[Wsssc] FW: Model Codes

Jack Huls JHuls at pencol.edu
Thu Jul 30 08:32:28 PDT 2020


Good morning colleagues,

Here are all of the Student Conduct Code and Title IX documents. Dave Pelkely will also post these to Canvas.

PC is one of the schools that has to update our code (from the 2014 model code), and it has not been too burdensome of a lift. It has been mostly copying and pasting revised sections and rescinding the sections being replaced almost verbatim. There was some additional minor editing that made the work a bit more tedious, but we are almost ready to submit our redlined and clean version of the updated code.

We heard in our conversation with Bruce that the RCW that states the code is "good" once is in conflict with the code revision office that states it must be in the final official format before it can be accepted. I reported yesterday that we heard it was going to take one to two weeks for that process, but we also heard one person state it took 30 minutes.

So what to do? I suggest just doing all you can with what you can do regarding the following:


1.       Updated code and have ready to present that for Board approval sometime before August 14.

2.       Submit your redlined and clean copies of revised code to coding office and get the OTS typesetting work rolling.

3.       Submit the final approved code on August 14 assuming there is nothing the injunction is not held up sometime before the 14th.

I hope to gain some additional clarity on the process once we submit our final documents to the coding office. I will pass along anything I learn.

Let me know if I offer any additional help.

Hope you all have a great Thursday!

-Jack

Jack Huls
Vice President for Student Services
Peninsula College

P.S. I did not wade into the guidance on Title IX as I do not believe I can add any clarity. With that said, we are considering rescinding our Title IX WAC's since the new guidance from the AAG's office indicates this is an option.



From: Joe Holliday [mailto:jholliday at sbctc.edu]
Sent: Wednesday, July 29, 2020 7:01 AM
To: Jack Huls <JHuls at pencol.edu>
Subject: FW: Model Codes
Importance: High


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.
Jack: here are Bruce's revisions all in one place. I will call your cell at 8:30 in case you are available (see my previous email about schedule conflict at 4:00).

                             [Joe]
[Compass]

Joe Holliday

Director, Student Services

Washington State Board for Community and Technical Colleges

jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>* o: 360-704-4334 * f: 360-704-4418

sbctc.edu<https://www.sbctc.edu/> * Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> * Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>

SBCTC Vision:

"Leading with racial equity, our colleges maximize student potential and transform lives within a culture of belonging that advances racial, social, and economic justice in service to our diverse communities."



From: Marvin, H. Bruce (ATG) <HBruce.Marvin at atg.wa.gov<mailto:HBruce.Marvin at atg.wa.gov>>
Sent: Tuesday, July 28, 2020 5:06 PM
To: Joe Holliday <jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>>
Subject: FW: Model Codes
Importance: High

One minor edit.

_____________________________________________
From: Marvin, H. Bruce (ATG)
Sent: Tuesday, July 28, 2020 4:57 PM
To: Joe Holliday <jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>>
Subject: Model Codes


Joe,

Here are the various model codes all in one email.

Grievance Procedures

If possible, Colleges should adopt the Model TIX Grievance Procedures and amend the definitions of harassment, sexual harassment and sexual violence in their current Discrimination Grievance Procedures to conform to the definitions in the Model Grievance procedures by August 14.  Changes to the Discrimination Grievance Procedures beyond the revising the sexual harassment definitions are not necessary to comply with the new Title IX rule.

Although many colleges have published their grievance procedures in the Washington Administrative Code (WAC), publication is not required.  If your college has the grievance procedure WAC'd, you will want to either adopt the Title IX grievance procedures as a WAC through emergency and formal rulemaking, or rescind the Grievance Procedure rules and adopt both the rescinded grievance procedures and the Title IX grievance procedures as a college policy/procedure.

Student Conduct Codes and Procedures

Student Conduct rules and procedures must be adopted in the WAC and, therefore, emergency and formal rulemaking will be required.  The Model Student Conduct Code below contains revisions to the definition of sexual misconduct that will align the code with the supplemental Title IX procedures.  I have also attached Model Student Conduct Procedures from 2017 that incorporate earlier supplemental sexual misconduct procedures.

Title IX Employee Disciplinary Procedure

Employee disciplinary procedures are not required to be submitted to formal rulemaking and, therefore, can be adopted at regular college policies/procedures.  Because these procedures impact working conditions, they will the subject of bargaining with represented employees.



Miscellaneous Documents


I believe that the definitions on the back of the intake sheet are consistent with the definitions in the Title IX procedure.  The definitions for the non-Title IX misconduct probably may differ from college to college so I would recommend that each college review and, if necessary, customize the definitions to conform to the definitions the college has adopted in its policies and procedures.

Good luck everyone!

H. Bruce Marvin
Assistant Attorney General
Education Division - Seattle
800 5th Avenue
Seattle, WA  98104-3188

206 464-5814
Cell 206 858-2250



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