WSR 97-07-003

PROPOSED RULES

BATES TECHNICAL COLLEGE

[Filed March 7, 1997, 11:06 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-01-083.

Title of Rule: Amending chapter 495A-120 WAC, Student conduct code by adding new sections on hazing.

Purpose: To implement state statute prohibiting hazing by a student, organization or living group.

Statutory Authority for Adoption: RCW 28B.10.902(3), 28B.50.140(13).

Statute Being Implemented: RCW 28B.10.900 - 28B.10.903.

Summary: To implement state statute prohibiting hazing.

Reasons Supporting Proposal: Required by statute.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Alberta May-Koheler, 1101 South Yakima, Tacoma, WA 98405, (206) 596-1532.

Name of Proponent: Bates Technical College, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: To prohibit and define hazing.

Proposal Changes the Following Existing Rules: The rule adds another type of prohibited activity.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Rule has no application to industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Does not apply to this rule adoption.

Hearing Location: Bates Technical College, Clyde Hupp Board Room, 1101 South Yakima Avenue, Tacoma, WA 98405, on May 1, 1997, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Dan Eberle by April 23, 1997, TDD (206) 596-1698.

Submit Written Comments to: Jon Thorpe, FAX (206) 596-1663, by April 30, 1997.

Date of Intended Adoption: May 21, 1997.

March 6, 1997

Jon G. Thorpe

Senior Vice-President

NEW SECTION

WAC 495A-120-041 Hazing. (1) Hazing, as defined by state law and this policy, is prohibited at Bates Technical College.

(2) Consistent with state law, RCW 28B.10.900, hazing at Bates Technical College means 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 person attending a public or private institution of higher education or other postsecondary educational institution in this state. "Hazing" does not include customary athletic events or other similar contests or competitions. For example, athletic activity such as playing soccer or baseball is not considered hazing. However, team initiation rituals could involve hazing and are prohibited.

(3) At Bates Technical College a student organization includes a student association or educational program. Examples of prohibited activities regardless of the location, include, but are not limited to: Forced consumption of alcohol or drugs, excessive exercise, activities which may threaten the health of the individual or compelling individuals to engage in activities which violate the Bates Technical College Student Code of Conduct.

(4) No student at Bates Technical College may conspire to engage in hazing. Conspire means to plan for or otherwise engage in hazing.

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NEW SECTION

WAC 495A-120-042 Penalties for hazing. (1) Any organization, association or student group that knowingly permits hazing shall, according to RCW 28B.10.901:

(a) Be liable for harm caused to persons or property resulting from hazing; and

(b) Be denied recognition by Bates Technical College as an official organization, association or student group on this campus.

If the organization, association or student group is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

(2) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships or awards for a period of at least one full quarter.

(3) Forfeiture of state-funded grants, scholarships or awards to recipients engaged in hazing activities or impermissible conduct not amounting to hazing may continue for additional quarters, up to and including permanent forfeiture, based upon the seriousness of the violations.

(4) Violation of the state hazing law is punishable in a court of law. Hazing violations are misdemeanors punishable under state criminal law according to RCW 9A.20.021. The maximum sentence for a misdemeanor is imprisonment in the county jail for ninety days or a one thousand dollar fine or both.

(5) Violations of the hazing policy are also enforced through the Student Code of Conduct - Grievance and Appeals Process. Hazing incidents should be reported to the vice-president for student services.

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NEW SECTION

WAC 495A-120-043 Sanctions for impermissible conduct not amounting to hazing. (1) Impermissible conduct which may not be defined as hazing includes, but is not limited to conduct which causes embarrassment, sleep deprivation or personal humiliation, or may include ridicule or unprotected speech amounting to verbal abuse.

(2) Impermissible conduct associated with initiation into a student organization, association, program, or any pastime or amusement engaged in, with respect to the organization association or program will not be tolerated at Bates Technical College.

(3) Impermissible conduct not amounting to hazing is subject to sanctions available under the Student Code of Conduct, depending upon the seriousness of the violation.

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