WSR 15-09-001 EXPEDITED RULES GREEN RIVER COLLEGE [Filed April 1, 2015, 1:38 p.m.]
Title of Rule and Other Identifying Information: WAC 132J-108-040 Application for adjudicative proceeding, 132J-116-010 Purpose for adopting rules, 132J-116-021 Definitions, 132J-126-010 Purpose, 132J-126-030 Definitions, 132J-126-070, Denial of access to Green River Community College, 132J-126-080 Rights of ownership of works, 132J-128-200 Board policy on tenure and dismissals, 132J-141-010 Prohibited activities, 132J-150-010 Use of college facilities, 132J-150-060 Prohibited conduct at college facilities, 132J-155-010 Statement of purpose, 132J-155-020 Definitions, 132J-155-040 Additional requirements for noncollege groups, 132J-160-010 Purpose, 132J-160-020 Definitions, 132J-164-010 Purpose of the Buckley Family Educational Rights and Privacy Act policy for Green River Community College, 132J-164-020 Definitions, 132J-276-010 Purpose, 132J-276-020 Definitions, 132J-276-030 Description of central and field organization of Community College District No. 10, 132J-276-040 Operations and procedures, 132J-276-100 Exemptions, 132J-276-110 Review of denials of public records requests, 132J-276-120 Protection of public records, 132J-276-900 Appendix "A"—Request for public record to Community College District No. 10, 132J-300-010 Grievance procedure—Sex discrimination, and 132J-325-010 State Environmental Policy Act (SEPA).
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Allison Friedly, Executive Director of College Relations, Green River College, 12401 S.E. 320th Street, Auburn, WA 98092-3622, AND RECEIVED BY June 22, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On December 18, 2014, the board of trustees for the tenth college district approved changing the name of the college from "Green River Community College" to "Green River College." These proposed rule changes implement the name change throughout Title 132J WAC. The word "community" is removed from all references to Green River Community College and Community College District Ten. The proposed change in WAC 132J-276-100 changes the words "delete" and "deletion" to "redact" and "redaction" to clarify that information in the responsive records is being redacted and not deleted when responding to public record requests. In WAC 132J-276-040 and 132J-276-120 the words "Holman library" are being deleted, and the words "administration building" are being added to clarify that the administration building, rather than the library, is the location for submitting requests for public records and conducting regular meetings of the board of trustees. The proposed change to WAC 132J-276-110 removes reference to the gender of the president without changing the effect of the rule. Expedited rule making is allowed under RCW 34.05.353 (1)(c) to make name changes, address changes, and clarify language in rules.
Reasons Supporting Proposal: Green River College's rules need to be amended to reflect the college's new name, to clarify that records are redacted and not deleted, to remove a gender-specific reference to the president, and to clarify the location for filing public record requests and for holding regular board meetings.
Statutory Authority for Adoption: RCW 28B.50.140(13).
Statute Being Implemented: None. Proposed rules make name change and clarifications without changing effect of rules.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Green River College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Allison Friedly, 12401 S.E. 320th Street, Auburn, WA 98092, (253) 288-3360.
April 1, 2015
Allison Friedly
Executive Director
of College Relations
AMENDATORY SECTION (Amending WSR 90-22-067, filed 11/5/90, effective 12/6/90)
WAC 132J-108-040 Application for adjudicative proceeding.
An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:
Office of the President
Green River ((Community)) College
12401 S.E. 320th Street
Auburn, WA 98002
Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.
AMENDATORY SECTION (Amending WSR 94-04-052, filed 1/31/94, effective 3/3/94)
WAC 132J-116-010 Purpose for adopting rules.
Pursuant to RCW 28B.50.140(10), the board of trustees of Green River ((Community)) College, District 10, is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the college district. The rules and regulations contained in this chapter are adopted under that authority for the following purposes:
(1) To protect and control pedestrian and vehicular traffic;
(2) To assure access at all times for emergency traffic;
(3) To minimize traffic disturbance during class hours; and
(4) To facilitate the operation of the ((community)) college by assuring access for vehicles and regulating the use of parking spaces.
AMENDATORY SECTION (Amending WSR 94-04-052, filed 1/31/94, effective 3/3/94)
WAC 132J-116-021 Definitions.
As used in this chapter:
(1) "Board" shall mean the board of trustees of Green River ((Community)) College, District 10, state of Washington.
(2) "Campus" shall mean any and all public lands owned, operated, or maintained by Green River ((Community)) College, District 10, state of Washington.
(3) "Campus security officer" shall mean an independent contractor or employee of the college who is designated by the vice-president for business affairs as being responsible for campus traffic control, parking, and security.
(4) "College" shall mean Green River ((Community)) College, District 10, state of Washington.
(5) "Faculty member" or "academic employee" shall mean any employee of Green River ((Community)) College, District 10, state of Washington whose employment is as a teacher, counselor, librarian or academic department head, except an administrator.
(6) "Parking permit" shall mean a writing issued under the authority of the vice president for business affairs which grants a license to its authorized holder to park a designated vehicle on the campus for a time period and under conditions stated thereon.
(7) "Permanent" parking permits shall mean permits which are valid, as specified thereon, for a school term or a portion thereof exceeding one month.
(8) "School term" shall mean, unless otherwise designated, the time period commencing with the summer quarter of a ((community)) college calendar year and extending through the immediately subsequent fall, winter, and spring quarters.
(9) "Staff member" shall mean a contracted or classified employee of Green River ((Community)) College, District 10, state of Washington.
(10) "Student" shall mean any person who is enrolled in Green River ((Community)) College.
(11) "Temporary" parking permits shall mean permits which are valid for a specific period designated on the permit up to a maximum of one month.
(12) "Vehicle" shall mean an automobile, truck, motor cycle, motor scooter, or other motor-driven vehicle.
(13) "Vice-president for business affairs" shall mean the college employee designated with that job title or with the responsibilities of that title by the president, and any person designated by the vice-president to act for her/him on any matter(s) arising under this chapter.
(14) "Visitor" shall mean any person other than a student, faculty member, staff member, or officer of the college, who lawfully comes upon the campus for purposes which are in keeping with the college's role as an institution of higher education in the state of Washington.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-126-010 Purpose.
(1) Green River ((Community)) College, an agency of the state of Washington, provides a variety of educational opportunities for students; namely the opportunities to examine the academic, vocational, technical, cultural, social, and recreational aspects of society. Green River ((Community)) College as an institution of society must maintain conditions conducive to the effective performance of its functions. Consequently, Green River ((Community)) College has special expectations regarding the conduct of students. Student conduct that detracts from, or interferes with, the accomplishment of college purposes is not acceptable.
(2) The student is a member of the community at large, and as such has the rights and responsibilities of any citizen. In addition, admission to Green River ((Community)) College carries with it the presumption that students will conduct themselves as responsible members of the college community. This includes an expectation that students will obey the law, will comply with rules and regulations of the college, will maintain a high standard of integrity and honesty, and will respect the rights, privileges, and property of other members of the college community.
(3) The following rules regarding the conduct of students are adopted in order to provide students a full understanding of the rules that will enable the college to maintain conditions conducive to the effective performance of the college's functions. Sanctions for violations of the rules of student conduct will be administered by the college in the manner provided by said rules. When violation(s) of laws of the state of Washington and/or the United States are also involved, the college may refer such matters to the appropriate authorities. In cases of minors, this conduct may also be referred to parents or legal guardians.
(4) The office of judicial programs, under the leadership of the vice-president of student affairs, maintains and administers the student code of conduct for Green River ((Community)) College. The office of judicial programs and Green River ((Community)) College strive to engage our students to become civic minded citizens who positively contribute to society and achieve their educational goals. The office of judicial programs seeks to educate students as to their rights, responsibilities, and expectations as members of Green River ((Community)) College while providing a fair and educational process through which alleged violations of the code of conduct are adjudicated.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-126-030 Definitions.
The following definitions shall apply for the purpose of this student conduct code:
"Assembly" is 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 disseminate information to any person, persons, or groups of persons.
"Business day" means a weekday, excluding weekends and college holidays.
"Cheating" is defined as intentional deception in producing or creating academic work. Cheating includes, but is not limited to:
(a) Intentional plagiarism;
(b) Selling or giving your own completed work to others who intend to turn it in as their own;
(c) Purchasing or accepting the work of others with the intent of turning it in as your own;
(d) Acquiring and/or using teachers' editions of textbooks, without the permission of the specific instructor, in order to complete your course assignments;
(e) Obtaining or attempting to obtain an examination prior to its administration;
(f) Referring to devices, materials or sources not authorized by the instructor;
(g) Receiving assistance from another person when not authorized by the instructor;
(h) Providing assistance to another person when not authorized by the instructor;
(i) Taking an examination for another person;
(j) Obtaining or attempting to obtain another person to take one's own examination;
(k) Falsifying laboratory results or copying another person's laboratory results; and
(l) Falsifying or attempting to falsify the record of one's grades or evaluation.
"College" means Green River ((Community)) College.
"College facilities" includes all buildings, structures, grounds, office space, and parking lots.
"College groups" shall mean individuals or groups who are currently enrolled students or current employees of the college, or guests of the college who are sponsored by a recognized student organization, employee organization, or the administration of the college.
"College official" includes any person employed by the college, performing assigned administrative or professional responsibilities.
"College premises" shall include all campuses of the college, wherever located, and includes all land, buildings, facilities, vehicles, equipment, and other property owned, used, or controlled by the college.
"Complainant" means any person who submits a charge alleging that a student violated the student code. When a student believes that she/he has been a victim of another student's misconduct, the student who believes she/he has been a victim will have the same rights under this student code as are provided to the complainant, even if another member of the college community submitted the charge himself or herself.
"Conduct review officer" is the vice-president of student affairs or other college administrator designated by the president to be responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code. The president is authorized to reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
"Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.
"Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of ten instructional days or a dismissal are heard by the student conduct appeals board. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.
"Expressive activity" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of assemblies to share information, perspectives or viewpoints.
"Fabrication" is defined as intentional misrepresentation of an activity done by a student for an academic project or practicum. Fabrication includes, but is not limited to:
(a) Counterfeiting data, research results, information, or procedures with inadequate foundation in fact;
(b) Counterfeiting a record of internship or practicum experiences;
(c) Submitting a false excuse for absence or tardiness; and
(d) Unauthorized multiple submission of the same work; sabotage of others' work.
"Faculty member" means any person hired by the college to conduct classroom, counseling, or teaching activities or who is otherwise considered by the college to be a member of its faculty.
"Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Unless otherwise provided, filing shall be accomplished by:
(a) Hand delivery of the document to the specified college official or college official's assistant; or
(b) By sending the document by e-mail and first class mail to the specified college official's office and college e-mail address.
Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official.
"May" is used in the permissive sense.
"Member of the college community" includes any person who is a student, faculty member, college official or any other person employed by the college. A person's status in a particular situation shall be determined by the vice-president of student affairs or designee.
"Noncollege groups" shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college and who are not officially affiliated or associated with, or invited guests of a recognized student organization, recognized employee group, or the administration of the college.
"Organization" means number of persons who have complied with the formal requirements for college recognition/registration.
"Plagiarism" is defined as using others' original ideas in your written or spoken work without giving proper credit.
(a) Ideas include, but are not limited to:
(i) Facts;
(ii) Opinions;
(iii) Images;
(iv) Statistics;
(v) Equations;
(vi) Hypotheses;
(vii) Theories.
(b) Plagiarism can occur in two ways: Intentional and unintentional.
(c) Ways that intentional plagiarism occur include, but are not limited to:
(i) Turning in someone else's work as your own;
(ii) Copying words or ideas from someone else without giving credit;
(iii) Failing to put a quotation in quotation marks;
(iv) Giving incorrect information about the source of a quotation;
(v) Changing words but copying the sentence structure of a source without giving credit;
(vi) Copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not.
(d) Unintentional plagiarism may occur when a student has tried in good faith to document their academic work but fails to do so accurately and/or thoroughly. Unintentional plagiarism may also occur when a student has not had course work covering plagiarism and documentation and is therefore unprepared for college academic writing or speaking.
"Policy" means the written regulations of the college as found in, but not limited to, the student code, the college web page and computer use policy, and catalogs.
"Respondent" is the student against whom disciplinary action is initiated.
"Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:
(a) Hand delivery of the document to the party; or
(b) By sending the document by e-mail and by certified mail or first class mail to the party's last known address.
Service is deemed complete upon hand delivery of the document or upon the date the document is e-mailed and deposited in the mail.
"Shall" is used in the imperative sense.
"Student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered students.
"Student conduct officer" is a college administrator designated by the president or vice-president of student affairs to be responsible for implementing and enforcing the student conduct code. The president or vice-president of student affairs is authorized to reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
"The president" is the president of the college. The president is authorized to delegate any and all of his or her responsibilities as set forth in this chapter as may be reasonably necessary.
"Vice-president of student affairs" means the college administrator who reports to the college president, who serves as the college's student judicial affairs administrator, and who is responsible for administering the student rights and responsibilities code. The vice-president of student affairs may designate a student conduct officer to fulfill this responsibility.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-126-070 Denial of access to Green River ((Community)) College.
(1) The vice-president of student affairs may deny admission to a prospective student, or continued attendance to an enrolled student, if it reasonably appears that the student would not be competent to profit from the curriculum offerings of the college, or would, by the student's presence or conduct, create a disruptive atmosphere within the college or a substantial risk of actual harm to self or other members of the campus community.
(2) Denial of access decisions may be appealed, as or like disciplinary actions, to the student conduct committee.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-126-080 Rights of ownership of works.
It shall be the policy of Green River ((Community)) College that employees of the college shall not use students' published or unpublished works for personal gain without written consent of the student.
AMENDATORY SECTION (Amending WSR 94-04-053, filed 1/31/94, effective 3/3/94)
WAC 132J-128-200 Board policy on tenure and dismissals.
(1) In accordance with RCW 28B.50.852, the board of trustees of College District No. 10, the appointing authority of Green River ((Community)) College, adopts this rules chapter to implement RCW ((28B.50.850-.869)) 28B.50.850 - 28B.50.869.
(2) The board of trustees recognizes the importance of faculty tenure and appropriate tenure review and dismissal review processes in a higher education institution. The board further recognizes its own ultimate statutory responsibilities in these regards. Accordingly, the board reserves all of its statutory powers and rights regarding the awarding of faculty tenure and the dismissal of faculty, except as expressly provided otherwise in this chapter.
(3) The board also recognizes the important role of the faculty and the faculty's bargaining representative in helping to determine the college's procedures for awarding tenure and dismissing faculty((—)) and helping to implement those procedures. Accordingly, the board will continue to negotiate with that bargaining representative to include major aspects of the tenure and dismissal review processes in the faculty collective bargaining agreements.
(4) These rules are intended to avoid unnecessary duplication of the controlling statutes and/or currently effective provisions of a faculty collective bargaining agreement, while providing for situations not covered thereby.
AMENDATORY SECTION (Amending Order 75-3, filed 12/16/75)
WAC 132J-141-010 Prohibited activities.
It shall be prohibited on or in property either owned, controlled or operated by Green River ((Community)) College, District No. 10, for anyone to use or have on his/her person firearms or solid explosives, except duly commissioned law enforcement officers and other individuals who receive written prior approval from the president of the college or his designee. Sanctions for violations of this rule may include, but are not limited to, suspension, dismissal and/or expulsion or removal from campus.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-150-010 Use of college facilities.
Because Green River ((Community)) College is an educational institution provided and maintained by the people of the state, its campus, buildings, properties, and facilities shall be reserved at all times for those activities which either are related directly to its educational mission or are justifiable on the basis of their contributions to the cultural, social, or economic development of the state.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-150-060 Prohibited conduct at college facilities.
(1) State law relative to public institutions governs the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful narcotics or drugs, not medically prescribed, on college property or at college functions, is prohibited. Students obviously under the influence of intoxicants, unlawful drugs or narcotics while in college facilities shall be subject to disciplinary action.
(2) A lottery or any other form of gambling is prohibited at Green River ((Community)) College.
(3) The use of tobacco, electronic cigarettes, and related products is not allowed on college premises.
(4) Destruction of property is also prohibited by state law in reference to public institutions.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-155-010 Statement of purpose.
Green River ((Community)) College is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals the right to substantially interfere with, or otherwise disrupt the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, the college is designated a public forum opened for the purposes recited herein and further subject to the time, place, and manner provisions set forth in these rules.
The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the college's responsibility to fulfill their mission as state educational institutions of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college intends to open its campus to noncollege groups to the extent that the usage does not conflict with the rights of college groups or substantially disrupt the educational process.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-155-020 Definitions.
"College facilities" or "campus" includes all buildings, structures, grounds, office space, and parking lots.
"College group" means individuals who are currently enrolled students or current employees of Green River ((Community)) College or individuals who are sponsored by faculty, a recognized student organization or a recognized employee group of the college.
"Noncollege group" means individuals or groups who are not currently enrolled students or current employees of Green River ((Community)) College.
"Public forum areas" means those areas of campus that the college has chosen to be open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner provisions.
"Sponsor" means that when a college group invites a noncollege group onto campus, the college group will be responsible for the activity and will designate an individual to be present at all times during the activity. The sponsor will ensure that those participating in the sponsored activity are aware of the college's rules and policies governing the activity. This definition does not apply to noncollege groups that rent college facilities.
AMENDATORY SECTION (Amending WSR 14-24-129, filed 12/3/14, effective 1/3/15)
WAC 132J-155-040 Additional requirements for noncollege groups.
(1) College facilities may be rented by noncollege groups in accordance with the college's facilities use policy. Noncollege groups may otherwise use college facilities in accordance with Green River ((Community)) College's rules.
(2) The college designates its grounds and outdoor spaces as the public forum area(s) for use by noncollege groups for first amendment activities on campus. Nothing in these rules prohibits noncollege groups from engaging in first amendment activities at open public meetings, subject to the requirements of RCW 42.30.050.
(3) Noncollege groups may use the public forum areas for first amendment activities between the hours of 6:00 a.m. and 10:00 p.m. on days that the college is open to the general public.
(4) Before engaging in first amendment activities, all noncollege groups are encouraged to sign in and notify the college of the noncollege group's presence on campus and to acknowledge receipt of these rules and to ensure that there are no scheduling conflicts. This notice does not involve any application or approval process, and therefore, the ability to use designated areas will not be denied unless they are already reserved for use by another group. This notice is intended to provide the college with knowledge of the noncollege group's presence on campus so that the college can notify the appropriate members of its staff whose services might be needed or impacted by the use of the designated area. When signing in, the individual or group are encouraged to provide the following information:
(a) The name, address, and telephone number of the individual, group, entity, or organization sponsoring the activity (hereinafter "the sponsoring organization");
(b) The name, address, and telephone number of a contact person for the sponsoring organization;
(c) The date, time, and requested location of the activity;
(d) The type of sound amplification devices to be used in connection with the activity, if any; and
(e) The estimated number of people expected to participate in the activity.
AMENDATORY SECTION (Amending WSR 84-11-021, filed 5/11/84)
WAC 132J-160-010 Purpose.
The board of trustees of ((Community)) College District No. 10 proposes the adoption of policies for administering the refund of tuition and special course/program connected fees when a student withdraws from college or reduces class load.
AMENDATORY SECTION (Amending WSR 84-11-021, filed 5/11/84)
WAC 132J-160-020 Definitions.
(1) "Withdraw" - When a student formally leaves college by completing the forms and procedures established by the college.
(2) "Misconduct" - When a student has violated a college rule or policy which results in dismissal from college.
(3) "Tuition" - Fees collected by ((Community)) College District No. 10 which include the general tuition fees, operating fees and the services and activities fees.
(4) "Special course/program connected fees" - Fees other than tuition required for enrollment (i.e., equipment fees, laboratory material fees, etc.).
AMENDATORY SECTION (Amending Order 77-3, filed 8/30/77)
WAC 132J-164-010 Purpose of the Buckley Family Educational Rights and Privacy Act policy for Green River ((Community)) College.
(1) The Family Educational Rights and Privacy Act of 1974 requires that colleges adopt policies and guidelines concerning the rights of students to inspect their educational records and the releasing of such records to third parties. The act also provides that such students shall have the right of hearings to correct or delete inaccurate, misleading or inappropriate data. The act also provides that students shall be informed of the categories of records maintained by the college which are related and identifiable to the student.
(2) Green River ((Community)) College is committed to conform to the minimum requirements of Section 438, Public Law 90-247 Title IV, as amended, 88 Stat 571-574 (20 U.S.C. 1232g) otherwise known as the Buckley Amendment Family Educational Rights and Privacy Act.
(3) Green River ((Community)) College is also committed to conform to the minimum requirements of the statement of the rights and responsibilities of the student body of Green River ((Community)) College (chapter 132J-120 WAC(( — )) - See Appendix).
(4) In compliance with the above-stated guidelines this policy is designed to insure continued confidentiality of student records and to govern the release of personally identifiable information therein.
AMENDATORY SECTION (Amending Order 77-3, filed 8/30/77)
WAC 132J-164-020 Definitions.
(1) "Administrative unit" shall mean any one of a number of offices under the direction of a particular administrator, and set up to maintain a variety of records and processes for the college.
(2) "Administrator" shall mean those employees whose job duties are administrative by job description and who exercise supervisory or other managerial responsibilities over other employees.
(3) "Classified person" shall mean any employee who is contracted for a job that is listed and classified with the higher education personnel board of the state of Washington.
(4) "College" shall mean Green River ((Community)) College, District 10, state of Washington and the personnel thereof, and any other ((community)) college centers or facilities established within District 10, state of Washington.
(5) "Confidentiality" shall mean the state of being held in secrecy or privacy, so as not to be available to third parties.
(6) "Coordinator of admissions" is the college employee who is charged with the responsibility for maintaining applications, transcripts from other institutions, closed program records, and other records required or developed in the admissions process.
(7) "Credentials" shall mean those records and recommendations kept on file by the placement office for job or college placement purposes.
(8) "Dean for students" shall mean the dean for students of Green River ((Community)) College, District 10, state of Washington.
(9) "Directory information" includes the following information relating to a student: The student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, and other similar information.
(10) "Educational records" are official transcripts, documents, references, or other such information which is in writing and is preserved as evidence.
(11) "Faculty" shall mean any employee of Green River ((Community)) College, District 10, state of Washington who has employment 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.
(12) "Financial aids officer" is the college employee who is charged with the responsibility for maintaining applications for financial aids, student financial records, records of financial aids awards, work-study, and other information as may pertain to the operations of the financial aid office.
(13) "Identifiable information" shall mean any record or information of such a nature as to aid in or cause the identification of the person to whom it relates.
(14) "Placement officer" is the college employee who is charged with the responsibility for maintaining credentials, recommendations, and other information as may relate to the placement office.
(15) "President" is the chief executive of the college appointed by the board of trustees.
(16) "Registrar" is the college administrative employee who is charged with the responsibility for maintaining transcripts, grades, and grade rosters.
(17) "Student" is any person enrolled at the college.
(18) "Student body of Green River ((Community)) College" includes all persons who are enrolled in classes at the college.
(19) "Student body president" shall mean the person elected to the position so-titled by a vote of the student body of Green River ((Community)) College.
(20) "Third parties" shall mean any and all persons and/or organizations other than the college or the student.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-010 Purpose.
The purpose of this chapter shall be to ensure compliance by ((the Community)) College District No. 10 with the provisions of chapter 1, Laws of 1973 (Initiative 276), Disclosure—Campaign finances—Lobbying—Records; and in particular with sections 25-32 of that act, dealing with public records.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-020 Definitions.
(1) Public records. "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.
(2) Writing. "Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents."
(3) ((Community)) College District No. 10. ((The Community)) College District No. 10 is an agency organized by statute pursuant to RCW 28B.50.040. ((The Community)) College District No. 10 shall hereinafter be referred to as the "district." Where appropriate, the term district also refers to the staff and board of trustees employees of the district.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-030 Description of central and field organization of ((Community)) College District No. 10.
District No. 10 is a ((community)) college district organized under RCW 28B.50.040. The administrative office of the district and its staff are located at Green River ((Community)) College, 12401 S.E. 320th Street, Auburn, Washington 98002.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-040 Operations and procedures.
The district is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. The college district is operated under the supervision and control of a board of trustees. The board of trustees is made up of five members each appointed by the governor to a term of five years. The trustees meet the third Thursday of each month at 4:00 p.m. in the ((Holman library)) administration building board room of Green River ((Community)) College, unless public notice is given of a special meeting. At such time the trustees exercise the powers and duties granted it under RCW 28B.50.140.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-100 Exemptions.
(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132J-276-080 is exempt under the provisions of section 31, chapter 1, Laws of 1973.
(2) In addition, pursuant to section 26, chapter 1, Laws of 1973, the district reserves the right to ((delete)) redact 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 will fully justify such ((deletion)) redaction 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 records withheld.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-110 Review of denials of public records requests.
(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.
(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other administrative staff member denying the request shall refer to the president of the college. The president or ((his)) designee shall immediately consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial. In any case, the request shall be returned with a final decision, within two business days following the original denial.
(3) Administrative remedies shall not be considered exhausted until the district has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-120 Protection of public records.
Requests for public records shall be made in the administration building (((Holman library))) of Green River ((Community)) College. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated for their inspection. Copies shall be made at Green River ((Community)) College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132J-276-090.
AMENDATORY SECTION (Amending Order 73-2, filed 5/14/73)
WAC 132J-276-900 Appendix "A"—Request for public record to ((Community)) College District No. 10.
APPENDIX "A"
REQUEST FOR PUBLIC RECORD TO
((COMMUNITY)) COLLEGE DISTRICT NO. 10
AMENDATORY SECTION (Amending Order 76-5, filed 6/25/76)
WAC 132J-300-010 Grievance procedure—Sex discrimination.
Title IX. Statement of policy (as required by Section 86.8(a) of Title IX). Green River ((Community)) College is covered by Title IX prohibiting sex discrimination in education. It is the policy of Green River ((Community)) College to ((insure)) ensure equal opportunity without regard to sex in all areas of admission, education, application for employment, and employment.
(1) Grievance procedure (as required by Section 86.8(b) of Title IX). Any applicant for admission, enrolled student, applicant for employment or employee of Green River ((Community)) College who believes he/she has been discriminated against on the basis of sex may lodge a formal institutional grievance by:
(a) Step 1. Informal meeting. Requesting an informal meeting with the individual believed to have committed the discriminatory act and attempt to informally resolve the concern.
(b) Step 2. Title IX official hearing. If not satisfied by the results of the informal meeting, the complainant may request in writing, stipulating the specific grievance(s), a meeting with the college Title IX officer will have arranged a meeting and reported the findings, in writing, to both the complainant and the person to whom the complaint is directed. It shall be at the discretion of the complainant to determine whether the Title IX officer will meet with each party separately or in a single meeting.
If the complainant requests a single meeting, that meeting shall be attended by the complainant, the person to whom the complaint is directed and the Title IX officer who will chair the meeting.
(c) Step 3. Presidential appeal. If the complaint is not resolved as a result of the hearing conducted by the Title IX officer, either the complainant or the person to whom the complaint is directed may request an appeal to the college president in writing within 10 days after receiving the written results of Title IX official hearing. Within 15 days after receiving the written request, the college president or the president's designee will conduct the presidential appeal hearing and report the findings in writing to both the complainant and the person to whom the complaint is directed.
(i) The college president or designee, the Title IX officer, the complainant and the person to whom the complaint is directed shall attend the presidential appeal hearing. The college president or presidential designee shall preside.
(ii) Either the complainant or person to whom the complaint is directed may have witnesses present at the discretion of the person presiding.
(iii) The written findings of the presidential appeal will be considered final. No further intra-institutional appeal exists.
(2) If desired, inquiries or appeals beyond the institutional level may be directed to: Regional Director, Office of Civil Rights, HEW, 1321 Second Avenue, Seattle, WA 98101; The Equal Opportunity Commission, 705 Second Avenue, Seattle, WA 98101; Human Rights Commission, 402 Evergreen Plaza Building, 7th and Capitol Way, Olympia, WA 98504.
AMENDATORY SECTION (Amending Order 76-3, filed 6/25/76)
WAC 132J-325-010 State Environmental Policy Act (SEPA).
It shall be the policy of ((Community)) College District No. 10 that capital projects proposed and developed by the district shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-10 WAC, guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.
In compliance with WAC 197-10-820, the district president, or an administrative officer designated by the district president, shall be the "responsible official" for carrying out this policy.
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