Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-10-101.

     Title of Rule and Other Identifying Information: WAC 132D-120-230 Student grievances.

     Hearing Location(s): Skagit Valley College, Ford Hall 101, 2405 East College Way, Mount Vernon, WA 98273 on October 4, at 3:00 - 4:30 p.m.; and at the Skagit Valley College Whidbey Island Campus, Oak Hall 306, 1900 S.E. Pioneer Way, Oak Harbor, WA 982733 [98273], on October 7, at 12:30 p.m. - 2:00 p.m.

     Date of Intended Adoption: December 1, 2005.

     Submit Written Comments to: Alan Muia, Skagit Valley College, 2405 East College Way, Mount Vernon, WA 98273, e-mail Alan.Muia@skagit.edu, fax (360) 416-7676, by October 3, 2005.

     Assistance for Persons with Disabilities: Contact Eric Anderson by October 3, 2005, TTY (360) 416-7718 or (360) 416-7818.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This change to the Skagit Valley College policy on student grievances would clarify grievance procedures and timelines, updates language in policy and procedures, and corrects position titles referenced in the code.

     Reasons Supporting Proposal: This change to the Skagit Valley College policy on student grievances would clarify grievance procedures and timelines, updates language in policy and procedures, and corrects position titles referenced in the code.

     Statutory Authority for Adoption: RCW 28B.50.140.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This change to the Skagit Valley College policy on student grievances would clarify grievance procedures and timelines, updates language in policy and procedures, and corrects position titles referenced in the code.

     Name of Proponent: Skagit Valley College, public.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Alan Muia, 2405 East College Way, (360) 416-7633.

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

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

August 17, 2005

Lisa Radeleff

Executive Assistant

OTS-8250.2

AMENDATORY SECTION(Amending WSR 94-01-028, filed 12/6/93, effective 1/6/94)

WAC 132D-120-230   Student grievances.   The purpose of this section is to protect each student's freedom of expression in the classroom; to protect each student against improper disclosure of the students' views, beliefs and political associations; to protect each student from improper, arbitrary or capricious academic evaluation as evidenced by the student's ((final)) course grade; and to afford each student reasonable protection against arbitrary or capricious actions taken outside the classroom by other members of the college community.

     Skagit Valley College is committed to protecting the rights and dignity of each individual in the campus community. Therefore, the college will not tolerate discrimination of any kind, at any level.

     ((Further, it is the policy of Skagit Valley College to provide an environment in which students can work and study free from sexual harassment or sexual intimidation. Sexual harassment is a form of sexual discrimination. As such, it is a violation of Title VII of the 1964 Civil Rights Act and Title IX of the 1972 Education Amendments.

     Sexual harassment of a student is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when: (a) Submission to the conduct is either explicitly or implicitly a term or condition of an individual's academic standing; and/or (b) submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; and/or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive environment.)) Students may follow ((procedures found at WAC 132D-300-040)) the college policy on sexual harassment and/or may file complaints with outside agencies, as referenced in WAC 132D-300-040(9). Students should determine the time deadlines that apply to the filing of complaints with such outside agencies, as the college's internal processing of student complaints may not toll such time periods.

[Statutory Authority: RCW 28B.50.140. 94-01-028, § 132D-120-230, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), § 132D-120-230, filed 12/1/88, effective 1/1/89.]

     (2) Federal and state laws, rules and regulations, in addition to policies, regulations and procedures adopted by the state board for community ((college education)) and technical colleges or the board of trustees of Community College District No. 4 shall not be grievable matters. College personnel actions are considered confidential. Results may not be made available for review.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-240, filed 12/1/88, effective 1/1/89.]

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-250, filed 12/1/88, effective 1/1/89.]

     (2) A student wishing to pursue ((an informal)) a resolution to his or her ((grievance)) concern may ((first)) contact the ((student activities office)) counseling center. That office will serve as a source of information and direction for grievants ((and shall advise students as to the most effective means of resolving their grievance. This service is optional)).

     (((2))) (3) A student ((may instead, as a first step in the informal grievance procedure,)) shall contact the faculty or staff member with whom he or she has a ((grievance)) concern and attempt to resolve the matter through direct discussion. A student may ask a support person to accompany him or her in this discussion.

     (((3))) (4) If direct discussion does not resolve the ((grievance)) concern to the student's satisfaction, the student shall take the matter to the faculty/staff member's immediate supervisor. The supervisor shall ((serve as a mediator and will)) attempt to resolve the matter promptly and fairly.

     (((4))) (5) If the ((efforts of the supervisor also fail to satisfy the grievant)) issue is not resolved, the supervisor shall forward the complaint to the appropriate ((associate dean)) administrator who shall meet with the student and, within three working days, ((decide how best to resolve the grievance. The associate dean shall issue a written opinion)) write a letter to the student involved and copied to the faculty or staff member involved that details the resolution she/he proposes.

     (((5) The student shall be notified of this decision and shall also be informed of his or her right to file a petition to have the grievance heard before the grievance review committee.))

     (6) The ((informal grievance)) procedure outlined in steps one through four shall be completed in ((fifteen)) twenty working days unless all parties agree to more time.

     (7) The student shall be notified of this decision and shall also be informed of his or her right to file a petition to have the grievance heard before the grievance review committee. The student must submit this request to the office of the registrar within five days of his/her receipt of the administrator's letter. Any student alleging a violation of Title IX of the 1972 Education Amendments concerning sexual harassment may avail himself or herself of the ((procedures in chapter 132D-300 WAC)) college's sexual harassment policy.

[Statutory Authority: RCW 28B.50.140. 94-01-028, § 132D-120-260, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), § 132D-120-260, filed 12/1/88, effective 1/1/89.]

     (2) The Title IX((/)) or Sec. 504 officer shall:

     (a) Provide information about informal and formal options within and outside the college.

     (b) Intervene, if requested by either party, in order to resolve the problem to the satisfaction of all.

     (3) If the Title IX((/)) or Sec. 504 officer is unable to resolve the grievance, the student may ((file an official grievance requesting)) request a hearing before the grievance review committee and is entitled to all appeals beyond that committee.

     (4) Consultations with the Title IX((/)) and Sec. 504 officer shall be strictly confidential ((until the Title IX/Sec. 504 officer begins to act as mediator)).

[Statutory Authority: RCW 28B.50.140. 94-01-028, § 132D-120-270, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), § 132D-120-270, filed 12/1/88, effective 1/1/89.]

     (2) When a petition for review is filed, the student shall either:

     (a) Be assigned an ((advocate,)) advisor by the ,college or choose an advisor of his/her own; or

     (b) Waive his or her right to an ((advocate,)) advisor; or

     (c) Notify the college of his or her retention of an attorney at least one week prior to a scheduled grievance hearing. Where the student is ((represented)) accompanied by an attorney, the college may be represented by an assistant attorney general.

     (3) The student's completed official grievance form shall be distributed to all members of the grievance review committee.

     (4) The registrar shall chair the grievance review committee and its members shall be chosen as follows:

     (a) Two faculty members appointed by the ((executive dean)) vice-president of educational services; and

     (b) Two students appointed by the president of the associated students of Skagit Valley College; and

     (c) Two classified staff members appointed by the classified staff ((training committee)) designated leadership.

     (5) The grievance review committee may call any witnesses and hear any testimony needed to reach a prompt, fair resolution of the grievance. The proceedings before the committee shall not be considered a formal((,)) trial-type hearing. ((However, where requested by the student and approved by the president, or where required by RCW 28B.19.110, a formal hearing (to be conducted in accordance with WAC 132D-120-120) may be granted.))

     (6) Within three working days of the conclusion of the hearing, the committee shall issue a written recommendation. All parties shall receive a copy of this recommendation.

     (7) In the case of instructional grievances, the committee's recommendations shall be sent to the ((executive dean)) vice-president of educational services. In all other cases, the committee's recommendations shall be forwarded to the ((dean of administrative and student services)) vice-president responsible for the area in which the faculty or staff member is employed. The appropriate ((dean)) vice-president shall, within ((three)) five working days, accept, modify, or reject the recommendations of the grievance review committee and notify all parties.

     (((8) All parties shall be notified of the dean's decision within five working days.))

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-280, filed 12/1/88, effective 1/1/89.]

     (2) The president will review the record of the case prepared by the committee together with any appeal statement and will deliver a written acceptance of the ((registrar's)) vice-president's decision or directions as to what other course of action shall be taken, within ten instructional days after receiving the appeal.

     (((2))) (3) This decision shall constitute final agency action by the college.

     (((3))) (4) A student who ((was granted a formal hearing by the president of the college and who)) feels aggrieved by the institution's final decision, may petition for judicial review of that decision according to the provisions of RCW 28B.19.150.

     (((4))) (5) For further review in sexual or handicapped discrimination cases, the grievant may send appeals or inquiries to:

     (((a) Regional Director, Office of Civil Rights, HEW; 29011-3rd Avenue, M.S. 510, Seattle, WA 98121;

     (b) The Equal Opportunity Commission; 1321-2nd Avenue, Seattle, WA 98101;

     (c) Human Rights Commission; 402 Evergreen Plaza Building, 7th and Capitol Way, Olympia, WA 98504.))

     (a) U.S. Department of Education

     Office for Civil Rights Region X

     915 Second Avenue, Room 3310

     Seattle, WA 98174

     206-220-7900

     (b) Washington State Human Rights Commission

     Third Avenue

     Seattle, Washington 98101

     206-464-6500

     (c) Department of Justice Civil Rights Division

     1424 New York Avenue, Room 5041

     Washington, D.C. 20005

     202-307-0818 (TTD), or 800-514-0383 (voice)

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-290, filed 12/1/88, effective 1/1/89.]

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-320, filed 12/1/88, effective 1/1/89.]

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-330, filed 12/1/88, effective 1/1/89.]

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-350, filed 12/1/88, effective 1/1/89.]

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