WSR 05-13-084



[ Filed June 14, 2005, 12:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-09-044.

Title of Rule and Other Identifying Information: Student responsibilities, amends existing WAC 132H-120-200; clarifying the section on controlled substances, and adding a section on stalking.

Hearing Location(s): Bellevue Community College, Room B-125M, Dean of Student Services Office, 3000 Landerholm Circle S.E., Bellevue, WA, on Wednesday July 27, 2005, at 1:00 p.m.

Date of Intended Adoption: August 3, 2005.

Submit Written Comments to: Tika Esler, Dean of Student Services, Bellevue Community College, 3000 Landerholm Circle S.E., Bellevue, WA 98007, e-mail, fax (425) 564-4065, by July 27, 2005.

Assistance for Persons with Disabilities: Contact Susan Gjomesli by July 21, 2005, TTY (425) 564-4110 or (425) 564-2498.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal updates the student responsibilities section of Bellevue Community College's student code to better clarify the section on controlled substances and adds a section on stalking.

Statutory Authority for Adoption: RCW 28B.50.140.

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

Name of Proponent: Bellevue Community College District VII, governmental.

Name of Agency Personnel Responsible for Drafting: Debra Ross, Executive Assistant to the President, Bellevue Community College, A-201, (425) 564-2302; Implementation: Tika Esler, Dean of Student Services, Bellevue Community College, B-125, (425) 564-2205; and Enforcement: Joe Fithian, Director of Public Safety, Bellevue Community College, K-100, (425) 564-2250.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This policy does not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. There are no costs associated with implementation of this rule.

June 13, 2005

Debra P. Ross

Rules Coordinator

AMENDATORY SECTION(Amending WSR 03-14-015, filed 6/19/03, effective 7/20/03)

WAC 132H-120-200   Student responsibilities.   Any student shall be subject to disciplinary action as provided for in this chapter, who either as a principal actor, aide, abettor or accomplice as defined in RCW 9A.08.020:

(1) Materially and substantially interferes with the personal rights or privileges of others or the educational process of the college;

(2) Engages in unlawful conduct;

(3) Violates any provisions of this chapter; or

(4) Commits any prohibited act, including but not limited to the following:

(a) Alcoholic beverages. Being demonstrably under the influence of any form of alcoholic beverage. Possessing or consuming any form of liquor or 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.

(b) Controlled substances. Using, possessing, delivering, selling or being under the influence of ((any narcotic drug)) legend drugs, including anabolic steroids, androgens, or human growth hormones, as defined by RCW 69.50.101 or any other controlled substance as defined in RCW 69.50.101 as now law or hereafter amended, except ((when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist)) upon valid prescription or order of a practitioner is subject to additional sanctions, including disqualification from participation in college-sponsored athletic events. For the purpose of this regulation, "sale" shall include the statutory meaning defined in RCW 69.04.005 as now law or hereafter amended.

(c) Illegal entry. Unauthorized entry into or onto any locked or otherwise closed college property or facility in any manner, at any time, without permission of the college employee or agent in charge thereof.

(d) Forgery or alteration of records. Forgery, as defined in RCW 9A.60.010 - 9A.60.020 as now law or hereafter amended or any district record of instrument or tendering any forged record of instrument to any employee or agent of the district acting in his/her official capacity as such.

(e) Illegal assembly. Participation in an assembly which materially and substantially interferes with vehicular or pedestrian traffic, classes, hearings, meetings, the educational and administrative functions of the college, or the private rights and privileges of others.

(f) Malicious mischief. Intentional or negligent damage to or destruction of any college facility or other public or private real or personal property.

(g) Failure to follow instructions. Failure to comply with directions of properly identified college officials acting in performance of their duties.

(h) Physical abuse. Physical abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on college-owned or controlled property or at college-sponsored or supervised functions.

(i) Assault. Assault, reckless endangerment, intimidation or interference upon another person in the manner set forth in RCW 9A.36.010 through 9A.36.050 or RCW 28B.10.570 through 28B.10.572 as now or hereafter amended.

(j) Disorderly, abusive, or bothersome conduct. Disorderly or abusive behavior that interferes with the rights of others or which obstructs or disrupts teaching, research, or administrative functions.

(k) Weapons. Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the college campus, except for authorized college purposes or for law enforcement officers, unless written approval has been obtained from the dean of student services or any other person designated by the president.

(l) Lewd conduct. Engaging in lewd, indecent, or obscene behavior on college-owned or controlled property or at college-sponsored or supervised functions.

(m) False alarms. 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.

(n) Cheating and plagiarism. Engaging in cheating, stealing, plagiarizing, knowingly furnishing false information to the college, or submitting to a faculty member any work product that the student fraudulently represents as his or her own work for the purpose of fulfilling or partially fulfilling any assignment or task required as part of a program of instruction.

(o) Sexual harassment. Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where such behavior knowingly offends the recipient, causes discomfort or humiliation, or interferes with job or school performance.

(p) Theft or robbery. Theft or robbery from the district or from another as defined in RCW 9A.56.010 through 9A.56.050 and RCW 9A.56.100 as now law or hereafter amended.

(q) Unauthorized use of property. Converting or using college equipment, supplies or other property without proper authority.

(r) Refusal to provide identification. Refusal to provide positive identification (e.g., valid driver's license or state identification card) in appropriate circumstances to any college employee in the lawful discharge of said employee's duties.

(s) Smoking. Smoking in any college facility or on campus grounds except where specifically posted as permitted, or any other smoking not complying with chapter 70.160 RCW.

(t) False complaint. Filing a formal complaint falsely accusing another student or college employee with violating a provision of this chapter.

(u) Improper use of computer, telephone or other electronic devises. Conduct that violates WAC 132H-120-210. Trespassing or gaining access, without authorization, to a computer, system, network, or electronic data owned, used by, or affiliated with the college.

(v) Ethics violation. The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking courses or is pursuing as an educational goal or major. These ethics codes must be distributed to students as part of an educational program, course, or sequence of courses and the student must be informed that a violation of such ethics may subject the student to disciplinary action by the college.

(w) Criminal law violation, illegal behavior, other unlawful violations. Students can be reported to proper authorities for acts which constitute violations to applicable local, state and federal laws. When the student's behavior is determined to threaten the health, safety and/or property of the college and its members, the college may immediately and summarily suspend the student and refer any such violation to the proper authorities for disposition.

(x) Stalking. Stalking behavior or conduct in which a student willfully and repeatedly follows or contacts someone with the intent and/or reasonable effect of creating fear or emotional distress and where the College determines that such behavior or conduct serves no legitimate purpose.

[Statutory Authority: RCW 28B.50.140. 03-14-015, 132H-120-200, filed 6/19/03, effective 7/20/03; 02-10-069, 132H-120-200, filed 4/26/02, effective 5/27/02. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 93-12-008, 132H-120-200, filed 5/19/93, effective 6/19/93; 92-19-047, 132H-120-200, filed 9/10/92, effective 10/11/92. Statutory Authority: RCW 28B.50.140. 86-01-056 (Order 91, Resolution No. 169), 132H-120-200, filed 12/16/85; 83-12-012 (Order 84, Resolution No. 155), 132H-120-200, filed 5/23/83; 81-07-034 (Order 71, Resolution No. 135), 132H-120-200, filed 3/13/81; 80-15-011 (Order 71, Resolution No. 131), 132H-120-200, filed 10/6/80; 78-07-024 (Order 57, Resolution No. 111), 132H-120-200, filed 6/15/78; Order 44, 132H-120-200, filed 8/11/76; Order 16, 132H-120-200, filed 3/15/73.]

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.

Washington State Code Reviser's Office