Washington Administrative Code Title 132U - Whatcom Community College

🏛️ Washington Administrative Code – Title 132U

Governing Body: Whatcom Community College Board of Trustees

🔹 1. Overview

Title 132U of the Washington Administrative Code (WAC) contains the rules and policies governing Whatcom Community College (WCC). These administrative regulations are created and maintained by the WCC Board of Trustees under the authority granted by the Revised Code of Washington (RCW) Chapter 28B.50, which governs Washington’s community and technical college system.

These rules have the force of law and cover areas such as:

Student conduct and discipline

Campus safety

Public records

Facility usage

Administrative procedures

Tuition and fees

🔹 2. Legal Authority

The WCC Board derives its rulemaking power from:

RCW 28B.50.140 – Grants each community college board the authority to adopt rules and regulations for the government of their respective institutions.

RCW 34.05 – The Washington Administrative Procedure Act, governing how administrative rules are adopted and enforced.

All WAC rules must comply with these enabling statutes.

🔹 3. Major Chapters in Title 132U

Let’s go through the most important sections:

📘 Chapter 132U-120: Student Conduct Code

This is one of the most critical chapters for students and administrators.

Purpose: To maintain a safe, respectful learning environment and outline student rights and responsibilities.

Key Provisions:

Prohibited Conduct: Academic dishonesty, harassment, assault, illegal drug use, disruption of college operations.

Disciplinary Actions: Warning, probation, suspension, expulsion.

Due Process: Students are entitled to notice of charges, an opportunity to be heard, and a fair appeals process.

Title IX Compliance: Includes provisions related to sexual misconduct, stalking, and gender-based harassment.

📘 Chapter 132U-276: Public Records

Purpose: Ensures public access to college records under the Washington Public Records Act (RCW 42.56).

Key Provisions:

Request procedures

Response timelines

Exemptions (e.g., student records, personnel files)

Charges for copies

This chapter reflects Washington’s strong commitment to transparency in public institutions.

📘 Chapter 132U-140: Use of College Facilities

Purpose: Establishes rules for internal and external use of college spaces (meeting rooms, auditoriums, grounds, etc.)

Key Provisions:

Facility use must not disrupt college operations.

Commercial use is generally restricted.

Free speech zones and protest rules are included.

Student groups have priority access, with guidelines for third-party usage.

📘 Chapter 132U-150: Parking and Traffic Rules

Purpose: Regulates motor vehicle traffic and parking on campus.

Key Provisions:

Parking permits

Designated parking areas

Fines and penalties for violations

Appeal procedures

These rules support campus safety and order.

🔹 4. Enforcement and Appeals

Violations of WAC Title 132U (especially under the Student Conduct Code) follow a disciplinary process managed by the Student Conduct Officer or designated hearing boards.

Students and employees have the right to:

Receive a written notice of violations

Present evidence

Be represented

Appeal decisions to the college president or a disciplinary review board

🔹 5. Relevant Case Law Involving WAC Title 132U or Community Colleges

Though specific case law referencing WCC's Title 132U is rare, Washington courts have addressed key principles applicable to all community college codes, including:

⚖️ Case 1: Arishi v. Washington State University, 2005 (analogous application)

Facts: A student challenged disciplinary action on due process grounds.

Holding: The court held that students at public colleges have protected property and liberty interests in their education, meaning disciplinary procedures must comply with constitutional due process.

Relevance to 132U: Confirms the legitimacy and importance of procedural protections outlined in WAC 132U-120.

⚖️ Case 2: Clark v. Community College District No. 3, 1998

Facts: A dispute over denial of access to college records under the Public Records Act.

Holding: The court ruled in favor of transparency and held that community colleges are subject to the same disclosure obligations as other state agencies.

Relevance to 132U-276: Reinforces the need for Whatcom to comply with public records laws, including response times and justifications for redactions.

⚖️ Case 3: Doe v. Bellevue College, 2019 (Title IX-based case)

Facts: Student challenged the college’s Title IX disciplinary procedures.

Holding: Court emphasized that colleges must follow clearly published policies and provide meaningful opportunities to respond to allegations.

Relevance to WAC 132U-120: Any student discipline involving harassment, assault, or Title IX allegations must follow both state law and federal guidance (due process + nondiscrimination).

🔹 6. Practical Applications

AreaApplication
Student ConductIf a student is accused of cheating, the college must follow due process rules under WAC 132U-120.
Free SpeechA protest must be held in designated areas and not disrupt classes (WAC 132U-140).
Parking TicketThe student can appeal the fine under the procedures in WAC 132U-150.
Public RecordsA citizen can request faculty salary data, and WCC must respond per WAC 132U-276.

🔹 7. Summary

WAC Title 132U provides the legal and procedural foundation for operating Whatcom Community College in accordance with Washington state law. The rules ensure:

Fairness in student discipline

Access to public records

Orderly and safe use of facilities

Compliance with state transparency laws

Respect for constitutional rights (due process, free speech)

The courts have upheld the authority of public colleges to enforce these rules, so long as procedures are fair and consistent with state and federal law.

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