WSR 14-08-018
[Filed March 21, 2014, 3:03 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-03-123.
Title of Rule and Other Identifying Information: Chapter 132U-300 WAC, Complaints—Discrimination, WAC 132U-300-010 Statement of policy: Complaints—Discrimination and/or harassment/intimidation complaint and 132U-300-020 Procedure—Discrimination and/or harassment/intimidation.
Hearing Location(s): Whatcom Community College, Laidlaw Center, Boardroom, 237 West Kellogg Road, Bellingham, WA 98226, on Friday, May 9, 2014, at 1:00 p.m.
Date of Intended Adoption: Friday, May 9, 2014.
Submit Written Comments to: Sheila Pennell, 237 West Kellogg Road, Bellingham, WA 98226, e-mail, fax (360) 383-3071, by May 5, 2014.
Assistance for Persons with Disabilities: Contact Kerri Holferty, disability services, by May 5, 2014, TTY (360) 225-7182 or (360) 383-3043.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The senior AAG for higher education prepared model policies and procedures for WA CTCs based upon new federal regulations and best practices for discrimination and harassment.
Reasons Supporting Proposal: New Title IX and Violence Against Women Act regulations require all colleges and universities to expand the rights for victims of sexual harassment and assault.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
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: Statuatory [Statutory] language and enforcement has been recommended by the office of the attorney general.
Name of Proponent: Whatcom Community College, governmental.
Name of Agency Personnel Responsible for Drafting: Sheila Pennell, LDC 205, (360) 383-3077; Implementation: Patricia Onion, LDC 205, (360) 383-3070; and Enforcement: Becky Rawlings, LDC 235, (360) 383-3404.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No fiscal impact anticipated.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable - no costs involved.
March 21, 2014
Patricia Onion
Vice-President for
Educational Services
Chapter  132U-300  WAC
WAC 132U-300-030 Statement of policy.
The college provides equal opportunity in education and employment and does not discriminate on the basis of race, color, national origin, age, disability, sex, sexual orientation, marital status, creed, religion, or status as a veteran of war as required by Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, RCW 49.60.030, and their implementing regulations. Prohibited gender-based discrimination includes sexual harassment.
(1) Harassment is defined as a form of discrimination consisting of physical or verbal conduct that:
(a) Denigrates or shows hostility toward an individual because of the their race, creed, color, religion, national or ethnic origin, parental status or families with children, marital status, sex (gender), sexual orientation, gender identity or expression, age, genetic information, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or any other prohibited basis; and
(b) Is sufficiently severe or pervasive so as to substantially interfere with the individual's employment, education or access to college programs, activities, and opportunities.
(2) Sexual harassment is defined, for the purposes of this policy as follows: Unwelcome sexual advances, requests, and other unwelcome conduct of a sexual nature where:
(a) Submission to such conduct is made, either expressly or implicitly, a term or condition of an individual's employment or education; or
(b) Submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting any individual; or
(c) Such unwelcome conduct is sufficiently severe, persistent or pervasive to have the effect of substantially interfering with any individual's academic or professional performance.
The following sections of the Washington Administrative Code are repealed:
WAC 132U-300-010
Statement of policy: Complaints—Discrimination and/or harassment/intimidation.
WAC 132U-300-020
Complaint procedure—[Discrimination and/or harassment/intimidation].
Reviser's note: The brackets and enclosed material in the text of 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.