Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-15-037.

     Title of Rule and Other Identifying Information: Chapter 132X-10 WAC, Public records; chapter 132X-30 WAC, Use of college facilities; chapter 132X-50 WAC, Parking and traffic regulations -- South Puget Sound Community College; and chapter 132X-60 WAC, South Puget Sound code of student rights and responsibilities.

     Hearing Location(s): Boardroom, Student and Administrative Services Building #25, South Puget Sound Community College, 2011 Mottman Road S.W., Olympia, WA 98512-6292, on November 4, 2009, at 3:00 p.m.

     Date of Intended Adoption: November 4, 2009.

     Submit Written Comments to: Diana Toledo, South Puget Sound Community College, 2011 Mottman Road S.W., Olympia, WA 98512-6292, e-mail dtoledo@spscc.ctc.edu, fax (360) 586-3570, by October 28, 2009.

     Assistance for Persons with Disabilities: Contact Diana Toledo by October 28, 2009, TTY (360) 596-5439.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 132X-10 WAC, to reflect updates to the state WAC numbering system and to update college title changes; chapter 132X-30 WAC, to simplify language and refer to existing procedures; chapter 132X-50 WAC, to update title change and internal reference; and chapter 132X-60 WAC, to update title and name changes, refer to existing college procedures, and identify and clarify college staff.

     Reasons Supporting Proposal: The changes are necessary to update the rules and make them easier and clearer to read by updating internal references to titles, college staff, procedures, etc.

     Statutory Authority for Adoption: RCW 28B.50.140, 34.05.010.

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

     Name of Proponent: South Puget Sound Community College, governmental.

     Name of Agency Personnel Responsible for Drafting: President's staff (vice-presidents), Building 25, 22, (360) 596-5202; Implementation and Enforcement: President's staff, Building 25, 22, (360) 596-5202.

     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.

September 2, 2009

Gerald Pumphrey

College President

OTS-2630.2

AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-010   Purpose.   The purpose of this chapter shall be to ensure compliance by the South Puget Sound Community College District 24 with the provisions of chapter ((42.17)) 42.56 RCW, ((Disclosure -- Campaign finances -- Lobbying -- )) Public Records((; and in particular with RCW 42.17.250 through 42.17.340, dealing with public records)) Act.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-10-010, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-10-010, filed 10/18/88.]

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-10-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-10-050, filed 10/18/88.]

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-10-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-10-060, filed 10/18/88.]

     (1) A request should be made in writing upon a form prescribed by the college which shall be available at its administrative office. The form shall be presented to the public records officer and/or his/her designees, at the administrative office during customary office hours. The request shall include the following information:

     (a) The name of the person requesting the record;

     (b) The time of day and calendar date on which the request was made;

     (c) The nature of the request;

     (d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index;

     (e) If the requested matter is not identifiable by reference to the college's current index, an appropriate description of the record requested.

     (2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer and/or his/her designees, to assist the member of the public in appropriately identifying the public record requested.

     (3) The public records officer and/or his/her designee to whom the request is presented shall, by the close of five business days:

     (a) Make the requested document available; or

     (b) State that such a document does not exist; or

     (c) Ask for clarification of the document requested; or

     (d) Deny access because the document is exempt from public inspection under WAC 132X-10-050.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-10-080, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-10-080, filed 10/18/88.]

     (2) In addition, pursuant to RCW ((42.17.260)) 42.56.070, the college reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 1, Laws of 1973. The public records officer and/or his/her designee will fully justify such deletion in writing.

     (3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

     (4) The release or disclosure of student educational records is governed by federal regulation (FERPA). Separate and different procedures are established by the college for student educational records.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-10-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-10-100, filed 10/18/88.]

     (2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his/her designee denying the request shall refer it to the president. The president or his/her designee shall consider the college's obligation to comply with the intent of chapter ((42.17)) 42.56 RCW, the exemptions provided in RCW ((42.17.310)) 42.56.210 or other pertinent statutes, and the statutory provisions which require the college to protect public records from damage or disorganization, prevent excessive interference with essential college functions, and prevent any unreasonable invasion of personal privacy by deleting identifying details. In any case, the request shall be returned with a final decision, within five business days following the original denial.

     (3) Administrative remedies shall not be considered exhausted until the college has returned the petition with a decision or until the close of the fifth business day following denial of inspection, whichever occurs first.

     (4) Whenever the college concludes that a public record is exempt from disclosure and denies inspection and copying, the requestor may request a review of the matter by the office of the attorney general. A written request for review by the attorney general's office, along with a copy of the request and the college's written denial should be sent directly to the office of attorney general in Olympia, Washington. The office of the attorney general will conduct a prompt and independent review of the request and the college's denial and provide a written opinion as to whether the record requested is exempt from disclosure. This review is not binding upon the college or the requestor.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-10-110, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-10-110, filed 10/18/88.]

OTS-2631.1

AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-30-010   General policy.   ((South Puget Sound Community College District 24 is an educational institution provided and maintained by the people of the state. Its campuses, buildings, properties and facilities shall be reserved at all times for those activities which are related to its broad educational objectives and goals. However, the facilities, when not required for scheduled college use, are available for rental by the public in accordance with specified fee schedules and other regulations and procedures for such use.)) It shall be the policy of South Puget Sound Community College to allow rental of college facilities when they are not previously scheduled for college use to noncollege organizations or any individuals upon approval by the president or designee, and in accordance with administrative regulations.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-30-010, filed 10/18/88.]

     The written notice shall inform the person that he or she may produce and question witnesses, and that failure to request a hearing within the time specified constitutes a waiver of the person's right to such hearing. The college shall have the burden of proving that the person repeatedly engaged in conduct prohibited by subsection (2) of this section. After the hearing, if one is requested, the president or the president's designee may decide to bar the person from college property permanently, to grant the person a limited license to enter onto college property, or to grant the person full access to college property. A copy of the decision will be sent to the person's last known address within two weeks after the hearing.)) The college president or designee, acting through campus security, shall have the authority and power to:

     (1) Prohibit the entry of, or withdraw the license or privilege of a person or persons or any group of persons to enter onto or remain upon any portion of a college facility; or

     (2) Give notice against trespass to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from entering onto or remaining upon all or any portion of a college facility; or

     (3) Order any person, persons, or group of persons to leave or vacate all or any portion of a college facility.

     Such authority and power may be exercised to halt any event that is deemed to be unreasonably disruptive of order or threatens to disrupt the movement of persons from facilities owned and/or operated by the college. Any student or person who shall disobey a lawful order given by the college president or designee pursuant to the requirements of this section shall be subject to disciplinary and/or legal action.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-30-030, filed 10/18/88.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132X-30-020	Administrative control.
WAC 132X-30-040	Scheduling.
WAC 132X-30-050	Users.
WAC 132X-30-060	Limitations of use.
WAC 132X-30-070	Fees.

OTS-2632.1

AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-030   Definitions.   As used in this chapter, the following words and phrases shall mean:

     (1) "Annual permits": Permits which are valid from the date of issue until the first day of the following fall quarter. Annual permits are sold during fall quarter.

     (2) "Board": The board of trustees of South Puget Sound Community College, District 24.

     (3) "Campus": All lands and buildings devoted to, operated by, or maintained by South Puget Sound Community College, District 24.

     (4) "Campus security officer": An employee of the college who is responsible for campus traffic control, parking, security, and safety.

     (5) "College": South Puget Sound Community College, District 24.

     (6) "Director of security": The college's safety and security supervisor.

     (7) "Employee": Any individual appointed to the faculty, staff, or administration of the college. Student employment positions or college work study positions are not considered employees of the college in these definitions.

     (((7))) (8) "Full-time employee": An employee of the college employed twenty hours or more per week on a permanent regular basis.

     (((8))) (9) "Full-time student": Any person who is enrolled at this college and is taking ((ten)) twelve credits ((hours)) or more ((on the main campus)).

     (((9))) (10) "Guests/visitors": ((A person or)) Persons who come upon the campus as guests and ((person or)) persons who lawfully visit the campus.

     (((10))) (11) "((Main)) Mottman campus": All lands and buildings located at 2011 Mottman Road S.W., Olympia, WA.

     (((11))) (12) "Part-time employee": An employee of the college employed less than twenty hours per week. Student employees or college work study employees are not classified as part-time employees under these definitions.

     (((12))) (13) "Part-time student": Any person who is enrolled at this college and is taking ((nine)) eleven credits ((hours)) or less ((on the main campus)).

     (((13) "Safety and security supervisor": The college's safety and security supervisor.))

     (14) "Security office": The college's campus security office.

     (15) "Temporary permits": Permits which are valid for a specific period designated on the permit.

     (16) "Vehicle": Automobile, truck, motor-driven cycle, scooter or any vehicle otherwise powered.

     (17) "Vice-president for administrative services": The vice-president for administrative services for South Puget Sound Community College, District 24.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-50-030, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-50-030, filed 10/18/88.]

     (1) A person may be issued a parking permit upon the proper registration of his/her vehicle with the college.

     (2) The ((safety and security supervisor)) director of security, or a designee, may issue temporary, permanent or special parking permits when such permits are necessary to enhance the business or operation of the college.

     (3) Additional permits are available at the current fee schedule to individuals who have registered other vehicles. Only one vehicle registered to an individual under one permit fee shall be permitted to park on campus at any one time.

     (4) Persons who pay the current fee for parking permits and who later request a refund shall receive refunds according to the refund policy published in the college catalogues and bulletins. The person must first turn in the current quarter/annual permit to the cashier's office, before a refund will be issued.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-50-040, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-50-040, filed 10/18/88.]

     The following section of the Washington Administrative Code is repealed:

WAC 132X-50-190

Parking advisory committee.

OTS-2633.1

AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-010   Preamble.   South Puget Sound Community College is dedicated not only to learning and the advancement of knowledge but also the development of ethically sensitive and responsible persons. It seeks to achieve these goals through a sound educational program and policies concerning conduct that encourage independence and maturity while strengthening the spirit of mutual cooperation and responsibility shared by all members of the college community. Sharing goals held in common, the students, faculty, and staff of South Puget Sound Community College are joined in voluntary association in an educational community.

     ((The student is, first of all, a member of the community at large, and as such, is entitled to the rights and responsibilities of any citizen of comparable age and maturity. In addition, students, as members of the college, are in the unique position of being citizens of two communities, subject to the regulations imposed by both and accountable to both. South Puget Sound Community College expects that students will respect the laws of the greater society. As an agency of the state of Washington, the college must respect and adhere to the regulations established by local, state, and federal authorities. As an educational institution, it has the added responsibility for assisting students in gaining an understanding of the law and its function, and the responsibilities imposed upon each individual in a democratic society to respect and support the legal structure which protects the individual and the society. As a functioning organization, it also has the responsibility to develop a set of regulations to assure the orderly conduct of the affairs of the college.))

     Admission to the college carries with it the expectation that students will conduct themselves as responsible members of the college community, that they will comply with the rules and regulations of the college, maintain high standards of integrity and honesty, respect the rights, privileges and property of other members of the college community and will not interfere with legitimate college affairs.

     ((An atmosphere of learning and self-development is created by appropriate conditions in the college community. The rights and responsibilities in this document are critical ingredients in the free, creative, and spirited educational environment to which the students, faculty and staff at South Puget Sound Community College are committed.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-010, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-010, filed 10/18/88.]

     (1) SPSCC senate means the representative governing body for students at South Puget Sound Community College recognized by the board of trustees.

     (2) Assembly means 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 disseminated information to any person, persons or group of persons.

     (3) Board means the board of trustees of South Puget Sound Community College, District 24((, state of Washington)).

     (4) College means South Puget Sound Community College ((located within Community College)), District 24((, state of Washington)).

     (5) College facilities means and includes any or all real and personal property owned or operated by the college and shall include all buildings and appurtenances affixed thereon or attached thereto.

     (6) College personnel refers to any person employed by Community College District 24 on a full-time or part-time basis, except those who are faculty members.

     (7) Disciplinary action means and includes dismissal or any lesser sanction of any student by the vice-president for student services, the student hearing committee, college president, or the board of trustees for the violation of any of the provisions of the code of student rights and responsibilities for which such sanctions may be imposed.

     (a) The college president or designee shall have the authority to take any disciplinary action including the authority to suspend any student of the college for a period not to exceed ten academic calendar days.

     (b) The college president or designee shall have the authority to take any disciplinary action including the authority to dismiss any student of the college.

     (8) District means Community College District 24, state of Washington.

     (9) Faculty member(s) means any employee of South Puget Sound Community College who is employed on a full-time or part-time basis ((as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, except administrative appointments)).

     (10) President means the duly appointed chief executive officer of South Puget Sound Community College, District 24, ((state of Washington,)) or in his/her absence, the designee.

     (11) Recognized student organization means and includes any group or organization composed of students which is recognized formally by the student government of the college.

     (12) A sponsored event or activity means any activity that is scheduled by the college and is supervised and controlled by the college's faculty members or college personnel. Such sponsorship shall continue only as long as the event is supervised and controlled by the college faculty member or college personnel. When the sponsored event or activity is of a prolonged nature, and free time periods are permitted to the students participating in the event, any activity taking place during such a free time period outside of the supervision and control of the college's faculty member or college personnel responsible for the event or activity shall be deemed to be a nonsponsored activity.

     (13) Student, unless otherwise qualified, means and includes any person who is enrolled for classes or formally in the process of applying for admission to the college.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-015, filed 2/8/00, effective 3/10/00.]

     Persons aiding or abetting a student's breach of this code shall be subject to having their privilege removed as to remaining on college property or engaging in college-sponsored activities, and/or appropriate disciplinary action pursuant to ((HEPB rules or faculty and administrative rules and regulations of conduct)) this code, college policies and procedures, and/or state civil or criminal law. If the privilege to remain on campus is revoked, trespassers shall be subject to possible arrest and prosecution under the state criminal trespass law.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-020, filed 10/18/88.]

     (((a))) (1) Prohibit the entry of, or withdraw the license or privilege of a person or persons or any group of persons to enter onto or remain upon any portion of a college facility; or

     (((b))) (2) Give notice against trespass to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from entering onto or remaining upon all or any portion of a college facility; or

     (((c))) (3) Order any person, persons, or group of persons to leave or vacate all or any portion of a college facility.

     (((2) Any student who shall disobey a lawful order given by the campus president or designee pursuant to the requirements of subsection (1) of this section shall be subject to disciplinary action.)) Such authority and power may be exercised to halt any event that is deemed to be unreasonably disruptive of order or threatens to disrupt the movement of persons from facilities owned and/or operated by the college. Any student or person who shall disobey a lawful order given by the college president or designee pursuant to the requirements of this section shall be subject to disciplinary and/or legal action.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-035, filed 2/8/00, effective 3/10/00.]

     (1) Education records. Education records are defined as those records, files, and documents containing information directly pertaining to a student. At South Puget Sound Community College these are:

     (a) Records pertaining to admission, advisement, registration, grading and progress to a degree that are maintained by enrollment services.

     (b) Testing information used for advisement purposes by the counseling center.

     (c) Information concerning payment of fees as maintained by the treasurer.

     (d) Financial aid information as collected by the financial aid office.

     (e) Information regarding students participating in student government or athletics that is maintained by the student programs office.

     (2) Access to education records. Students who are or have attended the college have the right to examine or review their personal records, as defined above, by submitting to the registrar a written request indicating education records to which access is desired.

     (3) Directory information. The following information is considered "directory information" and thus may be disclosed without consent of the student, unless otherwise directed by the student, at any time, to the registrar in writing: The student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, academic honors, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

     (4) Disclosure from education records. In addition to directory information the college will, at its discretion, make disclosures from education records of students with the student's prior written consent or to the following listed parties:

     (a) College officials including college administrative and clerical staff, faculty, and students where officially elected or appointed to the ASB-SPSCC senate or employed by the college. Access or release of records to the above is permissible only when the information is required for the advisement, counseling, recordkeeping, reporting, or other legitimate educational interest consonant with their specific duties and responsibilities.

     (b) To officials of another school in which the student seeks or intends to enroll.

     (c) To authorized federal, state, or local officials as required by law.

     (d) In connection with financial aid for which the student has applied or received.

     (e) To accrediting organizations, or organizations conducting studies for or on behalf of the institution.

     (f) To appropriate parties in a health or safety emergency.

     (g) To persons in compliance with a judicial order or a lawfully issued subpoena, provided that the college first makes a reasonable effort to notify the student.

     (h) To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954, upon receipt of a written affidavit stating that the student is a dependent for income tax purposes. This, however, will not affect the other rights of the student.

     In cases where consent of the student is required for release of education records, the student shall in writing, signed and dated by the student, specify: The records to be disclosed, the purpose or purposes of the disclosure, and the name of the party or parties to whom the disclosure can be made.

     When personally identifiable information is released without prior consent of the student, other than directory information and information released to college officials or the student, the college official in charge of these records will record the names of the parties who have requested information from educational records and the nature of the interest in that information.

     Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student. The college is not precluded from permitting third party disclosures to other parties listed in (a) through (h) of this subsection.

     (5) Challenge of education records. Students who believe that information contained in their education records is inaccurate, misleading or violates the privacy or other rights of the student may request in writing to the appropriate college official that the college amend their record(s). The college official(s) will make every effort to settle disputes through informal meetings and discussion with the student.

     In instances where disputes regarding contents of education records cannot be resolved by the parties concerned, the college official involved shall advise the student of the right to a hearing by the academic standards committee through a written request to the administrator for enrollment services. Should the academic standards committee deem that the education records in question are inaccurate or misleading, the committee can ask that the records be amended by the appropriate college official. If the education records are held to be accurate, the student shall be granted the opportunity to place within those records a personal statement commenting upon the information contained within.

     Each eligible student is afforded the right to file a complaint concerning alleged failures by the college to comply with the requirements of the act. The address of the office designated to investigate, process, and review violations and complaints which are filed is:

The Family Educational Rights and      Privacy Act Office (FERPA)      Department of Health, Education           and Welfare      330 Independence Avenue S.W.      Washington, D.C. 20201

     Copies of the Federal Register pertaining to the Family Education Rights and Privacy Act may be obtained from:

Superintendent of Documents      U.S. Government Printing Office      Washington, D.C. 20402

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-050, filed 10/18/88.]

     The student publications policy shall protect the students' freedom to deal with any ideas and to express any opinions in the student publications without fear of their censorship. Editors and managers of student publications are protected from arbitrary suspension and removal. Only for proper and stated causes, as outlined in the statement of purpose or philosophy adopted for each student publication, should editors and managers be subject to removal and then by orderly and prescribed procedures.

     The student editors and managers must practice responsible journalism and have freedom of expression as outlined in the "South Puget Sound Community College Student Publications Code." ((June 1999, Article I, A and B.

     The operational responsibilities of the publication board are outlined in the "South Puget Sound Community College Student Publications Code" June 1999, Article IX:

     (1) Appointment of each publication's editor.

     (2) Reviewing budget requests of each student publication, prior to the submittal of those requests, recommending action on funding.

     (3) Review any complaints pertaining to student publications.

     (4) Resolve complaints about student editors and managers.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-060, filed 10/18/88.]

     Permission for the posting of materials and literature on college property shall be obtained from the following college officials:

     (1) The dean of student ((programs)) life for the posting of materials in nondesignated areas in the student union building, the college center, hallways, within buildings and those areas located on campus outside of college buildings.

     (2) No posting will be allowed on railings unless paint protection devices are used. Permission for any such postings must have the prior approval of the dean of student ((programs)) life.

     (3) The appropriate college vice-president for permission for the dissemination and distribution of materials in other areas of the college campus, buildings, or facilities.

     In addition, the following apply to the posting of materials:

     (4) No posting of obscene materials.

     (5) No materials will be posted or tacked on trees or the covered walkway gazebo(s).

[Statutory Authority: RCW 28B.50.140(13). 03-03-089, § 132X-60-065, filed 1/16/03, effective 2/16/03; 00-05-023, § 132X-60-065, filed 2/8/00, effective 3/10/00.]

     Use of facilities for purposes other than those approved or in an irresponsible manner may result in withdrawal of this privilege for ((an)) the student club or organization.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-070, filed 10/18/88.]

     A complaint is any expression of dissatisfaction with the performance of a college employee or procedure. The student who has a complaint about an action of a college employee should use the following procedure:

     Nonacademic complaints

     (1) Initiating a nonacademic complaint:

     (a) The student complainant and the college employee should make a good faith effort to resolve the grievance on a one to one basis within fifteen ((instructional)) calendar days from the date of the complaint. In the event of absence from campus by the employee, the student shall contact the organizational unit administrator for advice on how to proceed with the complaint. If the student feels that he/she cannot meet face-to-face with the employee he/she may directly contact the organizational unit administrator.

     (b) If the student determines that a complaint cannot be resolved appropriately with the employee concerned, the student may contact the organizational unit administrator of the employee to facilitate a solution to the ((grievance)) complaint.

     (c) If a complaint filed with the appropriate organizational unit administrator has not been resolved, the student may proceed with a formal complaint.

     (2) Proceeding with a formal nonacademic complaint:

     (a) Office to address: Complaints regarding an instructional employee or policy shall be addressed to the vice-president ((of)) for instruction or designee. Complaints regarding an administrative services employee or policy shall be addressed to the vice-president ((of)) for administrative services or designee. Complaints regarding student services employees ((or other college personnel)) shall be addressed to the vice-president ((of)) for student services or designee.

     (b) The vice-president/designee shall discuss with the student the concerns and options available to resolve the concern. If the student should elect to proceed with the formal complaint the student must outline in writing the complaint, identifying dates and persons involved ((as accurately as possible)).

     (c) The vice-president shall also inform the student that the student may ask the vice-president for student services or another person the student chooses to act as an advocate in assisting the student in the completion of the complaint process.

     (d) The student's written complaint shall be forwarded to the employee concerned who shall provide a written response within ten instructional days.

     (e) If the written response does not resolve the complaint to the satisfaction of the student, the vice-president ((shall convene a conference of all the involved parties within ten instructional days to (i) attempt to resolve to the satisfaction of all parties the complaint and/or (ii) hear the issue(s) and take appropriate action(s) to resolve the complaint)) will review the written documentation and take appropriate action(s) to resolve the issue. Such action may include convening a meeting of all involved parties.

     (f) Action taken by the vice-president, if any, may be appealed to the president, and must be done in writing within ten ((instructional)) calendar days. The decision of the president is final.

     (((3) Discrimination grievances:

     Students who believe they have been discriminated against as defined in Title VII and Title IX of the Higher Education Act or Section 504 of the Handicapped Assistance Act may file a grievance through the human resources office.

     (4) Academic grievances:))

     Academic complaints

     Students with an academic ((grievance)) complaint should first contact the instructor and attempt to resolve the issue(s). If unable to resolve the issue(s), the student should contact the appropriate ((division chair)) dean or director. If still unable to resolve the issue(s), the student should contact the supervising vice-president ((for instruction)). The decision of the vice-president shall be final.

     Discrimination complaints

     Students who believe they have been discriminated against, including harassment and sexual harassment may pursue an institutional complaint under the procedures outlined in the South Puget Sound Community College Nondiscrimination Policy and Discrimination Complaint/Grievance Procedures and/or may pursue other remedies provided by law. Procedures for filing discrimination complaints, other than those related to disability discrimination or denial of accommodations, may be found at http://www.spscc.ctc.edu/about/pdf/discrimination-complaint-procedures.pdf.

     Procedures for filing disability discrimination complaints or denial of accommodations are addressed by the South Puget Sound Community College Procedures and Appeals Process for Accommodating Students with Disabilities and Disability Discrimination Complaints. Those procedures may be found at http://www.spscc.ctc.edu/campus-life/student-services/student-support/Disability Accommodation Procedures 2007.pdf.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-080, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-080, filed 10/18/88.]

     (1) Abusive conduct: Physical and/or verbal abuse of any person or conduct, including hazing and initiations 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.

     (2) Destroying or damaging property: Malicious damage to or malicious misuse of college property, or the property of any person where such property is located on the college campus.

     (3) Dishonesty: All forms of dishonesty including: Cheating; plagiarism; knowingly furnishing false information to the college; intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency, on college premises or at any college-sponsored activity; forgery; alteration or use of college documents or instruments of identification with intent to defraud.

     (4) Disorderly conduct: Materially and substantially interferes with the personal rights or privileges of others or the educational process of the college.

     (5) Drugs: Using, possessing, furnishing, or selling any narcotic or dangerous drug as those terms are used in Washington statutes, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical practitioner.

     (6) Inciting others: Intentionally inciting others to engage in any prohibited conduct as defined herein, which incitement directly leads to such conduct. Inciting is the advocacy which prepares the group or individual addressed for immediate action and compels that individual or group to engage in the prohibited conduct.

     (7) Insubordination: Failure to comply with lawful directions of college personnel acting in performance of their lawful duties.

     (8) Liquor: Possessing, consuming, or furnishing of alcoholic beverages on college-owned or controlled property or at college-sponsored or supervised functions where prohibited by law.

     (9) Theft: Theft or conversion of college property or private property.

     (10) Trespass/unauthorized presence: Entering or remaining unlawfully, as defined by state law, or using college premises, facilities, or property, without authority.

     (11) Sexual harassment: ((It is the policy of the college that employees and students must be allowed to work and learn in an environment free from sexual harassment. Sexual harassment is expressly prohibited and will not be tolerated.

     Sexual harassment is)) Unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of sexual favors, or other verbal or physical conduct of the sexual nature of employees toward students, supervisors toward supervisees, students toward students, or students toward employees. Sexual harassment complaints are covered by the college's Nondiscrimination Policy and Discrimination Complaint/Grievance Procedures at:

http://www.spscc.ctc.edu/about/pdf/discrimination-complaint-procedures.pdf.

     ((Complaints of sexual harassment should be made orally or in writing to the vice-president for human resources (cases involving staff) or the vice-president for student services (cases involving students). Complaints should be reported promptly (within thirty days) in order to help ensure effective investigation and resolution. Complaints will be promptly investigated in a full and fair manner. The vice-president for human resources, serving as the college's affirmative action officer, is ultimately responsible for ensuring resolution of any sexual harassment complaints.

     Anyone who is found to have violated this policy is subject to the normal and applicable disciplinary procedures of the college.))

     (12) Weapons: Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

     (13) Computers - misuse of technology: Use of college computers and/or computer programs for any purpose other than legitimate college business.

     (14) Other violations: Students may be accountable to both civil authorities and to the college for acts which constitute violations of federal, state, or local law as well as college rules and policy. The college may refer any such violation to civilian authorities for disposition.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-090, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-090, filed 10/18/88.]

     (2) Notice requirements. Any student charged with ((a)) an alleged violation shall receive written notice from the office of the vice-president for student services delivered to the student personally or by registered or certified mail to the student's last known address no later than two weeks after a reported violation. The notice shall not be ineffective if presented later due to student's absence. ((Such)) The notice to the accused student shall:

     (a) Inform the student ((that a report has been filed alleging that the student violated specific provisions of college policy and the date of the violation)) what provision(s) of the student code he/she is charged with allegedly violating; and

     (b) ((Set forth those provisions allegedly violated; and

     (c))) Specify the exact time and date the student is required to meet with the vice-president for student services; and

     (((d) Specify the exact time, date, and location of the formal hearing with the student judicial board, if one is required; and

     (e) Inform the student that he/she may question witnesses, that he/she may have anyone appear in his/her behalf to defend him/her, that he/she may have a maximum of three character witnesses appear in his/her behalf; and

     (f))) (c) Inform the student that failure to appear at ((either of)) the appointed time((s at)) to meet with the vice-president for student services((' office or at the hearing)) may subject the student to suspension from the institution for a stated or indefinite period of time.

     (3) Meeting with the vice-president for student services.

     (a) At the meeting with the vice-president for student services the student shall be informed of the provision of the code of student rights and responsibilities that are involved, and that the student may appeal any sanction imposed by the vice-president for student services ((and that if a hearing with the student judicial board is required the student may have that hearing open to the public)) as outlined in WAC 132X-60-110.

     (b) After considering the evidence in the case and, as appropriate, interviewing the student or students involved, the vice-president for student services may take any of the following actions:

     (i) Terminate the proceedings exonerating the student or students; or

     (ii) Impose disciplinary sanctions as provided for in WAC 132X-60-120; or

     (iii) Refer the matter to the student judicial board for appropriate action.

     (c) A student accused of violating any provision of college policy shall be given immediate notification of any disciplinary action taken by the vice-president for student services.

     (d) No disciplinary action taken by the vice-president for student services is final unless the student fails to exercise the right of appeal as provided for in these rules.

     (4) Student judicial board.

     (a) Composition. The college shall have a standing student judicial board composed of nine members, who shall be chosen and appointed to serve as a standing committee until their successors are appointed. The membership of the board shall consist of three members of the ((administration)) administrative/exempt staff, excepting the vice-president for student services, appointed by the president; three faculty members appointed by the faculty ((organization)) senate; and three students appointed by the associated students of South Puget Sound Community College ((senate)) president. Any student entitled to a hearing before the student judicial board shall choose, in writing, five members of the board to hear and decide the appeal or disciplinary case, provided, the student must choose at least one student, one faculty member and one ((member of the administration)) administrative/exempt staff from the nine member board. In the event that unforeseen circumstances prevent a previously selected board member from attending the hearing, the student must choose a replacement from among the balance of the standing committee.

     (b) Disciplinary hearing procedures.

     (i) The five members of the student judicial board will hear, ((de novo)) anew, all disciplinary cases appealed to the committee by the student or referred to it by the vice-president for student services.

     (ii) The five members of the student judicial board shall elect from among themselves a chairperson for the purpose of presiding at the disciplinary hearing. The chairperson shall only vote in case of a tie.

     (iii) At least seven calendar days in advance, the student shall be given written notice of the time, date, and location of the hearing; the specific charges against him/her; and shall be accorded reasonable access to the case file, which includes a list of witnesses who will appear or provide written testimony and a summary of the description of any document or other physical evidence that will be presented by the college at the hearing. The case file will be retained by the vice-president for student services.

     (iv) ((Hearings will be closed to the public except for the vice-president for student services and/or designee, immediate members of the student's family, and the student's representative. An open hearing may be held, in the discretion of the chairperson, if requested by the student. All parties, the witnesses, and the public shall be excluded during the student judicial board's deliberations.)) Student judicial board hearings shall be held in closed session. The complainant, accused student, and their representatives/advocates, if any, shall be allowed to attend the entire portion of the student judicial board hearing, excluding deliberation, at which information is presented. Admission of any other person to the student judicial board hearing shall be at the discretion of the student judicial board chairperson.

     (v) The chairperson shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the accused student, who disrupts a hearing or who fails to adhere to the rulings of the chairperson or committee advisor may be excluded from the proceedings and may be subject to disciplinary action as set forth in this policy.

     (vi) ((The student may question witnesses, bring an advocate to defend him/her, and have a maximum of three character witnesses appear on his/her behalf.)) The accused student has the right to be assisted by any person they choose, at their own expense. The chosen person is not permitted to speak or participate directly in any hearing before the judicial body. If the accused student chooses a licensed attorney in the state of Washington, s/he must notify the vice-president for student services at least seven calendar days prior to the hearing.

     (vii) ((The burden of proof shall be on the vice-president for student services who must establish the guilt of the student by a preponderance of the evidence.)) The complainant, vice-president for student services and/or the student judicial board may arrange for witnesses to present pertinent information to the student judicial board. Witnesses will provide information to and answer questions from the student judicial board.

     (viii) Formal rules of evidence and procedure shall not be applicable in disciplinary proceedings conducted pursuant to this code. ((The chairperson shall admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.)) Pertinent records, exhibits, and written statements may be accepted as information for consideration by the student judicial board at the discretion of the chairperson. All procedural questions are subject to the final decision of the chairperson of the student judicial board.

     (ix) The vice-president for student services may appoint a special presiding officer to the student judicial board in complex cases or in any case in which the respondent is represented by legal counsel. Special presiding officers may participate in committee deliberations but shall not vote.

     (x) ((In order that a complete record of the proceeding, including all evidence presented, can be made, hearings may be tape-recorded or transcribed. If a recording or a transcription is not made, the decision of the student judicial board must include a summary of the testimony and shall be sufficiently detailed to permit appellate review.

     (xi))) There shall be a single verbatim record, such as a tape recording, of all student judicial board hearings, excluding deliberations. The record shall be the property of the college.

     (c) Hearing conclusions. After considering the evidence in the case and interviewing the student or students involved, the student judicial board shall decide by majority vote whether to:

     (((A))) (i) Terminate the proceedings exonerating the student(s); or

     (((B))) (ii) Impose disciplinary sanctions as provided in WAC 132X-60-120.

     (((xii))) (iii) Final decisions of the student judicial board((, including findings of fact or reasons for the decision,)) shall be delivered to the student personally or by registered or certified mail to the student's last known address and a copy filed with the office of the vice-president for student services.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-100, filed 10/18/88.]

     (((a))) (1) Disciplinary action taken by or at the recommendation of the vice-president for student services or designated representative may be appealed to the student judicial board.

     (((b))) (2) Disciplinary decisions and action taken by the student judicial board may be appealed by the student to the president. The president shall review the record of the hearing, and may afford each party the opportunity to present written and/or oral argument. The president's decision shall be final.

     (((2) All appeals by a student must be made in writing to the vice-president for student services within ten calendar days after the student has been notified of the action from which he/she has a right of appeal to the student judicial board or the president.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-110, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-110, filed 10/18/88.]

     (1) Warning. Notice to a student, either verbally or in writing, that the student has been in violation of college rules or regulations or has otherwise failed to meet the college's standards of conduct. Such warnings will include the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary ((actions)) sanctions described below.

     (2) Reprimand. Formal action censuring a student for violation of the college rules or regulations or has otherwise failed to meet the college's standards of conduct. Reprimands shall be made in writing to the student ((as appropriate by the vice-president for student services or the student judicial board)) with copies filed in the office of the ((dean of students)) vice-president for student services. A reprimand will include the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.

     (3) Fines. ((The vice-president for student services and/or the student judicial board may)) Assess monetary fines up to a maximum of one hundred dollars per violation against individual students for violation of college rules and regulations or for the failure to meet the college's standards of conduct. Failure to pay such fines within thirty days will result in suspension for an indefinite period of time as set forth in subsection (6) of this section, provided that a student may be reinstated upon payment of the fine.

     (4) Restitution. An individual student may be required to make restitution for damage or loss to college or other property and for injury to persons. Failure to make restitution within thirty days will result in suspension for an indefinite period of time as set forth in subsection (6) of this section, provided that a student may be reinstated upon payment.

     (5) Disciplinary probation. Formal action placing conditions upon the student's continued attendance for violations of college rules or regulations or other failure to meet the college standards of conduct. Written notice of disciplinary probation will specify the period of probation and any condition, such as limiting the student's participation in extracurricular activities or access to specific areas of the college's facilities. Copies of the notice shall be kept on file in the office of the vice-president for student services ((and in the student's official educational records)). 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.

     (6) Suspension/dismissal. Temporary, indefinite, or permanent dismissal from the college of a student for violation of college rules and regulations. The notification suspending a student will indicate, in writing, the term of the suspension and any special conditions which must be met before readmission. Copies of the notification shall be kept on file in the office of the vice-president for student services and in the student's official education record.

     ((Refund of fees for the quarter in which disciplinary action is taken shall be in accord with the college's refund policy.))

     Students who are suspended from the college may be denied access to all or any part of the campus or other facility during the duration of the period of suspension.

     Refund of fees for the quarter in which disciplinary action is taken shall be in accordance with the college's refund policy.

     (7) Withholding transcripts and/or degree. The college may withhold issuing transcripts or awarding a degree otherwise earned until completion of the procedures set forth in this Code of Student Rights and Responsibilities, including the completion of all sanctions imposed.

     (8) More than one of the sanctions listed above may be imposed for any single violation.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-120, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-120, filed 10/18/88.]

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-130, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-130, filed 10/18/88.]

     (2) Permission to enter or remain on campus. During the period of summary suspension, the suspended student shall not enter the campus of the college or any facility under the operation of the college other than to meet with the vice-president for student services or to attend the disciplinary hearing. However, the vice-president for student services may grant the student special permission to enter a campus for the express purpose of meeting with faculty, staff, or students in preparation for the disciplinary hearing.

     (3) Notice of summary suspension proceedings.

     (a) If the vice-president for student services or designee finds it necessary to exercise the authority to summarily suspend a student, he/she shall give the student notice, orally or in writing, stating: The time, date, place, and nature of the alleged ((misconduct)) code violation; the evidence in support of the charge(s); the corrective action or punishment which may be imposed against the student; that anything the student says to the vice-president may be used against the student; and that the student may either accept the disciplinary action or, within forty-eight hours or two work days following receipt of this notification, file at the office of the vice-president for student services, a written request for a hearing by the student judicial board. If the request is not filed within the prescribed time, it will be deemed as waived.

     (b) Appeal and disciplinary hearing. If oral notice is given, it shall be followed by written notice within forty-eight hours or two working days. The hearing shall be accomplished according to the procedures set forth in WAC 132X-60-100. Failure by the student to appear at the hearing with the student judicial board shall result in the vice-president for student services or designee suspending the student from the college.

     (((c))) (4) Classroom summary suspension.

     (a) Nothing herein shall prevent faculty members from taking reasonable summary action as may be reasonably necessary to maintain order when they have reason to believe that such action is necessary for the physical safety and well-being of the student, or the safety and protection of other students or of college property or where the student's conduct materially and substantially disrupts the educational process.

     (b) Such summary action in the form of removal from the classroom shall be effective for a period not to exceed ((two)) three scheduled classroom days. Any summary action may be appealed by the student to the vice-president for student services ((for an informal hearing)).

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-140, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-140, filed 10/18/88.]

     (1) Inform those involved in such activities that they are in violation of college and/or civil regulations.

     (2) Inform them that they should cease and desist. Indicate an area on campus where they are able to conduct their activities without interfering with the operation of the college, if such an area is available.

     (3) If they do not respond within a reasonable time, call ((the civil authorities)) campus security.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-150, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-150, filed 10/18/88.]

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-160, filed 2/8/00, effective 3/10/00; 90-13-064, § 132X-60-160, filed 6/18/90, effective 7/19/90.]

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-170, filed 2/8/00, effective 3/10/00; 90-13-064, § 132X-60-170, filed 6/18/90, effective 7/19/90.]

     (2) Before taking action, the presiding officer shall promptly conduct the hearing and permit the affected parties to explain both the college's view of the matter and the student's view of the matter. ((The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482 through 34.05.494. A written decision shall be issued within ten calendar days of the conclusion of the brief adjudicative hearing.))

     (3) At the time any unfavorable action is taken the presiding officer shall serve upon each student a brief statement of the reasons for the decision. Within ten days, the presiding officer shall give the student a brief written statement of the reasons for the decision and information about any internal administrative review available.

     (4) The brief written statement is an initial order. If no administrative review is taken of the initial order, the initial order shall be the final order.

     (5) Administrative review. Unless prohibited by any provision of law, the college may conduct administrative review of an order resulting from brief adjudicative proceedings. The reviewing officer may be any person who could have presided at the brief proceeding, but the reviewing officer must be one who is authorized to grant appropriate relief upon review.

     The college shall conduct this review upon the written or oral request of a party if the college receives the request within twenty-one days after service of the written statement. A request for administrative review is deemed to have been denied if the college does not make a disposition of the matter within twenty days after the request is submitted.

     The college may review an order without notice to the student, but it may not take any action on review less favorable to the student than the original order without giving that student notice and an opportunity to explain that student's view of the matter.

     The reviewing officer shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal adjudicative hearing. The college shall maintain all documents, considered or prepared for the brief adjudicative proceeding or administrative review, as its official record.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-180, filed 2/8/00, effective 3/10/00; 90-13-064, § 132X-60-180, filed 6/18/90, effective 7/19/90.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132X-60-075	Commercial and promotional activities.
WAC 132X-60-178	Noncollege speaker policy.

© Washington State Code Reviser's Office