reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-050 - Public records - Adoption of statutory fee schedule

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to RCW   42.56.120, as amended by
			 section 3, chapter 304, Laws of 2017, the Washington board for volunteer
			 firefighters and reserve officers declares for the following reasons that it
			 would be unduly burdensome for it to calculate the actual cost it charges for
			 providing copies of public records: Funds were not allocated to conduct a study
			 and calculations; staff resources are insufficient to perform a study and to
			 calculate such actual costs; and a study would interfere with and disrupt other
			 essential agency functions.
(2) The
			 Washington state board for volunteer firefighters and reserve officers may
			 charge fees for producing copies of public records consistent with the fee
			 schedule established in RCW   42.56.120, as amended by section 3, chapter 304,
			 Laws of 2017.
Order II, §
										491-20-050, filed
				  7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-060 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The board for volunteer firemen reserves
			 the right to determine that a public record requested in accordance with the
			 procedures outlined in WAC
			 491-20-040 is exempt under the
			 provisions of RCW  42.17.310.
(2) In
			 addition, pursuant to RCW  42.17.260, the board for volunteer firemen reserves
			 the right to delete identifying details when it makes available or publishes
			 any public record, in any cases when there is reason to believe that disclosure
			 of such details would be an invasion of personal privacy protected by chapter
			 42.17 RCW. The public records officer will fully justify such deletion in
			 writing.
(3) All denials of
			 requests for public records must be accompanied by a written statement
			 specifying the reason for the denial, including a statement of the specific
			 exemption authorizing the withholding of the record and a brief explanation of
			 how the exemption applies to the record withheld.
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-060, filed 7/24/87; Order II,
				  §
										491-20-060, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-070 - Review of denials of public records 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 review. The written request shall specifically
			 refer to the written statement by the public records officer or other staff
			 member which constituted or accompanied the denial.
(2) Immediately after receiving a written
			 request for review of a decision denying a public record, the public records
			 officer or other staff member denying the request shall refer it to the board.
			 The board shall call a special meeting of the board as soon as legally possible
			 to review the denial. In any case, the request shall be returned with a final
			 decision, within two business days following the original denial.
(3) Administrative remedies shall not be
			 considered exhausted until the board has returned the petition with a decision
			 or until the close of the second business day following denial of inspection,
			 whichever occurs first.
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-070, filed 7/24/87; Order II,
				  §
										491-20-070, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-080 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The board for
			 volunteer firemen finds that it would be unduly burdensome and would interfere
			 with agency operations to maintain an index of records because of the large
			 number of cases, the resulting volume of correspondence, reports, surveys, and
			 other materials, and the limited number of staff available to compile and
			 maintain such an index.
(2) The
			 board for volunteer firemen will make available for public disclosure all
			 indices which may at a future time be developed for agency use.
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-080, filed 7/24/87; Order II,
				  §
										491-20-080, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-090 - Request for records by mail - Address

Current through Register Vol. 24-14, July 15, 2024
All communications with the board including but not limited to
				the submission of materials pertaining to its operations and/or the
				administration or enforcement of chapter 42.17 RCW and these rules; requests
				for copies of the board's decisions and other matters, shall be addressed as
				follows: Board for Volunteer Firemen, P.O. Box 114, Olympia, Washington
				98507.
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-090, filed 7/24/87; Order II,
				  §
										491-20-090, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-100 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
The board hereby adopts for use by all persons requesting
				inspection and/or copying or copies of its records, the form attached hereto as
				Appendix A, entitled "Request for public record."
Order II, §
										491-20-100, filed
				  7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-990 - Appendix A - Request for public records

Current through Register Vol. 24-14, July 15, 2024
APPENDIX A
REQUEST FOR PUBLIC RECORDS
Name of Requestor:
Address:
Phone:
Date of Request:
Time of Request:
Nature of Request:
1. Index Reference . . . . . . . . . . ..
2. If not identifiable by reference to the index,
							 then describe the document(s) in detail . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Signature . . . . . . . . . . ..
For Office Use Only:
(1)
Record
Withheld
In Part []
Request
Granted []
Record
Withheld []
(2)
If withheld, name the exemption contained in section
							 31, chapter 1, Laws of 1973, which authorizes the withholding of the record or
							 part of record: Subsection (1) ().
(3)
If withheld, briefly explain how the exemption
							 applies to the record withheld.
(4)
If request granted, time . . . . ., day . . . .
							 ..
Order II, Appendix A (codified as WAC 491-20-990), filed
				  7/5/77.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-104 - Board of trustees › Section 495A-104-010 - Organization

Current through Register Vol. 24-14, July 15, 2024
Bates Technical College, District 28, 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.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-104-010, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-104 - Board of trustees › Section 495A-104-015 - Time and place of board meetings

Current through Register Vol. 24-14, July 15, 2024
The board of trustees shall hold regular meetings in accordance
				with the Open Public Meetings Act, chapter 42.30 RCW, and other applicable law.
				These meetings will be scheduled throughout the year (except August) on the
				third Monday of a scheduled month. If needed, meetings will begin with a study
				session at 2:00 p.m., followed by the business meeting at 3:00 p.m. Special
				meetings, as may be requested by the chair of the board or by a majority of the
				members of the board, shall be announced in accordance with applicable open
				public meetings requirements.
All regular and special meetings of the board of trustees shall
				be held at one of the Bates Technical College campuses, as designated by the
				board, unless scheduled elsewhere and so noted in accordance with the
				requirements of the Open Public Meetings Act. Notices of the time and place of
				all regular and special meetings shall be governed by the requirements of
				chapter 42.30 RCW, Open Public Meetings Act. Board meetings 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.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-104 - Board of trustees › Section 495A-104-020 - Request for items to be placed on board agenda (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-104-020, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-104 - Board of trustees › Section 495A-104-030 - Delegation to college president (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-104-030, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-105 - Bates Technical College Seal › Section 495A-105-020 - Use

Current through Register Vol. 24-14, July 15, 2024
The seal shall be used only in connection with the transaction
				of official business at Bates Technical College, District 28, or for
				promotional purposes. The college president or designee will preapprove the
				manner in which the seal may be used.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-010 - Adoption of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure adopted by the chief
				administrative law judge pursuant to
				RCW
				 34.05.250 are adopted for use at Bates
				Technical College District 28. 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.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-010, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-020 - Appointment of presiding officers

Current through Register Vol. 24-14, July 15, 2024
The president or designee shall appoint 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 designee, or any combination of the
				above. Where more than one individual is appointed to be the presiding officer,
				the president or designee shall designate one person to make decisions
				concerning discovery, closure, means of recording adjudicative proceedings, and
				similar matters.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-020, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-030 - Method of recording

Current through Register Vol. 24-14, July 15, 2024
Proceedings will be recorded by a method determined by the
				presiding officer, among those available under the model rules of
				procedure.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-030, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-040 - Application for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
An application for adjudicative proceeding shall be in writing.
				Application forms are available at the following address: Office of the
				President, Bates Technical College, Downtown Campus, 1101 South Yakima Avenue,
				Tacoma, WA 98405-4895.
Written application for an adjudicative proceeding should be
				submitted to the above address within twenty days of the date of the agency
				action that gave rise to the application, unless provided for otherwise by
				statute or rule.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-040, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-050 - Brief adjudicative procedures

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted in accordance with
				RCW
				 34.05.482 through
				34.05.494,
				the provisions of which are adopted by reference. In addition to those
				proceedings specified elsewhere in college regulations, brief adjudicative
				procedures shall be used in all matters related to:
(1) Residency determinations;
(2) Challenges to contents of education
			 records; or
(3) Outstanding debts
			 owed by students or employees.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-050, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-060 - Discovery

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-060, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-070 - Procedure for closing parts of the hearings

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-070, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-108 - Practice and procedure › Section 495A-108-080 - Recording devices

Current through Register Vol. 24-14, July 15, 2024
No cameras or recording devices are allowed in those parts of
				the proceedings that the presiding officer has determined shall be closed under
				WAC
				495A-108-070,
				except for the method of official recording selected by the
				college.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075,
				  chapter
				  34.05 RCW and 1991 c 238.
				  92-12-017, §
										495A-108-080, filed 5/26/92,
				  effective 6/26/92.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-005 - Authority

Current through Register Vol. 24-14, July 15, 2024
The board of trustees, acting pursuant to
				RCW
				 28B.50.140(13), delegates to
				the president of the college the authority to administer disciplinary action.
				Administration of the disciplinary procedures is the responsibility of the vice
				president of student services or designee. Unless otherwise specified, the
				student conduct officer or designee shall serve as the principal investigator
				and administrator for alleged violations of this code.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-010 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
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 Bates Technical
				College's standard disciplinary procedures, WAC
				495A-121-010 through
				495A-121-094, these supplemental
				procedures shall take precedence.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-020 - Prohibited conduct under Title IX

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 28B.50.140(13) and Title IX
				of the Education Amendments Act of 1972,  20 U.S.C. Sec. 1681, Bates Technical
				College may impose disciplinary sanctions against a student who commits,
				attempts to commit, or aids, abets, incites, encourages, or assists another
				person to commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual
				harassment" encompasses the following conduct:
(1) Quid pro quo harassment. A college
			 employee conditioning the provision of an aid, benefit, or service of Bates
			 Technical College on an individual's participation in unwelcome sexual
			 conduct.
(2) Hostile environment.
			 Unwelcome conduct that a reasonable person would find to be so severe,
			 pervasive, and objectively offensive that it effectively denies a person equal
			 access to Bates Technical College's educational programs or activities, or
			 employment.
(3) Sexual assault.
			 Sexual assault includes the following conduct:
(a) Nonconsensual sexual intercourse. Any
			 actual or attempted sexual intercourse (anal, oral, or vaginal), however
			 slight, with any object or body part, by a person upon another person, that is
			 without consent and/or by force. Sexual intercourse includes anal or vaginal
			 penetration by a penis, tongue, finger, or object, or oral copulation by mouth
			 to genital contact or genital to mouth contact.
(b) Nonconsensual sexual contact. Any actual
			 or attempted sexual touching, however slight, with any body part or object, by
			 a person upon another person that is without consent and/or by force. Sexual
			 touching includes any bodily contact with the breasts, groin, mouth, or other
			 bodily orifice of another individual, or any other bodily contact in a sexual
			 manner.
(c) Incest. Sexual
			 intercourse or sexual contact with a person known to be related to them, either
			 legitimately or illegitimately, as an ancestor, descendant, brother, or sister
			 of either wholly or half related. Descendant includes stepchildren and adopted
			 children under the age of eighteen.
(d) Statutory rape. Consensual sexual
			 intercourse between someone who is eighteen years of age or older and someone
			 who is under the age of sixteen.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-030 - Title IX jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) This
			 supplemental procedure applies only if the alleged misconduct:
(a) Occurred in the United States;
(b) Occurred during a Bates Technical
			 College's educational program or activity; and
(c) Meets the definition of sexual harassment
			 as that term is defined in this supplemental procedure.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-040 - Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 receiving the Title IX investigation report from the Title IX coordinator, the
			 student conduct officer will independently review the report to determine
			 whether there are sufficient grounds to pursue a disciplinary action against
			 the respondent for engaging in prohibited conduct under Title IX.
(2) If the student conduct officer determines
			 that there are sufficient grounds to proceed under these supplemental
			 procedures, the student conduct officer will initiate a Title IX disciplinary
			 proceeding by filing a written disciplinary notice with the chair of the
			 student/faculty disciplinary committee and serving the notice on the respondent
			 and the complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
			 jurisdiction;
(b) Identify the
			 alleged Title IX violation(s);
(c)
			 Set forth the facts underlying the allegation(s);
(d) Identify the range of possible sanctions
			 that may be imposed if the respondent is found responsible for the alleged
			 violation(s);
(e) Explain that the
			 parties are entitled to be accompanied by their chosen advisors during the
			 hearing and that:
(i) The advisors will be
			 responsible for questioning all witnesses on the party's behalf;
(ii) An advisor may be an attorney;
			 and
(iii) The college will appoint
			 the party an advisor of the college's choosing at no cost to the party, if the
			 party fails to do so.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-050 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 receiving the disciplinary notice, the chair of the student/faculty
			 disciplinary committee will send a hearing notice to all parties, in compliance
			 with WAC
			 495A-121-065. In no event will
			 the hearing date be set less than ten days after the Title IX coordinator
			 provided the final investigation report to the parties.
(2) A party may choose to have an attorney
			 serve as their advisor at the party's own expense. This right will be waived
			 unless, at least five days before the hearing, the attorney files a notice of
			 appearance with the committee chair with copies to all parties and the student
			 conduct officer.
(3) In preparation
			 for the hearing, the parties will have equal access to all evidence gathered by
			 the investigator during the investigation, regardless of whether the college
			 intends to offer the evidence at the hearing.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-060 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) Bates Technical
			 College's student conduct procedures, chapter 495A-121 WAC, 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 student conduct
			 officer will appoint an advisor of the college's choosing on the party's behalf
			 at no expense to the party.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-070 - Evidence

Current through Register Vol. 24-14, July 15, 2024
The introduction and consideration of evidence during the
				hearing is subject to the following procedures and restrictions:
(1) Relevance: The chair of the
			 student/faculty disciplinary committee shall review all questions for relevance
			 and shall explain on the record their reasons for excluding any question based
			 on lack of relevance.
(2) Relevance
			 means that information elicited by the question makes facts in dispute more or
			 less likely to be true.
(3)
			 Questions or evidence about a complainant's sexual predisposition or prior
			 sexual behavior are not relevant and must be excluded, unless such question or
			 evidence:
(a) Is asked or offered to prove
			 someone other than the respondent committed the alleged misconduct;
			 or
(b) Concerns specific incidents
			 of prior sexual behavior between the complainant and the respondent, which are
			 asked or offered on the issue of consent.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-080 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
			 complying with chapter 495A-121 WAC, the student/faculty disciplinary committee
			 will be responsible for conferring and drafting an initial order that:
(a) Identifies the allegations of sexual
			 harassment;
(b) Describes the
			 grievance and disciplinary procedures, starting with filing of the formal
			 complaint through the determination of responsibility, including notices to
			 parties, interviews with witnesses and parties, site visits, methods used to
			 gather evidence, and hearings held;
(c) Makes findings of fact supporting the
			 determination of responsibility;
(d) Reaches conclusions as to whether the
			 facts establish whether the respondent is responsible for engaging in sexual
			 harassment in violation of Title IX;
(e) Contains a statement of, and rationale
			 for, the committee's determination of responsibility for each
			 allegation;
(f) Describes any
			 disciplinary sanction or conditions imposed against the respondent, if
			 any;
(g) Describes to what extent,
			 if any, complainant is entitled to remedies designed to restore or preserve
			 complainant's equal access to Bates Technical College's educational programs or
			 activities; and
(h) Describes the
			 process for appealing the initial order to the college president.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-115 - Title IX Student Conduct Procedures › Section 495A-115-090 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The parties
			 shall have the right to appeal from the initial order's determination of
			 responsibility and/or dismissal of an allegation(s) of sexual harassment in a
			 formal complaint. The right to appeal will be subject to the same procedures
			 and time frames set forth in WAC
			 495A-121-066.
(2) The president or designee will determine
			 whether the grounds for appeal have merit, provide the rationale for this
			 conclusion, and state whether the disciplinary sanction and condition(s)
			 imposed in the initial order are affirmed, vacated, or amended, and, if
			 amended, set forth any new disciplinary sanction and/or condition(s).
(3) President's office shall serve the final
			 decision on the parties simultaneously.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-010 - Preamble

Current through Register Vol. 24-14, July 15, 2024
Bates Technical College is a two-year public institution of
				higher education. The college is maintained by the state of Washington for the
				provision of programs of instruction in higher education and related community
				services. Broadly stated, the purpose of the college is to provide
				opportunities for all who desire to pursue educational goals. Like any other
				institution having its own special purposes, the college must maintain
				conditions conducive to the effective performance of its functions. To
				implement this objective, it is necessary to ensure that an environment is
				created wherein all students may progress in accordance with their capability
				and intensity of interest. The responsibility to create and maintain such an
				environment is shared by all members of the college
				community.
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-010, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-012 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
Refer to WAC 495A-115-030 for Title IX violations jurisdiction
				as it applies to student conduct procedures relating to Title IX.
(1) The student conduct code shall apply to
			 student conduct that occurs:
(a) In or on
			 college facilities;
(b) At or in
			 connection with college-sponsored activities; or
(c) Off campus when in the judgment of the
			 college it adversely affects the college community or the pursuit of its
			 objectives.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-020 - Student rights

Current through Register Vol. 24-14, July 15, 2024
As members of the academic community, students are encouraged
				to develop the capacity for critical judgment and to engage in an independent
				search for truth. The freedom to learn depends upon appropriate opportunities
				and conditions in the classroom, on the campus, and in the larger community.
				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 assured 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 assured 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 that are subject to the limitations of RCW 28B.50.-090
			 (3)(b).
(c) The college protects
			 students from academic evaluation that is arbitrary, prejudiced, or capricious.
			 Students are responsible for meeting the standards of academic performance
			 established by each instructor.
(d)
			 Students have the right to a learning environment that is free of
			 discrimination, inappropriate and disrespectful conduct, and all harassment
			 including sexual harassment. Chapter 495A-115 WAC describes the college's
			 student conduct procedures for handling Title IX complaints.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-021 - Academic freedom

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-021, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-022 - Nondiscrimination

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-022, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-023 - Due process

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-023, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-024 - Campus speakers

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-024, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-025 - Right to assembly

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-025, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-026 - Distribution of materials

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-026, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-027 - Grievances

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-027, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-028 - Commercial activities

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-028, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-029 - Student responsibilities

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-029, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-040 - Code of conduct

Current through Register Vol. 24-14, July 15, 2024
The college has special regulations regarding the conduct of
				the various participants in the college. Admission to the college carries with
				it the expectation that students will conduct themselves as responsible members
				of the college community.
Statutory Authority:
				  RCW
				  28B.50.140(10). 00-11-147,
				  §
										495A-121-040, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-041 - Prohibited conduct

Current through Register Vol. 24-14, July 15, 2024
The college may impose disciplinary sanctions against a student
				who commits, attempts to commit, aids, abets, incites, encourages, or assists
				another person to commit an act(s) of misconduct that includes, but is not
				limited to, the following:
(1)
			 Academic dishonesty. Any act of academic dishonesty including, but not limited
			 to, cheating, plagiarism, and fabrication.
(a)
			 Cheating includes any attempt to give or obtain unauthorized assistance
			 relating to the completion of an academic assignment.
(b) Plagiarism includes taking and using as
			 one's own, without proper attribution, the ideas, writings, or work of another
			 person in completing an academic assignment. Prohibited conduct also may
			 include the unauthorized submission for credit of academic work that has been
			 submitted for credit in another course.
(c) Fabrication includes falsifying data,
			 information, or citations in completing an academic assignment and also
			 includes providing false or deceptive information to an instructor concerning
			 the completion of an assignment.
(d) Academic consequences for academic
			 dishonesty or abetting in academic dishonesty may be imposed at the discretion
			 of a faculty member up to and including a failing grade for the course.
			 Students should refer to each of their faculty's course syllabus. Further
			 academic consequences may follow consistent with the provisions in any program
			 handbook. Incidents of academic dishonesty also may be referred to the student
			 conduct officer for disciplinary action consistent with this chapter in
			 addition to the academic consequences identified above.
(e) The decision to bring a student conduct
			 proceeding under this student code of conduct for academic dishonesty is at the
			 sole discretion of the student conduct officer. Nothing in this student code of
			 conduct prohibits instructors and/or academic administrators from imposing
			 academic sanctions 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 policy on academic standards, the
			 instructor's course syllabus, and any applicable program handbook.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-042 - Performance dishonesty

Current through Register Vol. 24-14, July 15, 2024
(1) Honest
			 assessment of student performance is of crucial importance to all members of
			 the college community. It is the responsibility of the college administration
			 and teaching faculty to provide reasonable and prudent security measures
			 designed to minimize opportunities for acts of performance dishonesty which
			 occur at the college.
(2) The
			 student code of conduct shall not be construed as preventing an instructor from
			 taking immediate disciplinary action when the instructor is required to act
			 upon such breach of performance dishonesty in order to preserve order and
			 prevent disruptive conduct in the classroom. This section shall also not be
			 construed as preventing an instructor from adjusting the student's grade on a
			 particular project, paper, test, or class grade for performance dishonesty.
			 Acts of performance dishonesty shall be cause for disciplinary action. Acts of
			 dishonesty shall consist of, but not be limited to, the following:
(a) Any student who, for the purpose of
			 fulfilling any assignment or task required by a faculty member as part of the
			 student's program of instruction, shall knowingly tender any work product that
			 the student fraudulently represents to the faculty member as their own work,
			 shall be deemed to have committed an act of performance dishonesty.
(b) Any student who aids or abets the
			 accomplishment of an act of performance dishonesty as described in (a) of this
			 subsection.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-043 - Classroom conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Faculty members
			 have the authority to take appropriate action to maintain order and proper
			 conduct in their classroom and maintain the effective cooperation of students
			 in fulfilling the objectives of the course.
(2) 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 expressed approval of the faculty member is
			 prohibited.
(3) Faculty members
			 have the right to temporarily suspend any student(s) from their
			 classroom/course/lab/ clinical/activity for up to three days 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's syllabus shall outline how an
			 absence of this type will impact the student's responsibilities in completing
			 assignments, other coursework, or activities. The faculty member shall report
			 this temporary suspension to the student conduct officer or designee on the
			 same day. In consultation with the faculty member, the student conduct officer
			 may set conditions for the student that must be followed upon returning to the
			 class or activity.
(4) The
			 suspension of up to three days discussed in subsection (3) of this section
			 shall not be subject to any further appeal or review. However, any further
			 discipline imposed by the student conduct officer or designee shall be
			 processed in accordance with this chapter.
(5) Any suspension initiated by a faculty
			 member or instructional administrator under this section will not affect any
			 student grading that is based directly on attendance.
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-043, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-045 - Hazing sanctions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-045, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-046 - Groups and organizations

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-046, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-047 - Refunds and access

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-047, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-048 - Readmission after suspension or expulsion

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-048, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-049 - Reestablishment of performance standing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-049, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-060 - Discipline

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.50.140(10). 00-11-147,
				  §
										495A-121-060, filed 5/24/00,
				  effective 6/24/00.
Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-061 - Initiation of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1)
			 All disciplinary actions are initiated by the student conduct officer. If the
			 respondent has submitted an active complaint against the student conduct
			 officer, the president shall, upon request, designate another person to fulfill
			 any disciplinary responsibilities relative to the complaint.
(2) For all complaints relating to violations
			 of Title IX, the college shall follow chapter 495A-115 WAC.
(3) For all other disciplinary matters, the
			 student conduct officer initiates disciplinary action by serving the respondent
			 with written notice directing the student to attend a disciplinary meeting. The
			 notice briefly describes the factual allegations, the provision(s) of the
			 student conduct code that the respondent is alleged to have violated, the range
			 of possible sanctions for the alleged violation(s) and specifies the time and
			 location of the meeting. At the meeting the student conduct officer presents
			 the allegations to the respondent, and the respondent is 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 may take
			 disciplinary action based upon the available information.
(4) Within ten days of the initial
			 disciplinary meeting and after considering the evidence in the case including
			 any facts or argument presented by the respondent, the student conduct officer
			 will serve the respondent with a written decision setting forth the facts and
			 conclusions supporting the decision, the specific student conduct code
			 provisions found to have been violated, the discipline imposed, if any, and a
			 notice of appeal rights with an explanation of the consequences of failing to
			 file a timely appeal.
(5) The
			 student conduct officer may take any of the following disciplinary actions:
(a) Exonerate the respondent and terminate
			 the proceedings;
(b) Impose a
			 disciplinary sanction(s) as described in WAC
			 495A-121-044;
			 or
(c) Refer the matter directly to
			 the student/faculty disciplinary committee for disciplinary action as the
			 committee deems appropriate. This referral is in writing, to the attention of
			 the chair of the student/faculty disciplinary committee, and with a copy served
			 on the respondent.