Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-04-072 on February 4, 2013.

     Title of Rule and Other Identifying Information: WAC 132L-136-011 Use of facilities, 132L-136-070 Limitations of use, 132L-136-010 Use of facilities (re: Smoking), 132L-136-021 Smoking policy, 132L-120-080 Student responsibilities, 132L-26-030 Employee notification, 132L-108-040 Application for adjudicative proceeding, 132L-133-020 Organization -- Operation -- Information, and 132L-276-070 Office hours.

     Hearing Location(s): Centralia College Atrium, 600 Centralia College Boulevard, Centralia, WA 98531-4099, on May 21, 2013, at 3:30.

     Date of Intended Adoption: May 28, 2013.

     Submit Written Comments to: Julie Ledford, Vice-President of Human Resources and Legal Affairs, 600 Centralia College Boulevard, Centralia, WA 98531-4099, e-mail jledford@centralia.edu, fax (360) 330-7501, by May 14, 2013.

     Assistance for Persons with Disabilities: Contact Julie Ledford by May 6, 2013, TTY (360) 736-9391.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend to update and adopt WACs related to use of facilities - smoking and expressive speech, as well as updating addresses, hours of operation, and emergency notification system.

     Reasons Supporting Proposal: The college is in the process of amending to update its internal policy and procedures consistent with changes in governance structure, campus safety - emergency notification system, smoking, expressive speech, and addresses and hours.

     Statutory Authority for Adoption: RCW 28B.50.140 and chapter 34.05 RCW.

     Statute Being Implemented: RCW 28B.50.140.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Centralia College (District 12), governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Ledford, Centralia, Washington, (360) 736-9391.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Centralia College has determined that [it] is not subject to the Regulatory Fairness Act because the rule is for the purpose of updating our internal policy and procedures consistent with changes in governance structure, campus safety - emergency notification system, smoking, expressive speech, and updating of addresses and hours.

     A cost-benefit analysis is not required under RCW 34.05.328. Centralia College is not a listed agency in RCW 34.05.328.

April 10, 2013

James M. Walton

President

OTS-5377.1

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-120-080   Student responsibilities.   (1) Students who choose to attend Centralia College also choose to participate actively in the adult learning process offered by the college. As a process, learning is not a product or commodity that is bought and sold, but rather, is a relationship between teachers who are willing and competent to teach and learners who are willing and competent to learn. Therefore, the responsibility for learning is shared equally between students and faculty.

     (2) The college is responsible for providing its students with an educational environment rich in the high quality resources needed by students to attain their individual educational goals. In return, students are responsible for making themselves aware of the full breadth of the resources available, for the timely choosing and appropriate use of those resources, and for the specific behavioral tasks necessary for attaining desired learning outcomes. Examples of specific student responsibilities are:

     (a) To know and adhere to the college's policies, practices, and procedures;

     (b) To participate actively in the learning process, both in and out of the classroom;

     (c) To seek timely assistance in meeting educational goals;

     (d) To attend all class sessions;

     (e) To participate in class activities;

     (f) To participate actively in the advising process;

     (g) To develop skills required for learning, e.g., basic skills, time management, motivation, study skills, and openness to the educational process;

     (h) To assume final responsibility for the selection of appropriate educational goals;

     (i) To assume final authority for the selection of courses appropriate for meeting chosen educational goals;

     (j) To seek out and use campus resources; and

     (k) To contribute towards improving the college.

     (3) Any student is subject to these rules, independent of any other status the individual may have with the college. Any action taken against a student under these rules shall be independent of other actions taken by virtue of another relationship with the college in addition to that of student.

     (4) The college recognizes a responsibility to resolve behavioral problems before they escalate into serious problems. Therefore, the chief judicial affairs officer shall seek the assistance of other college departments or offices in investigating student behavioral problems. The chief judicial affairs officer will be as proactive as is possible concerning the resolution of student behavioral problems and use reasonable arbitration and conflict resolution methods in order to prevent such problems from escalating. The chief judicial affairs officer may seek and authorize settlements involving disputes related to student conduct when such settlements will better serve the college's broader interests.

     (5) Students are expected to obey all college rules and regulations and obey the law. Any student shall be subject to disciplinary action as provided for in this code who, either as a principal actor, aider, abettor, or accomplice violates any local, state, or federal law, interferes with the personal rights or privileges of others or the educational process of the college; violates any provision of this code; or commits any of the following prohibited actions. The standard of conduct as listed below should be interpreted by students as general notice of prohibited conduct. They should be read broadly, and are not designed to define misconduct in exhaustive terms:

     (a) Assault, intimidation, or interference.

     (b) Disorderly, disruptive, or abusive conduct: Disorderly, disruptive, or abusive behavior that interferes with the rights of others or which obstructs or disrupts teaching, learning, research, or administrative functions. Such conduct includes, but is not limited to: Interference with any speaker or audience; blocking or impeding pedestrian or vehicular traffic; blocking access to or from campus buildings or offices; and activities of observers or participants that disrupt classes, meetings, office or business activities, or any other normal functions of the college.

     (c) Failure to follow instructions: Inattentiveness, inability, or failure of student to follow the reasonable instructions of any college employee acting within his or her professional responsibility; refusal to comply with any lawful order to leave the college campus or any portion thereof.

     (d) Illegal assembly, obstruction, or disruption: Any assembly or other act which interferes with vehicular or pedestrian traffic, classes, hearings, meetings, the educational and administrative functions of the college, or the private rights and privileges of others.

     (e) False complaint: Filing a formal complaint falsely accusing another student with violating a provision of this code or falsely accusing a college employee of a misdeed. Also includes making any intentional false claim, charge, or statement against any member of the college community to harass, defame, or intimidate that individual.

     (f) False alarms: Falsely setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities. This includes reporting any type of emergency known to be false.

     (g) Sexual harassment: Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or because of the sex of the recipient, where such behavior ((offends the recipient or a third party, causes discomfort or humiliation, creates an intimidating, offensive, or hostile work or classroom environment that)) is sufficiently severe, persistent, or pervasive so as to substantially interfere((s)) with ((job or school performance)) the victim's ability to fully participate in the educational program or alters conditions of employment.

     (h) Racial harassment: Engaging in verbal, written, or physical conduct relating to a person's race or color when the harassing conduct is sufficiently severe, persistent, or pervasive that it ((affects a person's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening, abusive, or otherwise hostile educational or work environment; or the harassing conduct)) has the ((purpose or)) effect of substantially or unreasonably interfering with a person's ((academic or work performance; or the harassing conduct otherwise adversely affects an individual's learning opportunities or employment opportunities)) ability to participate in or benefit from an educational program or activity or alters the conditions of employment. A hostile environment may be created by behaviors such as, but not necessarily limited to:

     (i) Intimidation and implied or overt threats of physical violence motivated by race, color, or national origin;

     (ii) Physical acts of aggression or assault upon another, or damage to another's property that is motivated by the individual's race, color, or national origin;

     (iii) Depending on the circumstances and context, demeaning racial jokes, taunting, racial slurs, and derogatory racial "nicknames," innuendoes, or other negative or derogatory remarks of a racial nature or relating to national origin;

     (iv) Depending on the circumstances and context, graffiti and/or slogans or visual displays such as cartoons or posters depicting racial/ethnic slurs or racially/ethnically derogatory sentiments;

     (v) Criminal offenses directed at persons because of their race or national origin.

     (i) Furnishing false or incomplete information: The submission of information known to be false or incomplete to any college official. This includes, but is not limited to, providing false or incomplete information during an investigation, or before any student or employee disciplinary, grievance, or tenure process or hearing, or on any college document or form, or to any college employee or agent requesting information as part of their official duties and responsibilities.

     (j) Intimidation of witnesses: Threatening or otherwise placing undue emotional pressure on any witness or potential witness during an investigation or informal or formal college hearing.

     (k) Destruction of evidence: Knowingly destroying any evidence that could be used during an investigation or informal or formal college hearing for the purpose of denying its use as part of the investigation or hearing.

     (l) Sexual assault: Any type of sexual assault in any form, including acquaintance rape and other forced and/or nonconsensual sexual activity.

     (m) Physical or emotional abuse: Actual or attempted physical or emotional abuse of any person or conduct which threatens or endangers the health and safety of any person or which intentionally or recklessly causes a reasonable apprehension of harm to any person.

     (n) Harassment: Behavior of any sort or any malicious act which serves no legitimate or legal purpose which causes harm to any person's physical or mental well-being. Includes intentionally and repeatedly following or contacting another person by any means in a manner that alarms, annoys, intimidates, ((harasses, causes substantial emotional distress,)) causes fear for personal safety or property, or is detrimental to that person or that would cause any of these reactions in a reasonable person. A warning that the behavior is unwanted is not required if a reasonable person would have known that the behavior in question was more likely than not to result in any of the above reactions in another reasonable person and no legitimate or legal purpose is evident.

     (o) Threat: Conduct intended to threaten bodily harm, damage to property, or to endanger the health or safety of any person on the college campus. Includes behavior that involves an expressed or implied threat to interfere with an individual's personal safety, academic efforts, employment, or participation in college activities and causes the person to have a reasonable apprehension that such interference is about to occur.

     (p) Reckless conduct: Recklessly engaging in conduct which creates a substantial risk of physical harm to either one's self or another person.

     (q) Incitement: Intentionally inciting others to engage immediately in any unlawful activity, which incitement leads directly to such conduct.

     (r) Undue noise: Unauthorized creation of noise in such a way as to interfere with college functions or using sound amplification equipment in a loud and raucous manner.

     (s) Aiding or abetting misconduct: Aiding, assisting, abetting, or serving as an accomplice in the commission of any illegal act or any act prohibited by this code.

     (t) Failure to cooperate with an investigation: Failure to cooperate with any lawful investigation of any conduct violation when such investigation is carried out by any college employee acting within the scope of their responsibilities; failure to cooperate with an investigation of any conduct violation, or interference with a proper investigation of any conduct violation by withholding evidence, encouraging or threatening another to withhold evidence.

     (u) Theft or robbery: Theft of the property of the district or of another; actual or attempted theft of property or services belonging to the college, any member of its community, or any campus visitor; includes knowingly possessing stolen property.

     (v) Malicious mischief: Intentional or negligent damage to or destruction of any college facility or other public or private real or personal property.

     (w) Unauthorized use of college equipment and supplies: Using college equipment or supplies for personal gain or use without proper authority.

     (x) Unauthorized entry, access, or presence: Unauthorized entry, access, or presence upon the property of the college or into a college facility or portion thereof which has been reserved, restricted in use, or placed off limits; unauthorized presence in any college facility or office at any time; or unauthorized possession or use of a key, access code, or password to any college facility or system. Unauthorized entry, access, or presence also applies to unauthorized access to any college, student, or staff data base, computer system, telephone system, or information system.

     (y) Computer, telephone, or electronic technology violation: Conduct that violates college published policies on computer, telephone, or electronic technology use. This includes the use of any college computer, computer system, telephone system, information system, or other electronic technology to violate any local, state, or federal law.

     (z) Cheating, fabrication, facilitating academic dishonesty, multiple submission, and plagiarism. Cheating is intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise. The term academic exercise includes all form of work submitted for credit or hours. Fabrication is the intentional and unauthorized falsification or invention of any information or citation in an academic exercise. Facilitating academic dishonesty is intentionally or knowingly helping or attempting to help another to violate a provision of this section of the discipline code. Multiple submission includes submitting the same or substantially the same paper or oral report in more than one course without the instructor's permission in the later course(s). Plagiarism is the deliberate adoption or reproduction of ideas or words or statements of another person as one's own without acknowledgment.

     (aa) Forgery or alteration of records: Forging or tendering any forged records or instruments of any district record or instrument to an employee or agent of the college.

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

     (cc) Smoking: Smoking ((in any classroom or laboratory, the library, or in any college facility or office posted "no smoking" or in any area of the campus posted "no smoking.")) is prohibited on campus except in designated smoking areas.

     (dd) Controlled substances: Using, possessing, being demonstrably under the influence of, or selling any narcotic or controlled substance or legend drugs including anabolic steroids, except when the use or possession of a drug is specifically prescribed as medication by an authorized health care provider licensed by law to prescribe the said medication.

     (ee) Alcoholic beverages: Being demonstrably under the influence of any form of alcoholic beverage. Possessing or consuming any form of alcoholic beverage on college property or any college-controlled facility or at any college activity, program, or event, with the exception of sanctioned events, approved by the president or his or her designee.

     (ff) Violation of college policy: Violation of clearly stated proscriptions in any published college policy, rule, or regulation.

     (gg) Ethics violation: The ((breech)) breach 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.

     (hh) 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 Centralia 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.

     (ii) 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.

     (jj) Prohibition of animals: No student may bring into or allow any animal, with the exception of service animals, to enter any college owned or controlled facility. All dogs on campus shall be under direct physical control, leashed by their owner or custodian.

     (kk) Misuse of student identification: Includes, but is not limited to, alteration of validly issued identification in any manner; use of, or allowing use of, identification by a person other than the one for whom the identification was issued; or use of counterfeit student identification.

     (ll) Other misconduct: Any other conduct or action in which the college can demonstrate a clear and distinct interest and which threatens the educational process or any other legitimate function of the college or the health or safety of any member of the college community or visitor.

     (mm) Failure to comply with the following regulations governing firearms and weapons:

     (i) It shall be the policy of the college that carrying, exhibiting, displaying, or drawing any weapon or weapon facsimile, such as a gun or firearm, dagger, sword, knife, or any other cutting or stabbing instrument or club or any other weapons apparently capable of producing bodily harm and/or property damage is prohibited, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for safety of other persons is prohibited.

     (ii) Explosives, incendiary devices, or any similar device, object, or product is prohibited.

     (iii) The above regulations shall not apply to equipment or material owned, used, or maintained by the college; nor will they apply to law enforcement officers.

     (nn) Gambling: Any form of gambling is prohibited.

     (oo) Lewd conduct: Engaging in lewd, indecent, or obscene behavior as defined by applicable law is prohibited.

     (pp) Bicycling and skating: All persons using bicycles, skates or other similar nonpowered conveyances or vehicles shall do so in a manner that does not endanger the health, safety or welfare of themselves or others, and that does not unduly interfere with pedestrians, cause damage, block or impede access, create noise or distraction that interferes with the learning environment, or in any manner that interferes with the rights of others.

     (qq) Skateboarding: No skateboarding shall be allowed on or in any Centralia College owned or controlled campus or facility.

     (6) The college will consider as an aggravating factor in determining sanctions any violation of law or of this student code in which it can be shown that the accused intentionally selected the person or target of the violation based upon race, religion, color, disability, sexual orientation, national origin, or ancestry, and therefore may impose harsher or additional sanctions and penalties.

     (7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of various cities, municipalities, counties, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the college.

[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 04-19-062, § 132L-120-080, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140. 00-07-113, § 132L-120-080, filed 3/20/00, effective 4/20/00.]

OTS-5376.2

AMENDATORY SECTION(Amending WSR 90-05-005, filed 2/9/90, effective 3/12/90)

WAC 132L-108-040   Application for an adjudicative proceeding.   An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address: Administrative Services, Hanson Administration Building, corner of Walnut and Rock streets. The mailing address is 600 ((West Locust)) Centralia College Blvd., Centralia, WA 98531-4099.

     Written application for an adjudicative proceeding should be submitted to the above address within 20 days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

[Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. 90-05-005, § 132L-108-040, filed 2/9/90, effective 3/12/90.]

OTS-5378.2

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-133-020   Organization -- Operation -- Information.   (((a))) (1) Organization. Centralia College is established in Title 28B RCW as a public institution of higher education. A five-member board of trustees, appointed by the governor, governs the institution. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

     (((b))) (2) Operation. The administrative services office is located at the following address: Hanson Administration Building, Corner of Walnut and Rock Streets. The mailing address is 600 ((West Locust)) Centralia College Blvd., Centralia, WA 98531-4099.

     ((The operating hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays for fall, winter and spring quarters (approximately September 1 through June 15). Summer hours (approximately June 16 through August 31) are 7:30 a.m. to 5:00 p.m. Monday through Thursday, and 7:30 a.m. to 11:30 a.m. on Friday, except holidays.)) Educational operations are located at the following addresses: 600 ((West Locust)) Centralia College Blvd., Centralia, WA 98531-4099 and Centralia College East, 701 Airport Way, Morton, WA 98356.

     (((c))) (3) Additional and detailed information concerning the educational offerings may be obtained from the catalog((, copies of which are available at the following address: Admissions)) on the Centralia College web site at www.centralia.edu and in the Enrollment Services Office, 600 ((West Locust)) Centralia College Blvd., Centralia, WA 98531-4099.

[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 04-19-062, § 132L-133-020, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.090(10). 93-13-050 (Order A-1(93)), § 132L-133-020, filed 6/15/93, effective 7/16/93. Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. 90-05-005, § 132L-133-020, filed 2/9/90, effective 3/12/90.]

OTS-5379.1

AMENDATORY SECTION(Amending Order 72-1, filed 1/19/72)

WAC 132L-136-010   Definition.   ((Because of the fire hazard and as a courtesy to nonsmokers, smoking is prohibited in classrooms and laboratories during scheduled classes and in other areas where posted.)) "Smoke" or "smoking" means carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment; the use of any tobacco or nicotine product; or the use of any facsimile of a tobacco or nicotine product, including electronic cigarettes. Nicotine gum, patches, or like products are permissible.

[Order 72-1, § 132L-136-010, filed 1/19/72.]

[]

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[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 04-19-062, § 132L-136-021, filed 9/15/04, effective 10/16/04.]

     (2) College facilities may not be used for commercial sales, advertising, or promotional activities except when such activities serve educational purposes of the college and are conducted under the sponsorship of a college department of office.

     (3) Each group or organization which uses college facilities must abide by the policies and procedures for use as determined by the board of trustees and/or the college president and shall be subject to revocation of their privilege to use the facilities for failing to do so.

     (4) The administration reserves the right to deny or cancel the use of facilities ((when such use or meeting may in any way be prejudicial to the best interests)) anytime the administration determines that such use or meeting interferes with or disrupts the instructional, educational or business functions of the college.

[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 04-19-062, § 132L-136-070, filed 9/15/04, effective 10/16/04; Order 74-18, § 132L-136-070, filed 3/19/74.]

OTS-5375.1

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-26-030   ((Employee)) Public notification -- Time.   If the president declares a condition of suspended operations, the public will be notified of this closure via ((local radio station transmission)) the media and social media at least one hour prior to the opening of the business day.

[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 04-19-062, § 132L-26-030, filed 9/15/04, effective 10/16/04. Statutory Authority: Chapters 28B.10 and 28B.50 RCW. 81-03-036 (Resolution No. 81-2), § 132L-26-030, filed 1/14/81; Order 77-30, § 132L-26-030, filed 9/1/77.]

OTS-5380.1

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-276-070   Office hours.   Public records shall be available for inspection and copying during the ((customary)) open office hours of the college. ((For the purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays. During summer operations, Friday hours shall be from 9:00 a.m. to 11:00 a.m.))

[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 04-19-062, § 132L-276-070, filed 9/15/04, effective 10/16/04; Order 73-20, § 132L-276-070, filed 5/18/73.]