WSR 03-13-081

PROPOSED RULES

COMMUNITY COLLEGES

OF SPOKANE

[ Filed June 16, 2003, 11:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-094.

Title of Rule: Adopt new chapter 132Q-02 WAC.

Purpose: New sections WAC 132Q-02-010 Definitions, 132Q-02-020 Purpose for adoption of student rules, 132Q-02-030 Jurisdiction, 132Q-02-040 Student misconduct, 132Q-02-050 Academic dishonesty, 132Q-02-060 Classroom conduct/learning environment, 132Q-02-070 Authority to suspend, 132Q-02-080 Conduct at college functions, 132Q-02-090 Other punishable acts, 132Q-02-100 Hazing, 132Q-02-110 Disciplinary actions, 132Q-02-120 Delegation of disciplinary authority, 132Q-02-130 Due process, 132Q-02-140 Initiation of disciplinary action, 132Q-02-150 Composition of college disciplinary committee, 132Q-02-160 Evidence admissible in proceedings, 132Q-02-170 Appeal of disciplinary actions, 132Q-02-180 Reporting, recording and maintenance of disciplinary records, 132Q-02-190 College disciplinary committee proceedings, 132Q-02-200 Brief disciplinary proceedings, 132Q-02-210 Conduct at disciplinary proceedings, 132Q-02-220 Decision of the college disciplinary committee, 132Q-02-230 Final decision regarding appeal of disciplinary committee action, 132Q-02-240 Readmission after suspension, 132Q-02-250 Emergency authority of campus president, 132Q-02-260 Purpose of immediate summary suspension rules, 132Q-02-270 Initiation of immediate summary suspension proceedings, 132Q-02-280 Notice of immediate summary suspension proceedings, 132Q-02-290 Procedures of immediate summary suspension proceedings, 132Q-02-300 Decision by vice president, 132Q-02-310 Notice of immediate summary suspension, 132Q-02-320 Failure to appear, 132Q-02-330 Appeal of immediate summary suspension, 132Q-02-340 Immediate summary suspension proceedings not duplicative, 132Q-02-350 Confidentiality of student records, 132Q-02-360 Education records, 132Q-02-370 Records requests and appeals, 132Q-02-380 Release of personally-identifiable records, 132Q-02-390 College records, 132Q-02-400 Records committee, 132Q-02-410 Eligibility for clinical programs, 132Q-02-420 Grounds for athletic ineligibility, 132Q-02-430 Right to brief adjudicative procedure -- Athletics, 132Q-02-440 Brief adjudicative procedure -- Athletics, and 132Q-02-450 Brief adjudicative decision -- Athletics, to consolidate student rules into one chapter.

Statutory Authority for Adoption: RCW 28B.50.140.

Statute Being Implemented: None.

Summary: To update district rules regulating student conduct, suspension and dismissal procedures.

Reasons Supporting Proposal: To improve district efficiency.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Connie Stafford Sherman, 501 North Riverpoint Boulevard, P.O. Box 6000, (509) 434-5060.

Name of Proponent: Community Colleges of Spokane, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes primarily are for housekeeping purposes and district efficiency. Rules repealed are now consolidated in student rights and responsibilities and general campus conduct chapters to create ease of reading and understanding. Various other changes include updating terminology and procedural changes.

Proposal does not change existing rules. The proposal changes do not affect any current rule in substantive manner. Changes are primarily for housekeeping purposes and clarification.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption. Rules are primarily for internal district operation and are not subject to violation by a nongovernment party.

Hearing Location: 2000 North Greene Street, Spokane, WA 99217, on August 19, 2003, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Connie Stafford Sherman by August 8, 2003.

Submit Written Comments to: Connie Stafford Sherman, 501 North Riverpoint Boulevard, P.O. Box 6000, Mailstop 1002, Spokane, WA 99217-6000, fax (509) 434-5025, by August 8, 2003.

Date of Intended Adoption: August 19, 2003.

June 12, 2003

Connie Stafford Sherman

Vice Chancellor

Systems Administration


NEW SECTION
WAC 132Q-02-010   Definitions.   As used in this chapter, the following words and phrases shall mean:

(1) Appropriate Vice President - The chief administrative officer over student services regardless of position title.

(2) Assembly - Any overt activity engaged in by two or more persons, the object of which is to gain publicity, advocate a view, petition for a cause or disseminate information to any person, persons or group of persons.

(3) Board - The board of trustees of Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).

(4) Chancellor - Chief Executive officer over Community Colleges of Spokane.

(5) College - Any community college or center, which may be created by the board of trustees of Community Colleges of Spokane.

(6) College facilities - Any or all real property owned, operated, or maintained by the board of trustees of Community Colleges of Spokane, and shall include all buildings and appurtenances affixed thereon or attached thereto.

(7) College personnel - Any person employed or representing, on a full-time or part-time basis Community Colleges of Spokane.

(8) Disciplinary action - The expulsion, suspension or admonition of any student by the appropriate college president or vice president for the violation of any designated rule of student conduct for which a student is subject to disciplinary action.

(9) District - Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).

(10) Hazing - Any method of initiation into a student organization, group or pastime or amusement engaged in with respect to such an organization or group that causes or is likely to cause bodily harm or serious mental or emotional harm to any student or other person attending any institution of higher education or post-secondary institution. Excluded from this definition are "customary athletic events or other similar contests or competitions."

(11) Immediate Summary Suspension - Immediate suspension from the college due to student presenting imminent danger to himself/herself or other persons on college facilities or to the educational process of the college.

(12) Instructional Day - Any regularly scheduled instructional day designated in the academic year calendar, including summer quarter, as a day when classes are held or during final examination week. Saturdays and Sundays are not regularly scheduled instructional days.

(13) Others - Any person other than a student or college personnel visiting, attending or speaking within the college community.

(14) Personally-Identifiable Information - Information which includes either (a) the name of the student, the student's parent, or other family member(s), (b) the address of the student's or student's family, (c) a personal identifier such as the student's social security number or student identification number, (d) a list of personal characteristics which would make it possible to identify the student with reasonable certainty, or (e) other information which would make it possible to identify the student with reasonable certainty.

(15) President - Unless otherwise designated shall mean the duly appointed president, chief executive of any college, instructional unit of Community Colleges of Spokane.

(16) RCW - The Revised Code of Washington.

(17) Student - Any person who is or has been officially registered at any college or instructional unit with Community Colleges of Spokane and with respect to whom the college maintains educational records or personally-identifiable information.

(18) Student Rights and Responsibilities - Rules regulating student conduct as adopted in this chapter.

(19) WAC - The Washington Administrative Code.

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NEW SECTION
WAC 132Q-02-020   Purpose for adoption of student rules.   (1) All colleges administered by the board of trustees for Community Colleges of Spokane are maintained by the state of Washington for the accomplishment of certain special purposes; namely, the provision of programs of instruction in higher education, the advancement of knowledge through scholarship and research, and the provision of related community services. Like any other social institution having its own special purpose, a college must maintain conditions conducive to the effective performance of its functions. Consequently, the college has special expectations regarding the conduct of the various participants in the academic community. Student conduct, which distracts from or interferes with accomplishment of college purposes, is not acceptable.

(2) Admission to a college within the district carries with it the presumption that students will conduct themselves as responsible members of the academic community. This includes an expectation that students will obey the law, comply with rules and regulations of the college and its departments, maintain a high standard of integrity and honesty and respect the rights, privileges and property of other members of the college community.

(3) It is assumed that students are and wish to be treated as adults. As such, students will accept responsibility for their conduct. In order to accomplish educational purposes of the college and also to provide students a full understanding of the rules that will enable the college to maintain conditions conducive to the effective performance of the college's functions, the following rules regarding the conduct of students are hereby adopted. Sanctions for violations of the rules of student conduct herein adopted will be administered by the college in the manner provided by said rules. When violations of laws of the state of Washington and/or the United States are also involved, the college may refer such matters to proper civil authorities. In case of minors, this conduct may be referred to parents or legal guardians.

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NEW SECTION
WAC 132Q-02-030   Jurisdiction.   All rules herein adopted concerning student conduct and discipline shall apply to every student attending a community college within Community Colleges of Spokane whenever said student is engaged in or present at any approved college-related activity occurring on or off college facilities. Facilities includes locations in which students are engaged in official college activities such as training internships, cooperative and distance education, practicums, supervised work experiences or any other college-sanctioned social or club activities.

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NEW SECTION
WAC 132Q-02-040   Student misconduct.   Misconduct for which the campuses may impose sanctions and/or disciplinary action includes, but is not limited to, any of the following:

(1) The intentional or repeated obstruction or disruption of teaching, research, administration, disciplinary proceedings or other campus activities, including public service function and other authorized activities on campus premises;

(2) Academic dishonesty, as described in WAC 132Q-02-050, to include cheating, plagiarism, or knowingly furnishing false information to any campus or district employee;

(3) Failure to comply with the direction of campus officials acting in the legitimate performance of their duties or failure to properly identify oneself to those persons when requested to do so;

(4) Intentional physical or verbal abuse, threats, intimidation, harassment, coercion and/or other conduct, including disorderly, lewd or indecent behavior directed at another person which has the purpose or effect of creating a hostile, intimidating or disruptive learning or working environment at any campus-sponsored or campus-supervised function;

(5) Violating any of the computer and electronic information, including internet access systems use policies, rules, regulations, guidelines and laws applicable to the district, college or department of the college which include prohibitions against use for commercial benefit or gain and department restrictions prohibiting access into sexually explicit internet sites;

(6) Engaging in any behavior which threatens and/or endangers the health or safety of any person on campus premises, presents an imminent danger to him or herself, another or the college community, disrupts the normal operations of the college and/or infringes on the rights of other members of the college community;

(7) Aiding, abetting or procuring another person in behavior that is prohibited by any section of the Student Misconduct;

(8) Engaging in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where such behavior offends a reasonable, orderly, prudent person under these circumstances;

(9) Smoking and/or the use of chewing tobacco inside campus buildings and campus vehicles or in other unauthorized campus areas;

(10) Using, possessing, selling or being under the influence of any narcotic drug or controlled substance as defined in RCW 69.50.101, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist. For the purpose of the regulation, "sale" shall include the statutory meaning defined in RCW 69.50.410 and RCW 69.04.005;

(11) Using, possessing, consuming or being demonstrably under the influence of, or selling any alcoholic beverage, except as a participant of legal age in a student program, banquet or educational program which has the special written authorization of the college president or his/her designee;

(12) The intentional making of false statements and/or filing of false charges against the colleges and/or members of the district community;

(13) Forgery, alteration or misuse of district documents, records, funds or instruments of identification, including electronic hardware, software and information systems and applications with the intent to defraud;

(14) Theft of or attempted or actual damage to property of the college, a member of the college community, other personal or public property, or possession of property stolen from college premises and/or a member of the college community while on college premises;

(15) Unauthorized use of, access to, or entry of college facilities or property, tangible or intangible, or any violation of college rules regarding such use, access or entry;

(16) Engaging in any prohibited discriminatory or harassing behavior as defined by applicable law and/or district policies including stalking or hate activity as defined by law;

(17) Conducting or participating in an assembly, which violates the guidelines of assembly as defined in WAC 132Q-07-020 of this administrative code;

(18) Hazing in any form as described in RCW 28B.10.901. No student, or other person in attendance at any public or private institution of higher education, or any other postsecondary educational institution, may conspire to engage in hazing or participate in hazing of another. Any method of initiation into a student organization, pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause bodily or serious mental or emotional harm to any student or other person. Excluded from this definition are "customary athletic events or other similar contests or competitions."

(19) 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;

(20) Possessing, transporting, or storing any weapons, explosives, dangerous chemicals or other weapons, including knives. Illegal possession of weapons or unauthorized use or possession of any device or substance that can be used to inflict bodily harm or to damage real or personal property. This does not apply to commissioned police officers as prescribed by law;

(21) Violating any other provision of the Student Rights and Responsibilities Handbook.

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NEW SECTION
WAC 132Q-02-050   Academic dishonesty.   Academic dishonesty includes cheating, plagiarism, or knowingly furnishing false information to the college or district. Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:

(1) Any student who commits or aids and abets the accomplishment of an act of academic dishonesty shall be subject to disciplinary action;

(2) The class instructor is responsible for handling each case of dishonesty in the classroom except where a major or repeated offense is involved. In cases of academic dishonesty, the instructor may or may not dismiss the student from class and/or adjust the student's grade and/or determine appropriate action. If the instructor and the department chair concur that a case should be referred for further college action (which could include suspension or expulsion from the college), the matter is referred to the appropriate vice president, who may convene the college Disciplinary Committee. Any action relating to academic dishonesty, including action adjusting the student's grade, is subject to appeal by the student as in any other case of academic grievance.

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NEW SECTION
WAC 132Q-02-060   Classroom conduct/learning environment.   Instructors have the authority to take appropriate action to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

An instructor has the authority to exclude a student from any single class/program session during which the student is so disorderly or disruptive that it is difficult or impossible to maintain classroom decorum. The instructor shall report any such exclusion from class/program to the appropriate vice president or designee. The appropriate vice president or designee may initiate disciplinary action as provided in this procedure.

Bringing any person, thing or object to a teaching and learning environment, that may disrupt the environment or cause a safety or health hazard, without the express approval of the faculty member or other authorized official, is expressly prohibited.

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NEW SECTION
WAC 132Q-02-070   Authority to suspend.   Each faculty member or administrator has the right to suspend any student from any single class or program, up to three instructional days, if misconduct disrupts any college class, program or the learning and teaching environment by engaging in conduct that renders it difficult or impossible to maintain the decorum of the class, program or teaching and learning environment. Such suspension may include exclusion from the college, or any part thereof, during the period of suspension. The faculty member or administrator shall report this suspension to the appropriate vice president who may set conditions for the student upon return. The student may appeal to the appropriate vice president and that vice president may authorize an earlier return by the student only after consultation with the faculty member or appropriate administrator.

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NEW SECTION
WAC 132Q-02-080   Conduct at college functions.   College personnel have the right to remove or have removed from a college function and/or the college, for up to three instructional days, any student who, by an act of misconduct, substantially disrupts any college function by engaging in conduct that renders it difficult or impossible to continue such function in an orderly manner.

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NEW SECTION
WAC 132Q-02-090   Other punishable acts.   Any student who commits any other act on college facilities which is punishable as a misdemeanor or a felony under the laws of the state of Washington and/or the United States and which act is not a violation of any other provision of the Student Rights and Responsibilities Handbook, shall be subject to disciplinary action.

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NEW SECTION
WAC 132Q-02-100   Hazing.   Hazing is prohibited.

Other sections of the Student Rights and Responsibilities Handbook may be applicable to hazing violations. Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021

Penalties for Hazing: Any organization, association or student group that knowingly permits hazing shall:

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

b) Be denied recognition by Community Colleges of Spokane as an official organization, association or student group on any campus of CCS. 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.

A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for one calendar year.

Forfeiture of state-funded grants, scholarships or awards may continue for an additional calendar year up to and including permanent forfeiture, based upon the seriousness of the violations.

Impermissible conduct not amounting to hazing is subject to sanctions available under the Student Rights and Responsibilities Handbook depending upon the seriousness of the violation.

Impermissible conduct associated with initiation into a student organization or group or any pastime or amusement engaged in, with respect to the organization or group, will not be tolerated.

Impermissible conduct, which does not amount to hazing, may include conduct, that causes embarrassment, sleep deprivation, personal humiliation, ridicule or unprotected speech amounting to verbal abuse.

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NEW SECTION
WAC 132Q-02-110   Disciplinary actions.   Disciplinary action, up to and including expulsion from the college, may be imposed upon a student for failure to abide by the rules of student conduct. The form of disciplinary action imposed on the non-abiding student will determine whether, and under what conditions, the violator may continue as a student at the college.

Any of the following disciplinary actions may be imposed upon violators of the Student Rights and Responsibilities' rules and regulations established herein: The appropriate vice president at the remaining college/instructional unit reserves the right to enforce the disciplinary action on his/her campus.

(1) Disciplinary Warning: Notice to a student, either verbally or in writing that he/she has violated the rules of student conduct or failed to satisfy the college's expectations regarding conduct. Such warnings imply that continuation or repetition of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described in this section.

(2) Fines: The office of the appropriate vice president may assess monetary fines against individual students for violation of the rules of student conduct. Failure to pay such fines promptly will result in the cancellation of the student's registration and will prevent the student from reregistering. Appeal of this action may be made to the president of the college. The decision of the president is final.

(3) Disciplinary Reprimand: Formal actions against a student for violation of the rules of student conduct. Reprimands are always made in writing to the student by the officer or agency taking action, with copies to the appropriate vice president. A reprimand informs the student that continuation or repetition of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described in this section.

(4) Disciplinary Probation: Formal action placing conditions upon the student's continued attendance for violation of rules of student conduct. The office placing the student on disciplinary probation will specify, in writing, the period of probation and the conditions, such as limiting the student's participation in extracurricular activities. Disciplinary probation may be for a specified term or for an indefinite period, which may extend to graduation or other termination of the student's enrollment in the college. Violation of disciplinary probation shall be cause for further disciplinary action.

(5) Suspension: Formal but limited dismissal from the college. Termination of student status for violation of the rules of student conduct. The notification dismissing a student will indicate, in writing, the term of the dismissal and any special conditions that must be met before readmission.

(6) Expulsion: This shall result in permanent termination of a student's eligibility for enrollment. Notice of the expulsion and its cause shall be presented in writing.

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NEW SECTION
WAC 132Q-02-120   Delegation of disciplinary authority.   The appropriate vice-president or designee shall have the authority to administer the disciplinary action prescribed in this chapter. The president shall be informed of all student, probation, suspension or expulsion proceedings by the appropriate vice-president.

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NEW SECTION
WAC 132Q-02-130   Due process.   Students have the right to due process. Disciplinary action may not be imposed without notice to the accused of the nature of the charges. Once notified, a student accused of violating the code of conduct is entitled to procedural due process as set forth in these provisions.

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NEW SECTION
WAC 132Q-02-140   Initiation of disciplinary action.   A request for disciplinary action on a student for violation(s) of the rules of student conduct shall be referred in writing to the appropriate vice president within five instructional days of the violation. Any member of the administration, faculty, college personnel or any student may make such a request. All requests must be in writing and signed by the individual making the request. The appropriate vice president or designee may decline the request, implement the request or engage in informal negotiations to resolve the situation.

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NEW SECTION
WAC 132Q-02-150   Composition of college disciplinary committee.   Each college shall have a college disciplinary committee composed of six members plus the presiding officer for a total of seven people who shall be chosen no later than October fifteenth of each academic year. The membership shall be selected as follows:

(1) The recognized faculty-negotiating unit shall appoint two members and one alternate who are teaching on the appropriate campus or college; such members shall serve a two-year term.

(2) The college president shall appoint two members from the college administration who shall serve a term as determined by the president.

(3) The respective student governments on each college campus shall appoint student membership. Student membership must include a male and female student and two alternates who shall serve for no more than one year.

(4) The presiding officer of the college disciplinary committee shall be the appropriate vice president or designee. No person who personally participates in any disciplinary action that is reviewed by the disciplinary committee may serve as presiding officer, nor cast a vote on the merits of the case decided upon by the disciplinary committee pursuant to WAC 132Q-02-180.

(5) No member of the disciplinary committee shall participate in a case in which he/she is witness to or have acted in an advisory capacity.

(6) The chair and members of the committee shall continue in their offices beyond the expiration of their terms until such time as those cases initiated and convened during their term shall be concluded. In no instance shall a new case be presented to a chair whose term has expired.

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NEW SECTION
WAC 132Q-02-160   Evidence admissible in proceedings.   Only those matters presented at the proceeding in the presence of the accused student, except where the student fails to attend after receipt of proper notice, will be considered in determining whether the college disciplinary committee has sufficient cause to believe that the accused student is guilty of a violation of the rules of student conduct.

In determining whether sufficient cause, as stated above, does exist, members of the disciplinary committee shall give consideration to all evidence that serves as proof and is commonly accepted by reasonable, prudent persons in the conduct of their affairs.

The presiding officer of the college disciplinary committee shall consider the rules of privilege recognized by law and exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.

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NEW SECTION
WAC 132Q-02-170   Appeal of disciplinary actions.   Any disciplinary action taken by the appropriate vice president or designee may be appealed to the college disciplinary committee. Disciplinary action taken by the college disciplinary committee may be appealed to the president of the college. All appeals by a student must be made in writing to the disciplinary committee or president within seven instructional days after notification of action taken by the disciplinary committee or president.

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NEW SECTION
WAC 132Q-02-180   Reporting, recording and maintenance of disciplinary records.   The office of the appropriate vice president shall keep all records of disciplinary cases. Except in proceedings where the student is exonerated, all documentary or other physical evidence produced or considered, and all recorded testimony in disciplinary proceedings shall be preserved consistent with guidelines for student education records. No record of proceedings where the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other college repository after the date of the student's graduation.

The office of the appropriate vice president shall keep accurate records of all disciplinary actions taken by or reported to that office. All disciplinary action will be entered on the student's record and may be removed at the time of graduation or earlier, at the discretion of the office or individual initiating the action, if special terms and conditions have been met or if other circumstances warrant the removal. A student may petition to that office or individual for removal of such a notation at any time. Otherwise the record of disciplinary action shall be part of that student's record.

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NEW SECTION
WAC 132Q-02-190   Initial College disciplinary proceedings.   (1) Any student accused of violating any provisions of the Student Rights and Responsibilities will be called for an initial conference with the appropriate vice president or designee, and will be informed of what provision(s) of the rules of student conduct the student is charged with violating, and the maximum penalties which might result if the charge is substantiated after consideration in a disciplinary proceeding.

(2) After considering the evidence in the case and interviewing the student or students accused of violating the rules of student conduct, the appropriate vice president or designee, may take any of the following actions:

(a) Terminate the proceeding, exonerating the accused student(s);

(b) Dismiss the case after appropriate counseling and/or advice;

(c) Impose minor sanctions directly (warning, reprimand, disciplinary probation or fine) or such sanctions the student may agree to in writing. These sanctions are subject to the student's rights of appeal as described below;

(d) Refer the matter to the college disciplinary committee for appropriate action. The student shall be notified in writing, within three instructional days, when such a referral is made.

(e) Issue an order of dismissal pursuant to the conditions of WAC 132Q-02-110(4).

(f) Issue an order of expulsion pursuant to the conditions of WAC 132Q-02-110(6).

(3) A student accused of violating any of the rules of student conduct shall be given written notification of any disciplinary action taken by the appropriate vice president or designee. In the case of an unmarried student under eighteen years of age, written notification of the disciplinary action taken by the appropriate vice president or designee, shall also be sent to the student's parent(s) or legal guardian(s) under the provisions of the Family Education Rights and Privacy Act (FERPA).

No disciplinary action recommended by the appropriate vice president or designee, is final unless the student fails to exercise his right of appeal as provided in WAC 132Q-02-200.

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NEW SECTION
WAC 132Q-02-200   College disciplinary committee proceedings.   (1) The college disciplinary committee for each college will reexamine all disciplinary cases referred to it by the appropriate vice president or designee. The student shall be accorded a fair and impartial hearing before the disciplinary committee on any charge of misconduct referred to the committee for initial hearing or appeal. The student's failure to cooperate with the hearing procedures hereinafter outlined, however, shall not prevent the disciplinary committee from making its findings, conclusions and recommendations as provided hereafter. Failure by the student to cooperate may be taken into consideration by the committee.

(2) The student shall be given written notice of the time and place of the proceeding before the college disciplinary committee by registered or certified mail to the student's last known address or presented to the student in person by an appropriate campus official, or any other reasonable means of communication and be afforded not less than twenty days notice. The notice shall contain:

(a) The time and place of the proceeding.

(b) An outline of the charges, a list of witnesses who will appear, a description of any documentary, or other evidence that will be presented at the hearing.

(c) The notice may be amended at any time prior to the hearing but if such amendment is prejudicial to the student's case, the hearing date shall be rescheduled to a later date.

In no case shall efforts to avoid receipt of notice be allowed to interrupt the process of the proceeding.

(3) The student shall be entitled to hear and examine the evidence brought forth and be informed of the identity of its source and shall be entitled to present evidence and witnesses on their own behalf and to cross-examine witnesses appearing as to factual matters. The student shall have the opportunity to request the presence of witnesses or production of other evidence relevant to the issues of the proceedings.

(4) A college representative shall present the evidence and witnesses alleging that the student engaged in misconduct. Only those matters presented at the hearing will be considered in the decision of the committee, but the student's past record of conduct may be taken into account in formulating the committee's recommendations for disciplinary action

(5) The student may choose to be represented or accompanied by legal counsel and/or accompanied by an advisor, however, counsel cannot speak at the proceeding. Should the student elect representation by legal counsel, the campus official initiating the charges may also be represented by legal counsel. If the student elects to choose a duly licensed attorney admitted to practice in the United States as counsel, the student must provide three days' notice excluding weekends and holidays to the appropriate vice president.

(6) No one will be required to give self-incriminating evidence.

(7) In all disciplinary proceedings the college may be represented by a designee appointed by the appropriate vice president; said designee may then present the college's case against the student accused of violating the rules of student conduct, provided that in those cases in which the student elects to have a licensed attorney present, the appropriate vice president may elect to have an assistant attorney general attend as well.

(8) An adequate summary of all the evidence and facts presented to the disciplinary committee during the course of the proceedings will be taken. A student's disciplinary record is subject to FERPA and WAC 132Q-06-035.

(9) The presiding officer of the college disciplinary committee shall preside at the disciplinary proceeding and make rulings on all evidentiary procedural matters heard in the course of the disciplinary proceeding.

(10) The student will be provided with a copy of the findings, conclusions and sanctions if any imposed. The student will also be advised of the right to appeal the committee's decision in a written statement to the president within five instructional days.

(11) If there is no appeal to the president, the sanction shall be in effect at the end of the five instructional day appeal period or at such other time as may be indicated by the committee.

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NEW SECTION
WAC 132Q-02-210   Conduct at disciplinary proceedings.   Proceedings conducted by the college disciplinary committee generally will be held in closed session, except when a student requests that persons other than those directly involved be invited to attend. Such requests shall be made to the chair at least three instructional days in advance of the hearing. The chair may exclude any persons that disrupt the proceedings from the hearing room and may limit the number of persons who may attend in order to afford safety and orderliness to the participants in the proceedings.

Any student attending the disciplinary committee proceeding as an invited guest who continues to disrupt said proceedings after the presiding officer of the committee has asked him/her to cease and desist such activity, shall be subject to disciplinary action.

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NEW SECTION
WAC 132Q-02-220   Decision of the college disciplinary committee.   Upon conclusion of the disciplinary proceeding, the college disciplinary committee shall consider all the evidence presented and decide by majority vote of the members of the committee which of the following is to be taken:

(a) Terminate the proceedings and exonerate the student(s);

(b) Impose disciplinary actions as provided in WAC 132Q-02-110.

The campus shall in no case proceed with a sanction that, in fact or appearance, duplicates punishment for the same offense unless the interests of the campus are implicated in some separate way by the violation of law.

If a violation of civil law occurs on campus and is also a violation of a published campus regulation, the campus may institute its own proceedings against the offender if the campus interest involved is clearly distinct from that of the outside community.

If a student is charged with an off-campus violation of law, the matter shall be of no disciplinary concern to the campus unless the student is incarcerated and unable to comply with academic requirements.

The student will be provided with a copy of the committee's findings and conclusions regarding whether the student did violate any rule or rules of the code of student conduct. The committee shall also advise the student of the right to present, within five instructional days, a written statement to the president of the college appealing the decision of the college disciplinary committee.

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NEW SECTION
WAC 132Q-02-230   Appeal proceedings.   (1) All appeals must be submitted to the appropriate vice president, in writing, within ten instructional days.

(2) The college disciplinary committee shall hear appeals of initial disciplinary decisions.

(3) The college president or designee shall hear appeals of the college disciplinary committee's decisions.

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NEW SECTION
WAC 132Q-02-240   Readmission after suspension.   Any student suspended from the college for disciplinary reasons may apply for readmission by filing requests in writing with the office or individual, which initiated the action resulting in the suspension. Such petitions must indicate how specified conditions have been met and, if the term of the suspension has not expired, any reasons which support a reconsideration of the matter. Because the president of the college participates in all disciplinary actions suspending students from the college, decisions on such petitions of readmission must be reviewed and approved by the president before readmission is granted.

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NEW SECTION
WAC 132Q-02-250   Emergency authority of the college president.   Ordinarily, disciplinary actions will be imposed only after the appropriate informal or formal hearing procedures have been invoked. However, the college president or his/her authorized representative, by virtue of the authority delegated to him/her by the board of trustees under conditions which the president or authorized representative deems to be an emergency situation, may suspend the student from participation in any or all college privileges, pending the completion of the college disciplinary proceedings outlined herein, in order to protect the safety and property of members of the college community or to assure the college's ability to function. In any case in which this provision is invoked, the student(s) in question are entitled to an early hearing before the appropriate vice president, designee or duly appointed committee.

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NEW SECTION
WAC 132Q-02-260   Purpose of immediate summary suspension rules.   (1) The board of trustees of Community Colleges of Spokane recognizes the need to provide the college's administrators with an immediate system of student discipline that can swiftly and fairly respond to disorder on all district property. The board further desires to create and operate such a system within the framework of due process as presently embodied in the concept of a temporary restraining order.

(2) It is to be understood, however, that nothing within the rules adopted in this chapter shall be construed to replace the provisions of the rules of student conduct and procedures of enforcement included in chapter 132Q-02 WAC and the student disciplinary system created therein. Rather, the provisions of the rules of this chapter shall be deemed to be supplementary to the rules of student conduct by providing a method of suspension during the pending investigation and prosecution for student violations that will be subsequently heard on their merits pursuant to the system included in the rules of student conduct.

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NEW SECTION
WAC 132Q-02-270   Initiation of immediate summary suspension proceedings.   If the president or designee has cause to believe that any student has violated any rule of student conduct contained in chapter 132Q-02 WAC, and the president or designee has further cause to believe that the student's violation has a significant probability of continuing to disrupt the educational environment of the college, then the president or designee shall, pursuant to the following rules, have authority to suspend the student for a maximum of ten instructional days prior to any subsequent disciplinary proceeding initiated under the rules of student conduct contained in 132Q-02 WAC.

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NEW SECTION
WAC 132Q-02-280   Notice of immediate summary suspension proceedings.   (1) If the president desires to exercise the authority conferred by WAC 132Q-02-140 against any student, he or she shall direct the appropriate vice president to provide written notice to the student.

(2) The notice shall be entitled "notice of summary suspension proceeding" and shall include the charges against the student, including reference to the law and/or rules of student conduct involved and that the student charged must appear before the appropriate vice president or designee, at a time to be set by the vice president.

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NEW SECTION
WAC 132Q-02-290   Procedures of immediate summary suspension proceedings.   (1) At the immediate summary suspension proceeding, the college, through the office of the appropriate vice president or designee, shall make a determination as to whether there is probable cause to believe that the violation did occur, as stated in the notice of summary suspension proceedings to the student.

(2) The student may offer oral testimony of himself/herself or another person, submit any statement or affidavit on his/her own behalf, examine any affidavit and cross-examine any witness who may appear against him/her.

(3) The appropriate vice president shall, at the time of the immediate summary suspension proceeding, determine whether there is probable cause to believe that a violation of law or of the rules of student conduct has occurred, pursuant to WAC 132Q-02-220 (1) or (2). In the course of making such a decision, the vice president may only consider the sworn affidavit or oral testimony of persons who have made the allegation and the oral testimony and affidavits submitted by the student charged.

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NEW SECTION
WAC 132Q-02-300   Decision by vice president.   If the appropriate vice president, following the conclusion of the immediate summary suspension proceeding, finds that there is probable cause to believe that:

(1) The accused student has committed one or more violations of law or rules of student conduct upon any person or college facility, and

(2) That immediate summary suspension of the accused student is necessary to attain peace and order on the campus; and

(3) Such violation(s) of the rules of student conduct constitutes grounds for disciplinary probation or dismissal pursuant to WAC 132Q-02-110.

The appropriate vice president may then, with the written approval of the president, suspend the student from college pending any subsequent disciplinary proceeding initiated under WAC 132Q-02 or reinstate the student with or without conditions.

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NEW SECTION
WAC 132Q-02-310   Notice of immediate summary suspension.   (1) If a student is suspended pursuant to the above rules, he/she will be provided with a written copy of the appropriate vice president's findings as to whether the vice president had probable cause to believe that the conditions for immediate summary suspension outlined in WAC 132Q-02-200 exist and to whether immediate suspension of the accused student should be issued.

(2) The student suspended in accordance to this rule shall be served a written copy of the notice of suspension by personal service or by registered mail. Notice by mail shall be sent to the student's last known address. The suspension shall be effective for the period dating from the day the notice of suspension is mailed or personal service accomplished.

(3) During the period of immediate summary suspension, the suspended student shall not enter the campus other than to meet with the appropriate vice president or to attend the summary suspension proceeding. However, the appropriate vice president may grant the student special permission to enter for the express purpose of meeting with faculty, college personnel, or students in preparation for the proceeding.

(4) The appropriate vice president at the remaining college reserves the right to enforce the immediate suspension on their campus.

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NEW SECTION
WAC 132Q-02-320   Failure to appear.   If the accused student has been served in accordance with the notice required in WAC 132Q-02-170, fails to appear at the time designated for the immediate summary suspension proceeding, the appropriate vice president may, with the written concurrence of the president, continue with the proceedings under WAC 132Q-02-180.

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NEW SECTION
WAC 132Q-02-330   Appeal of immediate summary suspension.   (1) Any student aggrieved by an order issued at the immediate summary suspension proceeding may appeal the suspension to the board of trustees. No such appeal shall be entertained, however, unless written notice of the appeal, specifically describing alleged errors in the findings of the appropriate vice president and the president, is tendered at the office of the president within seventy-two hours following the date the written notice of immediate summary suspension was served or mailed to the student.

(2) The board shall, as soon as reasonably possible, examine the allegations contained within the notice of appeal, along with the findings of the vice president and president, the record of the immediate summary suspension proceeding, and determine whether the immediate summary suspension order is justified. Following such examination, the board of trustees may, at its discretion, uphold the decision or overturn the immediate summary suspension pending determination of the merits of the disciplinary proceeding pursuant to the rules of student conduct.

(3) The board shall notify, by registered or certified mail, the appealing student within forty-eight hours following its consideration of the notice of appeal, as to whether the immediate summary suspension shall be upheld or stayed pending disposition of the disciplinary proceeding pursuant to the rules of student conduct.

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NEW SECTION
WAC 132Q-02-340   Immediate summary suspension proceedings not duplicative.   (1) As indicated in WAC 132Q-02-110, the immediate summary suspension proceeding shall in no way be substituted for the disciplinary proceedings provided for in the rules of student conduct, chapter 132Q-02 WAC. At the end of the suspension, the student suspended shall be reinstated to full rights and privileges as a student, subject to whatever sanctions may have been or may be in the future imposed pursuant to the rules of student conduct or these rules of immediate summary suspension.

(2) Any disciplinary proceeding initiated against the student because of violations alleged against another student in the course of the immediate summary suspension proceeding provided for herein, shall be reexamined; provided, that the records made and evidence presented during the course of any aspect of an immediate summary suspension proceeding brought against the student shall be available for the use of the accused student and of the college in a disciplinary proceeding initiated under the rules of student conduct.

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NEW SECTION
WAC 132Q-02-350   Confidentiality of student records.   Community Colleges of Spokane continually receives requests from outside sources for information about students, both past and present. College personnel are reminded that Public Law 93-380, the Family Educational Rights and Privacy Act (FERPA) of 1974 states that colleges adopt a policy on student education records to insure that information contained in such records is treated in a responsible manner with due regard to the personal nature of the information contained in these records. In order to prevent embarrassment or possible legal involvement of District 17 and its employees, because of improper disclosure of information, it is imperative that FERPA be implemented in the release of such information.

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NEW SECTION
WAC 132Q-02-360   Education records -- Student's right to inspect.   (1) A student has the right to inspect and review his/her education records.

(a) For purposes of this section the term "education records" means those records, files, documents, and other materials which contain information directly related to a student, including records regarding the employment of a student when such employment is a result of, and directly related to, student status.

(b) The term "education records" does not include:

(i) Records of instructional, supervisory and administrative personnel and educational personnel which are in the sole possession of the originator and which are not accessible or revealed to any other person except a substitute or designee.

(ii) Records of the campus security department, which are kept apart from those records described in subsection (a) and which are maintained solely for law enforcement purposes are not made available to persons other than law enforcement officials of the same jurisdiction.

(iii) In the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business, which relate exclusively to such person's employment, are not available for use for any other purpose.

(iv) Student records containing medical/psychological information are not available to anyone other than the individual(s) providing treatment; however, such records may be personally reviewed by a physician or other appropriate professional upon the student's written consent.

(2)(a) Recommendations, evaluations or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in (b), (c) and (d) of this subsection.

(b) The student may specifically release his or her right to review where the information consists only of confidential recommendations respecting:

(i) Admission to any educational institution; or

(ii) An application for employment: or

(iii) Receipt of an honor or honorary recognition.

(c) A student's waiver of his or her right to access confidential statements shall apply only if:

(i) The student is, upon request, notified of the names of person(s) making confidential statements concerning him or her; and

(ii) Such confidential statements are used solely for the purpose for which they were originally intended; and

(iii) Such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the college/instructional unit.

(d) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release under (a) of this subsection. Such records shall remain confidential and shall be released only with the consent of the author. The institution shall use these records only for the purpose for which they were originally intended.

(3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to himself/herself.

(4) The office of the appropriate vice president is the official custodian of academic records; and, therefore, is the only office who may issue an official transcript of the student's academic record.

(5) Student educational records may be destroyed in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for review in accordance with this section and WAC 132Q-02-270 be removed or destroyed prior to providing the student access.

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NEW SECTION
WAC 132Q-02-370   Records requests and appeals.   (1) A request by a student for review of information shall be made in writing to the college individual(s) or office(s) having custody of the particular record. Any challenge to the contents of educational records shall be addressed by means of a brief adjudicative proceeding.

(2) An individual(s) or office(s) must respond to a request for education records within a reasonable period of time, but in no case more than forty-five days after the request has been made. A college individual(s) or office(s) which is unable to comply with a student's request within the above-stated time period shall inform the student of that fact and the reason(s) in writing.

(3)(a) A student who feels that his/her request has not been properly answered by a particular individual(s) or office(s) should contact the appropriate vice president, associate dean, director, assistant dean, or individual(s) or office(s) responsible for mediation.

(b) In cases where a student remains dissatisfied after consulting with the appropriate vice president, director, assistant dean or associate dean, the student may then request a proceeding by the college records committee. Following the proceeding, the college's records committee shall render its decision within a reasonable period of time. In all cases, the decision of the college's records committee shall be final.

(c) In no case shall any request for review by a student be considered by the college's records committee, which has not been filed with that body in writing within ninety days from the date of the initial request to the custodian of the record.

(d) The college's records committee shall not review any matter regarding the appropriateness of official academic grades.

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NEW SECTION
WAC 132Q-02-380   Release of personally-identifiable records.   (1) The college shall not permit access to or the release of education records or personally-identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the following:

(a) College personnel and students when officially appointed to a faculty council or administrative committee, when the information is required for a legitimate educational interest within the performance of their responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those responsibilities.

(b) Federal and state officials requiring access to education records in connection with the audit and evaluation of a federally-supported or state-supported educational program or in connection with the enforcement of the federal or state legal requirements which relate to such programs. In such cases the information required shall be protected by the federal or state official in a manner which will not permit the personal identification of students and their parent(s) to other than those officials and such personally-identifiable data shall be destroyed when no longer needed for such audit, evaluation or enforcement of legal requirements.

(c) Agencies or individual's requesting information in connection with a student's application for or receipt of financial aid.

(d) Organizations conducting studies for or on behalf of the college for purposes of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than the representatives of such organizations, and such information will be destroyed when no longer needed for the purposes for which it was provided.

(e) Accrediting organizations in order to carry out their accrediting functions.

(f) Any person or entity designated by judicial order or lawfully-issued subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of the compliance unless the court or other issuing agency orders the college not to notify the student before compliance with the subpoena. The college president, the president's designee, or office(s) receiving a subpoena or judicial order for education records should immediately notify the attorney general.

(g) Parents transfer their rights under FERPA to their child when he/she reaches 18 years of age or attends an institution of postsecondary education. Parents of college students, who request to review their "adult child's" record, must provide documented "dependency status" under Internal Revenue Service (IRS) regulations or have written consent from the student. The final decision whether or not to disclose information about students to their parents is a matter of the institution's policy.

(2) Where the consent of a student is obtained for the release of education records, it shall be in writing, signed and dated by the person giving such consent, and shall include:

(a) A specification of the records to be released;

(b) The reasons for such release; and

(c) The names of the parties to whom such records will be released.

(3) In cases where records are made available without student release as permitted by subsection (1)(b), (c), (d), (e) and (f), the college shall maintain a record kept with the education record released which will indicate the parties which have requested or obtained access to a student's records maintained by the college and which will indicate the legitimate interest of the investigating party. Releases in accordance with subsection (1)(a) need not be recorded.

(4) Personally-identifiable education records released to third parties, with or without student consent, shall be accompanied by a written statement indicating that the information cannot be subsequently released in a personally-identifiable form to any other parties without obtaining consent of the student.

(5) The term "directory information" used in subsection (1) is defined as information contained in an educational record of a student that would not be generally considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate; full-time or part-time), participation in officially-recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended by the student.

(3) Students may request in writing that the college not release directory information through written notice to the appropriate vice president.

(4) Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other person(s).

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NEW SECTION
WAC 132Q-02-390   College records.   All college individual(s) or office(s) that have custody of education records will develop procedures in accord with WAC 132Q-02-250 through 132Q-02-300. Any supplementary regulations found necessary by departments will be filed with the college's records committee, which will be responsible for periodic review of policy and procedures.

(1) Disciplinary records shall be kept separate from academic records, and transcripts of a student's academic record shall contain no notation of any disciplinary action. Special precautions shall be exercised to insure that information from disciplinary or counseling files is not revealed to unauthorized persons. Provisions shall be made for periodic review and routine destruction of inactive disciplinary records by offices maintaining such records.

(2) No records shall be kept that reflect a student's political or ideological beliefs or associations.

(3) Entities within Community Colleges of Spokane share education records.

(4) Students requesting an official copy of their educational transcripts must provide a written request including name, address, student identification number and where the transcript is to be sent.

(5) A processing fee will be assessed for any official transcript sent to institutions outside the jurisdiction of Community Colleges of Spokane.

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NEW SECTION
WAC 132Q-02-400   Records committee.   Each college shall have a college records committee composed of the appropriate vice president or designee, one student, one faculty and one staff member who shall be appointed by the college president no later than October fifteenth of each academic year. The college's records committee shall be responsible for reviewing unusual requests for information and for assisting in the interpretation of these rules. The committee shall also be responsible for hearing appeals as defined in WAC 132Q-02-380.

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NEW SECTION
WAC 132Q-02-410   Eligibility for clinical programs.   Any student who fails to comply with the requirements to be eligible for required clinical programs shall be subject to disciplinary action. Requirements may include, but are not limited to, the student having a record of current immunizations and a physical examination, TB test, CPR proficiency, state patrol clearance, proof of liability and medical and accident insurance coverage.

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NEW SECTION
WAC 132Q-02-420   Grounds for athletic ineligibility.   Any student found by Community Colleges of Spokane to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use or sale of legend drugs, including anabolic steroids, will be disqualified from participation in any college sponsored athletic event or activity.

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NEW SECTION
WAC 132Q-02-430   Right to brief adjudicative procedure -- Athletics.   Any student notified of a claimed violation of WAC 132Q-02-040 shall have the right to a brief adjudicative hearing. The appropriate vice President must receive a written request for such a hearing within three instructional days of receipt of a declaration of further athletic ineligibility. If a written request is not received within three instructional days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudication hearing and will be declared ineligible from further participation in college sponsored athletic events or activities.

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NEW SECTION
WAC 132Q-02-440   Brief adjudicative procedure -- Athletics.   If a timely written request for a hearing is made, the appropriate vice president shall designate a presiding officer who shall be a college administrator who is not involved with the athletic program to conduct the brief adjudicative proceeding. The presiding officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482-.494.

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NEW SECTION
WAC 132Q-02-450   Brief adjudicative decision -- Athletics.   The college administrator who acts as presiding officer shall issue a written decision, which shall include a brief statement of the reasons for the decision and a notice that judicial review may be available. All documents presented, considered or prepared by the presiding officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the proceeding and in no event later than twenty instructional days following the request for a brief adjudicative proceeding is received by the appropriate vice president.

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