[Wsssc] Model Conduct Code Work Group Update

Jack Huls JHuls at pencol.edu
Wed Jul 22 17:42:46 PDT 2020


Hello Colleagues,

Below is an outline of the process for updating your codes with the new Title IX rules. The work group continues the review and revision exercise for the 2020 model code in collaboration with Bruce and the AAG’s office.


1.       Update your WAC Model Conduct Policy/Procedure document to the 2020 version that includes new supplemental Title IX rules (those colleges that did not update their codes to 2017 version will need to at least rescind the supplemental sexual misconduct procedures and insert new Title IX procedures as supplemental). *The final 2020 version with supplemental Title IX procedures and all minor edits will be forwarded as soon as it is completed.

2.       Hold an emergency Board of Trustees meeting to secure Board approval for the updated conduct policy with the new Title IX rules.

3.       File emergency code form (CR-103E) with updated conduct code to State coding office by August 14.

Per Bruce’s message below, the emergency code is considered effective upon filing. The formatting process will likely involve some back-and-forth and when we checked last week, it was taking 1-2 weeks for the formatting process to be finalized. The good news is in Bruce’s message below.

Considerations/implications:


1.       If you have a significant amount of redlining to do, you may want to just submit your conduct code as an entirely new chapter and rescind the existing chapter.

2.       For those of you that are still under the 2014 model code with your WAC ( you would know if you have a supplemental sexual misconduct procedure section), you may want to incorporate this into the main section of your code. This was done in the 2017 version.

3.       All necessary documents are available in the attachment and am copying Joe and Nanette to post on WSSSC site (if not already)

4.       Minor edits/updates to 2017 code will be included in the 2020 model code (e.g., definitions)

See you all tomorrow morning,

Jack


Jack Huls
Vice President for Student Services
Peninsula College




From: Marvin, H. Bruce (ATG) [mailto:HBruce.Marvin at atg.wa.gov]
Sent: Wednesday, July 15, 2020 9:37 AM
To: Jack Huls <JHuls at pencol.edu<mailto:JHuls at pencol.edu>>
Cc: Dodd, Cathy W. (ATG) <cathy.marshall at atg.wa.gov<mailto:cathy.marshall at atg.wa.gov>>
Subject: RE: Question: C103E Process re Student Conduct Code - WAC 132A-125

Jack,

RCW 34.05.350(2) provides that an emergency rule is effective upon filing with the Code Reviser’s Office.   I am sure that the Code Reviser would prefer to receive rules that meet particular formatting requirements and I know that they provide a formatting service for proposed rules.  I don’t believe, however, that emergency rules necessarily need to meet these formatting requirements in order to be filed.  My experience is that the Code Reviser’s office is very helpful with these technical issues and I would recommend that you follow up with them for their recommendations.  If they claim that emergency rules will not be effective unless they have been formatted by the Code Reviser’s Office, then we may want to discuss this issue further.

Bruce
Attorney-Client Privileged Communication
Unless otherwise specifically indicated, the information contained in this e-mail message is an attorney-client communication and/or attorney work product and is, therefore, intended only for the review and use of the above-named person(s). If you are not the intended recipient of this e-mail, any distribution, dissemination, or copying is strictly prohibited. If you believe you are not the intended recipient, please notify the sender by calling (206) 464-5814.
H. Bruce Marvin
Assistant Attorney General
Education Division
800 Fifth Ave. #2000
Seattle, WA 98104-3188

206 464-5814
Cell 206 858-2250




From: Jack Huls <JHuls at pencol.edu<mailto:JHuls at pencol.edu>>
Sent: Wednesday, July 15, 2020 9:17 AM
To: Marvin, H. Bruce (ATG) <HBruce.Marvin at atg.wa.gov<mailto:HBruce.Marvin at atg.wa.gov>>
Cc: Dodd, Cathy W. (ATG) <cathy.marshall at atg.wa.gov<mailto:cathy.marshall at atg.wa.gov>>
Subject: FW: Question: C103E Process re Student Conduct Code - WAC 132A-125

Hi Bruce,

Before I forward the process information below to the Student Services Commission, I would like to get your feedback on probable challenges regarding the timeline of the process. If it takes a week or two to get redline version back from OTS, and we do not get ours back before our August 11 Board meeting, can we present the “redlined” version to our Board for adoption? Something that has a conditional element like this is subject to any final technical tweaks from OTS that are technical/formatting but not substantive?

It seems like it would be prudent to do something like I am suggesting above to ensure process does not get held up for procedural/technical reasons.

I am concerned if we do not build in some kind of base-covering condition around having to wait for OTS to get the final format back to us, many colleges may not be able to meet the August 14 submission timeline (and having something in place to proceed with Board meeting and present “final” minus the final format approved by OTS).

Thoughts and suggestions?

Jack

From: Kelly Griffith
Sent: Wednesday, July 15, 2020 7:29 AM
To: Jack Huls <JHuls at pencol.edu<mailto:JHuls at pencol.edu>>
Subject: Fwd: Question: C103E Process re Student Conduct Code - WAC 132A-125


Good morning, Jack!  Please see Jennifer’s response below.  We’ll need to submit redline to OTS for formatting in the next week Or so (ideally) for formatting and return.  Board retreat is 8/11 and we should be ready to e-file shortly thereafter.

kg
Sent from my iPhone

Begin forwarded message:
From: "Meas, Jennifer" <Jennifer.Meas at leg.wa.gov<mailto:Jennifer.Meas at leg.wa.gov>>
Date: July 15, 2020 at 7:19:39 AM PDT
To: Kelly Griffith <KGriffith at pencol.edu<mailto:KGriffith at pencol.edu>>
Subject: RE:  Question: C103E Process re Student Conduct Code - WAC 132A-125


WARNING: This email originated outside of Peninsula College. DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Good morning, Kelly.


  1.  Yes, Peninsula is registered for efiling under PFischer at pencol.edu<mailto:PFischer at pencol.edu> (this is the email account which will receive the official stamped copy back but you may send your filing from any account).
  2.  Correct – No CR-101 (nor 102) filed for the emergency.
  3.  OTS asks for 2 weeks turnaround but unless text/changes is very large, is likely back within a week.
  4.  Correct – You’ll get back pdf versions of both and the CR form will have a stamp.
  5.  Yes. I recommend filing the CR-101 at the same time (or very soon) to get the clock started on permanent process. You can always take longer in the steps but cannot speed up the process once started.

Sounds like you have a good grasp on the process already. Just reach out any time if you have questions. Thank you and have a great day.
Jennifer Meas, Editor
Washington State Register
Jennifer.Meas at leg.wa.gov<mailto:Jennifer.Meas at leg.wa.gov>
360-786-6697



From: Kelly Griffith <KGriffith at pencol.edu<mailto:KGriffith at pencol.edu>>
Sent: Tuesday, July 14, 2020 8:34 PM
To: Meas, Jennifer <Jennifer.Meas at leg.wa.gov<mailto:Jennifer.Meas at leg.wa.gov>>; radcliff.Kerry at leg.wa.gov<mailto:radcliff.Kerry at leg.wa.gov>
Cc: Kelly Griffith <KGriffith at pencol.edu<mailto:KGriffith at pencol.edu>>
Subject: Question: C103E Process re Student Conduct Code - WAC 132A-125
Importance: High

Hi Jennifer and Kerry:

I haven’t filed anything with the Register’s Office since 2017 and wanted to confirm that I’m clear on the process.  Please let me know if the steps below encompass the procedure for filing an Emergency Adoption.  Our deadline for filing is August 14, 2020.


  1.  Can you please confirm that the Peninsula College Electronic Filing Letter is on the record.  (Should be as it was filed in 2017)
  2.  A Form C101 should not be used when using an Emergency Adoption.
  3.  The redline/changed text should be submitted to OTS in Word for formatting and return.  What is the turnaround time?
  4.  C103 with word version and OTS version are sent via email to the Register’s Office for official filing.  You will send a confirmation and date receipt.
  5.  It’s effective for 120 days after the filing date, and we can then follow up with the process of permanent adoption

Please let me know if I’ve left anything out and/or if there are specific timeframes for certain steps to be completed.

Thank you very much for your assistance.

Kelly Griffith
Executive Assistant to the President
Peninsula College
Cell:  425-239-6248

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