WSR 97-03-071
PROPOSED RULES
BELLINGHAM TECHNICAL COLLEGE
[Filed January 14, 1997, 4:20 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR [96-21-086 on] October 17, 1996.
Title of Rule: Hazing policy, amending chapter 495B-120 WAC to include policy on hazing, prohibiting college sponsored organizations, associations, or living groups from engaging individually or collectively in hazing of students.
Statutory Authority for Adoption: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW.
Statute Being Implemented: Chapter 238, Laws of 1991.
Summary: Adoption of a hazing policy as required by RCW 28B.10.901 - 28B.10.903.
Reasons Supporting Proposal: Bellingham Technical College currently has no hazing policy in effect.
Name of Agency Personnel Responsible for Drafting: Melissa Reimer, 320 BNB, 103 East Holly, Bellingham, WA 98225, (360) 676-2037; Implementation and Enforcement: Des McArdle, President, Bellingham Technical College, 3028 Lindbergh Avenue, Bellingham, WA 98225, (360) 738-3105 x 333.
Name of Proponent: Bellingham Technical College, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Bellingham Technical College prohibits college sponsored organizations, associations or living groups and their members from engaging individually or collectively in hazing activities. Puts in place definitions and penalties. No anticipated changes or effects.
Proposal Changes the Following Existing Rules: Adds new rule regarding hazing.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No monetary implications attached to the rule.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Rules relate to internal governmental operations.
Hearing Location: College Services Building, Board Room, Bellingham Technical College, 3028 Lindbergh Avenue, Bellingham, WA 98225, on March 13, 1997, at 10 a.m.
Submit Written Comments to: Jody McBee, FAX (360) 676-2798, by March 12, 1997.
Date of Intended Adoption: March 20, 1997.
January 10, 1997
Jody McBee
Rules Coordinator
NEW SECTION
WAC 495B-120-035 Hazing. (1) Bellingham Technical College prohibits college-sponsored organizations, associations or living groups and their members from engaging individually or collectively in hazing activities.
(2) Hazing is defined as any method of initiation into a student organization, association 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 any institution of higher education or postsecondary institution. "Hazing" does not include customary athletic events or other similar contests or competitions.
(3) Penalties.
(a) Any organization, association or student living group that knowingly permits hazing shall:
(i) Be liable for harm caused to persons or property resulting from hazing; and
(ii) Be denied recognition by Bellingham Technical College as an official organization, association or student living group on the Bellingham Technical College campus. If the organization, association or student living group is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.
(b) The student conduct code, WAC 495-120-040 through 495-120-150, may be applicable to hazing violations.
(c) Members of student organizations, associations or living groups who participate in or conspire to participate in hazing activities will be subject to appropriate college disciplinary actions in accordance with the student conduct code.
(d) Other disciplinary actions for individuals of student organizations, associations or living groups participating in hazing activities may include forfeiture of any entitlement to state-funded grants, scholarships or awards for a period of time determined by the college.
(e) Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021.
(i) Impermissible conduct associated with initiation into a student organization, association or living group or any pastime or amusement engaged in, with respect to the organization, association or living group, will not be tolerated.
(ii) Impermissible conduct which does not amount to hazing may include conduct which causes embarrassment, sleep deprivation or personal humiliation, or may include ridicule or unprotected speech amounting to verbal abuse.
(iii) Impermissible conduct not amounting to hazing is subject to
any sanctions available under the student conduct code, WAC 495-120-040
through 495-120-150, depending upon the seriousness of the violation.
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