PREPROPOSAL STATEMENT OF INQUIRY
[Filed October 7, 2020, 11:10 a.m.]
Subject of Possible Rule Making: Student code of conduct violations, WAC 132R-04-057, Supplemental Title IX Student Conduct Procedures; WAC 132R-04-300, 132R-04-305, 132R-04-310, 132R-04-315, 132R-04-320, 132R-04-325, 132R-04-330, 132R-04-335, and 132R-04-340.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05
RCW; RCW 28B.50.140
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On May 19, 2020, the Federal Register printed amendments to Title IX regulations (85 F.R. 30575). The new regulations address the grievance process for formal complaints of sexual harassment and are scheduled to take effect on August 14, 2020. This required emergency updates to the college's student conduct code to be compliant with federal regulations. This filing follows up with a permanent filing. In addition, on August 4, 2020, the Washington Court of Appeals Division III filed an opinion regarding academic misconduct in the Daniel Nelson v. Spokane Community College case (No. 36556-5-III). Big Bend will provide clarification regarding its treatment of academic misconduct to ensure compliance with the decision of the Court of Appeals.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Big Bend Community College is required by the United States Department of Education to comply with the recently adopted Title IX regulations, which take effect on August 14, 2020. This is the permanent filing to follow up the emergency CR-103E filing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Andre Guzman, 7662 Chanute Street N.E., phone 509-793-2077, email firstname.lastname@example.org, website www.bigbend.edu.
October 7, 2020
Melinda Owens Dourte
President's Executive Assistant