WSR 19-15-039
[Filed July 11, 2019, 2:46 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-11-087 [19-11-086].
Title of Rule and Other Identifying Information: WAC 132R-04-063 Disciplinary action.
Hearing Location(s): On September 4, 2019, at 3:30 p.m., at the ATEC Building, Simplot A, 7662 Chanute Street N.E., Moses Lake, WA.
Date of Intended Adoption: September 5, 2019.
Submit Written Comments to: Melinda Dourte, 7662 Chanute Street N.E., Moses Lake, WA 98837, email, fax 509-766-6355, by August 28, 2019.
Assistance for Persons with Disabilities: Contact Loralyn Allen, phone 509-793-2027, fax 509-766-6355, TTY 509-793-2325, email, by August 28, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates to process.
Reasons Supporting Proposal: Updating process.
Statutory Authority for Adoption: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Melinda Dourte, 7662 Chanute Street N.E., Moses Lake, WA, 509-793-2001; Implementation and Enforcement: André Guzman, 7662 Chanute Street N.E., Moses Lake, WA, 509-793-2077.
A school district fiscal impact statement is not required under RCW 28A.305.135.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
July 11, 2019
Melinda Dourte
Executive Assistant
to the President
AMENDATORY SECTION(Amending WSR 17-22-054, filed 10/25/17, effective 11/25/17)
WAC 132R-04-063Disciplinary actions.
Disciplinary actions include, but are not limited to, the following sanctions that may be imposed alone or in conjunction upon students found to have committed the violations in WAC 132R-04-057. The college may impose additional sanctions on a student who fails to comply with any imposed sanctions including, but not limited to, preventing that student from registering for classes.
(1) Warning: A verbal statement to a student that there is a violation and that continued violation may be cause for further disciplinary action.
(2) Reprimand: Notice in writing that the student has violated one or more terms of this code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action.
(3) Disciplinary probation: Formal action placing specific conditions and restrictions upon the student's continued attendance depending upon the seriousness of the violation and which may include a deferred disciplinary sanction. If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction, which may include, but is not limited to, a suspension or a dismissal from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time or may be for the duration of the student's attendance at the college. Other conditions and restrictions may include, but not be limited to, restrictions from being present on certain parts of the campus or in certain college buildings; restriction from attending certain college activities or participation in extra-curricular activities; orders of no contact between the student under probation and other students, college employees, or other persons.
(4) Not in good standing. A student may be deemed "not in good standing" with the college. If so the student shall be subject to the following restrictions:
(a) Ineligible to hold an office in any student organization recognized by the college or to hold any elected or appointed office of the college.
(b) Ineligible to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation.
(5) Education. The college may require the student to complete an educational project or attend sessions, at the student's expense, which address the student's behavior such as anger management or counseling.
(6) Loss of privileges. Denial of specified privileges for a designated period of time.
(7) No contact order. An order directing a student to have no contact with a specified student, college employee, a member of the college community, or a particular college facility.
(8) Restitution: Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of monetary reimbursement, appropriate service, or other compensation.
(9) Suspension: Dismissal from the college and from the student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken.
(10) Professional evaluation: Referral for drug, alcohol, psychological or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student's return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.
(11) Expulsion: ((The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or controlled facilities without any possibility of return.))Permanent separation of the student from the college with no promise (implied or otherwise) that the student may return at any future time. There will be no refund of tuition or fees for the quarter in which the action is taken. The student will also be barred from college premises. Expulsion actions will be accomplished by issuing both an order of expulsion and a notice of trespass pursuant to WAC 132R-117-020(2). The notice of trespass may be given by any manner specified in chapter 9A.52 RCW.