Archive of Rule-Making Proposals
September- February 2022
Lower Columbia College filed an Emergency Rulemaking proposal to amend chapter 132M-126-115,
132M-126-145, & 132M-126-155 WAC to meet new case law and guidance from the Department
of Education regarding the federal regulations for Title IX of the Education Amendments
of 1972 (Title IX) that specify how recipients of Federal financial assistance covered
by Title IX, including postsecondary institutions, must respond to allegations of
sexual harassment consistent with Title IX’s prohibition against sex discrimination.
The college received approval of emergency rule making from the Board of Trustees
at their September meeting and followed the permanent rule making process to amend
the WACs. A Preproposal Statement of Inquiry was filed with the Office of the Code
Reviser on October 13, 2021 and published in the Washington State Register #21-21-044.
A Proposed Rule Making Form was filed with the Office of the Code Reviser on December
13, 2021 and published in the Washington State Register #22-01-121. An extension of
the emergency rule was needed to complete the formal rulemaking process. The Emergency
Rule was approved by the college Board of Trustees at their January meeting, was filed
with the Office of the Code Reviser on January 21, 2022 and published in the Washington
State Register #22-04-014. A Public Hearing was held at the February Board of Trustees
Meeting and, after adoption by the board, the Permanent Rule-Making Order was filed
with the Office of the Code Reviser on February 16, 2022 and published in the Washington
State Register #22-05-102.
March-July 2021
Lower Columbia College filed a Permanent Rulemaking proposal to repeal WAC 132M-113
Access to Student Records and WAC 132M-160 Admission, Registration, Graduation and
replace with College policy and procedures as they are duplicative of college policies,
State Board for Community and Technical College rules, and Federal Laws. A Preproposal
Statement of Inquiry was filed with the Office of the Code Reviser on March 22, 2021
and published in the Washington State Register #21-07-102. A Notice of Proposed Rule
Making was filed with the Office of the Code Reviser on May 26, 2021 and published
in the Washington State Register #21-12-053. After board adoption, a Permanent Rule-Making
Oder was filed with the Office of the Code Reviser on July 28, 2021 and published
in the Washington State Register #21-16-052
Lower Columbia College filed a Permanent Rulemaking proposal to repeal WAC 132M-104-010
Rule on Regular Meeting for Board of Trustees due to it being duplicative and in part
inconsistent with the Open Public Meetings Act (RCW 42.30.075). A Preproposal Statement
of Inquiry was filed with the Office of the Code Reviser on March 31, 2021 and published
in the Washington State Register #21-08-032. A Notice of Proposed Rule Making was
filed with the Office of the Code Reviser on May 26, 2021 and published in the Washington
State Register #21-12-054. After board adoption, a Permanent Rule-Making Oder was
filed with the Office of the Code Reviser on July 28, 2021 and published in the Washington
State Register #21-16-051
Lower Columbia College filed a Permanent Rulemaking proposal to make grammatical and
formatting changes to WAC 132M-108-020 Brief Adjudicative Procedure. The WAC needed
minor grammatical and formatting corrections, along with clarification that this WAC
applies to appeals pursuant to any other formal rule adopted by the college which
specifically provides for a brief adjudicative procedure. A Preproposal Statement
of Inquiry was filed with the Office of the Code Reviser on March 31, 2021 and published
in the Washington State Register #21-08-032. A Notice of Proposed Rule Making was
filed with the Office of the Code Reviser on May 26, 2021 and published in the Washington
State Register #21-12-054. After board adoption, a Permanent Rule-Making Oder was
filed with the Office of the Code Reviser on July 28, 2021 and published in the Washington
State Register #21-16-051
December 2020
The U.S. Department of Education released final regulations governing how institutions
that receive federal financial assistance covered by Title IX must respond to allegations
of sexual harassment. To comply, Lower Columbia College must repeal and replace the
Code of Student Conduct. The Board approved emergency rules in a special meeting in
August and again at the regular board meeting in November. Lower Columbia College
must repeal and replace chapter 132M-125 WAC to meet new federal regulations for Title
IX of the Educational Amendments of 1972 (Title IX) that specify how recipients of
federal financial assistance covered by Title IX, including post-secondary institutions,
must respond to allegations of sexual harassment consistent with Title IX's prohibition
against sex discrimination. In addition, other revisions to the Code of Student Conduct
are necessary to address changes in case law, and align with the new processes and
changes in practice for Student Conduct. A model code of student conduct has been
drafted by the Attorney Generals Office to ensure consistent and accurate procedures
across the Washington State Community and Technical College system. WAC 132M-300 Discrimination
and harassment sections should be repealed as it is not necessary to address these
matters through WAC and they should instead be replaced as college policies and procedures.
A public hearing was held at the December regular Board of Trustees meeting on the
adoption of the new Code of Student Conduct including Supplemental Title IX Student
Conduct Procedures (WAC 132M-126) and repeal of WAC 132M-300 proposed and published
in the Washington State register #20-22-094. A Notice of Proposed Rule Making was
filed with the Office of the Code Reviser on November 20, 2020 and published in the
Washington State Register #20-24-031. After board adoption, a Permanent Rule-Making
Oder was filed with the Office of the Code Reviser on December 17, 2020 and published
in the Washington State Register #21-01-145.
August 2020-November 2020
Lower Columbia College filed an Emergency Rule Making Order and then Permanent Rule
Making Order amending chapter 132M-125 WAC to meet new federal regulations for Title
IX of the Education Amendments of 1972 (Title IX) that specify how recipients of Federal
financial assistance covered by Title IX, including postsecondary institutions, must
respond to allegations of sexual harassment consistent with Title IX's prohibition
against sex discrimination. An extension of the Emergency Rule Making Order was also
filed.
February 2018
Lower Columbia College filed a pre-proposal statement of inquiry to repeal WAC 132M-136
and replace it with new WAC sections Title 132M139 – Facility Use for First Amendment
Activities, and 132M-141 Facility Use for Other than First Amendment Activities.
Lower Columbia filed notice of proposed rule-making to repeal WAC 132M-136 and replace
it with new WAC sections Title 132M-139 Facility Use for First Amendment Activities,
and 132M-141 Facility Use for Other than First Amendment Activities.
January 2018
Lower Columbia College filed a pre-proposal statement of inquiry to update Chapter
132M-110, Public Records Disclosure policy, with changes recently enacted through
state legislature, and to make corrections that reflect the new fee schedule, new
definitions, request procedure, clarification when a request is unclear, and current
statute citation.
Lower Columbia College filed notice of proposed rule-making to update Title 132M-110
WAC Public Records Disclosure Policy.