PERMANENT RULES
OF SPOKANE
Date of Adoption: August 19, 2003
Purpose: To clarify rules on student conduct, general campus conduct, health and safety, and traffic regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 132Q-03-005 Grounds for ineligibility, 132Q-03-010 Right to brief adjudicative procedure, 132Q-03-020 Brief adjudicative procedure, 132Q-03-030 Decision, 132Q-04-010 Purpose for adoption of student rules, 132Q-04-020 Definitions, 132Q-04-030 Jurisdiction, 132Q-04-031 Prohibited conduct, 132Q-04-076 Hazing prohibited, 132Q-04-077 Penalties for hazing, 132Q-04-078 Sanctions for impermissible conduct not amounting to hazing, 132Q-04-097 Eligibility for clinical programs, 132Q-04-160 Purpose of disciplinary actions, 132Q-04-170 Initiation of prosecution, 132Q-04-180 Initial disciplinary proceedings, 132Q-04-190 Appeals, 132Q-04-200 Composition of college disciplinary committee, 132Q-04-210 Brief adjudicative proceeding, 132Q-04-220 Conduct of disciplinary proceedings, 132Q-04-230 Evidence admissible in proceedings, 132Q-04-240 Decision by the committee, 132Q-04-250 Final decision regarding appeal of disciplinary committee action, 132Q-04-260 Disciplinary action, 132Q-04-270 Readmission after dismissal, 132Q-04-280 Reporting, recording and maintenance of records, 132Q-05-010 Purpose of summary suspension rules, 132Q-05-020 Definitions, 132Q-05-030 Jurisdiction, 132Q-05-033 Authority to suspend, 132Q-05-036 Conduct at college functions, 132Q-05-040 Initiation of summary suspension proceedings, 132Q-05-050 Notice of summary proceedings, 132Q-05-060 Procedures of summary suspension proceeding, 132Q-05-070 Decision by vice-president, 132Q-05-080 Notice of suspension, 132Q-05-090 Suspension for failure to appear, 132Q-05-100 Appeal, 132Q-05-110 Summary suspension proceedings not duplicitous, 132Q-05-120 Reporting, recording and maintenance of records, 132Q-06-010 Confidentiality of student records, 132Q-06-015 Definition of a student, 132Q-06-016 Definition of personally identifiable information, 132Q-06-020 Education records -- Student's right to inspect, 132Q-06-025 Requests and appeal procedures, 132Q-06-030 Release of personally-identifiable records, 132Q-06-035 College records and 132Q-06-040 Records committee, to consolidate student rules into one chapter; repealing WAC 132Q-04-100 Right of assembly, 132Q-04-105 Other punishable acts, 132Q-04-110 Commercial activities, 132Q-04-120 Outside speakers, 132Q-04-130 Trespass, 132Q-04-140 Distribution of materials and 132Q-04-150 Right to demand identification, to consolidate general campus conduct rules into one chapter; and repealing WAC 132Q-20-020 Definitions, housekeeping change; new sections WAC 132Q-07-010 Authority to demand identification, 132Q-07-020 Right of assembly, 132Q-07-030 Outside speakers, 132Q-07-040 Distribution of materials, 132Q-07-050 Commercial activities and 132Q-07-060 Trespass, to consolidate general campus conduct rules into one chapter; new section WAC 132Q-20-005 Definitions, housekeeping change; new section WAC 132Q-94-160 Prohibition of open flames in college buildings, new rule to prevent candles and/or any other open flames in campus buildings; 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; and amending WAC 132Q-20-010 Purpose and jurisdiction for adopting rules, 132Q-20-040 Permits required for vehicles on campus, 132Q-20-050 Authorization for issuance of permits, 132Q-20-060 Valid permits, 132Q-20-070 Display of permits, 132Q-20-080 Transfer of permits, 132Q-20-090 Permit revocation, 132Q-20-110 Right to appeal permit revocation/refusal, 132Q-20-120 Responsibility of permit holder, 132Q-20-130 Designation of parking spaces, 132Q-20-140 Parking within designated spaces, 132Q-20-150 Parking hours, 132Q-20-170 Regulatory signs and directions, 132Q-20-180 Speed limit, 132Q-20-190 Pedestrians' right of way, 132Q-20-200 Special traffic and parking regulations and restrictions authorized, 132Q-20-210 Two-wheeled motor-bikes or bicycles, 132Q-20-220 Report of accidents, 132Q-20-230 Exceptions from traffic and parking restrictions, 132Q-20-240 Enforcement, 132Q-20-250 Issuance of traffic citations, 132Q-20-260 Fines and penalties for students, 132Q-20-265 Fines and penalties for all district employees, 132Q-20-270 Liability of CCS, 132Q-94-010 Declaration of purpose, 132Q-94-020 Rationale, 132Q-94-030 Students' responsibilities, 132Q-94-130 violations, 132Q-94-150 Prohibition of weapons and other dangerous instrumentalities, 132Q-108-010 Adoption of model rules of practice and procedure, 132Q-108-020 Appointment of presiding officers, 132Q-108-040 Application for adjudicative proceeding and 132Q-108-050 Brief adjudicative procedures, housekeeping changes.
Statutory Authority for Adoption: RCW 28B.50.140.
Adopted under notice filed as WSR 03-09-094 on April 18, 2003 [WSR 03-13-081 and 03-13-082 on June 16, 2003].
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 53, Amended 36, Repealed 55.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 53, Amended 33, Repealed 55.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 53,
Amended 33,
Repealed 55.
Effective Date of Rule:
Thirty-one days after filing.
August 21, 2003
Dr. Gary Livingston
Chancellor/CEO
(2) Refusal by a student to produce a student identification card, as required by subsection (1) of this section, shall be cause for disciplinary action.
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(a) Be conducted in an orderly manner; and
(b) Not unreasonably interfere with vehicular or pedestrian traffic; or
(c) Not unreasonably interfere with classes, schedules, meetings or ceremonies, or with educational functions of the college; and
(d) Not unreasonably interfere with college functions.
(2) A student who conducts or participates in an assembly that violates any provision of this section shall be subject to disciplinary action.
(3) Non-students who participate in, aid or abet any assembly or assemblies in violation of this section shall be subject to possible prosecution under the state criminal trespass law and/or any other possible civil or criminal remedies available to the college. Faculty and other college personnel who participate in, aid or abet any assembly or assemblies in violation of this section shall be subject to appropriate discipline.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132Q-07-030
Outside speakers.
(1) Any recognized
campus student organization may invite speakers on campus with
the written approval of its advisor, subject to other
restrictions imposed in this WAC and to the legal restraints
imposed by the laws of the United States and the state of
Washington.
(2) The appearance of an invited speaker on a campus does not represent an endorsement, either implicit or explicit, of views or opinions of the speaker by the college, its students, its faculty, its college personnel, its administration or its board.
(3) The scheduling of speakers shall be made through the facilities scheduling office of the campus at which the speaker will appear, with prior approval from the appropriate college student activities office.
(4) The appropriate student activities office will be notified at least thirty days prior to the appearance of an invited speaker, at which time a Personal Services Contract (available in the Student Activities office) must be completed with all particulars regarding speaker, time, place, etc., signed by the sponsoring organization's advisor, and filed with the Student Activities office. Exceptions to the thirty-day ruling may be made by the appropriate administrator.
(5) The appropriate student activities office may require a question period or arrange to have views other than those of the invited speakers represented at the meeting, or at a subsequent meeting.
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(2) Newspapers, leaflets, and similarly related materials offered for sale by any student or non-student person or organization may be distributed and sold only through the college book store as are other commercial forms of merchandise, subject to reasonable rules and regulations that may be imposed by the bookstore manager. Exceptions may be made by the appropriate vice president or designee.
(3) All handbills, leaflets, newspapers, and similarly related material (including religious matter) must bear identification as to the publishing agency and distributing organization or individual.
(4) Any distribution of the materials regulated in this section shall not be construed as endorsement of the same by the college or by the board of trustees of Community Colleges of Spokane.
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(2) For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 132Q-07-040.
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(a) Give notice against trespass by any manner provided for by law, to any person(s), or group against whom the privilege has been withdrawn or who have been prohibited from entering on or remaining upon any or all portions of a college facility; or
(b) Prohibit the entry of, or withdraw the privilege of a person(s) or any group to enter or remain on any portion of a college facility; or
(c) Order any person(s), or group to leave or vacate all or any portion of a college facility or grounds.
Any student or non-student who shall disobey a lawful order given by the president, or designee, pursuant to the requirements of subsection (1) of this section, shall be subject to disciplinary action and/or referred to law enforcement for possible criminal charges.
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(1) Annual permits - Permits, which are valid for fall through summer quarters.
(2) Appropriate vice president - The chief administrative officer over student services regardless of current position title.
(3) Board - The board of trustees of Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).
(4) Campus - Any or all real property owned, leased, operated or maintained by Community Colleges of Spokane.
(5) Campus patrol - An employee of the college, Administration of Justice student or contracted security personnel, who are responsible to the appropriate vice president for campus security.
(6) College - Any community college or separate instructional unit which may be created by the board of trustees of Community Colleges of Spokane.
(7) College personnel - Any person employed or representing on a full- or part-time basis Community Colleges of Spokane.
(8) Community Colleges of Spokane - Spokane Community College, Spokane Falls Community College, Institute for Extended Learning and the District Office.
(9) Quarterly permits - Permits valid for a specified academic quarter.
(10) Special Permits - Permits issued under special circumstances such as "D" permit which is a quarterly disabled parking permit issued by Disability Support Services; Carpool permits, issued to college personnel who participate in commuter trip reduction; and Honorary permit which are issued to Community Colleges of Spokane personnel upon retirement.
(11) Student - Any person who is or has officially registered at any college or instructional unit with the Community Colleges of Spokane and with respect to whom the college maintains education records or personally identifiable information.
(12) Temporary guest permits - Permits, which are valid for a specific period designated on the permit.
(13) Vehicle - An automobile, truck, motorcycle, scooter, or any vehicle empowered by a motor.
(14) Visitors - Any person or persons, excluding students as previously defined, who come upon the campus as guests and person or persons who lawfully visit the campus for purposes, which are in keeping with the colleges' role as institutions of higher learning in the state of Washington.
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(1) To protect and control pedestrian and vehicular traffic; and
(2) To assure access at all times for emergency traffic; and
(3) To minimize traffic disturbance during class hours; and
(4) To facilitate the work of the community colleges.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-010, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-010, filed 7/23/87; Order 71-4, § 132Q-20-010, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-040, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-040, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-040, filed 7/23/87; Order 73-4, § 132Q-20-040, filed 2/23/73; Order 71-4, § 132Q-20-040, filed 7/26/71.]
(1) Upon payment of the appropriate fee a student who intends to use college parking facilities may be issued a parking permit upon the registration of his or her vehicle with the college at the beginning of each college quarter (fall quarter, winter quarter, spring quarter, and summer quarter).
(2) Upon payment of the appropriate fee faculty, college personnel, and students will be issued parking permits for their vehicle if they intend to use college parking facilities.
(3) The dean of student personnel services, or the dean's designee, may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.))
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-20-050, filed 7/23/87; Order 71-4, § 132Q-20-050, filed 7/26/71.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-20-060
Valid permit.
A valid CCS parking
permit is:
(1) An unexpired parking permit registered and properly displayed; or
(((2) A short-term parking permit authorized by the
appropriate vice-president or designee, and properly
displayed; or
(3))) (2) A special parking permit authorized by the appropriate vice-president or designee, and properly displayed; or
(((4))) (3) A temporary guest(('s)) permit authorized by
the appropriate vice-president or designee, and properly
displayed.((; or
(5) A shop permit authorized by a vocational-technical instructor and properly displayed.))
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-060, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-060, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-060, filed 7/23/87; Order 74-1, § 132Q-20-060, filed 9/23/74; Order 71-4, § 132Q-20-060, filed 7/26/71.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 87-16-010 (Resolution No.
27), filed 7/23/87)
WAC 132Q-20-070
Display of permit.
All CCS permanent
and temporary parking permits shall be hung on the rear view
mirror or in such a manner that they may be viewed through the
front windshield. For motorcycles, permits must be placed on
the front fork area of the vehicle. ((permanently affixed to
the inside of the rear window on the lower left corner
directly behind the driver. For convertibles and pickups with
campers, permits must be placed in the lower right-hand corner
of the front windshield, and for motorcycles, placed either on
front shock absorbers or battery covers (flat surface) or
toolbox covers (right-hand side). Temporary permits shall be
hung on the rear-view mirror in such a manner that they may be
viewed through the front windshield.))
(1) Expired permits should be removed before ((the)) new
permits are attached.
(2) Permits not displayed pursuant to the provisions of this section shall not be valid.
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-20-070, filed 7/23/87; Order 74-1, § 132Q-20-070, filed 9/23/74; Order 71-4, § 132Q-20-070, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-080, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-080, filed 7/23/87; Order 71-4, § 132Q-20-080, filed 7/26/71.]
(1) When the purpose for which the permit was issued changes or no longer exists; or
(2) When a permit is used for an unregistered vehicle or by an unauthorized individual; or
(3) Falsification on a parking permit application; or
(4) Continued violations of parking regulations; or
(5) Counterfeiting or altering a parking permit.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-090, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-090, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-090, filed 7/23/87; Order 71-4, § 132Q-20-090, filed 7/26/71.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-20-110
Right to appeal permit
revocation/refusal. ((or refusal to grant permit)).
When a
student parking permit has been recalled pursuant to WAC 132Q-20-090, or has been refused in accordance with WAC 132Q-20-100, or when a fine or penalty has been levied against
a violator of the rules and regulations set forth in this
chapter, such action by the appropriate vice-president or
designee, may be appealed pursuant to WAC 132Q-108-050;
((provided, however, that faculty)) Faculty, administrators,
and college personnel of Community Colleges of Spokane shall
appeal permit revocations, refusals to grant permits, and
fines or penalties levied for violations by the appropriate
vice-president to the respective college president((s)) whose
decision on the matter shall be final. ((Refusal to pay a
fine still existing after exhaustion of the appellate process
shall be grounds for disciplinary action. In the case of
students, failure to pay fines after the exhaustion of the
appellate process shall be grounds for the college, in
addition to disciplinary action, to deny admission for
subsequent enrollment with Community Colleges of Spokane. In
the case of employees, failure to pay fines could result in
the denial of issuing a permit, and/or impounding of
vehicles.))
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-110, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-110, filed 6/24/92, effective 7/25/92; 90-21-021, § 132Q-20-110, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-20-110, filed 7/23/87; Order 73-4, § 132Q-20-110, filed 2/23/73; Order 71-4, § 132Q-20-110, filed 7/26/71.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 71-4, filed 7/26/71)
WAC 132Q-20-120
Responsibility of permit holder.
((person to whom permit issued.))
The person to whom a
parking permit is issued pursuant to the rules and regulations
set forth in this chapter shall be responsible for all
violations of said rules and regulations involving the vehicle
and established fines.((; but such)) Such responsibility shall
not relieve other persons who violate the rules and
regulations established by this chapter of their
responsibility for their conduct ((by their conduct)) with
vehicles registered ((with)) to another permit holder.
[Order 71-4, § 132Q-20-120, filed 7/26/71.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-20-130
Designation of parking spaces.
The
parking spaces available on campus shall be designated and
allocated by the appropriate vice-president or designee, in
such a manner ((which will)) that best achieves ((effectuate))
the objectives of the rules and regulations in this chapter.
(1) Faculty staff, student, and visitor spaces will be
((so)) designated for their use; and
(2) Parking spaces for the exclusive use by persons
((with)) of disability will be designated. The ((office of
student services)) appropriate vice-president or designee may
issue special permits to students and others to park in these
designated spaces; ((and))
(3) CCS parking permit along with an official state Disabled Parking Permit allows the permit holder to park in any designated parking space as listed above; and
(((3))) (4) Other special use spaces may be designated.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-130, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-130, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-130, filed 7/23/87; Order 71-4, § 132Q-20-130, filed 7/26/71.]
(2) In areas marked for diagonal parking, vehicles shall be parked at a forty-five-degree angle, facing in.
(3) In areas marked for parallel or right-angle parking, space or stall markings will be observed.
(4) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this section.
(5) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to WAC 132Q-20-130.
[Order 71-4, § 132Q-20-140, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-150, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-150, filed 7/23/87; Order 71-4, § 132Q-20-150, filed 7/26/71.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-20-170
Regulatory signs and directions.
The
appropriate vice-president or designee((,)) is authorized to
erect signs, barricades and other structures and to paint
marks or other directions upon the entry-ways and streets on
campus and upon the various parking lots owned, leased or
operated by the colleges. Such signs, barricades, structures,
markings, and directions, shall be ((so)) made and placed to
((as in the opinion of the appropriate vice-president or
designee, which will)) best achieve ((effectuate)) the
objectives stated in WAC 132Q-20-010 and ((will best
effectuate)) the rules and regulations contained in this
chapter.
Drivers of vehicles shall observe and obey the signs, barricades, structures, markings and directions erected pursuant to this section. Drivers shall also comply with the directions given them by the campus patrol in the control and regulation of traffic.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-170, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-170, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-170, filed 7/23/87; Order 71-4, § 132Q-20-170, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-180, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-180, filed 7/23/87; Order 71-4, § 132Q-20-180, filed 7/26/71.]
(2) Whenever any vehicle slows or stops ((so as)) to
yield to pedestrian traffic, the operator of any other vehicle
approaching from the rear shall not overtake and pass such a
vehicle that ((which)) has slowed or stopped to yield to
pedestrian traffic.
(3) Every pedestrian crossing at any point other than
((within)) a marked crosswalk or within an unmarked crosswalk
at an intersection, shall yield the right of way to all
vehicles.
(4) Pedestrians shall use sidewalks where provided.
((Where a sidewalk is provided, pedestrians shall proceed upon
such a sidewalk.))
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-20-190, filed 7/23/87; Order 71-4, § 132Q-20-190, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-200, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-200, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-200, filed 7/23/87; Order 71-4, § 132Q-20-200, filed 7/26/71.]
(2) No vehicle shall be driven or ridden on the sidewalks on campus at any time unless authorized by the appropriate vice-president or designee.
No skateboards or roller blades/skates shall be allowed on campus.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-210, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-210, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-210, filed 7/23/87; Order 71-4, § 132Q-20-210, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-220, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-220, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-220, filed 7/23/87; Order 71-4, § 132Q-20-220, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-20-230, filed 7/23/87; Order 71-4, § 132Q-20-230, filed 7/26/71.]
(2) The appropriate vice-president or designee((,)) shall
be responsible for the enforcement of the rules and
regulations contained in this chapter. ((The appropriate
vice-president is hereby authorized to delegate this
responsibility to the campus patrol or other subordinates.))
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-240, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-240, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-240, filed 7/23/87; Order 72-5, § 132Q-20-240, filed 10/9/72; Order 71-4, § 132Q-20-240, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-250, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-250, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-250, filed 7/23/87; Order 71-4, § 132Q-20-250, filed 7/26/71.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-20-260
Fines and penalties for students.
((The
appropriate vice-president or designee, is authorized to
impose the following fines and penalties for the violation of
the rules and regulations contained in this chapter:))
(1) ((Except as provided under subsection (2) of this
section, f)) Fines will be levied by the appropriate vice
president or designee for all violations of the regulations
contained in this chapter. A current schedule of fines is
available from the security ((parking)) office.
(2) Students have the right to due process and may appeal a decision of the appropriate vice president or designee to the college president or chief administrator of a recognized instructional unit whose decision shall be final.
(((2) Community Colleges of Spokane and its recognized
instructional units are)) authorized to:
(a) Deny registration for subsequent quarters and
(b) Deny graduation ((from the college to any student that fails to promptly pay any financial obligation due the college including the payment for parking citations.))
(3) Vehicles ((which are)) parked on any campus ((within
Community Colleges of Spokane and which are)) in violation of
any of the regulations contained in this chapter, may be
impounded or detained by use of mechanical devices at the
discretion of the appropriate vice-president or designee. If
a vehicle is impounded, it may be taken to such place for
storage as the appropriate vice-president or designee((,))
selects. The expenses of such impounding((s)) and storage
shall be the sole responsibility of ((charged to)) the owner
or operator of the vehicle. ((and paid by him or her prior to
its release. The college and its employees)) CCS shall not be
liable for loss or damage of any kind resulting from such
impounding and storage.
(4) At the discretion of the appropriate vice-president
or designee, an accumulation of traffic violations by a
student will be cause for disciplinary action, ((and the
appropriate vice-president shall initiate disciplinary
proceedings against such student)) pursuant to WAC 132Q-02-270
((04-180)).
(5) The duly elected associated student government
officers of CCS ((Spokane Falls Community College and Spokane
Community College may, in a joint meeting with the District 17
executive committee,)) recommend a proposed schedule of fines
prior to adoption of a new fine schedule.
(6) Refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action. In the case of students, failure to pay fines shall be grounds for the college, in addition to disciplinary action, to deny admission to CCS, registration, official transcripts, graduation or other administrative action. Failure to pay fines could result in the denial of issuing a permit.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-260, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-260, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-260, filed 7/23/87; Order 72-2, § 132Q-20-260, filed 2/7/72; Order 71-4, § 132Q-20-260, filed 7/26/71.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 87-16-010 (Resolution No.
27), filed 7/23/87)
WAC 132Q-20-265
Fines and penalties for all district
employees.
(1) Fines levied for all violations are subject to
payment to CCS ((the district)) in accordance with the
established fine schedule.
(2) Faculty and other district employees have the right
of due process and may appeal a decision of the appropriate
vice president or designee ((dean of student personnel
services)) to the college president or chief administrator of
a recognized institutional unit whose decision shall be final.
(3) Vehicles parked on any campus in violation of any of the regulations contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the appropriate vice president or designee. If a vehicle is impounded, it may be taken to such a place of storage as the appropriate vice president or designee selects. The expenses of such impounding and storage shall be the sole responsibility of the owner or operator of the vehicle. CCS shall not be liable for loss or damage of any kind resulting from such impounding and storage.
(4) At the discretion of the appropriate vice president or designee, an accumulation of traffic violations by college personnel is subject to disciplinary action pursuant to WAC 132Q-02-270.
(5) Refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action. Failure to pay fines could result in the denial of issuance of a permit, and/or impounding of vehicle.
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-20-265, filed 7/23/87.]
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-20-270, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-270, filed 7/23/87; Order 71-4, § 132Q-20-270, filed 7/26/71.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-94-010
Declaration of purpose.
By adoption of
the following health and safety regulations the board of
trustees of ((the)) Community Colleges of Spokane expresses
its firm commitment to the safety and health of its students
and employees. The board further recognizes the importance of
students and employees developing safe work habits,
particularly in the areas of equipment and machinery
operation, and in the handling of potentially hazardous
chemical substances. This chapter shall apply to all
students, college personnel ((employees)) and visitors and
shall pertain to all campuses and sites under the direct or
indirect control of the district.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-94-010, filed 6/26/00, effective 7/27/00; 90-21-022, § 132Q-94-010, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-94-010, filed 7/23/87; Order 72-1, § 132Q-94-010, filed 1/28/72.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 00-14-007, filed 6/26/00)
WAC 132Q-94-020
Rationale.
Adoption of these health and
safety rules by the board of trustees is based on the
following standards:
(1) The possibility of accidental injury to an individual
exists at all times and in all places and no place of work
((n))or any human activity is exempt from the possibility of
accidents.
(2) All community college safety programs are for the
benefit of ((both)) the Community Colleges of Spokane and the
individual students enrolled within the institution(s). There
is no conflict of interests between the students and the
college in the area of an accident prevention program; through
accident prevention, everyone benefits.
(3) Accident prevention requires both organization and education, consisting largely of the desire to provide and maintain an environment free of hazards through institution of a common-sense safety program and the determination to carry out the program effectively.
(4) Effective accident prevention includes instructor leadership, student cooperation, effective organization, thorough training, and good supervision.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-94-020, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-94-020, filed 7/23/87; Order 72-1, § 132Q-94-020, filed 1/28/72.]
(1) Students shall consider the benefits of accident prevention to themselves, to others, and to their work, and shall act accordingly, conducting their work to avoid accidents through observation of safe work practices.
(2) Students shall study and observe all safe practices governing their specific area of work or class assignment, and shall make a concerted effort to understand their job and area of assignment.
(3) Students shall ascertain emergency procedures from their instructor or supervisor.
(4) Students shall remain alert for any unsafe condition(s) or practice(s), immediately reporting any observed to their instructor or supervisor.
(5) Students shall promptly report any accident in which they are injured, regardless of the degree of severity, to their instructor or supervisor.
(6) Students shall not engage in practical jokes or horseplay while attending class or while on the job.
(7) Students shall not report to class or a work-study position while under the influence of intoxicants or drugs, nor shall such items be used or consumed while on the premises of the Community Colleges of Spokane or representing the Community Colleges of Spokane at an off-site location.
(8) Students who receive their instructor(('s)) or
supervisor's permission to operate a state vehicle shall
comply with existing fleet policies and procedures of
Community Colleges of Spokane.
(9) Students shall comply with existing smoking regulations of the Community Colleges of Spokane.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-94-030, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-94-030, filed 7/23/87; Order 72-1, § 132Q-94-030, filed 1/28/72.]
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-94-130, filed 7/23/87; Order 72-1, § 132Q-94-130, filed 1/28/72.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 87-16-010 (Resolution No. 27)
[00-14-007], filed 7/23/87 [6/26/00])
WAC 132Q-94-150
Prohibition of weapons ((firearms)) and
other dangerous instrumentalities.
No ((employee)) college
personnel, student or member of the public ((guest)) shall
carry, transport within a vehicle or otherwise possess any
weapon ((gun, pistol or other firearm or)) explosive device,
hazardous chemicals or any other hazardous weapon ((device))
such as knives or substance on any college campus or other
district property except for use in an authorized college
activity with express authorization from the chief executive
of the campus or an authorized designee.
[Statutory Authority: RCW 28B.50.140. 00-14-007, § 132Q-94-150, filed 6/26/00, effective 7/27/00; 90-21-023, § 132Q-94-150, filed 10/8/90, effective 11/8/90.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 132Q-94-160
Prohibition of open flames in college
buildings.
Candles and other open flames, including lighting
and burning of incense, are prohibited in any building owned
or operated by Community Colleges of Spokane. Open flames
create a fire hazard, and scented candles and incense can be
an irritant to other individuals. Exceptions may be made if
the candle or flame is associated with instructional equipment
under appropriate faculty supervision or for decorative/food
preparation purposes as part of an approved college function
and with appropriate equipment. The Facilities Department
obtains necessary permits from the City of Spokane Fire
Department for such uses.
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[Statutory Authority: RCW 28B.50.140. 91-17-076, § 132Q-108-010, filed 8/21/91, effective 9/21/91.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-17-076, filed 8/21/91)
WAC 132Q-108-020
Appointment of presiding officers.
The
chancellor/CEO ((chief executive officer or a designee of the
chief executive officer)) shall appoint ((designate)) a
presiding officer for an adjudicative proceeding. The
presiding officer shall be an administrative law judge, a
member in good standing of the Washington State Bar
Association, a panel of individuals, the chief executive
officer or a designee of the chief executive officer, or any
combination of the above. Where more than one individual is
designated to be the presiding officer, one person shall be
designated by the chief executive officer or the designee of
the chief executive officer to make decisions concerning
discovery, closure, means of recording adjudicative
proceedings, and similar matters.
[Statutory Authority: RCW 28B.50.140. 91-17-076, § 132Q-108-020, filed 8/21/91, effective 9/21/91.]
[Statutory Authority: RCW 28B.50.140. 91-17-076, § 132Q-108-040, filed 8/21/91, effective 9/21/91.]
(1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;
(2) Disputes concerning educational records;
(3) Student conduct proceedings. The procedural rules in
chapter 132Q-02((04)) WAC apply to these procedures;
(4) Parking violations. The procedural rules in chapter 132Q-20 WAC apply to these proceedings;
(5) Outstanding debts owed by students or employees;
(6) Loss of eligibility for participation in
institution-sponsored athletic events, pursuant to WAC 132Q-02-510((03-005)).
[Statutory Authority: RCW 28B.50.140. 92-14-039, § 132Q-108-050, filed 6/24/92, effective 7/25/92; 91-17-076, § 132Q-108-050, filed 8/21/91, effective 9/21/91.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 132Q-03-005 | Grounds for ineligibility |
| WAC 132Q-03-010 | Right to brief adjudicative procedure |
| WAC 132Q-03-020 | Brief adjudicative procedure |
| WAC 132Q-03-030 | Decision |
| WAC 132Q-04-010 | Purpose for adoption of student rules |
| WAC 132Q-04-020 | Definitions. |
| WAC 132Q-04-030 | Jurisdiction. |
| WAC 132Q-04-031 | Prohibited conduct. |
| WAC 132Q-04-076 | Hazing prohibited. |
| WAC 132Q-04-077 | Penalties for hazing. |
| WAC 132Q-04-078 | Sanctions for impermissible conduct not amounting to hazing. |
| WAC 132Q-04-097 | Eligibility for clinical programs. |
| WAC 132Q-04-100 | Right of assembly. |
| WAC 132Q-04-105 | Other punishable acts. |
| WAC 132Q-04-110 | Commercial activities. |
| WAC 132Q-04-120 | Outside speakers. |
| WAC 132Q-04-130 | Trespass. |
| WAC 132Q-04-140 | Distribution of materials. |
| WAC 132Q-04-150 | Right to demand identification. |
| WAC 132Q-04-160 | Purpose of disciplinary actions. |
| WAC 132Q-04-170 | Initiation of prosecution. |
| WAC 132Q-04-180 | Initial disciplinary proceedings. |
| WAC 132Q-04-190 | Appeals. |
| WAC 132Q-04-200 | Composition of college disciplinary committee. |
| WAC 132Q-04-210 | Brief adjudicative proceeding. |
| WAC 132Q-04-220 | Conduct of disciplinary proceedings. |
| WAC 132Q-04-230 | Evidence admissible in proceedings. |
| WAC 132Q-04-240 | Decision by the committee. |
| WAC 132Q-04-250 | Final decision regarding appeal of disciplinary committee action. |
| WAC 132Q-04-260 | Disciplinary action. |
| WAC 132Q-04-270 | Readmission after dismissal. |
| WAC 132Q-04-280 | Reporting, recording and maintenance of records. |
| WAC 132Q-05-010 | Purpose of summary suspension rules. |
| WAC 132Q-05-020 | Definitions. |
| WAC 132Q-05-030 | Jurisdiction. |
| WAC 132Q-05-033 | Authority to suspend. |
| WAC 132Q-05-036 | Conduct at college functions. |
| WAC 132Q-05-040 | Initiation of summary suspension proceedings. |
| WAC 132Q-05-050 | Notice of summary proceedings. |
| WAC 132Q-05-060 | Procedures of summary suspension proceeding. |
| WAC 132Q-05-070 | Decision by vice-president. |
| WAC 132Q-05-080 | Notice of suspension. |
| WAC 132Q-05-090 | Suspension for failure to appear. |
| WAC 132Q-05-100 | Appeal. |
| WAC 132Q-05-110 | Summary suspension proceedings not duplicitous. |
| WAC 132Q-05-120 | Reporting, recording and maintenance of records. |
| WAC 132Q-06-010 | Confidentiality of student records. |
| WAC 132Q-06-015 | Definition of a student. |
| WAC 132Q-06-016 | Definition of personally identifiable information. |
| WAC 132Q-06-020 | Education records -- Student's right to inspect. |
| WAC 132Q-06-025 | Requests and appeal procedures. |
| WAC 132Q-06-030 | Release of personally-identifiable records. |
| WAC 132Q-06-035 | College records. |
| WAC 132Q-06-040 | Records committee. |
| WAC 132Q-20-020 | Definitions |
(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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(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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(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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(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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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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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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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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(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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(1) 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.
(2) 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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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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(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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(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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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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(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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(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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(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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(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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(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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(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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(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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(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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(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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(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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(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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(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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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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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