WSR 14-11-029
[Filed May 13, 2014, 2:40 p.m., effective June 13, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The senior assistant attorney general for higher education prepared model policies and procedures for Washington community [and] technical colleges based upon new federal regulations and best practices for discrimination and harassment.
Citation of Existing Rules Affected by this Order: Repealing WAC 132U-300-010 and 132U-300-020; and amending [new section] WAC 132U-300-030.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Adopted under notice filed as WSR 14-08-018 on March 21, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 9, 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.