Washington Administrative Code Title 495B - Bellingham Technical College
Washington Administrative Code (WAC) Title 495B – Bellingham Technical College
1. Overview
WAC Title 495B contains the administrative rules governing Bellingham Technical College (BTC), a public technical college in Washington State. It is issued by the Washington State Board for Community and Technical Colleges and covers how BTC operates, student conduct, faculty procedures, campus policies, and administrative processes.
The WAC is legally binding for BTC as long as it aligns with state law (Revised Code of Washington – RCW) and the Administrative Procedure Act (RCW 34.05).
Key Areas Covered
Governance and administrative organization
Student rights, conduct, and disciplinary procedures
Faculty and staff rules
Tuition, fees, and scholarships
Campus facilities and property use
Public records access and FERPA compliance
Parking and traffic regulations
2. Governance and Organization
BTC is governed by a Board of Trustees, typically appointed by the Governor. The board has authority to:
Hire the president of BTC
Approve budgets, policies, and rules
Ensure compliance with state laws and regulations
The president manages day-to-day operations, while administrative rules ensure transparency, accountability, and fairness in college management.
3. Student Conduct and Discipline (WAC 495B‑121)
This section establishes rules for student behavior and the disciplinary process.
Key Rules
Students must behave responsibly on campus and in activities related to the college.
Disciplinary procedures follow principles of due process:
Students must receive written notice of alleged violations.
Students have the right to a hearing or appeal.
Decisions must be based on evidence and consistent with WAC rules.
Purpose
Maintain a safe learning environment
Protect the rights of students and staff
Ensure fair, consistent application of rules
Case Law Context
Courts in Washington have held that public colleges must follow their own rules and provide procedural fairness when disciplining students.
Example: In cases like Arishi v. Washington State University, the court emphasized that students are entitled to notice and a fair hearing under the Administrative Procedure Act (APA).
Key principle: Administrative rules like WAC 495B must be consistent with statutory law and must not violate fundamental fairness.
4. Education Records and FERPA (WAC 495B‑280)
BTC must comply with the Family Educational Rights and Privacy Act (FERPA), ensuring student privacy regarding educational records.
Key Rules
Students may review their education records.
Students may request corrections if records are inaccurate or misleading.
Disclosure of student records is restricted except under certain conditions, like consent or legal requirement.
Purpose
Protect student privacy
Ensure students have control over access to their own educational records
5. Public Records and Transparency
BTC must comply with the Washington Public Records Act, meaning that records held by the college (e.g., emails, administrative decisions) are accessible to the public unless specifically exempted.
Purpose
Promote accountability
Allow transparency in college governance
Ensure proper recordkeeping
Case Law Context
Courts enforce public records and administrative rules strictly. If BTC fails to follow WAC procedures for records requests or student discipline, a court may require corrective action.
6. Tuition, Fees, and Scholarships
WAC 495B sets policies for tuition, fees, and other student charges.
Scholarships, when offered, must comply with state law and internal procedures.
Students are responsible for understanding WAC rules about tuition deadlines and fee disputes.
7. Administrative Procedure and Legal Authority
BTC rules are subject to:
RCW 28B.10.140 – authority for higher education rules
RCW 34.05 – Administrative Procedure Act (APA) – ensures procedural fairness in hearings
RCW 42.30 – Open Meetings Act – governs board meetings
APA Requirements for BTC
Proper notice of hearings or actions
Opportunity to be heard
Decisions based on evidence
Right to appeal adverse decisions
Relevant Case Law
Washington courts consistently enforce APA procedural requirements in the context of student discipline.
Courts review whether the college followed its WAC rules and provided fair notice and opportunity to respond.
Failure to follow proper procedure can result in a ruling to redo disciplinary actions or reverse administrative decisions.
8. Summary and Practical Implications
For Students:
Know the conduct code and WAC rules.
You have rights to notice, hearings, and appeals in disciplinary actions.
FERPA gives you access and control over educational records.
Public records rules allow transparency regarding college governance.
For College Staff:
Must follow WAC rules carefully to ensure compliance with state law.
Decisions that violate WAC or APA may be overturned by courts.
Must document procedures to show fairness and consistency.
Bottom Line
WAC Title 495B ensures that BTC operates fairly, transparently, and according to Washington law. While BTC has some discretion, courts will enforce rules requiring procedural fairness, notice, and opportunity to be heard in student and administrative matters. Understanding WAC 495B is essential for navigating student rights, disciplinary processes, and college operations.
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