procedures for obtaining an official charter ((are published in the student handbook and)) can be found in the ASWVC bylaws. To receive or maintain official recognition, a student organization must be open to all students without regard to race, color, gender, creed, national origin, mental or physical handicaps, age, or sexual orientation.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-112-060 Freedom from sexual harassment.
((Students at)) It is the responsibility of Wenatchee Valley College ((shall be free from sexual harassment)) to provide and maintain a work and academic community which is free from sexual harassment. Sexual harassment violates federal and state law and will not be tolerated by Wenatchee Valley College. Any student or employee in violation of this policy and who engages in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, where such behavior offends the recipient, causes discomfort or humiliation, or interferes with job or academic performance, ((shall)) will be subject to disciplinary action((s)) up to and including expulsion from the school or dismissal from employment. See college policy 000.330 and 000.340 and procedure 1000.350 for more information.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-070 Standards of classroom behavior.
Academic honesty and proper classroom conduct is vital to the very fabric and integrity of the college. All students must comply with an appropriate and sound academic honesty policy and code of honest behavior and classroom conduct policy. All members of the college community are responsible for knowing and understanding the statement on academic honesty and classroom conduct. The statement and procedures will be made readily available to all students and faculty to ensure understanding of the academic honesty system and expected classroom conduct and its proper functioning.
Where suspected violations of the academic honesty system occur, appropriate procedures are designed to protect academic integrity while ensuring due process.
(1) Academic dishonesty: Honest assessment of student performance is crucial to all members of the academic community. Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:
(a) The college administration and teaching faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty that occur at the college.
(b) Any student who knowingly submits a fraudulent examination, assignment, or any other academic work product shall have committed an act of academic dishonesty. Acts of academic dishonesty shall be cause for disciplinary action.
(c) Any student who aids or abets the accomplishment of an act of academic dishonesty, as described in (b) of this subsection, shall be subject to disciplinary action.
(d) This section shall not be construed as preventing an instructor from taking immediate disciplinary action when the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom. This action shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.
(2) Classroom conduct: Instructors have the authority to take whatever summary actions may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.
(a) Any student who substantially disrupts any college class by engaging in conduct that renders it difficult or impossible to maintain class decorum shall be subject to disciplinary action which may include removal from the class.
(b) Any college instructor is authorized to take steps necessary to preserve order and to maintain the effective cooperation of the class in fulfilling course objectives; provided that a student shall have the right to appeal such disciplinary action to the ((dean of)) chief student services officer or designee.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-080 Code of conduct.
Wenatchee Valley College expects that its students ((while within college facilities or attending a college-sponsored activity, will adhere to high standards of honor and good citizenship at all times. Students will always conduct themselves in a responsible manner that reflects credit on themselves and)), both on and off campus, conduct themselves in a manner that maintains high standards of integrity, honesty and morality at all times. A student who does not follow college rules will be subject to such action as may be deemed appropriate by designated college authorities. Conduct, either on or off campus, should be of such nature as not to reflect adversely on the reputation of the individual or the college. Students arrested for violation of criminal law on or off campus may also be subject to disciplinary action by the college. The following misconduct on college facilities is subject to disciplinary action:
(1) Intentionally or recklessly endangering, threatening, or causing physical harm to any person or oneself, or intentionally or recklessly causing reasonable apprehension of such harm.
(2) ((Sexual harassment as defined in college policy under Policy 000.340 and 000.350)) Harassment, bullying, abuse: No student shall physically, sexually, or emotionally harass, bully, abuse, coerce, intimidate, seriously embarrass, assault, or recklessly endanger any other person. See college policy 000.330 nondiscrimination and harassment and policy 000.340 sexual harassment.
(3) Students engaging in any activity which inhibits or interferes with the orderly operation of Wenatchee Valley College or the ability of students and/or college personnel to perform their functions in an orderly environment shall be subject to disciplinary action. No student shall intentionally or recklessly ((interfering)) interfere with normal college or college-sponsored activities or any form of emergency services. See college policy 500.450 violence in the workplace.
(4) Unauthorized entry or use of college facilities.
(5) Knowingly violating the term of any disciplinary sanction imposed in accordance with the code.
(6) Theft of property or services; knowing possession of stolen property.
(7) Violating college policies or procedures by any student or by the guest of any student.
(8) ((Smoking or)) Using tobacco products ((in classrooms or)) on the college premises ((except in designated smoking areas)).
(9) ((The possession, use, sale or distribution of any alcoholic beverage or illegal drug on the college campus; the use of illegal drugs by any student attending a college-sponsored event, even though the event does not take place at the college.)) The consumption of alcoholic beverages on college property, except in accordance with state of Washington liquor license procedures. The unlawful (as a matter of local, state or federal law) manufacture, distribution, dispensing, possession or use of alcohol, legend drugs, narcotic drugs, or controlled substances including marijuana, on college property or during college-sponsored events, whether on or off campus except when use or possession of a legend drug, narcotic drug, or controlled substance other than marijuana is specifically prescribed by an appropriately licensed health care provider. See college policy 500.475 alcohol and drug-free workplace.
(10) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college.
(11) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification.
(12) Refusal to comply with the direction of college officials acting in the legitimate performance of their duties.
(13) ((Possession of firearms, licensed or unlicensed, except where possessed by commissioned police officers as prescribed by law.)) Unauthorized possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments. Legal defense sprays are not covered by this policy. Exceptions to this policy are permitted when the weapon is used in conjunction with an approved college instructional program or is carried by a duly commissioned law enforcement officer. See college policy 000.270 weapons on campus.
(14) Failure to comply with the college's ((technology)) network acceptable use policy, WashingtonOnline (WAOL) memorandum of understanding and/or misuse of computing equipment ((and)) services and facilities, including use of electronic mail and the internet.
(15) Ethics violation: The breech of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular trade, skill, craft or profession for which the student is taking courses or is pursuing as their educational goal or major. These ethics codes must be distributed to students as part of an educational program, course, or sequence of courses and the student must be informed that a violation of such ethics codes may subject the student to disciplinary action by the College.
(16) Hazing: Conspiracy to engage in hazing or participation in hazing another. Hazing shall include any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group, that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm to any student or other person attending Wenatchee Valley College. Consent is no defense to hazing. The term does not include customary athletic events or other similar contests or competitions. Hazing is also a misdemeanor, punishable under state law.
(17) Initiation violation: Conduct associated with initiation into a student organization, association, or living group, or any pastime or amusement engaged in with respect to an organization, association or living group not amounting to a violation ((of)) under the definition of hazing. Conduct covered by this definition may include embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation. Consent is no defense to initiation violation.
(18) Animals, with the exception of service animals, are not allowed on or in college facilities. All service((s)) animals on campus shall be under direct physical control, leashed by their owner or custodian and registered with the special populations coordinator.
(19) Gambling: Any form of gambling is prohibited.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-090 Civil disturbances.
In accordance with provision contained in RCW 28B.10.571 and 28B.10.572:
(1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any ((administrator, faculty member)) employee, or student of the college who is in the peaceful discharge or conduct of ((his)) their duties or studies. See college policy 500.450 violence in the workplace.
(2) ((It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty member or student of the college who is in the peaceful discharge of his/her duties or studies.)) The college prohibits acts of intimidation as well as actual or threatened violence against co-workers, students, visitors, or any other persons who are on campus or college employees in the course of their duties. The prohibited acts include behavior that interferes with an individual's legal rights of movement, or expression, disrupts the workplace, the academic environment or the college's ability to provide service to the public. See college policy 500.450 violence in the workplace.
(3) The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any ((administrator or faculty member)) college employee who is engaged in the reasonable exercise of their disciplinary authority.
(4) Any person or persons who violate the provisions of subsections (1) and (2) of this section will be subject to disciplinary action and referred to the authorities for prosecution.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-100 Disciplinary process.
(1) Any infractions of college policies or procedures may be referred by anyone within the college community to the ((dean of)) chief student services officer or designee. That official shall then follow the appropriate procedures for any disciplinary action which he or she deems necessary relative to the alleged misconduct.
(2) The disciplinary official may take whatever action deemed appropriate within the framework of this code. If the student concludes that any sanctions imposed are inappropriate, the student may appeal to the ((academic regulations committee)) disciplinary review board.
(3) If a referral or an appeal is made to the ((academic regulations committee)) disciplinary review board, the ((committee)) board shall hold a hearing, reach conclusion, and recommend sanctions. The student may appeal all cases involving suspension or dismissal from the college to the president of the college. ((All other cases may be appealed to the administrator designated by the president.))
(4) The president of the college or his/her designee, after reviewing the case, may reverse, sustain or modify any sanctions. The decision of the president or designee is final.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-110 Procedures for resolving disciplinary violations.
(((1))) The ((dean of)) chief student services officer is responsible for initiating disciplinary proceedings. The ((dean of student services)) officer may delegate this responsibility to members of ((his/her)) their staff, and ((he/she)) they may also establish committees or other hearing bodies to advise or act for ((him/her)) them in disciplinary matters. Please see student handbook for protocol.
(((2) In order that any informality in disciplinary proceedings not mislead a student as to the seriousness of the matter under consideration, the student involved shall be informed at the initial conference or hearing of the sanctions that may be involved.
(3) Upon initiation of formal disciplinary proceedings, the dean of student services or designee shall provide written notification to the student, either in person or by delivery via regular mail to the student's last known address, specifying the violations with which the student is charged. The dean of student services or designee shall set a time and place for meeting with the student to inform the student of the charges, the evidence supporting the charges, and to allow the student an opportunity to be heard regarding the charges and evidence.
(4) After considering the evidence in a case and interviewing the student or students involved, the dean of student services or designee may take any of the following actions:
(a) Terminate the proceeding, exonerating the student or students;
(b) Dismiss the case after whatever counseling and advice may be appropriate; not subject to the appeal rights provided in this code;
(c) Dismiss the case after verbally admonishing the student, not subject to the appeal rights provided in this code;
(d) Direct the parties to make a reasonable attempt to achieve a mediated settlement;
(e) Impose disciplinary sanctions directly, subject to the student's right of appeal as described in this chapter. The student shall be notified in writing of the action taken except that disciplinary warnings may be given verbally;
(f) Refer the matter to the academic regulations committee requesting their recommendation for appropriate action. The student shall be notified in writing that the matter has been referred to the academic regulations committee.
(5) This section shall not be construed as preventing the appropriate official from summarily suspending a student.
(6) If the dean of student services or his or her designee(s) has cause to believe that any student:
(a) Has committed a felony; or
(b) Has violated any provision of this chapter; and
(c) Presents an imminent danger either to himself or herself, other persons on the college campus or to the educational process; that student shall be summarily suspended and shall be notified by certified and regular mail at the student's last known address, or shall be personally served.
Summary suspension is appropriate only where (c) of this subsection can be shown, either alone or in conjunction with (a) or (b) of this subsection.
(7) During the summary suspension period, the suspended student shall not enter campus other than to meet with the dean of student services or to attend the hearing. However, the dean of student services or the college president may grant the student special permission to enter a campus for the express purpose of meeting with faculty, staff, or students in preparation for a probable cause hearing.
(8) When the president or his/her designee exercises the authority to summarily suspend a student, he/she shall cause notice thereof to be served upon that student by registered or certified mail at the student's last known address, or by causing personal service of such notice upon that student. The notice shall be entitled "notice of summary suspension proceedings" and shall state:
(a) The charges against the student including reference to the provisions of the student code or the law involved; and
(b) That the student charged must appear before the designated disciplinary officer at a time specified in the notice for a hearing as to whether probable cause exists to continue the summary suspension. The hearing shall be held as soon as practicable after the summary suspension.
(9) The summary suspension hearing shall be considered an emergency adjudicative proceeding. The proceeding must be conducted as soon as practicable with the dean of student services or designee presiding. At the summary suspension hearing, the dean of student services shall determine whether there is probable cause to believe that continued suspension is necessary and/or whether some other disciplinary action is appropriate.
(10) If the dean of student services, following the conclusion of the summary suspension proceedings, finds that there is probable cause to believe that:
(a) The student against whom specific violations of law or of provisions of this chapter are alleged has committed one or more of such violations; and
(b) That summary suspension of said student is necessary for the protection of the student, other students or persons on college facilities, college property, the educational process, or to restore order to the campus; and
(c) Such violation or violations of the law or of provisions of this chapter constitute grounds for disciplinary action, then the dean of student services may, with the written approval of the president, continue to suspend such student from the college and may impose any other disciplinary action as appropriate.
(11) A student who is suspended or otherwise disciplined pursuant to the above rules shall be provided with a written copy of the dean of student services' findings of fact and conclusions, as expressly concurred in by the president, which constituted probable cause to believe that the conditions for summary suspension existed. The student suspended pursuant to the authority of this rule shall be served a copy of the notice of suspension by personal service or by registered mail to said student's last known address within three working days following the conclusion of the summary suspension hearing. The notice of suspension shall state the duration of the suspension or nature of other disciplinary action and the conditions under which the suspension may be terminated.
(12) The dean of student services is authorized to enforce the suspension of the summarily suspended student in the event the student has been served pursuant to the notice requirement and fails to appear at the time designated for the summary suspension proceeding.
(13) Any student aggrieved by an order issued at the summary suspension proceeding may appeal to the academic regulations committee. No such appeal shall be entertained, however, unless:
(a) The student has first appeared at the student hearing in accordance with subsection (9) of this section;
(b) The student has been officially notified of the outcome of the hearing;
(c) Summary suspension or other disciplinary sanction has been upheld; and
(d) The appeal conforms to the standards set forth in chapter 132W-109 WAC. The academic regulations committee shall, within five working days, conduct a formal hearing in the manner described in chapter 132W-109 WAC))
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-130 Procedural guidelines for hearings involving serious disciplinary violations.
(((1) The committee chair shall set the time, place and available seating capacity for a hearing.
(2) All committee proceedings will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.
(3) The committee chair shall enforce general rules of procedures for conducting hearings consistent with these procedural guidelines.
(4) The student shall be given notice of the date, time and place of the hearing, the charges, a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. This notice shall be given to the student in writing and shall be provided in sufficient time to permit him/her to prepare a defense.
(5) The student or his/her representative shall be entitled to hear and examine the evidence against him or her and be informed of the identity of its sources; and shall be entitled to present evidence in his or her own behalf and question witnesses as to factual matters. The student shall be able to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.
(6) Committee hearings may be held in closed session at the discretion of the council, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of the hearing invited persons are disruptive of the proceedings, the committee chair may exclude such persons from the hearing room.
(7) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether the student is guilty of the misconduct charged, but the student's past record of conduct may be taken into account in formulating the committee's recommendation for disciplinary action.
(8) The failure of a student to cooperate with the hearing procedures, however, shall not preclude the committee from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.
(9) The student may be represented by counsel and/or accompanied by an advisor of his/her choice. If counsel is present for the student, the college may also have counsel present to assist the council. If the student intends to use an attorney, he or she must notify the dean of student services five days in advance of the formal hearing.
(10) An adequate summary of the proceedings will be kept. As a minimum, such summary would include a tape recording of testimony. Such record will be available for inspections and copying in the office of the dean of student services during regular business hours.
(11) The student will be provided with a copy of the findings of fact and the conclusions of the committee.
(12) If the council's proceedings were to hear a disciplinary matter pursuant to the request of the dean for student services, the council's recommendation shall be forwarded to the dean of student services for disposition of the matter.
(13) The dean of student services or designee shall notify the student of his or her decision.
(14) The student will also be advised of his/her right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee.
(15) The dean of student services or designee shall notify the student of his or her decision.
(16) The student will also be advised of his/her right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee.
(17) The president of the college or his/her designated representative shall, after reviewing the case, sustain the decision, give directions as to what other disciplinary action shall be taken by modifying its decision, or nullify previous sanctions imposed by reversing the decision. The president or designee shall then notify the dean of student services, the student, and the committee. The president's decision shall be final.)) Please see student handbook for protocol.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-020 Authority.
Pursuant to RCW 28B.50.140(10), the board is granted authority to establish rules and regulations for pedestrians and vehicular and nonvehicular traffic over property owned, operated, and/or maintained by the college.
The enforcement of these rules and regulations shall be the responsibility of the ((plant office.)) security officer designated by the president.
The security officer or designees are authorized to issue parking and traffic citations, impound and/or immobilize vehicles, and control and regulate facilities use, traffic, and parking as prescribed in these rules and regulations.
Any person interfering with a college security officer or designees in the discharge of the provisions of these rules and regulations shall be in violation of RCW 9A.76.020, Obstructing governmental operation, and may be subject to arrest by a peace officer.
Failure by students to abide by these rules and regulations may be considered to be a violation of the code of student conduct.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-100 Report of accidents.
The operator of any vehicle involved in an accident on campus where injury or death of any person results, or where either or both vehicles is damaged in any amount, shall within twenty-four hours make a written report of the accident to the ((dean)) vice-president of administrative services within one business day. This report does not relieve any person so involved in an accident from his or her responsibility to file a state of Washington motor vehicle accident report.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-110 Enforcement.
(1) ((Enforcement of the parking rules and regulations will begin the first week of classes of fall quarter and will continue until the end of summer quarter.)) These rules and regulations will not be enforced Saturdays, Sundays and official college holidays.
(2) The security officer or his or her designee(s) shall be responsible for the enforcement of the rules and regulations contained in this chapter.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-120 Permits required for motor vehicles on campus.
Students, ((faculty members, staff members)) employees, guests and visitors shall not stop, park or leave a vehicle whether attended or unattended upon the campus without a parking permit issued pursuant to this chapter; provided, the permit shall not be required of visitors who park in specifically marked visitor areas and the exemptions from traffic and parking restrictions set forth in this chapter.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-130 Authorization for issuance of permits.
Parking permits shall be issued to students, ((faculty members, staff members)) employees, guests and visitors of the college pursuant to the following regulations:
(1) The ((dean)) vice-president of administrative services is authorized to issue parking permits to students upon the registration of their vehicle with the college at the beginning of each academic period.
(2) ((Faculty, staff, and)) Employees may be issued parking permits if they register their vehicle upon employment with the college.
(3) Temporary visitor parking permits or special parking permits may be issued by the ((dean)) vice-president of administrative services or his or her designee(s) if issuance enhances the business or operation of the college.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-150 Valid permits.
The following are valid parking permits, provided they are properly displayed and unexpired:
A ((permanent)) student or employee permit.
A temporary permit.
A handicapped permit.
A visitor's permit.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-180 Permit revocation.
Parking permits are the property of the college and may be recalled by the ((dean)) vice-president of administrative services or his or her designee(s) for any of the following reasons:
(1) When the purpose for which the permit was issued changes or no longer exists;
(2) When a permit is used by an unregistered vehicle or by an unauthorized individual;
(3) Falsification on a parking permit application;
(4) Continued violations of parking regulations; or
(5) Counterfeiting or altering a parking permit.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-210 Right to refuse permit.
The ((dean)) vice-president of administrative services may refuse to issue a parking permit when it is deemed in the best interests of the college to do so.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-220 Allocation of parking spaces.
The parking space available on campus shall be allocated by the ((dean)) vice-president of administrative services or his or her designee(s), in such a manner as will best effectuate the objectives (([of])) of this chapter.
(1) Faculty and staff reserved spaces will be so designated for their use; and
(2) Student and staff spaces will be so designated for their use; provided, physically handicapped students may be granted special permits to park in close proximity to the classrooms used by such students; and
(3) Parking space will be designated for use of visitors on campus.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-240 Special traffic and parking regulations authorized.
Upon special occasions causing additional and/or heavy traffic and during emergencies, the ((dean)) vice-president of administrative services or his or her designee(s) is authorized to impose additional traffic and parking regulations to achieve the objectives of this chapter.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-117-260 Fines and penalties.
The ((dean)) vice-president of administrative services or his or her designee(s) is authorized to impose fines and penalties for the violation of rules and regulations contained in this chapter.
(1) ((The following $5.00)) Citations will be issued for any of the following violations of the campus parking regulations. The ((fee will)) amount of the fines and penalties will be set annually by the board of trustees. Fines may be reduced ((to $2.50)) if paid within twenty-four hours.
(a) No valid parking permit displayed.
(b) Parking out of designated parking space.
(c) Overtime parking.
(d) Occupying more than one parking space.
(e) Blocking traffic.
(f) Parking in a reserved or restricted area.
(g) Parking in a driveway or walkway.
(h) Parking on grass or landscaped area.
(i) Failure to display handicapped permit.
(j) Use of forged, stolen, or transferred parking permits.
(k) Parking in a loading zone.
(l) Parked in any space designated as handicapped parking where the parked vehicle does not have a valid handicapped permit visible.
(m) Parked at an area designated as a fire lane.
(2) The ((dean)) vice-president of administrative services or his or her designee(s) shall be authorized to impound vehicles parked on college property.
(a) Vehicles left abandoned on college property for an unreasonable duration are subject to impoundment by the college, pursuant to state law. An unreasonable duration is a period greater than five working days.
(b) Vehicles involved in more than two violations of these regulations within a twelve-month period are subject to impoundment.
(c) Impoundment and storage expenses shall be borne by the owner of the impounded vehicle.
(d) The college shall not be liable for loss or damage of any kind resulting from such impoundment and storage.
(e) Impoundment of a vehicle does not remove the obligation for any fines associated with the citation.
(3) An accumulation of traffic violations by a student will be cause for disciplinary action, and the ((dean)) vice-president of administrative services shall initiate disciplinary proceedings against such student pursuant to WAC 132W-109-050.
(4) Fines will be paid at the cashier's office.
(5) Unpaid fines will be referred to the registration office for notation. When fines are unpaid, transcripts, quarterly grade reports, or permission to reregister may be withheld.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-125-010 Statement of policy.
The college expects that students who receive services for which a financial obligation is incurred will exercise responsibility in meeting these obligations. Appropriate college staff ((is)) are empowered to act in accordance with regularly adopted procedures to carry out the intent of this policy, and if necessary to initiate legal action to insure that collection matters are brought to a timely and satisfactory conclusion.
Admission to or registration with the college, conferring of degrees and issuance of academic transcripts may be withheld for failure to meet financial obligations to the college.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-125-020 Withholding services for outstanding debts.
(1) Upon receipt of a request for services where there is an outstanding debt owed to the college from the requesting person, the college shall notify the person((, in writing by certified mail to the last known address,)) by the most expedient means that the services will not be provided since there is an outstanding debt, and further that until that debt is satisfied, no such services will be provided to the individual. The notice shall include a statement to inform the college that he or she has a right to a hearing before a person designated by the president of the college if he or she believes that no debt is owed. The notice shall state that the request for the hearing must be made within twenty-one days from the date of notification.
(2) Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and, at that time, shall hold a brief adjudicative proceeding concerning whether the individual owes or owed any outstanding debts to the institution. After the brief adjudicative proceeding, a decision shall be rendered by the president's designee indicating whether the college is correct in withholding services and/or applying offset for the outstanding debt.
(a) If the outstanding debt is found to be owed by the individual involved, no further services shall be provided.
(b) Notice of the decision shall be sent to the individual within five days after the hearing.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
WAC 132W-134-010 Rules coordinator.
The rules coordinator for Wenatchee Valley College as designated by the president is:
((Dean)) Vice President of Administrative Services
Wenatchee Valley College
1300 Fifth St.
Wenatchee, WA 98801
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
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)) To that end, 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)) employees 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 nondiscrimination 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.
Unauthorized camping on Wenatchee Valley College District property is not permitted. "Camping" is defined to include use of tents, RV's, sleeping bags, or other outdoor sleeping arrangements (including overnight occupancy of a vehicle parked on college property). Exceptions to this policy can only be approved by the president or designee.
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.
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.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
WAC 132W-141-020 Scheduling.
(1) College facilities are made available for outside agencies or individuals by scheduling through the room ((calendar coordinator)) scheduler on each campus with approval by the ((dean)) vice-president 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)) vice-president 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 noncollege 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 preapproved by the board of trustees or the president in accordance with state board for liquor control regulations.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
WAC 132W-141-030 Rental fees, additional charges, payment.
The following fees and charges are applicable to all noncollege 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)) outside of regular public hours 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 noncollege groups. Exemption and/or reduction in fees are allowed under WAC 132W-141-090. The ((dean)) vice-president 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 at least one week before the use of the facility.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
WAC 132W-141-040 Optional services.
The user shall arrange food and beverage services in advance with the college food services ((manager)) provider. Outside food service is not permitted without prior written approval from the food services ((manager)) provider. 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.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
WAC 132W-141-060 Liability.
(1) The ((dean)) vice-president 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)) vice-president 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.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
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. Repairs for 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)) the responsibility of the user.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
WAC 132W-141-080 Cancellations.
(1) Cancellations for facility rentals should be made at least forty-eight hours in advance. Notice of cancellation must be directed to the ((Dean)) vice-president of administrative services((, Wenatchee Valley College, 1300 Fifth Street, Wenatchee, WA 98801-1799, telephone number 509-662-1651 ext. 2133)) by telephone, e-mail, or mail. Failure to cancel at least forty-eight 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 forty-eight 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)) by telephone, e-mail, or mail. Failure to cancel at least forty-eight 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 forty-eight 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)) by telephone, e-mail, or mail. Failure to cancel at least forty-eight hours in advance may result in the forfeiture of rental fees.
AMENDATORY SECTION (Amending WSR 01-14-016, filed 6/25/01, effective 7/26/01)
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 is deemed to further the best interests of the college ((and its)).
Applications for reductions or exemptions must be made in writing to the ((dean)) vice-president 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.
Chapter  132W-145  WAC
WEAPONS ON CAMPUS
NEW SECTION
WAC 132W-145-010 Weapons on campus.
Wenatchee Valley College prohibits, on college property or in college facilities, the unauthorized possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments. Legal defense sprays are not covered by this policy. Exceptions to this policy are permitted when the weapon is used in conjunction with an approved college instructional program or is carried by a duly commissioned law enforcement officer. Violators of this policy will be subject to appropriate disciplinary and/or legal action.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-277-010 Purpose.
The purpose of this chapter is to ensure that Wenatchee Valley College complies with the provisions of chapter ((42.17)) 42.56 RCW and in particular with those sections of that chapter dealing with public records.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-277-050 Public records available.
All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW ((42.17.310)) 42.56.210 or other statutes.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-277-060 Public records officer.
The district's public records shall be in the charge of the public records officer designated by the chief administrative officer of the district. The public records officer shall be responsible for implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter ((42.17)) 42.56 RCW.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-277-080 Requests for public records.
Requests for public records shall be made at the administrative office of the district at Wenatchee Valley College, 1300 5th St, Wenatchee, WA 98801. In accordance with the requirements of RCW ((42.17.290)) 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are obtainable by members of the public only when those members of the public comply with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the district which shall be available at the district administrative office. The form shall be presented to the public records officer or, if the public records officer is not available, to any member of the district's staff at the district administrative office during customary office hours. The request shall include the following information:
(a) The name of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the information requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index((')); and
(e) If the requested information is not identifiable by reference to the current index, an appropriate description of the record requested.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-277-100 Determination regarding exempt records.
(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132W-277-080 is exempt pursuant to the provisions set forth in RCW ((42.17.310)) 42.56.210 or other statute. Such determination may be made in consultation with the public records officer, president of the college district, or an assistant attorney general assigned to the district.
(2) Pursuant to RCW ((42.17.260)) 42.56.070, the district reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, In each case, the justification for the deletion shall be explained fully in writing.
(3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the college, within five business days, either:
(a) Provides the record;
(b) Acknowledges receipt of the request and provides a reasonable estimate of the time the college will require to respond to the request; or
(c) Denies the request.
(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-277-110 Review of denials of public records requests.
(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.
(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president of the district or the president's designee.
(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president or designee, shall complete such review.
(4) During the course of the review the president or designee shall consider the obligations of the district to comply with the intent of chapter ((42.17)) 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW ((42.17.310)) 42.56.210 or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.
Chapter  132W-280  WAC
VIOLENCE IN THE WORKPLACE
NEW SECTION
WAC 132W-280-010 Violence in the workplace.
Wenatchee Valley College prohibits acts of intimidation as well as actual or threatened violence against co-workers, students, visitors, or any other persons who are either on campus or have contact with college employees in the course of their duties. The prohibited acts include behavior that interferes with an individual's legal rights of movement, or expression, disrupts the workplace, the academic environment or the college's ability to provide service to the public.