Title 495d WAC — Lake Washington Institute of Technology

Chapter 495D-104 Board of trustees.

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

The board of trustees shall hold one regular meeting each month and such special meetings as may be requested by the chair of the board or by a majority of the members of the board. All regular and special meetings of the board of trustees shall be announced in accordance with law. All regular and special meetings of the board of trustees shall be held at Lake Washington Institute of Technology, unless scheduled elsewhere, and are open to the general public, except for lawful executive sessions. No official business may be conducted by the board of trustees except during a regular or special meeting.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-104-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 98-09-031, § 495D-104-010, filed 4/10/98, effective 5/11/98
WSR 95-23-043, § 495D-104-010, filed 11/13/95, effective 12/14/95
WSR 93-03-086, § 495D-104-010, filed 1/19/93, effective 2/19/93
WSR 92-15-081, § 495D-104-010, filed 7/16/92, effective 8/16/92.

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

The president or his or her designee shall designate items for the board's meeting agenda, subject to modification by the board. Anyone other than a board member or a representative of the president's office wishing an item placed on the agenda of a board meeting must have a written request in the office of the board secretary at least two weeks in advance of the next scheduled meeting of the board. The board will adopt such bylaws as are necessary to facilitate the bringing of such matters before the board. Petitioners may request such bylaws from the secretary to the board who shall provide them in a timely fashion.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-104-020, filed 7/16/92, effective 8/16/92.

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

The board of trustees delegates to the college president its authority and responsibility to administer College District 26 in accordance with laws, policies, and rules approved or sanctioned by the board of trustees. At the operational level, the president has final administrative authority over all matters affecting the college district.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-104-030, filed 7/16/92, effective 8/16/92.

Chapter 495D-108 Practice and procedure.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-010, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-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, the president or president's designee shall designate one person to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-020, filed 7/16/92, effective 8/16/92.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-030, filed 7/16/92, effective 8/16/92.

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

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: Lake Washington Institute of Technology, Affirmative Action Officer, 11605 132nd Avenue Northeast, Kirkland, Washington, 98034-5608.

Written application for an adjudicative proceeding must 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). WSR 11-19-083, § 495D-108-040, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-040, filed 7/16/92, effective 8/16/92.

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

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

(1) Residency determinations;

(2) Challenges to contents of education records;

(3) Student conduct proceedings, except as provided in another rule;

(4) Parking and traffic violations;

(5) Outstanding debts owed by students or employees;

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

(7) Denials of requests for public records.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-050, filed 7/16/92, effective 8/16/92.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-060, filed 7/16/92, effective 8/16/92.

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

Any party may apply for a protective order to close part of a hearing. The party making the request shall state the reasons for making the application to the presiding officer, and serve copies on all other parties. If another 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 in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-070, filed 7/16/92, effective 8/16/92.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-108-080, filed 7/16/92, effective 8/16/92.

Chapter 495D-113 Nepotism policy.

Wash. Admin. Code § 495D-113-010 Definitions.

(1) Employee: Any individual who receives payment for services rendered to the college district, other than an outside vendor or contractor.

(2) Family member or relative: An employee's or employee's spouse's mother, father, child (including foster and adopted children), sibling, grandparent, cousin, uncle, aunt, nephew, niece, in-law, or the employee's spouse.

(3) Nepotism: The practice of showing favoritism to relatives in hiring and employment practices.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-113-010, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-113-020 Inclusive limits of the policy.

This policy is intended to provide guidelines for the employment of all individuals by the district, except as modified by applicable policies of the state board for community and technical colleges, policies of the higher education personnel board, collective bargaining agreements, or state statute.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-113-020, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-113-030 Basic nepotism policy.

In the appointment of its faculty and staff members, the college district seeks those persons best qualified to fulfill the institution's teaching and service obligations. Accordingly, members of the same family may be appointed to faculty and staff positions when it has been determined that they are the most qualified candidates for the positions. However, a person may not be hired into a position that would result in a relationship where an employee is involved in the recruitment, screening, appointment, termination of appointment, promotion, demotion, approval of salary increase or decrease, supervision, or evaluation of a member of the employee's family or of a person with whom the employee shares a substantial economic interest. Otherwise, family relationships shall not be used as a basis for granting or denying employment rights, privileges, or benefits.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-113-030, filed 12/15/92, effective 1/15/93.

Chapter 495D-116 Parking and traffic.

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

Under the authority granted by RCW 28B.50.140(10), the board of trustees of College District 26 is granted authority to adopt rules for pedestrian and vehicular traffic upon public lands devoted to, operated by, or maintained by the college. The objectives of these rules are to:

(1) Protect and control pedestrian and vehicular traffic;

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

(3) Minimize traffic disturbances during class hours;

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

(5) Regulate the use of parking spaces;

(6) Protect state-owned property;

(7) Assure access to the facility by handicapped persons.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-010, filed 7/16/92, effective 8/16/92.

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

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

(2) The traffic code of the city of Kirkland applies upon all lands located within the city of Kirkland.

(3) The traffic code of the city of Redmond applies upon all lands located within the city of Redmond.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-020, filed 7/16/92, effective 8/16/92.

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

The definitions set forth in this section apply throughout this chapter 495D-116 WAC.

(1) "Annual permits" mean permits that are valid from the date of issue until the first day of the following academic year.

(2) "Board" means the board of trustees of College District 26.

(3) "Campus" means all lands and buildings devoted to, operated by, or maintained by College District 26.

(4) "Campus security officer" means an employee of the college designated by and who is responsible to the vice president of administration.

(5) "College" means Lake Washington Institute of Technology.

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

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

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

(9) "Safety and security supervisor" means the college's safety and security supervisor as designated by and responsible to the vice president of administration.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-116-030, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-030, filed 7/16/92, effective 8/16/92.

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-040, filed 7/16/92, effective 8/16/92.

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

(1) All employees and students of the college shall obtain and display a currently valid parking permit on all vehicles parked or left standing unattended in parking areas which are posted as requiring permits.

(2) All persons parking in parking areas which are posted as requiring permits shall secure and display a currently valid parking permit upon approval of need for a special permit or within five days from their date of registration or from their first day of employment.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-050, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-060 Visitor permits.

(1) All guests or visitors (including salespersons and maintenance or service personnel) will park in appropriate parking areas, and in parking areas requiring permits only after obtaining a temporary permit from the safety and security supervisor or a designee.

(2) Vehicle repair customers who have scheduled service or repairs with one of the motor vehicle technology courses operating an abatement program may obtain a twenty-four hour visitor permit a vehicle after repair or service.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-060, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-070 Responsibility of person to whom permit is issued.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-070, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-080 Display of permits.

(1) An annual parking permit issued by the college pursuant to WAC 495D-116-040 through 495D-116-060 must be visibly affixed on the inside of the rear window of the vehicle for which the permit is issued, on the lower left-hand corner of the window as viewed from the rear of the vehicle. If the vehicle is a convertible or has no rear window, the annual permit must be affixed to the driver side rear bumper or driver side windshield lower corner. Motorcycle permits must be affixed in a conspicuous place.

(2) A temporary parking permit issued by the college pursuant to WAC 495D-116-040 through 495D-116-060 must be visibly placed on the inside of the rear window deck of the vehicle for which the permit is issued, on the left-hand side of the window deck as viewed from the rear of the vehicle. If the vehicle has no window deck, the permit may be taped to the window. If the vehicle is a convertible or has no rear window, the temporary permit must be place on the driver side of the instrument cowling. Motorcycle permits must be affixed in a conspicuous place.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-080, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-090 Transfer of permits.

Parking permits are not transferable. If a vehicle is sold or traded, any replacement vehicle must be registered with the safety and security supervisor or designee and the permit will be reissued at no additional charge.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-090, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-100 Permit revocation.

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

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

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

(3) Falsification on a vehicle registration application;

(4) More than two violations of parking and traffic rules;

(5) Counterfeiting or altering of permits;

(6) Commission of a theft or other crime in a vehicle parking area.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-100, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-110 Right to refuse permit.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-110, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-120 Appeal of permit revocation or refusal.

When a parking permit has been revoked under WAC 495D-116-100 or has been refused in accordance with WAC 495D-116-110 or when a fine or penalty has been levied for a purported violation of this chapter, that action by the vice president of administration or a designee may be appealed in accordance with WAC 495D-116-180.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-120, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-130 Delegation of authority.

The authority and powers conferred upon the vice president of administration by this chapter are subject to delegation to that individual's subordinates.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-130, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-140 Enforcement.

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

(2) The vice president of administration or a designee is responsible for the enforcement of this chapter.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-140, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-150 Violation of parking and traffic rules.

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

(2) In instances where a vehicle has more than two violations, the vice president of administration or a designee, with appropriate documented evidence, may order the vehicle impounded.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-150, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-160 Issuance of traffic tickets or summons.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-160, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-170 Fines and penalties.

(1) The safety and security supervisor or a designee may impose fines and penalties for violation of this chapter: The vice president of administration shall establish a schedule of fines. The college shall publish the current schedule annually in the schedule of courses and on the traffic parking citation form.

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

(a) No valid permit displayed;

(b) Visitor parking violations;

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

(e) Handicapped parking violation;

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

(g) Parking in reserved staff space without authorization;

(h) Blocking or obstructing traffic;

(i) Parking adjacent to a fire hydrant;

(j) Parking in a fire lane;

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

(l) Other violations of college parking traffic rules.

(3) At the discretion of the vice president of administration or a designee, an accumulation of citations by a staff, administrator, or faculty member may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.

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

(a) The student may be refused a transcript of credits, hours, or courses, a record of training, and other student records until all fines are paid;

(b) The student may not receive a certificate, diploma, or degree until all fines are paid;

(d) The student's accumulation of fines may be turned over to a private collection agency for the collection of past due fines.

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

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

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

(8) Persons may appeal the issuance of a citation according to WAC 495D-116-180.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-170, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-180 Appeal of citations and penalties.

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

(2) Appeals must be submitted to the safety and security supervisor within five days from the date of citation. The appeal shall be handled as a brief adjudicative proceeding.

(3) The supervisor's decision shall be final unless an appeal is filed with the vice president of administrative services within twenty-one days. Any decision of the vice president shall be final.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-180, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-200 Disclaimer of liability by college.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-200, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-210 Designation of parking.

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

(2) Special provisions shall be made for physically disabled employees, visitors, students, or their designees. Physically disabled individuals using handicapped parking spaces must display in that vehicle a valid state-issued disabled parking permit or license plate. The safety and security supervisor shall issue temporary permits for temporarily handicapped persons. In addition to the disabled permit, valid college parking permits must be purchased and displayed on the vehicle in parking areas requiring permits.

(3) Spaces specifically designated as "visitor" are to be used only by visitors driving vehicles without continuing or annual permits, for a maximum time period of forty-eight hours. A temporary permit is not required. Visitors requiring parking for longer than forty-eight hours may obtain a temporary permit from the safety and security supervisor, and will park in normal undesignated spaces.

(4) The vice president of administration may designate parking spaces for special purposes as deemed necessary.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-210, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-220 Parking within designated spaces.

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

(2) No vehicle may be parked so as to occupy any portion of more than one parking space or stall, except that a vehicle which is larger than one space may also occupy so much of an adjoining space(s) as is (are) necessary and as limited elsewhere in this chapter. Repeated parking on campus of oversize vehicles is discouraged in order to permit maximum utilization of limited parking spaces.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-220, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-230 Regulatory signs, markings, barricades, etc.

The vice president of administration or a designee may make and erect signs, barricades, and other structures and paint marks and other directions upon the streets, entrances, exits, and roadways for the regulation of traffic and parking upon the various public lands operated or maintained by the college. Drivers or vehicles shall observe and obey all the signs, barricades, structures, markings, and directions given them by the campus safety and security supervisor or designee in the control and regulation of traffic and parking.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-230, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-240 Speed limit.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-240, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-250 Pedestrian right of way.

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

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

(3) Handicapped pedestrians using motorized or manually propelled wheelchairs or like equipment shall not be required to use curbs or sidewalks where there are none. Motor vehicle operators shall yield the right of way to wheelchair bound persons in any event.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-250, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-260 Two-wheeled motorcycles or bicycles.

(1) All two-wheeled vehicles powered by an engine shall park in areas designated for motorcycles only and will not use spaces assigned to automobiles or bicycles.

(2) Bicycles and other nonengine powered cycles must be parked in bicycle racks where provided. No person may park a bicycle inside a building or in such a manner as to block or obstruct the normal flow of pedestrian traffic.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-260, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-270 Report of accidents.

(1) The operator of a vehicle involved in an accident on campus resulting in injury or death of a person or claimed damage to either or both vehicles exceeding five hundred dollars shall immediately report the accident to the safety and security supervisor. Accidents occurring after the close of business must be reported the next working day. Within twenty-four hours after the accident, the operator shall file a state of Washington motor vehicle accident report.

(2) Other minor accidents may be reported to the safety and security supervisor for insurance record purposes.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-270, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-116-280 Disabled or inoperative vehicles—Impounding.

(1) No vehicle shall be parked on the campus for a consecutive period exceeding seventy-two hours, without authorization from the vice president of administration or a designee.

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

(3) Notice of intent to impound will be posted on the vehicle at least twenty-four hours before it will be impounded.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-116-280, filed 7/16/92, effective 8/16/92.

Chapter 495D-121 Student conduct code.

Wash. Admin. Code § 495D-121-310 Student conduct code—Statement of purpose.

(1) The state of Washington operates Lake Washington Institute of Technology to provide programs of instruction in higher education and related community services. Like any other institution that has its own special purposes, the college must maintain conditions conducive to the effective performance of its functions. Consequently, the college has special expectations regarding the conduct of the participants in the college community.

(2) Admission to the college carries the expectation that students will conduct themselves as responsible college community members. This includes an expectation that students will:

(a) Obey appropriate laws;

(b) Follow college and department rules;

(3) The college will deal with violations of college rules or conduct that interferes with the operation of college affairs. The college may impose sanctions independently of any action taken by civil or criminal authorities. Provisions of this code are subject to change. The college may report misconduct of students enrolled through the high school programs office to the student's parents. The college may report misconduct to any parent who claims the student as a dependent or as otherwise provided by the Family Educational Rights and Privacy Act of 1972, as amended.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-310, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-320 Student conduct code—Jurisdiction.

(1) The student conduct code shall apply to student conduct that occurs:

(a) On college premises;

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

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

(2) Jurisdiction extends to, but is not limited to, locations in which students engage in official college activities including, but not limited to:

(a) Foreign or domestic travel;

(b) Activities funded by the associated students;

(d) Training internships;

(e) Cooperative and distance education;

(f) Online education;

(g) Practicums;

(h) Supervised work experiences;

(i) 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.

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

(5) The college has sole discretion, on a case-by-case basis, to determine whether the student conduct code will be applied to conduct to students or student groups that occurs off campus.

History

Statutory Authority: RCW 28B.50.140(13). WSR 24-07-022, § 495D-121-320, filed 3/9/24, effective 4/9/24. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-320, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-320, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-330 Student conduct code—Definitions.

The following definitions apply for the purposes of this student conduct code:

(1) "Business day" means a weekday, excluding weekends and official college holidays.

(2) "College premises" shall include all campuses of the college, wherever located, and includes all land, buildings, facilities, vehicles, equipment, and other property the college owns, uses, or controls.

(3) "Complainant" means an alleged victim of sexual misconduct.

(4) "Conduct review officer" means the vice president of student services or other college administrator the president designates to have responsibility to receive and review or refer appeals of student disciplinary actions consistent with the procedures of this code. The president can reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as reasonably necessary.

(5) "Disciplinary action" means the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.

(6) "Disciplinary appeal" means the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. The student conduct committee hears disciplinary appeals for a suspension in excess of 10 instructional days or a dismissal. The college will review appeals of all other appealable disciplinary action through brief adjudicative proceedings.

(7) "Filing" means the process by which a document is officially delivered to a college official responsible to facilitate a disciplinary review. Unless otherwise provided, filing shall be accomplished by:

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

(b) Sending the document by email or first class mail to the specified college official's office and college email address.

Papers required for filing are considered filed when the specified college official actually receives the papers during office hours.

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

(9) "President" means the president of the college. The president is authorized to:

(a) Delegate any of their responsibilities as set forth in this chapter as may be reasonably necessary; and

(b) Reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary.

(10) "Respondent" means the student against whom the college initiates disciplinary action.

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

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

(b) Sending the document by email 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 or deposited in the mail.

(12) "Sexual misconduct" has the meaning ascribed to this term in WAC 495D-121-590(18).

(13) "Student" includes all persons who take classes at or through the college, whether on a full-time or part-time basis, and whether such classes are credit courses, noncredit courses, online courses, or otherwise. People 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 were notified of their acceptance for admission are considered students for purposes of this chapter.

(14) "Student conduct committee" means a college committee as described in WAC 495D-121-400.

(15) "Student conduct officer" means a college administrator to whom the president or vice president of student services designates responsibility to implement and enforce the student conduct code. The president or vice president can reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as reasonably necessary.

(16) "Student group" is a student organization, athletic or intramural team, or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, student performance groups, and student living groups within student housing.

(17) "Title IX coordinator" means a college administrator to whom the president designates responsibility to implement and enforce the guidelines of federal Title IX legislation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 24-07-022, § 495D-121-330, filed 3/9/24, effective 4/9/24. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-330, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-330, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-340 Student conduct code—Initiation of discipline.

(1) The student conduct officer initiates all disciplinary actions. If that officer is the subject of a complaint the respondent initiates, the president will, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities that relate to the complainant.

(2) The student conduct officer initiates disciplinary action by personally informing the student of the allegations or serving the respondent with written notice directing them to attend a disciplinary meeting. The notice will briefly describe the:

(a) Factual allegations;

(b) Provision(s) of the conduct code the respondent allegedly violated;

(d) Time and location of the meeting.

At the meeting, the student conduct officer will present the allegations to the respondent and the respondent will be afforded an opportunity to explain what took place. If the respondent fails or refuses to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.

(3) The student conduct officer, prior to taking disciplinary action in a case involving allegations of sexual misconduct, will make a reasonable effort to contact the complainant to discuss the results of the investigation and possible disciplinary sanctions and/or conditions, if any, that may be imposed upon the respondent if the allegations of sexual misconduct are found to have merit.

(4) Within ten calendar 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 will give the respondent a written decision that states:

(a) The facts and conclusions that support the decision;

(b) The specific student conduct code provisions that were violated;

(d) A notice of any appeal rights with an explanation of the consequences of not filing a timely appeal.

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

(a) Exonerate the respondent and terminate the proceedings;

(b) Impose a disciplinary sanction(s) as described in WAC 495D-121-290;

(c) Refer the matter directly to the student conduct committee for such disciplinary action as the committee deems appropriate. The student conduct officer will make this referral in writing, to the attention of the student conduct committee's chair with a copy served on the respondent.

(6) In cases involving allegations of sexual misconduct, the student conduct officer, on the same date that a disciplinary decision 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 prompt notice of the protective disciplinary sanctions and/or conditions.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-340, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-340, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-350 Student conduct code—Appeal from disciplinary action.

(1) The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within ten 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 conduct review 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

(c) Discipline cases referred to the committee by the student conduct officer, the conduct review officer, or the president.

(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;

(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.

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

(10) In cases involving allegations of sexual misconduct, the complainant has the right to appeal the following actions by the student conduct officer following the same procedures as set forth above for the respondent:

(a) The dismissal of a sexual misconduct complaint; or

(b) Any disciplinary sanction(s) and conditions imposed against a respondent for a sexual misconduct violation, including a disciplinary warning.

(11) If the respondent timely appeals a decision imposing discipline for a sexual misconduct violation, the college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.

(12) Except as otherwise specified in this chapter, a complainant who timely appeals a disciplinary decision or who intervenes as a party to the respondent's appeal of a disciplinary decision shall be afforded the same procedural rights as are afforded the respondent.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-350, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-350, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-360 Student conduct code—Brief adjudicative proceedings (BAPs) authorized.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494. Brief adjudicative proceedings shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the president or a designee, in regard to:

(1) Parking violations;

(2) Outstanding debts owed by students or employees;

(3) Use of college facilities;

(4) Residency determinations;

(5) Use of library - Fines;

(6) Challenges to contents of education records;

(7) Loss of eligibility for participation in institution sponsored athletic events;

(8) Denials of requests for public records;

(9) Student conduct appeals involving the following disciplinary actions:

(a) Suspensions of ten instructional days or less;

(b) Disciplinary probation;

(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions; and

(e) Appeals by a complainant in student disciplinary proceedings involving allegations of sexual misconduct in which the student conduct officer:

(i) Dismisses disciplinary proceedings based upon a finding that the allegations of sexual misconduct have no merit; or

(ii) Issues a verbal warning to respondent.

(10) Appeals of decisions regarding mandatory tuition and fee waivers.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-360, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-370 Student conduct code—Brief adjudicative proceedings—Agency record.

The agency record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. These records shall be maintained as the official record of the proceedings.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-370, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-380 Student conduct code—Brief adjudicative proceedings—Initial hearing.

(1) Brief adjudicative proceedings shall be conducted by a 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.

(2) Before taking action, the conduct review officer shall conduct an informal hearing and provide each party:

(a) An opportunity to be informed of the agency's view of the matter; and

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

(3) The conduct review officer shall serve an initial decision upon both the parties within ten 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 days of service of the initial decision, the initial decision shall be deemed the final decision.

(4) 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.

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

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-380, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-380, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-390 Student conduct code—Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the president, provided a party files a written request for review with the conduct review officer within ten 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 all parties 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 twenty days of the initial decision or of the request for review, whichever is later. 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 twenty 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 more than ten instructional days or 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-390, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-390, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-400 Student conduct code—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;

(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 annual 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 14-14-047, § 495D-121-400, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-410 Student conduct code—Appeal—Student conduct committee.

(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 days before the hearing by any party or at the direction of the committee chair, the parties shall exchange, no later than the third 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 student 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 and complainant 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) In cases heard by the committee, each party may be accompanied at the hearing by a nonattorney assistant of their choice. The respondent in all appeals before the committee, or a complainant in an appeal involving allegations of sexual misconduct before the committee, 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-410, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-410, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-420 Student conduct code—Student conduct appeals committee hearings—Presentation 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 he/she selects, in accordance with RCW 34.05.449. 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, 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.

(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.

(7) In cases involving allegations of sexual misconduct, no party shall directly question or cross examine one another. Attorneys 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-420, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-420, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-430 Student conduct code—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 days following the later of the conclusion of the hearing, or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The initial 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 code. If the matter is an appeal by a party, 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-430, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-430, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-440 Student conduct code—Appeal from student conduct committee initial decision.

(1) A respondent 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 ten 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 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 shall not engage in an ex parte communication with any of the parties regarding an appeal.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-440, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-440, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-450 Student conduct code—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.

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

(a) Has violated 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.

(4) 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 conduct review 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.

(5) Hearing procedures:

(a) The conduct review officer shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension.

(b) During the summary suspension hearing, the issue before the conduct review 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 conduct review 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 conduct review officer shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

(6) 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-450, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-450, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-460 Student conduct code—Discipline procedures for cases involving allegations of sexual misconduct—Supplemental sexual misconduct procedures.

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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-460, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-460, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-500 Student conduct code—Free movement on campus.

The president or designee is authorized in the instance of any event that they deem impedes the movement of persons or vehicles or which they deem to disrupt the ingress or egress of persons from the college facilities, to prohibit the entry of, or withdraw the license of, or privileges of a person or persons or any group of persons to enter onto or remain upon any portion of the college facility. The president may act through the vice president of administrative services or any other person they may designate.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-500, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-500, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-510 Student conduct code—Right to demand identification.

To determine if probable cause exists to apply any section of this code to any behavior by any person on a college facility, any college employee or other authorized personnel may demand that anyone on college facilities produce identification and/or evidence of student enrollment at the college by any of the following:

(1) Student identification card;

(2) Registration schedule;

(3) Receipt for payment of fees for a current course.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-510, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-520 Student conduct code—Civil disturbances.

In accordance with provisions contained in RCW 28B.10.571 and 28B.10.572:

(1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty, staff member, or student of the college who is in the peaceful discharge or conduct of their duties or studies.

(2) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty, staff member, or student of the college who is in the peaceful discharge of their duties or studies.

(3) The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any administrator, faculty, or staff member who is engaged in the reasonable exercise of their disciplinary authority.

(4) Any person or persons who violate the provisions of subsections (1) and (2) of this section will be subject to disciplinary action and referred to the authorities for prosecution.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-520, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-520, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-530 Student conduct code—Authority to prohibit trespass.

(1) Individuals who are not students or members of the faculty or staff and who violate Lake Washington Institute of Technology's rules, or whose conduct threatens the safety or security of its students, staff, or faculty will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the campus president, or their designee, to leave the college property. Such a request will be deemed to prohibit the entry of, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW.

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

(3) When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice president of administrative services or designee within ten days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice president of administrative services or designee will be the final decision of the college and should be issued within five business days.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-530, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-530, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-540 Student conduct code—Academic dishonesty and classroom, lab, clinic conduct.

(1) Honest assessment of student performance is of crucial importance to all members of the academic community. The college views acts of dishonesty as serious breaches of honor and will deal with them using the following:

(a) College administration and faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty.

(b) Any student who, for the purpose of fulfilling any assignment or task required by a faculty member as part of the student's program of instruction, shall knowingly tender any work product that the student fraudulently represents to the faculty member as the student's work product, shall be deemed to have committed an act of academic dishonesty. Acts of academic dishonesty are cause for disciplinary action.

(c) Any student who aids or abets an act of academic dishonesty, as described in (b) of this subsection, may be subject to disciplinary action.

(d) Faculty may adjust the student's grade on a particular project, paper, test, or class for academic dishonesty. This section shall not be construed as preventing a faculty from taking immediate disciplinary action when they must act upon such breach of academic dishonesty to preserve order and prevent disruptive conduct in the classroom.

(2) Instructors have the authority to take whatever summary actions necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the course objectives.

(a) Any student who, by any act of misconduct, substantially disrupts a class by engaging in conduct that renders it difficult or impossible to maintain the decorum of the faculty's class is subject to disciplinary action.

(b) The faculty of each course, or the managing authority of distance learning courses, can take steps as necessary to preserve order and to maintain the effective cooperation of the class in fulfilling the course objectives, given that a student shall have the right to appeal the disciplinary action to the faculty's supervisor.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-540, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-540, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-570 Student conduct code—Authority.

The board of trustees, acting pursuant to RCW 28B.50.140 (13), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student services or designee. The student conduct officer shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-570, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-570, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-580 Student conduct code—Statement of student rights.

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

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-580, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-590 Student conduct code—Prohibited student conduct.

The college may impose disciplinary sanctions against a student who commits, or 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.

(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 of their faculty'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.

(2) 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.

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

(a) Any instruction, research, administration, disciplinary proceeding, or other college activity;

(b) The free flow of pedestrian or vehicular movement on college property or at a college activity;

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

(4) Assault, intimidation, and/or 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.

(5) Imminent danger. Where the student presents an imminent danger to college property, or to themselves, or other students or persons in college facilities on or off campus, or to the education processes of the college.

(6) Cyber misconduct. Cyberstalking, cyberbullying, or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health 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, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, and nonconsensual distribution of a recording of sexual activity.

(7) 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.

(8) Noncompliance. Failure to comply with:

(a) The direction of a college officer or employee who is acting in the legitimate performance of their duties, including failure to properly identify oneself to such a person when requested to do so;

(b) A college rule or policy as set forth in the Lake Washington Institute of Technology Policies and Procedures Manual which may be found in the library or online.

(9) Weapons. Possession, holding, wearing, transporting, storage, or presence of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, martial arts weapons, explosive device, dangerous chemicals, 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; or

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

(c) The president or designee may authorize possession of a weapon on campus upon a showing that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in advance to bringing weapons to the college, in writing, and shall be subject to such terms or conditions incorporated therein.

(10) Hazing.

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

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

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

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

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

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

(ii) Humiliation by ritual act;

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

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

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

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

(11) 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 25 feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased, or operated by the college. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco, and snuff.

(12) Alcohol. Being observably under the influence of any alcoholic beverage, or otherwise using, possessing, selling, or delivering any alcoholic beverage, except as permitted by law and authorized by the college president.

(13) Marijuana. The use, possession, delivery, sale, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

(14) Drugs. The use, possession, delivery, sale, or being observably under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner. Being observably under the influence of any lawfully prescribed drug when enrolled in classes that require operation of heavy equipment or other dangerous equipment.

(15) Disorderly conduct. Conduct which is disorderly, lewd, obscene, or a breach of peace on college premises or at college sponsored activities that is not otherwise protected under the law.

(16) 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; religion; creed; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

(17) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the supplemental procedures to this code. See WAC 495D-121-680 (supplemental Title IX student conduct procedures).

(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.

(d) 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.

(e) 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.

(f) 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 18.

(g) Statutory rape. Consensual intercourse between a person who is 18 years of age or older, and a person who is under the age of 16.

(h) 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.

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

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

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

(A) The length of the relationship;

(B) The type of relationship; and

(j) 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.

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

(19) 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.

(20) Misuse of information resources. Theft or other 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 or abusive message, text, or image;

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

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

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

(i) Failure to comply with the college's acceptable use policy.

(21) Breach of campus safety. Safety violation includes any nonaccidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community. Breaching campus safety or security includes, but is not limited to:

(a) Unauthorized access to college facilities; intentionally damaging door locks; unauthorized possession of college keys or access cards; duplicating college keys or access cards; propping open of exterior doors; or unauthorized entry onto or into college property;

(b) Tampering with fire safety equipment, such as fire extinguishers, smoke detectors, alarm pull stations or emergency exits or triggering false alarms or other emergency response systems;

(c) Placement of equipment or vehicles, including bicycles, so as to obstruct the means of access to/from college buildings;

(d) Entering or remaining in any closed college facility or entering after the closing time of the college facility without permission of a college official;

(e) Operation of any motor vehicle on college property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person.

(22) Abuse of procedures. 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;

(g) Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.

(23) 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.

(24) 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.

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 24-07-022, § 495D-121-590, filed 3/9/24, effective 4/9/24. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-590, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 16-10-092, § 495D-121-590, filed 5/3/16, effective 6/3/16
WSR 14-14-047, § 495D-121-590, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-600 Student conduct code—Disciplinary sanctions.

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

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

(b) 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.

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

(d) Disciplinary suspension. Dismissal from the college and from the student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission.

(e) 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.

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

(a) 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.

(b) 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 including, but not limited to, drug and alcohol education, anger management coursework, or ongoing treatment. 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.

(c) 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:

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

(ii) 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.

(d) No contact orders and other summary relief. The college may require a student to refrain from any form of contact with another student or college employee. Other forms or relief include, but are not limited to: Switching to alternate sections of individual classes or programs, delaying admission to an instructional program, assigned seating during a class, or behavioral contracts.

(3) Secondary sanctions. No order of severity is established for secondary sanctions:

(a) Community/college service. A student may be offered an opportunity to complete a specified number of hours of community/college service in lieu of other sanctions. The type of community/college service must be approved by the hearing officer.

(b) Educational requirements. A provision to complete a specific educational requirement directly related to the violation committed. The provision will be clearly defined. Such educational requirements may include, but are not limited to, completion of an alcohol education workshop, a diversity awareness workshop, an anger management class, essays, or reports.

(c) Restrictions. The withdrawal of specified privileges for a definite period of time, but without the additional stipulations contained in the imposition of conduct probation. The restrictions involved will be clearly defined.

(d) Loss of parking privileges on campus. Revocation of parking privileges.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-600, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-600, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-605 Student conduct code—Hazing prohibited—Sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 495D-121-590(10).

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

(3) Washington state law provides that:

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 24-07-022, § 495D-121-605, filed 3/9/24, effective 4/9/24.

Wash. Admin. Code § 495D-121-610 Student conduct code—Loss of eligibility, student activity participation.

Any student found to have violated chapter 69.50 RCW, the Uniform Controlled Substances Act or chapter 69.41 RCW, legend drugs, 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, be disqualified from participation in any school-sponsored student events or activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-610, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-620 Student conduct code—Refunds and access.

(1) The college's refund policy covers refund of fees for the quarter in which disciplinary action occurs.

(2) The college may deny a student access to all or any part of the campus or other facility if they were suspended on the basis of conduct, which disrupted the orderly operation of the campus or any facility of the district, may be denied.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-620, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-620, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-630 Student conduct code—Readmission after suspension.

The college will normally readmit any student suspended from the college for academic or disciplinary reasons on a space available basis in the students' program of study, when the suspension ends.

(1) The college may readmit a student after receiving approval of a written petition submitted to the vice president, or other designated administrator, who imposed such suspension if:

(a) A student who was suspended believes that circumstances merit reconsideration of the suspension before it ends.

(b) The student was suspended with conditions imposed for readmission.

(2) This petition must state reasons that support a reconsideration of the matter. The vice president's or designee's decision, after reviewing the petition, is final.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-630, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-640 Student conduct code—Reestablishment of academic standing.

Students who were dismissed or suspended consistent with disciplinary procedures set forth in WAC 495D-121-340 and 495D-121-600 and whose dismissal or suspension upon appeal is found unwarranted, will have the opportunity to reestablish their academic and student standing to the extent possible within the college's abilities, including an opportunity to retake exams or otherwise complete course offerings missed because of such action.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-640, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-650 Student conduct code—Campus speakers.

(1) Student organizations officially recognized by the college may invite speakers to the campus to address their own membership and other interested students and faculty if:

(a) Suitable space is available.

(b) It does not interfere with the college's regularly scheduled programs.

Although allowed by the college, having such speakers on the campus does not imply the college's approval or disapproval of them or their viewpoints. For speakers who are candidates for political office, the college will make equal opportunities available to opposing candidates if they desire.

(2) To ensure an atmosphere of open exchange and to not obscure the college's educational objectives, the president or designee, in a case with strong emotional feeling, may set conditions for conducting the meeting, such as requiring:

(a) A designated member of the college community as chair; or

(b) Permission for comments and questions from the floor.

The president or designee may encourage the appearance of one or more additional speakers at any meeting or at following meetings so people can express other points of view. The president may designate representatives to recommend conditions such as time, manner, and place for conducting particular meetings.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-650, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-660 Student conduct code—Distribution of information.

(1) Students and members of recognized student organizations or college employees, may sell or distribute handbills, leaflets, newspapers, and similar materials free of charge on or in college facilities at locations specifically designated by the appropriate administrator, as long as the distribution or sale:

(a) Does not interfere with people's ingress or egress;

(b) Does not impede the free flow of vehicular or pedestrian traffic;

(d) Does not incite imminent violence.

(2) All nonstudents must contact the director of student programs or designee and get directions on where, when, and the manner of distribution before distributing any handbill, leaflet, newspaper, or related matter. This ensures that such distribution or sale does not interfere with the free flow of vehicular or pedestrian traffic.

(3) Anyone who violates provisions of subsections (1) and (2) of this section is subject to disciplinary action. Anyone who violates provisions of subsection (2) of this section is subject to removal from the college campus.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-660, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-670 Student conduct code—Commercial activities.

(1) No one can use college facilities for commercial solicitation, advertising, or promotional activities except when these activities:

(a) Clearly serve educational objectives including, but not limited to, display of books of interest to the academic community or the display or demonstration of technical or research equipment.

(b) Are conducted under the sponsorship or at the request of the college or official college organizations if the solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic.

(2) Students cannot use college facilities, equipment, and supplies for personal commercial gain.

(3) For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 495D-121-660.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-121-670, filed 6/25/14, effective 7/26/14.

Wash. Admin. Code § 495D-121-680 Student conduct code—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 Lake Washington Institute of Technology's standard disciplinary procedures, WAC 495D-121-320 through 495D-121-670, 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-680, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-690 Student conduct code—Prohibited conduct under Title IX.

Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, Lake Washington Institute of Technology 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 Lake Washington Institute of Technology employee conditioning the provision of an aid, benefit, or service of Lake Washington Institute of Technology 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 Lake Washington Institute of Technology'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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-690, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-700 Student conduct code—Prohibited conduct under Title IX jurisdiction.

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

(a) Occurred in the United States;

(b) Occurred during a Lake Washington Institute of Technology 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 Lake Washington Institute of Technology 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 Lake Washington Institute of Technology.

(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 Lake Washington Institute of Technology from pursuing other disciplinary action based on allegations that the respondent violated other provisions of Lake Washington Institute of Technology's student conduct code, WAC 495D-121-320 through 495D-121-670.

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

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-700, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-710 Student conduct code—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 either the chair of the student conduct committee or the college's appointed Title IX hearing officer and serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

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

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

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

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

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

(ii) An advisor may be an attorney; and

(iii) Lake Washington Institute of Technology will appoint the party an advisor of Lake Washington Institute of Technology'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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-710, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-720 Student conduct code—Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee or the college's appointed Title IX hearing officer will send a hearing notice to all parties, in compliance with WAC 495D-121-410. 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 Lake Washington Institute of Technology intends to offer the evidence at the hearing.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-720, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-730 Student conduct code—Rights of parties.

(1) Lake Washington Institute of Technology's student conduct procedures, WAC 495D-121-320 through 495D-121-670, and this supplemental procedure shall apply equally to all parties.

(2) The Lake Washington Institute of Technology 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 Lake Washington Institute of Technology's choosing on the party's behalf at no expense to the party.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-730, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-740 Student conduct code—Evidence.

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

(1) Relevance: The committee chair or the college's appointed Title IX hearing officer shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

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

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

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

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

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

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

(6) Privileged evidence: The committee or the college's appointed Title IX hearing officer shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-740, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-750 Student conduct code—Initial order.

(1) In addition to complying with WAC 495D-121-430, the student conduct committee or the college's appointed Title IX hearing officer will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

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

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

(e) Contains a statement of, and rationale for, the committee's or the college's appointed Title IX hearing officer'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 Lake Washington Institute of Technology's education programs or activities; and

(h) Describes the process for appealing the initial order to the Lake Washington Institute of Technology president.

(2) The committee chair or the college's appointed Title IX hearing officer will serve the initial order on the parties simultaneously.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-750, filed 8/24/21, effective 9/24/21.

Wash. Admin. Code § 495D-121-760 Student conduct code—Appeals.

(1) The parties shall have the right to appeal from the initial order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the same procedures and time frames set forth in WAC 495D-121-440.

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

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

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-121-760, filed 8/24/21, effective 9/24/21.

Chapter 495D-122 Withholding services for outstanding debts.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-122-010, filed 7/16/92, effective 8/16/92.

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

(1) Upon receiving a request for services where there is an outstanding debt due to the college from the requesting person, the college shall notify the person initially in person or by first-class mail that the services will not be provided since there is an outstanding debt due. Any initial in-person notification should be followed by written notification by first class mail, except where the debt is cleared upon in-person notification. The person shall be told that until the debt is satisfied, requested services will not be provided.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-122-020, filed 7/16/92, effective 8/16/92.

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

(1) Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and shall hold an informal hearing concerning whether the individual in fact owes any outstanding debts to the college. The hearing must be conducted within ten days of the request for a hearing.

(2) After the informal hearing, a decision shall be rendered by the president's designee indicating whether in fact the college is correct in withholding services for the outstanding debt. If the outstanding debt is owed by the individual involved, no further services shall be provided. Notification of this decision shall be sent to the individual within five days after the hearing.

(3) This hearing shall constitute a brief adjudicative proceeding established by the Administrative Procedure Act at RCW 34.05.482 through 34.05.494. The designee's decision shall be final unless the person within twenty-one days requests review by the president.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-122-030, filed 7/16/92, effective 8/16/92.

Chapter 495D-123 Withholding of services and other remedies for outstanding debts.

Wash. Admin. Code § 495D-123-010 Policy.

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

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-123-010, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-123-020 Notification.

(1) Upon receiving a request for services when there is an outstanding debt due to the college from the requesting person, the college shall notify the person by first class mail addressed to his or her last known mailing address that there is an outstanding debt and that the requested services will not be provided until that debt is paid.

(2) The letter of notification shall also state that the individual has a right to a brief adjudicative hearing before the administrator of financial services or another person designated by the president, for the purpose of determining whether the individual is in fact indebted to the institution as alleged in the notice. The letter shall indicate that any request for a hearing must be received by the person who will conduct the hearing within twenty calendar days from the date of posting of said letter.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-123-020, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-123-030 Procedure for informal hearings.

Upon receipt of a timely request for a hearing, the administrator of financial services or the person designated by the president shall have the records and files of the college available for review and shall promptly hold an informal hearing to determine whether the individual in fact owes any outstanding debts to the institution. After the informal hearing, a decision shall be rendered by the hearing officer indicating whether in fact the institution is correct in withholding services. Notification of this decision shall be sent to the individual within five regular college business days after the hearing. Such hearing shall constitute a brief adjudication proceeding as established by the Administrative Procedure Act at RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-123-030, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-123-040 Other remedies.

Withholding of services or other action(s) under this chapter shall not bar or restrict the college from pursuing any or all other available remedies, including but not limited to those in RCW 19.16.500 and 43.88.175 and/or appropriate court action.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-123-040, filed 12/15/92, effective 1/15/93.

Chapter 495D-130 Tuition and fee schedules.

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

Chapter 28B.15 RCW and RCW 28B.50.327 set the parameters for tuition and fee levels at state community and technical colleges. Based on this legislation, the specific amounts to be charged are recommended by the administration and adopted by the board of trustees of Lake Washington Institute of Technology.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-130-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-130-010, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-130-015 Tuition and fee waivers.

Chapter 28B.15 RCW and RCW 28B.50.327 set the parameters for tuition and fee waivers at state community and technical colleges. Based on this legislation, the specific types of tuition and fee waivers are established by the administration and adopted by the board of trustees of Lake Washington Institute of Technology.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-130-015, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-130-015, filed 7/16/92, effective 8/16/92.

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

Additional and detailed information and specific amounts to be charged for each category of students and courses will be found in the college catalog, schedule of courses, and in the following locations on the Lake Washington Institute of Technology campus:

(1) The office of admissions;

(2) The registration office;

(3) The office of the administrator of financial services;

(4) The financial aid office; and

(5) The college relations office.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-130-020, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-130-020, filed 7/16/92, effective 8/16/92.

Chapter 495D-131 Scholarships.

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

The financial aid office keeps detailed information about the criteria, eligibility, procedures for application, and other information on scholarships offered by Lake Washington Institute of Technology or administered by the financial aid office. Detailed information concerning the Lake Washington Foundation Scholarships is located in the Foundation office at the college.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-18-041, § 495D-131-010, filed 8/24/21, effective 9/24/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-131-010, filed 6/25/14, effective 7/26/14
WSR 11-19-083, § 495D-131-010, filed 9/20/11, effective 10/21/11. Statutory Authority: CR-102 [RCW 28B.50.140]. WSR 00-20-007, § 495D-131-010, filed 9/22/00, effective 10/23/00. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-131-010, filed 7/16/92, effective 8/16/92.

Chapter 495D-132 Financial aid.

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

Lake Washington Institute of Technology will offer a comprehensive financial program for students who use college, state, and federal financial aid resources and/or appropriate foundation resources. The financial aid office will:

(1) Provide financial aid information in college publications.

(2) Help students to get financial aid information.

(3) Determine student eligibility for financial aid.

(4) Manage the college's financial aid programs.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-132-010, filed 6/25/14, effective 7/26/14. Statutory Authority: CR-102 [RCW 28B.50.140]. WSR 00-20-007, § 495D-132-010, filed 9/22/00, effective 10/23/00. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-132-010, filed 7/16/92, effective 8/16/92.

Chapter 495D-133 Organization.

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

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

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

11605 132nd Avenue Northeast

Kirkland, WA 98034-8506

The office hours are 7:30 a.m. to 4:30 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following address:

6505 176th Avenue Northeast

Redmond, WA 98052-4943

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

11605 132nd Avenue Northeast

Kirkland, WA 98034-8506

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-133-020, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-133-020, filed 7/16/92, effective 8/16/92.

Chapter 495D-134 Designation of rules coordinator.

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

The rules coordinator for Lake Washington Institute of Technology is the president or his or her designee.

Lake Washington Institute of Technology

11605 132nd Avenue Northeast

Kirkland, WA 98034-8506

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-134-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-134-010, filed 7/16/92, effective 8/16/92.

Chapter 495D-135 Refund of tuition and special course/program connected fees.

Wash. Admin. Code § 495D-135-010 Purpose.

The board of trustees of College District No. 26 establishes policies for administering the refund of tuition and special course/program connected fees when a student withdraws from college or reduces class load.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-135-010, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-135-020 Definitions.

As used in this chapter:

(1) "Misconduct" means student action or inaction which violates a college rule or policy and results in suspension or dismissal from the college.

(2) "Registration fee" means a service fee charged to defray the clerical expense of processing a registration transaction.

(3) "Special course/program connected fees" means fees other than tuition required for enrollment (e.g., equipment fees, supply fees, laboratory material fees, excess cost fees, etc.).

(4) "Termination" means the dismissal from a course, program, or the college due to student misconduct or lack of academic progress.

(5) "Transfer" means moving from one course to another within the same registration transaction.

(6) "Tuition" means fees collected by College District No. 26 which include the general tuition fees, operating fees, and the services and activities fees.

(7) "Withdraw" and "withdrawal" means when a student formally leaves college by completing the forms and procedures specified in the published class schedule or otherwise established by the college.

History

Statutory Authority: RCW 28B.50.140. WSR 95-17-052, § 495D-135-020, filed 8/14/95, effective 9/14/95
WSR 93-01-084, § 495D-135-020, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-135-030 Tuition and fee refund policies generally.

Tuition and special course/program connected fee refunds will be made for a student's reduction in class load or complete withdrawal from college, in accordance with these rules. Students will forfeit all claims to refund of tuition and special course/program connected fees when they fail to withdraw from the college, when they are suspended or terminated for misconduct, and when the tuition and special course/program connected fees are designated in the quarterly course schedule and/or course announcement as nonrefundable.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-135-030, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-135-040 Tuition and special course/program connected fees refund policy.

It shall be the policy of Lake Washington Institute of Technology that students shall receive refunds of tuition and fees in a fair and equitable manner in accordance with policy expressed in state law. Further, all applicable federal laws and regulations will be observed and implemented when doing so is necessary to maintain eligibility for federal funding of programs, as allowed by state law.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-135-040, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.15.605 and 28B.50.140. WSR 03-13-080, § 495D-135-040, filed 6/16/03, effective 7/17/03. Statutory Authority: RCW 28B.50.140. WSR 00-03-030, § 495D-135-040, filed 1/12/00, effective 2/12/00
WSR 95-17-052, § 495D-135-040, filed 8/14/95, effective 9/14/95
WSR 93-19-075, § 495D-135-040, filed 9/14/93, effective 10/15/93
WSR 93-01-084, § 495D-135-040, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-135-050 Appeal.

A student may appeal denial of a refund request within one quarter of payment. All such appeals shall be made in writing, and filed with and decided by the registrar.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-135-050, filed 12/15/92, effective 1/15/93.

Chapter 495D-136 College calendar.

Wash. Admin. Code § 495D-136-010 College calendar.

At its regular December meeting, or such subsequent regular meeting as is practical, the board of trustees, upon recommendation from the president and after such conference with faculty and other staff as provided for in the college's bargained agreements, will adopt the college calendar(s) for the ensuing academic year(s). The president will solicit comments from all college staff regarding revisions to the calendar(s) prior to completing such recommendations to the board. Such calendar(s) will specify for each term the days available for instruction, the days which will constitute the final examination period (if any is scheduled), the days which will be designated as the college holidays, and other such dates as the board determines shall be of general use. The calendar for each academic year will begin with the summer term. The calendar(s) adopted as outlined above will be published in the college catalog and will be available in the offices of admissions and registration during regular college business hours.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-136-010, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-136-020 College closure.

In the event of severe weather conditions, power curtailment, a major disaster, or other emergency, the college president or his or her designee may close the college by a general announcement to that effect, which shall be conveyed to appropriate news media.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-136-020, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-136-030 Cancellation of classes.

Classes publicized in the printed quarterly schedule of classes may be cancelled by the registrar. Advance notice will be provided to students whenever possible and practical. The college shall not incur any liability for personal expenses incurred by students beyond:

(1) The refund of tuition and fees for such classes, as specified in chapter 495D-135 WAC and published in publications of the college; and

(2) The refund of payment for texts and supplies required for the cancelled class(es) which were purchased in the college bookstore, as provided by chapter 495D-144 WAC and in publications of the college and college bookstore.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-136-030, filed 12/15/92, effective 1/15/93.

Chapter 495D-140 Use of college facilities.

Wash. Admin. Code § 495D-140-010 Use of college facilities.

Lake Washington Institute of Technology serves King and Snohomish counties by providing continued educational opportunity for its citizens. In keeping with this general purpose, and consistent with RCW 28B.50.140(7) and 28B.50.140(9), the board of trustees believes that facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do not interfere with the educational mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-140-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-010, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-020 Limitation of use to school activities.

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

(a) The regularly established teaching or public service activities of the college and its departments;

(b) Training, educational, cultural, or recreational activities of the students, faculty, or staff;

(c) Short courses, inservices, seminars, or similar events, conducted either in the public service or for the advancement of specific college interests, when arranged under the sponsorship of the college;

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

(e) Activities or programs sponsored by educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the college.

(2) College facilities may be used by student organizations for regular business meetings, social functions, and for programs open to the public. Any recognized campus student organization may invite speakers from outside the college community. The appearance of an invited speaker on campus does not represent an endorsement by the college, its students, faculty, administration, or the board of trustees, implicitly or explicitly, of the speaker's views.

(3) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to insure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for use by individuals or groups within the college community. Arrangements by both organizations and individuals must be made through the vice president of administrative services. Allocation of space shall be made by such officer in accordance with these rules, board of trustees policy, college administration policy and procedure, and on the basis of time, space, priority of request, and the demonstrated needs of the applicant.

(4) In determining whether to accept a request for the use of college facilities the administration shall use the following priorities: First, activities of a nature that qualify for state FTE support; second, activities that are operated under a contract with the college; third, activities that are operated under the college's community service program; and fourth, activities that constitute rental of the facility that is related to training.

(5) The college may restrict an individual's or a group's use of college facilities if that person or group has, in the past, physically abused college facilities or is delinquent in payment of charges imposed for prior use of college facilities or equipment or supplies associated with such use. Charges may be imposed for damage or for any costs for the use of facilities or equipment or supplies associated with facility use. The individual, group, or organization requesting space will be required to state in writing in advance the general purpose of any meeting.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-020, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-030 Statement of intentions.

The college neither intends nor desires to compete with any local agency or private enterprise in making its facilities available to the community. Privately operated facilities exist which are well qualified to best meet many community needs. The college encourages the community to patronize local businesses or agencies. With this approach, the college will work cooperatively with local private enterprise to the mutual benefit of all concerned.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-030, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-040 General policies limiting use.

(1) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities or forums.

(2) Religious groups or groups of persons meeting for religious purposes shall not, under any circumstances, use the college facilities as a permanent meeting place. Use may be intermittent only.

(3) The college reserves the right to prohibit the use of college facilities by groups which restrict membership or participation in a manner inconsistent with the college's commitment to nondiscrimination.

(4) No one may post promotional signs or posters on buildings, trees, walls, or bulletin boards, or distribute of samples outside the rooms or facilities to which access has been granted.

(5) These rules shall apply to recognized student groups using college facilities.

(6) Handbills, leaflets, and similar materials, except those which are commercial, obscene, or unlawful, may be distributed by nonstudents in designated areas on the campus where, and at times when, such distribution will not interfere with the orderly administration of the college affairs or the free flow of traffic. Any distribution of materials must be authorized in advance by the vice president of administrative services and shall not be construed as support or approval of the content by the college community or the board of trustees.

(7) Use of audio amplifying equipment is permitted only in locations and at times which will not interfere with the normal conduct of college affairs as determined by the vice president of administrative services.

(8) No person or group may use or enter onto college facilities having in their possession firearms or other dangerous weapons, even if licensed to do so, except commissioned police officers as prescribed by law.

(9) The right of peaceful dissent within the college community will be preserved. The college retains the right to take steps to insure the safety of individuals, the continuity of the educational process, and the protection of property. While peaceful dissent is acceptable, violence or disruptive behavior is not a legitimate means of dissent. Should any person, group, or organization attempt to resolve differences by means of violence, the college and its officials need not negotiate while such methods are employed.

(10) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises. However, interference with free passage through areas where members of the college community have a right to be, interference with ingress and egress to college facilities, interruption of classes, injury to persons, or damage to property exceeds permissible limits.

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

(12) If a college facility abuts a public area or street, and if student activity, although on such public property, unreasonably interferes with ingress and egress to college buildings, the college may choose to impose its own sanctions although remedies might also be available through local law enforcement agencies.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-040, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-050 Administrative control.

The board hereby delegates to the president authority to set up administrative procedures for the use of college facilities; and to establish rental schedules, and fees for equipment and supplies associated with such rental, where appropriate.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-050, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-060 Trespass.

(1) Individuals who are not students or members of the faculty or staff and who violate Lake Washington Institute of Technology's rules, or whose conduct threatens the safety or security of its students, staff, or faculty will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the campus president, or his or her designee, to leave the college property. Such a request will be deemed to prohibit the entry of, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provision of chapter 9A.52 RCW.

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

(3) When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice president of administrative services or designee within ten days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice president of administrative services will be the final decision of the college and should be issued within five business days.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-140-060, filed 6/25/14, effective 7/26/14. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-060, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-070 Prohibited conduct at college facilities.

(1) Drugs. Being observably under the influence of any legend drug, narcotic drug, or controlled substance as defined in chapters 69.41 and 69.50 RCW, or otherwise using, possessing, delivering, or selling any such drug or substance, except in accordance with a lawful prescription for that person by a licensed health care professional. Being observably under the influence of any lawfully prescribed drug when enrolled in classes that require operation of heavy equipment or other dangerous equipment.

(2) Marijuana. The use, possession, delivery, sale, or being visibly under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

(3) Alcohol. Being observably under the influence of any alcoholic beverage, or otherwise using, possessing, selling, or delivering any alcoholic beverage, except as permitted by law and authorized by the college president.

(4) 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. "Related products" include, but are not limited to cigarettes, pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco, and snuff.

(5) 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; or

(b) A person with a valid concealed weapons permit may store a firearm in his or her vehicle parked on campus in accordance with RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view; or

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

(a) The college or state;

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

(d) Possession of such property or money after it has been stolen.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-14-047, § 495D-140-070, filed 6/25/14, effective 7/26/14. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-070, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-080 Control of pets in college facilities.

Pets are not permitted in campus buildings or on the grounds except guide or service dogs for the visually or hearing impaired. Exceptions to this rule may be granted by the director of campus services for good cause.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-080, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-090 Basis of fee assessment.

(1) Use fees reflect the college's assessment of the present market, the cost of operations, and an evaluation of the intended purpose and its relationship to the purposes of this college. A current fee schedule is available to interested persons from the inservice coordinator.

(2) The college does not wish to compete with private enterprise. Therefore, the college reserves the right to deny applications for facility use when the administration feels a commercial facility should be patronized. Facility use will not be granted for a commercial activity at a rental rate, or upon terms, less than the full and fair rental value of premises used, except where such use is in support of the educational program of the college.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-090, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-100 Application procedures.

(1) At least ten days prior to date of intended use of any college facility, or such lesser period as is approved by the vice president of administrative services, an authorized representative of the requesting organization must submit proper and complete written application for use of college facilities which may be obtained through the college's inservice coordinator. A single application may be sufficient for a series of meetings by an organization unless those meetings vary significantly in some substantive way; if so, separate applications will be required.

(2) An authorized representative of the using organization shall sign the application, which upon approval by the vice president of administrative services or designee shall serve as an agreement. By affixing a signature as representing the using organization, the signatory certifies that he or she has authority to enter into agreement on behalf of the organization and if the organization fails to pay the amount due, the signatory becomes responsible for all charges. These charges may include interest on overdue accounts, as specified on the facility use form but not less than one percent per month.

(3) For large events, events requiring expenditures on the part of the college, or events where significant areas are blocked out for the user, up to fifty percent advance deposit may be required at the time of application.

(4) The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.

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

(6) The priorities for facility use place primary emphasis on regular college events and activities. The college reserves the right to cancel any agreement and refund any payments for use of college facilities and equipment when he or she deems such action advisable and in the college's best interests.

(7) In the event of a cancellation of a facility use permit by the applicant, that applicant and organization are liable for all college costs and expenses in preparing the facility for its use.

(8) Any admission charge is to be specified by the applicant and approved by the college in advance.

(9) Organizations using Lake Washington Institute of Technology's facilities shall conduct all activities in accordance with applicable local, state, and federal laws including all policies adopted by the board of directors of College District 26.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-140-100, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-100, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-140-110 Supervision during activity.

(1) Signatories to the facility use agreement as well as organization leaders are responsible for group conduct and are expected to remain with their group during activities. When the use of certain facilities makes it advisable, the college reserves the right to require that a staff member monitor the activity. Such service shall be paid at the current rate, by the organization requesting use of the facility, and does not relieve the organization from safeguarding the college's property.

(2) The security staff or some other authority of the college will open and lock all facilities used by signatories or organizations. Keys to buildings or facilities will not be issued or loaned to any using organization with the exception of keys to designated off-campus locations or by approval of the designated administrative officer.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-140-110, filed 7/16/92, effective 8/16/92.

Chapter 495D-142 First amendment activities for Lake Washington Institute of Technology.

Wash. Admin. Code § 495D-142-010 Title.

WAC 495D-142-010 through 495D-142-080 shall be known as use of community and technical College District 26 facilities by college groups and noncollege groups for first amendment activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-010, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-015 Definitions.

For the purposes of this policy noncollege groups shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of Lake Washington Institute of Technology or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

For purposes of this policy, college groups shall mean individuals who are currently enrolled students or current employees of Lake Washington Institute of Technology or who are affiliated with a recognized student organization or a recognized employee group of the college.

The college is a limited public forum for noncollege groups. The limited public forum does not include college buildings or parking areas. College buildings, rooms, and parking areas may be rented in accordance with the college's facilities use policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-015, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-020 Statement of purpose.

Lake Washington Institute of Technology is an educational institution provided and maintained by the people of the state of Washington. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the college's buildings, facilities and grounds are dedicated and said buildings, facilities and grounds are not available for unrestricted use by noncollege groups. While said buildings, facilities and grounds are not available for unlimited use by college groups, it is recognized that Lake Washington Institute of Technology students and employees should be accorded opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The purpose of these time, place and manner regulations is to establish procedures and reasonable controls for the use of college facilities for both noncollege and college groups. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of noncollege groups or college groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-020, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-030 Request for use of facilities.

Subject to the regulations and requirements of this policy, college or noncollege groups may use the campus limited forums for those activities protected by the first amendment. Examples of first amendment activities would include, but not necessarily be limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, mass protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.

Noncollege groups that intend to be on campus to engage in first amendment activities (hereinafter "the event") are encouraged to provide notice to the campus safety and security department no later than forty-eight hours prior to the event along with the following information:

(1) The name, address, and telephone number of the individual, group, entity or organization sponsoring the event (hereinafter "the sponsoring organization"); and

(2) The name, address, and telephone number of a contact person for the sponsoring organization; and

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

(4) The nature and purpose of the event; and

(5) The type of sound amplification devices to be used in connection with the event, if any; and

(6) The estimated number of people expected to participate in the event.

However, unscheduled events are permitted so long as the event does not interfere with any other function occurring at the facility. Noncollege events are limited to the grounds outside of college buildings.

The use of sound amplification devices is limited to the limited public forum area as long as the sound amplification device is used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories or any previously scheduled college event or activity.

College groups are encouraged to notify the campus safety and security department no later than forty-eight hours in advance of an event. However, unscheduled events are permitted so long as the event does not interfere with any other function occurring at the facility.

Information may be distributed as long as it is not obscene or libelous or incite imminent lawless action. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. To avoid excessive littering of the campus and/or greatly increased work requirements for college physical plant employees, groups are asked to cooperate with the college in limiting the distribution of information leaflets or pamphlets to the limited public forum site.

Speech that does no more than propose a commercial transaction shall not occur in connection with the event.

The limited public forum used by the group should be cleaned up and left in its original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.

All fire, safety, sanitation or special regulations specified for the event are to be obeyed.

The college cannot and will not provide utility connections or hook-ups for purposes of first amendment activities conducted pursuant to this policy.

The event must not obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events.

The event must not create safety hazards or pose unreasonable safety risks to college students, employees or invitees to the college.

The event must not materially and substantially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students.

The event must not materially infringe on the rights and privileges of college students, employees or invitees to the college.

The event must also be in accordance with any other applicable college policies and regulations, regulations and policies of Lake Washington Institute of Technology, local ordinances and/or state or federal laws.

There shall be no first amendment activities and camping on college facilities or grounds between the hours of 10:00 p.m. and 6:00 a.m. Camping is defined to include sleeping, cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-030, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-040 Additional requirements for noncollege groups.

The limited public forum may not be used on the same date as any previously scheduled college event or activity at the site (aside from regularly scheduled classes) where it is reasonably anticipated that more than five hundred people will attend the college event or activity.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-040, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-050 The role of the president in first amendment decisions.

The president of the college or designee may at any time, terminate, cancel or prohibit the event if it is determined, after proper inquiry, that the event does constitute or will constitute a clear and present danger to the college's orderly operation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-050, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-060 Criminal trespass.

Any person determined to be violating these regulations is subject to an order from the college campus public safety department to leave the college campus. Persons failing to comply with such an order to leave the college campus are subject to arrest for criminal trespass.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-060, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-070 Posting of a bond and hold harmless statement.

When using college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy.

When the college grants permission to a college group or noncollege group to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-070, filed 2/6/18, effective 3/9/18.

Wash. Admin. Code § 495D-142-080 First amendment activities and protection of the college mission.

The college recognizes and supports the rights of groups and individuals to engage in first amendment activities. This policy shall be interpreted and construed to support such activities while simultaneously balancing the needs and interests of the college to fulfill its mission as a state educational institution of Washington.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-142-080, filed 2/6/18, effective 3/9/18.

Chapter 495D-144 Bookstore operating policy.

Wash. Admin. Code § 495D-144-010 Lake Washington Institute of Technology bookstore operating policy.

(1) Lake Washington Institute of Technology bookstore is operated for the special convenience, support, and use by students and staff of Lake Washington Institute of Technology. The bookstore's goods, services, and facilities are directly and substantially related to the educational mission of the college. Prices and fees will take into account all direct and indirect college costs, including overhead. Specific operating policies and procedures will by established by the president or his or her designee to promote the effective and efficient operation of the bookstore and to implement the provisions of this chapter.

(2) The bookstore will sell goods on the same basis to other persons as well. There is no similarly situated private bookstore available to meet all the demands of college visitors.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-144-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-144-010, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-144-020 Return and refund policy.

(1) Defective merchandise may be returned within a reasonable time for replacement or refund at the discretion of the administration.

(2) New books may be returned for refund on specified dates or within such specified time periods as are established and posted by the bookstore manager. The proper sales slip must be presented.

(3) Exceptions to the above are subject to the discretion of the bookstore manager.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-144-020, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-144-030 Lake Washington Institute of Technology bookstore credit policies.

The Lake Washington Institute of Technology bookstore will not establish personal charge accounts or extend personal credit.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-144-030, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-144-030, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-144-040 Lake Washington Institute of Technology bookstore pricing policies.

(1) The bookstore will supply books and supplies at an established retail rate.

(2) Complimentary copies of books will not be furnished to faculty.

(3) No discounts will be given to specific individuals.

(4) Discounts applied at the discretion of the administration to categories or groupings of merchandise, and available to all customers, may be offered in order to clear aging or promotional merchandise. Detailed records will be kept of such discount activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-144-040, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-144-040, filed 12/15/92, effective 1/15/93.

Chapter 495D-148 Affirmative action policy.

Wash. Admin. Code § 495D-148-010 Equal employment opportunity/affirmative action policy.

(1) Lake Washington Institute of Technology is an equal opportunity employer committed to providing equal opportunity and nondiscrimination to employment applicants and employees without regard to race or ethnicity, creed, color, national origin, sex, marital status, sexual orientation, age, religion, the presence of any sensory, mental, or physical disability, or whether a disabled veteran or Vietnam era veteran (hereinafter, protected group status). The college is equally committed to take affirmative action to increase the numbers of protected group members such as Asians, Blacks, Hispanics, Native Americans, women, persons between the ages of forty and seventy, persons of disability, disabled veterans and Vietnam era veterans in positions where it is determined they are under-represented. The college will make every effort to eliminate barriers to equal employment opportunity encountered by these protected group members and to improve employment opportunities available to under-represented groups.

(2) The college will recruit, hire, train, and promote individuals in all job classifications solely upon their qualifications and ability or potential ability to do the job, and shall consider protected group status only when such is a bona fide occupational qualification.

(3) All other personnel actions such as compensation, benefits, layoffs, return from layoffs, terminations, college-sponsored training, education, tuition assistance, and social and recreational programs will be administered without regard to protected group status.

(4) Numerical goals will be set in areas where protected classes are determined to be under-represented based upon the district's demographics. The college will make every effort to meet such goals within the timetables established for such goals.

(5) The president is charged with the overall responsibility for assuring that the equal employment opportunity/affirmative action policy is administered effectively, and is granted the authority to exercise that responsibility. It is incumbent upon each member of the Lake Washington Institute of Technology faculty, administration, and staff to make a good faith effort in the execution of this policy. Failure to do so may be grounds for disciplinary action.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-148-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-148-010, filed 12/15/92, effective 1/15/93.

Chapter 495D-168 Use of library—Fines.

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

WAC 495D-168-010 through 495D-168-040 will be known as the library-media center code of Lake Washington Institute of Technology.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-168-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-168-010, filed 7/16/92, effective 8/16/92.

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

Materials from the college library media center are checked out only to the following groups:

(1) All currently registered students of the college;

(2) All current faculty and administrative staff members;

(3) All persons currently employed in classified staff positions;

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

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

(6) Persons in charge of groups using college facilities under the terms of the facility use agreement; and

(7) Lake Washington School District No. 414 staff under terms of interlibrary loan agreements as may be approved by the college president or his or her designee.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-168-020, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-168-020, filed 7/16/92, effective 8/16/92.

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

In cases where damage or loss of library material is evident, the offending patron will be assessed the replacement cost. In other instances where library-media materials are retained by the borrower beyond the designated due date, fines will be levied. When materials are not returned, or fines not paid, holds are placed on the transcript records of those involved in accordance with chapter 495D-122 WAC, or the matter may be referred for collection. In extreme cases, when expensive or valuable items are involved, the provisions of RCW 27.12.340 may be invoked.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-168-030, filed 7/16/92, effective 8/16/92.

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

Additional administrative policy and procedure governing the operation of the library-media center and the rules for loaning books, other print materials and nonprint materials may be developed by the administration and published in the college policy and procedure manual and in the student handbook of Lake Washington Institute of Technology.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-168-040, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-168-040, filed 7/16/92, effective 8/16/92.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-168-050, filed 7/16/92, effective 8/16/92.

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

Food and beverages, animals, or other things detrimental to the library purpose are prohibited in the library, except as permitted by the librarian.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-168-060, filed 7/16/92, effective 8/16/92.

Chapter 495D-180 Copyright and patent policies.

Wash. Admin. Code § 495D-180-005 General statement.

(1) The board of trustees of College District No. 26 recognizes that, as part of the institutional educational mission, the publication of certain materials may enhance educational processes. The board also recognizes and encourages the right of faculty, staff, and students to exercise individual initiative in creating materials which meet copyright specifications and which may generate royalty income when marketed.

(2) The generation of materials which may be copyrighted often extends beyond the initiative of individuals and may include the use of equipment, facilities, and financial support either from the institution or from outside sources. Accordingly, the college will maintain a policy which clarifies and protects the respective rights of faculty, staff, student employees, and the college by defining the types of materials which should be designated as "college-supported" or "college-sponsored," by establishing procedures for administering policy concerning these materials and by stating policy governing their ownership and use and the rights to income produced therefrom.

(3) It should be emphasized that this policy does not affect the personal ownership rights of faculty, staff, or student employees to books or other materials not specifically commissioned by the college or the preparation of which were not assisted in any significant way by a third party sponsor or the college. The creator is free to use his or her own name, and receive royalties resulting from sales, providing the initiative for the work came solely from the creator and the college, including grants or contracts administered by the college, did not provide a significant portion of the resources utilized in production of materials.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-005, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-010 Scope and definitions.

(1) This statement of policy shall apply to all faculty, staff, and student employees of the college and any group or groups of faculty or staff or student employees of the college or any combination thereof.

(2) As used in this chapter:

(a) "Copyright administrator" means the college president or his or her designee;

(b) "Creator" means the author or producer of a creative work;

(c) "Individual" means any faculty, staff, or student employee or employees of the college or any group or groups of faculty, staff, or student employees of the college.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-010, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-015 Materials subject to copyright.

(1) The following original creations, among others, ordinarily are classed as copyright-eligible:

(a) Books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals.

(b) Lectures, musical or dramatic compositions, and unpublished scripts.

(d) Video and audio tapes and cassettes.

(e) Live video or audio broadcasts.

(f) Programmed instruction materials.

(g) Computer programs.

(2) This policy does not apply to the following types of materials:

(a) Articles submitted to or published by scholarly and professional journals.

(b) Class notes produced in connection with a regularly-scheduled course of instruction.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-015, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-020 Rights to copyrightable materials.

(1) Individual effort: Any individual who produces copyright-eligible material as the result of individual initiative and effort and without the significant assistance, support, or sponsorship of the college or a college-administered grant or contract shall retain full right of ownership, control, use, and disposition over the material. The individual shall be solely responsible under such circumstances for determining whether to copyright the material.

(2)(a) College-supported individual effort: If the college provides significant support or assistance for an individual in producing materials eligible for copyright such as, but not limited to, the creator's use of college funds, equipment, facilities, materials, staff services, or other resources without full and prompt reimbursement by the individual, ownership of rights in the material shall be vested in the college subject to the conditions set forth in this policy. The college may copyright such materials when it appears that copyrighting will be in the best interest of the college and individual.

(b) Any individual who is preparing, or is planning to prepare copyright-eligible material under circumstances which may be considered college-supported, college-assisted, or college-sponsored, shall initiate an inquiry as to their status. A descriptive statement of the relevant facts shall be forwarded to the college copyright administrator. Thereafter, the college copyright administrator shall advise the individual as promptly as possible as to whether the materials should be regarded as college-supported or college-sponsored within the meaning of this policy. The college copyright administrator's decision in such cases will be considered as a preliminary draft opinion subject to clarification and final action when the work is completed. The final decision will be rendered in accordance with WAC 495D-180-025.

(3) College-sponsored effort: Ownership rights in college-sponsored materials shall be vested in the college subject to the conditions set forth in this statement of policy. Materials are college-sponsored if the individual has been commissioned in writing by the college or otherwise assigned to develop the materials or, in their production, has been authorized released time for which the individual will receive compensation from college funds, including grant and contract funds administered by the college. The college copyright administrator may, at his or her sole discretion, elect to share with the individual royalties resulting from sales of such materials: Provided, that the individual shall have no right to the sharing of such royalties in the absence of an express written agreement with the college copyright administrator.

(4)(a) Efforts supported by outside agencies: Copyright-eligible materials produced under the sponsorship of agencies outside the college must contain specific provisions regarding the disposition of any royalties or materials generated through grants or contracts furnished by such agencies. Any individual accepting support from outside agencies must verify the content of these provisions. No college employee may enter into a contract with an outside agency which requires a college employee's participation unless royalty rights and the disposition of copyright-eligible materials are specified clearly, and such provisions are acceptable to the college copyright administrator and consistent with college policies covering such activities.

(b) Where the college is a party to sponsored projects resulting in production of copyrightable materials, the following conditions will apply:

(i) Title to all materials will remain with the college.

(ii) The sponsor of the project may retain rights to royalty-exempt use of materials.

(iii) With the college copyright administrator's written concurrence, parties to a sponsored grant or contract may agree to assignment of rights which may vary from (b)(i) and (ii) of this subsection.

(iv) Any sharing of, or individual participation in any royalty income, must be specified under the terms of the contract with the sponsoring agency and approved in writing by the college copyright administrator.

(v) As copyright administrator, the president of the college or his or her designee will retain final responsibility and authority for all decisions on royalty sharing and other copyright matters involving the college.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-020, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-025 Procedures.

(1) In any instance where copyrightable materials are generated other than by individual efforts, i.e., partially or fully supported or sponsored by the college or by an outside agency but involving college participation, the college copyright administrator will confer with the individual creator and other concerned parties to reach a copyright agreement which is acceptable to all parties and consistent with the college copyright policy.

(2) The college copyright administrator may appoint a copyright committee of up to three persons to advise on matters related to ownership, disposition, and royalty distribution from copyrightable materials.

(3) All programs expected to generate copyrightable materials by other than individual effort must undergo prior review by the copyright administrator in order that a preliminary determination can be made regarding rights, disposition of materials, and distribution of income.

(4) Records of advance arrangements and copies of all agreements must be part of all project files; the creator must provide copies of all agreements to the copyright administrator.

(5) Any agreement made with individual creators may be reviewed and revised subsequently at the option of the college copyright administrator.

(6) All contracts or agreements made with individuals or sponsoring agencies must contain reference to the college copyright policy as a basis for the agreement.

(7) In all instances, copyright agreements and decisions affecting those agreements will be formulated on the assumption that protection of the rights of individuals is important and that agreements should be designated to stimulate individual initiative.

(8) All agreements made under the college copyright policy and these procedures should be designed to assure adequate controls and to fulfill college accountability for allocated public resources and the reimbursement of those resources where appropriate.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-025, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-030 Use of materials.

(1) Two categories of use are differentiated for purposes of this policy:

(a) Internal use: Use by any unit of the college for instruction or other educational purposes.

(b) External use: Use by educational institutions other than the college, use by government agencies and other nonprofit institutions, and use resulting from lease or other contractual arrangements for commercial distribution of the materials.

(2) Use of college-supported or college-sponsored materials under this policy shall be subject to the following conditions:

(a) Internal use:

(i) Use within the college does not require the approval of either the individual creator or the college unless advance approval is required by a prior written agreement.

(ii) As long as the individual creator of college-supported or college-sponsored materials remains employed by the college, he or she may request reasonable revision of the materials prior to any instance of internal use and may ask that the materials be withdrawn from internal use if necessary revisions are not feasible. The final decision regarding appropriate revision or withdrawal of materials will be made by the copyright administrator.

(iii) If the individual creator terminates employment with the college, then the college retains the right to continue internal use of the college-supported or college-sponsored materials except as the individual and the college agree in writing on special conditions for subsequent internal use of the materials and the procedures for their revision.

(b) External use: Licensing or sale of college-supported or college-sponsored materials for external use shall be preceded by written agreement between the college and the individual creator specifying the conditions of use, including provisions concerning the right of the individual creator to revise materials periodically or to withdraw them from use, subject to existing agreement, in the event revisions are not feasible.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-030, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-035 Payments to the individual creator.

(1) Compensation for production activity: In general the regular assignments of the individual should be adjusted to take into account the extra time required to develop or produce college-supported or college-sponsored materials. In these circumstances, additive compensation will not be paid to the individual creator. If recorded material is reused, it may be appropriate to adjust the regular assignments of the individual where he or she makes some continuing input or contribution to the repeated program.

(2) Income from sales or rentals:

(a) Both the college and the individual are entitled to a share of income from the licensing or sale of college-supported or college-sponsored materials; the college on the basis of salary, facilities, administrative support, or other resources devoted to the project, and the individual for creative activity which contributes to an enriched educational program. Where sponsored grant or contract funds are involved, the division of income will be subject to approval by the sponsoring agency. In some cases, the sponsor may require that all income be credited to the project account.

(b) Where college-supported or college-sponsored materials are to be sold or rented, and subject to any limitations specified by granting agencies, the following guidelines pertaining to financial arrangements shall be observed:

(i) All incremental expenses related to the production and distribution of additional copies will be recovered from each sale or rental.

(ii) An appropriate fraction of the college's original production costs, as agreed upon between the individual and the college copyright administrator, also will be recovered from each sale or rental.

(iii) Subject to any limitations specified by outside granting agencies, a royalty of not more than ten percent of (b)(i) and (ii) of this subsection may be included in the sale or rental price. After production costs are fully recovered and after required distribution to a sponsoring agency, if any, the resultant royalty income will be divided equally between the individual and the college.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-035, filed 12/15/92, effective 1/15/93.

Wash. Admin. Code § 495D-180-040 Protection and liability.

(1) The college copyright administrator shall investigate allegations of unauthorized use or copyright infringement of college-supported or college-sponsored materials and shall recommend appropriate action. If legal remedies are pursued by the college, all costs of such remedies shall be borne by the college. All proceeds in excess of such costs shall be shared equally by the college and the individual creator, subject to sponsoring agency limitations, if any, when a grant or contract is involved.

(2) Before any use is made of college-supported or college-sponsored materials, the individual creator shall certify in writing to the copyright administrator that, to the best of the individual creator's knowledge, the materials do not infringe on any existing copyright or other legal right. When there are allegations of violations of personal or property rights by the college or by the individual creator in college-supported or college-sponsored materials copyrighted by the college, the college shall assume responsibility for the defense on any action. However, the individual creator may indemnify the college against any damages, charges, costs, expenses (including counsel fees), judgments, penalties, liabilities, or losses of any other kind or nature whatsoever, which are sustained or suffered by or imposed on the college as a result of the finding of any court or other decision-making tribunal that such a violation, caused by the creator, has occurred.

History

Statutory Authority: RCW 28B.50.140. WSR 93-01-084, § 495D-180-040, filed 12/15/92, effective 1/15/93.

Chapter 495D-276 Access to public records.

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

The purpose of this chapter is to ensure that College District 26 complies with the provisions of chapter 42.56 RCW and in particular with those sections of that chapter dealing with public records.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-010, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-010, filed 7/16/92, effective 8/16/92.

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

(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, disks, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

(3) "College District 26" is an agency organized by statute pursuant to RCW 28B.50.040. College District 26 shall hereafter be referred to as the "college." Where appropriate, the term "college" also refers to the staff and employees of the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-020, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-020, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-276-030 Description of central and field organization of College District 26.

(1) College District 26 is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the college is located on the Lake Washington Institute of Technology campus within the city of Kirkland, Washington. The Lake Washington Institute of Technology campus likewise comprises the central headquarters for all operations of the college.

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

(3) The president of the college is responsible to the board of trustees for the operation and administration of the college. A detailed description of the administrative organization of the college is contained within the policies and procedures manual for Lake Washington Institute of Technology, a current copy of which is available for inspection at the administrative office of the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-030, filed 2/6/18, effective 3/9/18
WSR 11-19-083, § 495D-276-030, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-030, filed 7/16/92, effective 8/16/92.

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

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

(2) Informal decision-making procedures at the college, as established by the board of trustees, are set forth in the policies and procedures manual of Lake Washington Institute of Technology, a current copy of which is available for inspection at the administrative office of the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-040, filed 2/6/18, effective 3/9/18
WSR 11-19-083, § 495D-276-040, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-040, filed 7/16/92, effective 8/16/92.

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

All public records of the college, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW or other statutes.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-050, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-050, filed 7/16/92, effective 8/16/92.

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

The public records officer will oversee compliance with the act but another college staff member may process the request. Therefore, these rules will refer to the public records officer or "designee." The public records officer or designee and Lake Washington Institute of Technology will provide the "fullest assistance" to requestors; create and maintain for use by the public and college officials an index to public records of Lake Washington Institute of Technology; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the Lake Washington Institute of Technology.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-060, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-060, filed 7/16/92, effective 8/16/92.

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

Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays and holidays established by the college calendar.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-070, filed 7/16/92, effective 8/16/92.

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

In accordance with the requirements of RCW 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are only obtainable by members of the public when those members of the public comply with the following procedures:

(1) Any person wishing to request access to public records of Lake Washington Institute of Technology, or seeking assistance in making such a request should contact the public records officer of the college at:

Public Records Officer

Attn.: Administrative Services

Lake Washington Institute of Technology

11605 132nd Avenue N.E.

Kirkland, WA 98034

425-739-8201

publicrecords@lwtech.edu

(2) A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by the college is not a valid request for identifiable records, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of the college's records.

(3) A request should be made in writing on the Public Records Request form, or by letter, fax, or email addressed to the public records officer. The request should include the following information:

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

(b) Address of the requestor;

(d) The date and time of day of the request;

(e) Identification of the public records adequate for the public records officer or designee to locate the records;

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

(g) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested.

(4) 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 person to whom the request is made, to assist the member of the public in identifying the public records requested.

(5) The college may deny a bot request that is one of multiple requests from the requestor to the college within a twenty-four-hour period, if the college establishes that responding to the multiple requests would cause excessive interference with other essential functions of the college. For these purposes, "bot request" means a request for public records that the college reasonably believes was automatically generated by a computer program or script.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-080, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-080, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-276-090 Charges for public records.

(1) Cost. Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

(2) Payment. Payment may be made by cash, check, or money order to Lake Washington Institute of Technology. The college may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request, including a customized service charge. If the college makes a request available on a partial or installment basis, the college may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the college is not obligated to fulfill the balance of the request. The college will close a request upon thirty days when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-090, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-090, filed 7/16/92, effective 8/16/92.

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

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 495D-276-080 is exempt pursuant to RCW 42.56.210 or other statute. Such determination may be made in consultation with an assistant attorney general assigned to the district.

(2) Pursuant to RCW 42.56.230, the college reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, in each case, the justification for the deletion shall be explained fully in writing.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-100, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-100, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-276-110 Review of denials of public records requests.

(1) Petition for internal administrative review of denial of access. Any person who objects to the denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the president or appropriate vice president. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the college's receipt of the petition, or within such other time as mutually agreed upon by the college and the requestor.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if Lake Washington Institute of Technology denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Any person may obtain a court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-110, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-110, filed 7/16/92, effective 8/16/92.

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

Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 495D-276-090.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-120, filed 7/16/92, effective 8/16/92.

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

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-130, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-130, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-276-140 Adoption of form.

The college shall adopt an appropriate form for use by all persons requesting inspection and/or copying or copies of its records.

History

Statutory Authority: RCW 28B.50.140(13). WSR 18-04-101, § 495D-276-140, filed 2/6/18, effective 3/9/18. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-276-140, filed 7/16/92, effective 8/16/92.

Chapter 495D-300 Grievance policies and procedures—Discrimination.

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

Lake Washington Institute of Technology is covered by the Age Discrimination in Employment Act, Titles VII and IX of the Civil Rights Act of 1964, by section 504 of the Rehabilitation Act of 1974, chapter 49.60 RCW, and the Americans With Disabilities Act. The college prohibits discrimination on the basis of race, color, religion, marital status, age, handicap/disability, national origin, sex, sexual orientation, sexual harassment, or any other unlawful basis. Any applicant for admission, enrolled student, applicant for employment, or employee of Lake Washington Institute of Technology who believes she/he has been discriminated against may lodge an institutional grievance by following the procedures below.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-300-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-300-010, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-300-015 Policy statement on disabilities.

Students with documented disabilities as defined in PL 101-336 who meet admission qualifications will be provided reasonable accommodation. Accommodations may be made in the style of instructional delivery, method of evaluation, or curricular aides. The college will not lower the standard measurement of competency for the certificate of merit or the standards for a degree.

Specific support services and auxiliary aids will be determined prior to registration. State vocational rehabilitation agencies or common school districts charged with providing support to handicapped students will retain primacy of responsibility for necessary auxiliary aids.

Lake Washington Institute of Technology encourages all students to achieve the highest level of skill development possible, as well as to achieve the ability to function independently in the workplace. Therefore, accommodations will be provided on a decreasing basis to the extent that the student's reasonable requirements diminish as the student becomes increasingly successful in training and nears job placement.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-300-015, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-300-015, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-300-020 Informal procedure.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-300-020, filed 7/16/92, effective 8/16/92.

Wash. Admin. Code § 495D-300-030 Formal procedure.

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

(1) Complaints will be held in confidence. No action against the person accused will ordinarily be taken on behalf of the complainant unless the complainant consents to be identified to the one accused in connection with the investigation, although the college reserves all rights to take appropriate corrective measures regardless of actions of the complainant.

(2) The complainant may bring a person of his or her choice to the initial or subsequent complaint meetings.

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

(4) The result of that consultation and any investigation made will be communicated to the complainant before any further action is taken. The affirmative action officer or designee will be responsible for investigating the complaint and discussing the complaint with the complainant and the accused.

(5) The affirmative action officer will make a written report and/or recommendation to the appointing authority or appropriate disciplinary authority within a reasonable time following the close of the investigation or meeting. An informal meeting may be substituted for investigation if the complainant and the accused agree.

(6) Appropriate corrective measures, if any, will be decided by the appointing disciplinary authority upon consultation with the affirmative action officer and the appropriate administrators and consistent with applicable bargained agreement provisions and state statutes. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through any available faculty or classified grievance procedures, if they are covered by a bargained agreement, or the student disciplinary code.

(7) In the absence of an applicable grievance procedure under a collective bargaining agreement, the accused employee or student may, within thirty days of the corrective measure(s), file with the executive vice president for instruction or vice president for administrative services a written request for adjudication. That vice president shall meet with the employee or student to determine whether the matter should be heard as a regular or brief adjudicative proceeding. That vice president shall be the presiding officer for the proceeding.

(8) The presiding officer may affirm, modify, or reverse the corrective measure(s).

(9) The decision of the presiding officer shall be final unless, within twenty-one days after it is served, a party files with the president a written request for administrative review or the president or designee decides to conduct such review.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-300-030, filed 7/16/92, effective 8/16/92.

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

These procedures outlined in WAC 495D-300-010 through 495D-300-030, are internal college procedures and, as such, serve to resolve complaints within the college's administrative framework. These procedures do not replace an individual's timely complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington state human rights commission.

History

Statutory Authority: RCW 28B.50.140. WSR 92-15-081, § 495D-300-040, filed 7/16/92, effective 8/16/92.

Chapter 495D-325 State Environmental Policy Act rules.

Wash. Admin. Code § 495D-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Lake Washington Institute of Technology District 26 that all actions taken by the district shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act), chapters 197-11 and 131-24 WAC.

(2) The president of the district or his or her designee shall be responsible for administering and implementing this policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-19-083, § 495D-325-010, filed 9/20/11, effective 10/21/11. Statutory Authority: RCW 28B.50.140. WSR 03-01-070, § 495D-325-010, filed 12/12/02, effective 1/12/03
WSR 92-15-081, § 495D-325-010, filed 7/16/92, effective 8/16/92.