PREPROPOSAL STATEMENT OF INQUIRY
[Filed November 13, 2020, 12:16 p.m.]
Subject of Possible Rule Making: Community Colleges of Spokane (CCS), chapter 132Q-10 WAC, Standards of conduct for students.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05
RCW; and RCW 28B.50.140
(13); 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
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 took effect on August 14, 2020. This required emergency updates to the college's student conduct code to be compliant with federal regulations. 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). CCS 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: CCS is required by the United States Department of Education to comply with the recently adopted Title IX regulations, which took effect on August 14, 2020. This is the permanent filing to follow up the emergency CR-103E filing.
Process for Developing New Rule: Negotiated rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John O'Rourke, 501 North Riverpoint Boulevard, Mailstop 1006, Spokane, WA 99217-1006, phone 509-434-5185, fax 509-434-5279, TTY 1-800-833-6384 or 711, email email@example.com, website https://ccs.spokane.edu/About-Us/Public-Disclosures#RuleMaking.
November 13, 2020
Grants and Contracts Manager