reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-060 - Brief adjudicative proceedings-Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial decision is subject to review
			 by the president or designee, provided a party files a written request for
			 review with the conduct review officer within ten days of service of the
			 initial decision.
(2) The president
			 or designee shall not participate in any case in which they are a complainant
			 or witness; has direct or personal interest, prejudice, or bias; or has acted
			 previously in an advisory capacity.
(3) During the review, the president or
			 designee shall give each party an opportunity to file written responses
			 explaining their view of the matter and shall make any inquiries necessary to
			 ascertain whether the sanctions should be modified or whether the proceedings
			 should be referred to the student conduct committee for a formal adjudicative
			 hearing.
(4) The decision on review
			 must be in writing and must include a brief statement of the reasons for the
			 decision. The decision must be served on the parties within twenty days of the
			 initial decision or of the request for review, whichever is later. The decision
			 on review will contain a notice that judicial review may be available. A
			 request for review may be deemed to have been denied if the president or
			 designee does not make a disposition of the matter within twenty instructional
			 days after the request is submitted.
(5) If, upon review, the president or
			 designee determines that the respondent's conduct may warrant disciplinary
			 suspension of more than ten business days or expulsion, the matter shall be
			 referred to the student conduct committee for a disciplinary hearing.
(6) In cases involving sexual misconduct, the
			 president will, on the same date as the final decision is served to the
			 respondent, serve a written notice to the complainant informing the complainant
			 whether the allegations of sexual misconduct were found to have merit and
			 describing any disciplinary sanctions and/or conditions imposed upon the
			 respondent for the complainant's protection, including suspension or dismissal
			 of the respondent. The notice will also inform the complainant of their appeal
			 rights.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-070 - Student conduct committee structure

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct committee shall
			 consist of five members appointed each year:
(a) Two full-time students appointed by the
			 student government;
(b) Two faculty
			 members appointed by the faculty union;
(c) One administrative staff member (other
			 than an administrator serving as a student conduct or conduct review officer)
			 appointed by the president or designee.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-075 - Appeal-Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(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
			 business days in advance of the hearing date. The chair may shorten this notice
			 period if both parties agree, and may continue the hearing to a later time for
			 good cause shown.
(3) The committee
			 chair is authorized to conduct pre-hearing conferences and/or to make
			 prehearing decisions concerning the extent and form of any discovery, issuance
			 of protective decisions, and similar procedural matters.
(4) Any involved party, including the
			 committee chair, may submit a request to submit and exchange lists of potential
			 witnesses and copies of potential exhibits that reasonably expect to be
			 presented to the committee. This request must be submitted to the committee
			 chair at least five business days prior to the hearing. The parties shall
			 exchange the items no later than the third business day prior to the hearing.
			 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 hearings 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.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-080 - Student conduct committee hearings-Presentations of evidence

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-085 - Student conduct committee- Initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) At the conclusion of the hearing, the
			 student conduct committee shall permit the parties to make closing arguments in
			 whatever form it wishes to receive them. The committee also may permit each
			 party to propose findings, conclusion, and/or a proposed decision for its
			 consideration.
(2) Within twenty
			 business days following the later of the conclusion of the hearing or the
			 committee's receipt of closing arguments, the committee shall issue an initial
			 decision in accordance with
			 RCW
			   34.05.461 and WAC
			 10-08-210.
			 The initial decision shall include findings on all material issues of fact and
			 conclusion on all material issues of law. The decision shall state the related
			 section(s) of the conduct code the respondent is alleged to have violated and
			 if the allegations are sustained. Any findings based substantially on the
			 credibility of evidence or the demeanor of witnesses shall be so
			 identified.
(3) The committee's
			 initial order shall also include a determination on appropriate discipline, if
			 any. If the matter was referred to the committee by the student conduct
			 officer, the committee shall identify and impose disciplinary sanction(s) or
			 conditions, if any, as authorized in the student code. If the matter is an
			 appeal by the respondent, the committee may affirm, reverse, or modify the
			 disciplinary sanction and/or conditions imposed by the student conduct officer
			 and/or impose additional disciplinary sanction(s) or conditions as authorized
			 herein.
(4) The committee chair
			 shall cause copies of the initial decision to be served on the parties and
			 their legal counsel of record. The committee chair shall also promptly transmit
			 a copy of the decision and the record of the committee's proceedings to the
			 president or designee.
(5) In cases
			 involving allegations of sexual misconduct, the chair of the student conduct
			 committee, on the same date as the initial decision is served on the
			 respondent, will serve a written notice upon the complainant informing the
			 complainant whether the allegations of sexual misconduct were found to have
			 merit and describing any disciplinary sanctions and/or conditions imposed upon
			 the respondent for the complainant's protection, including suspension or
			 dismissal of the respondent. A complainant may appeal the student conduct
			 committee's initial decision to the president subject to the same procedures
			 and deadlines applicable to other parties. The notice will also inform the
			 complainant of their appeal rights.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-090 - Appeal from student conduct committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent, or complainant in a case
			 involving allegations of sexual misconduct, who is aggrieved by the findings or
			 conclusions issued by the student conduct committee may appeal the student
			 conduct committee's initial decision to the president or designee by filing a
			 written notice of appeal with the president's office within ten days of service
			 of the committee's initial decision. Failure to file a timely appeal
			 constitutes a waiver of the right and the initial decision shall be deemed
			 final.
(2) The president or
			 designee shall not participate in any case in which the president or designee
			 is a complainant or witness; has direct or personal interest, prejudice, or
			 bias has or has acted previously in an advisory capacity.
(3) The notice of appeal must identify the
			 specific findings of fact and/or conclusions of law in the initial decision
			 that are challenged and must contain argument why the appeal should be granted.
			 If necessary to aid review, the president or designee's may ask for additional
			 briefing from the parties on issues raised on appeal. The review shall be
			 restricted to the hearing record made before the student conduct committee and
			 will normally be limited to a review of those issues and arguments raised in
			 the notice of appeal.
(4) The
			 president or designee shall provide a written decision to all parties within
			 twenty days after receipt of the notice of appeal. The president or designee's
			 decision shall be final and shall include a notice of any rights to request
			 reconsideration and/or judicial review.
(5) In cases involving allegations of sexual
			 misconduct, the president, on the same date that the final decision is served
			 upon the respondent, shall serve a written notice informing the complainant of
			 the final decision. This notice shall inform the complainant whether the sexual
			 misconduct allegation was found to have merit and describe any disciplinary
			 sanctions and/or conditions imposed upon the respondent for the complainant's
			 protection, including suspension or dismissal of the respondent.
(6) The president or designee shall not
			 engage in an ex parte communication with any of the parties regarding any
			 appeal.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-095 - Summary suspension

Current through Register Vol. 24-14, July 15, 2024
(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 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
(c) Poses an ongoing
			 threat of substantial disruption of, or interference with, the operations of
			 the college.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-010 - Use of college facilities

Current through Register Vol. 24-14, July 15, 2024
Community College District No. 21 serves Whatcom County by
				providing continued educational opportunity for its citizens. In keeping with
				this general purpose, the college believes that facilities should be available
				for a variety of uses which are of benefit to the general public, provided;
				that such general uses do not interfere with the educational mission of the
				college. However, a state agency is under no obligation to make its public
				facilities available to the community for private purposes.
Statutory Authority:
				  RCW
				    28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-140-010, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "College
			 groups" shall mean individuals or groups who are currently enrolled students or
			 current employees of the college, or guests of the college, who are sponsored
			 by a recognized student organization, employee organization, or the
			 administration of the college.
(2)
			 "College facilities" includes all buildings, structures, grounds, office space,
			 and parking lots.
(3) "Public use
			 areas" means those areas of each campus that the college has chosen to open as
			 places where nongroups may assemble for expressive activity protected by the
			 First Amendment, subject to reasonable time, place or manner
			 restrictions.
(4) "Expressive
			 activity" includes, but is not necessarily limited to, informational picketing,
			 petition circulation, the distribution of informational leaflets or pamphlets,
			 speech-making, demonstrations, rallies, appearances of speakers in outdoor
			 areas, protests, meetings to display group feelings or sentiments, and/or other
			 types of assemblies to share information, perspective or viewpoints.
(5) "Noncollege groups" shall mean
			 individuals, or combinations of individuals, who are not currently enrolled
			 students or current employees of the college and who are not officially
			 affiliated or associated with, or invited guests of, a recognized student
			 organization, recognized employee group, or the administration of the
			 college.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-025 - Statement of purpose

Current through Register Vol. 24-14, July 15, 2024
Whatcom Community College district 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 public character of the college does not grant to
				individuals an unlimited license to engage in activity, which limits,
				interferes with, or otherwise disrupts the normal activities to which the
				college's facilities and grounds are dedicated. Accordingly, the college
				designates the common areas of the college as a limited public forum dedicated
				to the use of college groups, subject to the time, place, and manner
				limitations and restrictions set forth in this policy.
The purpose of the time, place and manner regulations set forth
				in this policy is to establish procedures and reasonable controls for the use
				of college facilities. 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 seeking to assemble in common areas of the
				campus for expressive activity. 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. The college has designated certain
				facilities as public use areas open to noncollege groups as set forth
				herein.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-030 - Statement of intentions

Current through Register Vol. 24-14, July 15, 2024
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 hopes to work
				cooperatively with local private enterprise to the mutual benefit of all
				concerned.
Statutory Authority:
				  RCW
				    28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-140-030, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-035 - Priority use of facilities for college activities

Current through Register Vol. 24-14, July 15, 2024
When allocating use of college facilities, top priority shall
				be given to activities specifically related to the college's mission. No
				arrangements shall be made that may interfere with, or operate to the detriment
				of, the college's own teaching, research, rental, or public service programs.
				In particular, the college buildings, properties, and facilities shall be used
				primarily for:
(1) Regularly
			 established teaching, research, or public service activities of the college and
			 its departments.
(2) Cultural,
			 educational, or recreational activities of the students, faculty, or
			 staff.
(3) Short courses,
			 conferences, seminars, or similar events conducted either in the public service
			 or for the advancement of specific departmental professional interests, when
			 arranged under the sponsorship of the college or its departments.
(4) Public events of a cultural or
			 professional nature brought to the campus at the request of college departments
			 or committees and presented with their active sponsorship and active
			 participation.
(5) Public events,
			 activities, or programs sponsored by the college and educational institutions,
			 state or federal agencies, charitable agencies or civic or community
			 organizations whose activities are of widespread public service and of a
			 character appropriate to the college.
(6) College facilities shall be assigned to
			 student organizations for regular business meetings, social functions and for
			 programs open to the public. Any recognized campus student organization may
			 invite speakers from outside the college community. In conformance with state
			 guidelines, the appearance of an invited speaker on campus does not represent
			 an endorsement by the college, its students, faculty, administration, or the
			 board of trustees, whether implicit or explicit, of the speaker's
			 views.
(7) The college may restrict
			 an individual or group's use of college facilities if that person or group has,
			 in the past, physically abused college facilities. Charges may be imposed for
			 rental, damage, or for any other 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. If any charge or collection of
			 funds is contemplated, advance permission from the party giving authority for
			 space allocations will be required.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-040 - General policies limiting use

Current through Register Vol. 24-14, July 15, 2024
(1) Specific conditions shall be imposed to
			 regulate the timeliness of requests, to determine the appropriateness of space
			 assigned, time of use, and to ensure the proper maintenance of the facilities.
			 All requests for facilities use must be made through the designated
			 administrative officer(s). Allocation of space shall be made in accordance with
			 college regulations and on the basis of time, space, manner, and priority of
			 the request. The college designates public use areas for college and noncollege
			 groups for expressive activity on campus. The specific locations of these
			 public use areas are identified on a campus map located on the college web
			 site.
(2) Individuals and groups
			 should notify the designated campus department no later than twenty-four hours
			 in advance of an event. However, unscheduled events are permitted so long as
			 the event does not materially disrupt any other function occurring at the
			 facility.
(3) 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.
Approved student-sponsored activities of a political or
				commercial nature shall not permit promotional signs or posters on building,
				trees, walls, bulletin boards, or the distribution of samples outside the rooms
				or facilities to which access has been granted.
(4) Religious groups, not meeting as part of
			 a recognized student club activity, shall not use the college facilities as a
			 permanent meeting place. Use shall be intermittent only.
(5) 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
			 commitments.
(6) No person or group
			 may use or enter onto college facilities having in their possession firearms,
			 even if licensed to do so, except commissioned police officers as prescribed by
			 law.
(7) College facilities may not
			 be used for commercial sales, solicitations, advertising or promotional
			 activities, unless:
(a) Such activities serve
			 educational purposes of the college;
(b) Such activities are under the sponsorship
			 of a college department or office or officially chartered student
			 club.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-045 - Distribution of materials

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Handbills, leaflets, and similar materials, except those which are commercial,
			 obscene, libelous, or advocate or incite imminent unlawful conduct, 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 affairs or the free flow of traffic. Any distribution of materials as
			 authorized by the designated administrative officer and regulated by
			 established guidelines shall not be construed as support or approval of the
			 content by the college community or the board of trustees.
(2) 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.
(3) Noncollege groups may distribute
			 materials only at the site designated for noncollege groups. The sponsoring
			 organization is encouraged, but not required to include its name and address on
			 the distributed information.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-050 - Administrative control

Current through Register Vol. 24-14, July 15, 2024
The board hereby delegates to the president or his or her
				designee(s), authority to set up administrative procedures for proper review of
				the use of college facilities; to establish, within the framework of these
				policies, regulations governing such use; and to establish rental schedules
				where appropriate.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-140-050, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-055 - Additional requirements for noncollege groups

Current through Register Vol. 24-14, July 15, 2024
(1) College buildings, rooms, and athletic
			 fields may be rented by noncollege groups in accordance with the college's
			 facilities use policy. When renting college buildings or athletic fields, an
			 individual or organization may be required to post a bond and/or obtain
			 insurance to protect the college against cost or other liability in accordance
			 with the college's facility use policy. When the college grants permission to
			 use its facilities it is with the express understanding and condition that the
			 individual or organization assumes full responsibility for any loss or damage.
			 Noncollege groups may otherwise use college facilities for expressive activity
			 as identified in this policy.
(2)
			 The college designates the following area(s) as the sole limited public forum
			 area(s) for use by noncollege groups for expressive activity on campus are
			 located on a campus map on the college web site. The public use areas may be
			 scheduled. Scheduled groups have priority of use over unscheduled
			 groups.
(3) Noncollege groups that
			 seek to engage in expressive activity on the designated public use area(s)
			 shall provide notice to the designated campus office no later than twenty-four
			 hours prior to the event along with the following information solely to ensure:
(a) The area is not otherwise scheduled;
			 and
(b) To give the college an
			 opportunity to assess any security needs:
(i)
			 The name, address and telephone number of a contact person for the individual,
			 group, entity or organization sponsoring the event;
(ii) The date, time and requested location of
			 the event;
(iii) The nature and
			 purpose of the event;
(iv) The
			 estimated number of people expected to participate in the event; and
(v) The type of sound amplification devices
			 to be used in connection with the event, if any.
When using college buildings or athletic fields, an individual
				or organization may be required to post a bond and/or obtain insurance to
				protect the college against cost or other liability in accordance with the
				college's facility use policy.
When the college grants permission to use its facilities it is
				with the express understanding and condition that the individual or
				organization assumes full responsibility for any loss or
				damage.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-060 - Trespass

Current through Register Vol. 24-14, July 15, 2024
(1) Noncollege
			 groups who violate these regulations will be advised of the specific nature of
			 the violation, and if they persist in the violation, will be requested by the
			 campus president or designee to leave the college property. Such a request will
			 be deemed to withdraw the license or privilege to enter onto or remain upon any
			 portion of the college facilities of the person or group of persons requested
			 to leave, and subject such individuals to arrest under the provisions of
			 chapter 9A.52 RCW or municipal ordinance.
(2) Members of the college community
			 (students, faculty, and staff) who do not comply with these regulations will be
			 reported to the appropriate college office or agency for action in accord with
			 established college policies.
(3)
			 Persons who violate a district policy may have their license or privilege to be
			 on district property revoked and be ordered to withdraw from and refrain from
			 entering upon any district property. Remaining on or reentering district
			 property after one's license or privilege to be on that property has been
			 revoked shall constitute trespass and such individual shall be subject to
			 arrest for criminal trespass.
Statutory Authority:
				  RCW
				    28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-140-060, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-070 - Prohibited conduct at college facilities

Current through Register Vol. 24-14, July 15, 2024
(1) State law relative to public institutions
			 governs the use or possession of intoxicants on campus or at college functions.
			 The use or possession of unlawful drugs or narcotics, not medically prescribed,
			 on college property or at college functions, is prohibited. Students obviously
			 under the influence of intoxicants, unlawful drugs or narcotics while in
			 college facilities shall be subject to disciplinary action. Non-students
			 obviously under the influence of intoxicants, unlawful drugs or narcotics while
			 in college facilities may be subject to criminal trespass.
(2) The use of tobacco is restricted by law
			 and by regulations of the fire marshal to designated smoking areas.
(3) Destruction of property is also
			 prohibited by state law in reference to public institutions.
Statutory Authority:
				  RCW
				    28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-140-070, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-140 - Policy on the use of college facilities › Section 132U-140-080 - Administrative control

Current through Register Vol. 24-14, July 15, 2024
The board hereby delegates to the president or his or her
				designee(s), authority to set up administrative procedures for proper review of
				the use of college facilities; to establish, within the framework of these
				policies, regulations governing such use; and to establish rental schedules
				where appropriate.
Statutory Authority: Chapter 28B.50 RCW. WSR 14-11-030,
				  recodified as § 132U-140-080, filed 5/13/14, effective 6/13/14. Statutory
				  Authority:
				  RCW
				    28B.50.130 and
				  28B.50.140.
				  WSR 88-15-005 (Order 88-03), §
										132U-140-050,
				  filed 7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-100 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by
				Community College District No. 21 with the provisions of chapter 42.17 RCW,
				Disclosure -- Campaign finances -- Lobbying -- Records; and in particular
				sections 250-340 of that act, dealing with public records.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-100, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-110 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Public
			 records.
"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; provided, however, that
			 the personal and other records cited in RCW   42.17.310 are exempt from the
			 definition of public record.
(2)
Writing.
"Writing" means handwriting, typewriting, printing,
			 photostating, photographing, and every other means of recording any form of
			 communication or representation, including letters, words, pictures, sounds, or
			 symbols, or combination thereof, and all papers, maps, magnetic or paper tapes,
			 photographic films and prints, magnetic or punched cards, discs, drums and
			 other documents.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-110, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-120 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Community College District No. 21 is a state agency established and organized
			 under the authority of
			 chapter
			 28B.50 RCW for the
			 purpose of implementing the educational goals established by the legislature in
			 RCW
			   28B.50.020. The administrative office of the
			 district is located at 237 - West Kellogg Rd., Whatcom County, Washington. The
			 college service center comprises the central headquarters for all operations of
			 the district.
(2) The district is
			 operated under the supervision and control of a board of trustees. The board of
			 trustees consists of five members appointed by the governor. The board of
			 trustees normally meets twice each month, as provided in WAC
			 132U-104-030. The board of
			 trustees employs a president, an administrative staff, members of the faculty
			 and other employees. The board of trustees takes such actions and promulgates
			 such rules, regulations, and policies in harmony with the rules and regulations
			 established by the state board for community college education, as are
			 necessary to the administration and operation of the district.
(3) The president of the district is
			 responsible to the board of trustees for the operation and administration of
			 the district. A detailed description of the administrative organization of the
			 district is contained within the
Policies and Procedures Manual for
			 Community College District No. 21
, a current copy of which is
			 available for inspection at the administrative office of the
			 district.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-120, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-130 - Operations and procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Formal decision-making procedures are established by the board of trustees
			 through rules promulgated in accordance with the requirements of chapter 28B.19
			 RCW, the State Higher Education Administrative Procedure Act (HEAPA).
(2) Informal decision-making procedures at
			 the college, as established by the board of trustees, are set forth in the
Policies and Procedures Manual of Community College District No.
			 21
, a current copy of which is available for inspection at the
			 administrative office of the district.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-130, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-140 - Substantive rules and policies of general applicability

Current through Register Vol. 24-14, July 15, 2024
(1) Except as provided in subsection (2) of
			 this section, all of the district's substantive rules and policies of general
			 applicability.
(a) The violation of which
			 subject an individual to a penalty or administrative sanction; or
(b) Which establish, alter, or revoke any
			 procedures, practice, or requirement relating to institutional hearings;
			 or
(c) Which establish, alter, or
			 revoke any qualification or requirement relating to the enjoyment of benefits
			 or privileges conferred by law, are promulgated by the board of trustees in
			 accordance with the requirements of chapter 28B.19 RCW, and are contained
			 within Title 132U of the Washington Administrative Code.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-150 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the district, as defined in WAC
				132U-276-110, are deemed to be
				available for public inspection and copying pursuant to this chapter, except as
				otherwise provided by RCW   42.17.310 and WAC
				132U-276-190.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-150, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-160 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The district's public records shall be in the charge of the
				public records officer designated by the chief administrative officer of the
				district. The person so designated shall be located in the district
				administrative office as set forth in WAC
				132U-276-120. The public records
				officer shall be responsible for the following: Implementation of the
				district's rules and regulations regarding release of public records,
				coordinating the district employees in this regard, and generally insuring
				compliance by district employees with the public records disclosure
				requirements of chapter 42.17 RCW.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-160, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-170 - Office hours

Current through Register Vol. 24-14, July 15, 2024
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 8:00 a.m. to 5:00 p.m.,
				Monday through Friday, excluding legal holidays and holidays established by the
				college calendar.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-170, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-180 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with the requirement of chapter 42.17 RCW that
				agencies prevent unreasonable invasions of privacy, protect public records from
				damage or disorganization, and prevent excessive interference with essential
				functions of the agency, public records are only obtainable by members of the
				public when those members of the public comply with the following
				procedures:
(1) A request shall be
			 made in writing upon a form prescribed by the district which shall be available
			 at the district administrative office. The form shall be presented to the
			 public records officer or, if the public records officer is not available, to
			 any member of the district's staff at the district administrative office during
			 customary office hours. The request shall include the following information:
(a) The name of the person requesting the
			 record;
(b) The time of day and
			 calendar date on which the request was made;
(c) The nature of the request;
(d) 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;
(e) If the requested matter is not
			 identifiable by reference to the current index, an appropriate description of
			 the record requested.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-190 - Copying

Current through Register Vol. 24-14, July 15, 2024
No fee shall be charged for the inspection of public records.
				The district may impose a reasonable charge for providing copies of public
				records and for the use by any person of agency equipment to copy public
				records; such charges shall not exceed the amount necessary to reimburse the
				district for its actual costs incident to such copying. No person shall be
				released a record so copied until and unless the person requesting the copied
				public record has tendered payment for such copying to the appropriate district
				official. All charges must be paid by money order, cashier's check or cash in
				advance.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-190, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-200 - Determination regarding exempt records

Current through Register Vol. 24-14, July 15, 2024
(1) The district reserves the right to
			 determine that a public record requested in accordance with the procedures
			 outlined in WAC
			 132U-276-180 is exempt pursuant
			 to the provisions set forth in RCW   42.17.310. 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   42.17.260, the district
			 reserves the right to delete identifying details when it makes available or
			 publishes any public record when there is reason to believe that disclosure of
			 such details would be an unreasonable invasion of personal privacy; provided,
			 however, in each case, the justification for the deletion shall be explained
			 fully in writing.
(3) Response to
			 requests for a public record must be made promptly. For the purposes of this
			 section, a prompt response occurs if the person requesting the public record is
			 notified within two business days as to whether his request for a public record
			 will be honored.
(4) All denials of
			 requests for public records must be accompanied by a written statement, signed
			 by the public records officer or his 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.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-200, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-210 - Review of denials of public record requests

Current through Register Vol. 24-14, July 15, 2024
(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 a review of such denial. 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
			 designee.
(3) Within two business
			 days after receiving the written request by a person petitioning for 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 informal hearing
			 the president or his or her designee shall consider the obligations of the
			 district fully to comply with the intent of chapter 42.17 RCW insofar as it
			 requires providing full public access to official records, but shall also
			 consider both the exemptions provided in RCW   42.17.310 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.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-210, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-220 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
Requests for public records shall be made at the administrative
				office of the district at Whatcom County, 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 for their
				inspection. Copies of such records may be arranged according to the provisions
				of WAC 132U-276-190.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-220, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-230 - Records index

Current through Register Vol. 24-14, July 15, 2024
(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 June 30, 1972:
(a) Final opinions, including concurring and
			 dissenting opinions, as well as orders, made in the adjudication of
			 cases;
(b) Those statements of
			 policy and interpretations of policy, statute and the constitution which have
			 been adopted by the agency;
(c)
			 Administrative staff manuals and instructions to staff that affect a member of
			 the public;
(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.