reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-125 - 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 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-130 - Conduct of disciplinary hearings (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-130, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-130, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-130, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-135 - 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, conclusions, and/or a proposed decision for its consideration.
(2) Within twenty-one days following the later of the
		conclusion of the hearing or the committee's receipt of closing arguments, the
		committee shall issue an initial decision in accordance with RCW   34.05.461 and
		WAC 10-08-210. The initial decision shall include findings on all material
		issues of fact and conclusions on all material issues of law, including which,
		if any, provisions of the student conduct code were violated. Any findings
		based substantially on the credibility of evidence or the demeanor of witnesses
		shall be so identified.
(3) The committee's initial order shall also include a
		determination on appropriate discipline, if any. If the matter was referred to
		the committee by the student conduct officer, the committee shall identify and
		impose disciplinary sanc-tion(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.
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-135, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-135, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-135, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-139 - Appeal from student conduct committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent who is aggrieved by the findings or
		conclusions issued by the student conduct committee may appeal the committee's
		initial decision to the president by filing a notice of appeal with the
		president's office within twenty-one days of service of the committee's initial
		decision. Failure to file a timely appeal constitutes a waiver of the right and
		the initial decision shall be deemed final.
(2) The notice of appeal must identify the specific findings of
		fact and/or conclusions of law in the initial decision that are challenged and
		must contain argument why the appeal should be granted. The president's review
		shall be restricted to the hearing record made before the student conduct
		committee and will normally be limited to a review of those issues and
		arguments raised in the notice of appeal.
(3) The president shall provide a written decision to all
		parties within twenty-one days after receipt of the notice of appeal. The
		president's decision shall be final and shall include a notice of any rights to
		request reconsideration and/ or judicial review.
(4) The president may, at his or her discretion, suspend any
		disciplinary action pending review of the merits of the findings, conclusions,
		and disciplinary actions imposed.
(5) The president shall not engage in an ex parte communication
		with any of the parties regarding an appeal.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-140 - Final decision on disciplinary appeals (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-140, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-140, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-140, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-150 - Readmission after dismissal (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-150, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-150, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-150, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-200 - 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 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 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-205 - Initiation of summary suspension proceedings (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 85-13-067
				  (Order 24, Resolution No. 52-0585), § 132C-120-205, filed 6/18/85;
				  80-05-004 (Order 21, Resolution No. 49-0280), § 132C-120-205, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-210 - Notice of summary suspension (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-210, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-210, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-210, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-215 - Permission to enter or remain on campus (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-215, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-215, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-215, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-220 - Procedures for summary suspension hearing (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-220, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-220, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-220, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-225 - Decision by vice-president of student services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-225, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-225, filed 6/18/85; 80-05-004 (Order
				  21, Resolution No. 49-0280), § 132C-120-225, filed
				  4/4/80.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-230 - Failure to appear for summary suspension hearing (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 05-10-052,
				  § 132C-120-230, filed 4/29/05, effective 5/30/05; 85-13-067 (Order 24,
				  Resolution No. 52-0585), § 132C-120-230, filed
				  6/18/85.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-235 - Summary suspension proceedings not duplicitous (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  28B.50 RCW. 85-13-067
				  (Order 24, Resolution No. 52-0585), § 132C-120-235, filed
				  6/18/85.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-300 - Supplemental sexual misconduct procedures

Current through Register Vol. 24-14, July 15, 2024
Both the respondent and the complainant in cases involving
		allegations of sexual misconduct shall be provided the same procedural rights
		to participate in student discipline matters, including the right to
		participate in the initial disciplinary decision-making process and to appeal
		any disciplinary decision.
The college reserves the right to take whatever protective
		measures it deems necessary in response to an allegation of sexual misconduct
		in order to protect the rights and personal safety of our campus community
		members. Such measures include, but are not limited to, reasonable changes to
		academic/housing arrangements, no-contact orders, counseling, interim
		suspension from campus pending a proceeding, and reporting the matter to local
		police. The college will consider the concerns and rights of both the recipient
		of and the person accused of the sexual misconduct. Not all forms of sexual
		misconduct will be deemed to be equally serious offenses, and the college
		reserves the right to impose different sanctions, from warning to dismissal,
		depending on the severity of the offense.
Application of the following procedures is limited to student
		conduct code proceedings involving allegations of sexual misconduct by a
		student. In such cases, these procedures shall supplement the student
		disciplinary procedures in WAC 132C-120-010 through 132C-120-200. In the event
		of conflict between the sexual misconduct procedures and the student
		disciplinary procedures, the sexual misconduct procedures shall
		prevail.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-305 - Supplemental definitions

Current through Register Vol. 24-14, July 15, 2024
The following supplemental definitions shall apply for
		purposes of student conduct code proceedings involving allegations of sexual
		misconduct by a student:
(1) "Complainant" is an alleged victim of sexual misconduct, as
		defined in subsection (2) of this section.
(2) "Sexual misconduct" is prohibited sexual or gender-based
		conduct by a student including, but not limited to:
(a) Sexual activity for which clear and voluntary consent has
		not been given in advance;
(b) Sexual activity with someone who is incapable of giving
		valid consent because, for example, she or he is underage, sleeping or
		otherwise incapacitated due to alcohol or drugs;
(c) Sexual harassment;
(d) Sexual violence, which includes, but is not limited to,
		sexual assault, domestic violence, intimate violence, and sexual or
		gender-based stalking;
(e) Nonphysical conduct such as sexual- or gender-based digital
		media stalking, sexual- or gender-based online harassment, sexual- or
		gender-based cyberbullying, nonconsensual recording of a sexual activity, and
		nonconsensual distribution of a recording of a sexual
		activity.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-310 - Supplemental complaint process

Current through Register Vol. 24-14, July 15, 2024
The following supplemental procedures shall apply with respect
		to complaints or other reports of alleged sexual misconduct by a
		student.
(1) The college's Title IX compliance officer or designee shall
		investigate complaints or other reports of alleged sexual misconduct by a
		student. Investigations will be completed in a timely manner and the results of
		the investigation shall be referred to the vice-president for the student
		services area for disciplinary action.
(2) Informal dispute resolution shall not be used to resolve
		sexual misconduct complaints without written permission from both the
		complainant and the respondent. If the parties elect to mediate a dispute,
		either party shall be free to discontinue mediation at any time.
(3) In no event shall mediation be used to resolve complaints
		involving allegations of sexual violence.
(4) College personnel will honor requests to keep sexual
		misconduct complaints confidential to the extent this can be done without
		unreasonably risking the health, safety and welfare of the complainant or other
		members of the college community or compromising the college's duty to
		investigate and process sexual harassment and sexual violence
		complaints.
(5) The student conduct officer, prior to initiating
		disciplinary action, will make a reasonable effort to contact the complainant
		to discuss the results of the investigation and possible disciplinary sanctions
		and/or conditions (if any) that may be imposed upon the respondent if the
		allegations of sexual misconduct are found to have merit.
(6) The student conduct officer, on the same date that a
		disciplinary decision is served on the respondent, will serve a written notice
		informing the complainant whether the allegations of sexual misconduct were
		found to have merit and describing any disciplinary sanctions and/or conditions
		imposed upon the respondent for the complainant's protection, including
		disciplinary suspension or dismissal of the respondent. The notice will also
		inform the complainant of his or her appeal rights. If protective sanctions
		and/or conditions are imposed, the student conduct officer shall make a
		reasonable effort to contact the complainant to ensure prompt notice of the
		protective disciplinary sanctions and/or conditions.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-315 - Supplemental appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1) The following actions by the student conduct officer may
		be appealed by the complainant:
(a) The dismissal of a sexual misconduct complaint; or
(b) Any disciplinary sanction(s) and conditions imposed against
		a respondent for a sexual misconduct violation, including a disciplinary
		warning.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-320 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
These supplemental procedures apply 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 Olympic College's
				standard disciplinary procedures, WAC 132C-120-010 through 132C-120-315 these
				supplemental procedures shall take precedence.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-325 - 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, the college may impose
				disciplinary sanctions against a student who commits, attempts to commit, or
				aids, abets, incites, encourages, or assists another person to commit, an
				act(s) of "sexual harassment."
For purposes of these supplemental procedures, "sexual
				harassment" encompasses the following conduct:
(1) Quid pro quo harassment. A college
			 employee conditioning the provision of an aid, benefit, or service of the
			 college on an individual's participation in unwelcome sexual conduct.
(2) Hostile environment. Unwelcome conduct
			 that a reasonable person would find to be so severe, pervasive, and objectively
			 offensive that it effectively denies a person equal access to the college's
			 educational programs or activities, or 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 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-330 - Title IX jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) These
			 supplemental procedures apply only if the alleged misconduct:
(a) Occurred in the United States;
(b) Occurred during a college educational
			 program or activity; and
(c) Meets
			 the definition of sexual harassment as that term is defined in these
			 supplemental procedures.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-335 - 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 conduct committee and serving the notice on the respondent and the
			 complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
			 jurisdiction;
(b) Identify the
			 alleged Title IX violation(s);
(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
			 complainant and the respondent 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 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-340 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 receiving the disciplinary notice, the chair of the student conduct committee
			 will send a hearing notice to all parties, in compliance with WAC 132C-120-122.
			 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 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-345 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The college's
			 student conduct procedures, WAC 132C-120-010 through 132C-120-315 and these
			 supplemental procedures shall apply equally to all parties.
(2) The college bears the burden of offering
			 and presenting sufficient testimony and evidence to establish that the
			 respondent is responsible for a Title IX violation by a preponderance of the
			 evidence.
(3) The respondent will
			 be presumed not responsible until such time as the disciplinary process has
			 been finally resolved.
(4) During
			 the hearing, each party shall be represented by an advisor. The parties are
			 entitled to an advisor of their own choosing and the advisor may be an
			 attorney. If a party does not choose an advisor, then the Title IX coordinator
			 will appoint an advisor of the college's choosing on the party's behalf at no
			 expense to the party.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-350 - 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 committee chair shall
			 review all questions for relevance and shall explain on the record their
			 reasons for excluding any question based on lack of relevance.
(2) Relevance means that information elicited
			 by the question makes facts in dispute more or less likely to be
			 true.
(3) Questions or evidence
			 about a complainant's sexual predisposition or prior sexual behavior are not
			 relevant and must be excluded, unless such question or evidence:
(a) Is asked or offered to prove someone
			 other than the respondent committed the alleged misconduct; or
(b) Concerns specific incidents of prior
			 sexual behavior between the complainant and the respondent, which are asked or
			 offered on the issue of consent.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-355 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition
			 to complying with WAC 132C-120-122, the student conduct 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 the college's education programs or activities;
			 and
(h) Describes the process for
			 appealing the initial order to the college president.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-360 - 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 132C-120-139.
(2) The
			 president or their delegate will determine whether the grounds for appeal have
			 merit, provide the rationale for this conclusion, and state whether the
			 disciplinary sanction and condition(s) imposed in the initial order are
			 affirmed, vacated, or amended, and, if amended, set forth any new disciplinary
			 sanction and/or condition(s).
(3)
			 President's office shall serve the final decision on the parties
			 simultaneously.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-122 - Withholding services for outstanding student debts › Section 132C-122-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this policy is to establish clear understanding
				of the college's responses to outstanding student debt.
Statutory Authority:
				Chapter 28B.50 RCW. WSR 13-20-001, § 132C-122-005, filed 9/18/13,
				effective 10/19/13. WSR 13-20-001, § 132C-122-005, filed 9/18/2013, 2:26
				p.m., effective 10/19/2013
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-122 - Withholding services for outstanding student debts › Section 132C-122-010 - Policy

Current through Register Vol. 24-14, July 15, 2024
Current and former students are expected to meet their
				financial obligations to the college. To the extent otherwise permitted by law,
				in response to a student's failure to pay a debt owed to the college the
				college may:
(1) Initiate collection actions; or
(2) Make collections from funds received from or on behalf of a
				student; and/or
(3) Deny or withhold:
(a) Admission to the college; and
(b) Registration at the college; and
(c) The conferral of degrees or certificates; and
(d) The issuance of academic transcripts; and
(e) The provision of other services, including
				refunds.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-122 - Withholding services for outstanding student debts › Section 132C-122-020 - Notification

Current through Register Vol. 24-14, July 15, 2024
(1) Where an outstanding debt is owed to the college, the
				college will notify the individual in writing of the amount of the outstanding
				debt . Contained within the notification will be further explanation that
				services may be withheld until that debt is satisfied, unless it is stayed or
				discharged in bankruptcy.
(2) When the college exercises its right to make collections
				from funds received from or on behalf of a student, the college shall notify
				the student of the amount applied and balance due, if any.
(3) These notices shall state that the individual has a right
				to appeal the decision to withhold services before a person designated by the
				president of the college if the individual believes that the debt is not owed
				or has been stayed or discharged in bankruptcy. The notice shall state that the
				appeal must be made in writing to the vice-president for administrative
				services within twenty days from the date of the notice.
Statutory Authority:
				Chapter 28B.50 RCW. WSR 13-20-001, 132C-122-020, filed 9/18/13, effective
				10/19/13; WSR 78-09-009 (Order 19, Resolution No. 47-0678), 132C-122-020, filed
				8/7/78. WSR 13-20-001, § 132C-122-020, filed 9/18/2013,
				effective 10/19/2013
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-122 - Withholding services for outstanding student debts › Section 132C-122-040 - Appeal procedure

Current through Register Vol. 24-14, July 15, 2024
The appeal shall be conducted as a brief adjudicatory
				proceeding in accordance with RCW   34.05.482 through
				34.05.494.
Statutory Authority:
				Chapter 28B.50 RCW. WSR 13-20-001, 132C-122-040, filed 9/18/13, effective
				10/19/13; WSR 78-09-009 (Order 19, Resolution No. 47-0678), 132C-122-040, filed
				8/7/78. WSR 13-20-001, § 132C-122-040, filed 9/18/2013,
				effective 10/19/2013
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-122 - Withholding services for outstanding student debts › Section 132C-122-050 - Construction

Current through Register Vol. 24-14, July 15, 2024
Nothing in this policy shall be construed as a limitation upon
				the college in pursuing any lawful means to collect a debt owed by a
				non-student.
Statutory Authority:
				Chapter 28B.50 RCW. WSR 13-20-001, 132C-122-050, filed 9/18/13, effective
				10/19/13. WSR 13-20-001, § 132C-122-050, filed 9/18/2013,
				effective 10/19/2013
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-200 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide for public access to
				existing, identifiable, nonexempt public records of Olympic College in accordance
				with the Public Records Act, chapter 42.56 RCW.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-210 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Public record.
The term
			 "public record" and other terms defined in the Public Records Act shall have the
			 same meaning in this chapter that they have under the Public Records
			 Act.
(2)
Public Records
			 Act.
References in this chapter to the "Public Records Act" are to chapter
			 42.56 RCW.
(3)
Requestor.
A "requestor" is any person or entity requesting public
			 records of the college pursuant to the Public Records Act.
(4)
College.
The term "college"
			 means Olympic College.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-220 - Description of the college

Current through Register Vol. 24-14, July 15, 2024
(1)
Mission
			 - Governance.
Olympic College is a public institution of higher education
			 established under chapter 28B.50 RCW as a community college, which offers
			 associate and applied baccalaureate degrees. The college is governed by a board
			 of trustees appointed by the governor. The board appoints a president who serves
			 as the chief executive officer responsible for the administration of the
			 college.
(2)
Olympic College
			 campuses.
The main campus of the college is located at 1600 Chester
			 Avenue, Bremerton, Washington 98337. The college also offers educational programs
			 online and at other campuses located at 937 West Alpine Way, Shelton, Washington
			 98584, and 1000 Olympic College Way Northwest, Poulsbo, Washington
			 98370.
(3)
Policies and
			 procedures.
College policies meeting the definition of a "rule" under the
			 Administrative Procedure Act, chapter 34.05 RCW, are adopted by the board of
			 trustees and published in Title 132C of the Washington Administrative Code. Other
			 college policies approved by the administration are published in policies and
			 procedures available on the college web site.
(4)
Documents index.
As an
			 institution of higher education, the college generally does not have occasion to
			 issue nonexempt "final orders," "declaratory orders," "interpretive statements,"
			 or "policy statements" as those terms are defined and used in the Public Records
			 Act. The secretary of the college's board of trustees does maintain and publish
			 on the college web site a documents index of the board's approved meeting minutes
			 which includes motions and resolutions. Inquiries may be directed to the
			 secretary of the board in the office of the president.
(5)
College web site.
The
			 college's official web site, available at www.olympic.edu, provides general
			 information about the college and its board of trustees, administration,
			 educational programs, and policies and procedures. Persons seeking public records
			 of the college are encouraged to view the records available on the web site prior
			 to submitting a records request.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-230 - Processing of records requests

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicable law.
Requests for public records will be processed in
			 accordance with these rules and applicable provisions of the Public Records Act,
			 chapter 42.56 RCW. Guidance concerning the application of these rules may be
			 found in the advisory model rules adopted by the attorney general under chapter
			 44-14 WAC.
(2)
Prioritizing of
			 requests.
Public records requests generally will be processed in the order
			 in which they are received by the records office and within the staffing
			 limitations of the office. However, the records office may expedite requests for
			 a single record or for only a few records, if such records are easily
			 identifiable and can be readily retrieved. The records office may ask, but not
			 require, a requestor to prioritize the records the requestor is
			 seeking.
(3)
Clarification of
			 requests.
The public records officer may request clarification of a
			 records request in accordance with applicable provisions of the Public Records
			 Act. The requestor must respond to the request for clarification within fifteen
			 business days of the request for clarification.
(4)
Providing records by
			 installment.
If a requestor submits m ultipl e records r equests, or if a
			 request seeks a large number of records or many different types of records, the
			 public records officer may provide access to the records in installments in
			 accordance with applicable provisions of the Public Records Act.
(5)
Denial of bot requests.
The
			 public records officer may deny a bot request as defined by, and under the
			 circumstances set forth in, RCW    42.56.080(3) if the records officer reasonably
			 believes the request was automatically generated by a computer program or
			 script.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-240 - Public records available for inspection

Current through Register Vol. 24-14, July 15, 2024
(1)
Scheduling of appointments.
Public records identified as responsive
			 to a public records request may be made available for inspection and copying
			 during customary office hours by scheduling an appointment with the public
			 records officer. The requestor must review the assembled records, or installment
			 of records, within fifteen business days of being notified that the records are
			 available for review.
(2)
Protection of records.
The public records officer will be
			 responsible for providing full access to public records made available for
			 inspection, for protecting the records from damage or disorganization, and for
			 preventing excessive interference with essential college functions. Public
			 records made available for inspection may not be removed from the office without
			 the permission of the records officer.
(3)
Copying of records.
The public
			 records officer will arrange for copying of any records designated by the
			 requestor and will charge such copying fees as may apply under WAC
			 132C-276-270.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-250 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1)
Designation.
A public records officer designated by the college
			 shall be responsible for responding to public records requests in accordance with
			 the provisions of this chapter and applicable provisions of the Public Records
			 Act, chapter 42.56 RCW. The duties of the public records officer under this
			 chapter may be delegated to one or more public records assistants designated by
			 the college.
(2)
Duties.
The public records officer shall oversee the college's compliance with the Public
			 Records Act. The records officer (or designee) and the college are responsible
			 for providing the fullest assistance to requestors of public records, for
			 ensuring that public records are protected from damage or disorganization, and
			 for preventing records requests from excessively interfering with essential
			 institutional functions or unreasonably disrupting the operations of the college.
			 The college may take reasonable precautions to prevent a requestor from being
			 unreasonably disruptive or disrespectful to college staff.
(3)
Records office.
Inquiries
			 regarding public records of the college may be addressed to the public records
			 officer at the following office address:
Public Records Officer
Olympic College
1600 Chester Avenue
Bremerton, WA 98337
publicrecords@olympic.edu
(4)
Office hours.
The customary
			 office hours of the public records office are from 8:00 a.m. to 4:30 p.m., Monday
			 through Friday, excluding legal holidays.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-260 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Online
			 requests preferred.
Requests for public records of the college may be
			 addressed to the public records officer at the email address given in WAC
			 132C-276-250. The college encourages, but does not require, requestors to use the
			 public records request form made available online at https://www.olympic.edu on
			 the public records web page. Requests made orally, whether by phone or in person,
			 may be confirmed in writing by the public records officer.
(2)
Contents of records requests.
A request for public records must include the following information:
(a) The name and contact information of the
			 person requesting the records;
(b)
			 The requestor's mailing address, which may be an electronic mail
			 address;
(c) The date and time of the
			 request;
(d) A description of the
			 requested records that is sufficiently detailed to enable the public records
			 officer to identify and locate the records.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-270 - Copying-Payments

Current through Register Vol. 24-14, July 15, 2024
(1)
Fees and payment procedures.
The following copying fees and payment procedures apply to requests to the
			 college under chapter 42.56 RCW and received on or after the effective date of
			 this section.
(2)
Inspection of
			 records.
There is no fee for inspecting public records made available for
			 inspection by the public records officer under WAC 132C-276-240.
(3)
Actual costs not calculated.
Pursuant to RCW    42.56.120(2)(b), the college is not calculating all actual costs
			 for copying records because to do so would be unduly burdensome for the following
			 reasons:
(a) The institution does not have the
			 resources to conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
			 with other essential college functions; and
(c) Through the 2017 legislative process, the
			 public and requestors have commented on and been informed of authorized fees and
			 costs, including for electronic records, provided in RCW    42.56.120.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-280 - Closing public records requests

Current through Register Vol. 24-14, July 15, 2024
(1)
Generally.
Once the requestor has inspected or been provided with
			 copies of the records made available in response to their request, that request
			 is closed. However, with respect to any installment of records other than the
			 final installment, the foregoing applies only to that installment and not the
			 entire request, unless otherwise provided in this chapter.
(2)
Other closing events.
A request
			 may also be closed:
(a) If a requestor does not
			 respond to a request for clarification or otherwise fails to clarify within
			 fifteen business days;
(b) If the
			 requestor fails to make a required deposit or payment for requested copies as
			 provided under WAC 132C-276-270;
(c)
			 If all records identified in any notice of availability, including a notice with
			 respect to an installment of records, have not been inspected, paid for, or
			 picked up within fifteen business days of issuance of such notice of
			 availability; or
(d) As otherwise
			 provided by this chapter or by law.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-290 - Records exempt from inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1)
Public Records Act exemptions.
The Public Records Act, chapter 42.56
			 RCW, exempts from inspection or copying certain categories of records as set
			 forth in the Public Records Act or under other statutes. The public records
			 officer will disclose the existence of exempt records as required by law, but may
			 deny the inspection or copying of such records to the extent that the records are
			 exempt from inspection or copying under the Public Records Act or other
			 applicable law.
(2)
Commonly
			 applied exemptions.
The public records office maintains an exemption key
			 explaining the exemptions most commonly applied by the college in processing
			 requests for public records. A copy of the exemption key can be requested from
			 the public records officer and will typically be provided by the records officer
			 in responding to a request for records that are determined in whole or in part to
			 be exempt from inspection or copying.
(3)
Determining applicable
			 exemptions.
The public records officer may seek information from the
			 requestor sufficient to determine whether another statute prohibits disclosure of
			 the requested records. For example, student education records generally may not
			 be disclosed to third parties without the student's written consent.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-300 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal administrative review.
A requestor who objects
			 to the denial, or partial denial, of a records request may petition in writing to
			 the public records officer for a review of that decision. The public records
			 officer will promptly refer the petition to the office of the president. A senior
			 administrator designated by the president will consider the petition and render a
			 decision within two business days following the initial receipt of the petition
			 by the public records officer. The time for considering the petition may be
			 extended by mutual agreement of the college and the requestor.
(2)
Review by attorney general's
			 office.
A requestor who objects to the denial, or partial denial, of a
			 records request may request the office of the attorney general to review the
			 matter as provided in RCW    42.56.530 and WAC 44-06-160. Requests for attorney
			 general review must be directed to Public Records Review, Office of the Attorney
			 General, Post Office Box 40100, Olympia, Washington 98504-0100.
(3)
Judicial review.
A requestor
			 may petition the superior court for judicial review of the college's decision
			 denying a public records request, whether in whole or in part, by following the
			 procedures in RCW    42.56.550. The denial of a petition for internal administrative
			 review under subsection (1) of this section shall constitute the final agency
			 action subject to judicial review.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-310 - Court protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Notifying interested persons.
The college, as required or permitted
			 by law or contract, including any collective bargaining agreement, and in other
			 appropriate circumstances, may notify persons named in a public record, or to
			 whom the record specifically pertains, that release of the record has been
			 requested, and that such persons may apply to the superior court for a protective
			 order under RCW    42.56.540.
(2)
Applying for court protection.
The college in appropriate
			 circumstances may apply to the superior court for a protective order enjoining
			 the examination of any specific public record in accordance with the procedures
			 under RCW    42.56.540. Nothing in this chapter shall be construed as either
			 requiring or prohibiting the college's application to the court for such an
			 order.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-276 - Public records › Section 132C-276-990 - Appendix A - Request for public record to Community College District No. 3

Current through Register Vol. 24-14, July 15, 2024
Order 4020, Appendix A (codified as WAC 132C-276-990), filed
				  5/25/73.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-280 - State Environmental Policy Act rules › Section 132C-280-010 - State Environmental Policy Act (SEPA)

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the policy of Community College District No. 3
				that capital projects proposed and developed by the district shall comply with
				the provisions of
				chapter
				43.21C RCW, the State
				Environmental Policy Act (SEPA); chapter 197-10 WAC, guidelines for SEPA
				implementation; and WAC
				131-24-030, SEPA implementation
				rules of the state board for community college education as now or hereinafter
				amended.
(2) In compliance with WAC 197-10-820, the business manager
				shall be the responsible official for carrying out this
				policy.
Order 14, § 132C-280-010, filed
				  6/18/76.
Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-285 - Grievance procedures › Section 132C-285-010 - Grievance procedure (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW   28B.50.140(13). 78-02-062
				  (Order 16), § 132C-285-010, filed
				  1/23/78.