WSR 98-09-032

PREPROPOSAL STATEMENT OF INQUIRY

CLARK COLLEGE

[Filed April 10, 1998, 11:02 a.m.]



Subject of Possible Rule Making: Chapter 132N-300 WAC, Grievance procedure--Discrimination.

Statutes Authorizing the Agency to Adopt Rules on this Subject: To clarify college procedure for processing of informal and formal grievances filed on the basis of discrimination or harassment.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Required as a condition of receipt of federal financial assistance. See 34 C.F.R. 104.7 ("Designation of responsible employee and adoption of grievance procedures", implementing Section 504, Rehabilitation Act of 1973, 29 U.S.C. 794) and 34 C.F.R. 106.8. See 34 C.F.R. 106.8 ("Designation of responsible employee and adoption of grievance procedures," implementing Title IX of Education Amendments of 1972, 20 U.S.C. 1681 et seq.). Federal regulations do not require that grievance procedures be exhausted before recourse is sought from the Department of Education; however, it is desirable and efficient in many cases for complainants to seek resolution of their complaints and disputes through available grievance procedures at the college level.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of Civil Rights, United States Department of Education, 2901 Third Avenue, Mailstop 106, Seattle, WA 98121; Equal Employment Opportunity Commission, 1321 Second Avenue, 7th Floor, Arcade Plaza, Seattle, WA 98101; Human Rights Commission, 1515 Second Avenue, Columbia Building, Suite 400, Seattle, WA 98101. Grievance procedures do not have to be exhausted before recourse is sought with these federal and state agencies.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Donna Kelly, Assistant Dean for Affirmative Action, Employment Opportunity, Clark College, 1800 East McLoughlin Boulevard, Vancouver, WA 98663, phone (360) 992-2355.

April 8, 1998

Tana L. Hasart

Interim President

Legislature Code Reviser

Register

Washington State Code Reviser's Office