Title 495c WAC — Clover Park Technical College

Chapter 495C-104 Board of trustees.

Wash. Admin. Code § 495C-104-010 Time and place of board meetings.

The board of trustees shall generally hold one regular meeting on the second Wednesday of each month at the Rotunda, Building 3, on the main college campus and such special meetings as may be requested by the chairman of the board or by a majority of the members of the board and announced in accordance with law.

All regular and special meetings of the board of trustees shall be held at 4500 Steilacoom Boulevard Southwest, Lakewood, WA 98499-4098, unless scheduled elsewhere, and are open to the general public, except for lawful executive sessions.

No official business may be conducted by the board of trustees except during a regular or special meeting.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-104-010, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-104-010, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-104-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-104-020 Request for items to be placed on board agenda.

Anyone, other than a board member or a representative of the president's office, wishing an item placed on the agenda of a board meeting, must have a written request in the office of the board secretary no later than twelve o'clock noon fourteen business days before the next scheduled meeting of the board. The secretary will relate the request to the chair of the board as soon as feasible. The chair will determine whether the item is to be placed on the agenda. The chair or designee will notify the individual initiating the request as to whether or not the item will be placed on the agenda.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-104-020, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-104-020, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-104-030 Delegation to college president.

The board of trustees delegates to the college president its authority and responsibility to administer Clover Park Technical College District Twenty-Nine in accordance with laws, policies, and rules approved by the board of trustees. At the operational level, the president has final administrative authority over all matters affecting the college district.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-104-030, filed 9/16/92, effective 10/17/92.

Chapter 495C-108 Practice and procedure.

Wash. Admin. Code § 495C-108-010 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this college. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules previously adopted by this college, the model rules prevail.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-020 Appointment of presiding officers.

The president or designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, the president or designee shall designate one person to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-020, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-030 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available under the model rules of procedure.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-030, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-040 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: 4500 Steilacoom Boulevard Southwest, Lakewood, WA 98499-4098.

Written application for an adjudicative proceeding should be submitted to the above address within twenty calendar days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-108-040, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-040, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-050 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are adopted by reference. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency determinations;

(2) Challenges to contents of education records;

(3) Use of college facilities;

(4) Parking violations;

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in college-sponsored events;

(7) Use of library – Fines;

(8) Student conduct appeals involving minor disciplinary actions imposing probation or suspensions of ten instructional days or less and any conditions or terms placed on the student;

(9) Appeals of decision regarding mandatory tuition and fee waivers.

Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-108-050, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-050, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-060 Discovery.

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall refer to the civil rules of procedure. The presiding officer may control the frequency and nature of discovery permitted, and order discovery conferences to discuss discovery issues.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-060, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-070 Procedure for closing parts of the hearings.

Adjudicative proceedings shall be open to the public, except as may be provided otherwise by law or legal requirement. Any party may apply for a protective order to close part of a hearing. The party making the request shall state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten working days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons in writing within twenty working days of receiving the request.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-108-070, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-070, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-080 Recording devices.

No cameras or recording devices are allowed in those parts of proceedings that the presiding officer has determined shall be closed under WAC 495C-108-070, except for the method of official recording selected by the presiding officer.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-108-080, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-108-080, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-108-110 Reconsideration.

(1) The affected individual may file a petition for reconsideration of a final order. Such petition must be filed upon the office of the president within ten days of the service of a final order and must state the specific grounds upon which relief is requested.

(2) No petition for reconsideration may stay the effectiveness of an order.

(3) The petition shall be disposed of by the presiding officer who issued the final order.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-108-110, filed 9/29/17, effective 10/30/17.

Wash. Admin. Code § 495C-108-130 Appearance and practice before agency.

Persons appearing before the presiding officer in brief adjudicative proceedings may be accompanied by an attorney or other person, but that individual must serve in an advisory capacity only and may not serve in a representative capacity. In formal adjudicative proceedings, no person may appear in a representative capacity before the agency other than the following:

(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.

(2) Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by our state law.

(3) Persons otherwise qualified as possessing the requisite skill to appear and expertly represent others who have applied to the agency and have been duly authorized by the agency to appear in a representative capacity before the agency.

(4) A bona fide officer, partner, or full-time employee of an individual firm, association, partnership, or corporation who appears for such individual firm, association, partnership or corporation.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-108-130, filed 9/29/17, effective 10/30/17.

Wash. Admin. Code § 495C-108-140 Definition of issues before hearing.

In all proceedings the issues to be adjudicated shall be identified initially as precisely as possible, to ensure that the agency may proceed promptly to conduct the hearings on relevant and material matters only.

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-108-140, filed 9/29/17, effective 10/30/17.

Chapter 495C-116 Parking and traffic.

Wash. Admin. Code § 495C-116-010 Purpose for adopting parking and traffic rules.

Under the authority granted RCW 28B.50.140(10), the board of trustees of Clover Park Technical College is granted authority to adopt rules for pedestrian and vehicular traffic upon public lands devoted to, operated by, or maintained by the college. The objectives of these rules are to:

(1) Protect and control pedestrian and vehicular traffic;

(2) Assure access at all times for emergency traffic;

(3) Minimize traffic disturbances during class hours;

(4) Facilitate the work of the college by assuring access to its vehicles and by assigning limited parking space for the most efficient use by all;

(5) Regulate the use of parking spaces;

(6) Protect state-owned property.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-010, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-020 Applicable parking and traffic rules.

(1) All rules in this chapter and all motor vehicle and other traffic laws of the state of Washington apply on the campus.

(2) The traffic code of the county of Pierce applies upon all lands located within the county of Pierce.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-020, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-030 Definitions.

The definitions set forth in this section apply throughout this chapter.

(1) "Board" means the board of trustees of Clover Park Technical College.

(2) "Campus" means all lands and buildings devoted to, operated by, or maintained by Clover Park Technical College.

(3) "Campus security officer" means an employee of the college who is responsible for campus traffic control, parking, security, and safety.

(4) "College" means Clover Park Technical College.

(5) "Safety and security supervisor" means the college's safety and security supervisor.

(6) "Employee" means an individual appointed to the staff or administration of the college.

(7) "Guests or visitors" mean persons who come upon the campus as guests or persons who lawfully visit the campus.

(8) "Continuing permits" mean permits issued to full-time employees for an indefinite period of time.

(9) "Annual permits" mean permits that are valid from the date of issue until the first day of the following fall quarter.

(10) "Temporary permits" mean permits that are valid for a specific period designated on the permit.

(11) "Vehicle" means an automobile, truck, motor-driven cycle, scooter, or any vehicle otherwise powered.

(12) "Student" means any person enrolled in a program at the college.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-030, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-040 Authorization for issuance of permits.

(1) The campus security officer or a designee may issue parking permits to students, employees, and guests upon the following:

(a) When the vehicle is properly registered with the college;

(b) When a permanent or special parking permit is necessary to enhance the business or operation of the college.

(2) Additional permits are available at the current fee schedule to individuals who may be registered to drive any one of several vehicles. Only one vehicle registered to an individual under one permit fee is permitted to park on campus at any one time.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-040, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-050 Vehicle parking permits.

(1) All full-time and part-time employees and students of the college except evening continuing education employees and students shall obtain and display a currently valid parking permit on all vehicles parked or left standing unattended upon the college campus for either day or night classes, in accordance with WAC 495C-116-040.

(2) All persons parking on the campus shall, as required, secure and display a currently valid parking permit within five days from their date of registration or from their first day of employment.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-050, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-060 Responsibility of person to whom permit is issued.

The person to whom a parking permit is issued is responsible for all violations of rules involving the vehicle; however, that responsibility does not relieve the driver of the responsibility for violations of the rules established by this chapter. If a vehicle in violation is not registered with the college, the current registered owner will be responsible for the violations of the campus rules.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-060, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-070 Display of permits.

The parking permit issued by the college must be visibly affixed on the outside of the rear window of the vehicle for which the permit is issued, on the lower left-hand corner of the window as viewed from the rear of the vehicle or be suspended from the rearview mirror with the special hanger provided. Motorcycle permits must be affixed in a conspicuous place.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-070, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-080 Transfer of permits.

Parking permits are not transferable. If a vehicle is sold or traded, the permit is voided and the replacement vehicle must be registered and a permit will be reissued.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-080, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-090 Permit revocation.

Permits are licenses and are the property of the college, and may be revoked for any of the following reasons:

(1) When the purpose for which the permit was issued changes or no longer exists;

(2) When a permit is used on an unregistered vehicle or by an unauthorized person;

(3) Falsification on a vehicle registration application;

(4) Continued violations of parking and traffic rules;

(5) Counterfeiting or altering of permits;

(6) Failure to comply with the Washington State Financial Responsibility Act;

(7) Unpaid fines.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-090, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-100 Right to refuse permit.

The college vice president for operations and facilities or designee reserves the right to refuse the issuance of a parking permit to anyone who has had a previous permit revoked, or whose driving or parking record indicates a disregard for the rights or safety of others.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-100, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-100, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-110 Appeal of permit revocation or refusal.

When a parking permit has been revoked under WAC 495C-116-090 or has been refused in accordance with WAC 495C-116-100 or when a fine or penalty has been levied against a violator of this chapter, that action by the vice president for operations and facilities or designee may be appealed in accordance with WAC 495C-116-170.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-110, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-110, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-120 Delegation of authority.

The authority and powers conferred upon the president by this chapter are subject to delegation to subordinates.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-120, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-130 Enforcement.

(1) Parking and traffic rules will be enforced at all times.

(2) The vice president for operations and facilities or designee is responsible for the enforcement of this chapter.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-130, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-130, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-140 Violation of parking and traffic rules.

(1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of this chapter. All fines are payable at the cashier's office.

(2) In instances where violations are flagrant or repeated, and in the judgment of the campus security officer or designee, with appropriate documented evidence, the vehicle may be impounded.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-140, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-150 Issuance of traffic tickets or summons.

(1) The campus security officer or designee may issue a warning or citation for a violation of these regulations. The warning or citation must set forth the date, the approximate time, permit number, license information, and the nature of violation.

(2) The warning or citation may be served by attaching or affixing a copy in some prominent place outside the vehicle or by personally serving the operator.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-150, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-160 Fines and penalties.

The vice president for operations and facilities or designee may impose the following fines and penalties for violation of this chapter:

(1) The college shall publish the schedule in the Student Handbook and on the traffic parking citation form.

(2) Fines will be assessed in accordance with the schedule for the following violations:

(a) No valid permit displayed;

(b) Visitor parking violations;

(d) Occupying a space or area not designated for parking;

(e) Handicapped parking violation;

(f) Parking in an area not authorized by a permit;

(g) Parking in reserved staff space without authorization;

(h) Blocking or obstructing traffic (may be towed if creating a safety hazard);

(i) Parking adjacent to a fire hydrant (may be towed if creating a safety hazard);

(j) Parking in a fire lane (may be towed if creating a safety hazard);

(k) Parking in a zone or area marked no parking;

(l) Other violations of college parking traffic rules.

(3) At the discretion of the vice president for operations and facilities or designee, an administrator or staff member who has an accumulation of citations may be subject to disciplinary action or have the matter turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.

(4) If a student fails or refuses to pay an uncontested fine that has been outstanding in excess of five working days, the vice president for operations and facilities or designee may initiate the following actions:

(a) The student may not be able to obtain college records until all fines are paid;

(b) The student will not be able to register for subsequent quarters until all fines are paid.

(5) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be subject to a fine and may be impounded and taken to a place for storage selected by the campus security officer or designee. The expenses of the impounding and storage are the responsibility of the registered owner or driver of the vehicle.

(6) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.

(7) The college is not liable for loss or damage of any kind resulting from impounding and storage of vehicles.

(8) Persons may appeal the issuance of a citation according to WAC 495C-116-170.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-160, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-160, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-170 Appeal of citations and penalties.

(1) Appeals must be made in writing, giving full particulars, including a list of witnesses and evidence expected to be presented, etc.

(2) Appeals must be submitted to the vice president for operations and facilities or designee within five working days from the date of citation.

(3) If an appeal is not resolved to the satisfaction of the alleged violator, he or she has five additional working days from the receipt of the decision of the vice president for operations and facilities or designee to appeal.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-170, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-170, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-180 Disclaimer of liability by college.

The college assumes no liability under any circumstances for theft or damage occurring to motor vehicles, bicycles, or their contents. No bailment of any sort is created by the purchase of a parking permit.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-180, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-190 Designation of parking.

The parking spaces available on campus may be allocated and designated by the vice president for operations and facilities in such a manner as will best achieve the objectives of this chapter.

(1) Special provisions shall be made for physically disabled employees, visitors, students, or their designees. Physically disabled individuals using handicapped parking spaces must display on that vehicle a valid state-issued disabled parking permit or license plate. The campus security officer or designee shall issue permits for temporarily handicapped persons and for those with state handicapped parking permits pending. In addition to the disabled permit, valid college parking permits must be displayed on the vehicle.

(2) Spaces specifically designated as "visitor" are to be used only by visitors driving vehicles without continuing or annual permits as specified by the posted signs.

(3) The vice president for operations and facilities or designee may designate parking spaces for special purposes as deemed necessary.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-190, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-190, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-200 Parking within designated spaces.

(1) No vehicle may be parked on the campus except in those areas set aside and designated for parking.

(2) No vehicle may be parked so as to occupy any portion of more than one parking space or stall.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-200, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-210 Regulatory signs, markings, barricades, etc.

The vice president for operations and facilities or designee may make and erect signs, barricades, and other structures and paint marks and other directions upon the streets, entrances, exits, and roadways for the regulation of traffic and parking upon the various public lands devoted to, operated by, or maintained by the college. Drivers of vehicles shall observe and obey all the signs, barricades, structures, markings, and directions.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-210, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-210, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-220 Speed limit.

No vehicle may be operated on the campus at a speed in excess of that posted, or such slower speed as is reasonable and prudent to the circumstances.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-220, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-230 Pedestrian right of way.

(1) The operator of a vehicle shall yield the right of way to any pedestrian. A pedestrian shall not leave a curb or other place of safety and walk or run into the path of an oncoming vehicle.

(2) When a sidewalk or crosswalk is provided, pedestrians shall proceed upon the sidewalk or crosswalk.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-230, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-240 Two-wheeled motorcycles or bicycles.

All vehicles and bicycles shall park in designated areas only.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-240, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-250 Report of accidents.

(1) The operator of a vehicle involved in an accident on campus resulting in injury or death of a person or claimed damage to either or both vehicles exceeding five hundred dollars shall immediately report the accident to the campus security office. Accidents occurring after the close of business must be reported the next working day.

(2) Other minor accidents may be reported to the campus security office for insurance record purposes.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-250, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-260 Disabled or inoperative vehicles—Impounding.

(1) Disabled or inoperative vehicles shall not be parked on the campus for a period exceeding seventy-two hours, without authorization from the vice president for operations and facilities or designee.

(2) Vehicles parked over seventy-two hours without authorization may be impounded and stored at the expense of either or both the owner and operator of the vehicle.

(3) Notice of intent to impound will be posted on the vehicle and sent by registered mail to the legal owner at least forty-eight hours before impounding.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-116-260, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-260, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-270 Authority to establish parking fee.

The president or designee shall set and review as necessary parking permit fees in accordance with WAC 495C-116-280 and a schedule of fines and penalties in accordance with WAC 495C-116-160.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-270, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-116-280 Parking permit fees.

Fees shall be levied in accordance with the current published fee schedule.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-116-280, filed 9/22/92, effective 10/23/92.

Chapter 495C-121 Student conduct code.

Wash. Admin. Code § 495C-121-010 Definitions.

The following definitions shall apply for the purposes of this student conduct code, chapter 495C-121 WAC:

(1) "College" means Clover Park Technical College, College District 29.

(2) "College facilities" includes all campuses of the college, wherever located, and all land, buildings, vehicles, equipment, and other real and personal property which are owned, leased, used, or controlled by the college.

(3) "Committee" and "student conduct committee" means the committee which is formed under WAC 495C-121-140 and which hears the matters specified in WAC 495C-121-110.

(4) "Conduct review officer" is the vice president of student services or other college administrator designated by the president to be responsible for receiving and then either reviewing or referring an appeal of student disciplinary action in accordance with WAC 495C-121-110 and following sections of this chapter. The president may reassign any and all of the conduct review officer's responsibilities as set forth in this chapter as he/she deems appropriate.

(5) "Day" means a calendar day, except that when a "business day" is specified, business day means a weekday, excluding weekends and college holidays.

(6) "Disciplinary action" is the process by which the student conduct officer, or the committee upon a referral, imposes discipline against a student for violation of WAC 495C-121-050. Disciplinary action does not include instructional decisions and actions which are under the authority of faculty members and instructional administrators, such as determinations of academic credit and grading; any such determinations, and any review or appeal of these, are outside the scope of this chapter.

(7) "Disciplinary appeal" is the process by which an aggrieved student can appeal discipline, as provided in WAC 495C-121-110 through 495C-121-180.

(8) "Family Educational Rights and Privacy Act" and "FERPA" mean the law and regulations known by those names (20 U.S.C. §1232g; 34 C.F.R. Part 99).

(9) "Filing" is delivery of a document to the college official who is designated under this chapter to receive it for the purpose of review of a disciplinary action. Unless otherwise provided, filing shall be accomplished by:

(a) Hand delivery of the document to that official or the official's assistant during regular office hours; or

(b) Sending the document both by first class mail postage prepaid to the official's office and by email to his/her college email address.

(10) "Hazing" as used in RCW 28B.10.901 and 28B.10.902, includes any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending a public or private institution of higher education or other postsecondary educational institution in this state, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions.

(11) "Includes" and "including" means contained as part of a larger described whole or grouping, but these terms are not a limitation and mean "but not limited to."

(12) "President" is the president of the college. The president may delegate any of his or her responsibilities under this chapter as he/she deems appropriate.

(13) "Respondent" is the student against whom disciplinary action is initiated.

(14) "Service" is the delivery of a document or copy of a document 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) Sending the document both by first class and/or certified mail postage prepaid to the party's last known address and by email to the email address shown in the college's records.

Service is deemed complete either upon hand delivery or when the document has been both deposited in the mail and emailed.

(15) "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."

(16) "Student conduct officer" is a college administrator designated by the president or vice president of student services to be responsible for investigating allegations of student misconduct and taking disciplinary action as provided in WAC 495C-121-100. The president or vice president of student services may reassign any of the student conduct officer's responsibilities under this chapter as he/she deems appropriate.

(17) "Student group" for purposes of this code, is a student organization, athletic team, or living group including, but not limited to, student clubs and organizations, affinity groups, members of a class or student cohort, student performance groups, and student living groups within student housing.

(18) "Vice president of student services" is the position which reports directly to the president and which the president assigns overall operational responsibility for this chapter. The president may reassign, or the vice president may delegate, any such responsibility as he/she deems appropriate.

History

Statutory Authority: RCW 288.50.140 [28B.50.140], 34 C.F.R. Part 106, and 2022 c 209. WSR 23-07-054, § 495C-121-010, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-010, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-020 Authority.

The board of trustees, acting pursuant to RCW 28B.10.528 and 28B.50.140(14), delegates to the president the authority to administer student disciplinary actions and appeals. The president may delegate and/or further assign responsibilities related to student discipline to other college officials and positions.

History

Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-121-020, filed 2/22/16, effective 3/24/16
WSR 14-11-070, § 495C-121-020, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-030 Jurisdiction.

(1) The student conduct code, chapter 495C-121 WAC, shall apply to student conduct that occurs:

(a) In or on college facilities;

(b) At or in connection with college-sponsored activities; or

(c) Off-campus when in the judgment of the college it adversely affects the college community or the pursuit of its objectives.

(2) Jurisdiction extends to, but is not limited to, locations where students or student groups are engaged in official college activities, including foreign or domestic travel, activities funded or sponsored by the associated students, athletic events or recreational events, training internships, cooperative and distance education, online education, practicums, supervised work experiences, or any other college-sanctioned social or club activities and college-sanctioned housing.

(3) Students are responsible for their conduct from notification of admission to the college through the actual receipt of a certificate or degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.

(4) These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending.

(5) In addition to initiating discipline proceedings for violation of the student conduct code, the college may refer any violations of federal, state, or local laws to civil and criminal authorities for disposition. The college may proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil proceedings or criminal prosecution.

History

Statutory Authority: RCW 288.50.140 [28B.50.140], 34 C.F.R. Part 106, and 2022 c 209. WSR 23-07-054, § 495C-121-030, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-030, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-040 Student rights.

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community.

The following enumerated rights are guaranteed to each student within the limitations of statutory law and college policy which are deemed necessary to achieve the educational goals of the college:

(1) Academic freedom.

(a) Students are guaranteed the rights of free inquiry, expression, and assembly upon and within college facilities that are generally open and available to the public.

(b) Students are free to pursue appropriate educational objectives from among the college's curricula, programs, and services, subject to the limitations of RCW 28B.50.090 (3)(b).

(c) Students shall be protected from academic evaluation which is arbitrary, prejudiced, or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

(d) Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.

(2) Due process.

(a) The rights of students to be secure in their persons, papers, and effects against unreasonable college searches and seizures are guaranteed.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this code of conduct is entitled, upon request, to the procedural due process set forth in this chapter.

History

Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-121-040, filed 2/22/16, effective 3/24/16
WSR 14-11-070, § 495C-121-040, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-050 Prohibited student conduct.

The college may impose disciplinary sanctions against a student or student group who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit any act of misconduct, which includes, but is not limited to, the following:

(1) Academic dishonesty. Any act of academic dishonesty, including cheating, plagiarism, and fabrication.

(a) Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment or requirement.

(b) Plagiarism includes taking and using as one's own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment or requirement.

(c) Fabrication includes falsifying data, information, or citations in completing an academic assignment or requirement, or providing false or deceptive information to an instructor concerning the completion of an assignment or requirement, including submitting for credit without authorization academic work also submitted for credit in another course.

(2) Other dishonesty. Any other act of dishonesty, including:

(a) Forgery, alteration, submission of falsified documents, or misuse of any college document, record, or instrument of identification;

(b) Tampering with an election conducted by or for college students; or

(c) Furnishing false information, or failing to furnish correct or complete information, in response to the request or requirement of a college official or employee.

(3) Obstruction or disruption. Conduct which significantly obstructs or disrupts any operation of the college, any college meeting, any college class or other activity, any activity authorized to occur at a college facility, or any college-sponsored activity, including obstructing the free flow of pedestrian or vehicular movement or blocking access to or from any college facility or college-sponsored event.

(4) Assault, abuse, intimidation, etc. Assault, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, stalking, reckless conduct, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property or which unreasonably disrupts the educational environment. For purposes of this subsection:

(a) Bullying is severe or pervasive physical or verbal abuse involving an apparent power imbalance between the aggressor and victim.

(b) Stalking is intentional and repeated following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such an intent.

(c) Reckless conduct means acts performed with a heightened degree of carelessness or indifference so as to create a significant risk of physical, mental, or emotional harm to another person.

(5) Cyber misconduct. Cyberstalking, cyberbullying or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, texting, electronic bulletin boards, and social media sites, to harass, abuse, bully, or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health, safety, or well-being of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's electronic communications directly or through spyware, sending threatening messages, disrupting electronic communications, sending a computer virus or malware, sending false messages to third parties using another's identity, nonconsensual recording of sexual activity, or nonconsensual distribution of a recording of sexual activity.

(6) Property violation. Damage to, or theft or misuse of, real or personal property or money of:

(a) The college or state, including college facilities;

(b) Any college student, official, employee, or organization; or

Property violation also includes possession of such property or money after it has been stolen.

(7) Failure to comply with directive. Failure to comply with the direction of a college official or employee who is acting in the legitimate performance of his or her duties, including failure to properly identify oneself to such a person when requested to do so.

(8) Weapons. Holding, wearing, transporting, storing, or otherwise possessing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device, or any other weapon or device which is apparently capable of producing bodily harm, on or in any college facility, subject to the following exceptions:

(a) Commissioned law enforcement personnel or legally authorized military personnel while in performance of their duties;

(b) College-owned knives, tools, etc., that are being used for a legitimate educational purpose as part of a college instructional program;

(c) A student with a valid concealed pistol license may store a pistol in his or her vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the pistol is concealed from view;

(d) The president may grant permission to bring such a weapon or device on or into a college facility when he/she determines that it is reasonably related to a legitimate pedagogical purpose, provided that such permission shall be in writing and shall be subject to all terms and conditions incorporated in that writing; and

(e) This policy does not apply to the possession and/or use of disabling chemical sprays when possessed and/or used for self-defense.

(9) Hazing.

(a) Hazing is any act committed as part of:

(i) A person's recruitment, initiation, pledging, admission into, or affiliation with a student group;

(ii) Any pastime or amusement engaged in with respect to such a student group; or

(iii) That causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm to any student.

(b) Examples of hazing include, but not limited to:

(i) Causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug or other substance which subjects the person to risk of such harm;

(ii) Humiliation by ritual act;

(iii) Striking another person with an object or body part;

(iv) Causing someone to experience excessive fatigue, or physical and/or psychological shock; or

(v) Causing someone to engage in degrading or humiliating games or activities that create a risk of serious psychological, emotional, and/or physical harm.

(d) Consent is not a valid defense against hazing.

(10) Alcohol, drug, and tobacco violations.

(a) Alcohol. Use, possession, delivery, sale, or being observably under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.

(b) Marijuana. Use, possession, delivery, sale, or being observably under the influence of marijuana, the psychoactive compounds found in marijuana, or any product containing marijuana or such compounds that is intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college facilities or in connection with college activities.

(c) Drugs. The use, possession, delivery, sale, or being observably under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed health care practitioner.

(d) Tobacco, electronic cigarettes, and related products. Use of tobacco, electronic cigarettes or smoking devices, and/or related products on or in any college facility is prohibited, except that such use in a designated smoking area or in a closed private vehicle is permitted when consistent with applicable law and rules. "Related products" include cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff.

(11) Lewd conduct. Conduct which is lewd or obscene.

(12) Discriminatory conduct. Discriminatory conduct which harms or adversely affects any member of the college community because of her/his race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

(13) Sexual misconduct. Any act of sexual misconduct, including sexual harassment, sexual intimidation, and sexual violence.

(a) Sexual harassment means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, that is sufficiently serious as to deny or limit, and that does deny or limit, based on sex, the ability of a student to participate in or benefit from the college's educational program or that creates an intimidating, hostile, or offensive environment for campus community members.

(b) Sexual intimidation. The term "sexual intimidation" incorporates the definition of "sexual harassment" and means threatening or emotionally distressing conduct based on sex including, but not limited to, nonconsensual recording of sexual activity or distribution of such a recording.

(c) Sexual violence is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

(i) Nonconsensual sexual intercourse is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(ii) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual or any other bodily contact in a sexual manner.

(iii) Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

(iv) Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

(v) Stalking means intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent.

(vi) Consent means knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(14) Harassment. Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college's educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; veteran's status; or any other legally protected classification. See "Sexual misconduct" for the definition of "sexual harassment." Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic.

(15) Retaliation. Taking adverse action against any individual for reporting, providing information, or otherwise participating in a process for addressing alleged violations of federal, state, or local law, or college policies, including allegations of discrimination or harassment.

(16) Misuse of electronic resources. Theft or other misuse of computer time or other electronic information resources of the college, which includes:

(a) Unauthorized use of such resources or opening of a file, message, or other item;

(b) Unauthorized duplication, transfer, or distribution of a computer program, file, message, or other item;

(d) Use of such time or resources to interfere with someone else's work;

(e) Use of such time or resources to send, display, or print an obscene or abusive message, text, or image;

(f) Use of such time or resources to interfere with normal operation of the college's computing system or other electronic information resources;

(g) Use of such time or resources in violation of applicable copyright or other law;

(h) Adding to or otherwise altering the infrastructure of the college's electronic information resources without authorization; or

(i) Failure to comply with the college's policies or procedures governing the use of such time or resources.

(17) Unauthorized access. Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to college property, or unauthorized entry onto or into college property.

(18) Safety violations. Any nonaccidental conduct that violates, interferes with, or otherwise compromises any law, rule, policy, procedure, or equipment relating to the safety and security of college facilities or the college community, including tampering with fire safety equipment or triggering false alarms or other emergency response systems.

(19) Motor vehicle operation. Operation of any motor vehicle in an unsafe manner or contrary to posted signs or college procedures.

(20) Violation of laws or policies. Violation of any federal, state, or local law or regulation, or college rule, policy, or procedure, which regulates the behavior of the college's students, including a parking rule.

(21) Student procedures violations. Misuse of or failure to follow any of the procedures relating to student complaints or misconduct, including:

(a) Falsification or misrepresentation of information;

(b) Failure to obey a subpoena;

(d) Destroying or altering potential evidence, or attempting to intimidate or otherwise improperly pressure a witness or potential witness;

(e) Attempting to influence the impartiality of, or harassing or intimidating, a student conduct committee member or other disciplinary official; or

(f) Failure to comply with any disciplinary action, term, or condition imposed under this chapter.

(22) Ethical violation. Ethical violations include, but are not limited to, breach of a generally recognized and published code of ethics or standard of professional practice that governs the conduct of a particular profession, which the student has been specifically informed about and is required to adhere to as a condition of enrolling in a course or participating in an educational program.

In addition to initiating discipline proceedings for violation of the student conduct code, the college may refer any violations of federal, state or local laws to civil and criminal authorities for disposition. The college shall proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

Statutory Authority: RCW 288.50.140 [28B.50.140], 34 C.F.R. Part 106, and 2022 c 209. WSR 23-07-054, § 495C-121-050, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-121-050, filed 2/22/16, effective 3/24/16
WSR 14-11-070, § 495C-121-050, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-060 Disciplinary sanctions and conditions.

(1) Disciplinary sanctions. The following disciplinary sanctions may be imposed upon students found to have violated the student conduct code:

(a) Disciplinary warning. An oral statement to a student that there is a violation and that any further violation may be cause for further disciplinary action. Although verbal, the student conduct officer should make a record of the warning. The respondent cannot appeal a disciplinary warning.

(b) Written disciplinary reprimand. A written notice informing a student that he/she has violated one or more terms of the code of conduct and that future misconduct involving the same or similar behavior may result in the imposition of a more severe disciplinary sanction.

(c) Disciplinary probation. A written notice placing specific term(s) and condition(s) upon the student's continued attendance at the college. Disciplinary probation may be for a limited period of time or for the duration of the student's attendance at the college.

(d) Disciplinary suspension. Temporary revocation of enrollment and termination of student status, for a stated period of time. The student may be prohibited from coming onto any college facility and may be subject to law enforcement action for criminal trespass for violating that prohibition. There will be no refund of tuition or fees for the quarter in which the action is taken.

(e) Dismissal. Revocation of enrollment and of all rights and privileges of membership in the college community, and exclusion from college facilities, without any time limitation. There will be no refund of tuition or fees for the quarter in which the action is taken. The student may be subject to law enforcement action for criminal trespass for violating that exclusion. A dismissal may be rescinded only by a written decision of the president, for documented good cause.

(2) Disciplinary conditions. Disciplinary conditions that may be imposed alone or in conjunction with the imposition of a disciplinary sanction under subsection (1) of this section include:

(a) Restitution. Reimbursement for (i) damage to, or theft or misuse of, real or personal property or money, or (ii) injury to persons. This reimbursement may take the form of money, appropriate service, or other compensation.

(b) Professional evaluation. Referral for drug, alcohol, psychological, or medical evaluation, at the student's expense, by an appropriately certified or licensed professional. The student may choose the professional within the scope of practice and with the professional credentials as specified by the college. The student must 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 the evaluation. If the student has been suspended, the student may remain suspended until the most recent evaluation finds that the student is capable of reentering the college and complying with the college's expectations for conduct.

(i) Ineligible to hold any college office or position or any office in any student organization;

(ii) Ineligible to participate in any college activity(ies); and/or

(iii) Ineligible to represent the college outside the college community, including at any event or in any form of competition.

(d) Required activities. Assignment of appropriate tasks or responsibilities, or required attendance at an appropriate program, instructional course, or other educational activity, which may be at the student's expense.

(e) Protective or no contact order. An order directing a student to have limited or no contact with any specified student(s), college employee(s), member(s) of the college community, or college facility.

(f) Loss of state funding. A student found to have committed hazing shall forfeit any entitlement to state-funded grants, scholarships, or awards, pursuant to RCW 28B.10.902.

History

Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-121-060, filed 2/22/16, effective 3/24/16
WSR 14-11-070, § 495C-121-060, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-065 Hazing prohibited—Sanctions.

(1) Hazing by a student or student group is prohibited pursuant to WAC 495C-121-050.

(2) No student may conspire to engage in hazing or participate in hazing of another. State law provides that hazing is a criminal offense, punishable as a misdemeanor.

(3) Washington state law provides that:

(a) Any student group that knowingly permits hazing is strictly liable for harm caused to persons or property resulting from hazing. If the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

(b) Any person who participates in the hazing of another shall forfeit an entitlement to state-funded grants, scholarships, or awards for a period of time determined by the college.

(c) Student groups that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

(d) Student groups found responsible for violating the code of student conduct, college antihazing policies, or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual conduct, or physical assault will be disclosed in a public report issued by the college setting forth the name of the student group, the date the investigation began, the date the investigation ended, a finding of responsibility, a description of the incident(s) giving rise to the finding, and the details of the sanction(s) imposed.

History

Statutory Authority: RCW 288.50.140 [28B.50.140], 34 C.F.R. Part 106, and 2022 c 209. WSR 23-07-054, § 495C-121-065, filed 3/9/23, effective 4/9/23.

Wash. Admin. Code § 495C-121-070 Faculty/administrator authority regarding classroom disruption.

(1) Faculty members and instructional administrators are authorized to take appropriate action to maintain order and proper conduct in the classroom and the cooperation of students in fulfilling course objectives.

(2) If a faculty member or instructional administrator determines that a student has created a disruption which makes it unreasonably difficult to maintain the learning and teaching environment or the decorum of a class or activity, he/she may suspend that student from the class or activity for up to a total of one day per day of disruption. The faculty member or administrator shall report this suspension to the student conduct officer, who shall have the option, depending on the severity, to treat the suspension as insufficient and also initiate further discipline under this chapter.

(3) The suspension of up to one day per day of disruption shall not be subject to any further appeal or review. However, any further discipline imposed by the student conduct officer shall be processed in accordance with this chapter.

(4) Any suspension initiated by a faculty member or instructional administrator under this section will not affect any student grading that is based directly on attendance.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-070, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-080 Disciplinary records.

(1) Records of a disciplinary proceeding under this chapter are disciplinary records which must be maintained by the office of the vice president of student services separately from student academic records and in accordance with applicable state records retention requirements.

(2) Disciplinary records are confidential to the extent required by applicable laws, including the Family Educational Rights and Privacy Act. To the extent permitted by such laws, the respondent, or if a minor, the student's parent, may review his/her disciplinary records, obtain a copy of such records upon payment of any lawful charges for duplication, and/or authorize disclosure of such records.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-080, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-100 Initiation of disciplinary action.

(1) All disciplinary actions will be initiated by the student conduct officer. If that officer is the subject of a complaint initiated by the respondent, the president shall, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities relative to the complainant.

(2) The student conduct officer shall initiate possible disciplinary action by serving the respondent with written notice directing him or her to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the specific apparent misconduct under WAC 495C-121-050, and the range of possible disciplinary sanctions, and specify the time and location of the meeting. At the meeting, the student conduct officer will present the allegations to the respondent and the respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting after proper service of notice, the student conduct officer may impose disciplinary sanction(s) and conditions based upon the available information.

(3) Within ten days of the scheduled initial disciplinary meeting, and after considering the information obtained by investigation and any information presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting his or her decision, the specific student conduct code provisions found to have been violated, the discipline imposed, if any, the consequences if a student fails to satisfy any disciplinary condition(s) which are being imposed, and a notice of the respondent's appeal rights, if any, with an explanation of the consequences of failing to file a timely appeal.

(4) The student conduct officer may take any of the following actions:

(a) Terminate the proceeding, with any appropriate exoneration of the respondent or counseling or advice to the respondent. The respondent cannot appeal a termination of the proceedings;

(b) Specify misconduct under WAC 495C-121-050 which he/she finds to have occurred and impose disciplinary sanction and/or condition(s), as described in WAC 495C-121-060; or

(c) Refer the matter directly to the student conduct committee for a hearing and imposition of such disciplinary sanction and/or condition(s) as the committee deems appropriate. Such referral shall be to the attention of the chair of the committee with a copy served on the respondent.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-100, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-110 Appeals and referrals—Routing.

(1) The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within twenty-one days of service of the student conduct officer's decision. Failure to file a timely notice of appeal constitutes a waiver of the right to appeal, and the student conduct officer's decision shall be deemed final.

(2) The notice of appeal must include a brief statement explaining why the respondent is seeking review.

(3) Except as provided in WAC 495C-121-230 or elsewhere in these rules, the parties to an appeal shall be the respondent and the student conduct officer.

(4) On appeal, the student conduct officer bears the burden of establishing the factual elements of the alleged misconduct by a preponderance of the evidence, i.e., that it is more likely than not that the respondent engaged in the alleged misconduct.

(5) Imposition of a disciplinary sanction and conditions shall be stayed during an appeal, except for a summary suspension that has been imposed under WAC 495C-121-190.

(6) The student conduct committee shall hear:

(a) Appeals from disciplinary suspensions in excess of ten instructional days, and any related disciplinary condition(s);

(b) Appeals from dismissals, and any related disciplinary condition(s); and

(7) Appeals from the following disciplinary sanctions and related disciplinary conditions shall be reviewed through a brief adjudicative proceeding:

(a) Written disciplinary reprimands, and any related disciplinary condition(s);

(b) Disciplinary probation, and any related disciplinary condition(s); and

(8) Except as provided elsewhere in these rules, disciplinary warnings and terminations of proceedings are final actions and are not subject to appeal.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-110, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-120 Brief adjudicative proceedings—Initial hearing and decision.

(1) Brief adjudicative proceedings shall be conducted by a conduct review officer. The conduct review officer shall not participate in any case in which he/she is a witness, has direct or personal interest, prejudice, or bias, or has previously provided significant advice or direction to the student conduct officer.

(2) Before making a decision, the conduct review officer shall schedule an informal hearing to provide each party an opportunity (a) to be informed of the agency's view of the matter, and (b) to explain the party's view of the matter.

(3) The conduct review officer shall serve an initial decision upon the parties within ten days of the scheduled hearing. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek review under WAC 495C-121-130.

(4) If the conduct review officer, upon review, determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than ten instructional days or a dismissal, he/she shall refer the matter to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-120, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-130 Brief adjudicative proceedings—Review of initial decision.

(1) A party may obtain review of an initial decision by the president, by filing a written request for review with the conduct review officer within twenty-one days of service of the initial decision. That officer shall promptly forward the request to the president. If no timely request for review is filed, the initial decision shall become the final decision.

(2) The president shall not participate in any case in which he/she is a witness, has direct or personal interest, prejudice, or bias, or has previously provided significant advice or direction.

(3) During the review, the president shall give each party an opportunity to file a written statement explaining their view of the matter and shall make any inquiries to the parties which are necessary to ascertain whether the discipline should be modified or whether the proceedings should be referred to the student conduct committee for a hearing.

(4) The president shall serve a written decision on review on all parties within twenty days of the later of the filing of the request for review or any deadline for parties' explanatory statements. A request for review may be deemed to have been denied if the president does not serve a decision within those twenty days. The decision shall include a brief statement of its reasoning. The president's decision shall be the final college action in the matter, and shall include notice of any right to request reconsideration and of the right to seek judicial review under chapter 34.05 RCW.

(5) If the president, upon review, determines that the respondent's conduct may warrant imposition of a dismissal or a disciplinary suspension of more than ten instructional days, he/she shall refer the matter to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-130, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-140 Student conduct committee—Formation.

(1) Proceedings of the student conduct committee shall be governed by the Administrative Procedure Act, chapter 34.05 RCW, and by the Model Rules of Procedure, chapter 10-08 WAC. To the extent there is a conflict between this chapter and chapter 10-08 WAC, this chapter shall control.

(2) The student conduct committee shall consist of five members:

(a) Two full-time students appointed by the student government to terms of up to one academic year;

(b) Two faculty members appointed by the president to terms of up to two academic years, beginning in alternating years;

(c) One faculty member or administrator, other than an administrator serving as a student conduct or conduct review officer, appointed as chair by the president for a term of up to two academic years.

Members may be reappointed for subsequent terms. Any member may be replaced by the appointing authority for the remainder of the term for good cause shown.

(3) The faculty member or administrator appointed as chair may take action on preliminary hearing matters prior to convening the committee. The chair shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

(4) A member of the student conduct committee shall not participate in any case in which he/she is a party, complainant, or witness, has direct or personal interest, prejudice, or bias, or has previously provided significant advice or direction. Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).

(5) Hearings may be heard by a quorum of three members of the committee, so long as one faculty member and one student are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-140, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-150 Student conduct committee—Prehearing proceedings.

(1) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause shown.

(2) The chair may conduct prehearing conferences and/or make prehearing decisions concerning the simplification of issues, the extent and form of any discovery, issuance of protective orders, and similar procedural matters.

(3) Discovery will be available as determined by the chair and in accordance with RCW 34.05.446. Upon request, the chair shall provide reasonable assistance to a party in obtaining relevant and admissible evidence that is within the college's control.

(4) The chair may provide to the committee members in advance of the hearing copies of (a) the conduct officer's notification of imposition of discipline or referral to the committee, and (b) the notice of appeal. If doing so, however, the chair should remind the members that these documents are not evidence of any facts they may allege.

(5) Upon request filed at least five business days before the hearing by any party, or at the direction of the committee chair, the parties shall exchange, no later than the third business day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present to the committee. Failure to participate in good faith in such a requested exchange may be cause for exclusion from the hearing of any witness or exhibit not disclosed, absent a showing of good cause for such failure.

(6) The parties may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the chair may provide copies of these admissible exhibits to the committee members before the hearing.

(7) Communications between a committee member and any other nonmember hearing participant regarding any issue in the proceeding, other than communications necessary to procedural aspects of maintaining an orderly process, are generally prohibited without notice and opportunity for all parties to participate. Any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-150, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-160 Student conduct committee—Hearings.

(1) Upon the failure of any party to attend or participate in a hearing, the chair may either:

(a) Proceed with the hearing; or

(b) Serve a default order in accordance with RCW 34.05.440.

(2) The committee will ordinarily be advised by an assistant attorney general.

(3) Each party may be accompanied at the hearing by a nonattorney assistant of his/her choice. A party other than the student conduct officer may elect to be represented by an attorney at his or her own cost, but will be deemed to have waived that right unless, at least four business days before the hearing, written notice of the attorney's identity and participation is filed with the chair, with a copy to the student conduct officer. If such a party is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened, assistant attorney general.

(4) The chair shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the committee. Evidence shall be admitted or excluded in accordance with RCW 34.05.452. All testimony shall be given under oath or affirmation.

(5) The hearing will ordinarily be closed to the public, in light of the Family Educational Rights and Privacy Act. However, if all parties agree on the record to open some or all of the proceedings, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.

(6) The chair shall afford opportunity to all parties to present their cases, and shall cause the hearing to be recorded by a method that he/she selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. Other recording shall also be permitted, in accordance with WAC 10-08-190.

(7) The chair shall assure maintenance of the record of the proceeding which is required by RCW 34.05.476. This record shall be available upon request by any party for inspection and copying, except as limited by FERPA.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-160, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-170 Student conduct committee—Initial decision.

(1) At the conclusion of the hearing, the committee shall permit the parties to make closing arguments in whatever form it wishes to receive them. The committee also may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration. Only evidence presented at the hearing will be considered by the committee.

(2) Within twenty days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The initial order shall include:

(a) Findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of WAC 495C-121-050 were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(b) A determination on appropriate disciplinary sanction and/or disciplinary conditions, if any. The committee may affirm, reverse, modify, or supplement any disciplinary sanction and/or disciplinary condition(s) imposed by the student conduct officer.

(c) A statement that the initial order will become final unless a party seeks review of that decision in accordance with WAC 495C-121-180.

(3) The chair shall cause copies of the initial decision to be served on the parties, including any legal counsel of record. The committee chair shall also promptly transmit the record of the committee's proceedings and a copy of its decision to the president.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-170, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-180 Student conduct committee—Review of initial decision.

(1) A party who is aggrieved by the committee's initial decision may obtain review of that decision by filing a notice of appeal with the president within twenty-one days after it was served on that party. If no timely notice of appeal is filed, the initial decision shall become the final decision.

(2) The notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged, and must contain an argument why the appeal should be granted.

(3) The president may ask for additional argument from the parties on the issues raised in the notice of appeal. The president's review will ordinarily be limited to those issues, and shall be restricted to the committee hearing record. The president shall not engage in ex parte communication with any of the parties regarding the appeal.

(4) The president shall serve a written decision on review on all parties within forty-five days after receipt of the notice of appeal. The decision shall include appropriate findings and conclusions. Unless it remands the case to the committee for further proceedings or gives a right to request reconsideration, the president's decision shall be the final college action in the matter and shall include notice of the right to seek judicial review under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-180, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-190 Summary suspension.

(1) Summary suspension is a temporary exclusion from specified college facilities and denial of access to all activities or privileges for which a respondent might otherwise be eligible, while an investigation, disciplinary procedures, and/or an appeal are pending.

(2) The student conduct officer may impose a summary suspension if there is probable cause to believe, i.e., there are reasonable grounds for believing, that the respondent has committed misconduct under WAC 495C-121-050 and that either:

(a) The situation involves an immediate danger to the public health, safety, or welfare which requires immediate college action; or

(b) The student's behavior poses an ongoing threat of substantial disruption of, or interference with, the operations of the college.

(3) A summary suspension shall be effective when the respondent receives written or oral notice of that suspension. If oral notice is given, a written notification must be served on the respondent within two business days of the oral notice. The written notification shall be entitled "Notice of Summary Suspension" and shall include:

(a) The reasons for imposing the summary suspension, including a description of the misconduct and specification of the provisions of WAC 495C-121-050 allegedly violated;

(b) The date, time, and location when the respondent must appear before the conduct review officer for a hearing on the summary suspension; and

(c) The conditions, if any, under which the respondent may physically access college facilities or communicate with members of the college community. If the respondent is prohibited from entering college facilities, he/she may be given a notice against trespass which warns that his/her privilege to enter college facilities has been withdrawn, subject to any specified exceptions such as an invitation to meet with the student conduct officer or conduct review officer or to attend a scheduled disciplinary hearing, and that he/she shall be considered to be trespassing and subject to arrest for criminal trespass for any violation.

(4) The hearing before the conduct review officer shall be scheduled as soon as practicable after service of the notice of summary suspension. If the respondent fails to appear at the scheduled time, the conduct review officer may order that the summary suspension remain in place. During the summary suspension hearing, the issues shall be:

(a) Whether the requirements under subsection (2) of this section are satisfied; and

(b) Whether the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or should be less restrictive in scope.

(5) As soon as practicable following the hearing, the conduct review officer shall issue, and serve on the respondent and student conduct officer, a written decision which addresses the issues at the hearing. The conduct review officer shall also provide information about the decision, to the extent legally permissible under FERPA, to all persons and offices who may be bound or protected by it.

(6) The respondent may request a de novo review of the summary suspension hearing decision by the student conduct committee. The review will be scheduled promptly. Either party may request the review to be consolidated with any other disciplinary proceeding arising from the same matter.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-190, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-200 Supplemental definitions.

The following supplemental definitions apply in student disciplinary matters involving allegations of sexual misconduct by a student:

(1) A "complainant" is an alleged victim of sexual misconduct.

(2) "Sexual misconduct" has the meaning ascribed to this term in WAC 495C-121-050.

(3) "Title IX compliance officer" is the college position designated by the president as having the primary direct responsibilities related to Title IX, 20 U.S.C. §§ 1681-88.

History

Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-200, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-210 Supplemental sexual misconduct procedures.

Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, Clover Park Technical College may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of sexual misconduct. The supplemental procedures provided for in WAC 495C-121-210 through 495C-121-270 shall supplement the other procedural requirements of this chapter and will govern all student conduct proceedings regarding alleged acts of sexual misconduct. In the event of a conflict between the supplemental procedure and other requirements of this chapter, the requirements of the supplemental procedure shall control.

For purposes of this supplemental procedure, "sexual misconduct" encompasses the following conduct:

(1) Quid pro quo harassment. A college employee conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct.

(2) Hostile environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Clover Park Technical College's educational programs or activities, or employment.

(3) Sexual assault. Sexual assault includes the following conduct:

(a) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(b) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(c) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen.

(d) Statutory rape. Consensual sexual intercourse between someone who is eighteen years of age or older and someone who is under the age of sixteen.

(4) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

(5) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person:

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship;

(ii) The type of relationship; and

(iii) The frequency of interaction between the persons involved in the relationship.

(6) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-210, filed 8/10/21, effective 9/10/21. Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-210, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-215 Title IX jurisdiction.

(1) This supplemental procedure applies only if the alleged misconduct:

(a) Occurred in the United States;

(b) Occurred during a Clover Park Technical College educational program or activity; and

(2) For purposes of this supplemental procedure, an "educational program or activity" is defined as locations, events, or circumstances over which Clover Park Technical College exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the college.

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section, have not been met. Dismissal under this Title IX supplemental procedure does not prohibit the college from pursuing other disciplinary action based on in situations where the allegations against the respondent, if true, would constitute violations of other provisions of the college's student conduct code, chapter 495C-121 WAC.

(4) If the student conduct officer determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the student conduct officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-215, filed 8/10/21, effective 9/10/21.

Wash. Admin. Code § 495C-121-220 Supplemental complaint process.

With respect to complaints or other reports of alleged sexual misconduct by a student:

(1) The college's Title IX compliance officer shall investigate, or assure investigation of, complaints or other reports of alleged sexual misconduct by a student. The investigation will be completed in a timely manner and the results of the investigation shall be referred to the student conduct officer for possible disciplinary action.

(2) Informal dispute resolution shall not be used to resolve sexual misconduct complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue the mediation at any time. Mediation shall not be used to resolve complaints involving allegations of sexual violence.

(3) College personnel will honor requests to keep sexual misconduct complaints confidential to the extent this can be done without unreasonably risking the health, safety, and welfare of the complainant or other members of the college community or compromising the college's duty to investigate and process such complaints.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-220, filed 8/10/21, effective 9/10/21. Statutory Authority: RCW 28B.50.140. WSR 14-11-070, § 495C-121-220, filed 5/19/14, effective 6/19/14.

Wash. Admin. Code § 495C-121-225 Initiation of discipline.

(1) Upon receiving the Title IX investigation report from the Title IX compliance officer, the student conduct officer will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX.

(2) If the student conduct officer determines that there are sufficient grounds to proceed under these supplemental procedures, the student conduct officer will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the chair of the student conduct committee and serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

(a) Set forth the basis for Title IX jurisdiction;

(b) Identify the alleged Title IX violation(s);

(d) Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);

(e) Explain that the parties are entitled to be accompanied by their chosen advisors during the hearing and that:

(i) The advisors will be responsible for questioning all witnesses on the party's behalf;

(ii) An advisor may be an attorney; and

(iii) The college will appoint the party an advisor of the college's choosing at no cost to the party, if the party fails to do so.

(3) Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-225, filed 8/10/21, effective 9/10/21.

Wash. Admin. Code § 495C-121-235 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 495C-121-150. In no event will the hearing date be set less than ten days after the Title IX compliance officer provides the final investigation report to the parties.

(2) A party may choose to have an attorney serve as their advisor at the party's own expense. This right will be waived unless, at least five days before the hearing, the attorney files a notice of appearance with the committee chair with copies to all parties and the student conduct officer.

(3) In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether the college intends to offer the evidence at the hearing.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-235, filed 8/10/21, effective 9/10/21.

Wash. Admin. Code § 495C-121-240 Rights of parties.

(1) Clover Park Technical College's student conduct procedures, chapter 495C-121 WAC, and this supplemental procedure shall apply equally to all parties.

(2) The college bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.

(3) The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

(4) During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney. If a party does not choose an advisor, then the Title IX compliance officer will appoint an advisor of the college's choosing on the party's behalf at no expense to the party.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-240, filed 8/10/21, effective 9/10/21.

Wash. Admin. Code § 495C-121-250 Evidence.

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

(1) Relevance: The chair of the student conduct committee shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

(2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

(3) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or

(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.

(4) Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the committee must not rely on any statement by that party or witness in reaching a determination of responsibility.

(5) No negative inference: The committee may not make an inference regarding responsibility solely on a witness's or party's absence from the hearing or refusal to answer questions.

(6) Privileged evidence: The committee shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

(b) Attorney-client and attorney work product privileges;

(d) Privileges applicable to medical providers, mental health therapists, and counselors;

(e) Privileges applicable to sexual assault and domestic violence advocates; and

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-250, filed 8/10/21, effective 9/10/21.

Wash. Admin. Code § 495C-121-260 Initial order.

(1) In addition to complying with chapter 495C-121 WAC, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

(b) Describes the grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(d) Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX;

(e) Contains a statement of, and rationale for, the committee's determination of responsibility for each allegation;

(f) Describes any disciplinary sanction or conditions imposed against the respondent, if any;

(g) Describes to what extent, if any, complainant is entitled to remedies designed to restore or preserve complainant's equal access to Clover Park Technical College's educational programs or activities; and

(h) Describes the process for appealing the initial order to the college president.

(2) The chair of the student conduct committee will serve the initial order on the parties simultaneously.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-260, filed 8/10/21, effective 9/10/21.

Wash. Admin. Code § 495C-121-270 Appeals.

(1) The parties shall have the right to appeal from the initial order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the same procedures and time frames set forth in WAC 495C-121-080.

(2) The president or designee will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether the disciplinary sanction and condition(s) imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth any new disciplinary sanction and/or condition(s).

(3) President's office shall serve the final decision on the parties simultaneously.

History

Statutory Authority: RCW 28B.50.140, United States Department [of] Education 34 C.F.R. Part 106 and chapter 495C-121 WAC. WSR 21-17-056, § 495C-121-270, filed 8/10/21, effective 9/10/21.

Chapter 495C-122 Withholding services for outstanding debts.

Wash. Admin. Code § 495C-122-010 Policy.

If any person, including any staff, student or former student, is indebted to the institution for an outstanding overdue debt, the college need not provide any further services of any kind to such individual, including but not limited to transmitting files, records, transcripts or other services which have been requested by such person.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-122-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-122-020 Notification.

(1) Upon receiving a request for services where there is an outstanding debt due to the college from the requesting person, the college shall notify the person by first-class mail that the services will not be provided since there is an outstanding debt due. The person shall be told that until the debt is satisfied, requested services will not be provided.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before a person designated by the president of the college. The proceeding must be requested within twenty days of the date of mailing notification of refusal to provide services.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-122-020, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-122-030 Procedure for brief adjudicative proceeding.

Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and shall hold an informal hearing concerning whether the individual in fact owes any outstanding debts to the college. The hearing must be conducted within ten working days of the request for a hearing. After the informal hearing, a decision shall be rendered by the president or designee indicating whether in fact the college is correct in withholding services for the outstanding debt. If the outstanding debt is owed by the individual involved, no further services shall be provided. Notification of this decision shall be sent to the individual within five working days after the hearing. This hearing shall constitute a brief adjudicative proceeding established by the Administrative Procedure Act at RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-122-030, filed 9/16/92, effective 10/17/92.

Chapter 495C-130 Tuition and fee schedules.

Wash. Admin. Code § 495C-130-010 Tuition and fee schedules.

Chapter 28B.15 RCW sets the parameters for tuition and fee levels at state community and technical colleges. The legislature then establishes current biennium tuition and fee rates.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-130-010, filed 9/22/92, effective 10/23/92.

Wash. Admin. Code § 495C-130-020 Location of schedules.

Additional and detailed information and specific amounts to be charged for each category of students will be found in the following locations on the Clover Park Technical College campus:

(1) Counseling office;

(2) Financial aid office;

(3) Financial services;

(4) Student records office.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-131, § 495C-130-020, filed 9/22/92, effective 10/23/92.

Chapter 495C-131 Scholarships.

Wash. Admin. Code § 495C-131-010 Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application, and other information regarding scholarships at Clover Park Technical College is located in the Financial Aid Office.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-131-010, filed 9/16/92, effective 10/17/92.

Chapter 495C-132 Financial aid.

Wash. Admin. Code § 495C-132-010 Financial aid.

Federal, state, and private financial aid applications and information may be obtained at the following address:

Financial Aid Office

Clover Park Technical College

4500 Steilacoom Boulevard S.W.

Lakewood, WA 98499-4098

Award of federal and state aid will be made in accordance with applicable federal and state laws and regulations.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-132-010, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-132-010, filed 9/16/92, effective 10/17/92.

Chapter 495C-133 Organization.

Wash. Admin. Code § 495C-133-020 Organization—Operation—Information.

(1) Organization. Clover Park Technical College is established in Title 28B RCW as a public institution of higher education. The college is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the college. The president establishes the structure of the administration.

(2) Operation. The administrative office is located at the following address:

4500 Steilacoom Boulevard S.W.

Lakewood, WA 98499-4098

The office hours as prescribed in the college policy and procedure manual are 8:00 a.m. to 4:30 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following addresses:

South Hill Campus

17214 110th Avenue E.

Puyallup, WA 98374-9509

Washington Corrections Center for Women

9601 Bujacich Rd. N.W.

Gig Harbor, WA 98335-0017

Clover Park Technical College

Natural Resources Laboratory & Research Park

4500 Block of Steilacoom Boulevard S.W.

Lakewood, WA 98499-4098

(3) Information. Additional and detailed information concerning the educational offerings of the college may be obtained from the catalog, copies of which are available at the following address:

4500 Steilacoom Boulevard S.W.

Lakewood, WA 98499-4098

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-133-020, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-133-020, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-133-020, filed 9/16/92, effective 10/17/92.

Chapter 495C-134 Designation of rules coordinator.

Wash. Admin. Code § 495C-134-010 Rules coordinator.

The rules coordinator for Clover Park Technical College shall have an office located at the compliance office, with the following mailing address:

Rules Coordinator

Clover Park Technical College

4500 Steilacoom Boulevard S.W.

Lakewood, WA 98499-4098

History

Statutory Authority: RCW 28B.50.140. WSR 17-20-047, § 495C-134-010, filed 9/29/17, effective 10/30/17. Statutory Authority: RCW 28B.50.140(13). WSR 00-11-108, § 495C-134-010, filed 5/19/00, effective 6/19/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-134-010, filed 9/16/92, effective 10/17/92.

Chapter 495C-141 Use of college facilities.

Wash. Admin. Code § 495C-141-010 Administrative control.

The board of trustees of Clover Park Technical College hereby delegates to the president of Clover Park Technical College authority to establish administrative rules and procedures governing the use of college facilities and to establish facility use schedules where appropriate.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-010, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-020 Definitions.

(1) "College groups" shall mean individuals or groups who are currently enrolled students of Clover Park Technical College or are a recognized student organization or a recognized employee group of the college, or are sponsored by a recognized student organization, employee group or the administration of the college.

(2) "Noncollege groups" shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of Clover Park Technical College and who are not officially affiliated or associated with, or invited guests of, a recognized student organization, a recognized employee group, or the administration of the college.

(3) "College facilities" includes all buildings, structures, grounds, office space, parking lots, vehicles and equipment that are owned or controlled by the college.

(4) "Public use areas" means those areas of each campus that the college has chosen to open as places where noncollege groups may assemble for expressive activities protected by the first amendment, subject to reasonable time, place, or manner restrictions.

(5) "Expressive activities" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of information 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 constitutionally protected assemblies to share information, perspective or viewpoints.

(6) "Chalking" shall mean expressive speech produced by writing or drawing with washable or erasable chalk, or similar media, on a college owned or controlled walkway or pathway used for pedestrian traffic.

(7) "Administrator in charge" shall mean the person who in the absence of the president has the authority and responsibility to act on behalf of the president.

(8) "Approving authority" shall mean the president, vice president for finance and administration, or his or her delegate.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-020, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-030 Statement of purpose.

(1) Clover Park Technical College is an educational institution provided for and maintained by the people of the state of Washington. College facilities are reserved primarily for educational uses including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the college's educational mission. The college is under no obligation to make its public facilities available to the community for private purposes.

(2) The public character of the college does not grant to individuals an unlimited license to engage in conduct that limits, interferes with, or otherwise disrupts the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, Clover Park Technical College designates the common pedestrian walkways, pathways, thoroughfares, and grassy fields as a public use area and limited public forum dedicated to the use of college groups and noncollege groups may use for the limited purposes recited herein and that are further subject to the time, place, and manner limitations and restrictions set forth in this chapter.

(3) The purpose of the time, place, and manner regulations set forth in this chapter is to establish procedures and reasonable controls for the use of college designated public use areas for college and noncollege groups. These regulations are intended to balance the college's responsibility to fulfill its mission as a state educational institution with the interests of college groups and noncollege groups seeking to engage in constitutionally protected speech, assembly, or expression on campus. These regulations govern the use of designated public spaces by college and noncollege groups and are not intended to limit or otherwise infringe upon other expressive rights possessed by these groups.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-030, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-040 Expressive activities—Use of facilities.

(1) Clover Park Technical College designates the common pedestrian walkways, pathways, thoroughfares, and grassy fields as public use limited forum areas subject to the reasonable time, place, and manner limitations set forth in this chapter. Subject to the regulations and requirements of this chapter, both college and noncollege groups may use the campus limited forums for expressive activities Monday through Friday between the hours of 7:00 a.m. and 10:00 p.m.

(2) College groups that seek to engage in expressive conduct in a public use area are encouraged to notify the office of the approving authority no later than twenty-four hours in advance of the event.

(3) Noncollege groups that seek to engage in conduct in a public use area are encouraged to provide notice to the approving authority no later than twenty-four hours in advance of the event.

(4) Notification of a planned event should include:

(a) The name, address and telephone number of the contact person for the individual, group, entity or organization sponsoring the event;

(b) The date, time and requested location of the event;

(d) The estimated number of people expected to attend the event.

(5) Unscheduled events are permitted. Scheduled events shall have priority of use over unscheduled events.

(6) Sound amplification devices, musical instruments, and other noise generating devices must be used at a volume that does not disrupt or disturb the normal use of classrooms, offices, or laboratories, or any previously scheduled college event or activity.

(7) Public areas used for expressive activities shall be cleaned up by the sponsoring group and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring group for the costs of extraordinary cleanup or for the repair of damaged property.

(8) All applicable health and safety regulations shall be obeyed. The college cannot and will not provide utility connections or hook-ups for purposes of expressive activities conducted pursuant to this chapter.

(9) The event must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or the general public.

(10) The event must not materially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The event must not materially infringe on the rights and privileges of college students, employees, or the general public.

(11) There shall be no overnight camping on college facilities or grounds, unless specifically permitted by the college and within the specifications and limits prescribed by the college. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(12) The event must be conducted in accordance with any other applicable college policies and regulations, local ordinances and state or federal laws.

(13) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of or at the request of a college department or office or officially chartered student club or organization which are not in conflict with chapter 42.52 RCW.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-040, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-050 Expressive activities—Distribution of written materials and chalking.

(1) Written materials that are not obscene or libelous and do not incite imminent unlawful conduct may be distributed on campus subject to the following restrictions:

(a) Noncollege groups may distribute written materials on public use area subject to the reasonable time, place, and manner restrictions set forth in WAC 495C-141-070.

(b) College groups may distribute materials on the public use area and may post materials on kiosks and other display areas designated for that purpose.

(c) The sponsoring organization is encouraged, but not required, to include its name and address on the distributed materials.

(2) Only college recognized student groups may perform chalking. Such chalking shall be restricted to the college walkways and pathways used for pedestrian traffic.

(3) Bulletin boards, display cases, and brochure racks are not public forums and are reserved exclusively for use by college departments and offices in furthering the teaching and learning interests of the college.

(4) Trees, bushes, garden areas, outdoor learning labs, windows, doors, parking lots, median strips, buildings and similar spaces and edifices are not public forums. Therefore signs, posters, banners, placards, notices, announcements, and similar materials may not be posted on them except by a college office or department and then only for official college business.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-050, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-060 Primary uses of college facilities.

When allocating use of college facilities, priority shall be given to activities related to the college's mission. No arrangements will be made that may interfere with or operate to the detriment of, the college's own instructional, research, or public service programs. In particular, college buildings, properties, and facilities, including those assigned to student programs, are used primarily for:

(1) The regularly established instructional, research, or public service activities of the college and its departments;

(2) Cultural, educational, or recreational activities of the students, faculty, or staff;

(3) Short courses, conferences, seminars, or similar events, conducted either in the public service or for the advancement of specific departmental professional interests, when arranged under the sponsorship of the college or its departments;

(4) Public events of a cultural or professional nature brought to the campus at the request of college departments or committees and presented with their active sponsorship and active participation; or

(5) Activities or programs sponsored by educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and do not violate requirements of chapter 42.52 RCW.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-060, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-070 Use of facilities by recognized student organizations.

College facilities shall be assigned to recognized student organizations for regular business meetings, social functions and for programs open to the public, subject to prior approval by the approving authority. Any recognized campus student organization may invite speakers from outside the college community. The appearance of such speakers on the campus does not represent an endorsement by the college, its students, staff, administration, or the board of trustees, implicitly or explicitly, of the speaker's views.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-070, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-080 Facility use policy.

Clover Park Technical College buildings, rooms, and athletic fields may be used by noncollege groups in accordance with the college's facilities use policy. When renting or using college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect Clover Park Technical College against cost or other liability in accordance with the college's facility use policy. When Clover Park Technical College grants permission to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-080, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-090 Facility use fees.

The basis for establishing and charging facility use fees reflects the college's assessment of the present market, the cost of operations, and an evaluation of the intended purpose and its relationship to the purposes of this college.

(1) College groups shall be charged at the lowest charge on the rental fee schedule which may include complimentary use.

(2) Noncollege groups shall be charged at a facility use fee not less than the full and fair market commercial rental value of premises used.

(3) The current facility use fee schedule is available from the approving authority.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-090, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-100 Rental application.

(1) Usually, at least seven working days before the date of intended use of any college facility, an authorized representative of the requesting organization must submit proper and complete written application, which may be obtained through the college's event services office.

(2) The college reserves the right to make pricing changes without prior written notice.

(3) Use of a facility is limited to the facilities specified on the agreement.

(4) College events and activities take priority in the use of college facilities.

(5) Organizations using Clover Park Technical College's facilities shall conduct all activities in accordance with applicable local, state, and federal laws including all rules and policies of the college.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-100, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-110 Supervision.

(1) An adult twenty-one years of age or older must sign a facility use agreement in order to use college facilities pursuant to these rules. Signatories of the facility use agreement as well as adult-age organization leaders are responsible for group conduct and are expected to remain with their group during activities.

(2) If because of the nature of the event or of the facilities rented, the college determines it is necessary that it provide supervision or security, a college staff member and/or college security member will represent the college at the event. Such service shall be paid at the current rate, by the organization requesting use of the facility, and does not relieve the organization from safeguarding the college's property. College personnel will open and lock all rented facilities. Keys to buildings or facilities will not be issued or loaned on any occasion to any organization with the exception of keys to designated off-campus locations.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-110, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-120 Weapons.

Weapons: Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus, subject to the following exceptions:

(1) Commissioned law enforcement personnel or legally authorized military personnel while in performance of their duties;

(2) Persons with legally issued concealed weapons permits may store their weapons in vehicles parked in accordance with RCW 9.41.050 on campus provided the vehicle is locked and the weapon is concealed from view;

(3) The approving authority may grant permission to bring a weapon on campus upon a showing that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to any terms or conditions incorporated therein; or

(4) Defensive weapons used by college security officers.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-120, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-130 Prohibited conduct.

(1) The use or possession of unlawful drugs or narcotics, not medically prescribed, on college property or at college functions, is prohibited. Students under the influence of intoxicants, unlawful drugs or narcotics while in college facilities are subject to disciplinary action.

(2) The use or possession of marijuana, including medically prescribed marijuana, is a violation of federal law and is therefore prohibited.

(3) Clover Park Technical College facilities are smoke free. The use of tobacco, electronic cigarettes, and related products is prohibited on college premises or in any location where such use is prohibited, including twenty-five feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased or operated by the college. "Related products" includes, but is not limited to cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff. The use of tobacco and electronic smoking devices is approved at designated outdoor sites.

(4) Destruction of college property is prohibited.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-130, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-140 Prohibition of animals.

Animals are not permitted in college owned or controlled facilities except service animals, animals performing a support function to law enforcement agencies, or animals approved by the president or designee. Animals that fail to meet the following conditions may be permanently or temporarily banned from campus:

(1) Animals shall be leashed or under the direct physical control of their handlers.

(2) Animal handlers are responsible to clean up after their animal.

(3) Animals that exhibit inappropriate social behavior such as:

(a) The animal is sick, unclean or malodorous; or

(b) The animal's behavior is disruptive, e.g., barking, growling, running loose, displaying aggressive behavior; or

(4) If such circumstances or behaviors persist, college officials may direct the handler not to bring the animal onto campus. The handler may remain on campus and participate in activities, but the animal will not be allowed to return unless or until the issues have been resolved.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-140, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 495C-141-150 Violation of rules.

(1) Where college space is used for an authorized function (such as a class or a public or private meeting under approved sponsorship, administrative functions or service related activities), groups must obey or comply with the lawful directions of the designated administrative officer or individual in charge of the meeting.

(2) The administrator in charge shall make the decision to close down an event or activity that she or he deems to be in violation of these rules.

(3) Noncollege groups who violate these regulations will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the administrator in charge to leave the college property. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college facilities of the person or group of persons requested to leave, and subject such individuals to arrest under the trespass provisions of chapter 9A.52 RCW or municipal ordinance. If an event is canceled due to such violations, the organization is responsible for all college costs and expenses in preparing the facility for its use, as well as subsequent costs and expenses for cleanup and repair of college facilities.

(4) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with established college policies.

(5) If a college facility abuts a public area or street, and if student activity, although on public property, unreasonably interferes with ingress and egress to college buildings, the college has jurisdiction to act under the student conduct code, chapter 495C-121 WAC.

(6) Persons who violate college policies may be asked to leave the property by the approving authority. Remaining on or reentering the property after such event shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

(7) The college may restrict an individual's or a group's use of college facilities, if that person or group has, in the past, violated provisions of this chapter, including owing a debt to the college for failure to pay for previous damages or leases. Such restriction shall be part of any no trespass or disciplinary proceeding as a result of such violation.

(8) The college reserves the right to request the assistance of appropriate law enforcement agencies in situations involving criminal actions in violation of this chapter.

(9) The college reserves the right to seek civil remedy for violations of this chapter.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-141-150, filed 8/1/19, effective 9/1/19.

Chapter 495C-168 Use of library—Fines.

Wash. Admin. Code § 495C-168-010 Title.

WAC 495C-168-010 through 495C-168-060 will be known as the library-resource center code of Clover Park Technical College.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-168-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-168-020 Loans.

Materials from the college library/F.V. Miner Resource Center are checked out only to the following groups.

(1) All currently registered students of the college;

(2) All current staff members;

(3) All holders of currently valid courtesy cards. This latter group includes members of the board of trustees, community educators whose work might necessitate usage of library-media materials, and other individuals who show a particular need for specialized items in the library-media collections which are not available elsewhere;

(4) Students from other institutions with which the college library-media center has a reciprocal lending agreement through a "shared use plan." This group may use materials on a loan basis at the discretion of the circulation supervisor who will determine lending priorities based upon the current usage of individual items by Clover Park Technical College students.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-168-020, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-168-020, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-168-030 Fines.

In cases where damage or loss of library material is evident, the offending patron will be assessed the replacement cost. In other instances where library-media materials are retained by the borrower beyond the designated due date, fines may be levied as a sanction to effect the prompt return of items which may be in demand by others.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-168-030, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-168-040 Student handbook.

Information governing the operation of the library center is included in the student handbook and the college Policy and Procedure Manual.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-168-040, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-168-040, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-168-050 Inspection.

The library shall have the right to inspect packages, brief cases, containers, articles, and materials leaving the building to prevent the unauthorized removal of library resources. The inspection may be done by persons or devices designed to detect unauthorized removals.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-168-050, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-168-060 Prohibited entry.

The library shall have the right to prevent entry of foods and beverages, animals or other things detrimental to the library purpose.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-168-060, filed 9/16/92, effective 10/17/92.

Chapter 495C-276 Access to public records.

Wash. Admin. Code § 495C-276-010 Purpose.

The purpose of this chapter is to ensure that Clover Park Technical College complies with the provisions of chapter 42.17 RCW and in particular with those sections of that chapter dealing with public records.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-020 Definitions.

(1) "Public record" includes any writing containing information relating to the conduct of government 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" 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, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

(3) "Clover Park Technical College" is an agency organized by statute pursuant to RCW 28B.50.040. Clover Park Technical College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-020, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-030 Description of central and field organization of Clover Park Technical College District No. 29.

(1) Clover Park Technical College is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located on the college campus within the county of Pierce, Washington. The college campus likewise comprises the central headquarters for all operations of the district. Field activities for the branch campuses of the district are administered by personnel located at the Clover Park Technical College main office at 4500 Steilacoom Boulevard Southwest in Lakewood, Washington.

(2) The district is operated under the supervision and control of a board of trustees. The board of trustees consists of five members appointed by the governor. The board of trustees normally meets at least once each month, as provided in WAC 495C-104-010. The board of trustees employs a president, an administrative staff, instructors, and other employees. The board of trustees takes such actions and promulgates such rules, and policies in harmony with the rules established by the state board for community and technical colleges, as are necessary to the administration and operation of the district.

(3) The president of the district is responsible to the board of trustees for the operation and administration of the district. A detailed description of the administrative organization of the district is contained within the Policy and Procedure Manual for Clover Park Technical College, a current copy of which is available for inspection at the administrative office of the district.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-276-030, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-030, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-040 Operations and procedures.

(1) Formal decision-making procedures are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.

(2) Informal decision-making procedures at the college, as established by the board of trustees, are set forth in the Policy and Procedure Manual of Clover Park Technical College, a current copy of which is available for inspection at the administrative office of the district.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-276-040, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-040, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-050 Public records available.

All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310 or other statutes.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-050, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-060 Public records officer.

The district's public records shall be in the charge of the public records officer designated by the president. The person so designated shall be located in the district administrative office. The public records officer shall be responsible for the following: Implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter 42.17 RCW.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-276-060, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-060, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays and holidays established by the college calendar.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-070, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-080 Requests for public records.

In accordance with the requirements of RCW 42.17.290 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are only obtainable by members of the public when those members of the public comply with the following procedures:

(1) A request shall be made in writing on the district's request form found on the public records page of the college's website or by letter, fax, or email addressed to the public records officer or designee. The request shall include the following information:

(a) The name of the requestor;

(b) The address of the requestor and/or other contact information such as telephone number and email address;

(d) An appropriate description of the record(s) requested.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or designee, to provide the fullest assistance to the requestor and to provide the most timely possible action.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-276-080, filed 8/1/19, effective 9/1/19. Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-276-080, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-080, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-090 Copying.

(1) No fee shall be charged for the inspection of public records.

(2) The following copy fees and payment procedures apply to requests to the district under chapter 42.56 RCW and received on or after July 31, 2017.

(3) Pursuant to RCW 42.56.120 (2)(b), the district is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The district does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b), (c), (3) and (4).

(4) The district will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The district will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the district may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The district may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the district are summarized in the fee schedule available on the district's website.

(5) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(6) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.

(7) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The district will notify the requestor of when payment is due.

(8) Payment should be made by check or money order to Clover Park Technical College.

(9) The district will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-276-090, filed 8/1/19, effective 9/1/19. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-090, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-100 Determination regarding exempt records.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure.

(2) The district is prohibited by statute from disclosing lists of individuals for commercial purposes.

(3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the person requesting the public record is notified within five business days as to whether his or her request for a public record will be honored.

(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

History

Statutory Authority: RCW 28B.50.140. WSR 19-16-095, § 495C-276-100, filed 8/1/19, effective 9/1/19. Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-276-100, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-100, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-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 which constituted or accompanied the denial.

(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president or designee.

(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president or designee, shall complete such review.

(4) During the course of the review the president or designee shall consider the obligations of the district to comply with the intent of chapter 42.17 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW 42.17.310 or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-110, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-120 Protection of public records.

Requests for public records shall be made at the administrative office of the district at 4500 Steilacoom Boulevard Southwest, Lakewood, Washington. 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. Copies of such records may be arranged according to the provisions of WAC 495C-276-090.

History

Statutory Authority: RCW 28B.50.140(13). WSR 00-12-019, § 495C-276-120, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-120, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-276-130 Records index.

(1) The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after September 1, 1991:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

(2) The current index maintained by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-276-130, filed 9/16/92, effective 10/17/92.

Chapter 495C-300 Grievance rules—Discrimination and harassment.

Wash. Admin. Code § 495C-300-010 Preamble.

Clover Park Technical College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act, and Washington state's law against discrimination, chapter 49.60 RCW and their implementing regulations. To this end, Clover Park Technical College has enacted policies prohibiting discrimination against and harassment of members of these protected classes.

Any employee, applicant, student or visitor of the college may file a complaint. Complaints may be submitted in writing or verbally. The college encourages the timely reporting of any incidents of discrimination or harassment to the college's Title IX coordinator or via the form provided on the college's website.

History

Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-300-010, filed 2/22/16, effective 3/24/16. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-300-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-300-030 Investigation procedure.

Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The Title IX/equal educational opportunity (EEO) coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX/EEO coordinator or his or her designee. If the investigation is assigned to someone other than the Title IX/EEO coordinator, the Title IX/EEO coordinator shall inform the complainant and respondent(s) shall be notified of the appointment of the investigator.

Interim measures. The Title IX/EEO coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no-contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the college's student conduct code or the college's employment policies and collective bargaining agreements.

Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX/EEO coordinator. The Title IX/EEO coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the student conduct code or college employment policies and collective bargaining agreements.

Written notice of decision. The Title IX/EEO coordinator will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action. Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA confidentiality requirements.

Informal dispute resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Final decision/reconsideration. Either the complainant or the respondent may seek reconsideration of the decision by the Title IX/EEO coordinator. Requests for reconsideration shall be submitted in writing to the Title IX/EEO coordinator within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven days, the decision becomes final. If a request for reconsideration is received, the Title IX/EEO coordinator shall respond within fourteen days. The Title IX/EEO coordinator shall either deny the request or, if the Title IX/EEO coordinator determines that the request for reconsideration has merit, issue an amended decision. Any amended decision is final and no further reconsideration is available.

History

Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-300-030, filed 2/22/16, effective 3/24/16. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-300-030, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-300-040 Other remedies.

ADDITIONAL COMPLAINT OPTIONS

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:

• Lakewood Police Department, 253-830-5000

• Pierce County Sheriff, 253-798-4721 (select option 1)

The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

OTHER DISCRIMINATION COMPLAINT OPTIONS

Discrimination complaints may also be filed with the following federal and state agencies:

Washington State Human Rights Commission

http://www.hum.wa.gov/index.html

U.S. Department of Education Office for Civil Rights

http://www2.ed.gov/about/offices/list/ocr/index.html

Equal Employment Opportunity Commission

http://www.eeoc.gov/

History

Statutory Authority: RCW 28B.50.140. WSR 16-06-026, § 495C-300-040, filed 2/22/16, effective 3/24/16. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-300-040, filed 9/16/92, effective 10/17/92.

Chapter 495C-310 Grievance procedures—Handicapped.

Wash. Admin. Code § 495C-310-010 Preamble.

Clover Park Technical College is covered by section 504 of the Rehabilitation Act of 1973 prohibiting discrimination on the basis of handicap in education. Applicants for admission, enrolled students, applicants for employment, or employees of Clover Park Technical College who believe they have been discriminated against on the basis of handicap may lodge an institutional grievance by following the procedures below.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-310-010, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-310-020 Informal procedure.

All employees and students should feel free to discuss perceived discrimination with the individual immediately in charge, such as the first-line supervisor or instructor, to see if the situation can be resolved informally. Employees and students may also consult directly with the college affirmative action officer or designee without making a formal written complaint, and this consultation may be considered confidential. Employees and students are not required to use the informal process and may go directly to the formal procedure.

Any college official receiving a discrimination complaint shall contact the affirmative action officer or designee as soon as reasonably convenient. The college official shall arrange for the complainant to receive a copy of the grievance procedure.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-310-020, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-310-030 Formal procedure.

Step one: Employees and students must make a written complaint concerning discriminatory behavior to the affirmative action officer or designee.

(1) Complaints may be held in confidence. Formal action against the person accused may not be taken on behalf of the complainant unless the complainant consents to be identified to the one accused in connection with the investigation.

(2) Complainants may bring persons of their choice to the initial or subsequent complaint meetings.

(3) The affirmative action officer or designee shall give a copy of these regulations and any applicable board policy to the person making the formal complaint and to the accused.

(4) The result of that consultation and any investigation made may be communicated to the complainant before any further action is taken.

(5) An informal hearing may be substituted for investigation if the complainant and the accused agree. The affirmative action officer or designee will be responsible for investigating the complaint and discussing the complaint with the accused. The affirmative action officer will make a written recommendation to the president within a reasonable time following the close of the investigation or hearing.

(6) Appropriate corrective measures will be decided by the president of the college upon consultation with the affirmative action officer and the appropriate administrators or supervisors involved. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through the appropriate staff grievance procedures, if they are covered by an agreement, or the student disciplinary code.

(7) Information will be entered in the personnel or student file only to the extent that a formal reprimand or other disciplinary action has been taken. If no disciplinary action is taken, the affirmative action officer will keep a record of the investigation accessible to the president, the complainant and the accused for a period of three years and then that record will be destroyed. If a formal complaint is filed with an outside state or federal agency, files will be maintained until the complaint is resolved. When such files are used, written notice will be placed in the file indicating the person using the file and the date used.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-310-030, filed 9/16/92, effective 10/17/92.

Wash. Admin. Code § 495C-310-040 Other remedies.

These procedures, outlined in WAC 495C-310-010 through 495C-310-030, are internal college procedures and, as such, serve to resolve complaints within the college's administrative framework. These procedures do not replace an individual's timely complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington state human rights commission.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-310-040, filed 9/16/92, effective 10/17/92.

Chapter 495C-325 State Environmental Policy Act rules.

Wash. Admin. Code § 495C-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Clover Park Technical College that all actions taken by the district shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act), chapters 197-11 and 132-24 WAC.

(2) The president of the district or designee shall be responsible for administering and implementing this policy.

History

Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. WSR 92-19-091, § 495C-325-010, filed 9/16/92, effective 10/17/92.