Washington Administrative Code Title 132Q - Spokane, Community Colleges of

📘 Overview: WAC Title 132Q – Spokane, Community Colleges of

WAC Title 132Q contains the administrative rules governing the Community Colleges of Spokane (CCS), which includes:

Spokane Falls Community College (SFCC)

Spokane Community College (SCC)

This title is part of the broader Washington Administrative Code, and its rules are authorized by state law under RCW Title 28B, which governs higher education institutions in Washington.

The Board of Trustees for CCS oversees the enforcement and modification of these rules. Title 132Q outlines how the colleges function in areas such as:

Student conduct

Campus facilities

Academic integrity

Public records

Non-discrimination and Title IX compliance

Campus safety and security

Use of technology

Administrative procedures

🔍 Key Areas Covered Under WAC Title 132Q

1. Student Conduct Code (Chapter 132Q-10)

This is one of the most important chapters. It governs student behavior, disciplinary procedures, and appeals. It includes:

Definitions of misconduct (e.g., academic dishonesty, harassment, disruption)

Disciplinary sanctions (warnings, suspension, expulsion)

Due process protections

Hearing procedures (student conduct boards, appeals)

🔹Legal Principles:

Due Process: Students facing suspension or expulsion are entitled to notice and a hearing.

First Amendment: The colleges must balance student expression with maintaining order.

🔹Case Example (Analogous): Fellheimer v. Middlebury College (3rd Cir. 1994)

While not a Washington case, this federal appellate case emphasized that even private colleges must offer basic procedural due process during disciplinary actions. Public institutions like Spokane’s community colleges are even more strictly bound by constitutional due process.

2. Facility Use for First Amendment Activities (Chapter 132Q-136)

This chapter governs use of college facilities for speech, assembly, and expression, including:

Designated public forum areas

Time, place, and manner restrictions

Procedures for requesting space for events

Prohibited activities (e.g., obstructing traffic, disrupting classes)

🔹Legal Context:

Colleges may regulate “time, place, and manner” of speech, but cannot discriminate based on content.

🔹Case Example: Prigmore v. City of Spokane (Hypothetical)

A student group might challenge a denied request to hold a rally on campus. If the college had content-based restrictions, a court could find a First Amendment violation.

3. Non-Discrimination & Title IX Compliance (Chapter 132Q-276, 132Q-300)

These rules cover:

Prohibition of discrimination based on race, sex, religion, disability, etc.

Title IX procedures for sexual harassment and assault

Requirements for investigators, hearing procedures, and appeals

Accommodations for students with disabilities

🔹Legal Context:

Colleges must comply with federal laws such as:

Title IX

Section 504 of the Rehabilitation Act

Americans with Disabilities Act (ADA)

Failure to follow proper Title IX grievance procedures can lead to liability or federal sanctions.

🔹Case Example (Relevant Context): Doe v. University of the Pacific (2020)

In this California case, the court ruled that inadequate notice and biased procedures in a Title IX investigation violated the student’s due process rights. Washington colleges must ensure neutrality and fairness in all such procedures.

4. Academic Integrity and Appeals

Though often addressed in the student conduct code, academic integrity has specific emphasis:

Definitions of plagiarism, cheating

Instructor authority

Appeal rights for academic sanctions

Colleges must clearly communicate policies and provide appeal processes.

5. Campus Safety and Emergency Procedures

Rules exist for:

Emergency notifications

Clery Act compliance

Behavioral threat assessment teams

Safety escorts, lockdown protocols

Failure to follow federal mandates (like timely warnings) can expose the institution to liability.

6. Technology Use Policy

Covers acceptable use of:

Campus networks

Student and faculty email

Online learning systems

Violations may be grounds for disciplinary action, including suspension of access.

7. Public Records Requests (Chapter 132Q-276)

Community Colleges of Spokane, as a public entity, must comply with the Washington Public Records Act. This chapter includes:

How to request records

Fees for copies

Exemptions (e.g., FERPA-protected student information)

Failure to comply may result in civil penalties under state law.

⚖️ Legal Framework and Enforcement

WAC Title 132Q rules must comply with:

Washington State law (RCW Title 28B)

Federal constitutional protections

Administrative Procedure Act (APA) standards

When challenged, courts will evaluate whether CCS followed:

Statutory authority

Procedural due process

Non-discrimination and equal protection

Freedom of speech and association

🧑‍⚖️ Judicial Review & Enforcement Principles

If a student, employee, or visitor challenges an action based on Title 132Q, courts may review the decision for:

PrincipleExplanation
Due ProcessWere notice and opportunity to respond provided?
Substantial EvidenceWas the decision supported by factual findings?
Constitutional RightsWere rights to speech, privacy, or nondiscrimination violated?
Fairness/ImpartialityWas there bias or conflict of interest in the process?

📝 Summary

WAC Title 132Q provides the legal and procedural framework for how the Community Colleges of Spokane operate in key areas such as:

Student discipline and due process

Campus safety and emergency management

Academic integrity

Facility use and speech rights

Discrimination and accessibility compliance

Public records and transparency

The rules aim to ensure a safe, fair, and legally compliant environment for education and campus life.

Courts reviewing actions under these rules apply constitutional standards like due process and freedom of expression, and expect adherence to administrative fairness.

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