Title 495b WAC — Bellingham Technical College

Chapter 495B-104 Board of trustees.

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

The board of trustees shall hold one regular meeting on the third Thursday of each month at 9:00 a.m. and such special meetings as may be requested by the chair of the board or by a majority of the members of the board and announced in accordance with law. All board meeting dates may be found in the Washington State Register and at the college website (btc.edu).

All regular and special meetings of the board of trustees shall be held at Bellingham Technical College, College Services, Room 215, 3028 Lindbergh Avenue, Bellingham, WA 98225, unless scheduled elsewhere, and are open to the general public, except for lawful executive sessions.

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

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-104-010, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-104-010, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 at least two weeks in advance of the next scheduled meeting of the board. The president will relate the request to the chair of the board as soon as feasible. The chair will determine whether the item is to be placed on the agenda. The chair or 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: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-104-020, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-104-020, filed 2/10/93, effective 3/13/93.

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

The board of trustees delegates to the college president its authority and responsibility to administer Bellingham 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.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-104-030, filed 2/10/93, effective 3/13/93.

Chapter 495B-108 Practice and procedure.

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-010, filed 2/10/93, effective 3/13/93.

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

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

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-108-020, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-020, filed 2/10/93, effective 3/13/93.

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-030, filed 2/10/93, effective 3/13/93.

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

An application for adjudicative proceeding must specify the issue to be decided in the proceeding and be signed by the applicant or the applicant's representative. Application forms are available at the following address: 3028 Lindbergh Avenue, Bellingham, WA 98225.

Written application for an adjudicative proceeding must be submitted to the above address within 21 days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-108-040, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-040, filed 2/10/93, effective 3/13/93.

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

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

(1) Appeals from residency classifications made pursuant to RCW 28B.15.013;

(2) Challenges to the contents of educational records pursuant to 34 C.F.R. § 99.21;

(3) Appeals from actions from student conduct or disciplinary proceedings;

(4) Appeals from actions due to parking and traffic infractions;

(5) Appeals from actions due to outstanding debts of college employees or students;

(6) Appeals from actions regarding loss of eligibility to participate in college-sponsored events;

(7) Appeals from actions regarding mandatory tuition and fee waivers;

(8) Appeals pursuant to any other formal rule adopted by Bellingham Technical College which specifically provides for a brief adjudicative procedure.

Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter. Adjudicative proceedings shall be open to the public, except as may be provided otherwise by law. A brief written statement of the reasons for the decision must be entered within 10 business days after the proceeding.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-108-050, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-050, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-060, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-070, filed 2/10/93, effective 3/13/93.

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-108-080, filed 2/10/93, effective 3/13/93.

Chapter 495B-116 Parking and traffic.

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

Under the authority granted in RCW 28B.50.140(10), the board of trustees of Bellingham Technical College has adopted rules for pedestrian and vehicular traffic upon public lands devoted to, operated by, owned 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 college operating hours;

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

(5) Regulate the use of parking spaces;

(6) Protect state-owned property.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-010, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-010, filed 2/10/93, effective 3/13/93.

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

All rules in this chapter and all motor vehicle and other traffic laws of the state of Washington and the traffic code of the city of Bellingham apply on campus property.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-020, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-020, filed 2/10/93, effective 3/13/93.

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

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

(1) "Bicycle" means every device propelled solely by human power, or an electric-assisted bicycle as defined in RCW 46.04.169, upon which a person or persons may ride, having two tandem wheels usually propelled by pedals connected to the rear wheel by a chain and having handlebars for steering. The term "bicycle" is intended to include other pedal-powered cycles.

(2) "Board" means the board of trustees of Bellingham Technical College.

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

(4) "Campus" means all buildings, structures, grounds, office space, or assets owned or controlled by the college, and the streets, sidewalks, parking lots, and roadways within the boundaries of the property owned or controlled by the college.

(5) "Chief business officer" means the vice president of administrative services of Bellingham Technical College.

(6) "College" means Bellingham Technical College.

(7) "Employee" means any individual employed by the college.

(8) "Guests or visitors" mean persons who are not employed by the college or attending the college as students who come on campus property.

(9) "Pedestrian" means any person who is afoot or who is using a wheelchair, a powered wheelchair, or a powered scooter for persons with disabilities.

(10) "Permit" means an authorization to park issued by the college and associated with a vehicle's license plate number.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-030, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-030, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-030, filed 2/10/93, effective 3/13/93.

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

(1) Parking permits may be issued to students, employees, and guests upon the following conditions:

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

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

(2) Only one vehicle registered to an individual under permit is permitted to park on campus at any one time.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-040, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-040, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-040, filed 2/10/93, effective 3/13/93.

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

With the exception of visitors, as outlined in WAC 495B-116-060, all persons parking in permit restricted areas on the campus shall secure and display a currently valid parking permit.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-050, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 11-04-016, § 495B-116-050, filed 1/21/11, effective 2/21/11
WSR 05-06-011, § 495B-116-050, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-050, filed 2/10/93, effective 3/13/93.

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

All guests or visitors (including salespersons and maintenance or service personnel) will park in appropriate parking areas after signing in at the college information desk or designated location.

History

Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-060, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-060, filed 2/10/93, effective 3/13/93.

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-070, filed 2/10/93, effective 3/13/93.

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

Any parking permit issued by the college must be visible within the vehicle for which the permit is issued. Permits on motorcycles must be affixed in a conspicuous place.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-080, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-080, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-080, filed 2/10/93, effective 3/13/93.

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

Parking permits are assigned to specifically registered vehicles. If a vehicle is sold or traded, the new vehicle must be registered with the college prior to parking on campus while utilizing a permit. A new vehicle can be registered with the college at no additional cost to the permit holder.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-090, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-090, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-090, filed 2/10/93, effective 3/13/93.

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

Permits are property of the college, and may be revoked for any reason, including the following:

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

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

(3) Falsification on a vehicle registration application;

(4) Continued violations of parking and traffic rules; or

(5) Counterfeiting or altering of permits.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-100, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-100, filed 2/10/93, effective 3/13/93.

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

The college's chief business officer or a designee reserves the right to refuse the issuance of a parking permit to anyone who has had a previous permit revoked, or whose driving or parking record indicates a disregard for the rights or safety of others.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-110, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-110, filed 2/10/93, effective 3/13/93.

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

When a parking permit has been revoked under WAC 495B-116-100 or has been refused in accordance with WAC 495B-116-110, or when a fine or penalty has been levied against a violator of this chapter, that action by the chief business officer or a designee may be appealed in accordance with WAC 495B-116-180.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-120, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-120, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-120, filed 2/10/93, effective 3/13/93.

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

The authority and powers conferred upon the chief business officer by this chapter are subject to delegation to that individual's subordinates or other qualified personnel.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-130, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-130, filed 2/10/93, effective 3/13/93.

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

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

(2) The chief business officer or a designee is responsible for the enforcement of this chapter.

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-140, filed 2/10/93, effective 3/13/93.

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

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

(2) A vehicle may be impounded if, in the judgment of the chief business officer or a designee, such impoundment is warranted due to the fact that violations have been repeated as evidenced by appropriate documentation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-150, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-150, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-150, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-116-160 Issuance of traffic tickets.

(1) The chief business 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, permit number, license information, and the nature of violation.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-160, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-160, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-160, filed 2/10/93, effective 3/13/93.

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

(1) The college shall establish a schedule of fines. The college shall publish the schedule on the BTC parking page of the college's website and on the traffic parking citation form.

(2) The chief business officer or a designee may impose fines and penalties in accordance with this chapter for the following violations:

(a) Parking in designated permit only or carpool space without a valid permit or appropriate authorization clearly displayed;

(b) Occupying more than one parking space or occupying a space or area not designated for parking;

(c) Blocking or obstructing traffic, including parking in such a manner that blocks a street or driveway that impedes ingress or egress (vehicle subject to immediate tow and impound);

(d) Parking adjacent to a fire hydrant or in a fire lane (vehicle subject to immediate tow and impound);

(e) Parking in a zone or area designated as no parking, or parking in any other area not designated as a parking area;

(f) Parking in a designated accessible parking space without displaying a state-issued disabled parking placard, plate, or tab;

(g) Parking on any landscaped, improved, or unpaved area;

(h) Parking overtime in a posted time limit zone;

(i) Parking in a designated visitor parking area for longer than the posted time limit without displaying a proper extended visitor permit;

(j) Parking in designated visitor parking while being a student or employee of the college;

(k) Parking in a reserved employee parking area without authorization;

(l) Other violations of college parking traffic rules.

(3) At the discretion of the chief business officer or a designee, an accumulation of citations by an employee or student may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-170, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-170, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-170, filed 2/10/93, effective 3/13/93.

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

Any person who wishes to appeal a citation must complete a dispute form or provide a written appeal to the office of the chief business officer. Dispute forms are available in the lobbies of the College Services Building and Building A.

(1) Payment of a parking fine will not constitute a waiver of the right to an appeal with regard to the underlying violation. The right to appeal is forfeited five business days from the date of the citation's issuance.

(2) The appeal must be in writing and provide a complete explanation of the basis for the appeal and may include a list of witnesses and evidence expected to be presented. The only valid basis for an appeal is a contention that the cited regulations were not violated.

(3) The parking advisory committee will review the appeal and issue a decision to the alleged violator within 14 business days. The parking advisory committee may deny the appeal or grant the appeal in whole or in part by dismissing or reducing the citation.

(4) If an appeal is not resolved to the satisfaction of the alleged violator, they have five additional business days from the receipt of the decision of the parking advisory committee to appeal to the chief business officer or a designee. Failure to file a timely appeal constitutes a waiver of the right to appeal and the committee's decision shall be deemed final.

(5) An appeal to the chief business officer or a designee must be in writing and identify the specific findings of the committee's decision that are challenged and must contain an argument as to why the appeal should be granted.

(6) If necessary to aid review the chief business officer or a designee may ask for additional briefing from the parties on issues raised on appeal. Their review shall normally be limited to a review of those issues and arguments raised in the appeal.

(7) The chief business officer or a designee shall provide a written decision to all parties within 20 calendar days after receipt of the appeal. Their decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW.

(8) The chief business officer shall not engage in any "ex parte" communication with any of the parties regarding an appeal.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-180, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-180, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-116-190 Parking advisory committee.

(1) The parking advisory committee shall consist of two student representatives, one faculty representative, one classified representative, one administrator, and the chief business officer or a designee as a nonvoting member.

(2) The committee is responsible for the following:

(a) Annually reviewing and recommending necessary changes to the college parking and traffic rules;

(b) Receiving and hearing appeals related to parking and traffic violations.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-190, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-190, filed 2/10/93, effective 3/13/93.

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-200, filed 2/10/93, effective 3/13/93.

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

The parking spaces available on campus may be allocated and designated by the chief business officer or a designee in such a manner as will best achieve the objectives of this chapter.

(1) Any person attending, visiting, or working at BTC who qualifies for a state-issued disabled parking privilege and has the required placard, plate, or tab displayed may park in any designated accessible parking space on BTC's campus.

(2) Spaces specifically designated as "visitor" are to be used only by visitors driving vehicles without continuing or annual permits. Visitors are to sign at the information desk or other designated locations, are to park in visitor parking spaces, and must abide by any posted parking time limitations. Employees and students are not visitors.

(3) The chief business officer or a designee may designate parking spaces for special purposes as deemed necessary.

(4) Spaces specifically designated as carpool are to be used by those individuals having obtained a valid carpool permit.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-210, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130. WSR 05-06-011, § 495B-116-210, filed 2/18/05, effective 3/21/05. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-210, filed 2/10/93, effective 3/13/93.

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

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-220, filed 2/10/93, effective 3/13/93.

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

The chief business officer 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, owned by, or maintained by the college. Drivers of vehicles shall observe and obey all the signs, barricades, structures, markings, and directions for the control and regulation of traffic and parking.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-230, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-230, filed 2/10/93, effective 3/13/93.

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

No vehicle may be operated on the campus at a speed in excess of 10 miles per hour, or in excess of posted speed limits, or such slower speed as is reasonable and prudent under the circumstances.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-240, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-240, filed 2/10/93, effective 3/13/93.

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

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-250, filed 2/10/93, effective 3/13/93.

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

(1) All nonpermitted 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. Operators of two-wheeled vehicles powered by an engine who have a valid parking permit may park in spaces assigned to automobiles within the appropriate parking area for their permit. The permit must be affixed in a conspicuous place.

(2) Bicycles and other nonengine powered cycles must be parked in bicycle racks where provided. No person may park a bicycle inside a building, by a doorway, on a path, sidewalk, or walkway, or in such a manner as to block or obstruct the normal flow of pedestrian traffic. Bicycles and other nonengine powered cycles parked in violation of this section may be impounded at the owner's risk and expense.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-260, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-260, filed 2/10/93, effective 3/13/93.

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

(1) The operator of a vehicle involved in an accident on campus resulting in injury or death of a person or claimed damage to either or both vehicles exceeding $1,000 shall immediately report the accident to the college information desk. Accidents occurring after the close of business must be reported the next business day. Within four days of the accident, the operators shall file a state of Washington motor vehicle report.

(2) Other minor accidents should be reported to the college information desk for insurance record purposes.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-112, s 495B-116-270, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-270, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-116-280 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 chief business officer 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 and sent by registered mail to the legal owner at least forty-eight hours before it will be impounded.

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-116-280, filed 2/10/93, effective 3/13/93.

Chapter 495B-121 Student conduct code.

Wash. Admin. Code § 495B-121-230 Authority.

WAC 495B-121-230

The board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of Bellingham Technical College the authority to administer disciplinary action. The president is authorized to delegate or reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president of student services or their designee. Unless otherwise specified, the student conduct officer, or their designee, shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-230, filed 6/18/26, effective 7/19/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-230, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-020, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-235 Statement of jurisdiction.

WAC 495B-121-235

(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 programs or activities; or

(c) Off college premises, if in the judgment of the college, the conduct has an adverse impact on the college community, the pursuit of its objectives, or the ability of a student or employee to participate in the college's programs and activities.

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

(3) Students are responsible for their conduct from the time they gain admission to the college through the last day of enrollment or award of any degree or certificate, 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 enrollment.

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

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

(6) The student conduct officer or their designee has sole discretion, on a case-by-case basis, to bring a student conduct proceeding under this code for academic dishonesty. Nothing in this code precludes instructors and/or academic divisions or departments from imposing an academic sanction, up to and including a failing grade in an academic course or dismissal from an academic program, in response to academic dishonesty. Policies and procedures governing the imposition of academic sanctions for academic dishonesty can be found in the college's academic integrity policy, the course syllabus, and any applicable program handbook.

(7) In addition to initiating disciplinary proceedings for violation of the student conduct code, the college may refer any violation 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.

(8) The college may, in its sole discretion, contract with an administrative law judge or other qualified person(s) to act as the conduct review officer, neutral decision maker, or appeal officer who is authorized to exercise any or all duties of those roles.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-235, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-235, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-235, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 22-22-002, § 495B-121-235, filed 10/20/22, effective 11/20/22. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-235, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-060, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-240 Statement of purpose.

The purpose of these rules is to prescribe standards of conduct for students of Bellingham Technical College. Violations of these standards may be cause for disciplinary action as described in this code.

(1) Bellingham Technical College is maintained by the state of Washington for the provision of programs of instruction in higher education and related community services. Like any other institution having its own special purposes, the college must maintain conditions conducive to the effective performance of its functions. Consequently, it has special expectations regarding the conduct of the various participants in the college community.

(2) Admission to the college carries with it the prescription that the student will conduct themselves as a responsible member of the college community. This includes an expectation that the student will obey appropriate laws, will comply with the rules of the college and its departments, and will maintain a high standard of integrity and honesty.

(3) Sanctions for violations of college rules or conduct that interferes with the operation of college affairs may be applied by the college, and the college may impose sanctions independently of any action taken by civil or criminal authorities. In the case of minors, misconduct may be referred to parents or legal guardians.

(4) The rules and regulations prescribed in this title shall be observed by guests and visitors while on campus, at all college functions and events, and on or within any other college-controlled or college-owned property. Guests and visitors who willfully refuse to obey college administration or other duly designated college authorities to desist from conduct prohibited by such rules and regulations may be ejected from the premises. Refusal to obey such an order may subject the person to arrest under the provisions of the Washington criminal trespass law, in addition to such other sanctions as may be applicable.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-02-031, s 495B-121-240, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-240, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-065, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-245 Definitions.

WAC 495B-121-245

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

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

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

(3) "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.

(4) "Complainant" is a student, employee, or other member of the college community who was participating or attempting to participate in college programs at the time of the alleged violation, and who is directly affected by a claimed violation of this student conduct code. The complainant may be the reporting party, but not necessarily; witnesses or other third parties may file complaints alleging a violation of the student conduct code but may not be directly affected. Allegations of prohibited conduct that could afford a complainant certain rights include discriminatory harassment, including sex discrimination. In these cases a complainant is afforded certain rights including, but not limited to:

(a) The right to be informed of the disciplinary decision for the case in which the person is a complainant;

(b) The right to appeal the disciplinary decision or dismissal of their complaint; and

(5) "Conduct review officer" is a college administrator designated by the president and is responsible for reviewing or referring appeals of student disciplinary actions as specified in this code.

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

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

(8) "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.

(9) "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

(10) "President" is the president of the college.

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

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

(13) "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 discrimination and/or harassment. These measures are intended to restore or preserve that person's access to educational programs and activities after a determination that discrimination and/or harassment has occurred.

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

(15) "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) By 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.

(16) "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 a "student" for purposes of this chapter.

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

(18) "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, sex discrimination, occurred while the individual was performing employment-related work.

(19) "Student group" is a student organization including, but not limited to, student clubs and organizations, members of a class or student cohort, and student performance groups.

(20) "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, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex discrimination.

(21) "Title IX coordinator" is the administrator responsible for processing complaints of discrimination and harassment, including sexual harassment, and conducting or overseeing investigations and informal resolution processes in accordance with college policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-245, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-245, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-245, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 22-22-002, § 495B-121-245, filed 10/20/22, effective 11/20/22. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-245, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-010, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-250 General policies.

WAC 495B-121-250

(1) Bellingham Technical College is an agency of the state of Washington and adheres to all local, state, and federal laws. The college is obligated to demonstrate respect for laws by cooperating in their enforcement.

(2) Bellingham Technical College cannot and will not establish regulations that would abridge constitutional rights.

(3) Proper procedures are established to maintain conditions helpful to the effective function of the college, to protect individual students from unfair penalties, and to ensure due process. Bellingham Technical College is granted the right by law to adopt rules to govern its operations.

(4) If these rules are broken, the college has the right and the obligation to take that action which is in the best interest of the entire college.

(5) Bellingham Technical College reserves the right to impose the provisions of this code and provide further sanctions before or after law enforcement agencies, courts, or other agencies have imposed penalties or otherwise disposed of a case. College hearings are not subject to challenge on the grounds that criminal or civil charges involving the same incident have been dismissed or reduced or in which the defendant has been found not guilty or otherwise not liable. In addition, the college reserves the right to refer incidents to the appropriate civilian authorities or law enforcement agencies.

(6) If any provision of this code is invalidated by court order or operation of law, the affected provision of the code will no longer apply.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-250, filed 6/18/26, effective 7/19/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-01-062, § 495B-121-250, filed 12/9/21, effective 1/9/22. Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
RCW 28B.50.130. WSR 21-07-085, § 495B-121-250, filed 3/18/21, effective 4/18/21.

Wash. Admin. Code § 495B-121-255 Student responsibilities.

Bellingham Technical College is a dynamic learning community that promotes growth and development by offering opportunities to gain knowledge, entrance skills, examine values, and pursue learning options. The college is committed to quality life-long learning through its values of respect, responsibility, and responsiveness. To that end, Bellingham Technical College maintains a strong commitment to providing a civil and nondisruptive learning environment. Students are reminded that they assume certain responsibilities of performance and conduct which have been reasonably established in order to accomplish Bellingham Technical College's education goals. Therefore, the college expects that students will conduct themselves as responsible members of the college community, will comply with the rules and regulations of the college, will maintain high standards of integrity and honesty, and will respect the rights, privileges, and property of other members of the college community.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
RCW 28B.50.130. WSR 21-07-085, § 495B-121-255, filed 3/18/21, effective 4/18/21.

Wash. Admin. Code § 495B-121-260 Statement of student rights.

WAC 495B-121-260

As members of the Bellingham Technical College 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 that is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sex discrimination.

(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.

(d) Students have the right to request disability-related accommodations through accessibility resources.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-260, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-260, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-260, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, recodified as § 495B-121-260, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-030, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-265 Prohibited student conduct.

WAC 495B-121-265

The college may impose disciplinary sanctions against a student, student group, or a college sponsored student organization 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:

(a) Cheating - Any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment, including the use of artificial intelligence that is not approved by the instructor.

(b) Plagiarism - Taking and using as one's own, without proper attribution, the ideas, writings, or work of another person, or use of artificial intelligence that is not approved by the instructor, 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 - 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 - 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 or dismissal from an academic program. Policies and procedures governing the imposition of academic sanctions for academic dishonesty can be found in the college's academic integrity policy, the course syllabus, and any applicable program handbook. Incidents of academic dishonesty may also be referred to the student conduct officer or their designee for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

(4) Acts of dishonesty. Acts of dishonesty include, but are not limited to:

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

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

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

(5) Alcohol.  Use, possession, manufacture, or distribution of alcoholic beverages or paraphernalia (except as expressly permitted by college policies and federal, state, and local laws), or public intoxication is prohibited on college premises or at college-sponsored events. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person not of legal age.

(6) 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 is prohibited 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, is prohibited 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.

(7) Cyber misconduct. 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 electronic messages, 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.

(8) Disruption or obstruction.  Disruption or obstruction of instruction, research, administration, disciplinary proceeding, or other college activity, including the obstruction of the free flow of pedestrian or vehicular movement on college premises or at a college activity, or any activity that is authorized to occur on college premises, whether or not actually conducted or sponsored by the college.

(9) 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;

(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, ethnicity, creed, color, sex, gender identity or expression, citizenship or immigration status, national origin, age, religion, disability, veteran or military status, sexual orientation, genetic information, the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, pregnancy, marital status, or any other characteristic 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.

(10) 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.

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

(12) 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.

(13) Hazing. Hazing is any act committed as part of a person's recruitment, initiation, pledging, admission into, affiliation with, or maintenance of membership in a student organization, or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions. Consent is not a valid defense against hazing. Examples of hazing include, but are not limited to:

(a) 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;

(b) Humiliation by ritual act;

(d) Causing someone to experience excessive fatigue, exposure to the elements, confinement in small spaces, extreme calisthenics, or physical and/or psychological shock;

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

(f) Any activity that places another person in reasonable fear of bodily harm through use of threatening words or conduct;

(g) Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone's body, or similar activity; or

(h) Any activity that includes a criminal violation of federal, state, local, or tribal law.

(14) 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.

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

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

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

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

(e) Use of such time or resources to send, display, or print an obscene 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.

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

(17) Retaliation. Harming, threatening, intimidating, coercing, or 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.

(18) 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.

(19) Sex discrimination. The term "sex discrimination" includes sexual harassment, sexual intimidation, and sexual violence. Sex discrimination prohibited by Title IX is defined in the Supplemental Title IX Procedures to this code. See chapter 495B-356 WAC. Sex discrimination that does not fall within Title IX may still be a violation of this student conduct code and addressed in accordance with the procedures in this student conduct code.

(a) Sexual harassment. "Sexual harassment" is a form of discrimination and means unwelcome sexual or gender-based conduct, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently serious as to deny or limit an individual's ability to participate in the college's programs or activities, including the following conduct:

(i) Quid pro quo harassment. A student, employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college's education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct.

(ii) Hostile environment. Unwelcome sexual or gendered conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(A) The degree to which the conduct affected the complainant's ability to access the college's education program or activity;

(B) The type, frequency, and duration of the conduct;

(C) The parties' ages, roles within the college's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(D) The location of the conduct and the context in which the conduct occurred; and

(E) Other sex-based harassment in the college's education program or activity.

(b) Sexual violence. "Sexual violence" includes nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, incest, statutory rape, domestic violence, dating violence, stalking, and sexual exploitation.

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

(ii) Nonconsensual sexual contact (fondling) is any actual or attempted intentional 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 is 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 (rape of a child) is nonforcible sexual intercourse with a person who is under the statutory age of consent.

(v) Domestic violence is physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, 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.

(vi) Dating violence is physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

(A) The length of the relationship;

(B) The type of relationship; and

(vii) Stalking means 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) To suffer substantial emotional distress.

(viii) Sexual exploitation. Any nonconsensual or abusive conduct that takes sexual advantage of another person for the purposes of sexual arousal or gratification, financial gain, or other personal benefit. Examples of sexual exploitation include:

(A) Transmitting, distributing, publishing, or threatening to transmit, distribute, or publish photos, video, or other recordings, images, or generated images of a private and sexual nature, including consensual sexual activity, without the consent of the subject(s);

(B) Taking, making, sharing, or directly transmitting photographs, films, digital images, or generated images of the private body parts of another person without that person's consent;

(D) Surreptitiously watching or knowingly allowing another to surreptitiously watch otherwise consensual sexual activity.

(c) Consent, for the purposes of this code, means knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity.

(i) Each party has the responsibility to make certain that the other has consented before engaging in the activity.

(ii) 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.

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

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

(20) 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.

(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 traffic and parking rules.

(22) Weapons. Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife, or other cutting or stabbing instrument, club, explosive devices, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus and in conjunction with college programs 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.

(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) Possession and/or use of disabling chemical sprays for purposes of self-defense is not prohibited.

(23) Unauthorized recording. The following conduct is prohibited:

(a) Making audio, video, digital recordings, live streams, or photographic images of a person without a person's consent in a location where that person has a reasonable expectation of privacy (e.g., counseling appointment or restroom).

(b) Storing, sharing, publishing, or otherwise distributing such recordings or images by any means.

(c) The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-265, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-265, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-265, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 22-22-002, § 495B-121-265, filed 10/20/22, effective 11/20/22. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-265, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-040, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-270 Disciplinary sanctions.

WAC 495B-121-270

(1) Administration of the disciplinary procedure is the responsibility of the vice president of student services. The student conduct officer, or designee, shall serve as the principal investigator and prosecutor for alleged violations of this code.

(2) Faculty members have the authority to take appropriate action to maintain order and proper conduct in the classroom and to maintain the effective cooperation of students in fulfilling the objectives of the course.

(3) Bringing any person, thing, or object to a teaching and learning environment that may disrupt the environment or cause a safety or health hazard, without the express approval of the faculty member is expressly prohibited.

(4) Faculty members or college administrators have the right to suspend any student from any single class or related activity for no more than one day, if the student's misconduct creates disruption to the point that it is difficult or impossible to maintain the decorum of the class, related activity, or the learning and teaching environment. The faculty member or college administrator shall report this suspension to the student conduct officer or designee on the same day of the suspension. In consultation with the faculty member or college administrator, the student conduct officer or designee may set conditions for the student upon return to the class or activity.

(5) The student has the right to appeal any disciplinary action of an instructor or college employee to the student conduct officer or designee in accordance with the procedures set forth in this code.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-270, filed 6/18/26, effective 7/19/26
WSR 25-02-031, s 495B-121-270, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, § 495B-121-270, filed 3/18/21, effective 4/18/21.

Wash. Admin. Code § 495B-121-275 Corrective action, disciplinary sanctions, terms and conditions.

WAC 495B-121-275

(1) One or more of the following corrective actions or disciplinary sanctions may be imposed upon a student or upon college sponsored student organizations found responsible for violating 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) Deferred suspension. Notice of suspension from the college with the provision that the student may remain enrolled contingent on meeting any condition(s) specified. Not meeting the contingency shall immediately invoke a suspension for the period of time and under the conditions originally imposed.

(f) 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 dismissal is imposed.

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

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

(b) 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.

(c) 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, which may also include mandatory attendance at educational programs, courses, or other assignments. 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.

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

(i) Ineligible to hold any 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.

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

(f) No contact directive. A directive to a student to have no contact with a specified individual, whether another student, college employee, or member of the college community, or prohibiting a student from entering a particular college facility or participating in specified college programs or activities.

(3) More than one disciplinary term and condition listed above may be imposed for any single violation.

(4) 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 a 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 26-14-009, s 495B-121-275, filed 6/18/26, effective 7/19/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-275, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-050, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-280 Initiation of disciplinary action.

WAC 495B-121-280

(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) Sex discrimination, including sexual harassment. The college's Title IX coordinator or designee shall review, process, and, if applicable, investigate complaints or other reports of sex discrimination, including sexual harassment. Allegations of sex discrimination, 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 or designee for disciplinary action.

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

(a) Informal dispute resolution shall not be used to resolve sex discrimination complaints without written permission from both the complainant and the respondent.

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

(6) Both the respondent and the complainant, when applicable, shall be provided with the same procedural rights to participate in student discipline matters, including the right to participate in the disciplinary process and appeal any disciplinary decisions.

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

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

(10) Within 10 calendar days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer or designee 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. This period may be extended at the sole discretion of the student conduct officer or designee, if additional information is necessary to reach a determination. The student conduct officer or their designee will notify the parties of any extension period and the reason therefore.

(11) The student conduct officer or designee 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 495B-121-270 and 495B-121-275; or

(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.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-280, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-280, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-280, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-280, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-070, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-285 Appeal from disciplinary action.

WAC 495B-121-285

(1) The respondent, and when applicable a complainant, may appeal a disciplinary decision by filing a written notice of appeal with the student conduct 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, or when applicable, a complainant, is seeking review.

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

(4) A respondent, and when applicable a complainant, who timely appeals a disciplinary decision 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 disciplinary decision, and any sanction, by a preponderance of the evidence.

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

(7) A conduct review officer shall conduct a brief adjudicative proceeding for appeals of:

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation; and

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

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

(a) Disciplinary suspensions in excess of 10 instructional days;

(b) Dismissals; and

(c) Disciplinary cases referred to the committee by the student conduct officer or their designee, a conduct review officer, or the president.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-285, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-285, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-285, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-285, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-080, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-286 Hazing prohibited—Sanctions.

WAC 495B-121-286

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

(2) 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.

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

(4) Any student groups found responsible for violating the student conduct code, 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.

(5) Any student who is found responsible for engaging, participating, or conspiring to participate in hazing may be sanctioned in accordance with this student conduct code.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-286, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-286, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-286, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 22-22-002, § 495B-121-286, filed 10/20/22, effective 11/20/22.

Wash. Admin. Code § 495B-121-295 Brief adjudicative proceedings—Initial hearing.

WAC 495B-121-295

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

(2) The parties to a brief adjudicative proceeding are the respondent and the student conduct officer, and in cases involving sexual harassment, the complainant. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party:

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

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

(3) The conduct review officer shall serve an initial decision upon the respondent and the student conduct officer within 10 calendar 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 as the final decision.

(4) 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 expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-295, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-295, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-295, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-295, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-090, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-300 Brief adjudicative proceedings—Review of an initial decision.

WAC 495B-121-300

(1) An initial decision is subject to review by the president, provided a party files a written request for review with the conduct review officer within 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 all parties an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to ascertain whether the sanctions should be modified or whether the proceedings should be referred to the student conduct committee for a formal adjudicative hearing.

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decisions 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 expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-300, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-300, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-300, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-300, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-100, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-305 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
RCW 28B.50.130. WSR 21-07-085, § 495B-121-305, filed 3/18/21, effective 4/18/21.

Wash. Admin. Code § 495B-121-310 Student conduct committee.

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

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

(b) Two faculty members appointed by the president;

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

(2) The administrative employee appointed on a yearly basis shall serve as the chair of the committee and may act 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 pursuant to RCW 34.05.425(4).

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-048, s 495B-121-310, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-310, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-310, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-110, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-315 Student conduct committee—Prehearing.

WAC 495B-121-315

(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 may also 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 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 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 or their designee, upon request, shall provide reasonable assistance to the parties in obtaining relevant and admissible evidence that is within the college's control.

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

(9) In cases heard by the committee, each party may be accompanied at the hearing by an advisor of their choice, which may be an attorney retained at the party's expense.

(10) For any matters involving a disciplinary sanction of suspension of more than one quarter or dismissal the parties are entitled to an advisor of their choosing, who may be an attorney. If the respondent and/or complainant is represented by an attorney, the student conduct officer or their designee may also 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.

(12) Confidentiality. The college shall take reasonable steps to prevent the unauthorized disclosure of information obtained by a party solely through the disciplinary process, which may include, but are not limited to, directives by the student conduct officer, their designee, or chair issuing directives pertaining to the dissemination, disclosure, or access to evidence outside the context of the disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-315, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-315, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-315, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-315, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-120, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-320 Student conduct committee—Presentation of evidence.

WAC 495B-121-320

(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 location.

(3) The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449. 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 or designee (unless represented by an assistant attorney general) shall present the college's case.

(6) All testimony shall be given under oath or affirmation. Except as otherwise provided in this section, evidence shall be admitted or excluded in accordance with RCW 34.05.452.

(7) The chair has the discretion in all cases 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 26-14-009, s 495B-121-320, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-320, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-320, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-320, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-125, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-325 Student conduct committee—Initial decision.

WAC 495B-121-325

(1) At the conclusion of the hearing, the committee chair shall permit the parties to make closing arguments in whatever form, written or verbal, the committee 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 latter of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue a 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 so be identified.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-325, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-325, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-325, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-325, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-130, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-330 Student conduct committee—Review of initial decision.

WAC 495B-121-330

(1) Any party, including a complainant when applicable, may appeal the committee's decision to the president by filing a written 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 initial decision shall be deemed final.

(2) The written appeal must identify the specific findings of fact and/or conclusions of law that are challenged and must contain argument as to 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 provide a written decision to all parties and their attorneys, if any, within 20 calendar days after receipt of the notice of appeal. The president's decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW, Part V.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-330, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-330, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-330, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-330, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-135, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-335 Summary suspension.

WAC 495B-121-335

(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 or their designee 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, 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, their designee, 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 offices who may be bound or protected by it.

(6) In cases involving allegations of sex discrimination, 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 26-14-009, s 495B-121-335, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-335, filed 5/15/25, effective 6/15/25
WSR 25-02-031, s 495B-121-335, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-335, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-140, filed 3/30/16, effective 4/30/16.

Wash. Admin. Code § 495B-121-340 Readmission after dismissal.

A student dismissed due to a code of conduct violation from the college may be readmitted only on written petition to the president. Petitions must indicate reasons that support reconsideration. The president may use whatever review procedures are at the president's disposal in consideration of readmission. The president shall convey a decision in writing to the student within 30 calendar days after completion of the review process.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-02-031, s 495B-121-340, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
RCW 28B.50.130. WSR 21-07-085, § 495B-121-340, filed 3/18/21, effective 4/18/21.

Wash. Admin. Code § 495B-121-345 Review of rules.

WAC 495B-121-345

These rules will be reviewed annually by the student conduct officer. Upon determining a need to revise this code, a review committee shall be convened to make recommendations for change in the code. The ASBTC executive team will be notified of proposed changes.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-345, filed 6/18/26, effective 7/19/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and RCW 28B.50.130. WSR 21-07-085, § 495B-121-345, filed 3/18/21, effective 4/18/21.

Wash. Admin. Code § 495B-121-351 Order of precedence.

WAC 495B-121-351

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with the Bellingham Technical College's standard disciplinary procedures, WAC 495B-121-230 through 495B-121-345, these supplemental procedures shall take precedence. The college may, at its sole discretion, contract with an administrative law judge or other qualified person(s) to act as the conduct review officer, neutral decision maker, or appeal officer who is authorized to exercise any or all duties of those roles.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-351, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-351, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-356 Prohibited conduct under Title IX.

WAC 495B-121-356

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 the 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.

(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, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, 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, chapter 7.105 RCW.

(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 26-14-009, s 495B-121-356, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-356, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-361 Title IX jurisdiction.

WAC 495B-121-361

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

(a) Occurred in the United States;

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

(2) For purposes of this supplemental procedure, an "educational program or activity" includes 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 also 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 student conduct officer or designee 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 495B-121-265.

(4) If the student conduct officer or designee 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 or designee will issue a notice of dismissal in whole or in part to both parties, their respective advisors, and the Title IX coordinator explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-361, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-361, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-366 Initiation of discipline.

WAC 495B-121-366

(1) Upon receiving a final Title IX investigation report from the Title IX investigator or coordinator, the student conduct officer or designee 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 or designee determines that there are sufficient grounds to proceed under these supplemental procedures, the student conduct officer or designee will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the Title IX coordinator and serving the notice on the respondent and the complainant, and their respective advisors. Upon receipt of a written disciplinary notice, the Title IX coordinator or designee will transmit the notice to the assigned decision maker. The notice must:

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

(b) Identify the conduct alleged to constitute sex discrimination under Title IX;

(c) Set forth the facts underlying the allegation(s), including the identities of the parties involved in the incident(s), the date(s), and location(s) of the alleged incident(s), to the extent that information is available;

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

(e) Explain that each party is entitled to be accompanied by an advisor of their choosing during the hearing and that:

(i) The advisors will be responsible for questioning the opposing party and any 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 the party's absence; and

(g) Include a statement that retaliation is prohibited.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-366, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-366, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-371 Prehearing procedure.

WAC 495B-121-371

(1) Upon receiving the written disciplinary notice, the assigned decision maker will send a hearing notice to all parties, in compliance with WAC 495B-121-315(2). In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties, their advisors, and the assigned decision maker. The hearing notice must also inform the parties that:

(a) The respondent is presumed not responsible for the alleged sexual harassment;

(b) The college shall provide a nonattorney advisor to the respondent and any complainant if the respondent or complainant has not otherwise identified an advisor to assist during the hearing;

(d) The parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision maker; and

(e) The student conduct code prohibits knowingly making false statements or knowingly submitting false information during a student conduct proceeding.

(2) Advisors. 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 decision maker with copies provided to each party, their advisors, and the Title IX coordinator. If the respondent and/or complainant is advised by an attorney, the student conduct officer or designee may also be advised by an assistant attorney general.

(3) Evidence. In preparation for the hearing, the parties and their advisors will have equal access to all evidence obtained by the investigator during the investigation that is relevant to the allegations raised in the formal complaint (and not otherwise impermissible), regardless of whether the college intends to offer the evidence at the hearing.

(4) Extensions of time. The decision maker may, upon written request of any party and a showing of good cause, extend the time for disclosure of witness and exhibit lists, accessing and reviewing evidence, or the hearing date. The party requesting an extension must do so no later than 48 hours before any date specified in the notice of hearing or by the decision maker at any prehearing conference. The written request must be served simultaneously by email to all parties and the decision maker. Any party may respond and object to the request for an extension of time no later than 24 hours after service of the request for an extension. The decision maker will serve a written decision upon all parties, to include the reasons for granting or denying any request. That decision shall be final.

In exceptional circumstances, for good cause shown, the decision maker may, in their sole discretion, grant extensions of time that are made less than 48 hours before any deadline.

(5) Confidentiality. The college shall take reasonable steps to prevent the unauthorized disclosure of information obtained by a party solely through the disciplinary process, which may include, but are not limited to, directives by the student conduct officer, their designee, or decision maker issuing directives pertaining to the dissemination, disclosure, or access to evidence outside the context of the disciplinary hearing.

(6) Separate locations. The decision maker may conduct, or upon the request of any party must conduct, the hearing with the parties physically present in separate locations, with technology enabling the committee and parties to simultaneously see and hear the party or the witness while that person is speaking.

(7) Withdrawal of complaint. The complainant may choose to withdraw their formal complaint of alleged sexual harassment at any time during these proceedings. If a complainant wants to voluntarily withdraw a complaint, they must provide notice to the Title IX coordinator in writing before a case can be dismissed.

(a) After a complainant's withdrawal of a complaint, the Title IX coordinator may elect to execute and submit a formal complaint on the complainant's behalf when appropriate and necessary. Factors to be weighed during this determination may include, but are not limited to:

(i) The seriousness of the alleged sexual harassment;

(ii) The age of the complainant;

(iii) Whether the sexual harassment was perpetuated with a weapon;

(iv) Whether the respondent has a history of committing acts of sexual harassment or violence or has been the subject of other sexual harassment or violence complaints or findings;

(v) Whether the respondent threatened to commit additional acts of sexual harassment or violence against the complainant or others; and

(vi) Whether relevant evidence about the alleged incident can be obtained without participation by the complainant (e.g., security cameras, other witnesses, physical evidence).

(b) A complainant's withdrawal of a formal complaint of alleged sexual harassment 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 495B-121-265.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-371, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-371, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-376 Rights of parties.

WAC 495B-121-376

(1) The college's student conduct procedures, WAC 495B-121-230 through 495B-121-345, 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 a nonattorney 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 26-14-009, s 495B-121-376, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-376, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-381 Evidence.

WAC 495B-121-381

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

(1) Relevance: Before a complainant, respondent, or witness answers a cross-examination or other question, the decision maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

(2) 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 harassment; 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. 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 harassment or preclude determination that sexual harassment occurred.

(3) Complainant and respondent may not directly question one another. Questions of all parties and witnesses shall be asked through a party's advisor or the decision maker.

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

(b) The decision maker must not permit questions that are unclear or harassing, but shall give the advisor an opportunity to clarify or revise such a question.

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

(5) Privileged evidence: The decision maker shall exclude and 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 communications and attorney work product privilege;

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-381, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-381, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-386 Initial order.

WAC 495B-121-386

In addition to complying with WAC 495B-121-325, the decision maker will be responsible for 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 of responsibility;

(4) Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX and the student conduct code;

(5) Contains a statement of, and rationale for, the decision maker's determination of responsibility for each allegation;

(6) Proposes disciplinary sanctions or conditions imposed against the respondent, if the decision maker determines the respondent violated the student conduct code. The student conduct officer or designee is responsible for approval and implementation of any proposed disciplinary sanctions and/or conditions, including disciplinary suspension or dismissal, as outlined in WAC 495B-121-275;

(7) Describes to what extent, if any, the complainant is entitled to remedies designed to restore or preserve their equal access to the college's educational programs or activities; and

(8) Describes the process for appealing the initial order.

The decision maker will serve the initial order on the parties and their respective advisors simultaneously. The decision maker shall also promptly transmit a copy of the decision and a record of their proceedings to the Title IX coordinator.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-386, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-386, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-121-391 Appeals.

WAC 495B-121-391

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal the determination of responsibility and/or dismissal, in whole or in part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the Title IX coordinator or designee within 21 calendar days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions in the initial order or notice of dismissal that the appealing party is challenging and must contain arguments as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal, and the initial order or dismissal shall be deemed final. Upon receipt of a written appeal, the Title IX coordinator or designee will identify an appeal officer, who will be responsible for the following procedural steps.

(2) Upon receiving a timely appeal, the appeal officer will serve a copy of the appeal on all nonappealing parties and their respective advisors, who shall have 10 calendar days from the date of service to submit a written response to the appeal officer addressing the 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 appeal officer shall serve copies of the responses to the appealing party.

(3) The appeal party shall have five calendar days from the date of service to submit a written reply addressing issues raised in the responses to the appeal officer.

(4) The appeal officer, 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, propose new disciplinary sanctions and/or conditions. The vice president of student services or designee is responsible for approval and implementation of any proposed amended disciplinary sanctions and/or conditions, including disciplinary suspension or dismissal, as outlined in WAC 495B-121-275.

(5) The appeal officer shall serve the final decision on the parties simultaneously. The appeal officer shall also promptly transmit a copy of the final decision to the Title IX coordinator.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-14-009, s 495B-121-391, filed 6/18/26, effective 7/19/26
WSR 25-11-048, s 495B-121-391, filed 5/15/25, effective 6/15/25.

Chapter 495B-122 Withholding services for outstanding debts.

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

If any person, including any faculty, staff, student, or former student, is indebted to the institution for an outstanding overdue debt, the college need not provide any further services of any kind to such individual including, but not limited to, transmitting files, records, or other services which have been requested by such person. Official transcripts and registration privileges may not be withheld, regardless of debt, except as outlined in RCW 28B.10.293 (3) through (5).

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-122-010, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-122-010, filed 2/10/93, effective 3/13/93.

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

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

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding pursuant to chapter 495B-108 WAC.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-122-020, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-122-020, filed 2/10/93, effective 3/13/93.

Chapter 495B-130 Tuition and fee schedules.

Wash. Admin. Code § 495B-130-010 Location of schedules.

Detailed information and specific amounts to be charged for each category of students can be found on the college website (btc.edu), with information on how to access current tuition rates in the college catalog, and in the following locations on the Bellingham Technical College campus:

(1) The office of admissions;

(2) The registration and records office;

(3) The business office;

(4) Student services office;

(5) Financial aid office.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-130-010, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-130-010, filed 2/10/93, effective 3/13/93.

Chapter 495B-133 Organization.

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

(1) Organization. Bellingham 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:

Bellingham Technical College

3028 Lindbergh Avenue

Bellingham, WA 98225

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following addresses:

1600 C Street

Bellingham, WA 98225

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

Bellingham Technical College

3028 Lindbergh Avenue

Bellingham, WA 98225

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-133-020, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-133-020, filed 2/10/93, effective 3/13/93.

Chapter 495B-134 Designation of rules coordinator.

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

The rules coordinator for Bellingham Technical College as designated by the president is the executive assistant to the president.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-134-010, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-134-010, filed 2/10/93, effective 3/13/93.

Chapter 495B-140 Use of college facilities.

Wash. Admin. Code § 495B-140-005 Definitions.

(1) "Business day" means any day, Monday through Friday (excluding holidays), during which college offices are open.

(2) "College" means Bellingham Technical College.

(3) "College group or individual" means a group or individual that has a formal relationship with the college, such as a recognized employee group, a registered student group or organization, or an individual acting on behalf of the group or organization, as well as an individual who is a currently enrolled student or current employee.

(4) "College property" or "college facilities" means all buildings, structures, grounds, office space, or assets owned or controlled by the college, and the streets, sidewalks, parks, parking lots, and roadways within the boundaries of the property owned or controlled by the college.

(5) "Noncollege group or individual" means a group or individual who does not have a formal relationship with the college including members of the general public. The term also includes members of these groups who are individually affiliated with the college who desire to use college property for personal, private, or noncollege group related activities.

(6) "Nonpublic areas" include, but are not limited to, classrooms, offices, meeting rooms, labs, shops, closets, and other workspaces primarily dedicated to college operations, and other areas designated by the college as a restricted access area to protect safety, security, or confidentiality.

(7) "Public area" refers to spaces on college property that are generally open to the public, such as primary entrance lobbies of buildings, exterior spaces, and lawns.

(8) "Restricted access areas" are locations on college property that are not open to the public and may or may not be marked with signage or other indicators.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-005, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 12-21-061, § 495B-140-005, filed 10/17/12, effective 11/17/12.

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

Bellingham Technical College is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities, and other activities directly related to the educational mission of the college. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. 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. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein, while acknowledging that a state agency is under no obligation to make its public facilities available to the community for private purposes.

For groups and individuals seeking to use college property under rights afforded by the first amendment of the Constitution of the United States and Article I, Sections 4 and 5 of the Washington state Constitution, see chapter 495B-150 WAC for time, place, and manner restrictions.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-010, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 12-21-061, § 495B-140-010, filed 10/17/12, effective 11/17/12. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-010, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-140-020 Limitation of the use of college facilities for 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 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 or related agencies;

(b) Cultural, educational, or recreational activities of the students, employees, or contracted partners;

(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, its departments, associated student body, or contracted partners;

(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 official sponsorship and active participation;

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

(2) College facilities may be assigned to student organizations for regular business meetings, social functions and for programs open to the public. Any college recognized student organization may invite speakers from outside the college community to speak on campus, subject to the availability of facilities and in compliance with college policies and procedures on the use of college facilities and expressive speech. The appearance of an invited speaker on campus does not represent an endorsement by the college, its students, employees, or the board of trustees, implicitly or explicitly, of the speaker's views.

(a) In case of speakers who are candidates for political office, equal opportunities shall be available to opposing candidates if desired by them. Speakers are subject to the normal consideration for law and order and to the specific limitations imposed by the state constitution regarding religious worship, exercise, or instruction on state property.

(b) In order to ensure an atmosphere or open exchange and to ensure that the educational objectives of the college are not obscured, the president, in a case attended by strong emotional feeling, may prescribe conditions for the conduct of the meeting including, but not limited to, the time, the manner, and the place for the conduct of such a meeting. Likewise, the president may require permission for comments and questions from the floor and/or may encourage the appearance of one or more additional speakers at a meeting or at a subsequent meeting so that other points of view may be expressed.

(3) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of requests, of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, individuals or groups within the college community may request use of college facilities. Arrangements by both organizations and individuals must be made through the designated administrative officer as per college policies and procedures.

(4) The college may restrict an individual's or group's use of college facilities if that person or group has, in the past, damaged or destroyed college facilities, or through their own or other associated individual's actions which negatively impacted campus operations. Charges may be imposed for any damage, theft, or for any unusual costs for the use of facilities. The individual, group, or organization requesting space will be required to state in advance the general purpose of any meeting.

(5) College facilities will not be used for any commercial solicitation, advertising or promotional activities, except when such activities clearly serve an educational objective including, but not limited to, the display of books of interest to the academic community or the display or demonstration of technical or research equipment and when such commercial activities relate to educational objectives and are conducted under the sponsorship or at the request of the college or the student association if such solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic. For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 495B-140-045.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-020, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 17-23-113, § 495B-140-020, filed 11/16/17, effective 12/17/17
WSR 12-21-061, § 495B-140-020, filed 10/17/12, effective 11/17/12. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-020, filed 2/10/93, effective 3/13/93.

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

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

The college reserves the right to deny applications for facility use when the administration and/or the board of trustees feel a commercial facility should be patronized. At no time will use of a college facility be granted for a commercial activity at a rental rate or upon terms less than the full and fair rental value of the premises used.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-030, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-030, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-140-035 Additional requirements for noncollege groups.

(1) College buildings and rooms may be rented by noncollege groups or individuals in accordance with the college's facilities use policy. Noncollege groups or individuals may otherwise use the campus' limited public forum area as identified in chapter 495B-150 WAC.

(2) Noncollege group events shall not last longer than five hours from beginning to end and shall fall between the hours of 7:00 a.m. and 10:00 p.m.

(3) The college president or designee is authorized to make exceptions to the policies limiting use in the case of noncollege events and/or activities. The college president or designee may also specify reasonable additional fire, safety, law enforcement, sanitation, cleanup, insurance, and other risk- or impact-mitigating requirements for the use of college facilities, and the group or individual utilizing college facilities must meet those requirements.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-035, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 12-21-061, § 495B-140-035, filed 10/17/12, effective 11/17/12.

Wash. Admin. Code § 495B-140-040 Restrictions on the use of college facilities.

These rules shall apply equally to college and noncollege groups and individuals using college facilities.

(1) Primary consideration shall always be given to activities related to the college's mission. No arrangements shall be made that interfere with, or operate to the detriment of, the college's own teaching, research, or public service programs.

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

(3) Materials may be distributed only in designated areas on the campus where, and at times when, such distribution shall not interfere with the orderly administration of the college's affairs or the free flow of traffic. Any distribution of materials as authorized by the designated administrative officer shall not be construed as support or approval of the content by the college community or board of trustees.

(4) Activities of a political or commercial nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples outside the rooms or facilities to which access has been granted.

(5) Religious groups shall not use college facilities as a permanent meeting place. Use may be intermittent only.

(6) 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 as set forth in its written policies and rules.

(7) Use of sound amplifying equipment such as bullhorns, microphones, or loudspeakers is not permitted. Exceptions may be made by the designated administrative officer in locations and at times that will not interfere with normal college operations.

(8) The college will not provide any utility connections or hook-ups.

(9) The right of peaceful dissent within the college community will be preserved. The college retains the right to take steps to ensure 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 and may result in legal charges by the college against groups or individuals. 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 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 and is not permitted.

Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.

(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 and comply with directions of the designated college administrator, designee, or individual in charge of the function.

(12) If a college facility abuts a public area or street, and if an activity, although on public property, unreasonably interferes with ingress and egress to college property, or creates a disruption for the neighbors bordering the college, the college may choose to impose its own sanctions on any individual on college property who violates this chapter, although remedies might also be available through local law enforcement agencies.

(13) College groups or individuals are asked to obtain authorization from the designated administrator no later than 24 hours in advance of an event. Events shall not last longer than eight hours from beginning to end.

(14) All sites must be cleaned up and left in their original condition after use and may be subject to inspection by a college representative after the event. Reasonable charges may be assessed against a group or individual for the costs of cleaning up the condition of the property beyond reasonable wear and tear or for the repair of damaged property.

(15) The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or visitors to the college. All fire, safety, sanitation, or special regulations specified for the event are to be obeyed.

(16) All activities shall be conducted in accordance with local, state, and federal laws, including college policies.

(17) The college president or designee is authorized to make exceptions to the policies limiting use in the case of college-sponsored events and/or instructional activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-040, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 17-23-113, § 495B-140-040, filed 11/16/17, effective 12/17/17
WSR 12-21-061, § 495B-140-040, filed 10/17/12, effective 11/17/12. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-040, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-140-045 Distribution of materials.

Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups or individuals may distribute materials only as authorized by the college. All postings must first be reviewed by a designated administrative officer as per college policy. Any distribution of materials as authorized by the designated administrative officer shall not be construed as support or approval of the content by the college community or the board of trustees.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-045, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 17-23-113, § 495B-140-045, filed 11/16/17, effective 12/17/17
WSR 12-21-061, § 495B-140-045, filed 10/17/12, effective 11/17/12.

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

The college board hereby delegates authority to the college president to set up administrative policies and procedures for the use of college facilities; to establish, within the framework of these policies, regulations governing such use; and to establish rental schedules where appropriate. The college reserves the right to determine if an infraction of these rules has been committed.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-050, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-050, filed 2/10/93, effective 3/13/93.

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

(1) Individuals who are not students, employees, or contracted partners 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, 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, and subject such persons to arrest under the provisions of chapter 9A.52 RCW.

(2) Members of the college community (students, employees, and contracted partners) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with these rules, chapter 495B-121 WAC, and college policy.

(3) Any person or group who violates or is in violation of a college policy or local, state, or federal law, may have their license or privilege to be on school property revoked and be ordered to withdraw from and refrain from entering upon any college property. Remaining on or reentering college property after one's license or privilege to be on college property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

(4) There shall be no overnight camping on college property. Camping is defined to include sleeping, sleeping in a vehicle, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation. However, the college president or designee is authorized to make exceptions in the case of college-sponsored events and/or instructional activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-060, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 17-23-113, § 495B-140-060, filed 11/16/17, effective 12/17/17
WSR 12-21-061, § 495B-140-060, filed 10/17/12, effective 11/17/12. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-060, filed 2/10/93, effective 3/13/93.

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

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

(2) The use of tobacco is prohibited in accordance with health regulations. 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, except in designated areas in accordance with chapter 70.160 RCW. "Related products" include, but are not limited to, cigarettes, cigars, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, personal vaporizers, vape pens, electronic nicotine delivery systems and snuff.

(3) The use or possession of firearms, explosives (including fireworks), dangerous chemicals or other dangerous weapons or instrumentalities on college property is prohibited. This prohibition does not apply to exceptions outlined in WAC 495B-121-265 (22)(a) through (d).

(4) Malicious damage to or malicious misuse of college property, or the property of any person where such property is located on college property, is prohibited. Destruction of property is also prohibited by state law in reference to public institutions.

(5) Alcoholic beverages may be served only as allowed under college policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-070, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 17-23-113, § 495B-140-070, filed 11/16/17, effective 12/17/17. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-070, filed 2/10/93, effective 3/13/93.

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

Pets are not permitted in campus buildings or on the grounds except guide or service animals as an accommodation for a disability in accordance with state laws, Bellingham municipal codes, and college policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-080, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 17-23-113, § 495B-140-080, filed 11/16/17, effective 12/17/17. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-080, filed 2/10/93, effective 3/13/93.

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

(1) A current fee schedule is available to interested groups or individuals from the administrative services office.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-090, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 12-21-061, § 495B-140-090, filed 10/17/12, effective 11/17/12. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-090, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-140-100 Application for facility use procedures.

(1) At least seven business days prior to date of intended use of any college facility, an authorized representative of the requesting organization must submit proper and complete written application which may be obtained through the college's administrative services office. A single application may be sufficient for a series of meetings by an organization unless those meetings vary significantly in some substantive way.

(2) Upon approval of the application, an authorized representative of the applicant shall sign the rental agreement. By affixing a signature as representing the requesting organization, the signatory specifies they have authority to enter into agreement on behalf of the organization. If the organization fails to pay the amount due, the signatory becomes responsible for all charges, which may include charges incurred through property damage, additional services required by the college, and/or interest payment for overdue accounts, as specified on the rental form but not less than one percent per month.

(3) For large events, events requiring expenditures on the part of the college, or where significant areas are blocked out for the renter, a minimum of up to 50 percent advance deposit may be required at the time of application.

(4) Use of college facilities shall be limited to the facilities specified in the agreement.

(5) The priorities for facility use place primary emphasis on regular college events and activities. The president or designee and the board of trustees 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.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-100, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-100, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-140-105 Posting of a bond and hold harmless statement.

When using college facilities, a group or individual may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with this chapter and college policy.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-105, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.50.130. WSR 12-21-061, § 495B-140-105, filed 10/17/12, effective 11/17/12.

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

(1) Signatories of the rental agreement, as well as adult leaders, are responsible for group conduct and are expected to remain with their group during activities. When the use of special facilities makes it necessary that supervision be provided, the trustees reserve the right to require that a designated administrator represent the college at any activity on college facilities. 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) A college representative will open and lock all rented facilities. Keys to college facilities will not be issued or loaned on any occasion with the exception of keys to designated off-campus locations.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-110, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-140-110, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-140-115 Dances, concerts, carnivals, and fairs.

Street dances, outdoor concerts, carnivals, or fairs may be held at approved locations when sponsored by student government or registered student organizations on days and at times approved by the office delegated oversight responsibility for student government organizations and registered student organizations, following consultation with appropriate college departments and administrators.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-115, filed 5/15/25, effective 6/15/25.

Wash. Admin. Code § 495B-140-120 Parades and other street and road activity.

Permits for parades, street/road runs, marches, or other events on college streets and roads may be obtained upon approval of the college president or designee.

Such events must be scheduled so as not to interfere with major traffic arterials or with college events and activities. For use of city streets on and adjacent to campus, permits must be obtained through the city of Bellingham.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-047, s 495B-140-120, filed 5/15/25, effective 6/15/25.

Chapter 495B-150 First amendment activities.

Wash. Admin. Code § 495B-150-005 Definitions.

(1) "Business day" means any day, Monday through Friday (excluding holidays), during which college offices are open.

(2) "College" means Bellingham Technical College.

(4) "College property" or "college facilities" means all buildings, structures, grounds, office spaces, or assets owned or controlled by the college, and the streets, sidewalks, parks, parking lots, and roadways within the boundaries of the property owned or controlled by the college.

(5) "First amendment activities" refers to any activity protected by the first amendment to the Constitution of the United States. Such first amendment activities may include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, noncontracted appearances of speakers, protests, meetings to display group feelings or sentiments, and other types of constitutionally protected assemblies to share information, perspective, or viewpoints. The following types of expressions are not permitted herein and are not protected by the first amendment:

(a) Obscene material, as defined by state and federal law;

(b) Defamation or libelous material, as defined by state law;

(d) Fighting words, as defined by federal law; and

(e) Speech or conduct that causes a material and substantial disruption of college activities.

(6) "Freedom of expression and assembly" means any activity protected by the first amendment to the Constitution of the United States and Article I, Sections 4 and 5 of the Washington state Constitution. It is the right of any member of the college community to express any point of view and to be free from harassment in such expression. It is the responsibility of those expressing opinions to respect the rights and property of others, to refrain from disrupting the normal operations of the college and to maintain lawful conduct. The right of free speech and expression does not include any activity that may endanger the safety of any member of the college community or visitors, or damage any of the facilities. Moreover, modes of expression (including electronic transmissions) that are unlawful or indecent or that are grossly offensive on matters such as race, color, national and ethnic origin, religion, sexual orientation, gender, age, disability, or veteran status are inconsistent with accepted norms of conduct of the college and are subject to the sanctions described in the student conduct code (chapter 495B-121 WAC) and college disciplinary policies and procedures.

(7) "Limited public forum areas" means areas of campus that the college has chosen to be available as spaces for freedom of expression and peaceable assembly as protected by the Constitution of the United States and the Washington state Constitution, subject to reasonable time, place, and manner restrictions as specified in WAC 495B-150-025. Limited public forum areas do not include:

(a) Classrooms or academic buildings utilized for scheduled educational programming with the exception that nothing herein shall be read to interfere between or with the academic freedom of the instructor and enrolled students to engage in educational programs;

(b) Reservable or scheduled property subject to the provisions herein;

(d) Lavatory or maintenance facilities;

(e) Roadways or sidewalks necessary to permit the free flow of pedestrian, vehicular, emergency responder, or maintenance traffic; or

(f) Any other college property, on a case-by-case basis, where the reasonable application of time, place, and manner restrictions render the location inappropriate for expressive activities.

(8) "Noncollege group or individual" means a group or individual who do not have a formal relationship with the college including members of the general public. The term also includes members of these groups who are individually affiliated with the college who desire to use college property for personal, private, or noncollege group related activities.

(9) "Nonpublic areas" include, but are not limited to, classrooms, offices, meeting rooms, labs, shops, closets, and other workspaces primarily dedicated to college operations, and other areas designated by the college as a restricted access are to protect safety, security, or confidentiality.

(10) "Public area" refers to spaces on college property that are generally open to the public, such as primary entrance lobbies of buildings, exterior spaces, and lawns.

(11) "Restricted access areas" are locations on college property that are not open to the public and may or may not be marked with signage or other indicators.

(12) "Time, place, and manner" means reasonable limitations on the exercise of expressive rights that are neutral as to the content of expression and leave open alternative channels of expression.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-005, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-010 First amendment activities.

As a public institution of higher education in the state of Washington, Bellingham Technical College recognizes and supports that freedom of expression and assembly are an indispensable quality of college life, and that active participation in political and social expression both enhances the education of the individual and contributes to the betterment of society. The college is committed to respecting and upholding the rights afforded by the first amendment of Constitution of the United States, including the right to free speech, petition, and to peaceably assemble, and that no act shall be undertaken by the college to abridge that freedom.

The college further recognizes that it has the obligation to maintain an atmosphere that allows it to carry out its broad missions of teaching, research, and public service in the course of normal operations of the college. As such, the college's property and facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities, and activities directly related to the educational mission of the college. The public character of the college does not grant individuals or groups the right to substantially interfere with, or otherwise disrupt, the normal activities for and to which the college's facilities and property are dedicated by the state of Washington.

To achieve the objectives herein, it is essential that free expression be accomplished in a manner that allows for the orderly function of normal college operations. Thus, the time, place, and manner regulations set forth in this policy establish procedures and reasonable controls for the use of college property. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly, or expression.

For general guidelines on the use of college facilities, see chapter 495B-140 WAC.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-010, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-015 Equal application.

The rights herein exist in equal measure for each member of the college community and noncollege groups and individuals. They exist regardless of the professional stature or rank of the individual and regardless of the degree of acceptability among others of the views or opinions advocated. Each individual has the obligation to respect the rights of all members of the college community and noncollege groups and individuals.

College and noncollege groups and individuals may use the college's limited public forum area for those activities protected by the first amendment to the Constitution of the United States, subject to the requirements set forth herein.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-015, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-020 Prohibited conduct.

(1) To achieve the objectives herein it is essential that freedom of expression and assembly be orderly and conducted in a time, place, and manner that allows for the orderly function of the college. As such, people using college property must comply with all federal, state, and local laws and applicable college policies, procedures, rules, and regulations. This includes prohibited conduct outlined in WAC 495B-121-265 as it applies to students, guests, and visitors (WAC 495B-121-240(4)). The following types of conduct are also hereby prohibited on or within property either owned, controlled, or operated by the college:

(a) Activities must not substantially and materially infringe on the rights and privileges of college employees, students, or college-affiliated groups;

(b) Use of sound amplification devices such as bullhorns, microphones, or loudspeakers is not permitted. Exceptions may be made by the designated administration officer in locations and at times that will not interfere with normal college operations;

(d) College property may not be used in furtherance of or in connection with illegal activity;

(e) No animals are permitted on college property except guide or service animals;

(f) No person may camp on college property, except for attendees of special events designed by the college.

(i) "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purposes of or in such ways as will permit remaining overnight.

(ii) This does not include employees who are required to work overnight.

(2) Any person persisting in such conduct after being requested to cease by college authorities shall be subject to disciplinary proceedings, trespass, or arrest and prosecution, as appropriate.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-020, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-025 Limitations on use of public forum area.

The use of the limited public forum area is subject to the following limitations:

(1) Location. The college has designated the McKeown Courtyard between G Building and Desmond McArdle Center as the sole limited public forum area for first amendment activities.

Noncollege groups and individuals may not use the interior of any college facility except as permitted under chapter 495B-140 WAC.

(2) Duration of events. Subject to the regulations and requirements herein, chapter 495B-140 WAC, and college policy, both college and noncollege groups and individuals may use the limited public forum area for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m. throughout the year except during the following days of the year:

(a) The first week and the final exam week of each term;

(b) Kickoff and convocation weeks, (the two weeks immediately preceding each quarter); and

(3) Provide notice. College and noncollege groups or individuals who desire to use college property or a limited public forum area on a temporary basis for freedom of expression or assembly must adhere to applicable policies and laws and are requested to provide notice to the vice president of administrative services' office as outlined in WAC 495B-150-030.

(4) Distribution of materials. Signs and posters and visual displays must be placed only at locations authorized under, and in accordance with, WAC 495B-140-040 and college policy. Handbills, leaflets, pamphlets, flyers, and similar materials may be distributed only in relation to college sanctioned activities or for purposes of freedom of expression.

(a) Materials may not be distributed in a manner that results in littering or requires college resources for disposal.

(b) If groups or individuals intend to set up free-standing objects on college property, notice must be given as directed in WAC 495B-150-030 and in accordance with chapter 495B-140 WAC.

(5) The group or individual utilizing the limited public forum area must return all college property to its original condition after use and may be subject to inspection by a college representative after the activity. Reasonable charges may be assessed against a group or individual for the costs of cleaning up the condition of the property beyond reasonable wear and tear or for the repair of damaged property.

(6) The college president or designee may specify reasonable additional fire, safety, law enforcement, sanitation, cleanup, insurance, and other risk- or impact-mitigating requirements for the use of the limited public forum area, and the group or individual utilizing the limited public forum area must meet those requirements.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-025, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-030 Providing notice of use.

(1) The group or individual desiring to use the limited public forum area to engage in first amendment activities is requested to provide notice of the intended use to the vice president of administrative services' office.

(a) Protecting impromptu and spontaneous peaceable assembly for the purposes of expression, protest, and dissent is essential to fulfilling the college's commitment to freedom of expression and assembly. Thus, the lack of notice to use college property by a college group or individual is not necessarily a sole basis for terminating any expressive activity, including impromptu activities, unless the activity conflicts with a previously scheduled event in the same location, disrupts normal college operations, or is in violation of law and/or college policy.

(b) College groups or individuals shall provide notice not less than 24 hours prior to use. However, use may be permitted with less notice so long as the use does not interfere with any other functions or college operations.

(c) Noncollege groups or individuals shall provide notice not less than five business days prior to use. However, use may be permitted with less notice so long as the use does not interfere with any other functions or college operations.

(2) The notice must contain:

(a) The contact information for the group or individual that will conduct the event, including group name, contact person's name, address, email address, and telephone number;

(b) The date and time for the use of the limited public forum area for first amendment activities;

(d) The estimated number of people expected to attend the first amendment activities, both as participants and spectators.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-030, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-035 Restrictions on use of college property.

(1) Use of college property for first amendment activities by college and noncollege groups and individuals is subject to the requirements and limitations set forth herein and in WAC 495B-121-335.

(2) The president or the president's designee may apply time, place, and manner exceptions to limit, relocate, reschedule, terminate, cancel, or prohibit the use of college property for first amendment activities if they determine, after reasonable inquiry, that such action is reasonably necessary to prevent or stop:

(a) Harm or threat of harm to the safety of persons;

(b) Damage to property; or

(3) Any determination made under subsections (1) and (2) of this section are to be made without consideration of the content or message of the first amendment activities.

(4) Exception – Open public meetings. Nothing in these rules is intended to interfere with public participation in meetings of the college's governing board or associated student body that are required to be open to the public under the Open Public Meetings Act, chapter 42.30 RCW.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-035, filed 6/18/25, effective 7/19/25.

Wash. Admin. Code § 495B-150-040 Trespass.

The use of college property for freedom of expression and assembly must comply with all requirements and limitations set forth herein. Groups or individuals who violate these regulations will be advised of the specific nature of violation, and, if they persist in the violation, may be directed to leave college property by a college administrator as per WAC 495B-140-060. Members of the college community (students, employees, and contracted partners) who do not comply with regulations outlined in this section and WAC 495B-140-060 will be reported to the appropriate college office or agency for action in accordance with WAC 495B-140-060(2), chapter 495B-121 WAC, and college policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-110, s 495B-150-040, filed 6/18/25, effective 7/19/25.

Chapter 495B-168 Use of library—Fines.

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

WAC 495B-168-010 through 495B-168-060 will be known as the library-media center code of Bellingham Technical College.

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-168-010, filed 2/10/93, effective 3/13/93.

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

Materials from the college library 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 materials, and other individuals who show a particular need for specialized items in the library collections which are not available elsewhere;

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-049, s 495B-168-020, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-168-020, filed 2/10/93, effective 3/13/93.

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

In cases where damage or loss of library material occurs, the patron will be assessed the replacement cost and processing fees. When materials are not returned, or fines not paid, holds are placed on the borrowing privileges of those involved. When expensive or valuable items are involved and reasonable attempts to advise and notify the debtor have been made, outstanding fines and fees may be assigned to a collection agency (RCW 19.16.500).

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-049, s 495B-168-030, filed 5/15/25, effective 6/15/25
WSR 25-02-034, s 495B-168-030, filed 12/19/24, effective 1/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-168-030, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-168-040 Library information.

Detailed information governing the operation of the library and the rules for loaning books, other print materials, and nonprint materials is located on Bellingham Technical College's website.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-049, s 495B-168-040, filed 5/15/25, effective 6/15/25
WSR 25-02-034, s 495B-168-040, filed 12/19/24, effective 1/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-168-040, filed 2/10/93, effective 3/13/93.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-11-049, s 495B-168-050, filed 5/15/25, effective 6/15/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-168-050, filed 2/10/93, effective 3/13/93.

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-168-060, filed 2/10/93, effective 3/13/93.

Chapter 495B-276 Access to public records.

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

The purpose of this chapter is to ensure that Bellingham Technical College complies with the provisions of chapter 42.56 RCW and in particular with those sections of that chapter dealing with public records.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-010, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-010, filed 2/10/93, effective 3/13/93.

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

(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics. "Writing," which is broadly defined in RCW 42.56.010(4) to include any recording of any communication, image, or sound. A writing includes not only conventional documents, but also videos, photos, and electronic records including emails and computer data.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. An email, text, social media posting and database are therefore also "writings."

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-020, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-020, filed 2/10/93, effective 3/13/93.

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

All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW or other statutes.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-050, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-050, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 public records officer shall be responsible for the following: Implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter 42.56 RCW.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-060, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-060, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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. The agency and requestor can make mutually agreeable arrangements for the times of inspection and copying.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-070, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-070, filed 2/10/93, effective 3/13/93.

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

In accordance with the requirements of RCW 42.56.100 that agencies protect public records from damage or disorganization, and to prevent excessive interference with other 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) There is no form required for a public records request. A request can be provided verbally or a request form provided by the district is available online at the BTC website or at the district administrative office. The request shall be presented to the public records officer during customary office hours. The request should include the following information so that the district is able to appropriately respond to the request:

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

(b) The nature of the request;

(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.

(2) A verification that the records requested shall not be used to compile a commercial sales list may be required at the discretion of the district.

(3) 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(13). WSR 25-13-111, s 495B-276-080, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-080, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-276-090 Charges for public records.

(1) Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records.

(2) Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b).

(3) The district may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor.

(4) The district may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

All charges must be paid by money order, cashier's check, or cash in advance.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-090, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.50.130 and 2017 c 304. WSR 17-23-112, § 495B-276-090, filed 11/16/17, effective 12/17/17. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-090, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 495B-276-080 is subject to certain exemptions pursuant to the provisions set forth in chapter 42.56 RCW or other statute. Such determination may be made in consultation with the public records officer, president of the college district, or an assistant attorney general assigned to the district.

(2) Pursuant to RCW 42.56.070, the district reserves the right to redact or delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy, provided, however, in each case, the justification for the redaction or deletion shall be explained fully in writing.

(3) Response to requests for a public record must be made promptly and in accordance with RCW 42.56.520.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-100, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-100, filed 2/10/93, effective 3/13/93.

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

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

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

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

(4) 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 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in chapter 42.56 RCW or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-110, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-110, filed 2/10/93, effective 3/13/93.

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

Requests for public records shall be made online at the BTC website or at the administrative office of the district in Bellingham, Washington. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 495B-276-090.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-13-111, s 495B-276-120, filed 6/18/25, effective 7/19/25. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-120, filed 2/10/93, effective 3/13/93.

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

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-276-130, filed 2/10/93, effective 3/13/93.

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

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

Bellingham Technical College implements 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, Bellingham 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.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-010, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 Bellingham Technical College and for whom the college maintains education records.

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

(a) Records pertaining to admission, advisement, registration, grading, and progress toward a degree or certificate 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, major field of study, dates of attendance, degree or certificate earned, term degree or certificate awarded, or honors. Directory information may be disclosed at the discretion of the college and without the consent of the student unless they elect to prevent disclosure as provided for in WAC 495B-280-070.

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

(a) Signed by the student, or the legal custodian of the student if the student is a minor;

(b) Dated;

(d) Which specifies to whom disclosure is authorized.

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

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-280-015, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-015, filed 2/10/93, effective 3/13/93.

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

Bellingham Technical College will notify students of their rights under the Family Educational Rights and Privacy Act of 1974 by publication in the college catalog and to new students during the registration process. The college shall make available upon request a copy of the policy 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.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-020, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 495B-280-110.

(2) Students must submit to the appropriate college official a written request which identifies as precisely as possible the record or records they wish 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 45 days or less from the receipt of the request.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-280-030, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-030, filed 2/10/93, effective 3/13/93.

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

(1) Disclosure of education records. In addition to "directory information" the college may, at its discretion, make disclosures from education records of students to the following listed parties:

(a) College officials including college administrative and clerical staff, faculty, and students officially elected or appointed to the associated students of Bellingham Technical College or employed by the college. Access or release of records to the above is permissible only 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 for which the student has applied or received;

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

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

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

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

(2) The college shall not permit access to or the 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. The college is not precluded from permitting third party disclosure to other parties listed in (a) through (h) of this subsection.

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-040, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 records which relate to them.

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

(a) The financial statement of the student's parents or legal custodian;

(b) Letters and statements of recommendation for which the student has waived their right of access, or which were placed in file before January 1, 1975;

(d) Those records which are excluded from the Federal Rights and Privacy Act definition of education records.

(3) Bellingham 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: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-280-050, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-050, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 in WAC 495B-280-050.

(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 received personally-identifiable information;

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

(c) The names and interests of additional parties to which the reviewing educational agency or institution 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.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-060, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 elects to prevent disclosure by filing a written request with the registrar to prevent disclosure. The request continues in effect according to its terms unless revoked in writing by the student.

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-070, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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 their education record to the appropriate college official responsible for the custody of the record as designated in WAC 495B-280-110. The request must identify the part of the record they want changed and specify why the record is believed to be inaccurate, misleading or in violation of their privacy or other rights.

(2) A student whose request for amendment of their education record has been denied may request a hearing by submitting a written request to the vice president of student services within 10 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 of student services or designee shall notify the student of the hearing within 30 days after receipt of a properly filed request. In no case will the notification be less than 10 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 and 34.05.485 through 34.05.494 and shall be conducted by the student services or other appropriate committee (the chair of the committee shall be an official of the college who does not have a direct interest in the outcome of the hearing). At the hearing, the student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records. The student may be assisted by one or more individuals, including an attorney.

(4) The student services or other appropriate committee will prepare a written decision, within 30 days after the conclusion of the hearing, based solely on the evidence presented at the hearing. The rules of evidence need not be applied at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision. A copy of the decision shall be made available to the student.

(5) If the student services or other appropriate committee decides the information is inaccurate, misleading, or in violation of the student's right of privacy, the custodian of the record will amend the record and notify the student, in writing, that the record has been amended.

(6) If the student services or other appropriate committee decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, the committee 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: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-280-080, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-080, filed 2/10/93, effective 3/13/93.

Wash. Admin. Code § 495B-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.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-090, filed 2/10/93, effective 3/13/93.

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

A student may waive any of their 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 writing which is signed and dated.

History

Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 23-22-011, § 495B-280-100, filed 10/19/23, effective 11/19/23. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-100, filed 2/10/93, effective 3/13/93.

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

Types	Location	Custodian
Admission Records,	Admission Office	Registrar
Cumulative Academic
Records, Testing
Records, Registration
and Payment of
Tuition Records
Student Government	Dean of Students	Faculty Advisor
Participation Records
Financial Aid	Financial Aid Office	Financial Aid
Manager
Records, Student
Employment Records

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-110, filed 2/10/93, effective 3/13/93.

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

A student may file a written complaint with the U.S. Department of Education regarding an alleged violation of the Federal Education Rights and Privacy Act. The address is:

Family Policy and Regulations Office

U.S. Department of Education

Washington, D.C. 20202

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-280-120, filed 2/10/93, effective 3/13/93.

Chapter 495B-325 State Environmental Policy Act rules.

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

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

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

History

Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. WSR 93-05-018, § 495B-325-010, filed 2/10/93, effective 3/13/93.