WSR 15-08-042

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 26, 2015, 11:00 a.m.]

Subject of Possible Rule Making: Revise chapter 132A-125 WAC, Student rights and responsibilities, based on new Title IX and Violence Against Women Act (VAWA) regulations.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140(13).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Modification of rule needed to update misconduct and incorporate Title IX and VAWA procedural elements based on the Department of Education's final rule released in October 2014.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Education, Office for Civil Rights has provided colleges with recent specific guidance on Title IX requirements: Final rule, October 17, 2014, Dear Colleague Letter, April 4, 2011, and Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students or Third Parties, January 2001; May 9, 2013, University of Montana-Missoula OCR compliance review and settlement agreement. See also 2013 amendment to VAWA.

Process for Developing New Rule: Agency study; and review by administrative policy and procedure review committe [committee], college council, president's cabinet, board of trustees.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jack Huls, Vice-President for Student Services, (360) 417-6225, or jhuls@pencol.edu; or Patricia Fischer, Executive Assistant to the President and Rules Coordinator, (360) 417-6201, or pfischer@pencol.edu, to provide comments on this rule.

March 26, 2015

P. A. Fischer

Rules Coordinator