Title 132b WAC — Grays Harbor College

Chapter 132B-104 Board of trustees.

Wash. Admin. Code § 132B-104-010 Time and place of board meetings.

The board of trustees shall hold one regular meeting on the third Monday of every odd-numbered month, except July, at 3:30 p.m., and such special meetings as may be requested by the chair 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 the board room of the college at Aberdeen, Washington, unless scheduled elsewhere, and shall be open to the general public, except for lawful executive sessions.

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

History

Statutory Authority: RCW 28B.50.140(13), 34.05.220 (1)(b) and 42.17.250 (1)(a) and (b). WSR 92-08-043, § 132B-104-010, filed 3/25/92, effective 4/25/92.

Chapter 132B-108 Practice and procedure.

Wash. Admin. Code § 132B-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, as now or hereafter amended, are hereby adopted for use at Grays Harbor 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 adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-010, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-108-020 Appointment of presiding officers.

The president or president's 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 his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-020, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-108-030 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-030, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-108-040 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:

Office of the President

Grays Harbor College

1620 Edward P. Smith Drive

Aberdeen, WA 98520

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

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-040, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-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 hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;

(2) Challenges to contents of education records;

(3) Student conduct proceedings. The procedural rules in chapter 132B-120 WAC apply to these proceedings;

(4) Outstanding debts owed by students or employees;

(5) Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 132B-120 WAC.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-050, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-108-060 Discovery.

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

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-060, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-108-070 Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should 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 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 therefor in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-070, filed 4/9/92, effective 5/10/92.

Wash. Admin. Code § 132B-108-080 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132B-108-070, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 92-09-041, § 132B-108-080, filed 4/9/92, effective 5/10/92.

Chapter 132B-122 Withholding services for outstanding debts.

Wash. Admin. Code § 132B-122-010 Withholding services for outstanding debts.

If any person, including faculty, staff, student, or former student, is indebted to the institution for an outstanding overdue debt, the institution 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 any such person. The institution also reserves the right to off set any funds received from an individual against an outstanding overdue debt.

Upon receipt of such a request for services where there is an outstanding debt due the institution from that person, the institution shall notify the person, in writing, that the services will not be provided since there is an outstanding debt due the institution, and further that until that debt is satisfied, no such services will be provided the individual. When the institution exercises its right of off set, the institution shall notify the person, in writing, of the amount applied and balance due, if any.

The notification referred to above shall also inform the individual that he has a right to a hearing before a person designated by the president of the institution if he believes the records of the institution are incorrect concerning his indebtedness. The notification shall also indicate that the request for the hearing must be made within ten days from the date of the notification.

Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the institution available for review and, at that time, shall hold an informal hearing concerning whether the individual owes or owed any outstanding debts to the institution. After the informal hearing, a decision shall be rendered by the president's designee indicating whether the institution is correct in withholding services and/or applying off set for the outstanding debt. If the outstanding debt is found to be owed by the individual involved, the off set shall remain applied and/or no further services shall be provided. Notification of this shall be sent to the individual within five days after the hearing. This decision shall constitute an informal proceeding established by the institution pursuant to the Higher Education Administrative Procedure Act as defined in RCW 28B.19.110.

History

Statutory Authority: RCW 28B.19.110. WSR 85-08-025 (Resolution No. 3-85), § 132B-122-010, filed 4/1/85.

Chapter 132B-125 Student conduct code.

Wash. Admin. Code § 132B-125-100 Purpose.

The purpose of these rules is to prescribe standards of conduct for students of Grays Harbor College. Violations of these standards may be cause for disciplinary action as described in this code. This code will be made available to students online or, when requested, paper copies will be made available.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-100, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-105 Authority.

The board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the student conduct officer or their designee. Unless otherwise specified, the student conduct officer or designee shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-105, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-110 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 federal and state law and college rules, policies, and procedures:

(1) Academic freedom.

(a) Students are guaranteed rights of free inquiry, expression and peaceful 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) (College board—Powers and duties), available space in the class, and meeting any required prerequisites.

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

(d) Students are 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.

(2) Nondiscrimination. Students have the right not to be discriminated against on the basis of age, color, creed, disability, gender, gender identity and expression, marital status, national origin or ancestry, race, religion, sexual orientation, or veteran status, or any other legally protected class.

(3) Due process.

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

(b) A student accused of violating this code of student conduct is entitled to procedural due process as set forth in this chapter.

(4) Right to assembly. Students shall have the right of assembly upon college facilities that are generally available to the public provided such assemblies are in compliance with procedures established in Administrative Procedure 516.03, Rules for Use of Campus as Public Forums, and other behavioral expectations outlined in the code of conduct.

(5) Grievances. Students have the right to express and resolve misunderstandings, complaints and grievances according to the stated process in WAC 132B-125-500 Student complaint, grievance, and grade appeal policy and procedures.

(6) Conduct code revision. The associated students of Grays Harbor College has the right to participate in the formulation and review of all policies and rules pertaining to student conduct.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-110, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-115 Student responsibilities.

Students who choose to attend Grays Harbor College also choose to participate actively in the learning process offered by the college. The college is responsible for providing its students with an educational environment rich in the high quality resources needed by students to attain their educational goals. In return, the college expects each student assume responsibility to:

(1) Participate actively in the learning process, both in and out of the classroom;

(2) Seek timely assistance in meeting educational goals;

(3) Attend all class sessions;

(4) Prepare adequately to participate fully in class activities;

(5) Participate actively in the academic advising system;

(6) Develop skills required for learning, e.g., basic skills, time management, and study skills;

(7) Assume final responsibility for the selection of appropriate educational goals;

(8) Select courses appropriate and required for meeting chosen educational goals;

(9) Make appropriate use of services;

(10) Contribute towards improving the college;

(11) Become knowledgeable of and adhere to the college's policies, practices and procedures; and

(12) Abide by the standards set forth in the code of conduct.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-115, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-120 Prohibited student conduct.

The college may impose disciplinary sanctions against a student who commits, attempts to commit, aids, abets, incites, encourages, or assists another person to commit, an act(s) of misconduct which include, but are not limited to, the following:

(1) Academic dishonesty. Any act of academic dishonesty including, but not limited to, cheating, plagiarism, and fabrication.

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

(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. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

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

(d) Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each faculty member's course syllabus. Further academic consequences may follow consistent with the provisions in any program handbook. Incidents of academic dishonesty may also be referred to the student conduct officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

(e) This section shall not be construed as preventing an instructor from taking immediate disciplinary action as provided herein where the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom.

(2) Alcohol, drug, and tobacco violations.

(a) Alcohol. The 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. The use, possession, delivery, or sale of marijuana or the psychoactive compounds found in marijuana intended for human consumption, regardless of form, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises 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, Legend drugs—Prescription drugs, or any other controlled substance under chapter 69.50 RCW, Uniform Controlled Substances Act, except as prescribed for a student's use by a licensed practitioner.

(d) Tobacco, electronic cigarettes, and related products. The use of tobacco, electronic cigarettes, and related products in any building owned, leased or operated by the college 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. The use of tobacco, electronic cigarettes, and related products on the college campus is restricted to designated smoking areas. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, vaporizers, and snuff.

(3) Assault, intimidation, harassment. Unwanted touching, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property. For purposes of this code, "bullying" is defined as repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates the victim.

(4) Classroom conduct. Classroom conduct that seriously interferes with either the instructor's ability to conduct the class or the ability of other students to profit from the instructional program.

(a) Faculty have the authority to take appropriate action to maintain proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

(b) A faculty member may order a student removed for the single class session in which disruptive conduct occurs. The instructor will report any such removal from the class to the student conduct officer, or their designee, immediately following the class. The student conduct officer services or designee may initiate further conduct proceedings as provided in this procedure.

(c) The student is automatically permitted to return to the next class session pending the outcome of any investigation or disciplinary hearings by the student conduct officer. If the student repeats behavior in any class session that again disrupts the normal classroom procedure, the student may be ordered removed again for that class session by the instructor who shall again report the infraction to the student conduct officer in writing. In all cases involving classroom disruption, the student conduct officer will proceed with the investigation and any disciplinary actions as quickly as possible consistent with the procedural requirements established in this code.

(d) The student conduct officer or designee may set conditions for the student to meet upon return to the classroom or may enforce a continued removal from class pending an investigation. The student has the right to appeal any disciplinary action of an instructor or college employee to the student conduct officer in accordance with the procedures set forth in this code.

(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, social media sites, and other communication apps, to harass, abuse, bully, or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus or malware, sending false messages to third parties using another's identity, nonconsensual recording of sexual activity or sexually explicit or intimate images as defined in RCW 9A.86.010, and nonconsensual distribution or disclosing of a recording of sexual activity or sexually explicit or intimate images as defined in RCW 9A.86.010.

(6) Discriminatory conduct. Conduct which harms or adversely affects any member of the college community because of their race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age (40+); religion; creed; sexual orientation; gender identity and expression; veteran's status; or any other legally protected classification.

(7) Ethical violation. The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal or major.

(8) Failure to comply with directive. Failure to comply with the direction of college officer or employee acting in the legitimate performance of their duties, including failure to properly identify oneself to such a person when requested to do so.

(9) Harassment.

(a) 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.

(b) 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 and expression; 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 communications.

(10) Hazing. Hazing includes, but is not limited to, any initiation into a student organization, or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm to any student, regardless of whether the victim has consented.

(11) Lewd conduct. Conduct which is lewd or obscene that is not otherwise protected under the law.

(12) Misuse of electronic resources. Theft or misuse of computer time or other electronic information resources of the college. Such misuse includes, but is not limited to:

(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, abusive, threatening, or harassing 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;

(i) Use of college electronic resources to intentionally disseminate viruses, destructive, malicious or invasive programs;

(j) Failure to comply with the college's electronic use policy; or

(k) Illegal peer-to-peer file sharing or distribution of copyrighted works using campus resources. In addition to code of conduct sanctions, students may be subject to criminal and civil penalties if they engage in such unauthorized activity.

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

(14) Obstructive or disruptive conduct. Conduct, not otherwise protected by law, that interferes with, impedes, or otherwise unreasonably hinders:

(a) Instruction, research, administration, disciplinary proceeding, or other college activities, including the obstruction of the free flow of pedestrian or vehicular movement on college property or at a college activity; or

(b) Any activity that is authorized to occur on college property, whether or not actually conducted or sponsored by the college.

(c) The person in charge of any college office, department, or facility is responsible for conduct in that office, department, or facility and is authorized to take such steps as are necessary when behavior of the student disrupts the normal operations. The person in charge may order a student removed for up to the full day in which such disruptive behavior occurs. When such behavior results in such removal from an office, department, or facility, the person in charge must report the infraction in writing to the student conduct officer at the earliest opportunity. The student is automatically permitted to return the next day pending the outcome of any investigation or disciplinary hearings by the student conduct officer. If the student repeats behavior at any time in the future that again disrupts the normal operations, the student may be ordered removed again for a single day by the person in charge who shall again report the infraction to the student conduct officer in writing. In all cases involving office, department, or facility disruption, the student conduct officer will proceed with the investigation and any disciplinary actions as quickly as possible consistent with the procedural requirements established in this code.

(d) The student has the right to appeal any disciplinary action of a college employee to the student conduct officer in accordance with the procedures set forth in this code.

(15) Other dishonesty. Any other acts of dishonesty. Such acts include, but are not limited to:

(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 information, in response to the request or requirement of a college officer or employee.

(16) Property violation. Damage to, misappropriation of, unauthorized use or possession of, vandalism, or other nonaccidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.

(17) Retaliation. Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of this code or college policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a college investigation or disciplinary proceeding.

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

(19) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in WAC 132B-125-405 Prohibited conduct under Title IX.

(a) Sexual harassment. The term "sexual harassment" means unwelcome sexual or gender based conduct, including unwelcome sexual advances, requests for sexual favors, quid pro quo harassment, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently severe, persistent, or pervasive as to:

(i) Deny or limit the ability of a student to participate in or benefit from the college's educational program;

(ii) Alter the terms or conditions of employment for a college employee(s); and/or

(iii) Create an intimidating, hostile, or offensive environment for other 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 the distribution of such recording.

(c) Sexual violence. "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. 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.

(ii) 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.

(iii) 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.

(iv) Statutory rape. Consensual intercourse between a person who is eighteen years of age or older, and a person who is under the age of sixteen.

(v) 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.

(vi) 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.

(vii) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(A) Fear for their safety or the safety of others; or

(B) Suffer substantial emotional distress.

(d) For purposes of this code, "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 they are unable to understand what is happening or are 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.

(20) Student procedure violations. Abuse or misuse of any of the procedures relating to student complaints or misconduct including, but not limited to:

(a) Failure to obey a subpoena;

(b) Falsification or misrepresentation of information;

(d) Interfering with someone else's proper participation in a proceeding;

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

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

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

(21) Unauthorized access. Unauthorized possession, duplication, or other use of a key, keycard, code or other restricted means of access to college property, unauthorized entry onto or into college property, or entering or remaining in any closed college facility or entering after closing time of the college facility without permission of a college official. In situations of apparent misconduct or apparent unauthorized presence in a college facility, it may be necessary for properly identified college personnel to ask a person to produce evidence of being a currently enrolled student at the college. Failure to comply with a legitimate request for identification from properly identified college personnel is a violation of this code and may result in a disciplinary action if the person is found to be a student. In emergency situations, cases of misconduct, or where there is a substantial danger to the college community or college property, failure to produce identification by a student may result in the assumption by college personnel that the person questioned is not a student and may result in direct civil or criminal action.

(22) Unauthorized use. Unauthorized use of college equipment, facilities or supplies. Use of college equipment, facilities, supplies, or computer systems for personal gain without proper authority.

(23) 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:

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

(b) A student with a valid concealed weapons permit may store a pistol in their vehicle parked on campus in accordance with RCW 9.41.050 Carrying firearms, provided the vehicle is locked and the weapon is concealed from view; or

(c) The president may grant permission to bring a weapon on campus upon a determination that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to such terms or conditions incorporated in the written permission.

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

(24) Violation of other laws or policies. Violation of any federal, state, or local law, rule, or regulation or other college rules or policies, including college traffic and parking rules.

(25) Intentionally encouraging, compelling, attempting, aiding, abetting, conspiring, hiring or being an accessory to commit any of the foregoing acts of misconduct.

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 reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-120, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-125 Disciplinary sanctions.

More than one sanction may be imposed for any single violation as appropriate. The following disciplinary sanctions may be imposed upon students found to have violated the student conduct code:

(1) Disciplinary warning. A verbal statement to a student that there is a violation and that continued violation may be cause for further disciplinary action.

(2) Written reprimand. Notice in writing that the student has violated one or more terms of this code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action.

(3) Disciplinary probation. Formal action placing conditions and restrictions upon the student's continued attendance, depending upon the seriousness of the violation, and which may include a deferred disciplinary sanction. If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction which may include, but is not limited to, a suspension or dismissal from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time, or may be for the duration of the student's attendance at the college.

(4) Disciplinary suspension. Dismissal from the college and from student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken. Access may be denied to all or part of college facilities.

(5) Discretionary sanctions. These may include, but are not limited to:

(a) Work assignments;

(b) Service to college or community;

(d) Other discretionary assignments, such as educational interventions intended as learning experiences.

(6) Loss of recognition. A student organization's recognition may be withheld permanently or for a specific period of time. Loss of recognition is defined as withholding college services or administrative approval for a student organization. Loss of recognition may include, but is not limited to, withdrawal of use of information technology resources, funding, college facility use and rental, and involvement in organizational activities.

(7) Loss of privileges. Loss of specific college privileges for a specified period of time. These may include, but are not limited to, student activities, athletic events, drama or music performances, or club participation.

(8) No contact order. An order directing a student to have no contact with a specified student, college employee, a member of the college community, or a particular college facility.

(9) No trespass. A student may be prohibited from entering upon or remaining upon college facilities and premises. Refer to WAC 132B-125-205 Trespass.

(10) Revocation of admission or degree. Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation or for other serious violations committed by a student.

(11) Dismissal. The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which the action is taken.

Disciplinary terms and conditions that may be imposed alone or in conjunction with the imposition of a disciplinary sanction include, but are not limited to, the following:

(1) Restitution. Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of monetary reimbursement, appropriate service, or other compensation.

(2) Professional evaluation. Referral for drug, alcohol, psychological or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student's return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

(3) Not in good standing. A student may be deemed "not in good standing" with the college. If so, the student shall be subject to the following restrictions:

(a) Ineligible to hold an office in any student organization recognized by the college or to hold any elected or appointed office of the college.

(b) Ineligible to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation.

(4) Disqualification from athletics. Any student found by the college to have violated this is subject to additional sanctions, including disqualification from college-sponsored athletic events.

(5) Hazing sanction. Any student found to have violated RCW 28B.10.900 related to hazing, by virtue of a criminal conviction or by final decision of the college president or designee shall, in lieu of, or in addition to, any other disciplinary action which may be imposed under this chapter, forfeit any entitlement to state-funded grants, scholarships, or awards of a period of time determined by the college.

In addition, any organization or association found to have knowingly permitted 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.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-125, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-200 Summary suspension.

(1) Summary suspension is a temporary exclusion from specified college premises or denial of access to all activities or privileges for which a respondent might otherwise be eligible, while an investigation and/or formal disciplinary procedures are pending. Summary suspension may include no contact orders.

(2) The student conduct officer may impose a summary suspension if there is probable cause to believe that the respondent:

(a) Has been alleged of violating any provision of the code of conduct; and

(b) Presents an immediate danger to the health, safety, or welfare of members of the college community; or

(3) Notice. Any respondent who has been summarily suspended shall be served with oral or written notice of the summary suspension. If oral notice is given, a written notification shall 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 conduct giving rise to the summary suspension and reference to the provisions of the student conduct code or the law allegedly violated;

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

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included that warns the student that their privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

(4) Summary suspension hearing.

(a) The student conduct officer shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension. The hearing will be conducted as a brief adjudicative proceeding.

(b) During the summary suspension hearing, the issue before the student conduct officer is whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope.

(c) The respondent shall be afforded an opportunity to explain why summary suspension should not be continued while disciplinary proceedings are pending or why the summary suspension should be less restrictive in scope.

(d) If the student fails to appear at the designated hearing time, the conduct review officer may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings.

(e) As soon as practicable following the hearing, the student conduct officer shall issue a written decision which shall include a brief explanation for any decision continuing and/or modifying the summary suspension and notice of any right to appeal.

(f) To the extent permissible under applicable law, the student conduct officer shall provide a copy of the decision to all persons or offices that may be bound or protected by it.

(g) In cases involving allegations of sexual misconduct, the complainant shall be notified that a summary suspension has been imposed on the same day that the summary suspension notice is served on the respondent. The college will also provide the complainant with timely notice of any subsequent changes to the summary suspension order.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-200, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-205 Trespass.

The president, the student conduct officer, their designee(s), or the student conduct committee shall have the authority and power to prohibit the entry or withdraw the license or privilege of any person or group of persons to enter into or remain on any college property or facility. Such power and authority may be exercised to halt any event or activity which is deemed to be unreasonably disruptive of order or impedes the movement of persons or vehicles or which disrupts or threatens to disrupt the ingress and/or egress of persons from facilities owned and/or operated by the college. Any person remaining on or reentering college property after receiving notice that their license or privilege to be on that property has been revoked shall be subject to arrest for criminal trespass under the provisions of chapter 9A.52 RCW, Burglary and trespass.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-205, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-300 Jurisdiction.

(1) This chapter shall apply to student conduct that occurs:

(a) On college premises and/or in college facilities;

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

(c) Off-campus student conduct that, in the judgment of the college, adversely affects the well-being of the college community and/or the pursuit of its objectives. The college has sole discretion, on a case-by-case basis, to determine whether the code of student conduct will be applied to conduct occurring off campus.

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

(3) Students are responsible for their conduct from the time of application for admission through the actual receipt of a 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. These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending.

(4) The student conduct officer and the student conduct committee shall have the authority to interpret and apply the standards of conduct for students.

(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 28B.50.140(13). WSR 21-12-008, § 132B-125-300, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-305 Definitions.

As used in this document the following words and phrases shall mean:

(1) "Assembly" shall mean any activity engaged in by two or more persons the object of which is to gain publicity, advocate a view, petition for a cause, or disseminate information to any person, persons or group of persons.

(2) "Board" shall mean the board of trustees of Community College District No. 2, state of Washington.

(3) "College" shall mean Grays Harbor College or any additional community college hereafter established within Community College District No. 2, state of Washington.

(4) "College community" shall mean all employees and students of the college.

(5) "College facilities" shall mean and include any or all real property owned, rented, leased, controlled or operated by the college and shall include all buildings and appurtenances affixed thereon or attached thereto. College facilities extend to affiliated websites, distance learning classroom environments and agencies or institutions that have educational agreements with Grays Harbor College.

(6) "College official" shall mean any person employed by the college performing assigned duties.

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

(8) "Disciplinary action" is the process by which discipline is imposed against a student for a violation of the student conduct code by the student conduct officer.

(9) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer as provided in WAC 132B-125-320 Appeal from disciplinary action. The student conduct committee hears disciplinary appeals from a suspension in excess of ten instructional days or a dismissal/expulsion. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.

(10) "Employee" shall mean any classified, faculty, administrator, exempt, student worker or volunteer person of the college or an affiliated institution.

(11) "Faculty" shall mean any person employed on a full- or part-time basis as a teacher, instructor, counselor, coach or librarian for the college or an affiliated institution. Includes faculty of other colleges (whether or not employed by Grays Harbor College (GHC)) that provide instruction to GHC students through distance education.

(12) "Filing" is the process by which a document is officially delivered to a school official responsible for facilitating a disciplinary review or a presiding officer. Unless expressly specified otherwise, filing shall be accomplished by:

(a) Hand delivery of the document to the school official or school official's assistant; or

(b) By sending the document by email and/or first-class mail to the recipient's college email and office address. Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified official or presiding officer.

(13) "President" is the president of the college appointed by the board of trustees. The president is authorized to delegate any of their responsibilities as set forth in this chapter as they deem appropriate.

(14) "RCW" shall mean the Revised Code of Washington.

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

(16) "Service" is the process by which a document is officially delivered to a party. Unless expressly specified otherwise, service upon a party shall be accomplished by:

(a) Hand delivery of the document to the party; or

(b) By sending the document by email and/or by certified mail or first-class mail to the party's last known address. Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited into the mail.

(17) "Student" shall mean and include any person who is enrolled in 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."

(18) "Student conduct officer" is a college administrator designated by the president to be responsible for implementing and enforcing the student conduct code. The student conduct officer is authorized to delegate any and all of their responsibilities as set forth in this chapter as may be reasonably necessary.

(19) "Vice president for student services" is the administrator responsible for implementing and enforcing the student conduct code. The vice president is authorized to delegate any and all of their responsibilities as set forth in this chapter as may be reasonably necessary.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-305, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-310 Groups and organizations.

Recognized student groups and organizations may be charged with violations of this code. Such a group or organization and its officers may be held collectively or individually responsible when violations of this code by those associated with the group or organization have received the tacit or overt consent or encouragement of the organization, its leaders, officers or spokespersons.

Sanctions for group or organization misconduct may include, but are not limited to, loss of recognition, as well as other appropriate sanctions permitted under this code. Sanctions of groups or organizations are subject to the appeal process upon request.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-310, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-315 Disciplinary process.

(1) Initiating disciplinary action (except summary suspension).

(a) All disciplinary actions will be initiated by the student conduct officer. If that person 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 complaint.

(b) The student conduct officer shall initiate disciplinary action by notifying the respondent to attend a disciplinary meeting. At the meeting, the student will be presented with the allegations, the provisions of the conduct code the respondent is alleged to have violated; and the range of possible sanctions for the alleged violation. This information will be provided in writing, either at the meeting or within three business days of the meeting. The respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting, the student conduct officer may take disciplinary action based upon the available information.

(c) Within ten business days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written disciplinary decision letter setting forth the facts and conclusions supporting their decision, the specific student conduct code provisions found to have been violated, the discipline imposed, if any, and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal.

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

(i) Exonerate the respondent and terminate the proceedings;

(ii) Impose a disciplinary sanction(s), as described in WAC 132B-125-125;

(iii) Refer the matter directly to the student conduct committee for such disciplinary action as the committee deems appropriate.

(e) Sexual harassment complaints or concerns may be directed to the Title IX coordinator or human resources office.

(f) A student formally charged or under investigation for a violation of this code may not excuse himself or herself from disciplinary hearings by withdrawing from the college.

(2) In cases involving allegations of sexual misconduct, the student conduct officer, on the same date that a disciplinary decision letter is served on the respondent, will serve a written notice informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights. If protective sanctions and/or conditions are imposed, the student conduct officer shall make a reasonable effort to contact the complainant to ensure that prompt notice of the protective disciplinary sanctions and/or conditions.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-315, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-320 Appeal from disciplinary action.

(1) The respondent may appeal a disciplinary action by filing a written notice of appeal with the student conduct officer within ten calendar days of service of the student conduct officer's decision. Failure to timely file a 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) The parties to an appeal shall be the respondent and the student conduct officer.

(4) A respondent, who timely appeals a disciplinary action or whose case is referred to the student conduct committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

(5) On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence.

(6) Imposition of disciplinary action for violation of the student conduct code shall be stayed pending appeal, unless respondent has been summarily suspended.

(7) The student conduct committee shall hear appeals from:

(a) The imposition of disciplinary suspensions in excess of ten instructional days;

(b) Dismissals; and

(8) Student conduct appeals from the imposition of the following disciplinary sanctions shall be reviewed through a brief adjudicative proceeding:

(a) Suspensions of ten instructional days or less;

(b) Disciplinary probation; and

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-320, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-325 Brief adjudicative proceedings—Initial hearing.

(1) Brief adjudicative proceedings shall be conducted by the conduct review officer. The conduct review officer shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

(a) The parties to a brief adjudicative proceeding are the respondent, the student conduct officer, and in cases involving sexual misconduct, the complainant. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party an opportunity to be informed of the college's view of the matter; and

(b) An opportunity to explain the party's view of the matter.

(2) The conduct review officer shall serve an initial decision within ten business days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no request for review is filed within ten business days of service of the initial decision, the initial decision shall be deemed the final decision.

(3) In cases involving allegations of sexual misconduct, the conduct review officer, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection. The notice will also inform the complainant of their appeal rights.

(4) If the conduct review officer upon review determines that the respondent's conduct may warrant imposition of a disciplinary sanction of dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-325, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-330 Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the president, provided the respondent files a written request for review with the student conduct officer within ten calendar days of service of the initial decision.

(2) The president shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

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

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within ten business days. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the president does not make a disposition of the matter within ten business days after the request is submitted.

(5) If the president upon review determines that the respondent's conduct may warrant imposition of a disciplinary suspension of dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.

(6) In cases involving allegations of sexual misconduct, the president, on the same date as the final decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-330, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-335 Student conduct committee.

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

(a) Two full-time students appointed by the student government;

(b) Two faculty members appointed by the president; and

(c) One administrative staff member (other than an administrator serving as a student conduct or conduct review officer) appointed by the president at the beginning of the academic year.

(2) The administrative staff member shall serve as the chair of the committee and may take action on preliminary hearing matters prior to convening the committee. The chair shall receive training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

(3) 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.

(4) Members of the student conduct committee shall not participate in any case in which they are a party, complainant, or witness, in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity. Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-335, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-340 Student conduct committee process.

(1) Proceedings of the student conduct committee shall be governed by the Administrative Procedure Act, chapter 34.05 RCW.

(2) 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. 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.

(3) The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decisions concerning the extent and form of any discovery, issuance of protective decisions, and similar procedural matters.

(4) 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.

(5) The committee 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 (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

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

(7) The student conduct officer, upon request, shall provide reasonable assistance to the respondent in obtaining relevant and admissible evidence that is within the college's control.

(8) Communications between committee members and other hearing participants regarding any issue in the proceeding, other than procedural communications that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

(9) Each party may be accompanied at the hearing by a nonattorney assistant of their choice. A respondent may elect to be represented by an attorney at their 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 committee chair with a copy to the student conduct officer. The committee will ordinarily be advised by an assistant attorney general. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may also be represented by a second appropriately screened assistant attorney general.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-340, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-345 Student conduct committee hearings—Presentations of evidence.

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

(a) Proceed with the hearing and issuance of its decision; or

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

(2) The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, 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.

(3) The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449 Procedure at hearing. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476 Agency record, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190 Adjudicative proceedings—Cameras—Recording devices.

(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.

(5) The student conduct officer (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.

(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452 Rules of evidence—Cross-examination.

(7) In cases involving allegations of sexual misconduct, neither the complainant nor the respondent shall directly question or cross-examine one another. Attorneys or advisors for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross-examination questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party's behalf.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-345, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-350 Student conduct committee—Initial decision.

(1) At the conclusion of the hearing, the student conduct 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.

(2) Within twenty business days following 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 Entry of orders, and WAC 10-08-210 Adjudicative proceedings—Initial or final order. The initial decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(3) The committee's initial order shall also include a determination on appropriate discipline, if any. If the matter was referred to the committee by the student conduct officer, the committee shall identify and impose disciplinary sanction(s) or conditions, if any, as authorized in the student conduct code. If the matter is an appeal by the respondent, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

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

(5) In cases involving allegations of sexual misconduct, the chair of the student conduct committee, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. Complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of their appeal rights.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-350, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-355 Appeal from student conduct committee's initial decision.

(1) A party who is aggrieved by the findings or conclusions issued by the student conduct committee may appeal the committee's initial decision to the president by filing a notice of appeal with the president's office within twenty-one calendar days of service of the committee's initial decision. Failure to file a timely appeal constitutes a waiver of the right and the initial decision shall be deemed final.

(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 argument why the appeal should be granted. The president's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of those issues and arguments raised in the notice of appeal.

(3) The president shall provide a written decision to all parties within twenty business days after receipt of the notice of appeal. The president's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.

(4) In cases involving allegations of sexual misconduct, the president, on the same date that the final decision is served upon the respondent, shall serve a written notice informing the complainant of the final decision. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent.

(5) The president may, at their discretion, suspend any disciplinary action pending review of the merits of the findings, conclusions, and disciplinary actions imposed.

(6) The president shall not engage in an ex parte communication with any of the parties regarding an appeal.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-355, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-360 Readmission after dismissal.

A student dismissed from the college may be readmitted only on written petition to the president. Petitions must indicate reasons that support reconsideration. The president may use whatever review procedures are at the president's disposal in consideration of readmission. The president shall convey a decision in writing to the student within thirty days after completion of the review process.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-360, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-365 Sexual misconduct proceedings—Dual procedural rights.

Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-365, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-370 Reporting, recording and maintaining records.

The office of the student conduct officer shall keep records of all disciplinary cases. Except in proceedings where the student is exonerated, all documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved; insofar as possible, for not more than six years. No other records of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other college repository after the date of the student's graduation or not more than six years.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-370, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-400 Order of precedence.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with Grays Harbor College's standard disciplinary procedures, chapter 132B-125 WAC, Student conduct code, these supplemental procedures shall take precedence. College may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-400, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-405 Prohibited conduct under Title IX.

Pursuant to RCW 28B.50.140(13) Boards of trustees—Powers and duties, and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, Grays Harbor 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 harassment."

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

(1) Quid pro quo harassment. A Grays Harbor College employee conditioning the provision of an aid, benefit, or service of Grays Harbor College 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 Grays Harbor 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(13). WSR 21-12-008, § 132B-125-405, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-410 Title IX jurisdiction.

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

(a) Occurred in the United States;

(b) Occurred during a Grays Harbor 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 Grays Harbor 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 Grays Harbor 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 supplemental procedure does not prohibit Grays Harbor College from pursuing other disciplinary action based on allegations that the respondent violated other provisions of Grays Harbor College's student conduct code, WAC 132B-125-120 Prohibited student conduct.

(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 in part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-410, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-415 Initiation of discipline.

(1) Upon receiving the Title IX investigation report from the Title IX coordinator, 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 Title IX 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); and

(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) Grays Harbor 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(13). WSR 21-12-008, § 132B-125-415, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-420 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the Title IX conduct committee will send a hearing notice to all parties, in compliance with WAC 132B-125-340 Student conduct committee process. In no event will the hearing date be set less than ten days after the Title IX coordinator provided 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(13). WSR 21-12-008, § 132B-125-420, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-425 Rights of parties.

(1) Grays Harbor College's student conduct procedures, chapter 132B-125 WAC, Student conduct code and this supplemental procedure shall apply equally to all parties.

(2) Grays Harbor 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 coordinator 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(13). WSR 21-12-008, § 132B-125-425, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-430 Evidence.

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

(1) Relevance: The committee chair 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) 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.

(5) 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 Who is disqualified—Privileged communications.

History

Statutory Authority: RCW 28B.50.130. WSR 22-13-055, § 132B-125-430, filed 6/8/22, effective 7/9/22. Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-430, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-435 Initial order.

(1) In addition to complying with WAC 132B-125-340 Student conduct committee procedures, the Title IX conduct committee:

(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 Grays Harbor College's educational programs or activities; and

(h) Describes the process for appealing the initial order to the Grays Harbor College president.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-435, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-440 Title IX appeals.

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the president's office within 21 days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions of law in the initial order or dismissal that the appealing party is challenging and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the initial order or dismissal shall be deemed final.

(2) Upon receiving a timely appeal, the president's office will serve a copy of the appeal on all parties, who will have 10 days from the date of service to submit written responses to the president's office addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the president's office shall serve copies of the responses to the other parties.

(3) Parties receiving a copy of the responses shall have five days in which to submit a written reply addressing issues raised in the responses to the president's office.

(4) The president or their delegate, based on their review of parties' submissions and the hearing or investigative record, will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether a dismissal if affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.

(5) The president's office shall serve the final decision on the parties simultaneously.

(6) All administrative decisions reached through this process are and may be judicially appealed pursuant to applicable provisions of chapter 34.05 RCW including, but not limited to, the timelines set forth in RCW 34.05.542. No decisions or recommendations arising from this disciplinary procedure will be subject to grievance pursuant to any collective bargaining agreement.

History

Statutory Authority: RCW 28B.50.130. WSR 22-13-055, § 132B-125-440, filed 6/8/22, effective 7/9/22. Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-440, filed 5/19/21, effective 6/19/21.

Wash. Admin. Code § 132B-125-500 Student complaint, grievance, and grade appeal policy and procedures.

The purpose of these procedures is to provide guidelines, which enable a student to express and resolve misunderstandings, complaints, or grievances in a fair and equitable manner. Students have the right to receive clear information and fair application of college policies, standards, rules and requirements and are responsible for complying with them in their relationships with college personnel. This grievance procedure emphasizes an informal resolution, which promotes constructive dialogue and understanding.

(1) Complaint process.

(a) A complaint is any expression of dissatisfaction with the performance of a college employee or with the implementation of policy and procedure. The goal is to informally resolve the complaint with the employee most closely responsible for the policy, procedure or action. The college employee and student shall make a good faith effort to resolve the issue on a one-to-one basis. (If the complaint is about a grade, follow the grade appeal process below.) Both parties should openly discuss the concern, attempt to understand the other's perspective, explore alternatives and attempt to arrive at a satisfactory resolution.

(b) The college recognizes that in some cases a student will be unwilling or unable to speak directly with the employee. In such cases, the student may proceed to step one of the grievance process. In general, a student wishing to express a complaint should do so no later than three weeks from the time the student became aware of the concern.

(c) For assistance in identifying the appropriate person a student should contact, the office of the vice president for student services is available to assist in that determination.

(d) The following are guidelines for determining who a student should contact with a complaint regarding:

(i) Academic/instruction: Faculty/dean/vice president instruction;

(ii) Accommodations: Coordinator of disability support services/dean of student access and support;

(iii) Bookstore: Bookstore manager/vice president administrative services;

(iv) Problem student conduct: Student conduct officer;

(v) Discrimination/harassment: Title IX coordinator/human resources;

(vi) Facilities: Chief of campus operations/vice president for administrative services;

(vii) Financial aid: Assistant dean of financial aid/dean of student access and support;

(viii) Other: Vice president for student services office for most appropriate contact.

(2) Grievance process.

(a) A grievance is a formal procedure instituted when a complaint is not resolved through the informal complaint process. It involves taking the concern to a person other than the employee involved such as a supervisor, dean or vice president. For assistance in identifying the specific person, a student should contact the vice president for student services office. The following procedures shall be used when a student initiates the grievance process.

(b) A discussion with the dean/vice president or supervisor who shall attempt to resolve the matter promptly and fairly. The student may be asked to express the grievance in writing. Written grievances should include an explanation of what has happened, the nature of the student's concern, what the student and/or others have done about it to date and what resolution the student seeks.

(i) Render an immediate decision;

(ii) Ask the staff members for a written response;

(iii) Request a meeting of one or both parties individually or together; and/or

(iv) Request supporting materials prior to rendering a decision. In the case of a written grievance, the supervisor will provide a written decision within fifteen instructional days of receipt of the written grievance. If an investigation requires more time, the deadline may be extended to a mutually agreed future date.

(A) If the student feels a satisfactory resolution was not achieved in step two, they may appeal to the president of the college within five instructional days of receipt of the written decision. The president may amend, modify, reverse or accept the recommendation of the vice president. The decision of the president shall be final.

(B) In general, a student wishing to express a complaint should do so no later than three weeks from the time the student became aware of the concern. In any event, with the exception of discrimination and harassment, informal complaints and formal grievances must be filed within one academic quarter of the inciting event. Timely initiation of a complaint rests with the student.

(C) The appropriate vice president may suspend this rule under exceptional circumstances such as extended illness or leave of a party to the complaint. When either party to the complaint is no longer present at the college and does not expect to return, the vice president will give the absent party reasonable opportunity to reply to the complaint before making a decision.

(3) Grade appeal process.

(a) Before a student can file a formal or written grade appeal, they should try to resolve the issue directly with the instructor. Grade appeals should occur within one quarter of issuance of the grade. In any event, appeals will not be considered beyond one year of the grade report.

(b) If direct discussion with the faculty does not resolve the grade dispute to the student's satisfaction the student, within ten instructional days after meeting with the faculty, shall take the matter to the vice president for instruction. The student shall express the appeal in writing. The written appeal should include the course and instructor involved, an explanation of why the student believes the grade received is unfair or unwarranted, what steps the student has taken with the faculty member to resolve the issue, and what resolution the student seeks.

(i) Review the course syllabus;

(ii) Meet with the course instructor; and

(iii) May request and review other supporting documentation prior to rendering a decision. Within ten instructional days of receiving the written appeal, the vice president of instruction will provide a written decision. If an investigation requires more time, the deadline may be extended to a mutually agreed future date.

(d) If the student feels satisfactory resolution was not achieved in step three, they may, within five instructional days of receipt of the written decision, notify the vice president for instruction to request a hearing before the academic review committee. The vice president for student services or designee will chair the committee.

(i) If anyone on the academic review committee perceives a conflict of interest, they will recuse themselves from the committee for the duration of the appeal. Students are to be given an opportunity to talk with the committee chairperson regarding any concerns about committee membership.

(ii) As soon as possible, the academic review committee (with a minimum attendance of six individuals) will meet with the student, instructor, the vice president of instruction and relevant parties to hear the points at issue in the appeal. The committee will provide its written decision to all parties within five instructional days following the hearing. The decision is final and may not be reviewed further.

(4) Grievances excluded.

(a) The student grievance procedure described in this section is not intended to cover complaints of discrimination or sexual harassment. The college has separate specific procedures for such complaints. See the vice president for student services for information on those specific procedures.

(b) A student may not use the provisions of these sections as the basis for filing a grievance based on the outcome of summary or other disciplinary proceedings described in earlier sections of this student rights and responsibilities code or for resolution of specific categories of student complaints where other procedures are required.

(c) Federal and state laws, rules and regulations, in addition to policies, regulations and procedures adopted by the state board for community college education or the board of trustees of Community College District No. 2 shall not be grievable matters.

(5) Records. The appropriate supervisor shall keep all written statements or transcripts as follows:

(a) Complaints for one year from the initial complaint;

(b) Grievances for six years from the initial complaint;

(c) Grade appeals for five years following the last quarter attended by the student. At that time, the files shall be destroyed.

History

Statutory Authority: RCW 28B.50.140(13). WSR 21-12-008, § 132B-125-500, filed 5/19/21, effective 6/19/21.

Chapter 132B-128 Policies and procedures for tenure and dismissal.

Wash. Admin. Code § 132B-128-010 General statement of policy.

In accordance with the provisions of sections 32 through 45, chapter 283, Laws of 1969 ex. sess., as amended by chapter 5, Laws of 1970 ex. sess., the following procedures for tenure at Community College District No. 2 will be implemented as of January 29, 1973. These procedures supersede the previously adopted tenure regulations, Grays Harbor College. Granting of tenure should be the rule, not the exception; if denial of tenure becomes the rule, the hiring practices of the college shall be reevaluated.

Tenure policy statement. The only difference between a nontenured and a tenured faculty member is that the latter is evaluated periodically for the purpose of improving services and instruction and the former is evaluated regularly for the additional purpose of granting tenure. The dean of instruction shall hold an election and select a tenure review committee which will interview and evaluate the probationer and will make recommendations to the board of trustees regarding the professional qualifications of the nontenured faculty member.

It shall be the policy of Community College District No. 2 that the board of trustees, on the recommendation of the tenure review committee which has interviewed and evaluated the probationer, may grant tenure at any time between the assumption of his faculty position and the end of the three year probationary period, except that compelling reasons must be shown for the award of tenure prior to the third year of probation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 79-08-129 (Order 79-1, Resolution No. 11-79), § 132B-128-010, filed 8/1/79
Order, § 132B-128-010, filed 3/28/73.

Wash. Admin. Code § 132B-128-020 Definitions.

Faculty appointment - Full-time employment as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, except administrative appointments; "faculty appointment" shall mean department heads, division heads and administrators to the extent that such department heads, division heads or administrators have had or do have status as a teacher, counselor, or librarian.

Full-time position - One in which the faculty member receives a contract labeled full-time and works a regular load of his division or area for any three complete quarters in one calendar year. Only special circumstances, which shall be described in writing, will permit the faculty member to work less than a regular load and retain a full-time contract.

Dismissal review committee - A committee to hear dismissal cases shall be composed of a member of the administrative staff, a student representative, and members of the teaching faculty. The representatives of the teaching faculty shall represent a majority of the members on each review committee. The members representing the teaching faculty on each review committee shall be selected by a majority of the teaching faculty and faculty division heads acting in a body as specified by the dismissal policy.

Faculty peer - One who holds a faculty appointment.

Probationer - Any individual holding a probationary faculty appointment.

Probationary faculty appointment - A faculty appointment for a designated period of time which may be terminated without sufficient cause upon expiration of the probationer's terms of employment.

Tenure - A faculty appointment for an indefinite period of time which may be revoked only for sufficient cause and by due process.

Tenure review committee - A committee composed of the probationer's faculty peers, a student representative, and a member of the administrative staff of the community college provided that the majority of the committee shall consist of the probationer's faculty peers and that the faculty members be elected as specified by the tenure policy by a majority of the faculty members.

Appointing authority - Shall mean the board of trustees of Community College District No. 2.

Administrative appointment - Shall mean employment in a specific administrative position as determined by the appointing authority.

Administrative position - For purposes of this document, the following positions are considered administrative positions at Grays Harbor College: President, dean of instruction, dean of administration, associate dean for student affairs, associate dean for admissions and records, associate dean for vocational education, associate dean for continuing education, assistant dean of administration, assistant dean for library and media services, coordinator of basic education, coordinator of continuing education, coordinator of child and family studies, coordinator of women's resources center, coordinator of financial aids and veterans affairs, and coordinator of student programs.

History

Statutory Authority: RCW 28B.50.140(13). WSR 81-10-008 (Order 81-1, Resolution Nos. 2-81, 3-81 and 4-81), § 132B-128-020, filed 4/24/81
WSR 79-08-129 (Order 79-1, Resolution No. 11-79), § 132B-128-020, filed 8/1/79
Order, § 132B-128-020, filed 3/28/73.

Wash. Admin. Code § 132B-128-030 Procedure for granting tenure.

(1) Selection of the tenure review committee -

(a) A tenure review committee shall be established for each probationer. The committee shall be responsible for the probationer until he is either granted tenure or is no longer employed within Community College District No. 2. If a vacancy occurs during the terms of service of the tenure review committee members, the dean of instruction will call a special election within two weeks to fill that position.

(b) The dean of instruction shall be responsible for the establishment of each tenure review committee, which shall normally begin functioning no later than four weeks after the day that the probationer has begun his faculty duties.

(c) Each tenure review committee shall be composed of five members. There shall be automatic nomination of the appropriate division chairman to position number one. One faculty member shall be nominated by the probationer to position number two. After these nominations are made, the dean of instruction shall call an all-faculty meeting at which faculty members shall nominate one or more faculty members for position number three and may nominate faculty members for positions one and two. A vote shall be taken and the nominee receiving a majority vote for a particular position shall be elected. If no candidate for a particular position receives a majority vote, a run-off election shall be held within five days between the two candidates receiving the largest number of votes. A student representative, who shall be a full-time student, shall be appointed by Grays Harbor College student council to position number four. The president of the college shall appoint a member to position number five.

(2) Evaluation of the probationer -

If the probationer disagrees with the tenure review committee's recommendation, he shall be given an opportunity to challenge it before the college president.

(3) Final action on tenure -

(a) The final decision to award or withhold tenure shall rest with the board of trustees (appointing authority) after it has given reasonable consideration to the recommendations of the tenure review committee, and reasonable consideration to the recommendation of the college president. Any recommendations of the tenure review committee and the president shall be advisory only and not binding upon the board of trustees (appointing authority).

(b) If the probationer is not to be retained, he must be informed no later than the last day of winter quarter.

(c) If the probationer is dismissed prior to the termination of his contract, his case shall be considered by the dismissal review committee in accordance with the laws of the state of Washington and the dismissal policy of Community College District No. 2.

History

Statutory Authority: RCW 28B.50.140(13). WSR 79-08-129 (Order 79-1, Resolution No. 11-79), § 132B-128-030, filed 8/1/79
Order, § 132B-128-030, filed 3/28/73.

Wash. Admin. Code § 132B-128-040 Basis for dismissal.

A tenured faculty member shall not be dismissed from his appointment except for sufficient cause, nor shall a faculty member who holds a probationary faculty appointment be dismissed prior to the dates established in the written terms of his appointment except for sufficient cause which is of a substantial nature and is not frivolous or inconsequential as determined by the board of trustees, and when it is determined by the board of trustees that the termination of his employment would be in the best interests of the community college district.

History

Order, § 132B-128-040, filed 3/28/73.

Wash. Admin. Code § 132B-128-050 Procedures for dismissal.

(1) A dismissal review committee created for the express purpose of hearing dismissal cases shall be established no later than October 15 of each academic year (except if this provision is passed after October 15 of any academic year, the dismissal review committee will be chosen within thirty days after passage of this provision), and shall be comprised of the following members:

(a) One member chosen by the college president

(b) Three faculty members chosen by the faculty and division heads acting in a body and in the following manner:

(i) Two individuals will be nominated for each of positions one, two and three by a district-wide random selection process as described in (v) below.

(ii) Two individuals will be nominated in the same manner as (i) above to run for each of three alternate positions identified as alternate one, alternate two and alternate three.

(iii) The nominees receiving a majority of the votes cast will be elected for a one-year term.

(iv) In case of a vacancy in position one, two or three occurring any time after the election, the vacancy will be filled by the alternates, beginning with alternate one.

(v) A district-wide random selection process will be developed by the president of Grays Harbor College. This selection process will be designed to remove any element of preselection or predisposition from the dismissal review committee selection process.

(c) A student representative, who shall be a full-time student, shall be appointed by the Grays Harbor College student council. The student council shall also appoint a full-time student as an alternate member to serve on the dismissal review committee should the regularly appointed member be unable to serve on the committee.

(d) The college president shall choose one alternate member to serve on the dismissal review committee should the regularly appointed member be unable to serve on the committee.

(e) The dismissal review committee will select one of its members to serve as chairman.

(2) When the president receives or initiates a formal written recommendation about a faculty member which may warrant dismissal, he shall inform that faculty member. Within ten days after having been so informed, the faculty member will be afforded an opportunity to meet with the president or his designee and the chairman of the division. At this preliminary meeting, which shall be an information-gathering session, an adjustment may be mutually agreed upon. If the matter is not settled or adjusted to the satisfaction of the college president, he shall recommend that the faculty member be dismissed.

(3) If the president recommends that the faculty member be dismissed, he shall:

(a) Deliver a short and plain statement to the faculty member which shall contain:

(i) The grounds for dismissal in reasonable particularity;

(ii) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) Reference to any particular statutes or rules involved.

(b) Call into action the dismissal review committee and deliver the above statement to the members of the dismissal review committee, if the professional requests a hearing.

(4) After receiving the president's recommendation for dismissal, the affected professional may request a hearing within the following five days. If the president does not receive this request within five days, the professional's right to a hearing will be deemed waived.

(5) If the president receives a request for a hearing, the dismissal review committee shall, after receiving the written recommendation from the college president, establish a date for a committee hearing giving the faculty member so charged twenty days notice of such hearing, and inform in writing the faculty member so charged of the time, date and place of such hearing.

(6) The dismissal review committee shall:

(a) Hear testimony from all interested parties, including but not limited to other faculty members and students and receive any evidence offered by same;

(b) Afford the faculty member whose case is being heard the right of cross-examination and the opportunity to defend himself and be accompanied by legal counsel;

(7) The dismissal review committee shall include a neutral presiding officer appointed by the appointing authority. Such presiding or hearing officer shall not be a voting member of the committee; it shall be his responsibility to:

(a) Make all rulings regarding the evidentiary and procedural issues presented during the course of the dismissal review committee hearings;

(b) Meet and confer with the members of the dismissal review committee and advise them in regard to procedural and evidentiary issues considered during the course of the committee's deliberations;

(c) Appoint a court reporter, who shall operate at the direction of the presiding officer and shall record all testimony, receive all documents and other evidence introduced during the course of hearings, and record any other matters related to the hearing as directed by the presiding officer;

(d) Prepare a record which shall include:

(i) All pleadings, motions and rulings;

(ii) All evidence received or considered;

(iii) A statement of any matters officially noticed;

(iv) All questions and offers of proof, objections and rulings thereon;

(v) Proposed findings and exceptions;

(vi) A copy of the recommendations of the dismissal review committee.

(8) A copy of the above shall be transcribed and furnished upon request to the faculty member whose case is being heard.

(9) The hearing shall be closed. However, interested parties, including but not limited to faculty members and students, will be given an opportunity to present evidence.

(10) Within ten college calendar days of the conclusion of the hearing, the dismissal review committee will arrive at its recommendations in conference on the basis of the hearing. Before doing so, it should give the faculty member or his counsel(s) and the representative designated by the president of the college the opportunity to argue orally before it. If written briefs would be helpful, the dismissal review committee may request them. The dismissal review committee may proceed to a recommendation promptly or await the availability of a transcript if making a fair recommendation would be aided thereby. Within fifteen college calendar days of the conclusion of the hearing the president of the college, the faculty member and the board of trustees will be presented with recommendations in writing and given a copy of the record of the hearing.

(11) The board of trustees shall meet within a reasonable time subsequent to its receipt of the dismissal review committee recommendations to consider those recommendations. The board of trustees shall afford the parties the right to oral and written argument with respect to whether they will dismiss the faculty member involved. The board of trustees may hold such other proceedings as they deem advisable before reaching their decision. A record of the proceedings at the board level shall be made and the final decision shall be based only upon the record made before the board and the dismissal review committee, including the briefs and oral arguments. The decision to dismiss or not to dismiss shall rest, with respect to both the facts and the decision, with the board of trustees after giving reasonable consideration to the recommendations of the dismissal review committee. The dismissal review committee's recommendations shall be advisory only and in no respect binding in fact or law upon the decision maker, the board of trustees. The board of trustees shall within fifteen days following the conclusion of their review, notify the charged faculty member in writing of its final decision.

(12) Suspension of the faculty member by the president during the administrative proceedings involving him (prior to the final decision of the board of trustees) is justified if immediate harm to himself or others is threatened by his continuance. Any such suspension shall be with pay.

(13) Except for such simple announcements as may be required covering the time of the hearing and similar matters, no public statements about the case shall be made by the faculty member, the dismissal review committee or administrative officers of the board of trustees until all administrative proceedings and appeals have been completed.

(14) Any dismissed faculty member shall have the right to appeal the final decision of the board of trustees within ten days of the receipt of the notice of dismissal. The filing of an appeal shall not stay enforcement of the decision of the board of trustees.

(15) If the president of Grays Harbor College initiates a formal written recommendation that a faculty member be dismissed and the board of trustees decides to retain the faculty member, or if the trustees' decision to dismiss a faculty member is reversed by a court, all evidence concerning the dismissal will be removed from the faculty member's permanent personnel file if the reason for the denial of the recommendation was the president's failure to establish the facts which were the basis for the dismissal recommendation.

If the facts which were the basis for the dismissal recommendation were shown to the satisfaction of the trustees and the courts, but the dismissal recommendation was not followed because the trustees or the courts decided that the facts were not sufficient to warrant dismissal, the facts which were shown would be retained in the faculty member's permanent personnel file along with a record of the outcome of the dismissal proceeding.

If the facts are to be retained in the faculty member's permanent personnel file, the faculty member will be given an opportunity to review the facts and to write an explanation which will be retained along with the findings of fact.

History

Statutory Authority: RCW 28B.50.140(13). WSR 79-08-129 (Order 79-1, Resolution No. 11-79), § 132B-128-050, filed 8/1/79
Order, § 132B-128-050, filed 3/28/73.

Wash. Admin. Code § 132B-128-100 Academic employee reduction procedure.

If an academic employee with a full-time faculty appointment is to be laid off for program termination or reduction, decreases in enrollment, changes in educational policy or substantial evidence of a serious shortage of funds, the Grays Harbor College policies and procedures for tenure and dismissal will be utilized and the following criteria and procedures will be used:

(1) The president, with consultation from his administrative staff, will review the nature of the problem facing the college. If the president determines that reductions in staff are or will be necessary in the near future, he will give notice of the potential reductions to the recognized academic employee organization. The notice which the president gives to the recognized academic employee organization shall include:

(a) The reasons for the proposed reductions in force;

(b) The number of academic employees to be considered for layoff.

(2) The recognized academic employee organization will then have the right to meet with the president who shall fully document the need for such reductions in staff. The president shall present and explain the major criteria to be used to identify those to be laid off. If any courses currently in the curriculum are expected to be eliminated, he shall identify those courses and explain why they have been judged not to be the most necessary course offerings to maintain the best possible quality educational opportunities at Grays Harbor College.

(3) The need for a reduction in force will be determined on the basis of the need for reduction in each division of Grays Harbor College.

(4) The divisions at Grays Harbor College, for purposes of this document, shall be business administration, English-speech, health and physical education, humanities, life sciences, physical science and mathematics, social science, vocational-technical, administration, library, and student services.

(5) Within a reasonable time after the start of the fall quarter of each year, the dean of instruction, with advice from the appropriate division chairman, shall assign each academic employee to a division. An academic employee may not be a member of more than one division. (If this code is passed during the school year, the dean of instruction shall assign the academic employees to their respective divisions within a reasonable period of time after passage of this code.)

(6) If the number of academic employees is to be reduced, the president, with advice from the dean of instruction and division chairmen, shall decide in the case of each affected division what course offerings and/or other services are most necessary to maintain quality education at Grays Harbor College. The president shall consider but not be limited to the following factors:

(a) The enrollment and the trends in enrollment for not less than four consecutive quarters, if applicable, and their effect upon each division;

(b) The goals and objectives of Grays Harbor College and the state board for community college education;

(c) Information concerning faculty and administrative vacancies occurring through retirement, resignation, sabbaticals and leaves of absence.

(7) Those duties associated with the course offerings and/or other services determined to be most necessary at Grays Harbor College will be considered needed duties of an academic employee.

(8) The president's determination of the most necessary course offerings and/or other services is not subject to review by the dismissal review committee.

(9) If a reduction is necessary within a division, the following order of layoff will be utilized provided there are qualified academic employees to replace and perform all the needed duties of the academic employees to be laid off: First, part-time academic employees; second, probationary appointees with the least seniority; third, full-time tenured academic employees with the least seniority.

(10) Seniority shall be determined by establishing the date of the signing of the first full-time contract for the most recent period of continuous full-time professional service for Grays Harbor College which shall include leaves of absence, sabbatical leaves, and periods of layoffs. (This shall include professional services for the Aberdeen School District No. 5 prior to July 1, 1967, if assigned to Grays Harbor College.) The longest terms of employment as thus established shall be considered the highest level of seniority. In instances where academic employees have the same beginning date of full-time professional services, seniority shall be determined in the following order:

(a) First date of the signature of a letter of intent to accept employment;

(b) First date of application for employment.

(11) An academic employee shall be qualified to instruct courses which the president, with advice from the dean of instruction and the appropriate division chairman, determines the academic employee is qualified to instruct. The president's determination of what duties an academic employee is qualified to perform is not subject to review by the dismissal review committee.

(12) A full-time tenured academic employee whose contract was not renewed as a result of this academic employee staff reduction procedure has a right to recall to any teaching position, either a newly created one or a vacancy, providing he is qualified as determined by the college president. The recall shall be in reversed seniority, the most senior first. The right of recall shall extend three years from the date of layoff. Full-time tenured academic employees who have been laid off will retain all accrued benefits, such as sick leave and seniority. Upon recall they shall be placed at least at the next higher increment on the salary schedule than at the time of layoff and will retain their tenured status.

History

Order, § 132B-128-100, filed 3/28/73.

Chapter 132B-130 Tuition and fee schedules.

Wash. Admin. Code § 132B-130-010 Tuition and fee schedules.

Chapter 28B.15 RCW sets the parameters for tuition and fee levels at state community colleges. The legislature then establishes current biennium tuition and fee rates. Based on this legislation, the specific amounts to be charged are transmitted to Grays Harbor College by the state board for community college education.

History

Statutory Authority: RCW 28B.50.140(13). WSR 92-08-044, § 132B-130-010, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 132B-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 college catalog and in the following locations on the Grays Harbor College campus:

(1) The office of admissions;

(2) The registration and records office;

(3) The business office.

History

Statutory Authority: RCW 28B.50.140(13). WSR 92-08-044, § 132B-130-020, filed 3/25/92, effective 4/25/92.

Chapter 132B-131 Scholarships.

Wash. Admin. Code § 132B-131-010 Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application, and other information regarding scholarships at Grays Harbor College is located in the office of financial aid on the Grays Harbor College campus.

History

Statutory Authority: RCW 28B.50.140(13). WSR 92-08-044, § 132B-131-010, filed 3/25/92, effective 4/25/92.

Chapter 132B-132 Financial aid.

Wash. Admin. Code § 132B-132-010 Financial aid.

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

Office of Financial Aid

Grays Harbor College

Aberdeen, WA 98520-7599

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 92-08-044, § 132B-132-010, filed 3/25/92, effective 4/25/92.

Chapter 132B-133 Organization.

Wash. Admin. Code § 132B-133-010 Description of organization—Purpose.

The purpose of this chapter is to establish rules implementing RCW 34.05.220 (1)(b) and 42.17.250 (1)(a) and (b).

History

Statutory Authority: RCW 28B.50.140(13), 34.05.220 (1)(b) and 42.17.250 (1)(a) and (b). WSR 92-08-043, § 132B-133-010, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 132B-133-020 Organization—Operation—Information.

(1) Organization. Grays Harbor College is established in Title 28B RCW as a public institution of higher education. The institution 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 institution. The president establishes the structure of the administration.

(2) Location. Grays Harbor College is located on a campus in Aberdeen, Grays Harbor County, Washington.

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

1620 Edward P. Smith Drive

Aberdeen, WA 98520

The office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, except legal holidays.

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

1620 Edward P. Smith Drive

Aberdeen, WA 98520

History

Statutory Authority: RCW 28B.50.140(13), 34.05.220 (1)(b) and 42.17.250 (1)(a) and (b). WSR 92-08-043, § 132B-133-020, filed 3/25/92, effective 4/25/92.

Chapter 132B-276 Public records policy.

Wash. Admin. Code § 132B-276-010 Purpose.

The purpose of this chapter shall be to ensure compliance by Community College District No. 2 with the provisions of chapter 42.17 RCW, commonly called Initiative No. 276, and in particular with RCW 42.17.250 - 42.17.340 of that act dealing with public records.

History

Order, § 132B-276-010, filed 10/28/74.

Wash. Admin. Code § 132B-276-020 Definitions.

(1) "Public records" include 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, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

(3) "Community College District No. 2" is an agency organized by statute pursuant to RCW 28B.50.040 and shall hereinafter be referred to as the "district." Where appropriate, the term district also refers to the board of trustees and employees of the district.

History

Order, § 132B-276-020, filed 10/28/74.

Wash. Admin. Code § 132B-276-030 Description of central and field organization of Community College District No. 2.

District No. 2 is a community college district organized under RCW 28B.50.040. The administrative office of the district and its staff is located at Grays Harbor College, Aberdeen, Washington 98520.

History

Order, § 132B-276-030, filed 10/28/74.

Wash. Admin. Code § 132B-276-040 Operations and procedures.

The district is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. The college district is operated under the supervision and control of a board of trustees. The board of trustees is made up of five members, each appointed by the governor to a term of five years. The trustees exercise the powers and duties granted them under RCW 28B.50.140.

History

Statutory Authority: RCW 28B.50.140(13). WSR 81-10-008 (Order 81-1, Resolution 2-81, 3-81 and 4-81), § 132B-276-040, filed 4/24/81
Order, § 132B-276-040, filed 10/28/74.

Wash. Admin. Code § 132B-276-050 Public records available.

All public records of the district, as defined in WAC 132B-276-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310 and WAC 132B-276-100.

History

Order, § 132B-276-050, filed 10/28/74.

Wash. Admin. Code § 132B-276-060 Public records officer.

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

History

Order, § 132B-276-060, filed 10/28/74.

Wash. Admin. Code § 132B-276-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the district. For the 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.

History

Order, § 132B-276-070, filed 10/28/74.

Wash. Admin. Code § 132B-276-080 Requests for public records.

In accordance with requirements of chapter 42.17 RCW 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 may be inspected or copied, or copies of such records may be obtained by members of the public upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the district which shall be available at its administrative office. The form shall be presented to the public records officer, or to any member of the district's staff if the public records officer is not available, at the administrative offices of the district during customary office hours. The request shall include the following information:

(a) The name of the person requesting the record;

(b) The time of day and calendar date on which the request was made;

(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index;

(e) If the requested matter is not identifiable by reference to the district's current index, an appropriate description of the record 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 staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.

History

Order, § 132B-276-080, filed 10/28/74.

Wash. Admin. Code § 132B-276-090 Copying.

No fee shall be charged for the inspection of public records. The district shall charge a fee of ten cents per page of copy for providing copies of public records and for use of the district's copy equipment. This charge is the amount necessary to reimburse the district for its actual costs incident to such copying. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the district will provide copies at a rate sufficient to cover any additional cost. All fees must be paid by money order, cashier's check or cash in advance.

History

Order, § 132B-276-090, filed 10/28/74.

Wash. Admin. Code § 132B-276-100 Exemptions.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132B-276-080 is exempt under the provisions of chapter 42.17 RCW.

(2) In addition, pursuant to RCW 42.17.310, the district reserves the right to delete identifying details when it makes available or publishes any public record in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

History

Order, § 132B-276-100, filed 10/28/74.

Wash. Admin. Code § 132B-276-110 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the president of the college. The president or his designee shall immediately consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial. In any case, the request shall be returned with a final decision within two business days following the original denial.

(3) Administrative remedies shall not be considered exhausted until the district has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

History

Order, § 132B-276-110, filed 10/28/74.

Wash. Admin. Code § 132B-276-120 Protection of public records.

Requests for public records shall be made in the administration building of Grays Harbor College. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated for their inspection. Copies shall be made at Grays Harbor College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132B-276-090.

History

Order, § 132B-276-120, filed 10/28/74.

Wash. Admin. Code § 132B-276-130 Records index.

(1) Index - The district has available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since June 30, 1972:

(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 any private party.

(2) Availability - The current index promulgated 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

Order, § 132B-276-130, filed 10/28/74.

Wash. Admin. Code § 132B-276-990 Appendix A—Request for public record to Community College District No. 2.

APPENDIX "A"

REQUEST FOR PUBLIC RECORD TO

COMMUNITY COLLEGE DISTRICT NO. 2

. . . . Signature	. . . . Name (please print)
. . . . Name of Organization
. . . . Mailing Address of Applicant	. . . . Phone Number
. . . . Date Request Made at Community College District No. 2	. . . . Time of Day of Request
Nature of Request. . . .
. . . .
. . . .
Identification Reference on Current Index (please describe)
. . . .
. . . .
. . . .
Description of record or matter requested, if not identifiable by reference to current index of Community College District No. 2
. . . .
. . . .
. . . .
Request. . . . Approved	. . . . Date	By. . . . Public Records Officer
Request Denied	. . . .	Reasons for Denial. . . .
. . . .
. . . .
. . . .
Referred to. . . .	Date. . . .

History

Order, Appendix A (codified as WAC 132B-276-990), filed 10/28/74.

Chapter 132B-300 Grievance procedure—Handicapped.

Wash. Admin. Code § 132B-300-010 Statement of policy.

Grays Harbor Community College is covered by Section 504 of the Rehabilitation Act of 1973 prohibiting discrimination on the basis of handicap in education. It is the policy of Grays Harbor Community College to ensure equal opportunity without regard to handicap status in all areas of admission, education, application for employment, and employment.

A grievance procedure is required by Section 504 of the Rehabilitation Act of 1973.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 94-20-072, § 132B-300-010, filed 10/3/94, effective 11/3/94. Statutory Authority: Title IX of the Education Amendments of 1972 and section 504 of the Rehabilitation Act of 1973. WSR 78-12-065 (Order 78-1, Resolution No. 17-78), § 132B-300-010, filed 12/1/78.

Wash. Admin. Code § 132B-300-020 Grievance procedure.

(1) Any applicant for admission, enrolled student, applicant for employment or employee of Grays Harbor Community College who believes he/she has been discriminated against on the basis of sex or on the basis of a handicap may lodge a formal institutional grievance according to the following procedures:

(a) Step 1: Informal meeting. The complainant may request an informal meeting with the individual believed to have committed the discriminatory act in an attempt to informally resolve the concern.

(b) Step 2: Official hearing. If not satisfied by the results of the informal meeting, the complainant may request a meeting with the college vice president for student services.

(i) The request for an official hearing must be made in writing and must stipulate the specific grievance(s) the complainant wishes to raise.

(ii) Within 30 calendar days of receiving the written request, the vice president for student services shall arrange a meeting to hear the complaint. It shall be at the discretion of the complainant to determine whether the officer will meet with the complainant and the person to whom the complaint has been directed separately or in a single meeting. If the complainant requests a single meeting, the meeting shall be attended by the complainant, the person to whom the complaint is directed, and the college officer, who will chair the meeting.

(iii) Following the hearing and within 30 calendar days of receiving the written request, the college officer will report his/her findings in writing to both the complainant and the person to whom the complaint has been directed.

(c) Step 3: Presidential appeal. If the complaint is not resolved as a result of the hearing conducted by the vice president for student services, either the complainant or the person to whom the complaint is directed may request an appeal to the college president.

(i) The request must be made in writing within 10 days after receipt of the written results of the Step 2 official hearing.

(ii) Within 15 days after receiving the request, the college president or the president's designee will conduct the presidential appeal hearing and report the findings in writing to both the complainant and the person to whom the complaint is directed.

(iii) Attendance at the presidential appeal hearing shall be limited to the college president or designee, the vice president for student services, the complainant, and the person to whom the complaint is directed unless otherwise mutually agreed by the parties. The college president or presidential designee shall preside.

(iv) Either the complainant or the person to whom the complaint is directed may call witnesses at the discretion of the person presiding.

(v) The written findings of the presidential appeal will be considered final. No further intra-institutional appeal exists.

(2) If desired, inquiries or appeals beyond the institutional level may be directed to:

(a) Regional Director, Office of Civil Rights, HEW, 1321 Second Avenue, Seattle, Washington 98101.

(b) The Equal Opportunity Commission, 705 Second Avenue, Seattle, Washington 98101.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 94-20-072, § 132B-300-020, filed 10/3/94, effective 11/3/94. Statutory Authority: Title IX of the Education Amendments of 1972 and section 504 of the Rehabilitation Act of 1973. WSR 78-12-065 (Order 78-1, Resolution No. 17-78), § 132B-300-020, filed 12/1/78.