Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule is [in] response to a timeline contained in 2SSB 5533 passed by the 2004 Legislature and signed into law by the governor.
Purpose: Adoption of a proposed new chapter to State Board of Education policies: Chapter 180-88 WAC, Definitions of sexual misconduct, verbal abuse, and physical abuse -- Mandatory disclosure -- Prohibited agreements, as presented herein. RCW 28A.400.301 requires adoption by September 1, 2004.
Statutory Authority for Adoption: RCW 28A.400.301.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Rule adoption is mandated by state law passed by the 2004 legislature.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 6, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 27, 2004.
DEFINITIONS OF SEXUAL MISCONDUCT, VERBAL ABUSE AND PHYSICAL ABUSE -- MANDATORY DISCLOSURE -- PROHIBITED AGREEMENTS
(a) Defining the term "sexual misconduct" for purposes of requiring school districts to forward known information about employee sexual misconduct to prospective school district employers; and
(b) Defining "sexual misconduct," "verbal abuse," and "physical abuse" for purposes of prohibiting school districts from entering into any contract or agreement that has the effect of suppressing information about verbal or physical abuse or sexual misconduct by a present or former employee, or has the effect of expunging such information from employer files.
(2) The authority for this chapter is RCW 28A.400.301.
(2) Authorized use of physical restraints or of aversive interventions consistent with chapter 392-172 WAC shall not constitute physical abuse.
(1) Any sexually exploitive act with or to a student. Sexually exploitive acts include, but are not limited to, the following:
(a) Any sexual advance, verbal, written or physical.
(b) Sexual intercourse, as defined in RCW 9A.44.010.
(c) Sexual contact, i.e., the intentional touching of the sexual or other intimate parts of a student except to the extent necessary and appropriate to attend to the hygienic or health needs of the student.
(d) Any activities determined to be grooming behavior for purposes of establishing a sexual relationship.
(e) The provisions of (a) through (d) of this subsection shall not apply if at the time of the sexual conduct the participants are married to each other.
(2) Indecent exposure, as defined in RCW 9A.88.010.
(3) Sexual harassment of another as defined under local employer policy.
(4) Commission of a criminal sex offense as defined under chapter 9A.44 RCW.
(5) Sexual abuse or sexual exploitation of any minor as found in any dependency action under chapter 13.34 RCW or in any domestic relations proceeding under Title 26 RCW.
(6) For purposes of this section, sexual misconduct occurs only when a school district determines it has sufficient information to conclude that an employee engaged in the sexual misconduct and it resulted in the employee leaving a position with the school district. Under RCW 28A.400.301, a district is prohibited from entering into any contract or agreement that has the effect of suppressing information about the misconduct of a present or former employee or has the effect of expunging such information from employer files, and a district must forward information regarding sexual misconduct to prospective employing districts.