reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-276 - Access to public records and documents at Whatcom Community College › Section 132U-276-240 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
The district hereby adopts for use by all persons requesting
				inspection and/or copying or copies of its records the following form:
REQUEST FOR PUBLIC RECORD TO
COMMUNITY COLLEGE DISTRICT NO. 21
(a)
. . . . . . . . . . ..
Name (please print)
. . . . . . . . . . . . . . . . . . ..
Signature
. . . . . . . . . . ..
Name of Organization, if applicable
. . . . . . . . . . ..
Mailing Address of applicant
. . . . . . . . . ..
Phone
(b)
. . . . . . . . . . ..
Date Request made
. . . . . . . . . ..
Time of Day Request made
(c)
Nature of Request . . . . . . . . . . ..
. . . . . . . . . . ..
(d)
Identification Reference on current index (please
							 describe)
. . . . . . . . . . ..
. . . . . . . . . . ..
(e)
Description of record, or matter, requested if not
							 identifiable by reference to the Community College District 21
. . . . . . . . . . ..
. . . . . . . . . . ..
Request: Approved. . . ..
Denied. . . ..
Date . . . . . . . . . . ..
By
. . . . . . . . . . . . . . . ..
Name
. . . . . . . . . . . . . . . . . . ..
Title
Reasons for Denial: . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Referred to . . . . . . . . . . ..
Date . . . . . . . . . . ..
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-276-240, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-280 - Family Educational Rights and Privacy Act › Section 132U-280-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The college continually receives requests from outside sources
				for information about students, both past and present. Under the authority of
				20 U.S.C.
				1232(g), the Family
				Educational Rights and Privacy Act (FERPA) of 1974, as amended, directs the
				college to adopt a policy on student education records to insure that
				information contained in such records is treated in a responsible manner with
				due regard to the personal nature of the information contained in those
				records. The college shall annually notify students currently in attendance of
				their rights under this act.
Statutory Authority:
				  RCW
				  28B.50.130,
				  28B.50.140. 07-15-033, §
										132U-280-010, filed 7/12/07,
				  effective 8/12/07; 88-15-005 (Order 88-03), §
										132U-280-010, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-280 - Family Educational Rights and Privacy Act › Section 132U-280-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The term "education records" shall mean
			 those records that are directly related to a student and maintained by the
			 college.
(b) The term "education
			 records" does not mean:
(i) Records that are
			 kept in the sole possession of the maker, are used only as a personal memory
			 aid, and are not accessible or revealed to any other person except a temporary
			 substitute for the maker of the record.
(ii) Records related to a person who is
			 employed by the college, are made and maintained in the normal course of
			 business, relate exclusively to such person in that person's capacity as an
			 employee, and are not available for any other use.
(iii) Records on a student which are created
			 or maintained by a physician, psychiatrist, psychologist or other recognized
			 professional or paraprofessional acting in his or her professional capacity, or
			 assisting in a paraprofessional capacity and which are created, maintained or
			 used only in connection with the treatment of the student, and are not
			 available to anyone other than persons providing such treatment; provided,
			 however, that such records can be personally reviewed by a physician or other
			 appropriate professional of the student's choice. For the purpose of this
			 definition, "treatment" does not include remedial educational activities or
			 activities that are part of the program of instruction at the
			 college.
(iv) Records that only
			 contain information about an individual after he or she is no longer a student.
[(c)] "Student" is defined as any person who is or has been
				officially registered at Whatcom Community College for whom the college
				maintains education records or personally identifiable
				information.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-280 - Family Educational Rights and Privacy Act › Section 132U-280-020 - Student's right to inspect and review records

Current through Register Vol. 24-14, July 15, 2024
(1) A student has the right to inspect and
			 review his or her education records.
(2) If circumstances prevent the student from
			 inspecting and reviewing his or her records, the college shall provide copies
			 of the education records. Charges for the copies shall not exceed the cost
			 normally charged by the college (except in cases where charges have previously
			 been approved by the boards of trustees' action for certain specified services;
			 e.g. official transcripts.
(3)
			 Limitations on right to inspect and review records.
(a) If the education records of a student
			 contain information on more than one student, the student may inspect and
			 review or be informed of only the specific information about that
			 student.
(b) The college does not
			 have to permit a student to inspect and review education records that are:
(i) Financial records, including any
			 information those records contain about a student's parents.
(ii) Confidential letters and confidential
			 statements of recommendation placed in the student's education records, if:
(1) The student has waived his or her right
			 to inspect and review those letters and statements; and
(2) Those letters and statements are related
			 to the students admission to an education institution, application for
			 employment, or receipt of an honor or honorary recognition.
(c) A waiver under
			 paragraph (b)(ii) of this section is valid only if:
(i) The college does not require the waiver
			 as a condition for admission to or receipt of a service or benefit from the
			 agency or institution; and
(ii) The
			 waiver is made in writing and signed by the student, regardless of
			 age.
(d) If a student
			 has waived his or her rights under paragraph (b)(ii)(2) of this section, the
			 college shall:
(i) Give the student, on
			 request, the names of the individuals who provided the letters and statements
			 of recommendation; and
(ii) Use the
			 letters and statements of recommendation only for the purpose for which they
			 were intended.
(e) A
			 waiver under paragraph (b)(ii)(2) of this section may be revoked, in writing,
			 with respect to any actions occurring after the revocation.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-280 - Family Educational Rights and Privacy Act › Section 132U-280-025 - Request to amend education records - Appeal procedure

Current through Register Vol. 24-14, July 15, 2024
(1) A request by a student to amend an
			 education record should be made in writing to the college individual who
			 created the record or, if no longer employed by the college, the department
			 having custody of the record.
(2)
			 An individual or department must respond to a request to amend education
			 records within a reasonable period of time, but in no case more than forty-five
			 days after the request has been made. A college individual or department that
			 denies a student's request or is unable to comply with the request within the
			 above-state time period shall inform the student of that fact and the reasons
			 in writing.
(3)
(a) A student who feels that his or her
			 request has not been properly answered by a particular individual or department
			 or who feels that the information contained in those records is incorrect
			 should contact the appropriate supervisor responsible for the individual or
			 department for mediation.
(b) In
			 cases where a student remains dissatisfied after consulting with the
			 appropriate supervisor, the student may then request a hearing by the
			 appropriate vice-president or his or her designee(s). If the vice-president is
			 also the supervisor who handled the matter in (3)(a), it will be referred to
			 another vice-president who does not have a direct interest in the outcome of
			 the hearing. Following the hearing, the hearing officer shall render his or her
			 decision, in writing, within a reasonable period of time. In all cases, the
			 decision of the hearing officer shall be final.
(c) In no case shall any appeal by a student
			 be considered by the college which has not been filed with that body in writing
			 within ninety days from the date of the initial request to the custodian of the
			 record.
(d) The college shall not
			 review any matter regarding the appropriateness of official academic grades or
			 disciplinary records beyond that provided for in WAC
			 132U-120-100, et seq.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-280 - Family Educational Rights and Privacy Act › Section 132U-280-035 - College compliance

Current through Register Vol. 24-14, July 15, 2024
The college will develop policies and procedures to implement
				chapter 132U-280 WAC and all college individuals or offices having custody of
				education records will comply with those policies and procedures. The college
				will be responsible for periodic review of all [related] policies and
				procedures.
The college does not maintain confidential educational records
				regarding student political or ideological beliefs or
				associations.
Statutory Authority:
				  RCW
				  28B.50.130,
				  28B.50.140. 07-15-033, §
										132U-280-035, filed 7/12/07,
				  effective 8/12/07; 88-15-005 (Order 88-03), §
										132U-280-035, filed
				  7/8/88.
Reviser's note:
RCW
				    34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-010 - Statement of policy: Complaints - Discrimination and/or harassment/intimidation

Current through Register Vol. 24-14, July 15, 2024
(1) Whatcom Community College is covered by
			 Title IX of the Education Amendments of 1972 prohibiting gender discrimination
			 in education and Section 504 of the Rehabilitation Act of 1973 prohibiting
			 discrimination on the basis of disability. It is the policy of Whatcom
			 Community College to ensure equal opportunity without regard to gender or
			 disability status in all areas of admission, education, application for
			 employment, and employment. Whatcom Community College's policy 4010,
			 affirmative action/fair employment practices, expands the college's obligation
			 to include no discrimination on the basis of race, color, national origin,
			 gender, disability, sexual orientation, religion, age (except when gender or
			 age is a bona fide occupational qualification) or veteran status which includes
			 Vietnam era and/or disabled veterans in its programs, recruitments, hiring,
			 training, retention, promotion and all other personnel actions of qualified
			 persons. The Washington law against discrimination (WLAD) RCW 49.60; chapter
			 2.60.00 in the SBCTC's (state board for community and technical college) policy
			 manual, ADA, Title VI and VII of the Civil Rights Act of 1964, ESHB 2661 and
			 all law and regulations affecting state employees, shall apply to employees at
			 Whatcom Community College.
(a) It is the
			 policy of Whatcom Community College to provide an environment in which members
			 of the college community can work or study free from harassment or
			 intimidation. Harassment/intimidation is a form of discrimination. As such
			 harassment/intimidation is a violation of the 1964 Civil Rights Act and Title
			 IX of the 1972 Education Amendments.
(b) Discrimination and/or
			 harassment/intimidation directed to any individual or group on the basis of
			 race, color, gender, religion, creed, age, marital status, national origin,
			 sexual orientation, disability and veteran status, or any behavior or action,
			 either physical or verbal, which is sexual in nature and unwelcome, unwanted or
			 uninvited, is a violation of the mission and purpose of Whatcom Community
			 College as an institution of higher education and shall not be tolerated, and,
			 pursuant to board policy and this procedure, shall be prohibited.
A complaint procedure is required by Title IX of the Education
				Amendments of 1972 and section 504 of the Rehabilitation Act of 1973.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-020 - Complaint procedure - Discrimination and/or harassment/intimidation

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose
(a) Those employees of
			 Whatcom Community College who believe that they have been harassed/intimidated
			 and/or discriminated against in employment or the employment application
			 process, or any applicants for admission or students/members of the public who
			 believe that they have been harassed/intimidated by or discriminated against by
			 an employee or a student of the Whatcom Community College, are encouraged to
			 report that belief to Whatcom Community College under this procedure's
			 complaint process which follows.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-030 - Statement of policy

Current through Register Vol. 24-14, July 15, 2024
The college provides equal opportunity in education and
				employment and does not discriminate on the basis of race, color, national
				origin, age, disability, sex, sexual orientation, marital status, creed,
				religion, or status as a veteran of war as required by Title VI of the Civil
				Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504
				of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964,
				the Age Discrimination Act of 1975,
				RCW
				  49.60.030, and their implementing
				regulations. Prohibited gender-based discrimination includes sexual
				harassment.
(1) Harassment is defined
			 as a form of discrimination consisting of physical or verbal conduct that:
(a) Denigrates or shows hostility toward an
			 individual because of the their race, creed, color, religion, national or
			 ethnic origin, parental status or families with children, marital status, sex
			 (gender), sexual orientation, gender identity or expression, age, genetic
			 information, honorably discharged veteran or military status, or the presence
			 of any sensory, mental, or physical disability, or the use of a trained dog
			 guide or service animal by a person with a disability, or any other prohibited
			 basis; and
(b) Is sufficiently
			 severe or pervasive so as to substantially interfere with the individual's
			 employment, education or access to college programs, activities, and
			 opportunities.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-040 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Whatcom Community College recognizes its responsibility for
				investigation, resolution, implementation of corrective measures, and
				monitoring the educational environment and workplace to stop, remediate, and
				prevent discrimination on the basis of race, color, national origin, age,
				perceived or actual physical or mental disability, pregnancy, genetic
				information, sex, sexual orientation, gender identity, marital status, creed,
				religion, or honorably discharged veteran or military status, or the use of
				trained guide dog or service animal, as required by Title VI of the Civil
				Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the
				Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act
				of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age
				Discrimination Act of 1975, the Violence Against Women Reauthorization Act and
				Washington state's law against discrimination, chapter 49.60 RCW and their
				implementing regulations. Employees are also protected from discrimination for
				filing a whistleblower complaint with the Washington state auditor.
For complaints involving sexual misconduct and sex-based
				discrimination, the Title IX coordinator or designee will evaluate the
				complaint according to Policy 616, chapter 132U-305 WAC. Complaints that fit
				the jurisdictional requirements of chapter 132U-305 WAC will follow the
				investigative and discipline procedures outlined in that policy, which follows
				the requirements of the 2020 final rules under Title IX, which went into effect
				August 14, 2020. All complaints that do not fit the jurisdictional requirements
				of chapter 132U-305 WAC will use the procedures outlined in this
				policy.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-060 - Complaint procedure

Current through Register Vol. 24-14, July 15, 2024
Whatcom Community College has enacted policies prohibiting
				discrimination against, and harassment of members of protected classes. Any
				individual found to be in violation of this policy will be subject to
				disciplinary action up to and including dismissal from the college or from
				employment.
Any employee, student, applicant, or visitor who believes that
				he or she has been the subject of discrimination or harassment should report
				the incident or incidents to the college's Title IX/EEO coordinator identified
				below. If the complaint is against that coordinator, the complainant should
				report the matter to the president's office for referral to an alternate
				designee.
The college encourages the timely reporting of any incidents of
				discrimination or harassment. Complaints may be submitted in writing or
				verbally. For complainants who wish to submit a written complaint, a formal
				complaint form is available online at http://www.whatcom.edu/home/show
				document?id=360. Hard copies of the complaint form are available in the Human
				Resource Office, Laidlaw Center (LDC) 235.
The following college officials are designated to handle
				inquiries regarding this policy:
Name: Benjamin Reed
Title: Title IX & ADA Coordinator
Office: Laidlaw Center (LDC) 208
Contact: breed@whatcom.edu
Address: 237 W. Kellogg Rd., Bellingham, WA 98226
Name: Becky Rawlings
Title: Executive Director for Human Resources, Title IX/EEO
				Coordinator
Office: Laidlaw Center (LDC) 235
Contact: brawlings@whatcom.edu
Address: 237 W. Kellogg Rd., Bellingham, WA 98226
The Title IX/EEO coordinators or designee:
* Will accept all complaints and referrals from college
				employees, applicants, students, and visitors;
* Will make determinations regarding how to handle requests by
				complainants for confidentiality;
* Will keep accurate records of all complaints and referrals
				for the required time period;
* May conduct investigations or delegate and oversee
				investigations conducted by a designee;
* May impose interim remedial measures to protect parties
				during investigations of discrimination or harassment;
* Will issue written findings and recommendations upon
				completion of an investigation; and
* May recommend specific corrective measures to stop,
				remediate, and prevent the recurrence of inappropriate
				conduct.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-070 - Who may file a complaint

Current through Register Vol. 24-14, July 15, 2024
Any employee, applicant, student, or visitor of Whatcom
				Community College may file a complaint. Complaints may be submitted in writing
				or verbally. The college encourages the timely reporting of any incidents of
				discrimination or harassment. For complainants who wish to submit a written
				complaint, a formal complaint form is available online at
http://www.whatcom.edu/home/showdocument?id=360
.
				Hardcopies of the complaint form are available at the Human Resource Office,
				Laidlaw Center (LDC) 235. Any person submitting a discrimination complaint
				shall be provided with a written copy of the college's antidiscrimination
				policies and procedures.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-080 - Confidentiality and right to privacy

Current through Register Vol. 24-14, July 15, 2024
Whatcom Community College will seek to protect the privacy of
				the complainant to the full extent possible, consistent with the legal
				obligation to investigate, take appropriate remedial and/or disciplinary
				action, and comply with the federal and state law, as well as Whatcom Community
				College policies and procedures. Although Whatcom Community College will
				attempt to honor complainants' requests for confidentiality, it cannot
				guarantee complete confidentiality. Determinations regarding how to handle
				requests for confidentiality will be made by the Title IX/EEO
				coordinator/designee.
Confidentiality requests and sexual violence
				complaints.
The Title IX/EEO coordinator/designee will inform and obtain
				consent from the complainant before commencing an investigation into a sexual
				violence complaint. If a sexual violence complainant asks that his or her name
				not be revealed to the respondent or that the college not investigate the
				allegation, the Title IX/EEO coordinator/designee will inform the complainant
				that maintaining confidentiality may limit the college's ability to respond
				fully to the allegations and that retaliation by the respondent and/or others
				is prohibited. If the complainant still insists that his or her name not be
				disclosed or that the college not investigate, the Title IX/EEO
				coordinator/designee will determine whether the college can honor the request
				and at the same time maintain a safe and nondiscriminatory environment for all
				members of the college community, including the complainant. Factors to be
				weighed during this determination may include, but are not limited to:
* The seriousness of the alleged sexual violence;
* The age of the complainant;
* Whether the sexual violence was perpetrated with a
				weapon;
* Whether the respondent has a history of committing acts of
				sexual violence or violence or has been the subject of other sexual violence
				complaints;
* Whether the respondent threatened to commit additional acts
				of sexual violence against the complainant or others; and
* Whether relevant evidence can be obtained through other means
				(e.g., security cameras, other witnesses, physical evidence).
If the college is unable to honor a complainant's request for
				confidentiality, the Title IX/EEO coordinator/designee will notify the
				complainant of the decision and ensure that complainant's identity is disclosed
				only to the extent reasonably necessary to effectively conduct and complete the
				investigation.
If the college decides not to conduct an investigation or take
				disciplinary action because of a request for confidentiality, the Title IX/EEO
				coordinator/designee will evaluate whether other measures are available to
				limit the effects of the harassment and prevent its recurrence and implement
				such measures if reasonably feasible.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-100 - Publication of antidiscrimination policies and procedures

Current through Register Vol. 24-14, July 15, 2024
The policies and procedures regarding complaints of
				discrimination and harassment shall be published and distributed as determined
				by the president or president's designee. Any person who believes he or she has
				been subjected to discrimination in violation of college policy will be
				provided a copy of these policies and procedures.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-110 - Limits to authority

Current through Register Vol. 24-14, July 15, 2024
Nothing in this procedure shall prevent the college president
				or designee from taking immediate disciplinary action in accordance with
				Whatcom Community College policies and procedures, and federal, state, and
				municipal rules and regulations.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-120 - Nonretaliation, intimidation, and coercion

Current through Register Vol. 24-14, July 15, 2024
Retaliation by, for, or against any participant (including
				complainant, respondent, witness, Title IX/EEO coordinator/designee, or
				investigator) is expressly prohibited. Retaliatory action of any kind taken
				against individual(s) as a result of seeking redress under the applicable
				procedures or serving as a witness in a subsequent investigation or any
				resulting disciplinary proceedings is prohibited and is conduct subject to
				discipline. Any person who thinks he/she has been the victim of retaliation
				should contact the Title IX/EEO coordinator/designee
				immediately.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-130 - Criminal complaints

Current through Register Vol. 24-14, July 15, 2024
Discriminatory or harassing conduct may also be, or occur in
				conjunction with, criminal conduct. Criminal complaints may be filed with the
				following law enforcement authorities:
Bellingham Police Department
505 Grand Avenue
Bellingham, WA 98225
360-778-8800
https://www.cob.org/gov/dept/police
Blaine Public Safety Department
322 H Street
Blaine, WA 98230
360-332-6769
http://www.ci.blaine.wa.us/171/Public-Safety
Everson Police Department
111 W Main Street
Everson, WA 98247
360-966-4212
http://www.ci.everson.wa.us/police-department.html
Ferndale Police Department
2220 Main Street Ferndale, WA 98248
360-384-3390
http://www.ferndalepd.org/
Lummi Nation Police Department
2665 Kwina Road
Bellingham, WA 98226
360-312-2000
http://www.lummi-nsn.gov/Website.php?PageID=397
Lynden Police Department
203 19th Street
Lynden, WA 98264
360-354-2828
http://www.lyndenwa.org/departments/police/
Nooksack Tribal Police Department
5061 Deming Road
Deming, WA 98244
360-592-5176
https://nooksacktribe.org/departments/law-enforcement
Sumas Police Department
433 Cherry Street
Sumas, WA 98295
360-988-5711
http://www.sumaspolice.com/
Western Washington University
Department of Public Safety
516 High Street
Bellingham, WA 98225
360-650-3911
http://www.wwu.edu/ps/police/index.shtml
Whatcom County Sheriff's Office
Public Safety Building
311 Grand Avenue
Bellingham, WA 98225
360-676-6650
http://www.whatcomcounty.us/200/Sheriff
The college will proceed with an investigation of harassment
				and discrimination complaints regardless of whether the underlying conduct is
				subject to civil criminal prosecution.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-140 - Other discrimination complaint options

Current through Register Vol. 24-14, July 15, 2024
Discrimination complaints may also be filed with the following
				federal and state agencies:
Washington State Human Rights Commission
at
				http://www.hum.wa.gov/
U.S. Dept. of Education Office for Civil Rights
at http://www2.ed.gov/about/offices/list/ocr/index.html
Equal Employment Opportunity Commission
at
http://www.eeoc.gov/
Discrimination/Harassment Complaint Form
This form is designed to assist you with filing a
				discrimination and/or harassment complaint. Please write clearly and focus on
				the alleged discriminatory and/or harassing conduct. The complaint should
				include as much information regarding the incident giving rise to the complaint
				as possible, including the location, date and time of the alleged incident(s);
				the name of the individual or group whom the complaint is against, if known; a
				description of the incident(s); and the remedy sought.
Name of person filing the complaint:
				____________________________________ Date: _______________________
Signature:
				__________________________________________________________ Date:
				_______________________
You may use the back side of this sheet if needed. Please
				return this form to the Title IX/EEO coordinator, LDC 235.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-005 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Whatcom Community College recognizes its responsibility for
				investigation, resolution, implementation of corrective measures, and
				monitoring the educational environment and workplace to stop, remediate, and
				prevent sexual misconduct and harassment as outlined in the Title IX of the
				Educational Amendments Act of 1972. This policy reflects the Department of
				Education's final rule, which went into effect August 14, 2020. Whatcom
				Community College is committed to addressing all allegations of misconduct and
				harassment, and as such the Title IX coordinator will evaluate each allegation
				to determine if it fits under the jurisdiction of this policy, this chapter, or
				chapter 132U-126 WAC.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-015 - 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 or employee 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 policy, "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 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-020 - 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 college educational
			 program or activity; and
(c) Meets
			 the definition of sexual harassment as that term is defined in this
			 policy.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-025 - Confidentiality and right to privacy

Current through Register Vol. 24-14, July 15, 2024
(1) Whatcom
			 Community College will seek to protect the privacy of the complainant and
			 respondent to the fullest extent possible, consistent with the legal obligation
			 to investigate, take appropriate remedial and/or disciplinary action, and
			 comply with the federal and state law, as well as Whatcom Community College
			 policies and procedures. Although Whatcom Community College will attempt to
			 honor requests for confidentiality, it cannot guarantee complete
			 confidentiality. Determinations regarding how to handle requests for
			 confidentiality will be made by the Title IX coordinator/designee.
(2)
Confidentiality requests and sexual
			 violence complaints:
The Title IX coordinator/designee will inform and
			 obtain consent from the complainant before commencing an investigation into a
			 sexual violence complaint. If a sexual violence complainant asks that his or
			 her name not be revealed to the respondent or that the college not investigate
			 the allegation, the Title IX coordinator/designee will inform the complainant
			 that maintaining confidentiality may limit the college's ability to respond
			 fully to the allegations and that retaliation by the respondent and/or others
			 is prohibited. If the complainant still insists that his or her name not be
			 disclosed or that the college not investigate, the Title IX
			 coordinator/designee will determine whether the college can honor the request
			 and at the same time maintain a safe and nondiscriminatory environment for all
			 members of the college community, including the complainant. Factors to be
			 weighed during this determination may include, but are not limited to:
(a) The seriousness of the alleged sexual
			 violence;
(b) The age of the
			 complainant;
(c) Whether the sexual
			 violence was perpetrated with a weapon;
(d) Whether the respondent has a history of
			 committing acts of sexual violence or has been the subject of other sexual
			 violence complaints;
(e) Whether
			 the respondent threatened to commit additional acts of sexual violence against
			 the complainant or others; and
(f)
			 Whether relevant evidence can be obtained through other means (e.g., security
			 cameras, other witnesses, physical evidence).
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-035 - Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 receiving the final investigation report from the investigator, the Title IX
			 coordinator/designee will forward the report to the decision maker, who 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 decision maker determines that
			 there are sufficient grounds to proceed under these supplemental procedures,
			 the decision maker will initiate a Title IX disciplinary proceeding by 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); and
(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 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-040 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon sending
			 the disciplinary notice, the decision maker will send a hearing notice to all
			 parties, in compliance with WAC 132U-300-090. In no event will the hearing date
			 be set less than ten days after the Title IX coordinator or designee 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 decision maker. The decision maker will then forward copies
			 to all parties.
(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 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-045 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 college's student conduct procedures, chapter 132U-126 WAC, as well as college
			 policies, practices, faculty negotiated agreements, and collective bargaining
			 agreements and this policy 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
			 or designee will appoint an advisor of the college's choosing on the party's
			 behalf at no expense to the party.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-050 - 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 decision maker or designee
			 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 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-055 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition
			 to complying with chapter 132U-126 WAC, the decision maker 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 decision maker'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 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-060 - 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 132U-126-090.
(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 or designee shall serve the final decision on the parties
			 simultaneously.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-065 - Nonretaliation, intimidation, and coercion

Current through Register Vol. 24-14, July 15, 2024
Retaliation by, for, or against any participant (including
				complainant, respondent, witness, Title IX coordinator/designee, or
				investigator) is expressly prohibited. Retaliatory action of any kind taken
				against individual(s) as a result of seeking redress under the applicable
				procedures or serving as a witness in a subsequent investigation or any
				resulting disciplinary proceedings is prohibited and is conduct subject to
				discipline. Any person who thinks he/she has been the victim of retaliation
				should contact the Title IX coordinator/designee immediately.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-325 - Environmental Policy Act rules › Section 132U-325-010 - Implementation of State Environmental Policy Act

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the policy of Community
			 College District No. 21 that all actions taken by the district shall comply
			 with the provisions of
			 chapter
			 43.21C RCW (State
			 Environmental Policy, chapters 197-10 and 131-24 WAC, as presently enacted or
			 hereafter amended.
(2) The
			 president of Community College District No. 21 shall be responsible for
			 administering and implementing this policy.
Statutory Authority:
				  RCW
				  28B.50.130 and
				  28B.50.140. 88-15-005 (Order
				  88-03), §
										132U-325-010, filed
				  7/8/88.
Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-400 - Loss of eligibility - Student athletic participation › Section 132U-400-010 - Immediate suspension

Current through Register Vol. 24-14, July 15, 2024
Student athletes found to have violated
				chapter
				69.41 RCW, Legend drugs --
				Prescription drugs, shall, upon conviction, be immediately suspended from
				participation in school-sponsored athletic events by the director of athletics.
				The period of loss of eligibility to participate will be determined by the
				director of athletics at the conclusion of a brief adjudicative hearing, to be
				commenced within twenty days of the suspension.
Statutory Authority:
				  RCW
				  28B.50.140,
				  chapters
				  34.05 and
				  69.41 RCW. 90-05-043, §
										132U-400-010, filed 2/15/90,
				  effective 3/18/90.
Washington Administrative Code › Title 132V - Tacoma Community College › Chapter 132V-11 - Tuition and fee waivers for full-time employees › Section 132V-11-010 - Tuition and fee waivers for full-time employees

Current through Register Vol. 24-14, July 15, 2024
Pursuant to the authority granted by chapter 82, Laws of 1979
				ex. sess. [regular sess.] [RCW 28B.15.535(3) ], the board of trustees of Tacoma
				Community College District 22 hereby waives tuition, operating and service and
				activities fees for full-time employees under the following conditions:
(1) Enrollment shall be on a space-available
			 basis after opportunity has been given for other students to register for
			 courses offered by the district.
(2) No new or additional courses or course
			 sections shall be created for the purpose of accommodating enrollments of
			 students enrolled on the basis of waivers under this section.
(3) Enrollment information on employees
			 enrolled on a space-available basis shall be maintained separately from other
			 enrollment information and shall not be included in official enrollment
			 reports, nor shall persons enrolled pursuant to the provisions of this section
			 be considered in any enrollment statistics which would affect budgetary
			 determinations.
(4) Computations of
			 enrollment levels, student-faculty ratio, or other similar enrollment rated
			 statistics must exclude student credit hours generated by enrollments for which
			 waivers have been granted under this section.
(5) Employees enrolling on a space-available
			 basis shall be charged a registration fee of five dollars per quarter and a
			 one-time records fee of five dollars.
(6) The number of courses per quarter for
			 which an employee may enroll pursuant to this section shall be limited to no
			 more than ten quarter hours per quarter.
(7) Employees taking tuition-free courses may
			 do so after their normal working hours. Any exception will require special
			 permission of the employee's supervising dean, and the employee will be
			 required to make up the time during the same work day.
(8) Courses taken on a tuition-free basis may
			 count as professional improvement units for academic employees provided
			 established district procedures are followed.
(9) The definition of full-time
			 administrative and professional employees, for the purposes of this act, shall
			 be as stated in district policy. The definition of full-time classified
			 employee shall be as stated in WAC 251-04-020.
Statutory Authority: RCW 28B.15.535(3) and
				  chapter
				  28B.15 RCW. 80-01-006
				  (Resolution No. 79-12), §
										132V-11-010, filed
				  12/11/79.