Title 495e WAC — Renton Technical College

Chapter 495E-104 Board of trustees.

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

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

History

Statutory Authority: RCW 28B.50.140 and 42.30.070. WSR 93-13-104, § 495E-104-020, filed 6/21/93, effective 7/22/93.

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

The board of trustees delegates to the college president its authority and responsibility to administer Renton Technical College 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 and 42.30.070. WSR 93-13-104, § 495E-104-030, filed 6/21/93, effective 7/22/93.

Chapter 495E-108 Practice and procedure.

Wash. Admin. Code § 495E-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, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-010, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-108-020 Appointment of residing officers.

The president or president's designee shall designate a presiding officer for an adjudicative proceeding except as otherwise provided by a college rule. Where more than one individual is designated to be the presiding officer, one such individual shall be designated by the president or president's designee, if not by college rule, to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-020, filed 6/21/93, effective 7/22/93.

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

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-030, filed 6/21/93, effective 7/22/93.

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

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: 3000 Northeast Fourth Street, Renton, Washington 98056-4195.

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, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-040, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-108-050 Brief adjudicative procedure.

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 present or former students or employees;

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-050, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-060, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-070, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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 495E-108-070, except for the method of official recording selected by the college.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].250, [34.05].413, [34.05].425, [34.05].446 and [34.05].482. WSR 93-13-105, § 495E-108-080, filed 6/21/93, effective 7/22/93.

Chapter 495E-110 Student conduct code and hearing procedures.

Wash. Admin. Code § 495E-110-010 Authority.

The board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student services or their designee. Except in cases involving allegations of sexual misconduct, the student conduct officer, or delegate, shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-010, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-010, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-010, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-010, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-020 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: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-020, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-020, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-030 Prohibited student conduct.

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

(1) Abuse of others. Assault, physical abuse, verbal abuse, threat(s), intimidation, or other conduct that harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property unless otherwise protected by law.

(2) Abuse in later life.

(a) Neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or

(b) Domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and

(3) 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, or artificial intelligence, 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) Deliberate damage includes taking deliberate action to destroy or damage another's academic work or college property in order to gain an advantage for oneself or another.

(e) Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each faculty 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.

(4) 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.

(d) Knowingly making a false statement or submitting false information in relation, or in response, to a college academic or disciplinary investigation or process.

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

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

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

(6) Cyber misconduct. Cyberstalking, cyberbullying or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, applications (apps), 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) Failure to comply with directive. Failure to comply with the directive 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.

(9) 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 and during college programming and activities, subject to the following exceptions:

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

(b) A student with a valid concealed weapons permit may store a pistol in their vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the weapon is concealed from view; or

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

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

(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) 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) Alcohol. The use, possession, manufacture, delivery, sale, or distribution of alcoholic beverages or paraphernalia (except as permitted by federal, state, and local laws and applicable college policies), or being observably under the influence of any alcoholic beverage or public intoxication on college premises or at college-sponsored events. Alcoholic beverages may not, in any circumstance, be used by, be possessed by, or distributed to any person not of legal age.

(12) Cannabis, drug, and tobacco violations.

(a) Cannabis. The use, possession, growing, delivery, sale, or being visibly under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form, or the possession of cannabis paraphernalia on college premises or college-sponsored events. While state law permits the recreational use of cannabis, federal law prohibits such use on college premises or in connection with college activities.

(b) Drugs. The use, possession, production, 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.

(c) 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. The use of tobacco, electronic cigarettes, and related products on the college campus is restricted to designated smoking areas. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco, vaporizers, and snuff. There are designated smoking areas on campus.

(13) Discriminatory harassment.

(a) Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, not otherwise protected by law, that is directed at a person because of such person's protected status and that is sufficiently severe, persistent, or pervasive so as to:

(i) Limit the ability of a student to participate in or benefit from the college's educational and/or social programs and/or student housing;

(ii) Alter the terms of an employee's employment; or

(iii) Create an intimidating, hostile, or offensive environment for other campus community members.

(b) Protected status includes a person's race; color; creed/religion; national origin; presence of any sensory, mental or physical disability; use of a trained service animal; sex, including pregnancy; marital status; age; genetic information; sexual orientation; gender identity or expression; veteran or military status; HIV/AIDS and hepatitis C status; or membership in any other group protected by federal, state, or local law.

(c) Discriminatory harassment may be physical, verbal, or nonverbal conduct and may include written, social media, and electronic communications not otherwise protected by law.

(14) Harassment or bullying. Conduct unrelated to a protected class that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the college's programs, services, opportunities, or activities.

(a) Harassing conduct may include, but is not limited to, physical, verbal, or nonverbal conduct, including written, social media, and electronic communications not otherwise protected by law.

(b) For purposes of this code, "bullying" is defined as repeated or aggressive unwanted behavior not otherwise protected by law when a reasonable person would feel humiliated, harmed, or intimidated.

(c) For purposes of this code, "intimidation" is an implied threat. Intimidation exists when a reasonable person would feel threatened or coerced even though an explicit threat or display of physical force has not been made. Intimidation is evaluated based on the intensity, frequency, context, and duration of the comments or actions.

(15) Retaliation. Harming, threatening, intimidating, coercing, or other adverse action taken against any individual for reporting, providing information, exercising one's rights or responsibilities, participating, or refusing to participate, in the process of responding to, investigating, or addressing allegations or violations of federal, state, or local law, or college policies.

(16) 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. (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) Creates an intimidating, hostile, or offensive environment for other campus community members.

Sexual harassment does not need to be sexual in nature and can include offensive remarks about a person's gender. There are two types of sexual harassment:

(A) Hostile environment sexual harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational and/or social programs and/or student housing.

(B) Quid pro quo harassment occurs when an individual, in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors.

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

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

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

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

(iii) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of 18.

(iv) 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.

(v) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.55.010.

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

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

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

(I) The length of the relationship;

(II) The type of relationship; and

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

(vii) Sexual exploitation. Taking nonconsensual or abusive sexual advantage of another for the respondent's own advantage or benefit, or to benefit or take advantage of anyone other than the one being exploited, when the behavior does not otherwise constitute one of the other sexual misconduct offenses described herein. Examples of sexual exploitation may include, but are not limited to:

(A) Invading another person's sexual privacy;

(B) Prostituting another person;

(C) Nonconsensual photography and digital or video recording of nudity or sexual activity, or nonconsensual audio recording of sexual activity;

(D) Unauthorized sharing or distribution of photographs or digital or video recording of nudity or sexual activity, or audio recording of sexual activity, unless otherwise protected by law;

(E) Engaging in voyeurism. A person commits voyeurism if they knowingly view, photograph, record, or film another person, without that person's knowledge and consent, while the person being viewed, photographed, recorded, or filmed is in a place where the person has a reasonable expectation of privacy;

(F) Knowingly or recklessly exposing another person to a significant risk of sexually transmitted disease or infection; or

(G) Causing the nonconsensual indecent exposure of another person.

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

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

(B) Suffer substantive emotional distress.

(d) For purposes of this chapter, "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 is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.

(17) Indecent exposure. The intentional or knowing exposure of a person's genitals or other private body parts when done in a place or manner in which such exposure is likely to cause affront or alarm. Breastfeeding or expressing breast milk is not indecent exposure.

(18) Misuse of electronic 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; or

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

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

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

(21) 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 housing, traffic, and parking rules.

(22) 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.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-030, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-030, filed 11/25/24, effective 11/30/24. Statutory Authority: 2022 c 209 § 4(1) and RCW 28B.50.140. WSR 23-22-005, § 495E-110-030, filed 10/18/23, effective 10/19/23. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-030, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-030, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-035 Denial of access to Renton Technical College.

(1) The vice president of student services, or delegate, may deny admission to a prospective student, or continued attendance to an enrolled student, if it reasonably appears that the student would not be competent to profit from the curriculum offerings of the college, or would, by the student's presence or conduct, create a disruptive atmosphere within the college or a substantial risk of actual harm to self or other members of the campus community.

(2) Denial of access decisions may be appealed, as or like disciplinary actions, to the student conduct committee.

History

Statutory Authority: RCW 28B.50.140(13). WSR 24-24-035, s 495E-110-035, filed 11/25/24, effective 11/30/24.

Wash. Admin. Code § 495E-110-040 Corrective action, disciplinary sanctions, and terms and conditions.

(1) One or more of the following disciplinary sanctions may be imposed upon students or upon college-sponsored student organizations, athletic teams, or living groups found to have violated the student conduct code.

(a) Warning. A verbal or written statement to a student that there is a violation and that continued violation may be cause for further disciplinary action. Warnings are corrective actions, not disciplinary, and may not be appealed.

(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.

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

(e) Education. Participation in or successful completion of an educational assignment designed to create an awareness of the student's misconduct.

(f) Loss of privileges. Denial of specified privileges for a designated period of time.

(g) Trespass or restriction. A student may be restricted from any or all college premises and/or college-sponsored activities based on the violation.

(3) If a student withdraws from the college or fails to reenroll before completing a disciplinary sanction or condition, the disciplinary sanction or condition must be completed either prior to or upon the student's reenrollment, depending on the nature of the sanction, condition, and/or the underlying violation. Completion of disciplinary sanctions and conditions may be considered in petitions for readmission to the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-040, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-040, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-040, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-040, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-045 Hazing prohibited, sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 495E-110-030 (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 permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

(d) Student groups found responsible for violating the code of student conduct, college antihazing policies, or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual 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 24-24-035, s 495E-110-045, filed 11/25/24, effective 11/30/24. Statutory Authority: 2022 c 209 § 4(1) and RCW 28B.50.140. WSR 23-22-005, § 495E-110-045, filed 10/18/23, effective 10/19/23.

Wash. Admin. Code § 495E-110-050 Statement of jurisdiction.

(1) The student conduct code shall apply to conduct by students and student groups that occurs:

(a) On college premises;

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

(c) To off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives, or the ability of a student or staff to participate in the college's programs and activities.

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

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

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

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

(6) 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 24-24-035, s 495E-110-050, filed 11/25/24, effective 11/30/24. Statutory Authority: 2022 c 209 § 4(1) and RCW 28B.50.140. WSR 23-22-005, § 495E-110-050, filed 10/18/23, effective 10/19/23. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-050, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-050, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-060 Definitions.

The following definitions shall apply for purpose of this student conduct code:

(1) "Business day" means a weekday, excluding weekends and 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 owned, used, or controlled by the college.

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

(4) "Conduct review officer" is the vice president of student services or other college administrator designated by the president to be responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code.

(5) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code. A written or verbal warning is not disciplinary action.

(6) "Disciplinary appeal" is the process by which an aggrieved party can appeal the discipline imposed or recommended by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or a dismissal are heard by the student conduct committee. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.

(7) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating 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) By sending the document by email and first-class mail to the specified college official's office and college email address.

Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official.

(8) "Pregnancy or related conditions" means:

(a) Pregnancy, childbirth, termination of pregnancy, or lactation;

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(9) "Program" or "programs and activities" means all operations of the college.

(10) "Relevant" means related to the allegations of misconduct under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged misconduct occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged misconduct occurred.

(11) "Remedies" means measures provided to a complainant or other person whose equal access to the college's educational programs and activities has been limited or denied by misconduct. These measures are intended to restore or preserve that person's access to educational programs and activities after a determination that misconduct has occurred.

(12) "Respondent" is a student who is alleged to have violated the student conduct code.

(13) "Service" is 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 and by certified mail or first-class mail to the party's last known address.

Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail, whichever is first.

(14) "Student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students" for purposes of this chapter.

(15) "Student conduct officer" is a college administrator designated by the president or vice president of student services to be responsible for implementing and enforcing the student conduct code.

(16) "Student employee" means an individual who is both a student and an employee of the college. When a complainant or respondent is a student employee, the college must make a fact-specific inquiry to determine whether the individual's primary relationship with the college is to receive an education and whether any alleged student conduct code violation including, but not limited to, sexual harassment, occurred while the individual was performing employment-related work.

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

(18) "Supportive measures" means reasonably available, individualized and appropriate, nonpunitive and nondisciplinary measures offered by the college to the complainant or respondent without unreasonably burdening either party, and without fee or charge for purposes of:

(a) Restoring or preserving a party's access to the college's educational program or activity, including measures that are designed to protect the safety of the parties or the college's educational environment; or providing support during the college's investigation and disciplinary procedures, or during any informal resolution process; or

(b) Supportive measures may include, but are not limited to: Counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of campus; restriction on contact applied to one or more parties; a leave of absence; change in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs.

(19) "The president" is 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.

(20) "Title IX coordinator" is the administrator responsible for processing complaints of sexual misconduct, including sexual harassment, overseeing investigations and informal resolution processes, and coordinating supportive measures, in accordance with college policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-060, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-060, filed 11/25/24, effective 11/30/24. Statutory Authority: 2022 c 209 § 4(1) and RCW 28B.50.140. WSR 23-22-005, § 495E-110-060, filed 10/18/23, effective 10/19/23. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-060, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-060, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-070 Initiation of disciplinary actions.

(1) Any member of the college community may file a complaint against a student or student group for possible violations of the student conduct code.

(2) The student conduct officer, or designee, may review and investigate any complaint to determine whether it appears to state a violation of the student conduct code.

(a) Sexual misconduct, including sexual harassment. The college's Title IX coordinator or designee shall review, process, and, if applicable, investigate complaints or other reports of sexual misconduct, including sexual harassment that occurs during an "educational program or activity" as defined in WAC 495E-110-250. Allegations of non-Title IX sexual misconduct, including sexual harassment, by a student shall be addressed through the student conduct code. Allegations involving employees or third parties associated with the college will be handled in accordance with college policies.

(b) Hazing by student groups. A student conduct officer, or designee, may review and investigate any complaint or allegation of hazing by a student group. A student group will be notified through its named officer(s) and address on file with the college. A student group may designate one representative who may speak on behalf of a student group during any investigation and/or disciplinary proceeding. A student group will have the rights of a respondent as set forth below.

(3) Investigations will be completed in a timely manner and the results of the investigation shall be referred to the student conduct officer for disciplinary action.

(4) If a student conduct officer determines that a complaint appears to state a violation of the student conduct code, the student conduct officer will consider whether the matter might be resolved through agreement with the respondent or through alternative dispute resolution proceedings involving the complainant and the reporting party.

If the parties elect to mediate a dispute through informal dispute resolution, either party shall be free to discontinue mediation at any time.

(5) If the student conduct officer has determined that a complaint has merit and if the matter is not resolved through agreement or informal dispute resolution, the student conduct officer may initiate disciplinary action against the respondent.

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

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

(8) The student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing them to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the conduct code the respondent is alleged to have violated, the range of possible sanctions for the alleged violation(s), and specify the time and location of the meeting.

(9) At the meeting, the student conduct officer will present the allegations to the respondent and the respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting, the student conduct officer may take disciplinary action based upon the available information.

(10) Within 10 business days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting their decision, the specific student conduct code provisions found to have been violated, the discipline imposed, if any, and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal. Except in cases of sexual misconduct falling under Title IX jurisdiction, this period may be extended at the sole discretion of the student conduct officer, if additional information is necessary to reach a determination. The student conduct officer will notify the parties of any extension period and the reason therefore.

(11) 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), with or without conditions, as described in WAC 495E-110-040.

(c) Refer the matter directly to the student conduct committee for such disciplinary action as the committee deems appropriate. Such referral shall be in writing, to the attention of the chair of the student conduct committee, with a copy served on the respondent.

(12) 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.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-070, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-070, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-070, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-070, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-080 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 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal, and the student conduct officer's decision shall be deemed final.

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

(3) The parties to an appeal shall be the respondent, complainant, if any, and the student conduct officer.

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

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

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

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

(a) The imposition of disciplinary suspensions in excess of 10 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) A conduct review officer shall conduct a brief adjudicative proceeding for appeals of:

(a) Suspensions of 10 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, warnings and dismissals of disciplinary actions are final action and are not subject to appeal.

(10) In cases involving allegations of non-Title IX 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 non-Title IX sexual misconduct complaint; or

(b) Any disciplinary sanction(s) and conditions imposed against a respondent for a sexual misconduct violation, including a 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: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-080, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-080, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-080, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-080, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-090 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 he or she is 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) The parties to a brief adjudicative proceeding are the respondent, the student conduct officer, and in cases involving sexual misconduct, the complainant. If the complainant chooses, a nonattorney advisor may attend in their place. 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 the respondent and the student conduct officer within 10 business days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no request for review is filed within 21 calendar 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 in excess of 10 instructional days or dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-090, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-090, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-090, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-090, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-100 Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the president, provided the respondent files a written request for review with the conduct review officer within 21 calendar days of service of the initial decision.

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

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

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within 20 calendar 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 20 calendar 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 10 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: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-100, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-100, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-100, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-100, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-110 Student conduct committee.

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

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

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

(c) One faculty member or administrator (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 faculty member or administrator, appointed on a yearly basis, shall serve as the chair of the committee and may take action on preliminary hearing matters prior to convening the committee.

(3) Hearings may be heard by a quorum of three members of the committee so long as the chair, 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.

(5) For cases involving allegations of sexual misconduct, including sexual harassment, members of the student conduct committee must receive training on serving impartially, avoiding prejudgment of facts at issue, conflicts of interest, and bias. The chair must also receive training on the student conduct process for sexual misconduct cases, as well as the meaning and application of the term "relevant," in relations to questions and evidence, and the types of evidence that are impermissible.

(6) The college may, in its sole discretion, contract with an administrative law judge or other qualified person to act as the presiding officer, authorized to exercise any or all duties of the student conduct committee and/or committee chair.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-110, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-110, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-110, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-110, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-120 Student conduct committee—Prehearing.

(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 calendar 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. The notice must include:

(a) A copy of the student conduct code;

(b) The basis for jurisdiction;

(d) A summary of facts underlying the allegations;

(e) The range of possible sanctions that may be imposed; and

(f) A statement that retaliation is prohibited.

(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 calendar 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 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 shall provide reasonable assistance to the respondent and complainant in procuring the presence of college students, employees, staff, and volunteers to appear at a hearing, provided the respondent and complainant provide a witness list to the student conduct officer no less than three business days in advance of the hearing. The student conduct officer shall notify the respondent and complainant no later than 24 hours in advance of the hearing if they have been unable to contact any prospective witnesses to procure their appearance at the hearing. The committee chair will determine how to handle the absence of a witness and shall describe on the record their rationale for any decision.

(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 an assistant of their choice, which may be an attorney retained at the party's expense.

(10) The committee will ordinarily be advised by an assistant attorney general or their designee. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may be represented by an assistant attorney general.

(11) Attorneys for students must file a notice of appearance with the committee chair at least four business days before the hearing. Failure to do so may, at the discretion of the committee chair, result in a waiver of the attorney's ability to represent the student at the hearing, although an attorney may still serve as an advisor to the student.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-120, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-120, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-120, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-120, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-130 Student conduct committee hearings—Presentations of evidence.

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

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

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

(2) The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.

(3) The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449. 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 non-Title IX sexual misconduct, the complainant and respondent may not directly question one another or other witnesses. In such circumstances, the chair will determine whether questions will be submitted to the chair, who will then ask questions of the parties and witnesses or allow questions to be asked directly of any party or witnesses by a party's attorney. The committee chair may revise this process if, in the chair's determination, the questioning by any party, attorney, or advisor, becomes contentious or harassing.

(a) Prior to any question being posed to a party or witness, the chair must determine whether the question is relevant and not otherwise impermissible; and must explain any decision to exclude a question that is deemed not relevant or is otherwise impermissible. The chair will retain for the record copies of any written questions provided by any party.

(b) The chair must not permit questions that are unclear or harassing; but shall give the party an opportunity to clarify or revise such a question.

(c) The chair shall exclude and the committee shall not consider legally privileged information unless the individual holding the privilege has waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(i) Spousal/domestic partner privilege;

(ii) Attorney-client communications and attorney work product privilege;

(iii) Clergy privileges;

(iv) Medical or mental health providers and counselor privileges;

(v) Sexual assault and domestic violence advocate privileges; and

(vi) Other legal privileges set forth in RCW 5.60.060 or federal law.

(d) The chair shall exclude and the committee shall not consider questions or evidence that relate to the complainant's sexual interests or prior sexual conduct, unless such question or evidence is offered to prove someone other than the respondent committed the alleged conduct, or is evidence of specific instances of prior sexual conduct with the respondent that is offered to prove consent to the alleged sexual misconduct. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent to the alleged sexual misconduct or preclude determination that sexual misconduct occurred.

(e) The committee may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The committee must not draw an inference about whether sexual misconduct occurred based solely on a party's or witness's refusal to respond to such questions.

(8) Except in cases involving allegations of sexual misconduct, the chair has the discretion to determine whether a respondent may directly question any witnesses; and if not, to determine whether questions must be submitted to the chair to be asked of witnesses, or to allow questions to be asked by an attorney or advisor for the respondent.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-130, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-130, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-130, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-130, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-140 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 20 calendar 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 the 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 attorneys, if any. The notice will inform all parties of their appeal rights. 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 non-Title IX 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. The complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of their appeal rights.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-140, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-140, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-140, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-140, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-150 Appeal from student conduct committee initial decision.

(1) Any party, including a complainant in sexual misconduct cases, may appeal the committee's initial decision to the president by filing a notice of appeal with the president's office within 21 calendar days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right and the decision shall be deemed final.

(2) The written appeal must identify the specific findings of fact and/or conclusions of law in the decision that are challenged and must contain argument why the appeal should be granted. Appeals may be based upon, but are not limited to:

(a) Procedural irregularity that would change the outcome;

(b) New evidence that would change the outcome and that was not reasonably available when the initial decision was made; and

(c) The investigator, decision maker, or Title IX coordinator had a conflict of interest or bias for or against a respondent or complainant individually or respondents or complainants generally.

(3) Upon receiving a timely appeal, the president or a designee will promptly serve a copy of the appeal on all nonappealing parties, who will have 10 business days from the date of service to submit a written response addressing the issues raised in the appeal to the president or a designee and serve it on all parties. Failure to file a timely response constitutes a waiver of the right to participate in the appeal.

(4) If necessary to aid review, the president may ask for additional briefing from the parties on issues raised on appeal. 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 appeal.

(5) The president shall serve a written decision on all parties and their attorneys, if any, within 20 calendar days after receipt of the appeal. The president's decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW, Part V.

(6) In cases involving allegations of non-Title IX 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.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-150, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-150, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-150, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-150, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-160 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 calendar 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 warning the respondent that their privilege to enter into or remain on college premises has been withdrawn, and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

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

(a) 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.

(b) 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.

(c) If the respondent 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.

(d) 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.

(e) To the extent permissible under applicable law, the conduct review officer shall provide a copy of the decision to all persons or officers 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: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-160, filed 10/15/25, effective 11/15/25
WSR 24-24-035, s 495E-110-160, filed 11/25/24, effective 11/30/24. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-160, filed 4/28/21, effective 5/29/21. Statutory Authority: RCW 28B.50.140(13), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-160, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-220 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), Violence Against Women Act of 1994, and Title IX of Education Amendments of 1972. WSR 15-11-013, § 495E-110-220, filed 5/8/15, effective 6/8/15.

Wash. Admin. Code § 495E-110-225 Sexual misconduct proceedings.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-225, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-225, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-230 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. Sec. 106. To the extent these supplemental hearing procedures conflict with the college's standard disciplinary procedures, WAC 495E-110-010 through 495E-110-220, these supplemental procedures shall take precedence.

History

Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-230, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-240 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, the college may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."

For purposes of this supplemental procedure, "sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:

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

(2) Hostile environment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the college's educational programs or activities, or changes the terms of their 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 18.

(d) Statutory rape. Nonforcible sexual intercourse between someone who is 18 years of age or older and someone who is under the age of 16.

(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 26.55.010.

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-240, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-240, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-250 Title IX jurisdiction.

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

(a) Occurred in the United States;

(b) Occurred during a college educational program or activity; and

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, WAC 495E-110-030.

(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: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-250, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-260 Initiation of discipline.

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

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

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

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

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

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

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

(ii) An advisor may be an attorney; and

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-260, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-260, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-270 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 495E-110-120. In no event will the hearing date be set less than ten days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-270, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-280 Rights of parties.

(1) The college's student conduct procedures, WAC 495E-110-120, and this supplemental procedure shall apply equally to all parties.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-280, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-280, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-290 Evidence.

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

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

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

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

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

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

(4) Complainant and respondent may not ask questions directly of one another. The advisors will be responsible for questioning all witnesses on the party's behalf.

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-290, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-290, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-300 Initial order.

In addition to complying with WAC 495E-110-140, the student conduct committee will be responsible for conferring and drafting an initial order that:

(1) Identifies the allegations of sexual harassment;

(2) Describes the procedural steps taken from receipt of the formal complaint through the determination, including any notifications to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(3) Makes findings of fact supporting the determination;

(4) Reaches conclusions regarding responsibility by applying the conduct code to the facts;

(5) Contains a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;

(6) Describes any disciplinary sanction or conditions imposed against the respondent, rising from the committee's determination that the respondent violated the conduct code;

(7) Determines whether remedies designed to restore or preserve complainant's equal access to the college's educational programs or activities will be provided by the college;

(8) Describes the process for appealing the initial order to the college president; and

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-300, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-300, filed 4/28/21, effective 5/29/21.

Wash. Admin. Code § 495E-110-310 Appeals.

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

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

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

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

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

(6) All administrative decisions reached through this process may be judicially reviewed pursuant to applicable provisions of chapter 34.05 RCW including, but not limited to, the timelines set forth in RCW 34.05.542.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-21-083, s 495E-110-310, filed 10/15/25, effective 11/15/25. Statutory Authority: Title IX of Education Amendments of 1972 and RCW 28B.50.140. WSR 21-10-038, § 495E-110-310, filed 4/28/21, effective 5/29/21.

Chapter 495E-116 Parking and traffic.

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

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

(1) Protect and control pedestrian and vehicular traffic;

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

(3) Minimize traffic disturbances during class hours;

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

(5) Regulate the use of parking spaces;

(6) Protect state-owned property;

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-010, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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 Renton applies upon all lands located within the city of Renton.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-020, filed 6/21/93, effective 7/22/93.

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

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

(1) "Campus" means all lands and buildings devoted to, operated by, or maintained by Renton Technical College.

(2) "Campus security officer" means an employee of the college who is responsible for campus security and who reports to the vice president for plant operations.

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

(4) "Visitors" mean persons who lawfully visit the campus.

(5) "Vehicle" means an automobile, truck, motor-driven cycle, or scooter, or other powered vehicle.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-030, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-040 Employee and student parking.

(1) Each employee parking a vehicle in parking space posted as staff parking only shall display on the vehicle a currently valid parking permit obtained from the vice president for plant operations or designee.

(2) No student may park in a parking space posted as staff or visitor parking only.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-040, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-050 Delegation of authority.

The authority and powers conferred upon the vice president for plant operations by this chapter are subject to delegation in writing to that individual's subordinates.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-050, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-060 Enforcement.

(1) Failure to enforce parking and traffic rules on one occasion does not waive enforcement later.

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-060, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-070 Violation of parking and traffic rules.

(1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of this chapter.

(2) In instances where violations are repeated, the vehicle may be impounded.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-070, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-080 Issuance of traffic tickets or summons.

(1) A campus security officer 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, 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, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-080, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-090 Penalties.

(1) A campus security officer may issue a citation and/or impose a fine up to two hundred fifty dollars for the following violations:

(a) Visitor parking violations;

(b) Occupying more than one parking space;

(d) Handicapped parking violation;

(e) Parking in reserved staff space without authorization;

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

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

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

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

(j) Other violations of college parking traffic rules.

(2) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be impounded and taken to a place for storage selected by the vice president for plant operations or a designee. The expenses of the impounding and storage are the responsibility of the registered owner or driver of the vehicle.

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

(4) Persons may appeal the issuance of a citation according to WAC 495E-116-100.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-090, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-100 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.

(2) Appeals must be submitted to the vice president for plant operations within five days from the date of citation. The vice president shall consider the appeal in a brief adjudicative proceeding.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-100, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-110 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 acquisition of a parking permit.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-110, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-120 Designation of parking.

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

(1) Special provisions shall be made for physically disabled employees, visitors, students, or their designees. Physically disabled individuals using handicapped parking spaces must display in that vehicle a valid state-issued disabled parking permit or license plate. The campus security officer shall issue appropriate permits for temporarily handicapped persons.

(2) 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 two hours.

(3) The vice president for plant operations may designate parking spaces for special purposes as deemed necessary.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-120, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-130 Parking within designated spaces.

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

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-130, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-140 Regulatory signs, markings, barricades, etc.

The vice president for plant operations 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 devoted to, operated by, 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 security officer in the control and regulation of traffic and parking.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-140, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-150 Speed limit.

No vehicle may be operated on the campus at a speed in excess of five miles per hour, or such slower speed as is reasonable and prudent under the circumstances.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-150, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-160 Pedestrian right of way.

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

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-160, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-170 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, on a path, sidewalk, or walkway, or in such a manner as to block or obstruct the normal flow of pedestrian traffic.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-170, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-180 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 vice president for plant operations. 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 report.

(2) Other accidents may be reported to security for insurance record purposes.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-180, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-116-190 Disabled or inoperative vehicles—Impounding.

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

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

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

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-106, § 495E-116-190, filed 6/21/93, effective 7/22/93.

Chapter 495E-122 Withholding services for outstanding debts.

Wash. Admin. Code § 495E-122-010 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 transmitting files, records, transcripts, or other services which have been requested by such person.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-108, § 495E-122-010, filed 6/21/93, effective 7/22/93.

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

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

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before the vice president for finance for the purpose of determining whether the person is so indebted. The proceeding must be requested within twenty days of the date of mailing the notification.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-108, § 495E-122-020, filed 6/21/93, effective 7/22/93.

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

(1) Upon receipt of a timely request for a hearing, the vice president for finance 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 should be conducted within ten days of the request for a hearing.

(2) After the informal hearing, a decision shall be rendered by the vice president for finance 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 ten 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. Any review of the decision shall be by the president in accordance with RCW 34.05.488 through 34.05.491.

History

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. WSR 93-13-108, § 495E-122-030, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-122-040 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, 34.05.220 and [34.05].482. WSR 93-13-108, § 495E-122-040, filed 6/21/93, effective 7/22/93.

Chapter 495E-132 Financial aid.

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

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

Office of Financial Aid

Renton Technical College

3000 Northeast Fourth Street

Renton, WA 98056

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

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-109, § 495E-132-010, filed 6/21/93, effective 7/22/93.

Chapter 495E-133 Organization.

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

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

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

3000 Northeast Fourth Street

Renton, WA 98056

The office hours are 7:30 a.m. to 4:30 p.m., Monday through Friday, except legal holidays.

(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:

Registrar

Renton Technical College

3000 Northeast Fourth Street

Renton, WA 98056

History

Statutory Authority: RCW 28B.50.140 and 34.05.220. WSR 93-13-110, § 495E-133-020, filed 6/21/93, effective 7/22/93.

Chapter 495E-134 Designation of rules coordinator.

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

The rules coordinator for Renton Technical College as designated by the president is:

Vice President, Human Resources

3000 Northeast Fourth Street

Renton, WA 98056

History

Statutory Authority: RCW 34.05.310(3). WSR 93-13-111, § 495E-134-010, filed 6/21/93, effective 7/22/93.

Chapter 495E-140 Use of college facilities.

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

Renton Technical College provides continued educational opportunity for its citizens. In keeping with this general purpose, the college believes that facilities should be available for a variety of uses which are of benefit to the general public if such general uses 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. WSR 93-13-112, § 495E-140-010, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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, research, 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, research, or public service activities of the college and its departments;

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

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

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

(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 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 and 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 for plant operations. Allocation of space shall be made in accordance with college rules and policy and on the basis of time, space, priority of request, and the demonstrated needs of the applicant.

(4) 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. Charges may be imposed for damage or for any costs associated with the use of facilities. The individual, group, or organization requesting space will be required to state in advance the general purpose of any meeting.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-020, filed 6/21/93, effective 7/22/93.

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

The college neither intends nor desires to compete unfairly 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 93-13-112, § 495E-140-030, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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, forums, or formal political caucuses.

(2) Religious groups shall not 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 using college facilities may post promotional signs or posters on buildings, trees, walls, or bulletin boards, or distribute samples outside the rooms or facilities to which access has been granted, except with written permission of the vice president for plant operations.

(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 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 for plant operations 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 for plant operations.

(8) No person or group may use or enter onto college facilities having in their possession firearms or weapons, even if licensed to do so, except college personnel authorized by the president and 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.

(13) All activities and uses of college facilities shall comply with applicable laws and rules and college policies.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-040, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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 where appropriate.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-050, filed 6/21/93, effective 7/22/93.

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

(1) Individuals who are not students or members of the faculty or staff and who violate these rules will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or designee, to leave the college property. Such a request prohibits the entry of, and withdraws the license or privilege to enter onto or remain upon any portion of the college facilities by the person or group of persons requested to leave. Such persons shall be subject 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 accordance with these rules.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-060, filed 6/21/93, effective 7/22/93.

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

(1) The unlawful use or possession of drugs, narcotics, or intoxicants on college property or at college functions is prohibited. Students obviously under the influence of intoxicants, unlawful drugs, or narcotics while in college facilities are subject to disciplinary action.

(2) The use of tobacco is prohibited in or on any college facility.

(3) Destruction of college or other public property is also prohibited.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-070, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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, or persons with specific handicapping conditions or as specifically permitted by the vice president for plant operations.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-080, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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. The board of trustees has determined that groups or organizations affiliated with the college should be permitted access to facilities at the lowest charge on the fee schedule, which may include complimentary use. A current fee schedule is available to interested persons from the office of vice president for plant operations.

(2) The college does not wish to compete with private enterprise. Facility use for noncollege activities will not be granted at rates or upon terms less than fair rental value.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-090, filed 6/21/93, effective 7/22/93.

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

(1) At least seven working days prior to date of intended use of any college facility, or such lesser period as is approved by the vice president for plant operations, an authorized representative of the requesting organization must submit a proper and complete written application for use of college facilities, which may be obtained through the college's office of vice president for plant operations. 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 for plant operations shall serve as the rental agreement. By affixing a signature as representing the using organization, the signatory specifies that he or she has authority to enter into the 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 rental form but not less than one percent per month.

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

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

(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 president and the vice president for plant operations each reserve the right to cancel any permit and refund any payments for use of college facilities and equipment when they deem such action advisable and in the college's best interests.

(7) In the event of a cancellation by the applicant, that organization is 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.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-100, filed 6/21/93, effective 7/22/93.

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

(1) Signatories to the rental agreement as well as adult organization leaders are responsible for group conduct and are expected to remain with their group during activities. When the use of particular facilities makes it advisable that supervision be provided, 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 rented facilities. 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 vice president for plant operations.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-112, § 495E-140-110, filed 6/21/93, effective 7/22/93.

Chapter 495E-168 Use of library resource center—Fines.

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

WAC 495E-168-010 through 495E-168-040 will be known as the library-resource center code of Renton Technical College.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-113, § 495E-168-010, filed 6/21/93, effective 7/22/93.

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

Materials from the college library-resource 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-resource 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 Renton Technical College students.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-113, § 495E-168-020, filed 6/21/93, effective 7/22/93.

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

In cases where damage to or loss of library resource center material is evident, the offending patron will be assessed the replacement cost. When library resource center materials are retained by the borrower beyond the designated due date, a fine will be levied. When materials are not returned, or fines not paid, holds may be placed on the transcript records of those involved, or other remedies pursued, in accordance with chapter 495E-122 WAC. 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 93-13-113, § 495E-168-030, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-168-040 Student notice.

Additional information about the operation of the library-resource center and the rules for loaning books, other print materials, and nonprint materials shall be posted in the library-resource center.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-113, § 495E-168-040, filed 6/21/93, effective 7/22/93.

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

The library shall have the right to inspect packages, brief cases, containers, articles, and materials leaving the library resource center 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 93-13-113, § 495E-168-050, filed 6/21/93, effective 7/22/93.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-113, § 495E-168-060, filed 6/21/93, effective 7/22/93.

Chapter 495E-276 Access to public records.

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

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-010, filed 6/21/93, effective 7/22/93.

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

(1) "Public record" and "writing" have the meanings set forth in RCW 42.17.020.

(2) "Renton Technical College" is an agency organized by statute pursuant to RCW 28B.50.040, and hereinafter may be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-020, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-276-030 Description of central and field organization of Community College District No. 27.

(1) Renton Technical College is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located at 3000 Northeast Fourth Street, Renton, WA 98056-4195.

(2) The district is operated under the supervision and control of the state board for community and technical colleges and a college 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 495E-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 district.

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-030, filed 6/21/93, effective 7/22/93.

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

(1) The board of trustees normally takes action at regular or special meetings through duly adopted resolutions or motions or promulgation of rules 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 Renton Technical College, a current copy of which is available for inspection at the administrative office of the district.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-040, filed 6/21/93, effective 7/22/93.

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

All public records of the district are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by 20 U.S.C. §1232g, 34 C.F.R. Part 99, RCW 42.17.310, chapter 495E-280 WAC, or other statutes or rules.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-050, filed 6/21/93, effective 7/22/93.

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

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-060, filed 6/21/93, effective 7/22/93.

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

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-070, filed 6/21/93, effective 7/22/93.

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

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

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

(a) The name, address, and telephone number of the person requesting the record;

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

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

(d) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested;

(e) If the requested record includes a list of individuals, a sworn certification and declaration by the requester that the list and names will not be used for any commercial purpose.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-080, filed 6/21/93, effective 7/22/93.

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

No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records but such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. No person shall be released a record so copied until the person requesting the copied public record has tendered payment for such copying to the appropriate district official. All charges must be paid by money order, cashier's check, or cash in advance.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-090, filed 6/21/93, effective 7/22/93.

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

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 495E-276-080 is exempt pursuant to RCW 42.17.310 or another statute or rule. Such determination shall be made by the public records officer or his/her designee.

(2) Pursuant to RCW 42.17.260, the district will delete identifying details when it makes a record available, to the extent required to prevent an unreasonable invasion of personal privacy interests: Provided, however, In each case the justification for the deletion shall be explained in writing.

(3) The response to a request for a public record must be made promptly. Within five business days, the records officer must respond in accordance with RCW 42.17.320.

(4) All denials of requests 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.

(5) The district's disclosure of a record that it may have authority to withhold under a permissive exemption shall not waive that exemption or in any way preclude the district from asserting that exemption upon a future request for the same or another record.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-100, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-276-110 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review to the district president or his/her designee. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

(2) Within two business days after receiving the written request for review, the president of the district, or his or her designee, shall complete such review and issue a final written decision.

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-110, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-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 custody of the records officer. Copying of such records may be arranged according to the provisions of WAC 495E-276-090.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-120, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-276-130 Records indexes and exemptions.

(1) The district will maintain indexes of its public records in accordance with RCW 42.17.260. The indexes maintained by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

(2) For purposes of RCW 42.17.260(2), the laws other than those listed in chapter 42.17 RCW which the district believes may exempt or prohibit disclosure of district information or records include: 20 U.S.C. §1232 g, 34 C.F.R. Part 99, and RCW 5.60.060 and 42.32.030.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-130, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-276-140 Adoption of form.

The district hereby adopts for use by all persons requesting inspection and/or copying or copies of its records the following form:

REQUEST FOR PUBLIC RECORD TO

RENTON TECHNICAL COLLEGE

(1)	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name (please print)	. . . . Signature
	. . . . Name or Organization, if applicable
	. . . . Mailing Address of Applicant	. . . . Phone Number
(2)	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date Request Made	. . . . . . . . . . . . . . Time of Day Request Made
(3)	Identification Reference on Current Index (Please describe)
	. . . .
	. . . .
	. . . .
(4)	Description of Record, or Matter, Requested if not Identifiable by Reference to the Renton Technical College Index
	. . . .
	. . . .
	. . . .
(5)	(If request covers a list of individuals:) The undersigned records requester certifies and declares under penalty of perjury under the laws of the State of Washington that no list or names of individuals obtained through this request will be used for any commercial purpose:
Requested By . . . . . . Date . . . . . Time. . . .
Received By . . . . . . . Date . . . . . Time. . . .
action on request
Request: approved . . . .	denied. . . .	Date . . .
By . . . . . . . . . . . . . . . . . . . Name	. . . . . . . . . . . . . . . . . . . . . . . . . Title
Reasons for Denial: . . . .
. . . .
. . . .
. . . .

History

Statutory Authority: RCW 28B.50.140 and 42.17.250 et seq. WSR 93-13-114, § 495E-276-140, filed 6/21/93, effective 7/22/93.

Chapter 495E-280 Family Educational Rights and Privacy Act.

Wash. Admin. Code § 495E-280-010 General policy.

Renton Technical College adopts the policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. §1232g) and its implementing regulation (34 C.F.R. §99). Briefly, Renton Technical College is required to provide students with access to their own education records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of the student's privacy or other right, to obtain written consent before releasing certain information, and to notify students of these rights.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-010, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-015 Definitions.

For the purposes of this policy, the following definitions of terms apply:

(1) "Student" means any individual who is or has been in attendance at Renton Technical College and regarding whom the college maintains education records.

(2) "Education records" are those records, files, and documents (in handwriting, print, tape, film, microfiche, or other medium) maintained by Renton Technical College which contain information directly related to an individual student. Education records include the following:

(a) Records pertaining to admission, advisement, registration, grading, and progress toward a degree that are maintained by the registrar.

(b) Testing information used for advisement purposes by the counseling center.

(d) Financial aid information as collected by the financial aid office.

(e) Information regarding students participating in student government that is maintained by the student programs office.

(3) "Directory information" means the student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities and organizations, dates of attendance, honor roll, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(4) "Written consent" means a written authorization for disclosure of student education records which:

(a) Is signed and dated;

(b) Specifies the records to be disclosed; and

(5) "Personally identifiable" means data or information which includes: The name of the student, the student's parent(s) or other family member; a personal identifier such as the student's Social Security number or student number; or personal characteristics or other information which would make the student's identity easily traceable.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-015, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-020 Annual notification of rights.

Renton Technical College will notify students of their rights under the Family Educational Rights and Privacy Act (F.E.R.P.A.) and these rules by publication in the college catalog and by distribution of that catalog during the registration process. The college shall make available upon request a copy of these rules governing release of student records. In addition, the college shall post at conspicuous places on the campus information regarding the existence of this policy and of the availability of copies.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-020, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-030 Procedure to inspect education records.

(1) Students may inspect and review their education records upon request to the appropriate college official as designated in WAC 495E-280-110.

(2) A student must submit to the appropriate college official a written request which identifies as precisely as possible the records he or she wishes to inspect.

(3) The appropriate college official will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in forty-five days or less from the receipt of the request.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-030, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-040 Disclosure of education records.

(1) In addition to "directory information" the college may, at its discretion, make disclosures from education records:

(a) To college officials including college administrative and clerical staff, faculty, and students employed by the college when the information is required for advisement, counseling, recordkeeping, reporting, or other legitimate educational interest consistent with their specific duties and responsibilities;

(b) To officials of another school in which the student seeks or intends to enroll;

(d) In connection with financial aid which the student has applied for or received, when necessary for lawful purposes;

(e) To appropriate parties in a health or safety emergency;

(f) To accrediting organizations to carry out their accrediting functions;

(g) To parents of a student who claim the student as a dependent for income tax purposes;

(h) To comply with a judicial order or a lawfully issued subpoena; and

(i) To an organization conducting a study for or on behalf of educational agencies or institutions, when legally authorized.

(2) The college shall not permit access to or release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the above.

(3) Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student, except that the college may permit third party disclosure to other parties listed in subsection (1)(a) through (i) of this section.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-040, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-050 Limits on rights to review and inspect and obtain copies of education records.

(1) When a record contains information about more than one student, the student may inspect and review only the information which relates to him or her.

(2) Renton Technical College reserves the right to refuse to permit a student to inspect the following records:

(a) Financial records, including any financial statement of the student's parents;

(b) Confidential letters and statements of recommendation for which the student has lawfully waived his or her right of access, or which were placed in the file before January 1, 1975; and

(3) Renton Technical College reserves the right to deny transcripts or copies of records not required to be made available by the Federal Educational Rights and Privacy Act in any of the following situations:

(a) The student has an unpaid financial obligation to the college;

(b) There is an unresolved disciplinary action against the student.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-050, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-060 Record of request and disclosures.

(1) The college shall maintain a record of requests for and disclosures of personally identifiable information in the education records of each student. The record maintained under this section shall be available for inspection and review as provided by law or rule.

(2) The college shall maintain the record with the education records of the student as long as the records are maintained.

(3) The record must include:

(a) The names of parties who have requested or received personally identifiable information;

(b) The interests the parties had in requesting or obtaining the information; and

(c) The names and interests of additional parties to which the receiving party may disclose or redisclose the information.

(4) The following parties may inspect the record of requests and disclosures relating to a student:

(a) The student;

(b) The college officials who are responsible for the custody of the records; and

(5) The college is not required to maintain a record if the request was from, or the disclosure was to:

(a) The student;

(b) A school official;

(d) A party seeking directory information.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-060, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-070 Disclosure of directory information.

Directory information may be disclosed at the discretion of the college and without the consent of the student unless the student has elected to prevent disclosure by filing a written objection to disclosure with the registrar within ten days of his/her registration for that term. The objection continues in effect during succeeding terms unless revoked in writing by the student.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-070, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-080 Requests for corrections, hearings, adding statements to education records.

Students have the right to request to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

(1) A student must submit a written request to amend his or her education record to the appropriate college official responsible for the custody of the record as designated in WAC 495E-280-110. The request must identify the part of the record he/she wants changed and specify why the record is believed to be inaccurate, misleading, or in violation of his or her privacy or other rights.

(2) A student whose request for amendment of his or her education record has been denied may request a hearing by submitting a written request to the vice president for student services or designee within ten days following the denial. The written request must be signed by the student and shall indicate the reasons why the records should be amended. The vice president for student services or designee shall notify the student of the hearing within thirty days after receipt of a properly filed request. In no case will the notification be less than ten days in advance of the date, time, and place of the hearing.

(3) The hearing shall be a brief adjudicative proceeding as provided in RCW 34.05.482 through 34.05.494 and shall be conducted by the vice president for student services or his/her designee. At the hearing, the student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the request to amend the student's education records. The student may be assisted by one or more individuals, including an attorney.

(4) The vice president for student services or designee will prepare a written decision, within ten days after the conclusion of the hearing, based on the evidence presented at the hearing. The decision will include the reasons for the decision and will advise the parties that it is subject to administrative review by the college president under RCW 34.05.488 through 34.05.491 if a written or oral request for such review is received by the president within twenty-one days. A copy of the decision shall be served on the student.

(5) If the final decision is that the information is inaccurate, misleading, or in violation of the student's right of privacy, the custodian of the record will amend the record accordingly and notify the student, in writing, that the record has been amended.

(6) If the final decision is that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, the custodian of the record will notify the student in writing that the student has a right to place in the record a rebuttal statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

(7) The student's rebuttal statement will be maintained as part of the student's education records as long as the contested portion is maintained. If the contested portion of the education record is disclosed, the statement will also be disclosed.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-080, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-090 Fees for copies.

Copies of student records shall be made at the expense of the requesting party at actual cost for copying as posted at the admissions/records office.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-090, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-100 Waiver.

A student may waive any of his or her rights under this chapter by submitting a written, signed, and dated waiver to the office of the registrar. Such a waiver shall be specific as to the records and persons or institutions covered. A waiver continues in effect according to its terms unless revoked in a subsequent writing which is signed and dated.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-100, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-110 Type and location of education records.

types	custodian
Admission Records, Cumulative Academic Records, Testing Records, Registration and Payment of Tuition Records	Registrar
Financial Aid Records, Student Employment Records	Financial Aid Director

All records are maintained in the Administration Building, 3000 Northeast Fourth Street, Renton, WA 98056.

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-110, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-280-120 Remedy for students protected by this act.

A student may file a written complaint with the United States Department of Education regarding an alleged college violation of the Federal Educational Rights and Privacy Act or 34 C.F.R § 99. The address is:

Family Policy and Regulations Office

U.S. Department of Education

Washington, D.C. 20202

History

Statutory Authority: RCW 28B.50.140, 34.05.220, [34.05].482, 20 U.S.C. §1232g and 34 C.F.R. Part 99. WSR 93-13-115, § 495E-280-120, filed 6/21/93, effective 7/22/93.

Chapter 495E-300 Discrimination policies and procedures.

Wash. Admin. Code § 495E-300-010 General policy.

Any applicant for admission, enrolled student, applicant for employment or employee of Renton Technical College who believes she/he has been discriminated against on any unlawful basis, including sex, marital status, race, color, national origin, handicap/disability, age, or religion, may lodge an institutional grievance by following the procedures below.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-116, § 495E-300-010, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-300-020 Informal procedure.

(1) All applicants, employees, and students should feel free to discuss perceived discrimination with the individual responsible and with the person immediately in charge, such as the first-line supervisor or instructor, to see if the situation can be resolved informally. Applicants, employees, and students may also consult directly and confidentially with the college affirmative action officer without making a formal written complaint. However, they are not required to use the informal process and may go directly to the formal procedure.

(2) Any college official receiving any discrimination complaint shall contact the affirmative action officer or designee as soon as practicable. The college official shall arrange for the complainant to receive a copy of the complaint procedure.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-116, § 495E-300-020, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-300-030 Formal procedure.

Employees and students may make a written complaint concerning discriminatory behavior to the affirmative action officer or his/her designee.

(1) Complaints will be held in confidence to the extent this is reasonably possible. No action against the person accused will ordinarily be taken on behalf of the complainant unless the complainant consents to be identified to the accused, although the college reserves all rights to take appropriate corrective measures regardless of the actions of the complainant.

(2) The complainant or accused may bring a person of his or her choice to any meetings about the complaint.

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

(4) The affirmative action officer will meet, consult, and investigate as he/she deems appropriate. An informal hearing may be substituted for or added to an investigation if the complainant and the accused agree. The affirmative action officer or designee will be responsible for conducting any such hearing.

(5) The affirmative action officer or designee shall promptly communicate his/her findings to both the complainant and the accused, and then shall make a written report of those findings and a recommendation to the appropriate disciplinary authority or other college official (but not one who would hear any appeal).

(6) Appropriate corrective measures, if any, will be decided by the appropriate disciplinary authority or official. 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 code appeal procedure.

(7) Information will be entered in a 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 for a period of three years and then that record will be destroyed. If a complaint is filed with an outside state or federal agency, files will be maintained until that 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 93-13-116, § 495E-300-030, filed 6/21/93, effective 7/22/93.

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

These procedures outlined in WAC 495E-300-010 through 495E-300-030, are internal college procedures and, as such, serve to resolve complaints within the college's administrative framework. These procedures do not restrict or replace an individual's right to file a 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 93-13-116, § 495E-300-040, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-300-050 Policy statement on disabilities.

Students with documented disabilities 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 of a degree.

Specific support services and auxiliary aide should 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.

Renton Technical College 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. WSR 93-13-116, § 495E-300-050, filed 6/21/93, effective 7/22/93.

Chapter 495E-325 State Environmental Policy Act rules.

Wash. Admin. Code § 495E-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Renton Technical College that all actions taken by the district shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act), and chapters 197-11 and 132-24 WAC.

(2) The president of the district or his/her designee shall be responsible for administering and implementing this policy.

History

Statutory Authority: RCW 28B.50.140. WSR 93-13-117, § 495E-325-010, filed 6/21/93, effective 7/22/93.

Chapter 495E-400 Faculty tenure, dismissal, and reduction in force.

Wash. Admin. Code § 495E-400-010 Applicable law.

Faculty tenure, dismissal, and reduction in force of the faculty of Renton Technical College shall be governed by the laws of the state of Washington, these rules, and applicable collective bargaining agreement(s).

History

Statutory Authority: RCW 28B.50.140, [28B.50.]852 and 34.05.220. WSR 93-13-118, § 495E-400-010, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-400-020 Definitions.

In addition to the definitions given in chapter 28B.50 RCW, as used herein the term:

(1) "Appointing authority" shall mean the board of trustees for Renton Technical College and College District 27.

(2) "President" shall mean the president of Renton Technical College.

History

Statutory Authority: RCW 28B.50.140, [28B.50.]852 and 34.05.220. WSR 93-13-118, § 495E-400-020, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-400-030 Evaluation of probationer by review committee.

The criteria considered by the review committee evaluating a faculty probationer shall include, without limitation: Teaching skill, relationships with students, staff, and administrators, knowledge of the subject matter he/she is charged with teaching, and overall contribution to the college.

History

Statutory Authority: RCW 28B.50.140, [28B.50.]852 and 34.05.220. WSR 93-13-118, § 495E-400-030, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-400-040 Faculty statement on maintaining professional competency.

A tenured faculty member shall maintain professional competency in teaching skills and his/her particular discipline, through pursuit of a related organized course of study, research, inservice training, conference attendance, additional vocational experience, and maintenance of certification.

History

Statutory Authority: RCW 28B.50.140, [28B.50.]852 and 34.05.220. WSR 93-13-118, § 495E-400-040, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-400-050 Grounds constituting sufficient cause.

Sufficient cause for dismissal or removal of a faculty member shall include any unlawful act of violence, any unlawful act resulting in destruction of college property, conviction of a felony, sexual harassment, any unlawful interference with the orderly conduct of the educational process, incompetence, failure to perform an assignment or duty required by law or contract or layoff and/or reduction in force.

History

Statutory Authority: RCW 28B.50.140, [28B.50.]852 and 34.05.220. WSR 93-13-118, § 495E-400-050, filed 6/21/93, effective 7/22/93.

Wash. Admin. Code § 495E-400-060 Reduction in force.

(1) Except in cases of financial emergency declared by the state board and acted on by the district board under RCW 28B.50.873, the president shall determine which program(s) and/or support services are most necessary to maintain the educational mission of the college and where and when any reduction in force of tenured or probationary faculty members will occur.

(2) The president shall give advance written notice of any program reduction which is likely to cause a reduction in force of faculty to interested faculty members and to the district board, which shall affirm, modify, or reverse that reduction subject only to judicial review.

(3) If the president determines that a reduction in force of faculty is necessary, the president shall conduct the reduction, in accordance with applicable collective bargaining agreements. Unless provided otherwise by an applicable agreement, the order of employee reduction will be based on seniority within the program or service being reduced. Unless provided otherwise by an applicable agreement, each affected tenured or probationary faculty member shall be given written notice of termination or reduced hours and an opportunity to seek review, which review may be initiated only by the faculty member filing with the president, within twenty days of receipt of the notice, a written request for review. Such review shall be limited to determining whether he/she is a proper employee to be terminated or reduced, and shall otherwise be made in accordance with RCW 28B.50.863 et seq. when appropriate.

History

Statutory Authority: RCW 28B.50.140, [28B.50.]852 and 34.05.220. WSR 93-13-118, § 495E-400-060, filed 6/21/93, effective 7/22/93.