Board of Trustees Meeting Monday, May 10, 2021 2:30 pm to ...

1 Public comment is limited to matters which are not of a quasi-judicial nature. No more than six speakers may address the Board on any one subject. If there are both proponents and opponents of a matter who wish to speak, only the first three persons speaking in favor of the matter and the first three persons speaking in opposition of the matter may address the Board.

Board of Trustees Meeting

Monday, May 10, 2021 2:30 pm to 4 pm

Zoom Link Meeting ID: 823 7047 3219

Passcode: 867583 Phone: 253-215-8782

Board of Trustees Meeting

Land Acknowledgment Anne Hamilton

Roll Call Anne Hamilton Consent Calendar: Anne Hamilton 3

• Approval of Agenda • Minutes, April 12, 2021

General Discussion

Public Comments: Individuals may sign in for public comment, Anne Hamilton limited to 3 minutes each1 Introduction of New Employees Dr. Amy Morrison Reports to the Board

Associated Student Government ASG Representative

President Dr. Amy Morrison

Board Chair Update Anne Hamilton

Trustees Activities Update Trustees

Foundation Liaison Update Laura Wildfong

Financial Summary Bruce Riveland 8

Federation of Teachers Dr. Andrea Westman

Federation of Classified Staff Heidi Davis

https://lwtech.zoom.us/j/82370473219?pwd=VGxrQklGTTJmVXpTVDRZQXZOWEMzUT09

1 Public comment is limited to matters which are not of a quasi-judicial nature. No more than six speakers may address the Board on any one subject. If there are both proponents and opponents of a matter who wish to speak, only the first three persons speaking in favor of the matter and the first three persons speaking in opposition of the matter may address the Board.

Administration Executive Cabinet 13 Actions

Item 1078: Policy Chapter 2 (second read) Meena Park 31

Item 1079: Policy Chapter 3 (second read) Meena Park 86

Item 1080: Policy Chapter 5 (second read) Dr. Ruby Hayden 106

Item 1081: Policy Chapter 4 (first read) Dr. Suzanne Ames 201

Item 1082: Classified Bargaining Agreement Meena Park 222 Executive Session

The Board of Trustees may convene to an Executive Session to discuss matters covered under RCW 42.30.110, which may include:

1. To evaluate the performance of a public employee(s) 2. To discuss with legal counsel representing the agency litigation matters 3. To discuss and consider real estate acquisition 4. To plan or adopt the strategy or position to be taken by the governing body during the

course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or review the proposals made in the negotiations or proceedings while in progress.

Action from the Executive Session may be taken in Regular Session, if necessary, as a result of items discussed in the Executive Session. Adjournment

April 12, 2021 Board of Trustees Meeting 4 p.m. to 6 p.m. Zoom Meeting

The study session was called to order at 4:02 p.m. Director of Communications and Marketing, Leslie Shattuck, began the study session with a discussion on the 2021 Open House. Assistant Director of Recruitment & Outreach, Casey Melnrick, provided a more detailed presentation on the decision-making process for the online 2021 Open House on an LWTech “micro-website”. The event will be for three days and highlight different programs and support services each day. Additionally, we have purchased a new software that will allow for a true virtual tour experience. Dr. Suzanne Ames presented on the new Diversity and Social Justice Requirement in Instruction. Discussion ensued with the Trustees related to concepts of social justice, international students, and opportunities for learning. President Morrison presented draft agenda items for the May Retreat, and also suggested that the May retreat might be a shorter time frame, with a possible in-person retreat in September for additional training. Trustee Mitsunaga requested a return to individual Trustee goals for the 2021-2022 year. Chair Hamilton concurred. Trustee Malte requested a topic in September be a discussion about long-term plans for education delivery methods, as the September retreat would be more strategic in nature. Trustee Mitsunaga also requested consideration of Trustee succession planning. Trustee Wildfong requested time in September regarding the mission fulfillment plan process; Chair Hamilton recalled discussing the need for EDI training in September as well. We will provide an updated May agenda and a draft September agenda for the next meeting. The meeting was called to order at 4:47 p.m. Chair Hamilton read the LWTech Land Acknowledgment. Roll Call Board of Trustees: Anne Hamilton (Chair) Laura Wildfong Derek Edwards Bob Malte (Vice Chair) Darrell Mitsunaga

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Lake Washington Institute of Technology Board of Trustees Meeting April 12, 2021 2 LWTech Faculty, Staff, Students, and Community Members: Dr. Amy Morrison Dr. Suzanne Ames Robert Britten Cathy Copeland Elsa Gossett Dr. Ruby Hayden Chris McLain Bruce Riveland

Leslie Shattuck Elisabeth Sorensen Alisa Shtromberg Andrea Westman Aparna Sen Casey Melnrick Cicilia Fidelis Campos Diandra Dunham Doug Emory

Lauren Cline Michael Richmond Sheila Walton Tuan Dang

Associated Student Govermnent (ASG) Student Report: ASG Representative Cicilia Fidelis Campos shared that ASG has held several online events. Additional projects were shared (see notes attached to the minutes), including that the ASG hiring process is underway for new ASG officers. President Morrison shared:

- A Legislative Update, including that the House and Senate budgets were very good to the colleges

- Supports for Guided Pathways were above and beyond our funding - Policy Legislation included passage of two bills that added additional tenure-track

employees for the CTC system, and also funding for DEI training and implementation. - The Capital budget still needs work in the House; they have only funded half of the

Governor’s requested capital budget projects. - Winter Quarter operated successfully with only two known COVID cases on campus - Dr. Morrison hopes we will be able to meet in person again in September - LionsLink conversion projects are taking a large number of hours and effort with staff - Dr. Ruby Hayden is passing the Accreditation Liaison role on to Dr. Suzanne Ames - Congratulations to Chair Hamilton for her recent promotion at Microsoft

Board Chair: Chair Hamilton reported that advocacy letters to the Legislature were sent. Trustee Malte asked regarding the planning for in-person instruction in the fall. President Morrison responded that Instruction is going through scenarios and planning right now for fall quarter instructional modalities. Trustee Updates: Trustee Wildfong reported that the ACT DEI Committee has settled on the tasks and documents that they plan to put together; Trustee Wildfong also attended the ACT Trustee Tuesday event this month which was information on budget-reading for Trustees. Foundation Update: Trustee Wildfong reported that the Foundation has awarded 443 scholarships ($214,000) for spring quarter of 2021. Due to the pandemic, the Foundation will not

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Lake Washington Institute of Technology Board of Trustees Meeting April 12, 2021 3 have the annual Scholarship Reception, but there will be a video that is sent out in lieu of that event. The Foundation also plans to purchase 200 plants from the Horticulture program as gifts for the college’s advisory committees. Financial Summary: Vice President Riveland reported that enrollments are lower than pre-pandemic, but stable. Next month we will for the first time be comparing post-pandemic months, which will seem comparable, but still are not similar to the college’s historic averages. Trustee Wildfong requested the ability to share our financial summary with other trustees to show them the possibilities regarding ways of receiving financial and budget information on a board. Federation of Teachers: Dr. Westman reported that the Federation was close to finishing their bargaining by the end of next week or the week after. AFT participated in a rally around House Bill 5194 to keep the momentum going regarding equity and future funding, helping adjunct faculty, etc. The AFT anti-racism committee is still meeting and providing resources to faculty. Classified Staff: Heidi Davis reported that the Classified Union is also close to completing their bargaining process. They are looking forward to coming back to campus in fall quarter. They are also hoping that with additional positions on campus needed, that they’ll have the chance to bring some employees back. Executive Cabinet: Reports from Executive Cabinet were included in the meeting packet. Trustees did not have any additional questions for Cabinet members. Trustee Wildfong provided kudos to the team, specifically to Communications and Marketing, on the LWTech Magazine that was just published. Actions: Item 1076: All-Washington Academic Team Trustee Wildfong moved to approve; Trustee Mitsunaga seconded. The motion was approved. Item 1077: Title IX Policy Extension Trustee Malte moved to approve; Trustee Mitsunaga seconded. The motion was approved, passed The Board of Trustees entered Executive Session at 5:32 p.m. to discuss the performance of a public employee. The Board of Trustees exited Executive Session at 6:16 p.m.

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Lake Washington Institute of Technology Board of Trustees Meeting April 12, 2021 4 Chair Hamilton adjourned the meeting at 6:33 p.m. Respectfully submitted,

Elsa Gossett Executive Assistant to the President

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Associated Student Government Board of Trustees Report March 2021

Welcome to Spring Quarter! On the last day of March, ASG officers welcomed new spring quarter students on the Virtual Orientation – Student Panel. ASG officers and Campus Life Students talked about their experience being LWTech student. We presented our educational journey learning online during remote operations. The students who attend it had the opportunity to ask questions to pick up tips and tricks important for their success on the path of their degree.

Campus Life Events supported by ASG LGBTQIA+ Panel: Members of the Bellevue Eastside of PFLAG discussed their lives as LGBTQIA+ people and answer questions about the community. It was an opportunity for those who had questions but might were too afraid to ask. Meet-Up for International/ESL Students: This meet-up was open for all students to build community with each other, regardless of residency/visa status. Woman’s history month: To celebrate woman’s history month, Campus Life invited Kimberly Dark, an award-winning writer and storyteller. Kimberly led an online event which included stories, insights and discussion about sexuality, gender identity, and society.

Student Programs Hiring Process Training Spring Quarter is our hiring season! On March 25th, GG Flint (Student Programs Coordinator) provided a training for ASG Officers and Campus Life Students. It was engaging, educational, and focused on anti-racism justice-based work.

Technology and S/A Fee Committees Training Student Programs Director, Sheila Walton, provided an important training about budget for those who are going to be members of Technology and S/A committees. Information about bias in decision making was included.

Projects • ASG Officers are progressing through the hiring

process to choose new officers for ASG 2021/2022. Selections occurring in May.

• Officers are focused on promoting and supporting events that better represent students during remote operations and create a welcoming on-line space for all.

Student Programs Events and Activities: MARCH 1 Rise Lounge Hours 2 LGBTQIA+ Panel PTK Chapter meeting Meet-up: Students Who Are Parents Caregivers 3 Meet-Up for International/ESL Students 9 Women’s History Month: Kimberly Dark on “Sex

and Society” 12 Research Symposium 16 Technology an S/A Fee Committees Training 29 -31 Virtual, New Student Orientation

Upcoming Student Programs February Events: APRIL 3 ASG hiring process – job application starts 7 First weekly multi-college game hour 13 First ASG weekly official meeting 13 Welcome (back) to Spring Quarter 15-16 RISE Center: Students of Color Conference 21-28 Lunch & Learn: Create Your Best Resume Ever 23 ASG hiring process – job application due

Student Programs Online LWTech.edu/ASG LWTech.edu/CampusLife LWTech.edu/RISE LWTech.edu/Admissions/Veteran-Services LWTech.edu/StudentPrograms

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https://www.lwtech.edu/asg

https://www.lwtech.edu/campuslife

https://www.lwtech.edu/rise

https://www.lwtech.edu/admissions/veteran-services

https://www.lwtech.edu/studentprograms

LAKE WASHINGTON INSTITUTE OF TECHNOLOGY BOARD OF TRUSTEES – May 2021 Monthly Financial Summary – March 2021 Attached are the following financial reports: 1. Statement of Revenue and Expenditures by Fund Source 2. Statement of Revenue and Expenditures and Fund Balance 3. Budget Status – Operating Budget by Fund Source Summary Report:

• The College is nine months through the fiscal year (75%). As of this time, we are optimistic regarding the financial outlook for the year given our enrollment projections and budget reductions. Enrollments for the year through Winter Quarter finished down 14% from the prior year. Spring Quarter enrollments are down 13.8% from last year, influenced by the 55% drop in Adult Basic Education enrollments.

• For year to date, revenues total approximately $40.7M, up from the prior year. This is

primarily due to state and federal aid for Covid relief, and minor contributions from the tuition increase and state allocation. Expenditures total approximately $40.4M and are up from the prior year. This reflects an increase in grant expenditures of 235% as federal funds were spent to convert and operate remotely, and a substantial amount of Cares Act and CRRSA Act funds that went directly to students.

• For all funds, revenues exceed expenditures by approximately $280,000. For the general and self-supporting funds, revenues exceed expenditures by approximately $423,000.

• As of March 31, the College has a total fund balance for all funds of approximately

$7.3M. As of March 31, the general operating reserve totals approximately $7.6M (24%). This number increased with the continued infusion of state and federal aid throughout the year.

• For the general fund budget, expenditures total approximately $28.6M and are up 1%

from the prior year. The increase is reflective of salary and benefit increases, and heavy spending on equipment and PPE during remote operations. Tuition collections are on track to meet this year’s lower budget target.

• For self-supporting fund activities, expenditures total approximately $2.5M while

revenues total approximately $3.3M. As of March 31, revenues exceed expenditures by approximately $774,000. There are no areas of concern at this time.

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LAKE WASHINGTON INSTITUTE OF TECHNOLOGYStatement of Revenue and Expenditures by Fund Sourcefor month ended March 31, 2021FY2020-21

REVENUES Prior YearRevenue % as of $ %

Fund Description Budget to Date Balance Received 3/30/20 Difference Change------------- ------------------- ------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------

001 State Allocations 21,078,730 16,247,916 4,830,814 77.08% 14,175,846 2,072,070 14.62%149 Tuition 7,222,500 6,606,812 615,688 91.48% 5,790,637 816,175 14.09%149 Other/Investment 259,133 151,180 107,953 58.34% 290,337 (139,157)148 Local Dedicated Funds 4,041,735 3,290,726 751,009 81.42% 2,601,892 688,834 26.47%145 Grants & Contracts 8,771,532 6,624,775 2,146,757 75.53% 2,786,168 3,838,607 137.77%522 Student Activities 1,170,000 1,028,623 141,377 87.92% (14,382) 1,043,005 -524 Bookstore 100,000 18,379 81,621 18.38% 105,113 (86,734) -82.52%528* Facilities/Safety 0 213 (213) 20,570 (20,357)569 Food Service 0 0 0 0 0 0.00%570 Enterprise Activities 860,850 457,202 403,648 53.11% 607,732 (150,530) -24.77%8xx Financial Aid 8,530,000 6,124,368 2,405,632 71.80% 6,678,075 (553,708) -8.29%

------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------Subtotal 52,034,480 40,550,194 11,484,286 77.93% 33,041,988 7,508,206 22.72%

440 Central Stores 40,000 3,460 36,540 8.65% 2,457 1,003448 Printing/Copying 250,000 22,990 227,010 9.20% 98,658 (75,668) -76.70%840 Agency 0 150,031 (150,031) 22,293 127,739 573.01%

------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------Subtotal 290,000 176,481 113,519 60.86% 123,408 53,073 43.01%

------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------Total Revenues 52,324,480 40,726,675 11,597,805 77.83% 33,165,396 7,561,279 22.80%

=========== =========== =========== ======== ========== ========== =========

EXPENDITURESExpended % YTD $ %

Fund Description Budget to Date Balance Expended 2019-2020 Difference Change------------- ------------------- ------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------

000 General Operating 26,760,469 21,201,294 5,559,175 79.23% 20,464,469 736,825 3.60%148 Local Dedicated 3,790,378 2,516,041 1,274,337 66.38% 2,616,459 (100,418) -3.84%145 Grants & Contracts 8,771,532 6,517,473 2,254,059 74.30% 1,943,137 4,574,336 235.41%522 Student Activities 1,170,000 656,665 513,335 56.13% 722,410 (65,745) -9.10%524 Bookstore 70,000 (507) 70,507 -0.72% (520) 13 -2.59%528* Facilities/Safety 0 (98) 98 1,022 (1,120)569 Food Service 0 0 0 0 0 #DIV/0!570 Enterprise Activities 860,850 604,396 256,454 70.21% 637,426 (33,030) -5.18%8xx Financial Aid 8,530,000 8,793,293 (263,293) 103.09% 6,709,921 2,083,371 31.05%

------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------Subtotal 49,953,229 40,288,557 9,664,672 80.65% 33,094,324 7,194,233 21.74%

440 Central Stores 40,000 10,456 29,544 26.14% 3,325 7,132448 Printing/Copying 250,000 134,206 115,794 53.68% 136,423 (2,216) -1.62%840 Agency 0 12,683 (12,683) 7,242 5,441 75.13%

------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------Subtotal 290,000 157,346 132,654 54.26% 146,989 10,356 7.05%

------------------- ------------------- ------------------- ------------- ------------------ ------------------ ----------------Total Expenditures 50,243,229 40,445,903 9,797,326 80.50% 33,241,313 7,204,590 21.67%

=========== =========== =========== ======== ========== ========== =========Total Revenue Over(under) Expend 2,081,251 280,772 (75,917)

M onthly Financial Statem ent M arch 2021 BOT 4/27/2021 9

LAKE WASHINGTON INSTITUTE OF TECHNOLOGYStatement of Revenue and Expenditures and Fund Balancefor month ended March 31, 2021

Fund Balance Year-to-Date Year-to-Date 3/31/21 3/31/2007/01/20 Revenue Expenditure Balance Balance

Operating Funds

001 State Allocations 0 16,247,916 16,247,916 0 0

149 Tuition (2,385,935) 6,606,812 4,953,378 (732,501) (2,538,491)Other/Investment 0 151,180 151,180 290,337

------------------------------------------------- ------------------------ ------------------------ ------------------------149 Subtotal (2,385,935) 6,757,992 4,953,378 (581,321) (2,248,154)

148 Local Dedicated Funds 2,314,341 3,290,726 2,516,041 3,089,026 2,262,975145 Grants & Contracts 4,806,128 6,624,775 6,517,473 4,913,430 4,056,577522 Student Activities 1,142,262 1,028,623 656,665 1,514,219 1,293,749524 Bookstore 311,859 (18,379) (507) 293,987 353,622528 Facilities/Safety 1,405 213 (98) 1,716 48,652569 Food Service (339) 0 0 0 (271,491)570 Enterprise Activities (271,046) 457,202 604,396 (418,240) (53,098)

846/849/850/860 Financial Aid 594,796 6,124,368 8,793,293 (2,074,129) 462,040------------------------ ------------------------ ------------------------ ------------------------ ------------------------

Total Operating 6,513,472 24,265,520 24,040,641 6,738,689 5,904,872

440 Central Stores 13,376 3,460 10,456 6,379 12,508448 Printing/Copying 493,950 22,990 134,206 382,734 456,186840 Agency 69,687 150,031 12,683 207,035 84,738

------------------------ ------------------------ ------------------------ ------------------------ ------------------------Subtotal 577,013 176,481 157,346 596,148 553,431

------------------------ ------------------------ ------------------------ ------------------------ ------------------------Total All Operating Funds 7,090,484 40,689,918 40,445,903 7,334,838 6,458,304

------------------------ ------------------------ ------------------------ ------------------------ ------------------------

============== ============== ============== ============== ==============Total All Operating Funds 7,090,484 40,689,918 40,445,903 7,334,838 6,458,304

General Operating Reserve 5,283,740 7,687,712 *% of Operating Budget as of date of this report 24.20% 71,074

==============General Operating Reserve 4,765,755 6,529,378Target 15%

*Includes state and federal aid from the Covid Relief Recovery Supplemental Appropriations Act (CRRSAA), the Governors Emergency Education Relief (GEER), The Coronavirus Aid, Relief and Economic Security (CARES) Act, and the American Recovery Act Source: BA1203/1204; GA 1332;

M onthly Financial Statem ent M arch 2021 BOT 4/27/2021 10

LAKE WASHINGTON INSTITUTE OF TECHNOLOGY

Budget Status - Operating Budget FY20-21 for month ended March 31, 2021

%General Funds 001/149 Approved Adjusted Actual Expended/ | Prior Year %Expenditure Category Budget Budget to Date Projected Balance Encumbered | to Date Difference

||

Salaries 18,954,520$ 18,659,928$ 13,837,242$ 5,120,000$ (297,314)$ 101.59% | 12,938,599$ 6.95%|

Benefits 6,394,587 6,450,767 4,809,318 1,689,600 (48,151) 100.75% | 4,502,169 6.82%|

Goods & Services* 2,788,867 3,302,169 1,950,992 354,633 996,544 69.82% | 2,251,232 -13.34%| -

Equipment 455,006 350,510 311,182 102,996 (63,668) 118.16% | 196,076 58.70%|

Travel 17,550 17,550 4,961 - 12,589 28.27% | 69,280 -92.84%|

Grants, Client Services 790,442 819,661 578,282 20,505 220,874 73.05% | 498,823 15.93%|

HS Academy Transfer (1,305,204) (1,217,204) (289,145) (101,434) (826,625) 32.09% | |

International Prog. Transfer 0 - 0 - - | 24,133 |

Transfer of Charges (305,708) (1,622,912) (524,436) - (1,098,476) 32.31% | (15,843) Total Expenditures 27,790,060$ 26,760,469$ 20,678,396$ $7,186,300 ($1,104,227) 104.13% | 20,464,469$ 1.05%

|||

Revenue Category ||

State Allocations 19,847,777$ 21,078,730$ 13,569,586$ - 7,509,144$ 64.38% | 14,175,846$ -4.28%|

Tuition 7,683,150 7,222,500$ 6,606,812 615,688 91.48% | 5,790,637 14.09%|

Investment 0 0 0 - - | 0|

Other 259,133 259,133 151,180 - 107,953 58.34% | 290,337Total Revenue 27,790,060$ 28,560,363$ 20,327,578$ -$ 8,232,785$ 71.17% | 20,256,820$ 0.35%

Revenue Over (Under) Expenditure -$ 1,799,894$ (350,818)$ (207,649)$

M onthly Financial Statem ent M arch 2021 BOT 4/27/2021

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LAKE WASHINGTON INSTITUTE OF TECHNOLOGY

Budget Status - Operating Budget FY20-21for month ended March 31, 2021

%Self Supporting Fund 148 Approved Adjusted Actual Expended/ | Prior Year %Expenditure Category Budget Budget to Date Projected Balance Encumbered | to Date Difference

||

Salaries 1,366,495$ 1,464,976 $1,151,860 334,593$ (21,477)$ 101.47% | $1,026,513 12.21%|

Benefits 537,564 572,439 401,168 127,145 44,126 92.29% | 387,467 3.54% |

Goods & Services 2,068,551 1,706,143 935,543 432,322 338,278 80.17% | 937,361 -0.19%|

Equipment 81,004 62,500 61,184 74,865 (73,549) 217.68% | 257,212 -76.21% |

Travel 5,300 5,300 77 3,883 1,340 74.72% | 7,946 -99.03%|

Grant/Client Services 0 - 23,624 1,061 (24,685) | 4,860 386.09%|

Transfer of Charges (20,980) (20,980) (57,415) - 36,435 273.67% | -

Total Expenditures 4,037,934$ 3,790,378$ 2,516,041$ $973,869 $300,468 92.07% | 2,621,359$ -4.02%|

Revenue Category ||

Inst. Program Fees 1,194,030$ 1,194,030$ 468,766$ 725,264$ 39.26% | 1,066,767$ -56.06%|

Inst. Ancillary Rev. 584,575 587,435 332,253 255,182 56.56% | 321,262 3.42%|

Testing 25,000 25,000 21,705 3,295 86.82% | 27,746 -21.77%

Other Fees & Income 2,234,329 2,235,270 2,468,002 (232,732) 110.41% | 1,622,438 |

Excess Enrollment Tuition & Fees 0 0 0 - - | -

Total Revenue 4,037,934$ 4,041,735$ 3,290,726$ -$ 751,009$ 81.42% | 3,038,213$ 8.31%

Total Revenue over Expend. -$ 251,357$ 774,685$ 416,854$

M onthly Financial Statem ent M arch 2021 BOT 4/27/2021

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Executive Cabinet Report to Board of Trustees

Board Meeting Date: May 10, 2021 Submitted by: Leslie Shattuck Department: Communications and Marketing

Below is a summary of ongoing projects as they align with trustee goals and strategies for the 2020-21 academic year. Focus will vary from month to month over the course of the year. “Other Departmental Activities/Highlights” at the end of the report includes additional project information.

Board Goal 3: Build community connections for the College.

☒ College Outreach Activities The Communications and Marketing team (team) spent April supporting several departments across the college. The following is an update of the top-level projects they worked on during those months. At the time of this report, there are currently 109 active projects in the department. Public Relations The team continued their work to engage local, regional and national reporters/writers to elevate awareness of the college. The college received coverage in the following media outlets and/or is working on the following media pitches: Media Coverage: Minneapolisindian.com – Early Spring Events for Plant Lovers: Dream About Spring Link: https://www.minneapolisindian.com/desi/contributionsdetail.asp?id=25343 SHRM.org – How Much Do College Students Want the COVID-19 Vaccine? Link: https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/how-much-do-students-want-the-covid-19-vaccine.aspx Apnaahangout.com – Best Business Schools in Washington 2021: Degrees, Rating & Fees Link: https://www.apnaahangout.com/business-schools-washington/ Portlandindian.com – Early Spring Events for Plant Lovers: Dream About Spring Link: https://www.portlandindian.com/desi/contributionsdetail.asp?id=25343 Uk.advfn.com – Intelligent.com Announces Best Colleges in Washington for 2021 Link: https://uk.advfn.com/stock-market/stock-news/84571631/intelligent-com-announces-best-colleges-in-washing

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https://www.minneapolisindian.com/desi/contributionsdetail.asp?id=25343

https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/how-much-do-students-want-the-covid-19-vaccine.aspx

https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/how-much-do-students-want-the-covid-19-vaccine.aspx

https://www.apnaahangout.com/business-schools-washington/

https://www.portlandindian.com/desi/contributionsdetail.asp?id=25343

https://uk.advfn.com/stock-market/stock-news/84571631/intelligent-com-announces-best-colleges-in-washing

https://uk.advfn.com/stock-market/stock-news/84571631/intelligent-com-announces-best-colleges-in-washing

During the month of April, the team worked on pitches/stories about:

1. 2021 All-WA Academic Team 2. Annual Plant Sale

The team is working on the following pitches:

1. Story with KING-5 on the “Fauci Effect” 2. Community Partnership Program (specifics to be shared in the June Board meeting) 3. Annual Research Symposium 4. Culinary Ranking 5. Virtual Open House

Additionally, Leslie Shattuck will be working with folks from around the college for a series of articles that will run monthly in Sound Publishing media such as the Kirkland Reporter (and other media outlets of theirs), focusing on getting back into the workforce – post-pandemic (specifics to be shared in the Board meeting in June). Social Media The team conducted social media outreach which included posts on Instagram, Facebook, Twitter and LinkedIn. Social media engagement continues to perform well. Social media outreach over the past month promoted Spring quarter registration, the Auto Body and Auto Repair Technician programs, Electronics Technology program, adult basic education, annual plant sale, the Virtual Community College and Technical College Fair, and much more. Website and Social Media Analytics The following is the overview of website and social media analytics for March: Website Highlights, March

• Overall traffic in March was down by 1%, with 7% less users. However, pageviews were up by 4%. Compared to the same time in 2020, overall traffic was down by 0.1% (negligent), with 25% more users, and 6% more pageviews. The slight decrease in traffic in March from February can be attributed to Spring Break in late March. March of 2020 saw the largest spike in website traffic as it was the start of the pandemic. This drove traffic to the website from all over the country. If discounting the large spike in traffic, this month's traffic would actually be much higher than the same time last year.

• Current Students at LWTech was the top most visited page outside of the homepage

and the Class Schedule page was the second most popular page. Of the academic program pages, Nursing and Dental Hygiene remained in the top two spots, with Computing Software Development remaining third. The top 10 academic program pages (except Dental Hygiene) had 10-66% increase in traffic from the same time in 2020.

• Visits from social media were down by 23% from last month, and down by 85% from the

same time last year. The large drop from 2020 can also be attributed to last year's massive spike from the start of the pandemic. Visits from search were up by 6% from February, NS up by 8% from 2020.

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• The most visited day was Wednesday, March 24 with 5,549 visits. The least visited day was Saturday, March 20 with 1,930 visits.

Social Media Highlights, March

• Audience reach in March grew by 0.75% from February, with reach growing by 133 users overall. Compared to March 2020, it was up by 6%. Reach growth had largest gains on LinkedIn with 94 new followers, and on Instagram with 13 new followers.

• Overall engagement was up by 39% from last month and down by 286% from the same

period in 2020. Impressions were also up by 25% from February, but down by 164% from the same time in 2020 across all platforms. While there were fewer number of posts made in March than in February, more engaging content (e.g. live tours, videos, etc.) drove engagement and impressions slightly higher. The major decrease in engagement and impressions from last year is due to last year’s COVID-19 emergency communications, which drove users to be very active as it was their main source of news from the college.

• On Facebook, the most popular post in March was a link to the HigherEd.com article

about COVID-19 one year anniversary, while Twitter it was about the virtual college fair. Instagram’s most popular post was the Dental Clinic live tour, and YouTube’s Assessment Center how-to video remained at the top.

Equity, Diversity, and Inclusion Work The team continued its work to promote equity, diversity and inclusion at the college, and the work to dismantle systemic racism at the college. The team worked with Executive Director of Equity, Diversity, and Inclusion Robert Britten to create an updated equity statement for the website and social media. The team continued to make updates to the Black Lives Matter page on the website and the Diversity page on the website.

Other Departmental Activities/Highlights

Website The team worked on several updates to the website, including refreshing the homepage, and updating several program and department pages. New Marketing and Advertising Campaign The team presented the new Marketing and Advertising campaign to Executive Cabinet, the Deans and Instruction team, and the Equity, Diversity and Inclusion Council. The team will present the new campaign to the Student Services team soon, and we look forward to sharing it with the Trustees in June. President’s Office Support The team provided communications support to the President’s office. Student and Staff Stories The team continued to identify and interview students, faculty, and alumni for a variety of outreach purposes, including PR outreach, printed and online materials.

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https://www.lwtech.edu/about/diversity/black-lives-matter/

https://www.lwtech.edu/about/diversity/black-lives-matter/

https://www.lwtech.edu/about/diversity/

Foundation Support The team continued to support the work of the Foundation. Videos The team created several videos to promote programs and the college, including live tours and Instagram and Facebook stories. Outreach Support The team worked closely with the Outreach team to support their recruitment activities. Together, the two teams worked together on the development of the virtual Open House. Digisign Updates The team continued to update on-campus digisign monitors, including making sure they are viewable on the website. Programs and Department Support The team worked on several marketing projects for various programs throughout the college. These included brochures, banners, and flyers, just to name a few.

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https://www.youtube.com/watch?v=_LyVp0qiaDc


Board Meeting Date: May 10, 2021 Submitted by: Elisabeth Sorensen Department: Foundation


Board Goal 1: Provide strong leadership and direction for the College.

☒ Evaluate and approve policies that promote anti-racism, equity, diversity, and inclusion, as well as student enrollment, achievement, and completion The Foundation continues discussions with Robert Britten, LWTech Executive Director of LWTech Equity, Diversity and Inclusion and Cathy Copeland, Director, Research and Grants, on strategies to utilize the recent Eva Gordon Estate gift to close student equity and achievement gaps on campus.

☒ Support the college leading up to and through LionsLink implementation

The Foundation is pleased to dedicate $6,000 from Foundation college hospitality accounts to support a gift card recognition program for LWTech employees with heavy responsibilities related to ctc Link implementation. The gift card recognition program is in lieu of on-campus ctc Link recognition and educational events that are not safe/viable to host as a result of the pandemic.

Board Goal 2: Evaluate and support resource development initiatives.

☒ Support LWTech Foundation efforts to increase revenues available for scholarships, programs, faculty and staff professional development, and college support

Applications for Fall 2021 Scholarships will open on Friday, May 7. The Foundation plans to award over $100,000 in scholarship aid to hardworking, highly motivated students for Fall 2021 Quarter. In lieu of the 2021 Annual Scholarship Reception, the LWTech Foundation is pleased to release the first-ever LWTech Foundation Annual Scholarship Video on Wednesday, May 12 at 4:00 p.m. (the original date/time of the Annual Scholarship Reception) to our community of

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generous donors and supporters. The video will feature expressions of gratitude from scholarship recipients enrolled in the Nursing, Welding Technology and Design Programs at LWTech.

☒ Support opportunities for public-private partnerships that contribute to scholarships,

programs, and faculty and staff professional development

The Foundation was approved for a new grant of $10,000 from the Society of Professional Engineering Employees in Aerospace (SPEEA) for the creation of The Aerospace Career Enhancement (ACE) Scholarship. The purpose of this scholarship is to increase diversity and equity in professional and technical careers in the aerospace workforce.

☒ Support college efforts to participate in grant programs that benefit scholarships,

programs, and faculty and staff professional development The Foundation received a gift of $5,000 from generous donors Nancy and Ben Remak for

scholarships for students enrolled in LWTech’s Nursing Program.


☒ College Outreach Activities

The Greater Kirkland Chamber of Commerce provided a letter of support (unanimously supported by the Greater Kirkland Chamber of Commerce Board of Directors) to Congresswoman Suzan Del for LWTech’s Childcare Center Portable Replacement for community project funding in the next federal budget. Elisabeth Sorensen represents LWTech as a board member on the Greater Kirkland Chamber of Commerce Board of Directors.

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Board Meeting Date: May 10, 2021 Submitted by: Meena Park Department: Human Resources/Payroll



☒ Support and Approve the Mission Fulfillment Plan Development (formerly called the Strategic Plan)

• Human Resources is focused on 3 tasks related to the goal of recruiting diverse faculty and staff that mirror our student body and reflect the surrounding county demographics.

o Job descriptions overhaul and review with an equity lens – HR along with the classified job description review task group, continues to revamp the classified administrative support group’s job descriptions.

o Search committee training – As HR ramps up for the FY2021-22 recruitment year, we will review and update our current Search Committee training and assessment tools to ensure it aligns with the Mission Fulfillment Plan.

o Disaggregated employee demographics – We will assess progress by tracking percentage and number of hires that improve diversity as well as retention of BIPOC employees.

☒ Evaluate and approve policies that support diverse faculty and staff recruitment, development and retention

• We are experiencing an uptick of COVID cases as well as employees experiencing lingering COVID related symptoms. To assist employee who are risk of going into leave without pay status, we have relaxed the COVID Emergency Shared Leave guidelines, allowing up to 2 weeks of Emergency Shared Leave without the requirement to exhaust accrued leave. We are grateful to our generous employees who have contributed to a very healthy Emergency Shared Leave reserve.

☒ Support the college leading up to and through LionsLink implementation • As Pillar Leads and Subject Matter Experts, the HR and Payroll departments continue to be

heavily involved in the LionsLink Business Process Fit Gap training and homework sessions throughout April.

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☒ Key conferences and events Members of HR and Payroll attended the quarterly PPMS User Group Meeting on April 22-23, 2021. Agenda topics included ctcLink Panel Q&A, HCA PEBB Modernization Presentation, VEBA updates, as well as an update from John Boesenberg, Deputy Executive Director of Business Operations @ SBCTC. Meena Park continues to participate in bi-monthly HRMC and OFM HR Directors Zoom meetings to keep abreast of everchanging HR rules and regulations. The next HRMC Quarterly meeting is scheduled for May 6, 2021.


On April 23, 2021, Management and Classified met for their final bargaining session, reaching agreement on the last agenda item - salary schedule. We feel confident the proposed CBA benefits and acknowledges our dedicated employees while meeting the college’s goal of recruitment and retention as well as fiscal responsibility. Heidi Davis, President of Classified Union, will be presenting the draft CBA to her members for ratification during the week of April 26, 2021.

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Board Meeting Date: April 10, 2021 Submitted by: Suzanne Ames Department: Instruction



☒ Evaluate and approve policies that encourage workforce development, and provides

pathways, from basic skills to baccalaureate programs, for students to achieve their goals

Professor Narayani Choudhury supported four students as they presented three undergraduate research papers at the NUMS Math Conference with students from seven universities. LWTech was the only community or technical college presenting. https://sites.google.com/view/pimuc/2021-numspimuc-program-schedule These same students will be presenting at the University of Washington Undergraduate Research Symposium and the LWTech Applied Research Symposium

The Nursing Program received seven years of accreditation from the Accreditation Commission for Education in Nursing. This was a significant accomplishment for Dr. Lauren Cline, Dr. Apana Sen, and a dedicated team of faculty.

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https://sites.google.com/view/pimuc/2021-numspimuc-program-schedule


Board Meeting Date: May 10, 2021 Submitted by: Cathy Copeland Department: Research & Grants



☒ Support and Approve the Mission Fulfillment Plan Development (formerly called the Strategic Plan)

The team is supporting development of new metrics related to mission fulfillment. This process will include work from the Institutional Planning & Effectiveness Committee (IPEC) and development of new mission fulfillment metrics. The team will also support development of the mission fulfillment plan in the 2020-21 academic year in addition to assisting with the coordination of departmental-level planning through IPEC.

☒ Evaluate implementation of the College’s current 2017-2020 Strategic Plan The team supports this work through assessment of the past plan including monitoring of metrics and incorporation of past work into the new Mission Fulfillment Plan.

☒ Evaluate and approve policies that promote anti-racism, equity, diversity, and inclusion, as well as student enrollment, achievement, and completion The team deployed the 2021 Employee Satisfaction Survey to support the president’s goal and is in process of analyzing/preparing the results.

☒ Evaluate and approve policies that support anti-racism, equity, diversity, and inclusion in both the learning and workplace environments The team is supporting the launch of a Diversity, Equity, and Inclusion survey in May 2021. This survey is in collaboration with Hanover Research and will be administered to faculty, staff and students.

☒ Ensure the College is prepared for retraining demands post-COVID Support of retraining demands post-COVID is summarized under Goal 2: Evaluate and support resource development initiatives.

☒ Evaluate and approve policies that support diverse faculty and staff recruitment, development and retention The team deployed the 2021 Employee Satisfaction Survey and is also supporting the Diversity, Equity, and Inclusion survey.

☒ Use data to assess the effectiveness of policies The Research & Grants team supports this work through dashboard development and assessment. The primary on-campus tool for college faculty and staff is Tableau Community

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Dashboards such as new dashboards to support Program Review and Selective Admissions. Other current data projects included spring reporting for Integrated Postsecondary Education Data System (IPEDS) and creating new dashboards for Gen Ed programs and Science pathways

☒ Support the college leading up to and through LionsLink implementation The team will serve as reporting leads for the upcoming LionsLink (ctcLink) implementation. The team attended multiple all-day sessions in April and began the new role of Query Development leads.


☒ Support opportunities for public-private partnerships that contribute to scholarships, programs, and faculty and staff professional development

Grant work necessitates public-private partnerships. All work related to this goal is summarized below.

☒ Support college efforts to participate in grant programs that benefit scholarships, programs, and faculty and staff professional development National Science Foundation (NSF): LWTech received $365,000 in new funding from NSF to support a new grant to expand Open Educational Resources (OER) in Electronics Technology and Welding (ATE 2100136). LWTech currently leads an Advanced Technical Education (ATE) Coordination Network called AppConnect NW that brings together applied baccalaureate faculty in computer science (DUE 1700629 funded at $866,882).

Higher Education Emergency Relief Fund The team supported applications for funding developed under the 'Coronavirus Aid, Relief, and Economic Security’ Act (CARES); Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA); and, the American Rescue Plan Act (ARP Act) passed by Congress. Total allocations in institutional funding to the college across all three funding acts exceeds $5M. • PROFESSIONAL/TECHNICAL PROGRAMS RESTART GRANT

LWTech received $200,000 in funding to support technical programs (e.g. automotive repair) following the COVID-19 pandemic. The purpose of this grant is to support the reestablishment of professional and technical programs that were disrupted due to COVID-19 and to provide alternative and innovative methods of ensuring that career pathways are available to aid economic recovery in the state of Washington. Proposals will help workers succeed in a post-pandemic economy.

• Institutional Resilience and Expanded Postsecondary Opportunity Grants Program (IREPO): LWTech – in a collaboration with the four other technical colleges in WA – submitted a request for $3,000,000 to support financial aid and remote education in technical education programs.

Title III – Strengthening Institutions Proposal The grants team has continued to meet with multiple stakeholders/employees across divisions/departments to evaluate how the Title III grant proposal (in process) could best strengthen the college and provide timely and relevant supports across the campus.

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Ongoing Grant Support The team continues to support current grant programs such as the Hospital Employee Education and Training (HEET) grant to expand and further incorporate simulation in the nursing curriculum and ongoing work to develop flipped classrooms through College Spark.


☒ Key conferences and events The team attended the Research and Planning Commission meeting in April.

☒ Actively participate and engage in community activities

The team participated in campus events including all-staff meetings and in-service professional development training sessions. The team continues to offer Tableau Community Dashboard trainings.


The team continues work with the Applied Research Committee, and working with the Research Course Development subcommittee to develop criteria/curriculum for a new undergraduate applied research course. Other research-related work includes: gathering Research Ethics learning materials for LWTech students (Public Health) and researching Institutional Review Board (IRB) training materials for RPC members (Research Ethics subcommittee).

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Board Meeting Date: May 10, 2021 Submitted by: Ruby Hayden Department: Student Services



☒ Support the college leading up to and through LionsLink implementation Student Services remains focused on multiple Business Process Fit Gap sessions each week and the associated homework.


☒ Support college efforts to participate in grant programs that benefit scholarships, programs, and faculty and staff professional development

Each quarter, we must report on the effectiveness of our Student Emergency Assistance Grant (SEAG). As a part of this we collect student quotes about their experience:

• The helped I received financially helped me achieve an easier school experience and allowed me to focus on my school work without worry.

• Thanks for following up with me. I did receive a few grants and they are helping out immensely. Thank you.

• Thank you so much for the follow up Crystal. I am so thankful to you and LWTech for accepting my application. The money … has given me a huge sense of relief after seeing my bank account dwindle slowly. I'll look into additional resources as well.


• TRIO: Our Winter 2021 eTutoring report is out! We served a total of 47 students (unduplicated) over 273 hours! Our top three subjects were Math, Accounting, and Calculus. Our sessions were spread equally over all days of the week, including Saturdays and Sundays.

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Student Enrollment at Lake Washington Institute of Technology Report to the Board of Trustees: Spring 2021

Examining enrollment at LWTech through different lenses helps ensure the college is on track with several key initiatives. This quarterly report showcases student enrollment over three years (and the current year to date) in three specific categories:

1. Enrollment compared to target Meeting enrollment targets allows LWTech to maintain current levels of state funding. Tracking enrollment over time provides the opportunity to project tuition revenue and plan for shortages. The college also uses this information to plan for increased marketing and outreach as needed.

2. Student demographics

LWTech’s commitment to Equity, Diversity, and Inclusion work includes the importance of understanding the student community served by the college. Tracking student demographics over time may provide early indicators of the college’s success in creating a welcoming and inclusive environment. This initial report includes race and gender but other categories are available at Board or Presidential request.

3. Student persistence

Tracking student persistence (quarter to quarter reenrollment of new student cohorts) may provide early indicators of the college’s success with various initiatives such as Guided Pathways.

The data below represents “real-time” data from the college’s student management system. Reports with official data reported to the SBCTC at the end of the academic year are available on the LWTech’s data dashboard site and cover a longer timeframe for better trending analysis: www.lwtech.edu/data

The enrollment office and office of institutional research will continue to collaborate on ways to provide a combination of useful data to both the Board of Trustees and the college community.

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http://www.lwtech.edu/data

Enrollment Compared to Target

For the 2020-21 academic year, the college’s annual Full Time Equivalent (aFTE) target is 3113. Using data from enrollment trends over the past three years, the college set quarterly enrollment targets of:

• Summer: 419.63 aFTE (13.48% of annual target) • Fall: 933.90 aFTE (30.00% of annual target) • Winter: 889.70 aFTE (28.58% of annual target) • Spring: 869.77 aFTE (27.94% of annual target)

General Enrollment Trends

• Due to the COVID-19 pandemic LWTech has experienced a sharp decline in enrollment. All other colleges in WA are experiencing the same trends.

• Overall the college expects to hit approximately 80% of target in the current academic year. We believe once the college can safely return to full in person instruction enrollment will improve.

Table 1: Enrollment compared to aFTE targets 2016-17, 2017-18, 2018-19, 2019-20, and 2020-21 to date (percent of target in parentheses)

384(88%)

900(100%) 842

(96%)836

(96%)

414(100%)

895(97%)

855(97%) 815

(95%)

387(92%)

888(95%)

864(95%) 787

(91%)

360(86%)

861(92%)

837(87%)

596(68%)

355(85%)

754(81%) 719

(81%) 688(79%)

0

100

200

300

400

500

600

700

800

900

1000

Summer Fall Winter Spring

2016-17: Target 3084 aFTE 2017-18: Target 3087 aFTE 2018-19: Target 3106 aFTE

2019-20: Target 3113 aFTE 2020-21: Target 3113 aFTE

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Student Demographics

Viewing enrollment and graduation through the lens of race and gender provides one method for the college to determine its progress towards an inclusive and supportive environment for all students. The annual Student Diversity Report (distributed at a Spring Board meeting) provides more in depth information.

General Enrollment Trends: Race

• In general enrollment in racial demographic categories is characterized by ongoing slight decreases in enrollment from white students and a corresponding increase in students of color and those who choose not to report.

Table 2: Enrollment by race 2016-17, 2017-18, 2018-19, 2019-20, and 2020-21 to date

Asian/PacificIslander

AfricanAmerican

NativeAmerican Hispanic White Other Race Not Reported

2016-17: n=6523 15.94% 3.73% 0.87% 10.84% 51.03% 4.52% 13.06%2017-18: n=6528 16.90% 3.37% 0.75% 10.91% 48.58% 5.06% 14.45%2018-19: n= 5729 17.07% 3.44% 0.72% 10.51% 47.58% 5.74% 14.94%2019-20: n=5955 16.00% 3.69% 0.79% 11.52% 45.94% 5.93% 16.12%2020-21 to date: n=5244 14.43% 4.65% 0.86% 13.51% 46.47% 3.03% 17.05%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

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General Enrollment Trends: Gender

• More female students than male students have consistently enrolled as a percentage of overall enrollment and in the past three year has remained at approximately 60% of total college enrollment.

• A very small number of students choose not to report gender (largely from Parent Education) and it is not included below; in the college’s annual student diversity report (distributed in Spring quarter) an additional measure of gender beyond binary options is used.

Table 3: Enrollment by gender 2016-17, 2017-18, 2018-19, 2019-20, and 2020-21 to date

2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21Male 41% 41% 40% 41% 40% 39% 38% 37% 38%Female 59% 59% 60% 59% 60% 61% 62% 63% 62%

41% 41% 40% 41% 40% 39% 38% 37% 38%

59% 59% 60% 59% 60% 61% 62% 63% 62%

0%

10%

20%

30%

40%

50%

60%

70%

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Student Persistence

In light of LWTech’s ongoing implementation of Guided Pathways, examining persistence (the number of new, degree seeking students who return from their first quarter to the next) may provide an early indicator of the effectiveness of related college activities.

General Persistence Trends

• Persistence has improved since Dr. Morrison’s arrival and prior to the COVID-19 pandemic was holding steady.

• The initial drop in persistence from Winter 2020 to Spring 2020 was significant and impacted students of color and students with disabilities more than other populations.

• Interestingly, persistence of students who started at the college post COVID-19 are some of our strongest persistence numbers in the history of the college. This may indicate that students willing to start college during this time have exceptionally high capacity for overcoming barriers and that the college is providing excellent support in the remote environment.

Table 4: Quarterly student persistence 2016-17, 2017-18, 2018-19, 2019-20, and 2020-21 to date

76%81%

75%71%

82% 81%77%

65%

81% 82%

74%70%

77%82%

67%74%

82%86%

71%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Summer to FallPersistence

Fall to Winter Persistence Winter to SpringPersistence

Spring to Fall Persistence

2016-17 2017-18 2018-19 2019-20 2020-21

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Item 1078 2021-5-10

Amendment to Policies, Chapter 2 Second Read

Situation The Board of Trustees reviews college policies annually according to its policy review calendar to ensure that policies are accurate and reflect governance strategy. As part of this process, the college reviews policies through its internal structure to make recommendations regarding:

• Accuracy of information • Removal of procedures from policy where appropriate • Edits to improve clarity and ease of understanding

Pursuant to this process, revisions were proposed to Chapter 2, General, including recommendations that:

• Clarify by moving policies related to Human Resources to Chapter 3 o Comprehensive Staff Development o Shared Leave o VEBA

• Remove procedures from policy. As procedures change often and noting the inefficiency of vetting procedures through the policy review process, a separate procedures section has been created. • Eliminating outdated policy:

o Grievance policy is reflected in the Prevention of Discrimination, Harassment, Bullying, and Retaliation policy and inconsistent with the Title IX policy.

• Update outdated language to reflect current laws and regulations: o Chronic and/or Communicable Disease o College Holidays o Equal Opportunity o Employee Relationships o Prevention of Discrimination, Harassment, Bullying & Retaliation o Affirmative Action

• Propose new policies to reflect current laws and regulations: o Title IX o Domestic Violence in the Workplace o Mandatory Reporting of Child Abuse o College Sponsored Social Media Policy

These proposed revisions were reviewed by Executive Cabinet, the Policy Review Committee, and College Council. Second Reading

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CHAPTER 2 GENERAL

Policy & Procedures Manual Lake Washington Institute of Technology 1

2.P.01 Emeritus Status The Board of Trustees may grant emeritus status to a former Trustee or college President who meets approved criteria. The Board of Trustees shall review and approve the criteria granting emeritus status. Adopted April 30, 2018 2.P. 03 Alcohol and Drug Use The College is committed to providing an environment that enhances learning and promotes the safety and well-being of students, employees, volunteers, and the general public; in particular, as many of the College’s instructional programs involve the use of equipment and machinery. To help achieve these goals, the College prohibits the following:

1. Consumption of alcohol on its premises or at college-sanctioned events, except in accordance with state of Washington liquor license procedures and applicable college procedures;

2. Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances that are illegal under federal, state, or local law on college property or during college-sponsored activities;

3. Use, possession, delivery, sale, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

4. Operation of college vehicles, machinery, or equipment while using legally-prescribed drugs where such use is contra-indicated for driving or operating machinery or equipment.

Violation of the college's alcohol and drug prohibitions is cause for disciplinary or other appropriate action.

College community members should be aware that: • It can be dangerous to use and abuse alcohol and other drugs; and, • Many illnesses and deaths have been medically-related to the use and abuse of illegal drugs and

alcohol; and, • The College has declared itself to be a drug-free work and educational environment; and, • Employees, students, and volunteers who are found to be in violation of federal, state, or local law

prohibiting the use or possession of illegal drugs may be subject to arrest and conviction under the applicable criminal laws of local municipalities, the state of Washington, or the United States. Conviction can result in sanctions including probation, fines, and imprisonment; and,

• Employees and volunteers who violate this policy are subject to disciplinary action, including termination, and referral for prosecution; and,

• Students who violate this policy are subject to disciplinary sanctions including: warning and reprimand, disciplinary probation, suspension, or dismissal in accordance with the Student Conduct Code; and,

• Assistance is available to employees, students, or volunteers who disclose that they have an alcohol or drug abuse problem as noted in the College’s procedures; however, those individuals remain responsible for resolving any alcohol or drug abuse problems they may have.

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CHAPTER 2 GENERAL


Adopted January 8, 1992 Revised May XX, 2021 2.P.05 Chronic and/or Communicable Disease

Lake Washington Institute of Technology recognizes that students, staff, faculty, administrators and their dependents with life-threatening, chronic, or debilitating illnesses, including but not limited to cancer, heart disease and acquired immune deficiency syndrome (AIDS), may wish to continue to engage in as many of their activities as their condition allows, including work and academic pursuits without being discriminated against.

As long as these students and employees are able to meet acceptable performance standards, and medical evidence indicates that attendance at Lake Washington Institute of Technology is not a threat to themselves or others, the College will treat them the same as any other student or employee.

At the same time, Lake Washington Institute of Technology seeks to provide a safe environment for students and employees. Therefore, precautions will be taken, as needed, to ensure that a student’s or employee’s condition does not present a health and/or safety threat to any other individuals on the campus.

Adopted January 8, 1992 Revised May XX, 2021

2.P.07 College Calendar (WAC 495D-136-010)

The Board of Trustees delegates authority to the President to approve college calendar(s). The President or their designee will confer with faculty and other staff as provided for in the college’s bargained agreements and will adopt the college calendar(s) for the ensuing academic year(s). Such calendar(s) will specify for each term the days available for instruction, the days which will constitute the final examination period (if any is scheduled), the days which will be designated as college holidays, and other such dates as the President determines shall be of general use. The calendar for each academic year will begin with the summer term. The calendar(s) adopted as outlined above will be published in the college catalog and will be available in the offices of admissions and registration during regular college business hours.

Adopted December 9, 1992 Revised May XX, 2021

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CHAPTER 2 GENERAL


2.P.09 College Closure (WAC 495D-136-020)

In the event of severe weather conditions, power curtailment, a major disaster, or other emergency, the college President or their designee may close the college by a general announcement to that effect, which shall be conveyed to appropriate news media.

Adopted December 9, 1992

2.P.11 Cancellation of Classes (WAC 495D-136-030)

Classes publicized in quarterly schedule of classes may be cancelled by instructional administration. Advance notice will be provided to students whenever possible and practical. The College shall not incur any liability for personal expenses incurred by students beyond the refund of tuition and fees for such classes, as specified in chapter 495D-135 WAC and published in pubications of the College.


2.P. 12 College Holidays

Lake Washington Institute of Technology shall be closed in observance of the following holidays:

Independence Day Christmas Day Labor Day New Year’s Eve Veterans Day New Year’s Day Thanksgiving Day Martin Luther King Jr. Day Native American Heritage Day Presidents’ Day Christmas Eve Memorial Day

Whenever any holiday recognized within this policy falls upon a Saturday or Sunday, the President or designee shall determine and designate the day to be recognized as the holiday.

Adopted November 1, 1999 Revised May XX, 2021

2.P.13 Reasonable Accommodation

It is the policy of the College, being aware of its obligations under Executive Order 96-04, chapter RCW 49.60, and the Americans with Disabilities Act of 1990, as amended by ADA Amendments Act of 2008, Rehabilitation Act of 1973, to ensure qualified persons with disabilities the right to request and, where determined appropriate, receive reasonable accommodation, unless accommodation would impose an undue hardship on the institution, require a fundamental program alteration, or would lower academic standards.

Reasonable accommodation includes:

1. Ensuring equal opportunity in the application process; 2. Enabling a qualified individual with a disability to perform essential functions of their job; 3. Enabling an employee with a disability to enjoy equal benefits and privileges of

employment; 4. Enabling a student with a disability equal access to services, programs, activities and

facilities of the college.

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https://apps.leg.wa.gov/rcw/default.aspx?cite=49.60

https://apps.leg.wa.gov/rcw/default.aspx?cite=49.60

https://www.ada.gov/

CHAPTER 2 GENERAL


This includes good-faith consideration and interactive engagement regarding reasonable accommodation to all employees, candidates for employment and students. Disability Support Services is the designated office at the college that determines reasonable accommodations and/or services for students with disabilities. Disability Support Services maintains disability-related documents and verifies disability for students who are requesting reasonable accommodations. Disability Support Services also assists Human Resources in recommending and/or providing accommodations for employees. Any employee or candidate for employment requesting reasonable accommodation may contact Human Resources.

Adopted May XX, 2021

2.P.11 Title IX Lake Washington Institute of Technology (the College) recognizes its responsibility to investigate, resolve, implement corrective measures, and monitor the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of sex, as required by Title IX of the Educational Amendments of 1972 and the Violence Against Women Reauthorization Act. To this end, the College will enact and adopt Title IX Grievance Procedure for receiving and investigating Sexual Harassment allegations arising during education programs and activities. Any individual found responsible for violating Lake Washington Institute’s Title IX policy is subject to disciplinary action up to and including dismissal from the College educational programs and activities and/or termination of employment.

Application of this Title IX Grievance Procedure is restricted to allegations of “Sexual Harassment,” as that term is defined in 34 C.F.R. §106.30. Nothing in this procedure limits or otherwise restricts Lake Washington Institute of Technology’s ability to investigate and pursue discipline based on alleged violations of other federal, state, and local laws, their implementing regulations, and other College policies prohibiting gender discrimination through processes set forth in Lake Washington Institute of Technology’s code of student conduct, employment contracts, employee handbooks, and collective bargaining agreements. Any employee, student, applicant, or visitor who believes that they have been the subject of Sexual Harassment should report the incident or incidents to Lake Washington Institute of Technology’s Title IX Coordinator. If the complaint is against that Title IX Coordinator, the Complainant should report the matter to the President’s office for referral to an alternate designee.

RELEVANT LAWS AND OTHER RELATED INFORMATION

Title IX of the Educational Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 RCW 49.60.030 Supplemental Title IX Employee Disciplinary Hearing Procedure Policy on Prevention of Discrimination, Harassment, Bullying, and Retaliation Procedure on Discrimination and Harassment Temporarily Adopted XX, 2020 Adopted May XX, 2021

2.P.15 Equal Opportunity

The College is committed to the concept and practice of equal opportunity for all its students, employees, and applicants in education, employment, services and contracts, and does not discriminate on the basis of a protected class, including age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal

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http://apps.leg.wa.gov/RCW/default.aspx?cite=49.60.030

CHAPTER 2 GENERAL


by a person with a disability, unless based upon a bona fide occupational qualification, and status as a mother breastfeeding her child. In addition, reasonable accommodations will be made for known physical or mental limitations for all otherwise qualified persons with disabilities. Revised May XX, 2021

2.P.16 Affirmative Action

The college is an affirmative action employer and commits to take affirmative action to increase the numbers of protected group members in under-represented areas. Protected groups include Asian, Black/African American, Hispanic, Native American, women, persons over the age of forty, persons of disability, and disabled veterans, who are in positions where it is determined they are under-represented. The College will make every effort to: 1. Remove barriers to equal employment opportunity for protected group members.

2. Improve employment opportunities available to under-represented groups.

The College will: 1. Recruit, hire, train, and promote people in all job classifications based only on their qualifications and

ability or potential ability to do the job. It will consider protected group status only when such is a bona fide occupational qualification.

2. Administer all other personnel actions such as compensation, benefits, layoffs, return from layoffs,

terminations, college-sponsored training, education, tuition assistance, and social and recreational programs without regard to protected group status.

3. Set numerical goals in areas where protected classes are under-represented. It will make every effort

to meet such goals within established timetables.

The President maintains: 1. Overall responsibility to ensure the College administers the equal employment opportunity and af-

firmative action policies effectively.

2. Authority to exercise that responsibility.

Every college employee must make a good faith effort to carry out these policies. Failure to do so may be grounds for disciplinary action.

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2.P.17 Prevention of Discrimination, Harassment, Bullying, and Retaliation

LWTech is committed to providing an environment that fosters respect for all members of the College community. This policy has the goal of promoting an environment that is free of discrimination, harassment, bullying, and retaliation. LWTech recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of a protected class, including age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, unless based upon a bona fide occupational qualification, and status as a mother breastfeeding her child. To this end, the College has enacted policies prohibiting discrimination against and/or harassment of any student, employee, visitor or any member of a legally protected class. Further, the College is committed to ensure that all employees and students work and learn in an environment that fosters mutual respect and professionalism, free from all forms of “bullying” behaviors, including “cyber bullying”. All employees and students are responsible for contributing to such an environment and are expected to treat other employees, students, and visitors with courtesy and respect.

Additonally, LWTech prohibits retaliation against any individual who reports concerns regarding discrimination, harassment, and/or bullying or who cooperates with or participates in any investigation of allegations of discrimination, harassment, bullying, or retaliation under this policy, or any individual who is perceived to have engaged in any of these actions.

Any individual found to be in violation of this policy will be subject to disciplinary action up to and including dismissal from the College or from employment.

Any employee, student, applicant, or visitor who believes that he or she has been the subject of discrimination, harassment, bullying, or retaliation should report the incident or incidents to the College’s Title IX / EEO Coordinator. If the complaint is against that Coordinator, the complainant should report the matter to the college President’s or alternate designee.

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Adopted February 12, 1992 Revised June 6, 2005 Revised May XX, 2021

2.P.18 Employee Relationships

The College recognizes there is an inherent inequality in relationships between students and those college employees with a professional responsibility to teach, advise, counsel or otherwise facilitate students in their academic careers. Consequently, the ability of students to genuinely consent to the romantic or sexual advances of such college personnel must be considered questionable. Such relationships may also create an appearance of favoritism in the eyes of third parties which may contribute to the creation of a hostile educational environment. There is a similar inherent inequality between supervisors and administrators and those college employees whom they supervise when the supervisor or administrator has the ability to affect the employee’s career advancement, pay, job assignments, or other terms and conditions of employment. Such relationships may also create the appearance of favoritism in the eyes of third parties and contribute to the creation of a hostile work environment. Therefore, college employees are prohibited from engaging in any romantic or sexual relationship with or from making any overt romantic or sexual advances upon students whom they have professional responsibility to teach, advise, counsel or otherwise facilitate in their (the students’) academic careers. College employed administrators or supervisors at any level are prohibited from engaging in any romantic or sexual relationship with or from making any overt romantic or sexual advances upon any employee or member of the college community they supervise or the terms and conditions of whose employment or position at the college they have the ability to affect. Complaints may be initiated by a student, employee or other member of the college community who is or has been in a romantic or sexual relationship or is or has been the subject of overt romantic or sexual advances, or by third parties who allege they have been specifically adversely affected by such a relationship. The President may initiate formal proceedings on their own initiative. Any complainant who files a complaint under this policy in willful disregard of the truth may be subject to appropriate disciplinary proceedings. Adopted June 6, 2005 Revised September 17, 2005 Revised May XX, 2021

2.P.19 Conflict of Interest and Ethical Conduct

Chapter 42.52 RCW, Ethics in Public Service, applies to each member of the Board of Trustees and to all employees of the College.

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Adopted February 12, 1992 Revised December 10, 1997 Revised May XX, 2021

2.P.20 Domestic Violence in the Workplace

The College recognizes the impact of domestic violence in the workplace. The College does not tolerate domestic violence in the workplace. This includes abusive or harassing behavior that is physical, sexual, psychological or economical, and is intended to establish and maintain control by a family or household member over another current or former family or household member.

The College will comply with all provisions set forth in RCW 49.76.030. An employee may take reasonable leave, intermittent leave, or leave on a reduced leave schedule from work to:

1. Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s family and/or household members;

2. Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a family and/or household member;

3. Obtain, or assist a family and/or household member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;

4. Obtain, or assist a family and/or household member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or

5. Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family and/ or household members from future domestic violence, sexual assault, or stalking.

All employees are encouraged to report domestic violence, including elder abuse. Additionally, employees and and/or their family members are encouraged to use the Washington State Employees Assistance Program (EAP) to receive assistance and referrals.

Nothing in this policy prevents an employee from seeking civil action if he or she is injured by any act in violation of the Domestic Violence Leave Law.

Adopted May XX, 2021 2.P.21 Mandatory Reporting of Child Abuse

In accordance with RCW 26.44 it is the policy of the College that all employees report child abuse whether the alleged abuse is learned of in their official College capacity, or not. The report must be made at the first opportunity, and never later than 48 hours after the College employee has reasonable cause to believe that a child has suffered abuse or neglect.

Adopted May XX, 2021 2.P.22 College-Sponsored Social Media Engagement

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The purpose of this policy is to define the terms and circumstances under which board members, college employees (including faculty, staff and student employees), and/or other agents of the College, may use social media to represent the College, communicate college policy, or represent an official college position.

The term "social media" refers to any web-based or mobile technologies that enable individuals or entities to disseminate or receive information, communicate, or otherwise interact. The term includes email, texting, messaging, social networking, blogging, micro-blogging, photo/video/multi-media file sharing, bulletin boards, and so on, through providers including but not limited to Facebook, LinkedIn, Twitter, Instagram, and YouTube.

Washington state laws and regulations pertaining to records retention apply to all social media sites and/or pages posted on behalf of a college unit, department or division.

Employees of the College are responsible for any social media activity they conduct:

1. Using a college email address or on a college website; 2. Which can be traced back to a college domain; and/or, 3. Which uses the college's information systems.

Employees and/or agents of the College must observe and follow: (i) existing college policies and procedures; (ii) applicable employee handbooks and collective bargaining agreements, (iii) the College's Acceptable Use policy; (iv) the College's Prevention of Discrimination, Harassment, Bullying, and Retaliation Policy; (v) the College's Mission, Vision, and Core Values (vi) the policies of the particular online/social networking venue governing the use and activity conducted on their sites, which are sometimes referred to as "Terms of Use"; (vii) applicable local, state and federal laws and regulations including but not limited to FERPA, RCW 42.52 regarding ethics in public service, WAC 292-110-010 regarding use of state resources; and, (viii) Guidelines and Best Practices for Social Media Use in Washington State (Office of the Governor).

When posting to social media sites, copyright and intellectual property rights of others must be honored, including those of the College. For guidance, contact a librarian.


2.P.23 Charitable Organizations The college President or designee may authorize the limited use of state resources to support, promote, or solicit on behalf of charitable organizations. Adopted February 5, 2018

2.P.25 College Equipment Use

Article VII, Section 7 of the state’s constitution prohibits the lending of the state’s credit or money to any individual. College equipment is state equipment. The use of state equipment is restricted by law and regulation to official state business on or off campus. No state officer or state employee may employ or use any property under the officer or employee’s official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another. (RCW 42.52.360)

College-owned equipment, tools, computers, etc. are not to be removed from college facilities for any reason, except with the written permission of the college president or his or her designee. This policy applies to all faculty, administrators, and classified staff, both full and part-time. Off-campus use of state-owned

40

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equipment, tools, computers, etc. must be approved in accordance with procedures established by the president, and such use will be limited to authorized college business or purposes.

Adopted July 10, 1996

2.P.27 Legal Assistance

The attorney general is the official legal advisor to all college boards (RCW 8B.10.510). An assistant attorney general is assigned to work directly with the board and the President, providing the following advisory services:

1. Oral advice in response to informal requests.

2. Memoranda in response to written requests.

3. Letter opinions appropriate to the college and circumstance.

4. Formal opinions in response to specific formal request, which are publicly distributed.

All informal inquiry, informal request, written request, letter opinion, and formal opinion communications with the College’s assigned assistant attorney general, or with other offices of the attorney general, will be conducted through the Office of the President or designee. A record of attorney general opinions will be maintained for six years in accordance with GS 18003.


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2.P.31 Committees and Councils

The college will create and maintain standing and ad hoc committees to take part in shared governance and decision-making. College committees will:

1. Develop recommendations.

2. Communicate and publish information.

3. Accomplish assigned college business.

Committee membership may include representation from college: 1. Administrators.

2. Faculty.

3. Staff.

4. Students.

5. Community members.

Adopted November 12, 1997 Revised May 2, 2011

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2.P.40 Donation Acceptance

1. Donations may be solicited for the College by staff for approved college activities with prior approval by the staff member’s supervisor.

2. Donations may not be accepted for the College without supervisor approval.

3. All donations received in the name of and for the benefit of Lake Washington Institute of

Technology shall be approved of, receipted by, and accounted for by the College treasurer and become state property.

4. All donations received in the name of or for the benefit of Lake Washington College

Foundation shall be approved of, receipted by, and accepted by the foundation director.

Adopted November 12, 1997

2.P.50 Access to Public Records (WAC 495D-276-010)

The College will comply with the provisions of RCW Chapter 42.56, the Public Records Act, while at the same time preserving the orderly operation of the College and the privacy of students and employees. The College’s rules regarding public records are found at WAC 495D-276. Adopted July 8, 1992 Revised May XX, 2021

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2.P.70 Copyright And Patent Policies (WAC 495D-180-005)

The Board of Trustees recognizes that, as part of the institutional educational mission, the development of certain materials by faculty, staff, and students may enhance the educational process while also potentially having copyright and patent implications. The College’s rules regarding copyright and patents can be found in WAC 495D-180. Adopted December 9, 1992 Revised May XX, 2021

2.P.90 Practice And Procedure—Adoption of Model Rules of Procedure (WAC 495D-108-010)

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this College. Those rules may be found in chapter 10-08 WAC. Other college procedural rules adopted in this title may be found at WAC 495D-108 and are supplementary to the model rules of procedure. In the case of a conflict btween the model rules of procedure and procedural rules adopted by this college, the College rules prevail.

Adopted July 8, 1992 Revised May XX, 2021

2.P.99 Rules Coordinator (WAC 495A-134-010)

The rules coordinator for Lake Washington Institute of Technology is the President or their designee.

Lake Washington Institute of Technology 11605 132nd Avenue Northeast Kirkland, WA 98034-8506

Adopted July 8, 1992 Revised May X, 2021

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CHAPTER 2 GENERAL


Resources: 1. Office of Financial Management (State Administrative and Accounting Manual)

http://www.ofm.wa.gov/policy/default.asp 2. Revised Code of Washington

http://apps.leg.wa.gov/rcw/ 3. Washington Administrative Code

http://apps.leg.wa.gov/wac/

2.P.15, 2.P.16, 2.P.37 Revised and Adopted February 3, 2014

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CHAPTER 2 GENERAL


2.P.01 Emeritus Status

The Board of Trustees may grant emeritus status to a former Trustee or college President who meets approved criteria. The Board of Trustees shall review and approve the criteria granting emeritus status.

Adopted April 30, 2018

2.P.03

2.P. 03 Alcohol and Drug Use

The College is committed to providing an environment that enhances learning and promotes the safety and well-being of students, employees, volunteers, and the general public; in particular, as many of the College’s instructional programs involve the use of equipment and machinery.

To help achieve these goals, the College prohibits the following:

1. Consumption of alcohol on its premises or at college-sanctioned events, except in accordance with state of Washington liquor license procedures and applicable college procedures;

2. Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances that are illegal under federal, state, or local law on college property or during college-sponsored activities;

3. Use, possession, delivery, sale, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

4. Operation of college vehicles, machinery, or equipment while using legally-prescribed drugs where such use is contra-indicated for driving or operating machinery or equipment.

Violation of the college's alcohol and drug prohibitions is cause for disciplinary or other appropriate action.

College community members should be aware that: It can be dangerous to use and abuse alcohol and other drugs; and, Many illnesses and deaths have been medically-related to the use and abuse of illegal drugs and

alcohol; and, The College has declared itself to be a drug-free work and educational environment; and, Employees, students, and volunteers who are found to be in violation of federal, state, or local law

prohibiting the use or possession of illegal drugs may be subject to arrest and conviction under the applicable criminal laws of local municipalities, the state of Washington, or the United States. Conviction can result in sanctions including probation, fines, and imprisonment; and,

Employees and volunteers who violate this policy are subject to disciplinary action, including termination, and referral for prosecution; and,

Students who violate this policy are subject to disciplinary sanctions including: warning and reprimand, disciplinary probation, suspension, or dismissal in accordance with the Student Conduct Code; and,

Assistance is available to employees, students, or volunteers who disclose that they have an alcohol or drug abuse problem as noted in the College’s procedures; however, those individuals remain responsible for resolving any alcohol or drug abuse problems they may have.

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1. Substance Abuse

The board of trustees intends to promote the health and well-being of students and college personnel. The college is committed to an ongoing substance abuse prevention, education, and assistance program. Specific procedures relating to substance abuse prevention education, identification, constructive intervention, information, assistance, and referral shall be developed by the college, consistent with existing law and the best interests of all concerned.

These procedures shall be reviewed and published annually and updated when necessary to comply with current law and to reflect current medical knowledge and abuse prevention practices.

2. Alcoholic Beverages

The use of alcoholic beverages on campus shall conform with the following:

A. Lake Washington Institute of Technology reserves the right to permit the use

of alcoholic beverages on the campus, as deemed appropriate.

B. When approved by the president, alcoholic beverages may be served by a recognized campus organization, college administrative unit, or community organization.

C. Approval of alcoholic beverages on campus must be requested at least four-

teen (14) working days prior to the date of use. Each program event will be limited to beer and wine service purchased in conjunction with food.

D. All requests from student organizations are to be filed with the office of the

executive vice president, instructional services. All other requests are to be filed with the president’s office. If the request is congruent with the best interests of the requesting organization and the college, the request may be approved.

E. The application for use of alcoholic beverages on campus must be completed

by an authorized representative of the organization who accepts responsibility for compliance with the college and other governmental rules and regulations, where applicable, and agrees to be present at the specific function. A banquet permit is required.

F. The approving administrative official or designee shall be available at func-

tions where alcoholic beverages are being served, and has the authority to make decisions that might arise concerning college policies or procedures.

G. All events where alcoholic beverages are served will be approved in accord-

ance with Washington State Liquor Control Board guidelines which permit the consumption of alcoholic beverages at such events.

H. The approving college official shall designate the specific location for the dis-

tribution of alcoholic beverages at approved events. A driver’s license with

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picture or a Washington State identification card will be the only acceptable forms of identification to obtain access to the designated distribution locations.

I. Alcoholic beverages will be served and consumed only in a designated area.

J. All sales and use of alcoholic beverages will be covered by the Washington

State Law, as interpreted by the Washington State Liquor Control Board.

K. Nonalcoholic beverages will be available to persons under legal age at all college events where alcoholic beverages are served.

L. The college reserves the right to require that security be provided at any

function where alcoholic beverages are being served.

M. No person who is under the influence of alcohol or dangerous substances, or who is disorderly in conduct, shall be allowed to serve, consume, or dispense alcoholic beverages.

Adopted January 8, 1992 Revised May XX, 2021 2.P.05 Chronic and/or Communicable Disease

Lake Washington Institute of Technology recognizes that students, staff, faculty, administrators and their dependents with life-threatening, chronic, or debilitating illnesses, including but not limited to cancer, heart disease and acquired immune deficiency syndrome (AIDS), may wish to continue to engage in as many of their activities as their condition allows, including work and academic pursuits without being discriminated against.

As long as these students and employees are able to meet acceptable performance standards, and medical evidence indicates that attendance at Lake Washington Institute of Technology is not a threat to themselves or others, the College will treat them the same as any other student or employee.

At the same time, Lake Washington Institute of Technology seeks to provide a safe environment for students and employees. Therefore, precautions will be taken, as needed, to ensure that a student’s or employee’s condition does not present a health and/or safety threat to any other individuals on the campus.The board of trustees intends to promote the health and well-being of students and college personnel. The college is committed to providing education about the transmission and prevention of chronic, communicable diseases, including acquired immune deficiency syndrome (AIDS). Specific procedures relating to chronic communicable diseases shall be developed by the college, consistent with existing law and the best interests of all concerned. These procedures shall be reviewed annually and updated when necessary to comply with current law and to reflect current medical knowledge.

Adopted January 8, 1992 Revised May XX, 2021

2.P.07 College Calendar (WAC 495D-136-010)

The Board of Trustees delegates authority to the President to approve college calendar(s). The President or their designee will confer with faculty and other staff as provided for in the college’s bargained agreements

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and will adopt the college calendar(s) for the ensuing academic year(s). Such calendar(s) will specify for each term the days available for instruction, the days which will constitute the final examination period (if any is scheduled), the days which will be designated as college holidays, and other such dates as the President determines shall be of general use. The calendar for each academic year will begin with the summer term. The calendar(s) adopted as outlined above will be published in the college catalog and will be available in the offices of admissions and registration during regular college business hours. At its regular December meeting, or such subsequent regular meeting as is practical, the board of trustees, upon recommendation from the president and after such conference with faculty and other staff as provided for in the college’s bargained agreements, will adopt the college calendar(s) for the ensuing academic year(s). The president will solicit comments from all college staff regarding revisions to the calendar(s) prior to completing such recommendations to the board. Such calendar(s) will specify for each term the days available for instruction, the days which will constitute the final examination period (if any is scheduled), the days which will be designated as the college holidays, and other such dates as the board determines shall be of general use. The calendar for each academic year will begin with the summer term. The calendar(s) adopted as outlined above will be published in the college catalog and will be available in the offices of admissions and registration during regular college business hours.

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2.P.09 College Closure (WAC 495D-136-020)

In the event of severe weather conditions, power curtailment, a major disaster, or other emergency, the college Ppresident or his or hertheir designee may close the college by a general announcement to that effect, which shall be conveyed to appropriate news media.


2.P.11 Cancellation of Classes (WAC 495D-136-030)

Classes publicized in the printed quarterly schedule of classes may be cancelled by instructional administration. the registrar. Ad- vance notice will be provided to students whenever possible and practical. The Ccollege shall not incur any liability for personal expenses incurred by students beyond the refund of tuition and fees for such classes, as specified in chapter 495D-135 WAC and published in pubications of the College.:

1. The refund of tuition and fees for such classes, as specified in chapter 495D-135 WAC

and published in publications of the college; and

2. The refund of payment for texts and supplies required for the canceled class(es) which were purchased in the college bookstore, as provided by chapter 495D-144 WAC and in publications of the college and college bookstore.


2.P.12 Personal Leave 1. Administrative staff shall be eligible for up to three (3) days of personal leave with pay each year. 2. Personal leave shall not accrue from year to year. Adopted October 4, 2005

2.P.13 2.P. 12 College Holidays

Lake Washington Institute of Technology shall be closed in observance of the following holidays:

Independence Day Christmas Day Labor Day New Year’s Eve Day Veterans Day New Year’s Day Thanksgiving Day Martin Luther King Jr. Dayg’s Birthday Day After ThanksgivingNative American Heritage Day Presidents’ Day Day Before ChristmasChristmas Eve Memorial Day

Whenever any holiday recognized within this policy falls upon a Saturday or Sunday, the President or designee shall determine and designate the day to be recognized as the holiday.


2.P.13 Reasonable Accommodation

It is the policy of the College, being aware of its obligations under Executive Order 96-04, chapter RCW 49.60, and the Americans with Disabilities Act of 1990, as amended by ADA Amendments Act of 2008,

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Rehabilitation Act of 1973, to ensure qualified persons with disabilities the right to request and, where determined appropriate, receive reasonable accommodation, unless accommodation would impose an undue hardship on the institution, require a fundamental program alteration, or would lower academic standards.

Reasonable accommodation includes:

1. Ensuring equal opportunity in the application process; 2. Enabling a qualified individual with a disability to perform essential functions of their job; 3. Enabling an employee with a disability to enjoy equal benefits and privileges of

employment; 4. Enabling a student with a disability equal access to services, programs, activities and

facilities of the college.

This includes good-faith consideration and interactive engagement regarding reasonable accommodation to all employees, candidates for employment and students. Disability Support Services is the designated office at the college that determines reasonable accommodations and/or services for students with disabilities. Disability Support Services maintains disability-related documents and verifies disability for students who are requesting reasonable accommodations. Disability Support Services also assists Human Resources in recommending and/or providing accommodations for employees. Any employee or candidate for employment requesting reasonable accommodation may contact Human Resources.


2.P.11 Title IX Lake Washington Institute of Technology (the College) recognizes its responsibility to investigate, resolve, implement corrective measures, and monitor the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of sex, as required by Title IX of the Educational Amendments of 1972 and the Violence Against Women Reauthorization Act. To this end, the College will enact and adopt Title IX Grievance Procedure for receiving and investigating Sexual Harassment allegations arising during education programs and activities. Any individual found responsible for violating Lake Washington Institute’s Title IX policy is subject to disciplinary action up to and including dismissal from the College educational programs and activities and/or termination of employment.

Application of this Title IX Grievance Procedure is restricted to allegations of “Sexual Harassment,” as that term is defined in 34 C.F.R. §106.30. Nothing in this procedure limits or otherwise restricts Lake Washington Institute of Technology’s ability to investigate and pursue discipline based on alleged violations of other federal, state, and local laws, their implementing regulations, and other College policies prohibiting gender discrimination through processes set forth in Lake Washington Institute of Technology’s code of student conduct, employment contracts, employee handbooks, and collective bargaining agreements. Any employee, student, applicant, or visitor who believes that they have been the subject of Sexual Harassment should report the incident or incidents to Lake Washington Institute of Technology’s Title IX Coordinator. If the complaint is against that Title IX Coordinator, the Complainant should report the matter to the President’s office for referral to an alternate designee.

RELEVANT LAWS AND OTHER RELATED INFORMATION

Title IX of the Educational Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Title VII of the Civil Rights Act of 1964, the Age Discrimination Act

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of 1975 RCW 49.60.030 Supplemental Title IX Employee Disciplinary Hearing Procedure Policy on Prevention of Discrimination, Harassment, Bullying, and Retaliation Procedure on Discrimination and Harassment Temporarily Adopted XX, 2020 Adopted May XX, 2021

2.P.15 Equal Employment Opportunity.

The College is committed to the concept and practice of equal opportunity for all its students, employees, and applicants in education, employment, services and contracts, and does not discriminate on the basis of a protected class, including age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, unless based upon a bona fide occupational qualification, and status as a mother breastfeeding her child. In addition, reasonable accommodations will be made for known physical or mental limitations for all otherwise qualified persons with disabilities.Policy. Revised May XX, 2021 The college provides equal opportunity in education and employment per state and federal law. The college prohibits discrimination against any person due to race or ethnicity, creed, color, national


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origin, citizenship, sex, marital status, sexual orientation, gender identity, age, religion, the presence of any sensory, mental, or physical disability, genetic information, or veteran status. 1. Nondiscrimination Statement. The college does not discriminate on the basis of race or ethnicity, creed, color, national origin, citizenship, sex, marital status, sexual orientation, gender identity, age, religion, the presence of any sensory, mental, or physical disability, genetic information, or veteran status. 2. Additional Information or Complaints. Inquiries regarding compliance procedures and complaints may be directed to the college's Affirma- tive Action Officer: Mr. Greg Roberts Executive Director, Human Resources Affirmative Action Officer/Title IX Coordinator 11605 132nd Ave NE Kirkland, WA 98034 [email protected] (425) 739-8212 (425) 739-8122 (TDD)

2.P.16 Affirmative Action.

2.P.16 The college is an affirmative action employer and commits to take affirmative action to increase the numbers of protected group members in under-represented areas. Protected groups include Asians, Black/African Americans, Hispanics, Native Americans, women, persons over the age of forty, persons of disability, and disabled veterans, who are in positions where it is determined they are under-represented. The Ccollege will make every effort to: 1. Remove barriers to equal employment opportunity for protected group members.

2. Improve employment opportunities available to under-represented groups.

The Ccollege will: 1. Recruit, hire, train, and promote people in all job classifications based only on their qualifications and

ability or potential ability to do the job. It will consider protected group status only when such is a bona fide occupational qualification.

2. Administer all other personnel actions such as compensation, benefits, layoffs, return from layoffs,

terminations, college-sponsored training, education, tuition assistance, and social and recreational programs without regard to protected group status.

3. Set numerical goals in areas where protected classes are under-represented. It will make every effort

to meet such goals within established timetables.

The Ppresident maintains: 1. Overall responsibility to ensure the Ccollege administers the equal employment opportunity and

affirmative action policies effectively.

2. Authority to exercise that responsibility.

Every college employee must make a good faith effort to carry out these policies. Failure to do so may be grounds for disciplinary action.

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2.P.17 Prevention of Discrimination, Sexual Harassment, Bullying, and Retaliation

LWTech is committed to providing an environment that fosters respect for all members of the College community. This policy has the goal of promoting an environment that is free of discrimination, harassment, bullying, and retaliation. LWTech recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of a protected class, including age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, unless based upon a bona fide occupational qualification, and status as a mother breastfeeding her child. To this end, the College has enacted policies prohibiting discrimination against and/or harassment of any student, employee, visitor or any member of a legally protected class. Further, the College is committed to ensure that all employees and students work and learn in an environment that fosters mutual respect and professionalism, free from all forms of “bullying” behaviors, including “cyber bullying”. All employees and students are responsible for contributing to such an environment and are expected to treat other employees, students, and visitors with courtesy and respect.

Additonally, LWTech prohibits retaliation against any individual who reports concerns regarding discrimination, harassment, and/or bullying or who cooperates with or participates in any investigation of allegations of discrimination, harassment, bullying, or retaliation under this policy, or any individual who is perceived to have engaged in any of these actions.

Any individual found to be in violation of this policy will be subject to disciplinary action up to and including dismissal from the College or from employment.

Any employee, student, applicant, or visitor who believes that he or she has been the subject of discrimination, harassment, bullying, or retaliation should report the incident or incidents to the College’s Title IX / EEO Coordinator. If the complaint is against that Coordinator, the complainant should report the matter to the college President’s or alternate designee.Sexual harassment is a violation of federal and state law and has the capacity to tarnish the academic and work environment of an educational institution. Sexual harassment in any form, by any member of the College community, including employees, agents, volunteers and representatives, students, and all other persons authorized to be present on the campus or to represent the College at any time or place, is therefore prohibited by Lake Washington Institute of Technology. While it is the responsibility of the College to publish and make known this policy to members of the College community, it is the responsibility of members to be familiar and comply with its provisions.

Sexual harassment can occur between members of the opposite sex or between members of the same sex, among College employees, among students, among other persons on campus, or between any of these persons. In some cases, sexual harassment may occur when a third party reasonably believes that a person in some position of authority gives or appears to give preferential treatment to another person in consideration of a romantic or sexual relationship.

It is a violation of College policy for any member of the College community to engage in sexual harassment. Furthermore, it is a violation of policy to retaliate against any individual or group of


Commented [EDL(2]: From RCW 49.60.180 (plus gender identity and breast feeding)


Commented [PM3]: New Policy? See Derek’s email from SC


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individuals who brings an allegation or files a complaint of sexual harassment, or who participates in any proceeding to determine if sexual harassment has occurred. Violations of these policies may result in disciplinary action up to and including dismissal from the College. Complaints of sexual harassment or violation(s) of these policies must be filed with the affirmative action officer or designee in accordance with policy 2.P.82 or 2.P.83.

Definitions: 1. Sexual harassment is defined as unwelcome sexual advances, requests for sexual fa-

vors and other oral or written communication or physical conduct of a sexual nature when:

A. Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual’s employment or academic standing;

B. Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or

C. Such conduct has the purpose or effect of unreasonably interfering with an

individual’s work or academic performance, or such conduct creates an intimidating, hostile or abusive work or academic environment.

2. Sexual harassment is further defined as conduct which places an objectionable em-

phasis on the sexuality or sexual identity of a person when:

A. The objectionable acts are directed toward person(s) of either sex;

B. The intent or effect of the objectionable act(s) is to limit or deny full and equal participation in employment or educational services, opportunities or benefits; or

C. The intent or effect of the objectionable act(s) is to create an intimidating, hos-

tile or offensive academic or work environment for the member of either sex.


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Adopted February 12, 1992 Revised June 6, 2005 Revised May XX, 2021

2.P.18 Conflicts of Interest and Abuses of Power: Sexual or Romantic Relationships with Stu-

dents, Employees, or Members of the Campus CommunityEmployee Relationships

The College recognizes there is an inherent inequality in relationships between students and those college employees with a professional responsibility to teach, advise, counsel or otherwise facilitate students in their academic careers. Consequently, the ability of students to genuinely consent to the romantic or sexual advances of such college personnel must be considered questionable. Such relationships may also create an appearance of favoritism in the eyes of third parties which may contribute to the creation of a hostile educational environment. There is a similar inherent inequality between supervisors and administrators and those college employees whom they supervise when the supervisor or administrator has the ability to affect the employee’s career advancement, pay, job assignments, or other terms and conditions of employment. Such relationships may also create the appearance of favoritism in the eyes of third parties and contribute to the creation of a hostile work environment. Therefore, college employees are prohibited from engaging in any romantic or sexual relationship with or from making any overt romantic or sexual advances upon students whom they have professional responsibility to teach, advise, counsel or otherwise facilitate in their (the students’) academic careers. College employed administrators or supervisors at any level are prohibited from engaging in any romantic or sexual relationship with or from making any overt romantic or sexual advances upon any employee or member of the college community they supervise or the terms and conditions of whose employment or position at the college they have the ability to affect. Complaints may be initiated by a student, employee or other member of the college community who is or has been in a romantic or sexual relationship or is or has been the subject of overt romantic or sexual advances, or by third parties who allege they have been specifically adversely affected by such a relationship. The President may initiate formal proceedings on their own initiative. Any complainant who files a complaint under this policy in willful disregard of the truth may be subject to appropriate disciplinary proceedings. Adopted June 6, 2005 Revised September 17, 2005 Revised May XX, 2021 There is an inherent inequality in relationships between students and those College employees with a professional responsibility to teach, advise, counsel or otherwise facilitate students in their academic careers. Consequently the ability of students to genuinely consent to the romantic or sexual advances of such Col- lege personnel must be considered questionable. Such relationships may also create an appearance of favoritism in the eyes of third parties which may contribute to the creation of a hostile educational environment.

There is a similar inherent inequality between supervisors and administrators and those College employees whom they supervise when the supervisor or administrator has the ability to affect the employees’ career advancement, pay, job assignments, or other terms and conditions of employment. Such relationships may also create the appearance of favoritism in the eyes of third parties and contribute to the creation of a hostile work environment. Therefore, College employees are prohibited from engaging in any romantic or sexual relationship with or from making any overt romantic or sexual advances upon students whom they have professional re-




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sponsibility to teach, advise, counsel or otherwise facilitate in their (the students’) academic careers.

College employed administrators or supervisors at any level are prohibited from engaging in any romantic or sexual relationship with or from making any overt romantic or sexual advances upon any employee or member of the College community they supervise or the terms and conditions of whose employment or position at the College they have the ability to affect.

Complaints may be initiated by a student, employee or other member of the College community who is or has been in a romantic or sexual relationship or is or has been the subject of overt romantic or sexual advances, or by third parties who allege they have been specifically adversely affected by such a relationship.

The President may initiate formal proceedings on his or her own initiative.

Any complainant who files a complaint under this policy in willful disregard of the truth may be subject to appropriate disciplinary proceedings.

Adopted June 6, 2005 Revised September 17, 2005

2.P.19 Executive Conflict of Interest and Ethical Conduct

Chapter 42.52 RCW, Ethics in Public Service, applies to each member of the Board of Trustees and to all employees of the College. Pursuant to the Ethics in Public Service Act (chapter 42. 52 RCW), the board of trustees promulgates, for the guidance of its employees, regulations relating to conflict of interest appropriate in view of the college’s educational objective. The college policy supplements the Ethics in Public Service Act and any amendments thereto, as well as any executive orders promulgated pursuant to the Act. It is a dual objective in prescribing these essential restrictions against conflicts of interest by the college to not create un- necessary barriers to recruitment and retention of needed personnel. No administrator, faculty member, employee or agent of the college shall:

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1. Have a direct and substantial interest, financial or otherwise, or engage in any business or transaction or professional activity, or incur any obligation of any nature which is in direct and substantial conflict with the proper discharge of his/her official district duties or is in conflict with the public interest in his/her capacity as an administrator, faculty member, employee or agent of the college.

2. Transact or participate in a transaction of any business in his/her official capacity as

a college employee with any business entity of which he/she is an officer, agent, employee, or a member, or in which he/she or his/her spouse or minor child has a direct and substantial economic interest. This includes faculty members requiring students to purchase books, tests, or supplies where the faculty member has a personal economic interest in the sales.

In matters where the possibility of conflict exists, reference should be made to the Act, this policy, and advice of legal counsel should be obtained prior to any action. College employees may seek a waiver from the president or his/her designee by notifying the president or his/her designee of any employment, activity, or interest, other than the college, which would reasonably be considered a conflict of interest or which would interfere with the satisfactory performance of his/her assigned duties.

If it is determined that other employment or other interest is in conflict with his/her assigned duties and that remedial action is required, the employee shall take immediate action to end such conflict and advise the president or his/her designee of the action taken.

Failure to take remedial action as determined by the president or his/her designee shall constitute just cause to dismiss, suspend, or take such other disciplinary action as may be appropriate with respect to any employee upon finding that such employee has violated any provision of the Ethics in Public Service Act and/or this policy. Adopted February 12, 1992 Revised December 10, 1997 Revised May XX, 2021

2.P.20 Domestic Violence in the Workplace 1

The College recognizes the impact of domestic violence in the workplace. The College does not tolerate domestic violence in the workplace. This includes abusive or harassing behavior that is physical, sexual, psychological or economical, and is intended to establish and maintain control by a family or household member over another current or former family or household member.

The College will comply with all provisions set forth in RCW 49.76.030. An employee may take reasonable leave, intermittent leave, or leave on a reduced leave schedule from work to:

1. Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s family and/or household members;

1. Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a family and/or household member;

2. Obtain, or assist a family and/or household member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;

3. Obtain, or assist a family and/or household member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or

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4. Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family and/ or household members from future domestic violence, sexual assault, or stalking.

All employees are encouraged to report domestic violence, including elder abuse. Additionally, employees and and/or their family members are encouraged to use the Washington State Employees Assistance Program (EAP) to receive assistance and referrals.

Nothing in this policy prevents an employee from seeking civil action if he or she is injured by any act in violation of the Domestic Violence Leave Law.

Adopted May XX, 2021 2.P.21 Mandatory Reporting of Child Abuse

In accordance with RCW 26.44 it is the policy of the College that all employees report child abuse whether the alleged abuse is learned of in their official College capacity, or not. The report must be made at the first opportunity, and never later than 48 hours after the College employee has reasonable cause to believe that a child has suffered abuse or neglect.

Adopted May XX, 2021 2.P.22 College-Sponsored Social Media Engagement

The purpose of this policy is to define the terms and circumstances under which board members, college employees (including faculty, staff and student employees), and/or other agents of the College, may use social media to represent the College, communicate college policy, or represent an official college position.

The term "social media" refers to any web-based or mobile technologies that enable individuals or entities to disseminate or receive information, communicate, or otherwise interact. The term includes email, texting, messaging, social networking, blogging, micro-blogging, photo/video/multi-media file sharing, bulletin boards, and so on, through providers including but not limited to Facebook, LinkedIn, Twitter, Instagram, and YouTube.

Washington state laws and regulations pertaining to records retention apply to all social media sites and/or pages posted on behalf of a college unit, department or division.

Employees of the College are responsible for any social media activity they conduct:

1. Using a college email address or on a college website; 2. Which can be traced back to a college domain; and/or, 3. Which uses the college's information systems.

Employees and/or agents of the College must observe and follow: (i) existing college policies and procedures; (ii) applicable employee handbooks and collective bargaining agreements, (iii) the College's Acceptable Use policy; (iv) the College's Prevention of Discrimination, Harassment, Bullying, and Retaliation Policy; (v) the College's Mission, Vision, and Core Values (vi) the policies of the particular online/social networking venue governing the use and activity conducted on their sites, which are sometimes referred to as "Terms of Use"; (vii) applicable local, state and federal laws and regulations including but not limited to FERPA, RCW 42.52 regarding ethics in public service, WAC 292-110-010













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regarding use of state resources; and, (viii) Guidelines and Best Practices for Social Media Use in Washington State (Office of the Governor).

When posting to social media sites, copyright and intellectual property rights of others must be honored, including those of the College. For guidance, contact a librarian.


2.P.23 Charitable Organizations The college President or designee may authorize the limited use of state resources to support, promote, or solicit on behalf of charitable organizations. Adopted February 5, 2018 Employee Ethical Conduct Pursuant to the Washington Ethics in Public Service Law (chapter 42.52 RCW), the board of trustees promulgates, for the guidance of its employees, regulations relating to standards of ethical conduct appropriate in view of the college’s educational objective. The college policy supplements the Ethics in Pub- lic Service law and any amendments thereto, as well as executive branch agency substantive rules (chapter 292-110 WAC) and any executive orders promulgated pursuant to the law. Lake Washington Institute of Technology is a state agency operated in accordance with state laws and rules. To protect the public interest, college employees are obligated to treat their positions as a public trust, using their official powers and duties and the resources of the college only to advance the public interest. This obligation requires that all college employees:. 1. Protect the integrity of the college by being independent and impartial in the exercise of their duties, avoiding the use of their positions for personal gain or private benefit. 2. Promote an environment free from fraud, abuse of authority, and misuse of public property. 3. Create a work environment that is free from all forms of unlawful discrimination and harassment.








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4. Treat members of the campus community and of the community at large with respect, concern, courtesy, and responsiveness. 5. Protect confidential information to which employees have access in the course of their duties. 6. Not have a financial interest or engage in any activity that is in conflict with the proper discharge of the employee’s official duties. 7. Not use their official position to secure special privileges for themselves or any other person or organization. 8. Not receive compensation from any person or organization, except the state of Wash- ington, for performing their official duties. The board of trustees directs the president to establish procedures to implement the policy and to publish the basic principles of the Ethics in Public Service law for all college staff to use in the daily conduct of their duties. Adopted November 12, 1997

2.P.25 College Equipment Use

Article VII, Section 7 of the state’s constitution prohibits the lending of the state’s credit or money to any individual. College equipment is state equipment. The use of state equipment is restricted by law and regulation to official state business on or off campus. No state officer or state employee may employ or use any property under the officer or employee’s official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another. (RCW 42.52.360)

College-owned equipment, tools, computers, etc. are not to be removed from college facilities for any reason, except with the written permission of the college president or his or her designee. This policy applies to all faculty, administrators, and classified staff, both full and part-time. Off-campus use of state-owned equipment, tools, computers, etc. must be approved in accordance with procedures established by the president, and such use will be limited to authorized college business or purposes.


2.P.27 Legal Assistance

The attorney general is the official legal advisor to all college boards (RCW 8B.10.510). An assistant attorney general is assigned to work directly with the board and the Ppresident, providing the following advisory services:

1. Oral advice in response to informal requests.

2. Memoranda in response to written requests.

3. Letter opinions appropriate to the college and circumstance.

4. Formal opinions in response to specific formal request, which are publicly distributed.

All informal inquiry, informal request, written request, letter opinion, and formal opinion communications with the Ccollege’s assigned assistant attorney general, or with other offices of the attorney general, will be conducted through the Ooffice of the Ppresident, executive vice president for












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instructional services, or vice president for administrative services. or designee. A record of attorney general opinions will be maintained for six years in accordance with GS 18003. in the office of the vice president for administrative services.

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All informal inquiry, informal request, written request, letter opinion, and formal opinion communications with the college’s assigned assistant attorney general, or with other offices of the attorney general, will be conducted through the office of the president, executive vice president for instructional services, or vice president for administrative services. A record of attorney general opinions will be maintained in the office of the vice president for administrative services.


2.P.29 Comprehensive Staff Development

1. Staff Development Philosophy

The board of trustees is committed to fostering an environment which promotes and values the full development of all college staff. The board believes it is essential to encourage the continuing growth of a well-educated, well-trained professional staff that is highly skilled in areas essential to the fulfillment of the college’s mission, strategic plan, goals, and objectives. Staff development at Lake Washington should provide opportunities and direction to build and enhance current and future performance skills.

The board of trustees recognizes that the environment in which the college operates is changing rapidly. A leading-edge program of staff development must anticipate timely changes in the college’s needs. Such a program will concentrate staff development efforts on ability to use new technologies and college systems. It will also offer and structure staff development based on the assessed needs of specific individuals and focus on changing student needs.

The board of trustees believes an effective staff development program includes both central coordination and the facilitation of a concerted effort to address the growth of all regular employees. It also requires the allocation of an adequate level of resources to provide the time, expertise, and materials necessary to attain training and development objectives. At the same time, staff should not have to devote discretionary training resources to college-required activities.

To this end, the board of trustees envisions the creation and maintenance of a comprehensive staff development program which includes broad participation of employees in its design, includes a range of required as well as discretionary activities, and incorporates an outcomes assessment consistent with program objectives. The president will establish procedures to effect this end. These procedures shall be reviewed and published annually and updated when necessary to comply with current law and the needs of the college.

2. Training and Development Programs

Training and development programs should be designed for to:

A. Professional Growth: Support opportunities for staff to gain the skills neces-

sary for successful performance of job descriptions. Provide opportunities for staff to gain skills necessary for upward mobility.

B. College Growth: Support training which will result in the most effective and

economic assignment of staff for accomplishing institutional goals.

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C. Job Growth: Support opportunities for employees to retrain for other fields of endeavor within the college. This should include situations where an employee’s skills may have deteriorated due to physical disability.

It is not the intent of this policy, nor of the provisions describing training and development programs, to obligate the college to provide any specific form of training for a particular employee, nor train a particular employee for a new field of employment.

3. Employee Responsibility

The purpose of the staff development program is to enhance the college’s ability to achieve its mission, strategic plan, and goals and objectives. It must, therefore, support staff members to enhance their abilities to perform their jobs. Employees share in the responsibility to create and participate in an effective staff development program. Each employee may participate in the college’s comprehensive staff development program through construction annually of a professional growth plan, which should focus on the employee’s current field of employment or related fields, be reviewed by their supervisor, and which will:

A. Establish the activities in which he or she will engage during the year.

B. Submit appropriate documentation upon completion of each element of the

growth as agreed between the employee and his or her supervisor.

C. Ensure that the college is aware of their educational and technical back- ground by keeping their employment records current.

The provisions of the staff development program are not to conflict with existing language in the college’s collective bargaining agreements.

4. Policy Coordination

This comprehensive staff development policy is to be coordinated with existing or future board policies on this subject, particularly at the time of its adoption board policies 4.P.31, 5.P.31, 4.P.35, 4.P.39, 5.P.41.

Adopted June 12, 1996

2.P.31 Committees and Councils

The college will create and maintain standing and ad hoc committees to take part in shared governance and decision-making. College committees will:

1. Develop recommendations.

2. Communicate and publish information.

3. Accomplish assigned college business.

Committee membership may include representation from college: 1. Administrators.

2. Faculty.




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3. Staff.

4. Students.

5. Community members.


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2.1. Faculty.

3.1. Staff.

4.1. Students.

5.1. Community members.


2.P.35 Shared Leave

The college recognizes that state employees historically have joined together to help fellow employees who suffer from, or have relatives or household members suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition which prevents the individual from working and causes great economic and emotional distress to the employee and his/her family and that these circumstances may be exacerbated because the affected employees use all accrued sick leave and annual leave and are forced to take leave without pay or terminate employment. Therefore, the college will participate in the Washington State leave sharing program and directs the president to establish procedures, in accordance with chapter 41.04 RCW, to implement such a program.

Adopted February 12, 1992

2.P.37 Voluntary Employee Beneficiary Association (VEBA). The college will participate in a voluntary employee beneficiary association program (VEBA) for its employees. The college has developed and will follow procedures for the VEBA, consistent with VEBA requirements and college collective bargaining agreements.

2.P.40 Donation Acceptance

1. Donations may be solicited for the Ccollege by staff for approved college activities with prior

approval by the staff member’s supervisor.

2. Donations may not be accepted for the Ccollege without supervisor approval.

3. All donations received in the name of and for the benefit of Lake Washington Insti- tute of Technology shall be approved of, receipted by, and accounted for by the Ccol- lege treasurer and become state property.

4. All donations received in the name of or for the benefit of Lake Washington College

Foundation shall be approved of, receipted by, and accepted by the foundation director.


2.P.50 Access to Public Records—Purpose (WAC 495D-276-010)

The College will comply with the provisions of RCW Chapter 42.56, the Public Records Act, while at the same time preserving the orderly operation of the College and the privacy of students and employees. The College’s rules regarding public records are found at WAC 495D-276. The purpose of this chapter is to ensure that College District 26 complies with the provisions of chapter 42.17 RCW and in particular with those sections of that chapter dealing with public records. Adopted July 8, 1992 Revised May XX, 2021





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2.P.51 Access to Public Records—Definitions (WAC 495D-276-020)

1. “Public record” includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

2. “Writing” means handwriting, typewriting, printing, photostating, photographing,

and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, disks, drums, diskettes, sound recordings, and other documents including existing data compila- tions from which information may be obtained or translated.

3. “College District 26” is an agency organized by statute pursuant to RCW 28B.50.040.

College District 26 shall hereafter be referred to as the “district.” Where appropriate, the term “district” also refers to the staff and employees of the district.


2.P.52 Access to Public Records—Description of Central and Field Organization of College Dis-

trict 26 (WAC 495D-276-030)

1. College District 26 is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located on the Lake Washington Institute of Technology campus within the city of Kirkland, Washington. The Lake Washington Institute of Technology campus like- wise comprises the central headquarters for all operations of the district.

2. The district is operated under the supervision and control of a board of trustees. The

board of trustees consists of five members appointed by the governor. The board of trustees normally meets at least once each month, as provided in WAC 495D-104-010. The board of trustees employs a president, an administrative staff, members of the faculty and other employees. The board of trustees takes such actions and promulgates such rules and policies in harmony with the rules established by the state board for community and technical colleges, as are necessary to the administration and operation of the district.

3. The president of the district is responsible to the board of trustees for the operation

and administration of the district. A detailed description of the administrative organization of the district is contained within the policies and procedures manual for Lake Washington Institute of Technology, a current copy of which is available for inspection at the administrative office of the district.


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2.P.53 Access to Public Records—Operations and Procedures (WAC 495D-276-040)

1. Formal decision-making procedures are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.

2. Informal decision-making procedures at the college, as established by the board of

trustees, are set forth in the policies and procedures manual of Lake Washington In- stitute of Technology, a current copy of which is available for inspection at the administrative office of the district.


2.P.54 Access to Public Records—Public Records Available (WAC 495D-276-050)

All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310 or other statutes.


2.P.55 Access to Public Records—Public Records Officer (WAC 495D-276-060)

The district’s public records shall be in the charge of the public records officer designated by the president. The person so designated shall be located in the district administrative office. The public records officer shall be responsible for the following: Implementation of the district’s rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter 42.17 RCW.


2.P.56 Access to Public Records—Office Hours (WAC 495D-276-070)

Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 7:30 a.m. to 4:30 p.m., Mon- day through Friday, excluding legal holidays and holidays established by the college calendar.


2.P.57 Access to Public Records—Requests for Public Records (WAC 495D-276-080)

In accordance with the requirements of RCW 42.17.290 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are only obtainable by members of the public when those members of the public comply with the following procedures:

1. A request shall be made in writing. A form prescribed by the district shall be availa-

ble at the district administrative office. The completed form shall be presented to the public records officer or, if the public records officer is not available, to any member of the district’s staff at the district administrative office during customary office hours. The request shall include the following information:

A. The name of the person requesting the record;

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B. The time of day and calendar date on which the request was made;

C. The nature of the request;

D. If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;

E. If the requested matter is not identifiable by reference to the current index, an

appropriate description of the record requested.

2. In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in identifying the public record requested.


2.P.58 Access to Public Records—Copying (WAC 495D-276-090)

No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records but such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate district employee. All charges must be paid by money order, cashier’s check, or cash in advance.


2.P.59 Access to Public Records—Determination Regarding Exempt Records (WAC 495D-276-

100)

1. The district reserves the right to determine that a public record requested in accordance with the procedures outlined in chapter 495D-276-080 WAC is exempt pursuant to chapter 42.17.310 RCW or other statute. Such determination may be made in consultation with an assistant attorney general assigned to the district.

2. Pursuant to chapter 42.17.260 RCW, the district reserves the right to delete identify-

ing details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, In each case, the justification for the deletion shall be explained fully in writing.

3. Responses to requests for public records must be made promptly. For the purposes

of this section, a prompt response occurs if the person requesting the public record is notified within five business days as to whether his request for a public record will be honored.

4. Every denial of a request for public records must be accompanied by a written state-

ment, signed by the public records officer or his/her designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of

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the record and a brief explanation of how the exemption applies to the public record withheld.

Adopted July 8, 1992 2.P.60 Access to Public Records—Review of Denials of Public Records Requests (WAC 495D-

276-110)

1. Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for a brief adjudicative proceeding. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

2. The written request by a person demanding prompt review of a decision denying a

public record shall be submitted to the vice president of administrative services, or his or her designee.

3. Within two business days after receiving the written request by a person petitioning

for a prompt review of a decision denying a public record, the vice president, or his or her designee, shall complete such review.

4. During the course of the review the vice-president or his or her designee shall con-

sider the obligations of the district to comply with the intent of chapter 42.17 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in chapter 42.17.310 RCW or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

5. The vice-president or designee’s decision shall be final unless the requisition files a

written appeal with the president under chapter 34.05.491 RCW.


2.P.61 Access to Public Records—Protection Of Public Records (WAC 495D-276-120)

Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of chapter 495D-276-090 WAC.


2.P.62 Access to Public Records—Records Index (WAC 495D-276-130)

1. The district has available for the use of all persons a current index which provides

identifying information as to the following records issued, adopted, or promulgated by the district after September 1, 1991:

A. Final opinions, including concurring and dissenting opinions, as well as or-

ders, made in the adjudication of cases;

B. Those statements of policy and interpretations of policy, statute, and the constitution which have been adopted by the agency;

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C. Administrative staff manuals and instructions to staff that affect a member of the public;

D. Planning policies and goals, and interim and final planning decisions;

E. Factual staff reports and studies, factual consultant’s reports and studies,

scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

F. Correspondence, and materials referred to therein, by and with the agency

relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or any private party.

2. The current index maintained by the district shall be available to all persons under

the same rules and on the same conditions as are applied to public records available for inspection.


2.P.63 Access to Public Records—Adoption of Form (WAC 495D-276-140)

The district shall adopt an appropriate form for use by all persons requesting inspection and/or copying or copies of its records.


2.P.70 Copyright And Patent Policies—General Statement (WAC 495D-180-005)

2.P.70 The Board of Trustees recognizes that, as part of the institutional educational mission, the development of certain materials by faculty, staff, and students may enhance the educational process while also potentially having copyright and patent implications. The College’s rules regarding copyright and patents can be found in WAC 495D-180. 1. The board of trustees of College District 26 recognizes that, as part of the institutional educational mission, the publication of certain materials may enhance educational processes. The board also recognizes and encourages the right of faculty, staff, and students to exercise individual initiative in creating materials which meet copyright specifications and which may generate royalty income when marketed. 2. The generation of materials which may be copyrighted often extends beyond the initiative of individuals and may include the use of equipment, facilities, and financial support either from the institution or from outside sources. Accordingly, the college will maintain a policy which clarifies and protects the respective rights of faculty, staff, student employees, and the college by defining the types of materials which should be designated as “college-supported” or “college-sponsored,” by establishing procedures for administering policy concerning these materials and by stating policy governing their ownership and use and the rights to income produced therefrom. 3. It should be emphasized that this policy does not affect the personal ownership rights of faculty, staff, or student employees to books or other materials not specifically commissioned by the college or the preparation of which were not assisted in any significant way by a third party sponsor or the college. The



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creator is free to use his or her own name, and receive royalties resulting from sales, providing the initiative

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for the work came solely from the creator and the college, including grants or contracts administered by the college, did not provide a significant portion of the resources utilized in production of materials. Adopted December 9, 1992 Revised May XX, 2021

2.P.71 Copyright And Patent Policies—Scope and Definitions (WAC 495D-180-010)

1. This statement of policy shall apply to all faculty, staff, and student employees of the

college and any group or groups of faculty or staff or student employees of the college or any combination thereof.

2. As used in this chapter:

A. “Copyright administrator” means the college president or his or her design-

ee;

B. “Creator” means the author or producer of a creative work;

C. “Individual” means any faculty, staff, or student employee or employees of the college or any group or groups of faculty, staff, or student employees of the college.


2.P.72 Copyright And Patent Policies—Materials Subject to Copyright (WAC 495D-180-015)

1. The following original creations, among others, ordinarily are classed as copyright-

eligible:

A. Books, journal articles, texts, glossaries, bibliographies, study guides, labora- tory manuals, syllabi, tests, and proposals.

B. Lectures, musical or dramatic compositions, and unpublished scripts.

C. Films, film strips, charts, transparencies, and other visual aids.

D. Video and audio tapes and cassettes.

E. Live video or audio broadcasts.

F. Programmed instruction materials.

G. Computer programs.

2. This policy does not apply to the following types of materials:

A. Articles submitted to or published by scholarly and professional journals.

B. Class notes produced in connection with a regularly-scheduled course of in-

struction.


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2.P.73 Copyright And Patent Policies—Rights to Copyrightable Materials (WAC 495D-180-020)

1. Individual effort: Any individual who produces copyright-eligible material as the result of individual initiative and effort and without the significant assistance, support or sponsorship of the college or a college-administered grant or contract shall retain full right of ownership, control, use, and disposition over the material. The individual shall be solely responsible under such circumstances for determining whether to copyright the material.

2. A. College-supported individual effort: If the college provides significant sup-

port or assistance for an individual in producing materials eligible for copyright such as, but not limited to, the creator’s use of college funds, equipment, facilities, materials, staff services, or other resources without full and prompt reimbursement by the individual, ownership of rights in the material shall be vested in the college subject to the conditions set forth in this policy. The college may copyright such materials when it appears that copyrighting will be in the best interest of the college and individual.

B. Any individual who is preparing, or is planning to prepare copyright-eligible

material under circumstances which may be considered college-supported, College-assisted, or college-sponsored, shall initiate an inquiry as to their status. A descriptive statement of the relevant facts shall be forwarded to the college copyright administrator. Thereafter, the college copyright administrator shall advise the individual as promptly as possible as to whether the materials should be regarded as college-supported or college-sponsored within the meaning of this policy. The college copyright administrator’s decision in such cases will be considered as a preliminary draft opinion subject to clarification and final action when the work is completed. The final decision will be rendered in accordance with WAC 495D-180-025.

3. College-sponsored effort: Ownership rights in college-sponsored materials shall be

vested in the college subject to the conditions set forth in this statement of policy. Materials are college-sponsored if the individual has been commissioned in writing by the college or otherwise assigned to develop the materials or, in their production, has been authorized released time for which the individual will receive compensation from college funds, including grant and contract funds administered by the college. The college copyright administrator may, at his or her sole discretion, elect to share with the individual royalties resulting from sales of such materials: Provided, that the individual shall have no right to the sharing of such royalties in the absence of an express written agreement with the college copyright administrator.

4. A. Efforts supported by outside agencies: Copyright-eligible materials pro-

duced under the sponsorship of agencies outside the college must contain specific provisions regarding the disposition of any royalties or materials generated through grants or contracts furnished by such agencies. Any individual accepting support from outside agencies must verify the content of these provisions. No college employee may enter into a contract with an outside agency which requires a college employee’s participation unless royalty rights and the disposition of copyright-eligible materials are specified clearly, and such provisions are acceptable to the college copyright administrator and consistent with college policies covering such activities.

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CHAPTER 2 GENERAL


B. Where the college is a party to sponsored projects resulting in production of copyrightable materials, the following conditions will apply:

(i) Title to all materials will remain with the college.

(ii) The sponsor of the project may retain rights to royalty-exempt use of

materials.

(iii) With the college copyright administrator’s written concurrence, parties to a sponsored grant or contract may agree to assignment of rights which may vary from (b)(i) and (ii) of this subsection.

(iv) Any sharing of, or individual participation in any royalty income,

must be specified under the terms of the contract with the sponsoring agency and approved in writing by the college copyright administrator.

(v) As copyright administrator, the president of the college or his or her

designee will retain final responsibility and authority for all decisions on royalty sharing and other copyright matters involving the college.


2.P.74 Copyright And Patent Policies—Procedures (WAC 495D-180-025)

1. In any instance where copyrightable materials are generated other than by individual

efforts, i.e., partially or fully supported or sponsored by the college or by an outside agency but involving college participation, the college copyright administrator will confer with the individual creator and other concerned parties to reach a copyright agreement which is acceptable to all parties and consistent with the college copyright policy.

2. The college copyright administrator may appoint a copyright committee of up to

three persons to advise on matters related to ownership, disposition, and royalty distribution from copyrightable materials.

3. All programs expected to generate copyrightable materials by other than individual

effort must undergo prior review by the copyright administrator in order that a preliminary determination can be made regarding rights, disposition of materials, and distribution of income.

4. Records of advance arrangements and copies of all agreements must be part of all

project files; the creator must provide copies of all agreements to the copyright administrator.

5. Any agreement made with individual creators may be reviewed and revised subse-

quently at the option of the college copyright administrator.

6. All contracts or agreements made with individuals or sponsoring agencies must contain reference to the college copyright policy as a basis for the agreement.

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7. In all instances, copyright agreements and decisions affecting those agreements will be formulated on the assumption that protection of the rights of individuals is important and that agreements should be designated to stimulate individual initiative.

8. All agreements made under the college copyright policy and these procedures should

be designed to assure adequate controls and to fulfill college accountability for allocated public resources and the reimbursement of those resources where appropriate.


2.P.75 Copyright and Patent Policies—Use of Materials (WAC 495D-180-030)

1. Two categories of use are differentiated for purposes of this policy:

A. Internal use: Use by any unit of the college for instruction or other educa-

tional purposes.

B. External use: Use by educational institutions other than the college, use by government agencies and other nonprofit institutions, and use resulting from lease or other contractual arrangements for commercial distribution of the materials.

2. Use of college-supported or college-sponsored materials under this policy shall be

subject to the following conditions:

A. Internal use: (i) Use within the college does not require the approval of either the individual creator or the college unless advance approval is required by a prior written agreement. (ii) As long as the individual creator of college- supported or college-sponsored materials remains employed by the college, he or she may request reasonable revision of the materials prior to any instance of internal use and may ask that the materials be withdrawn from internal use if necessary revisions are not feasible. The final decision regarding appropriate revision or withdrawal of materials will be made by the copyright administrator. (iii) If the individual creator terminates employment with the college, then the college retains the right to continue internal use of the college-supported or college-sponsored materials except as the individual and the college agree in writing on special conditions for subsequent internal use of the materials and the procedures for their revision.

B. External use: Licensing or sale of college-supported or college-sponsored

materials for external use shall be preceded by written agreement between the college and the individual creator specifying the conditions of use, including provisions concerning the right of the individual creator to revise materials periodically or to withdraw them from use, subject to existing agreement, in the event revisions are not feasible.


2.P.76 Copyright and Patent Policies—Payments to the Individual Creator (WAC 495D-180-035)

1. Compensation for production activity: In general the regular assignments of the in-

dividual should be adjusted to take into account the extra time required to develop or

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produce college-supported or college-sponsored materials. In these circumstances, additive compensation will not be paid to the individual creator. If recorded material is reused, it may be appropriate to adjust the regular assignments of the individual where he or she makes some continuing input or contribution to the repeated program.

2. Income from sales or rentals:

A. Both the college and the individual are entitled to a share of income from the

licensing or sale of college-supported or college-sponsored materials; the college on the basis of salary, facilities, administrative support, or other resources devoted to the project, and the individual for creative activity which contributes to an enriched educational program. Where sponsored grant or contract funds are involved, the division of income will be subject to approval by the sponsoring agency. In some cases, the sponsor may require that all income be credited to the project account.

B. Where college-supported or college-sponsored materials are to be sold or

rented, and subject to any limitations specified by granting agencies, the following guidelines pertaining to financial arrangements shall be observed: (i) All incremental expenses related to the production and distribution of additional copies will be recovered from each sale or rental. (ii) An appropriate fraction of the college’s original production costs, as agreed upon between the individual and the college copyright administrator, also will be recovered from each sale or rental. (iii) Subject to any limitations specified by outside granting agencies, a royalty of not more than ten percent of (b) (i) and (ii) of this subsection may be included in the sale or rental price. After production costs are fully recovered and after required distribution to a sponsoring agency, if any, the resultant royalty income will be divided equally between the individual and the college.


2.P.77 Copyright and Patent Policies—Protection and Liability (WAC 495D-180-040)

1. The college copyright administrator shall investigate allegations of unauthorized use

or copyright infringement of college-supported or college-sponsored materials and shall recommend appropriate action. If legal remedies are pursued by the college, all costs of such remedies shall be borne by the college. All proceeds in excess of such costs shall be shared equally by the college and the individual creator, subject to sponsoring agency limitations, if any, when a grant or contract is involved.

2. Before any use is made of college-supported or college-sponsored materials, the indi-

vidual creator shall certify in writing to the copyright administrator that, to the best of the individual creator’s knowledge, the materials do not infringe on any existing copyright or other legal right. When there are allegations of violations of personal or property rights by the college or by the individual creator in college-supported or college-sponsored materials copyrighted by the college, the college shall assume responsibility for the defense on any action. However, the individual creator may indemni- fy the college against any damages, charges, costs, expenses (including counsel fees), judgments, penalties, liabilities, or losses of any other kind or nature whatsoever, which are sustained or suffered by or imposed on the college as a result of the finding

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of any court or other decision-making tribunal that such a violation, caused by the creator, has occurred.


2.P.80 Grievance Policies and Procedures—Discrimination—Preamble (WAC 495D-300-010)

Lake Washington Institute of Technology is covered by the Age Discrimination in Employment Act, Titles VII and IX of the Civil Rights Act of 1964, by section 504 of the Rehabilitation Act of 1974, Chapter 49.60 RCW, and the Americans With Disabilities Act. The college prohibits discrimination on the basis of race, color, religion, marital status, age, handicap/disability, national origin, sex, sexual orientation, sexual harassment, or any other unlawful basis. Any applicant for admission, enrolled student, applicant for employment, or employee of Lake Washington Institute of Technology who believes she/he has been discriminated against may lodge an institutional grievance by following the procedures below.


2.P.81 Grievance Policies and Procedures—Discrimination—Policy Statement on Disabilities (WAC 495D-300-015)

Students with documented disabilities as defined in PL 101-336 who meet admission qualifications will be provided reasonable accommodation. Accommodations may be made in the style of instructional delivery, method of evaluation, or curricular aides. The college will not lower the standard measurement of competency for the certificate of merit or the standards for a degree.

Specific support services and auxiliary aids will be determined prior to registration. State vocational rehabilitation agencies or common school districts charged with providing support to handicapped students will retain primacy of responsibility for necessary auxiliary aids.

Lake Washington Institute of Technology encourages all students to achieve the highest level of skill development possible, as well as to achieve the ability to function independently in the workplace. There- fore, accommodations will be provided on a decreasing basis to the extent that the student’s reasonable requirements diminish as the student becomes increasingly successful in training and nears job placement.


2.P.82 Grievance Policies and Procedures—Discrimination—Informal Procedure (WAC 495D-

300-020)

All employees and students should feel free to discuss perceived discrimination with the individual immediately in charge, such as the first-line supervisor or instructor, to see if the situation can be resolved informally. Employees and students may also consult directly with the college affirmative action officer, or coordinator for disabled student services for grievances related to handicap/disability, without making a formal written complaint, and this consultation will be considered confidential. Employees and students are not required to use the informal process and may go directly to the formal procedure.

Any college official receiving a discrimination complaint shall contact the affirmative action officer or designee as soon as reasonably convenient. The college official shall arrange for the complainant to receive a copy of the grievance procedure.


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2.P.83 Grievance Policies and Procedures—Discrimination—Formal Procedure (WAC 495D-300- 030)

Employees and students must make a written complaint concerning discriminatory behavior to the affirmative action officer or designee.

1. Complaints will be held in confidence. No action against the person accused will

ordinarily be taken on behalf of the complainant unless the complainant consents to be identified to the one accused in connection with the investigation, although the college reserves all rights to take appropriate corrective measures regardless of actions of the complainant.

2. The complainant may bring a person of his or her choice to the initial or subsequent

complaint meetings.

3. The affirmative action officer or designee shall give a copy of these regulations and any applicable board policy to the person making the formal complaint and to the accused.

4. The result of that consultation and any investigation made will be communicated to

the complainant before any further action is taken. The affirmative action officer or designee will be responsible for investigating the complaint and discussing the complaint with the complainant and the accused.

5. The affirmative action officer will make a written report and/or recommendation to

the appointing authority or appropriate disciplinary authority within a reasonable time following the close of the investigation or meeting. An informal meeting may be substituted for investigation if the complainant and the accused agree.

6. Appropriate corrective measures, if any, will be decided by the appointing discipli-

nary authority upon consultation with the affirmative action officer and the appropriate administrators and consistent with applicable bargained agreement provisions and state statutes. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through any available faculty or classified grievance procedures, if they are covered by a bargained agreement, or the student disciplinary code.

7. In the absence of an applicable grievance procedure under a collective bargaining

agreement, the accused employee or student may, within thirty days of the corrective measure(s), file with the executive vice president for instruction or vice-president for administrative services a written request for adjudication. That vice-president shall meet with the employee or student to determine whether the matter should be heard as a regular or brief adjudicative proceeding. That vice president shall be the presiding officer for the proceeding.

8. The presiding officer may affirm, modify, or reverse the corrective measure(s).

9. The decision of the presiding officer shall be final unless, within twenty-one days af-

ter it is served, a party files with the president a written request for administrative review or the president or designee decides to conduct such review.

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10. Information will be entered in the personnel or student file only to the extent that a formal reprimand or other disciplinary action has been taken. If no disciplinary action is taken, the affirmative action officer will keep a record of the investigation accessible to the president, the complainant and the accused for a period of three years and then that record will be destroyed. If a formal complaint is filed with an outside state or federal agency, files will be maintained until the complaint is resolved. When such files are used, written notice will be placed in the file indicating the person using the file and the date used.


2.P.84 Grievance Policies and Procedures—Discrimination—Other Remedies (WAC 495D-300-

040)

These procedures outlined in chapters 495D-300-010 through 495D-300-030 WAC, are internal college procedures and, as such, serve to resolve complaints within the college’s administrative framework. These procedures do not replace an individual’s timely complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington state human rights commission.


2.P.85 Nepotism Policy—Definitions (WAC 495D-113-010)

1. Employee: Any individual who receives payment for services rendered to the college

district, other than an outside vendor or contractor.

2. Family member or relative: An employee’s or employee’s spouse’s mother, father, child (including foster and adopted children), sibling, grandparent, cousin, uncle, aunt, nephew, niece, in-law, or the employee’s spouse.

3. Nepotism: The practice of showing favoritism to relatives in hiring and employment

practices.


2.P.86 Nepotism Policy—Inclusive Limits of the Policy (WAC 495D-113-020)

This policy is intended to provide guidelines for the employment of all individuals by the district, except as modified by applicable policies of the state board for community and technical colleges, policies of the higher education personnel board, collective bargaining agreements, or state statute.


2.P.87 Nepotism Policy—Basic Nepotism Policy (WAC 495D-113-030)

In the appointment of its faculty and staff members, the college district seeks those persons best qualified to fulfill the institution’s teaching and service obligations. Accordingly, members of the same family may be appointed to faculty and staff positions when it has been determined that they are the most qualified candidates for the positions. However, a person may not be hired into a position that would result in a relationship where an employee is involved in the recruitment, screening, appointment, termination of appointment, promotion, demotion, approval of salary increase or decrease, supervision, or evaluation of a member of the employee’s family or of a person with whom the employee shares a substantial economic

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interest. Otherwise, family relationships shall not be used as a basis for granting or denying employment rights, privileges, or benefits.


2.P.90 Practice And Procedure—Adoption of Model Rules of Procedure (WAC 495D-108-010)

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this Ccollege. Those rules may be found in chapter 10-08 WAC. Other college procedural rules adopted in this title may be found at WAC 495D-108 and are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted by this college, the Ccollege rules pree- vail.

Adopted July 8, 1992 Revised May XX, 2021

2.P.91 Practice And Procedure—Appointment of Presiding Officers (WAC 495D-108-020)

The president or president’s designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, the president or president’s designee shall designate one person to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.


2.P.92 Practice And Procedure—Method of Recording (WAC 495D-108-030)

Proceedings shall be recorded by a method determined by the presiding officer, among those available under the model rules of procedure.


2.P.93 Practice And Procedure—Application for Adjudicative Proceeding (WAC 495D-108-040)

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:

Lake Washington Institute of Technology, Affirmative Action Officer, 11605 132nd Avenue Northeast, Kirkland, Washington 98034-5608.

Written application for an adjudicative proceeding must be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.


2.P.94 Practice And Procedure—Brief Adjudicative Procedures (WAC 495D-108-050)

This rule is adopted in accordance with chapters 34.05.482 through 34.05.494 RCW, the provisions of which are adopted by reference. Brief adjudicative procedures shall be used in all matters related to:

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1. Residency determinations;

2. Challenges to contents of education records;

3. Student conduct proceedings, except as provided in another rule;

4. Parking and traffic violations;

5. Outstanding debts owed by students or employees;

6. Loss of eligibility for participation in college-sponsored activities;

7. Denials of requests for public records.


2.P.95 Practice And Procedure—Discovery (WAC 495D-108-060)

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall refer to the civil rules of procedure. The presiding officer may control the frequency and nature of discovery permitted, and order discovery conferences to discuss discovery issues.


2.P.96 Practice And Procedure—Procedure for Closing Parts of the Hearings (WAC 495D-108-

070)

Any party may apply for a protective order to close part of a hearing. The party making the request shall state the reasons for making the application to the presiding officer, and serve copies on all other parties. If another party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons in writing within twenty days of receiving the request.


2.P.97 Practice And Procedure—Recording Devices (WAC 495D-108-080)

No cameras or recording devices are allowed in those parts of proceedings that the presiding officer has determined shall be closed under chapter 495D-108-070 WAC, except for the method of official recording selected by the college.


2.P.99 Rules Coordinator (WAC 495A-134-010)

The rules coordinator for Lake Washington Institute of Technology as designated by theis the

Ppresident is: Vice-Presidentor their designee. Administrative Services Lake Washington Institute of Technology 11605 132nd Avenue Northeast Kirkland, WA 98034-8506


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Revised May X, 2021 Formatted: Font: Italic


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Resources: 1. Office of Financial Management (State Administrative and Accounting Manual)

http://www.ofm.wa.gov/policy/default.asp 2. Revised Code of Washington

http://apps.leg.wa.gov/rcw/ 3. Washington Administrative Code


2.P.15, 2.P.16, 2.P.37 Revised and Adopted February 3, 2014

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Item 1079 2021-5-10

Amendment to Policies, Chapter 3 Second Read

Situation The Board of Trustees reviews college policies annually according to its policy review calendar to ensure that policies are accurate and reflect governance strategy. As part of this process, the college reviews policies through its internal structure to make recommendations regarding:


Pursuant to this process, revisions were proposed to Chapter 3, Human Resources, including recommendations that:

• Clarify by combining Chapters 3 (Academic), 4 (Administrative), and 5 (Classified) into one chapter that applies to all employees. This eliminates redundancy and minimizes updating errors. • Remove procedures from policy. As procedures change often and noting the inefficiency of vetting procedures through the policy review process, a separate procedures section has been created. • Update outdated language to reflect current laws and regulations:

o FMLA o Shared Leave

• Propose new policies to reflect current laws and regulations as well as addressing the needs of employees:

o Flexible, Telework, and Reduced Work Schedules These proposed revisions were reviewed by Executive Cabinet, the Policy Review Committee, and College Council. Second Reading

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CHAPTER 3 HUMAN RESOURCES

Policy & Procedures Manual Lake Washington Institute of Technology

1

HIRING

3.P.01 Delegation of Authority The Board of Trustees delegates to the college President its authority and responsibility to administer College District 26 in accordance with laws, policies, and rules approved or sanctioned by the board of trustees. At the operational level, the president has final administrative authority over all matters affecting the college district. RCW 28B.50.140(14); WAC 495D-104-030.

3.P.03 Employees Lake Washington Institute of Technology is a member of the Washington State Community and Technical College System. As such, all college employees are state employees and are considered regular employees if expected to be employed for more than six months. The college has the following employee groups:

1. Academic: Employees represented by the Lake Washington Federation of Teachers, Local 3533 AFT/AFL-CIO.

2. Administrative: Employees who are not covered by a collective bargaining agreement and whose relationship with the college is defined by an employment agreement.

3. Classified: Employees represented by the Federation of Classified Employees, Local No. 4787 and the International Union of Operating Engineers, Local No. 32.

Any administrative procedures developed by the college are intended to give guidance to employees but not to supersede any applicable collective bargaining agreements, administrative contracts, or administrative handbook.

3.P.05 Recruitment and Hiring It is the intent of the college to attract and retain diverse, highly-qualified employees. The college will establish recruitment and hiring procedures in support of this effort. Hiring requirements for Academic and Classified employees are set forth in their respective collective bargaining agreements.

3.P.07 Criminal History Check The college requires all new employees (including part-time hourly and adjunct faculty) and student employees to submit to a criminal history check. Particular emphasis is placed on checking for convictions as defined in Washington State Law, RCW 43.43.830, "Crimes against children or other persons." The college reserves the right to revoke employment offers based on the results of criminal history checks. 3.P.09 Employment of Relatives In the appointment and/or hiring of faculty and staff, the college seeks those persons best qualified to fulfill the college’s objectives. Accordingly, members of the same family may be appointed and/or hired to faculty and staff positions when it has been determined they are the most qualified candidates for this position. However, a person may not be hired into a position that would result in a relationship where the employee is involved in the recruitment, screening, appointment and/or hiring, termination of employment, promotion, demotion, approval of salary increase or decrease, supervision, or evaluation of a member of the employee’s family or a person with whom the employee shares a substantial economic interest. Otherwise, family relationships will not be used as a basis for granting or denying employment rights, privileges, or benefits. EMPLOYMENT

3.P.11 Evaluation The college recognizes that feedback on performance as well as the establishment of professional goals is important for employee development. As such, evaluations will take place regularly in order to improve

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the educational capability of the college. Applicable evaluation processes for Academic or Classified employees is set forth in their respective collective bargaining agreements.

3.P.13 Personnel Files The college will establish procedures providing for the maintenance of employee personnel records and for the inspection of those records by the employee. Personnel file management for Academic and Classified employees is set forth in their respective collective bargaining agreements. 3.P.15 Salary/Title Changes Reclassification for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees will follow the Administrative position review procedures established by the college. 3.P.17 Flexible, Telework, and Reduced Work Schedules It is the intent of the college to promote employee wellbeing and work-life balance by offering flexible schedules, remote (telework) working opportunities, and reduced/part-time schedules, to the extent possible and in accordance with applicable laws and collective bargaining agreements, without negatively impacting operations or services to students and within the college’s financial means.

Such schedules must be requested and approved by the employee’s supervisor in accordance with the college’s applicable procedures and should address:

• How service will be maintained; • How communication will be maintained; • In remote situations, what equipment will be used and what security protocols will be in place;

and, • In reduced schedules, what work will be accomplished in the reduced hours and how work will

be delegated, if applicable.

Some positions may not be able to take advantage of such opportunities due to safety, maintenance, or service concerns. Additionally, such opportunities may only be available during select times.

Flexible schedule may include the following:

1. Staggered hours within a fixed schedule: Employees establish starting and ending times that differ from the department’s norm, but keep the same schedule each day (e.g., Monday‐Friday, (9:30‐6 or 7‐3:30).

2. Core hours within a variable schedule: Employees must be present during specified core hours determined by the supervisor/manager, but may adjust their arrival and departure times each day (e.g., set coverage 10‐2 every day, but the other four and a half hours per day vary). It is expected that the employee will work a set number of hours each week.

3. Variable day: Employees may work a consistent schedule of a different number of hours each day as long as they achieve the expected number of hours within the week (e.g., Monday, Wednesday ten hours; Tuesday, Friday eight hours; Thursday six and a half hours).

4. Mid‐Day Flextime: Employees may take a longer scheduled break than usual if they make up the extra time by starting work earlier or staying later (e.g., work 8‐12; break 12‐2; work 2‐6:30)

5. Compressed Work Week: A compressed work week allows employees to work full‐time hours in fewer than five days per week (e.g., For a 40 hour a week employee, a full‐time schedule of work is accomplished by working four 10 hour days or over two weeks by working 80 hours in nine days - eight 9 hour days plus one 8 hour day, for example).

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Telework work opportunity means part or all work is done from home or another location that is not owned or operated by the college and that the employee is connected by computer and/or telephone to the office. The college may allow employees to work remotely (telework) on a regular basis. This policy may also apply in instances where a pandemic or natural disaster necessitates remote work arrangements. This policy does not apply to requests for reasonable accommodation (or occasional work from home arrangements, such as instances of inclement weather). Employees requesting to telework as a reasonable accommodation should follow the college’s procedures on requests for reasonable accommodation. Regular telework requests should follow the Telework Request Procedures.

Reduced Work Schedules. If requested by the employee and applicable union, a part-time or reduced schedule may be available. The situation and job requirements will be analyzed to determine if the role can be accomplished in fewer hours. Employees availing themselves of such an opportunity should understand that their original hours may no longer be available if they wish to return to the original schedule. Examples of such reduced schedules include: three or four days a week, 8‐hour days; five days a week, 4‐7 hour days; and/or; two days a week, 10 hour days.

LEAVE

3.P.19 Leave Administration Lake Washington Institute of Technology will establish and maintain leave procedures for Academic, Administrative and Classified employees. 3.P.21 Annual Leave If applicable, annual leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees will accrue twenty-five (25) prorated days of annual leave per year. Unused annual leave may be accumulated up to a maximum of thirty (30) days. Administrative and Classified employees should make every effort to make sure they do not carry a leave balance over 30 days. The college President accrues annual leave in accordance with the terms of their contract of employment. Cash payment in lieu of accumulated annual leave may be made upon employee’s separation from the college except in cases of a transfer to another Washington state agency in which case the balance will be transferred to that state agency. Eligible employees transferring to the college from another Washington state agency or state community college may have their annual leave balance transferred. 3.P.21.1 Temporary Lift of Vacation Accrual Limit As a temporary measure in response to the unprecedented COVID-19 pandemic, the Board of Trustees temporarily waived the Vacation Accrual Limit for employees as follows:

1. Until further notice, at earliest December 31, 2022, there will be no limit on how much vacation leave Classified (Administrative Support and IUOE) and Exempt staff accrue.

2. Supervisor approval to accrue beyond 240 vacation hours will be waived. 3. Employees leaving LWTech to work for another state employer are entitled to have their vacation

leave transferred to the succeeding state office, institution or department. If the gaining state employer limits how much vacation leave can be transferred, the College will cash out the difference between this amount and the employee’s accrued vacation balance (up to 240 hours).

4. At separation from LWTech, vacation leave cash out will be limited to a maximum of 240 hours. 5. In the event of a state mandated furlough, vacation hours cannot be used.

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3.P.23 Personal Leave If applicable, personal leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. For Administrative employees, personal leave is administered as follows:

1. Administrative staff shall be eligible for up to four (4) days of paid personal leave annually. 2. Personal leave is granted on July 1 of each year. 3. Personal leave shall not accrue from year to year and is not eligible for cash payout.

3.P.25 Bereavement Leave If applicable, bereavement leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees shall be granted five (5) days of bereavement pay. Bereavement leave can be used for the death of a family member or household member. It is not accrued from year to year and is not deducted from any leave accruals. “Family member” means a parent, step-parent, sister, brother, parent-in-law, spouse, registered domestic partner[1], grandparent, grandchild, minor/dependent child, and child. “Household members” are defined as persons who reside in the same home who have reciprocal duties to and provide financial support for one another. “Household member” does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

3.P.27 Sick Leave If applicable, sick leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. For Administrative employees, sick leave is administered as follows:

Accrual: Administrative employees working at least 50% or more will accrue sick leave at the rate of one (1) prorated day for each calendar month they are employed or on approved, paid leave. Accumulation: Each Administrative employee’s unused leave will accumulate from year to year without limit so long as they are continuously employed by the college. Attendance Incentive Program: Administrative employees are eligible for annual payoff of sick leave in accordance with the Attendance Incentive Program, RCW 28B.50.553. Eligible employees will be advised by Payroll of this opportunity. If applicable, Attendance Incentive Program for Academic and Classified employees is set forth in their respective collective bargaining agreements.

According to RCW 28B.50.551(4), resigned employees or any employee who ceases to be employed by the college (e.g., dismissals, RIFs) are not paid for accrued sick leave nor unused personal days.

3.P.29 Emergency Leave If applicable, emergency leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees may use up to five (5) prorated days for emergencies per year. Emergency leave is deducted from the employee’s sick leave balance and does not accrue from year to year. An emergency is defined as a sudden, unexpected event which requires time away from work which is beyond the control of the employee.

3.P.31 Family and Medical Leave In accordance with state and federal law, the College provides family and medical leave for eligible employees. This policy, together with its procedures, is intended to provide guidance to the College in developing and administering the rights and obligations as they relate to the Federal Family and Medical

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Leave Act of 1995 and Washingnton State’s Paid Family and Medical Leave. 3.P.33 Civil Duty Leave If applicable, civil duty leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Leave of absence with pay will be granted to any Administrative employee who:

1. has been selected for jury duty; 2. must appear as a witness in a trial when they are not a party in the trial; or 3. must exercise other civic duties.

This policy covers employees who are summoned or subpoenaed to perform civic duties. 3.P.35 Military Leave If applicable, military leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employee’s military leave shall be governed by RCW 38.40.060 and all applicable federal laws. 3.P.37 Leave of Absence Without Pay If applicable, leave without pay for Academic and Classified employees is set forth in their respective collective bargaining agreements. For Administrative employees, leave without pay is voluntary. Leave of Absence Without Pay may be granted for illness, injury, surgery, or other temporary disability; or for professional, family, or other personal reasons. Short-term Leave: Administrative employees may use leave without pay for short-term absences upon approval of their supervisor. Short-term leave without pay cannot exceed 90 calendar days. If a second consecutive short-term leave is required, it is considered long-term leave without pay and must go through the long-term leave process. Long-term Leave: A leave without pay for compelling personal reasons may be granted to Administrative employees for up to one year upon approval of the President. Such extended leave begins from the time an employee's leave commences until they return to continuous service. Depending on the length of the extended leave of absence without pay, Employees returning from a long-term leave of absence may be assigned to their original or equivalent position.

3.P.39 Shared Leave The purpose of the shared leave program is to permit state employees, at no significantly increased cost to the state, to share their accrued leave with another state employee that meets eligibility criteria (WAC 357 – 31 – 390). The College may authorize shared leave for employees who have exhausted accrued leave and are absent due to emergency situations such as communicable disease epidemics. The College maintains procedures to support shared leave in accordance with chapter 41.04 RCW. 3.P.41 Employee Faith or Conscience Leave LWTech employees may request two days of excused absences per academic year for reasons of faith or conscience, or for organized activities conducted under the auspices of a religious denomination, church, or religious organization. The college will allow such absences unless they create an undue hardship for the college or it is determined that the employee’s presence is necessary to maintain public safety. “Undue hardship” means an action requiring significant difficulty or expense to the employer as defined by the Office of Financial Management under Washington Administrative Code (WAC 82.56). Each holiday taken under this policy must be taken as a whole day, i.e. the day may not be divided into hours and taken piecemeal. Employees may use annual, personal, or leave without pay.

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COMPENSATION

3.P.43 Compensation Compensation for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees are compensated commensurate with their job duties and responsibilities. 3.P.45 Contracts Academic employees receive contracts as set forth in their respective collective bargaining agreement. Administrative employees receive an employment contract upon hire that describes the terms and conditions for employment.

PROFESSIONAL DEVELOPMENT

3.P.47 Professional Development Policy The college supports both career-related and job-related professional development activities. It is expected that employees and supervisors discuss professional development issues and opportunities. Employees may participate in professional development as mutually agreed with their supervisor to develop skills for upward mobility. If applicable, professional development for Academic and Classified employees is set forth in their respective collective bargaining agreements. 3.P.49 Sabbatical Leave Sabbatical leave is available to administrative employees pursuant to the provisions below. Faculty and Classified employees should refer to their respective collective bargaining agreements for related provisions, if any.

1. Purpose Administrative sabbatical leave is designed to benefit the college and its students by providing administrative employees with the opportunity to engage in activities leading to professional growth and revitalization. Such leave would allow eligible employees an extended period of time free from normal contractual obligations in order to pursue legitimate professional goals. This purpose is consistent with the provisions of RCW 28B.10.650 as they now exist (or hereafter amended) and with this college's commitment to the professional development of its employees. Appropriate uses of sabbatical leave would include formal study, travel, work experience in one’s administrative area, or any other activity which would contribute substantially to the improvement of administrative abilities.

2. Eligibility Sabbatical leave may be granted for one, two or three quarters after completion of the equivalent of six (6) years of full-time permanent employment as an employee of the college. The sabbatical can be taken at any time once the waiting period has been met. The waiting period will not be reset until a sabbatical is awarded and taken. Employees awarded sabbatical leave will be eligible for additional award after a second six (6) year period of full-time, permanent employment, inclusive of time on sabbatical leave. It is not intended that sabbatical leave be accrued.

3. Approval All sabbatical leaves require the approval of the President. The number of sabbatical leaves approved by the President shall not exceed one full-time administrative employee at any one time.

4. Compensation A. Administrators are encouraged to seek outside funding support for their sabbaticals.

Compensation from the college during leave shall be up to 72% of the recipient's

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daily salary, per employment contract, for the year in which the leave is taken, but shall not exceed the average of the highest quartile of a rank order of salaries of all full-time teaching faculty holding academic year contracts at the college.

B. Other accrued leave (vacation or personal) cannot be used to supplement the reduced Sabbatical rate.

C. Total sabbatical cost, including the cost of replacement personnel, shall not exceed 150% of employee's annual salary with benefits.

D. Sabbatical leave salary from the college may be negotiated downward if outside funding plus sabbatical leave pay from the college exceed 100% of the recipient's full-time contractual salary for the period of the leave. In all cases remuneration will be in compliance with RCW 28B.10.650.

5. Leave Contract A. When the President grants a sabbatical leave, the recipient shall sign a contract with

the college specifying: 1. The length of sabbatical leave, including start and end dates. 2. The amount of sabbatical payment. 3. A commitment to perform according to the approved sabbatical leave plan. 4. That the recipient will return to employment at the college for a period at

least commensurate with the amount of leave granted. Failure to comply with this provision shall constitute an obligation of the recipient to repay to the college any remuneration received from the college during the leave.

5. That the recipient will submit a written report to the President within 60 days upon returning from leave, summarizing the work completed during the sabbatical leave and describing how the new knowledge will be used.

B. Non-compliance with the above terms of the leave contract will be in accordance with according to RCW 28B.10.650.

6. Employee Rights A. The time spent on sabbatical leave shall be recognized as equivalent to time spent as

a full-time employee of the college. B. With the exception of annual vacation leave, all other benefits shall accrue to the

administrator on sabbatical leave. 7. Exceptions

This policy is not meant to be restrictive but rather inclusive. Therefore, exceptions to this policy may be made by the President on a case-by-case basis.

3.P.51 Professional or Extended Leave In some instances, employees may require leave that does not rise to the level of sabbatical leave (less than one quarter) but is intended to enhance skills or refresh professionally. In such cases, upon approval by the supervisor and the President, the employee may take leave using a combination of leave without pay, vacation, or personal leave. Such leave requests will be made in accordance with applicable procedures.

SEPARATION

3.P.53 Separation Separation for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees can be separated in accordance to the terms of their Administrative employment contract. 3.P.55 Termination of Administrators

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On or before April 1 of each year, administrative employees will be notified if their employment will not be continued for the following academic year. An Administrative employee does not have any contract or other property right in continued employment beyond the term of their contract. Additionally, the college reserves the right to terminate administrative employees as set forth in their administrative contracts. 3.P.57 Resignation Resignations should be submitted with two weeks’ notice if possible, and must be in writing as soon as practical after the decision has been made to resign. Resignations of academic positions should correspond with the completion of the applicable academic quarter, if possible. The written resignation shall include the final date of employment. 3.P.59 Voluntary Employee Beneficiary Association The college participates in a post-retirement medical benefits plan for Academic, Administrative and Classified employees using funds from sick leave buyouts at retirement, as authorized by RCW 28B.50.553 and RCW 41.04.340. Such plans are commonly called “VEBA” plans (Voluntary Employees' Beneficiary Association), and the plan for the Washington Community and Technical Colleges is the VEBA CTC Plan. 3.P.61 Job Abandonment The college expects employees to report for work on time for every scheduled shift. An employee who is unable to report to work at the designated time is required to notify their supervisor as soon as practicable but no later than the employee's scheduled start time. Employees who fail to report to work for three consecutive business days without notifying the college of the absence will be considered as having voluntarily resigned as a result of job abandonment. If the employee is unable to contact the college for any absence they should ask a representative (such as a family member or friend) to do so on the employee's behalf. If the employee or a representative is unable to contact the college due to extreme circumstances (such as a medical emergency or natural disaster that prohibits the employee or their representative from contacting the college within three days), the employee or their representative must contact the college as soon as practicable to explain the situation. In extreme circumstances, the college will consider the explanation and its timing before determining if the voluntary resignation will be upheld.

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HIRING

3.P.01 Delegation of Authority The Board of Trustees delegates to the college Ppresident its authority and responsibility to administer College District 26 in accordance with laws, policies, and rules approved or sanctioned by the board of trustees. At the operational level, the president has final administrative authority over all matters affecting the college district.The Board of Trustees delegates full authority to the PresidentPresident to take all personnel actions, consistent with established policies and procedures of Lake Washington Institute of Technology, and to otherwise act as appointment authority to the college relating to all employees, except the presidentPresident. RCW 28B.50.140(14); WAC 495D-104-030.

3.P.03 Employees Lake Washington Institute of Technology is a member of the Washington State Community and Technical College System. As such, all college employees are state employees and are considered regular employees if expected to be employed for more than six months. The college has the following employee groups:

1. Academic: Employees represented by the Lake Washington Federation of Teachers, Local 3533 AFT/AFL-CIO.

2. Administrative: Employees who are not covered by a collective bargaining agreement and whose relationship with the college is defined by an employment agreement.

3. Classified: Employees represented by the Federation of Classified Employees, Local No. 4787 and the International Union of Operating Engineers, Local No. 32.

Any administrative procedures developed by the college are intended to give guidance to employees but not to supersede any applicable collective bargaining agreements, administrative contracts, or administrative handbook.

3.P.05 Recruitment and Hiring It is the intent of the college to attract and retain diverse, highly-qualified employees. The college will establish recruitment and hiring procedures in support of this effort. Hiring requirements for Academic and Classified employees are set forth in their respective collective bargaining agreements.

3.P.07 Criminal History Check The college requires all new employees (including part-time hourly and adjunct faculty) and student employees to submit to a criminal history check. Particular emphasis is placed on checking for convictions as defined in Washington State Law, RCW 43.43.830, "Crimes against children or other persons." The college reserves the right to revoke employment offers based on the results of criminal history checks. 3.P.09 Employment of Relatives In the appointment and/or hiring of faculty and staff, the college seeks those persons’s best qualified to fulfill the college’s objectives. Accordingly, members of the same family may be appointed and/or hired to faculty and staff positions when it has been determined they are the most qualified candidates for this position. However, a person may not be hired into a position that would result in a relationship where the employee is involved in the recruitment, screening, appointment and/or hiring, termination of employment, promotion, demotion, approval of salary increase or decrease, supervision, or evaluation of a member of the employee’s family or a person with whom the employee shares a substantial economic interest. Otherwise, family relationships will not be used as a basis for granting or denying employment rights, privileges, or benefits. EMPLOYMENT

3.P.11 Evaluation

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The college recognizes that feedback on performance as well as the establishment of professional goals is important for employee development. As such, evaluations will take place regularly in order to improve the educational capability of the college. Applicable evaluation processes for Academic or Classified employees is set forth in their respective collective bargaining agreements.

3.P.13 Personnel Files The college will establish procedures providing for the maintenance of employee personnel records and for the inspection of those records by the employee. Personnel file management for Academic and Classified employees is set forth in their respective collective bargaining agreements. 3.P.15 Salary/Title Changes Reclassification for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees will follow the Administrative position review procedures established by the college. 3.P.17 Flexible, Remote, and Reduced Work Schedules 3.P.17 Flexible, Telework, and Reduced Work Schedules It is the intent of the college to promote employee wellbeing and work-life balance by offering flexible schedules, remote (telework) working opportunities, and reduced/part-time schedules, to the extent possible and in accordance with applicable laws and collective bargaining agreements, without negatively impacting operations or services to students and within the college’s financial means.

Such schedules must be requested and approved by the employee’s supervisor in accordance with the college’s applicable procedures and should address:



be delegated, if applicable.

Some positions may not be able to take advantage of such opportunities due to safety, maintenance, or service concerns. Additionally, such opportunities may only be available during select times.

Flexible schedule may include the following:





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Telework work opportunity means part or all work is done from home or another location that is not owned or operated by the college and that the employee is connected by computer and/or telephone to the office. The college may allow employees to work remotely (telework) on a regular basis. This policy may also apply in instances where a pandemic or natural disaster necessitates remote work arrangements. This policy does not apply to requests for reasonable accommodation (or occasional work from home arrangements, such as instances of inclement weather). Employees requesting to telework as a reasonable accommodation should follow the college’s procedures on requests for reasonable accommodation. Regular telework requests should follow the Telework Request Procedures.

Reduced Work Schedules. If requested by the employee and applicable union, a part-time or reduced schedule may be available. The situation and job requirements will be analyzed to determine if the role can be accomplished in fewer hours. Employees availing themselves of such an opportunity should understand that their original hours may no longer be available if they wish to return to the original schedule. Examples of such reduced schedules include: three or four days a week, 8‐hour days; five days a week, 4‐7 hour days; and/or; two days a week, 10 hour days.

It is the intent of the college to promote employee wellbeing and work-life balance by offering flexible schedules, remote working opportunities, and reduced/part-time schedules, to the extent possible and in accordance with applicable laws and collective bargaining agreements, without negatively impacting operations or services to students and within the college’s financial means. Such schedules must be requested and approved by the employee’s supervisor in accordance with the college’s applicable procedures and should address:



be delegated, if applicable. Some positions may not be able to take advantage of such opportunities due to safety, maintenance, or service concerns. Additionally, such opportunities may only be available during select times. A flexible schedule may include the following:




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A remote work opportunity means part or all work is done from home or another location that is not owned or operated by the college and that the employee is connected by computer and/or telephone to the office. If requested by the employee and applicable union, a part-time or reduced schedule may be available. The situation and job requirements will be analyzed to determine if the role can be accomplished in fewer hours Employees availing themselves of such an opportunity should understand that their original hours may no longer be available if they wish to return to the original schedule. Examples of such reduced schedules include: three or four days a week, 8‐hour days; five days a week, 4‐7 hour days; and/or; two days a week, 10 hour days. LEAVE

3.P.19 Leave Administration Lake Washington Institute of Technology will establish and maintain leave procedures for Academic, Administrative and Classified employees. 3.P.21 Annual Leave If applicable, annual leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees will accrue twenty-five (25) prorated days of annual leave per year. Unused annual leave may be accumulated up to a maximum of thirty (30) days. Administrative and Classified employees should make every effort to make sure they do not carry a leave balance over 30 days. The college presidentPresident accrues annual leave in accordance with the terms of their contract of employment. Cash payment in lieu of accumulated annual leave may be made upon employee’s separation from the college except in cases of a transfer to another Washington state agency in which case the balance will be transferred to that state agency. Eligible employees transferring to the college from another Washington state agency or state community college may have their annual leave balance transferred. 3.P.21.1 Temporary Lift of Vacation Accrual Limit As a temporary measure in response to the unprecedented COVID-19 pandemic, the Board of Trustees temporarily waived the Vacation Accrual Limit for employees as follows:

1. Until further notice, at earliest December 31, 2022, there will be no limit on how much vacation leave Classified (Administrative Support and IUOE) and Exempt staff accrue.

2. Supervisor approval to accrue beyond 240 vacation hours will be waived. 3. Employees leaving LWTech to work for another state employer are entitled to have their vacation

leave transferred to the succeeding state office, institution or department. If the gaining state

























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employer limits how much vacation leave can be transferred, the College will cash out the difference between this amount and the employee’s accrued vacation balance (up to 240 hours).

4. At separation from LWTech, vacation leave cash out will be limited to a maximum of 240 hours. 5. In the event of a state mandated furlough, vacation hours cannot be used.


3.P.23 Personal Leave If applicable, personal leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. For Administrative employees, personal leave is administered as follows:

1. Administrative staff shall be eligible for up to four (4) days of paid personal leave annually. 2. Personal leave is granted on July 1 of each year. 3. Personal leave shall not accrue from year to year and is not eligible for cash payout.

3.P.25 Bereavement Leave If applicable, bereavement leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees shall be granted five (5) days of bereavement pay. Bereavement leave can be used for the death of a family member or household member. It is not accrued from year to year and is not deducted from any leave accruals. “Ffamily member” means a parent, step-parent, sister, brother, parent-in-law, spouse, registered domestic partner[1], grandparent, grandchild, minor/dependent child, and child. “Household members” are defined as persons who reside in the same home who have reciprocal duties to and provide financial support for one another. “Household member” does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

3.P.27 Sick Leave If applicable, sick leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. For Administrative employees, sick leave is administered as follows:

Accrual: Administrative employees working at least 50% or more will accrue sick leave at the rate of one (1) prorated day for each calendar month they are employed or on approved, paid leave. Accumulation: Each Administrative employee’s unused leave will accumulate from year to year without limit so long as they are continuously employed by the college. Attendance Incentive Program: Administrative employees are eligible for annual payoff of sick leave in accordance with the Attendance Incentive Program, RCW 28B.50.553. Eligible employees will be advised by Payroll of this opportunity. If applicable, Attendance Incentive Program for Academic and Classified employees is set forth in their respective collective bargaining agreements.

According to RCW 28B.50.551(4), resigned employees or any employee who ceases to be employed by the college (e.g., dismissals, RIFs) are not paid for accrued sick leave nor unused personal days.

3.P.29 Emergency Leave If applicable, emergency leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees may use up to five (5) prorated days for emergencies per year. Emergency leave is deducted from the employee’s sick leave balance and does not accrue from year to year. An emergency is defined as a sudden, unexpected event which requires time away from work which is beyond the control of the employee.



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Commented [RB2]: Define family member further so it is clear when the leave applies. My second cousin twice removed is a family member but I don’t think that was the intent of the leave provision.



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Commented [EDL(3]: Here’s the AGO definition of “family member” and “household member” from the civil service rules. While not applicable to the College, it seems like a fair definition.






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3.P.31 Family and Medical Leave In accordance with state and federal law, tThe Ccollege provides family and medical leave for eligible employees. This policy, together with its procedures, is intended to provide guidance to the College in developing and administering the rights and obligations as they relate to the Federal Family and Medical Leave Act of 1995 and Washingnton State’s Paid Family and Medical Leave.and administers leave in accordance with the provisions of the Family and Medical Leave Act of 1993, chapters 357-31, and all related chapters of RCW 50A.04. This program serves both the well-being of the college’s employees and the organization as a whole. 3.P.33 Civil Duty Leave If applicable, civil duty leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Leave of absence with pay will be granted to any Administrative employee who:

1. has been selected for jury duty; 2. must appear as a witness in a trial when they are not a party in the trial; or 3. must exercise other civic duties.

This policy covers employees who are summoned or subpoenaed to perform civic duties. 3.P.35 Military Leave If applicable, military leave for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employee’s military leave shall be governed by RCW 38.40.060 and all applicable federal laws. 3.P.37 Leave of Absence Without Pay If applicable, leave without pay for Academic and Classified employees is set forth in their respective collective bargaining agreements. For Administrative employees, leave without pay is voluntary. Leave of Absence Without Pay may be granted for illness, injury, surgery, or other temporary disability; or for professional, family, or other personal reasons. Short-term Leave: Administrative employees may use leave without pay for short-term absences upon approval of their supervisor. Short-term leave without pay cannot exceed 90 calendar days. If a second consecutive short-term leave is required, it is considered long-term leave without pay and must go through the long-term leave process. Long-term Leave: A leave without pay for compelling personal reasons may be granted to Administrative employees for up to one year upon approval of the presidentPresident. Such extended leave begins from the time an employee's leave commences until they return to continuous service. Depending on the length of the extended leave of absence without pay, Employees returning from a long-term leave of absence may be assigned to their original or equivalent position.

3.P.39 Shared Leave The purpose of the shared leave program is to permit state employees, at no significantly increased cost to the state, to share their accrued leave with another state employee that meets eligibility criteria (WAC 357 – 31 – 390). The College may authorize shared leave for employees who have exhausted accrued leave and are absent due to emergency situations such as communicable disease epidemics. The Ccollege maintains procedures to support shared leave in accordance with chapter 41.04 RCW. 3.P.41 Employee Faith or Conscience Leave







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LWTech employees may request two days of excused absences per academic year for reasons of faith or conscience, or for organized activities conducted under the auspices of a religious denomination, church, or religious organization. The college will allow such absences unless they create an undue hardship for the college or it is determined that the employee’s presence is necessary to maintain public safety. “Undue hardship” means an action requiring significant difficulty or expense to the employer as defined by the Office of Financial Management under Washington Administrative Code (WAC 82.56). Each holiday taken under this policy must be taken as a whole day, i.e. the day may not be divided into hours and taken piecemeal. Employees may use annual, personal, or leave without pay.

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COMPENSATION

3.P.43 Compensation Compensation for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees are compensated commensurate with their job duties and responsibilities. 3.P.45 Contracts Academic employees receive contracts as set forth in their respective collective bargaining agreement.s. Administrative employees receive an employment contract upon hire that describes the terms and conditions for employment.

PROFESSIONAL DEVELOPMENT

3.P.47 Professional Development Policy The college supports both career-related and job-related professional development activities. It is expected that employees and supervisors discuss professional development issues and opportunities. Employees may participate in professional development as mutually agreed with their supervisor to develop skills for upward mobility. If applicable, professional development for Academic and Classified employees is set forth in their respective collective bargaining agreements. 3.P.49 Sabbatical Leave Sabbatical leave is available to administrative employees pursuant to the provisions below. Faculty and Classified employees should refer to their respective collective bargaining agreements for related provisions, if any.

1. Purpose Administrative sabbatical leave is designed to benefit the college and its students by providing administrative employees with the opportunity to engage in activities leading to professional growth and revitalization. Such leave would allow eligible employees an extended period of time free from normal contractual obligations in order to pursue legitimate professional goals. This purpose is consistent with the provisions of RCW 28B.10.650 as they now exist (or hereafter amended) and with this college's commitment to the professional development of its employees. Appropriate uses of sabbatical leave would include formal study, travel, work experience in one’s administrative area, or any other activity which would contribute substantially to the improvement of administrative abilities.

2. Eligibility Sabbatical leave may be granted for one, two or three quarters after completion of the equivalent of six (6) years of full-time permanent employment as an employee of the college. The sabbatical can be taken at any time once the waiting period has been met. The waiting period will not be reset until a sabbatical is awarded and taken. Employees awarded sabbatical leave will be eligible for additional award after a second six (6) year period of full-time, permanent employment, inclusive of time on sabbatical leave. It is not intended that sabbatical leave be accrued.

3. Approval All sabbatical leaves require the approval of the presidentPresident. The number of sabbatical leaves approved by the presidentPresident shall not exceed one full-time administrative employee at any one time.

4. Compensation A. Administrators are encouraged to seek outside funding support for their sabbaticals.

Compensation from the college during leave shall be up to 72% of the recipient's





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daily contractual salarsalary, per eymployment contract, for the year in which the leave is taken, but shall not exceed the average of the highest quartile of a rank order of salaries of all full-time teaching faculty holding academic year contracts at the college.

B. Other accrued leave (vacation or personal) cannot be used to supplement the reduced Sabbatical rate.

C. Total sabbatical cost, including the cost of replacement personnel, shall not exceed 150% of employee's annual salary with benefits.

D. Sabbatical leave salary from the college may be negotiated downward if outside funding plus sabbatical leave pay from the college exceed 100% of the recipient's full-time contractual salary for the period of the leave. In all cases remuneration will be in compliance with RCW 28B.10.650.

5. Leave Contract A. When the presidentPresident grants a sabbatical leave, the recipient shall sign a

contract with the college specifying: 1. The length of sabbatical leave, including start and end dates. 2. The amount of sabbatical payment. 3. A commitment to perform according to the approved sabbatical leave plan. 4. That the recipient will return to employment at the college for a period at

least commensurate with the amount of leave granted. Failure to comply with this provision shall constitute an obligation of the recipient to repay to the college any remuneration received from the college during the leave.

5. That the recipient will submit a written report to the presidentPresident within 60 days upon returning from leave, summarizing the work completed during the sabbatical leave and describing how the new knowledge will be used.

B. Non-compliance with the above terms of the leave contract will be in accordance with according to RCW 28B.10.650.

6. Employee Rights A. The time spent on sabbatical leave shall be recognized as equivalent to time spent as

a full-time employee of the college. B. With the exception of annual vacation leave, all other benefits shall accrue to the

administrator on sabbatical leave. 7. Exceptions

This policy is not meant to be restrictive but rather inclusive. Therefore, exceptions to this policy may be made by the presidentPresident on a case-by-case basis.

3.P.51 Professional or Extended Leave In some instances, employees may require leave that does not rise to the level of sabbatical leave (less than one quarter) but is intended to enhance skills or refresh professionally. In such cases, upon approval by the supervisor and the presidentPresident, the employee may take leave using a combination of leave without pay, vacation, or personal leave. Such leave requests will be made in accordance with applicable procedures.

SEPARATION

3.P.53 SEPARATIONSeparation Separation for Academic and Classified employees is set forth in their respective collective bargaining agreements. Administrative employees can be separated as accordingin accordance to the terms of their Administrative employment contract.

Commented [RB4]: Define contractual salary, or further specifiy. Contractual might refer to the annual employment contract or it might refer to the faculty contract. I do not think this means earnings including overloads and moonlighting.





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3.P.55 Termination of Administrators On or before April 1 of each year, administrative employees will be notified if their employment will not be continued for the following academic year. An Administrative employee does not have any contract or other property right in continued employment beyond the term of their contract. Additionally, the college reserves the right to terminate administrative employees as set forth in their administrative contracts. 3.P.57 RESIGNATIONSResignation Resignations should be submitted with two weeks’ notice if possible, and must be in writing as soon as practical after the decision has been made to resign. Resignations of academic positions should correspond with the completion of the applicable academic quarter, if possible. The written resignation shall include the final date of employment. 3.P.59 Voluntary Employee Beneficiary Association The college participates in a post-retirement medical benefits plan for Academic, Administrative and Classified employees using funds from sick leave buyouts at retirement, as authorized by RCW 28B.50.553 and RCW 41.04.340. Such plans are commonly called “VEBA” plans (Voluntary Employees' Beneficiary Association), and the plan for the Washington Community and Technical Colleges is the VEBA CTC Plan. 3.P.61 Job Abandonment The college expects employees to report for work on time for every scheduled shift. An employee who is unable to report to work at the designated time is required to notify their supervisor as soon as practicable but no later than the employee's scheduled start time. Employees who fail to report to work for three consecutive business days without notifying the college of the absence will be considered as having voluntarily resigned as a result of job abandonment. If the employee is unable to contact the college for any absence they should ask a representative (such as a family member or friend) to do so on the employee's behalf. If the employee or a representative is unable to contact the college due to extreme circumstances (such as a medical emergency or natural disaster that prohibits the employee or their representative from contacting the college within three days), the employee or their representative must contact the college as soon as practicable to explain the situation. In extreme circumstances, the college will consider the explanation and its timing before determining if the voluntary resignation will be upheld.







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Item 1080 2021-5-10

Amendment to Policies, Chapter 5 (formerly Chapter 7)

Second Read Situation The Board of Trustees reviews college policies annually according to its policy review calendar to ensure that policies are accurate and reflect governance strategy. As part of this process, the college reviews policies through its internal structure to make recommendations regarding:


Pursuant to this process, revisions were proposed to Chapter 5 (formerly Chapter 7), Student Services, including:

• The student services policy chapter has not been broadly updated in many cases since the 90s and early 2000s; this version now authorizes many services LWTech prides itself on offering to students.

• Includes new policies for Title IX (5.P.45 (4) & 5.P.120-136) (already approved as emergency rules by the Board)

• Includes a version of The Evergreen State College’s required medical withdraw policy (5.P.155) in order to provide an avenue for a non-conduct way to remove a student that may be a danger to themselves or others for medical reasons

• Minor updates to our FERPA policy to align with statewide changes in preparation for ctcLink • Updates to gendered language (i.e. removing his/her references)

These proposed revisions were reviewed by Executive Cabinet, the Policy Review Committee, and College Council. Second Reading

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Ch. 5 Student Services

5.P.01 Purpose

Policy This chapter guides the college in the areas of student access to the college, navigating college services, and officially exiting the college. The policies in this chapter also address student privacy protection, student conduct, rights, responsibilities, and judicial due process.

Procedures, Forms, and Documents No applicable procedures, forms, and documents available.

5.P.02 Admission

Policy Admission entitles students to enroll in instructional programs if the student follows the rules and procedures established for enrollment in specific programs.

1. General Admission. Consistent with state statute, the college will admit an applicant when the vice president of student services or designee determines the applicant: A. Is competent to benefit from the college’s curricular offerings. B. Would not, by their presence or conduct, create a disruptive or unsafe atmosphere within

the college inconsistent with the college’s purposes. C. Demonstrates the ability to participate in an adult learning environment.

The applicant must also: D. Be at least 18, or E. Have a high school diploma or equivalent, or F. Have applied for admission under the provisions of a student enrollment options program

such as Running Start or a successor program, or other local student enrollment options program.

2. Basic Education for Adults Admission. Students 16 and over who meet the "Title III Adult Education Programs" provisions may enroll in certain adult basic education classes. People admitted into such classes may continue as long as they demonstrate, through measurable academic progress, an ability to benefit.

3. High School Programs Admission. Students wishing to enter one of the high school program options must follow separate, additional admission procedures.

4. International Programs Admission. Students wishing to enter the college as international students using an F1 or M1 visa must follow separate, additional admission procedures.

5. Selective Admission. Admission entitles students to enroll in college classes. However, some instructional programs have selective application procedures and requirements that students must meet before they can enroll in such programs. In these cases, the college may deny admission to applicants to a specific program of study even after general admission to the college is approved.

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Procedures, Forms, and Documents 5.A.02.1 General Admission

5.A.02.1.1 College Account User Name

5.A.02.1.2 Student Email

5.A.02.1.3 Student Identification and Social Security Numbers

5.A.02.1.4 Students without Social Security Numbers

5.A.02.1.5 Release of Information to Health Department

5.A.02.2 Basic Education for Adults Admission

5.A.02.3 High School Programs Admission

5.A.02.3.1 High School Programs Admission – Running Start

5.A.02.3.2 High School Programs Admission - Underage Enrollment for Credit Classes

5.A.02.3.3 High School Programs Admission - Underage Enrollment for Non-Credit Classes

5.A.02.4 International Programs Admission

5.A.02.4.1 International Programs Admission - International High School Completion

5.A.02.4.2 International Programs Admission - International Student Tuition/Fees

5.A.02.5 Selective Admission

5.A.02.5.1 Selective Admission - Impacted Programs

5.A.02.5.2 Selective Admission – Criteria

5.A.02.5.2.1 Selective Admission – Criteria – Conditional Admission Ranking

5.A.02.5.3 Selective Admission - Deadlines

5.A.02.5.4 Selective Admission - Appeals

5.A.02.5.5 Selective Admission - Non-Matriculated Status

5.A.02.5.5.1 Selective Admission - Non-Matriculated Status - How to enroll

5.A.02.5.5.2 Selective Admission - Non-Matriculated Status - Limits on non-matriculated enrollment

5.A.02.5.5.3 Selective Admission - Non-Matriculated Status - Exception to GPA requirements for non-matriculated students

5.P.03 Registration

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Registration is the process by which a student enrolls in specific classes. LWTech maintains published procedures that specify:

1. Registration Definitions 2. Prioritization of Registration 3. Special Registration Conditions 4. General Registration Procedures 5. Change of Schedule and Late Registration 6. Changing Programs 7. Withdrawal from College 8. Student Toolbox 9. Transcripts and Grades

Procedures, Forms, and Documents 5.A.03.1 Registration - Definitions

5.A.03.2 Registration - Prioritization of Registration

5.A.03.3 Registration - Special Registration Conditions

5.A.03.4 Registration - General Registration Procedures

5.A.03.5 Registration - Change of Schedule and Late Registration

5.A.03.6 Registration - Changing Programs

5.A.03.7 Registration - Withdrawal from College

5.A.03.8 Registration – Student Toolbox

5.A.03.9 Registration – Transcripts and Grades

5.P.04 Enrollment in Instructional Programs

Policy Admission to the college does not guarantee applicants the unrestricted right to enroll in any specific program, course, or class if, in the judgment of the president or designee:

1. The college reached enrollment limits for any particular program, course, or class, or 2. Applicants did not meet reasonable prerequisites for such enrollment, or 3. Student conduct sanctions would prevent enrollment.

Procedures, Forms, and Documents 5.A.04 Enrollment in Instructional Programs

5.P.05 Transfer and Award of Credit

Policy

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Lake Washington Institute of Technology supports students in completing their educational goals as efficiently as possible. The college follows applicable state and federal laws related to the transfer and award of credits.

Procedures, Forms, and Documents 5.A.05 Transfer and Award of Credit

5.P.06 Graduation

Graduation is the process which formally recognizes a student has met all requirements for a program of study as set forth in the college Catalog. LWTech maintains published procedures that specify:

1. General Requirements 2. Deadlines and Timelines 3. Eligibility 4. Transcripts

Procedures, Forms, and Documents 5.A.06.1 Graduation – General Requirements

5.A.06.2 Graduation – Deadlines and Timelines

5.A.06.3 Graduation – Eligibility

5.A.06.4 Graduation – Transcripts

5.P.07 Reasonable Accommodation for Students with Disabilities

Policy The college will not exclude, deny the benefits of, or otherwise subject students to discrimination under any college program or activity, on the basis of disability. The college commits to giving qualified students with a documented disability equal opportunity to access the benefits, rights, and privileges of college services, programs, and activities, in the most integrated setting appropriate to the student's needs, consistent with federal and state law. The college commits to giving reasonable accommodations and auxiliary aids and services to qualified students with disabilities. To receive reasonable accommodations and auxiliary aids and services students must:

1. Document the nature and extent of the disability. 2. Request accommodations in a timely manner following documented college procedure.

Procedures, Forms, and Documents 5.A.07.1 Reasonable Accommodation for Students with Disabilities

5.A.07.2 Scope of Accommodations

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5.A.07.3 Definitions

5.A.07.4 Obligations of the College

5.A.07.5 Disability Support Services Office

5.A.07.6 Academic Accommodations-Examples by Categories

• RCW 28B.10.910

5.P.08 Accommodations and Absences for Reasons of Faith or Conscience – Students

LWTech is committed to ensuring that students with faith- or conscience-based beliefs have equal opportunity to access and benefit from the college’s educational offerings and services. To this end, and in compliance with, Title VII of the Civil Rights Act of 1964 and Washington’s Law Against Discrimination, LWTech has adopted procedures for reasonably accommodating and allowing for absences and accommodations based upon the faith or conscience based beliefs, observances, and practices of its students.

Procedures, Forms, and Documents 5.A.08.1 Accommodations for Reasons of Faith or Conscience

5.A.08.2 Absence Due to Faith or Conscience

5.P.09 Financial Aid (WAC 495D-132-010)

Policy Lake Washington Institute of Technology will offer a comprehensive financial aid program for students who use college, state, and federal financial aid resources and/or appropriate Foundation resources. The financial aid office will:

1. Provide financial aid information in college publications. 2. Help students obtain financial aid information. 3. Determine student eligibility for financial aid. 4. Manage the college’s financial aid programs. 5. Manage the college’s work study programs

Procedures, Forms, and Documents 5.A.09.1 Financial Aid: Provide financial aid information in college publications.

5.A.09.2 Financial Aid: Help students obtain financial aid information.

5.A.09.3 Financial Aid: Determine student eligibility for financial aid.

5.A.09.4 Financial Aid: Manage the college’s financial aid programs.

5.A.09.5 Financial Aid: Work Study Programs

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https://app.leg.wa.gov/RCW/default.aspx?cite=28B.10.910

5.P.11 Scholarships (WAC 495D-131-010)

Policy The financial aid office keeps detailed information about the criteria, eligibility, procedures for application, and other information on scholarships offered by Lake Washington Institute of Technology, or administered by the financial aid office. Detailed information concerning the Lake Washington Foundation Scholarships is located in the Foundation office at the college.

Procedures, Forms, and Documents 5.A.11 Scholarships

5.P.12 Veteran Services

The college is committed to supporting the education, social, and support needs of our veterans and manages these services via the financial aid office.

Procedures, Forms, and Documents 5.A.12 Veteran Services

5.P.13 Student Financial Obligation

Policy The college may place a hold on a students’ records if they have financial obligation to the college due to tuition or financial aid. Until the student clears the financial obligation, the college will deny a student the ability to register for future classes.

Procedures, Forms, and Documents 5.A.13 Student Financial Obligation

5.P.15 Workforce Development Programs

LWTech is committed to supporting the education, social, and support needs of students by offering federal and state funded programs through Workforce Development that may provide assistance with tuition, books, supplies, advising, and other individualized support services, depending on qualifications. Procedures, Forms, and Documents 5.A.15.1 Workforce Development: WorkFirst

5.A.15.2 Workforce Development: Basic Food, Employment & Training

5.A.15.3 Workforce Development: Opportunity Grant

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5.A.15.4 Workforce Development: Worker Retraining

5.P.16 Employment Services

The college is committed to supporting the employment needs of prospective and enrolled students, alumni, and community members. The college assists with career discernment, job search, and career planning by means of individual appointments, regular workshops, training, and events.

Procedures, Forms, and Documents 5.A.16 Employment Services

5.P.17 Outreach and Recruitment

The college maintains an Outreach and Recruitment Office focused on ensuring access to the college for prospective students and serving the higher education needs of Washington State.

Procedures, Forms, and Documents 5.A.17 Outreach and Recruitment

5.P.18 Academic Advising

The college maintains comprehensive academic advising services focused on ensuring students can successfully navigate the college environment.

Procedures, Forms, and Documents 5.A.18 Academic Advising

5.A.18.1 Academic Advising - New Student Orientation

5.A.18.2 Academic Advising - Program Faculty as an Advisor

5.A.18.3 Academic Advising - Academic Early Alert

5.A.18.4 Academic Advising - Legend Software

5.P.19 Student Death

In the event of a student death, the vice president of student services ensures employees and, in some cases, students are informed, student records are closed, and other tools associated with the student’s campus life are closed or managed.

Procedures, Forms, and Documents 5.A.19 Student Death

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5.P.20 Student Programs

Student programs creates a student oriented learning experience through the management and implementation of:

1. student leadership development, 2. campus life activity implementation, 3. annual or quarterly new student welcome orientations, 4. advising the associated student government, 5. management of student chartered clubs, and 6. annual commencement ceremony.

Student Programs is authorized to create meaningful on or off campus co-curricular or general activities which include, but are not limited to:

1. College sponsored trips, activities, or off-campus events which support community building, personal development, and/or academic learning.

2. Events sponsored by: the Associated Student Government (ASG), Registered Student Clubs, Student Programs, and other college departments focused on developing and implementing out-of-class learning experiences while using college facilities and resources.

3. Structured student involvement in college governance activities where those activities benefit the student body.

Ensuring effective and appropriate use of college facilities and resources, the college follows applicable statutes related to the current ASG Constitution, collection and distribution of student activities fees, and collection and distribution of student technology fees.

Procedures, Forms, and Documents 5.A.20 Student Programs

5.P.21 Family Educational Rights and Privacy Act—General Policy

Policy The college complies with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and its implementing regulation (34 C.F.R. § 99). Briefly, the college:

1. Gives students access to their own education records. 2. Allows students to challenge their records on the grounds they are inaccurate, misleading, or

otherwise violate the student's privacy or other rights. 3. Obtains written consent before releasing certain information. 4. Notifies students of these rights.

Procedures, Forms, and Documents 5.A.21 Family Educational Rights and Privacy Act—General Procedure

• Family Educational Rights and Privacy Act

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https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

5.P.23 Family Educational Rights and Privacy Act—Definitions

Policy For the purposes of this policy, the following definitions apply:

1. Student: any individual who attends, or previously attended, the college and for whom the college maintains education records. The Family Educational Rights and Privacy Act continues to cover the education records of students no longer attending the college.

2. Education records: those records, per 20 U.S.C. 1232g(a)(4): A. Directly related to a student. B. Maintained by an educational agency or institution or by a party acting for the agency or

institution. Education records do not include records: A. Kept in the sole possession of the maker, used only as a personal memory aid, and not

accessible or revealed to any other person except a temporary substitute for the maker of the record.

B. Of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.

C. Related to a person employed by an educational agency or institution, that: 1. Are made and maintained in the normal course of business. 2. Relate exclusively to the individual in that individual's capacity as an employee. 3. Are not available for use for any other purpose.

D. Related to a person in attendance at the agency or institution who is employed as a result of their status as a student. Such are education records and not excepted under paragraph (C)(1) of this definition.

E. On a student who is 18 or older, or who attends an institution of postsecondary education, or records that are:

1. Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their professional capacity or assisting in a paraprofessional capacity.

F. Made, maintained, or used only in connection with treatment of the student. G. Disclosed only to people who provide the treatment. For the purpose of this definition,

“treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.

H. Created or received by an educational agency or institution after a person is no longer a student in attendance and that are not directly related to the person’s attendance as a student.

I. Of grades on peer-graded papers before they are collected and recorded by a teacher. (Authority: 20 U.S.C. 1232g(a)(4))

2. Personally identifiable: the following information about students or family members: A. Student information:

1. Name. 2. Address. 3. Telephone numbers. 4. Personal and college-issued email addresses.

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5. Date and place of birth. 6. Education level. 7. Academic major. 8. Degrees, certificates, and awards received. 9. Eligibility for and participation in officially recognized college activities and

organizations. 10. Dates of attendance 11. Educational institution in which the student most recently was enrolled. 12. Full- or part-time status. 13. Grades. 14. Test scores. 15. Medical records. 16. Specific dates and places of classes in which enrolled. 17. Personal identifiers such as social security number or college student identification

numbers. 18. Other personally identifying characteristics which would make the student’s identity

easily traceable. 19. Photograph. 20. Other information that, alone or in combination, is linked or linkable to a specific

student that would allow a reasonable person in the college community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

21. Information requested by a person who the college reasonably believes knows the identity of the student to whom the education record relates.

B. Family information: 1. Names of parents or other family members. 2. Parents or other family members’ addresses.

3. Directory information: includes this student information: A. Student Name. B. Major field of study. C. Degrees or certificates earned. D. Term degree or certificate awarded E. Eligibility for and participation in official activities and organizations. F. Dates of attendance. G. Enrollment status (full- or part-time status). H. Honors awards received.

4. Solomon Amendment information: student information the college gives to military recruiters for recruitment purposes consistent with federal statute. Information includes:

A. Name. B. Address. C. Telephone numbers. D. Date and place of birth. E. Education level. F. Academic major. G. Degrees, certificates, and awards received. H. Educational institution in which the student most recently was enrolled.

5. Written consent: a written authorization for disclosing student educational records that the student (or parent for students under 18 and attending Lake Washington Technical Academy) signs, dates,

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specifies the purpose and records to be disclosed, and specifies to whom disclosure is authorized. (34 C.F.R. 99.30)

Procedures, Forms, and Documents • Family Educational Rights and Privacy Act

5.P.25 Family Educational Rights and Privacy Act—Annual Notification of Rights

Policy The college will notify students of their rights under the Family Educational Rights and Privacy Act of 1974 by publishing them in the college catalog and quarterly class schedule. The college will make available, on request, a copy of the policy that governs release of student records. The college will also post at conspicuous places on campus information about the existence of this policy and of the availability of copies.


5.P.27 Family Educational Rights and Privacy Act—Procedure to Inspect Education Records

Policy 1. Students may inspect and review their education records on request to the appropriate college

official as designated in state statute. 2. Students must submit to the appropriate college official a written request that identifies as precisely

as possible the record or records they want to inspect. 3. The appropriate college official will make the needed arrangements for access as promptly as

possible and notify the student where and when they can inspect the records. The college must give access within 45 days of the request.


5.P.29 Family Educational Rights and Privacy Act—Disclosure of Education Records

Policy 1. The college may, at its discretion, make disclosures from education records of students to these

parties: A. College officials, including college administrative and clerical staff, faculty, and students

officially elected or appointed to the college’s Associated Student Government or employed by the college, including contractors, consultants, volunteers, or other parties to whom the college has outsourced institutional services or functions when those parties perform an institutional service or function for which the college would otherwise use employees, under the direct control of the college, and where such information will not be further disclosed except as provided by the Family Educational Rights and Privacy Act.

B. To officials of another school in which the student seeks or intends to enroll.

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C. To authorized federal, state, or local officials as required by law. D. In connection with financial aid for which the student has applied or received. E. To appropriate parties in a health or safety emergency. F. To accrediting organizations to carry out their functions. G. To parents, as defined in Section 99.3, of a dependent student, as defined in Section 152 of

the Internal Revenue Code of 1986. H. To comply with a judicial order or a lawfully issued subpoena. I. To military recruiters authorized to receive specific information under the Solomon

Amendment. J. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense.

2. The college will not allow access to or the release of education records or personally identifiable information in the records, other than "directory information," without the student’s written consent, to any party other than those listed in section one above.

3. The college may release “directory information” at its discretion and without the student’s consent, unless they elects to stop disclosure. Students who want to stop disclosure must file a written request with the registrar. The request continues in effect according to its terms unless the student revokes it in writing.

4. The college may release “Solomon Amendment” information, as defined in 5.P.23, to military recruiters authorized to get specific information for recruitment purposes. Release of this information applies to students 17 years and older and does not apply to students with previous military experience or to students who filed a request to prevent disclosure of directory information.

5. The college does not release “personally identifiable” information, other than that defined as “releasable”, “directory information”, or “Solomon Amendment” information, except as the student specifically requests (or parents in the case of Lake Washington Technical Academy students under 18).


5.P.31 Family Educational Rights and Privacy Act—Limits on Rights to Review and Inspect and Obtain Copies of Education Records

Policy 1. When a record contains information about more than one student, the student may inspect and

review only the records that relate to them. 2. The college reserves the right to refuse to permit a student to inspect the following records:.

A. The financial statement of the student's parents. B. Letters and statements of recommendation placed in file before January 1, 1975, or for which

the student waived their right of access. C. Records connected with an application to attend the college if the college denied that

application. D. Those records excluded from the FERPA definition of education records and not otherwise

available for inspection under state statute. 3. The college reserves the right to deny transcripts or copies of records not required to be made

available by the Federal Educational Rights and Privacy Act if there is an unresolved disciplinary action against the student.

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5.P.33 Family Educational Rights and Privacy Act—Record of Request and Disclosures

Policy 1. The college will maintain a record of requests for and disclosures of personally identifiable

information in each student’s education records. The college will make the record maintained under this section available for inspection and review as provided in WAC 495D-280-050.

2. The college will maintain the record of requests with the student’s education records as long as it maintains the education records.

3. The record must include the: A. Names of parties who received personally identifiable information. B. Interest the parties had in requesting or obtaining the information. C. Names and interests of additional parties to which the reviewing educational agency or

institution may disclose or re-disclose the information. 4. These parties may inspect the record of requests and disclosures that relate to a student:

A. The student. B. The college officials who are responsible for the custody of the records. C. Persons authorized to audit the college’s record keeping procedures.

5. The college does not have to maintain a record if the request was from, or the disclosure was to: A. The student. B. A school official. C. A party with written consent from the student or a party seeking directory information. D. A school official or an entity that qualifies as an employee of the college (e.g. National

Student Clearinghouse).


5.P.35 Family Educational Rights and Privacy Act—Requests For Corrections, Hearings, Adding Statements to Education Records

Policy Students have the right to request to have records corrected they believe are inaccurate, misleading, or that violate their privacy rights.


5.P.37 Family Educational Rights and Privacy Act—Fees for Copies

Policy

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The college will make copies of student records at the expense of the requesting party at the appropriate cost, as determined by college procedure.


5.P.39 Family Educational Rights and Privacy Act—Waiver

Policy Students may waive any of their rights under this chapter by submitting a written, signed, and dated waiver to Enrollment Services. This waiver must specify the records and persons or institutions covered. A waiver continues in effect according to its terms unless the student revokes it in writing, with a signature and the date.


5.P.41 Family Educational Rights and Privacy Act—Type and Location of Education Records

Policy

Types Location Custodian

Admission, Testing Records Admissions Office Registrar

Cumulative Academic and Registration Records

Registration Office Registrar

Payment of Tuition Records Accounting Office Director of Accounting Services

Student Government Participation Records

Associated Student Government Office

Director of Student Programs

Financial aid Financial Aid Office Director of Financial Aid

Student Employment Records Human Resources Human Resources Officer

Student Conduct Records Student Services Director of Student Development


5.P.43 Family Educational Rights and Privacy Act—Remedy for Students Protected by this Act

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Policy Students may file a written complaint with the U. S. Department of Education regarding an alleged Federal Education Rights and Privacy Act violation. The address is: Family Policy and Compliance Office United States Department of Education 400 Maryland Avenue S.W. Washington, D.C. 20202-4605


5.P.45 Student Conduct Code—Statement of Purpose

Policy 1. The State of Washington operates Lake Washington Institute of Technology to provide programs of

instruction in higher education and related community services. Like any other institution that has its own special purposes, the college must maintain conditions conducive to the effective performance of its functions. Consequently, the college has special expectations regarding the conduct of the participants in the college community.

2. Admission to the college carries the expectation that students will conduct themselves as responsible college community members. This includes an expectation that students will:

1. Obey appropriate laws. 2. Follow college and department rules. 3. Maintain a high standard of integrity and honesty.

3. The college will deal with violations of college rules or conduct that interferes with the operation of college affairs. The college may impose sanctions independently of any action taken by civil or criminal authorities. Provisions of this code are subject to change. The college may report misconduct of students enrolled through the high school programs office to the student’s parents. The college may report misconduct to any parent who claims the student as a dependent or as otherwise provided by the Family Educational Rights and Privacy Act of 1972, as amended.

4. These definitions and policies apply, except in Title IX proceedings. Supplemental policies for Title IX proceedings begin in Policy 5.P.120 (WAC 495D-121-680).

Procedures, Forms, and Documents

5.P.47 Student Conduct Code—Jurisdiction (WAC 495D-121-320)

Policy 1. The student conduct code shall apply to student conduct that occurs:

a. On college premises. b. At or in connection with college sponsored activities. c. Off-campus when, in the judgment of the college, it adversely affects the college

community or the pursuit of its objectives. 2. Jurisdiction extends to, but is not limited to, locations in which students engage in official

college activities including, but not limited to:

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a. Foreign or domestic travel b. Activities funded by the associated students c. Athletic events d. Training internships e. Cooperative and distance education f. Online education g. Practicums h. Supervised work experiences i. Any other college-sanctioned social or club activities

3. Students are responsible for their conduct from the time of application for admission through the actual receipt of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.

4. These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending. The college has sole discretion, on a case by case basis, to determine whether the student conduct code will be applied to conduct that occurs off-campus.


5.P.49 Student Conduct Code—Definitions (WAC 495D-121-330)

Policy The following definitions apply for purpose of this student conduct code:

1. "Business day" means a weekday, excluding weekends and official college holidays. 2. "College premises" shall include all campuses of the college, wherever located, and includes all

land, buildings, facilities, vehicles, equipment, and other property the college owns, uses, or controls.

3. “Complainant” means an alleged victim of sexual misconduct. 4. "Conduct review officer" means the vice-president of student services or other college

administrator the president designates to have responsibility to receive and review or refer appeals of student disciplinary actions consistent with the procedures of this code. The president can reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as reasonably necessary.

5. "Disciplinary action" means the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.

6. "Disciplinary appeal" means the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. The student conduct committee hears disciplinary appeals for a suspension in excess of ten (10) instructional days or a dismissal. The college will review appeals of all other appealable disciplinary action through brief adjudicative proceedings.

7. "Filing" means the process by which a document is officially delivered to a college official responsible to facilitate a disciplinary review. Unless otherwise provided, filing shall be accomplished by:

a. Hand delivery of the document to the specified college official or college official's assistant; or

b. Sending the document by e-mail or first class mail to the specified college official's office and college e-mail address.

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Papers required for filing are considered filed when the specified college official actually receives the papers during office hours.

7. "President" means the president of the college. The president is authorized to: a. Delegate any of their responsibilities as set forth in this chapter as may be reasonably

necessary; and b. Reassign any and all duties and responsibilities as set forth in this chapter as may be

reasonably necessary. 8. "Respondent" means the student against whom the college initiates disciplinary action. 9. "Service" means the process by which a document is officially delivered to a party. Unless

otherwise provided, service upon a party shall be accomplished by: a. Hand delivery of the document to the party; or b. Sending the document by e-mail or by certified mail or first class mail to the party's last

known address. Service is deemed complete upon hand delivery of the document or upon the date the document is e-mailed and deposited in the mail.

10. “Sexual misconduct” has the meaning ascribed to this term in WAC 495D-121-590(18). 11. "Student" includes all persons who take classes at or through the college, whether on a full-time

or part-time basis, and whether such classes are credit courses, noncredit courses, online courses, or otherwise. People who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who were notified of their acceptance for admission are considered students for purposes of this chapter.

12. “Student conduct committee” means a college committee as described in WAC 495D-121-400. 13. "Student conduct officer" means a college administrator to whom the president or vice-

president of student services designates responsibility to implement and enforce the student conduct code. The president or vice-president can reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as reasonably necessary.

14. “Title IX Coordinator” means a college administrator to whom the president designates responsibility to implement and enforce the guidelines of federal Title IX legislation.

Procedures, Forms, and Documents • WAC 495D-121-400

5.P.51 Student Conduct Code—Initiation of Discipline (WAC 495D-121-340)

Policy 1. The student conduct officer initiates all disciplinary actions. If that officer is the subject of a complaint

the respondent initiates, the president will, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities that relate to the complainant.

2. The student conduct officer initiates disciplinary action by personally informing the student of the allegations or serving the respondent with written notice directing them to attend a disciplinary meeting. The notice will briefly describe the:

A. Factual allegations. B. Provision(s) of the conduct code the respondent allegedly violated. C. Range of possible sanctions for the alleged violation(s). D. Time and location of the meeting.

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At the meeting, the student conduct officer will present the allegations to the respondent and the respondent will be afforded an opportunity to explain what took place. If the respondent fails or refuses to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.

3. The student conduct officer, prior to taking disciplinary action in a case involving allegations of sexual misconduct, will make a reasonable effort to contact the complainant to discuss the results of the investigation and possible disciplinary sanctions and/or conditions (if any) that may be imposed upon the respondent if the allegations of sexual misconduct are found to have merit.

4. Within ten (10) calendar days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer will give the respondent a written decision that states:

A. The facts and conclusions that supports the decision. B. The specific student conduct code provisions that were violated. C. The discipline imposed, if any. D. A notice of any appeal rights with an explanation of the consequences of not filing a timely

appeal. 5. The student conduct officer may take any of the following disciplinary actions:

A. Exonerate the respondent and terminate the proceedings. B. Impose a disciplinary sanction(s), as described in (WAC 495D-121-290) C. Refer the matter directly to the student conduct committee for such disciplinary action as the

committee deems appropriate. The student conduct officer will make this referral in writing, to the attention of the student conduct committee’s chair with a copy served on the respondent.

6. In cases involving allegations of sexual misconduct, the student conduct officer, on the same date that a disciplinary decision is served on the respondent, will serve a written notice informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights. If protective sanctions and/or conditions are imposed, the student conduct officer shall make a reasonable effort to contact the complainant to ensure that prompt notice of the protective disciplinary sanctions and/or conditions.


5.P.53 Student Conduct Code—Appeal From Disciplinary Action (WAC 495D-121-350)

Policy 1. The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct

review officer within ten (10) days of service of the student conduct officer’s decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer’s decision shall be deemed final.

2. The notice of appeal must include a brief statement explaining why the respondent is seeking review. 3. The parties to an appeal shall be the respondent and the conduct review officer. 4. A respondent, who timely appeals a disciplinary action or whose case is referred to the student

conduct committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

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5. On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence.

6. Imposition of disciplinary action for violation of the student conduct code shall be stayed pending appeal, unless respondent has been summarily suspended.

7. The student conduct committee shall hear appeals from: A. the imposition of disciplinary suspensions in excess of ten (10) instructional days; B. dismissals; and C. discipline cases referred to the committee by the student conduct officer, the conduct review

officer, or the president. 8. Student conduct appeals from the imposition of the following disciplinary sanctions shall be reviewed

through a brief adjudicative proceeding: A. suspensions of ten instructional days or less; B. disciplinary probation; C. written reprimands; and D. any conditions or terms imposed in conjunction with one of the foregoing disciplinary

actions. 9. Except as provided elsewhere in these rules, disciplinary warnings and dismissals of disciplinary

actions are final action and are not subject to appeal. 10. In cases involving allegations of sexual misconduct, the complainant has the right to appeal the

following actions by the student conduct officer following the same procedures as set forth above for the respondent:

A. the dismissal of a sexual misconduct complaint; or B. any disciplinary sanction(s) and conditions imposed against a respondent for a sexual

misconduct violation, including a disciplinary warning. 11. If the respondent timely appeals a decision imposing discipline for a sexual misconduct violation, the

college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.

12. Except as otherwise specified in this Chapter, a complainant who timely appeals a disciplinary decision or who intervenes as a party to respondent’s appeal of a disciplinary decision shall be afforded the same procedural rights as are afforded the respondent.


5.P.55 Student Conduct Code—Brief Adjudicated Proceedings (BAPs) Authorized (WAC 495D-121-360)

Policy This rule is adopted in accordance with RCW 34.05.482 through 34.05.494. Brief adjudicative proceedings shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the president, or a designee, in regard to:

1. Parking violations. 2. Outstanding debts owed by students or employees. 3. Use of college facilities. 4. Residency determinations. 5. Use of library—Fines. 6. Challenges to contents of education records.

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7. Loss of eligibility for participation in institution sponsored athletic events. 8. Denials of requests for public records. 9. Student conduct appeals involving the following disciplinary actions:

A. suspensions of ten (10) instructional days or less; B. disciplinary probation; C. written reprimands; D. any conditions or terms imposed in conjunction with one of the foregoing disciplinary

actions; and E. appeals by a complainant in student disciplinary proceedings involving allegations of sexual

misconduct in which the student conduct officer: i. dismisses disciplinary proceedings based upon a finding that the allegations of sexual

misconduct have no merit; or ii. issues a verbal warning to respondent.

10. Appeals of decisions regarding mandatory tuition and fee waivers. Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.

Procedures, Forms, and Documents • RCW 34.05.482

5.P.57 Student Conduct Code—Brief Adjudicated Proceedings—Agency Record (WAC 495D-121-370)

Policy The agency record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. These records shall be maintained as the official record of the proceedings.


5.P.59 Student Conduct Code—Brief Adjudicative Proceedings—Initial Hearing (WAC 495D-121- 380)

Policy 1. Brief adjudicative proceedings shall be conducted by a conduct review officer. The conduct review

officer shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

2. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party (a) an opportunity to be informed of the agency's view of the matter and (b) an opportunity to explain the party's view of the matter.

3. The conduct review officer shall serve an initial decision upon both the parties within ten (10) days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no

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request for review is filed within ten (10) days of service of the initial decision, the initial decision shall be deemed the final decision.

4. In cases involving allegations of sexual misconduct, the conduct review officer, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection. The notice will also inform the complainant of their appeal rights.

5. If the conduct review officer upon review determines that the respondent’s conduct may warrant imposition of a disciplinary suspension of more than ten (10) instructional days or dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.


5.P.61 Student Conduct Code—Brief Adjudicative Proceedings—Review of an Initial Decision (WAC 495D-121-390)

Policy 1. An initial decision is subject to review by the president, provided a party files a written request for

review with the conduct review officer within ten (10) days of service of the initial decision. 2. The president shall not participate in any case in which they are a complainant or witness, or in which

they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

3. During the review, the president shall give all parties an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to ascertain whether the sanctions should be modified or whether the proceedings should be referred to the student conduct committee for a formal adjudicative hearing.

4. The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within twenty (20) days of the initial decision or of the request for review, whichever is later. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the president does not make a disposition of the matter within twenty (20) days after the request is submitted.

5. If the president upon review determines that the respondent’s conduct may warrant imposition of a disciplinary suspension of more than ten (10) instructional days or dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.

6. In cases involving allegations of sexual misconduct, the president, on the same date as the final decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights.


5.P.63 Student Conduct Code—Student Conduct Committee (WAC 495D-121-400)

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Policy 1. The student conduct committee shall consist of five members:

A. Two full-time students appointed by the student government; B. Two faculty members appointed by the president; C. One administrative staff member (other than an administrator serving as a student conduct

or conduct review officer) appointed by the president at the beginning of the academic year. 2. The administrative staff member shall serve as the chair of the committee and may take action on

preliminary hearing matters prior to convening the committee. The chair shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

3. Hearings may be heard by a quorum of three members of the committee so long as one faculty member and one student are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.

4. Members of the student conduct committee shall not participate in any case in which they are a party, complainant, or witness, in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity. Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).

Procedures, Forms, and Documents • RCW 34.05.425(4)

5.P.65 Student Conduct Code—Appeal—Student Conduct Committee (WAC 495D-121-410)

Policy 1. Proceedings of the student conduct committee shall be governed by the Administrative Procedures

Act, Chapter 34.05 RCW. 2. The student conduct committee chair shall serve all parties with written notice of the hearing not less

than seven (7) days in advance of the hearing date. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause shown.

3. The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decisions concerning the extent and form of any discovery, issuance of protective decisions, and similar procedural matters.

4. Upon request filed at least five (5) days before the hearing by any party or at the direction of the committee chair, the parties shall exchange, no later than the third (3rd) day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present to the committee. Failure to participate in good faith in such a requested exchange may be cause for exclusion from the hearing of any witness or exhibit not disclosed, absent a showing of good cause for such failure.

5. The committee chair may provide to the committee members in advance of the hearing copies of (a) the student conduct officer’s notification of imposition of discipline (or referral to the committee) and (b) the notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

6. The parties may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the committee chair may provide copies of these admissible exhibits to the committee members before the hearing.

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7. The student conduct officer, upon request, shall provide reasonable assistance to the respondent and complainant in obtaining relevant and admissible evidence that is within the college's control.

8. Communications between committee members and other hearing participants regarding any issue in the proceeding, other than procedural communications that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

9. In cases heard by the committee, each party may be accompanied at the hearing by a non-attorney assistant of their choice. The respondent in all appeals before the committee, or a complainant in an appeal involving allegations of sexual misconduct before the committee, may elect to be represented by an attorney at their own cost, but will be deemed to have waived that right unless, at least four (4) business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer. The committee will ordinarily be advised by an assistant attorney general. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.

Procedures, Forms, and Documents o 34.05 RCW o 10-08 WAC

5.P.67 Student Conduct Code—Student Conduct Appeals Committee Hearings—Presentation of Evidence (WAC 495D-121-420)

Policy 1. Upon the failure of any party to attend or participate in a hearing, the student conduct committee

may either A. proceed with the hearing and issuance of its decision or B. serve a decision of default in accordance with RCW 34.05.440.

2. The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.

3. The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190.

4. The chair shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the committee.

5. The student conduct officer (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.

6. All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452.

7. In cases involving allegations of sexual misconduct, no party shall directly question or cross examine one another. Attorneys for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross-examination

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questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party’s behalf.

Procedures, Forms, and Documents • 34.05 RCW • 10-08 WAC

5.P.69 Student Conduct Code—Student Conduct Committee—Initial Decision (WAC 495D-121- 430)

Policy 1. At the conclusion of the hearing, the student conduct committee shall permit the parties to make

closing arguments in whatever form it wishes to receive them. The committee also may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.

2. Within twenty (20) days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461and WAC 10-08-210. The initial decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

3. The committee's initial order shall also include a determination on appropriate discipline, if any. If the matter was referred to the committee by the student conduct officer, the committee shall identify and impose disciplinary sanction(s) or conditions (if any) as authorized in the student code. If the matter is an appeal by a party, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

4. The committee chair shall cause copies of the initial decision to be served on the parties and their legal counsel of record. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

5. In cases involving allegations of sexual misconduct, the chair of the student conduct committee, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including suspension or dismissal of the respondent. Complainant may appeal the student conduct committee’s initial decision to the president subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of their appeal rights.


5.P.71 Student Conduct Code—Appeal from Student Conduct Committee Initial Decision (WAC 495D-121-440)

Policy

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1. A respondent who is aggrieved by the findings or conclusions issued by the student conduct committee may appeal the committee’s initial decision to the president by filing a notice of appeal with the president’s office within ten (10) days of service of the committee's initial decision. Failure to file a timely appeal constitutes a waiver of the right and the initial decision shall be deemed final.

2. The notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain argument why the appeal should be granted. The president’s review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of those issues and arguments raised in the notice of appeal.

3. The president shall provide a written decision to all parties within twenty (20) days after receipt of the notice of appeal. The president's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.

4. In cases involving allegations of sexual misconduct, the president, on the same date that the final decision is served upon the respondent, shall serve a written notice informing the complainant of the final decision. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including suspension or dismissal of the respondent.

5. The president shall not engage in an ex parte communication with any of the parties regarding an appeal.


5.P.73 Student Conduct Code—Summary Suspension (WAC 495D-121-450)

Policy 1. Summary suspension is a temporary exclusion from specified college premises or denial of access to

all activities or privileges for which a respondent might otherwise be eligible, while an investigation and/or formal disciplinary procedures are pending.

2. The student conduct officer may impose a summary suspension if there is probable cause to believe that the respondent:

A. Has violated any provision of the code of conduct; and B. Presents an immediate danger to the health, safety or welfare of members of the college

community; or C. Poses an ongoing threat of substantial disruption of, or interference with, the operations of

the college. 3. Notice. Any respondent who has been summarily suspended shall be served with oral or written

notice of the summary suspension. If oral notice is given, a written notification shall be served on the respondent within two (2) business days of the oral notice.

4. The written notification shall be entitled “Notice of Summary Suspension” and shall include: A. The reasons for imposing the summary suspension, including a description of the conduct

giving rise to the summary suspension and reference to the provisions of the student conduct code or the law allegedly violated;

B. The date, time, and location when the respondent must appear before the conduct review officer for a hearing on the summary suspension; and

C. The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been

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trespassed from the campus, a notice against trespass shall be included that warns the student that their privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

5. Hearing procedures: A. The conduct review officer shall conduct a hearing on the summary suspension as soon as

practicable after imposition of the summary suspension. B. During the summary suspension hearing, the issue before the conduct review officer is

whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope.

C. The respondent shall be afforded an opportunity to explain why summary suspension should not be continued while disciplinary proceedings are pending or why the summary suspension should be less restrictive in scope.

D. If the student fails to appear at the designated hearing time, the conduct review officer may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings.

E. As soon as practicable following the hearing, the conduct review officer shall issue a written decision which shall include a brief explanation for any decision continuing and/or modifying the summary suspension and notice of any right to appeal.

F. To the extent permissible under applicable law, the conduct review officer shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

6. In cases involving allegations of sexual misconduct, the complainant shall be notified that a summary suspension has been imposed on the same day that the summary suspension notice is served on the respondent. The college will also provide the complainant with timely notice of any subsequent changes to the summary suspension order.


5.P.75 Student Conduct Code—Discipline Procedures for Cases Involving Allegations of Sexual Misconduct—Supplemental Sexual Misconduct Procedures (WAC 495D-121-460)

Policy Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision.


5.P.83 Student Conduct Code—Free Movement on Campus (WAC 495D-121-500)

Policy

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The president or designee is authorized in the instance of any event that they deems impedes the movement of persons or vehicles or which they deems to disrupt the ingress or egress of persons from the college facilities, to prohibit the entry of, or withdraw the license of, or privileges of a person or persons or any group of persons to enter onto or remain upon any portion of the college facility. The president may act through the vice president of administrative services or any other person they may designate.


5.P.85 Student Conduct Code—Right to Demand Identification (WAC 495D-121-510)

Policy To determine if probable cause exists to apply any section of this code to any behavior by any person on a college facility, any college employee or other authorized personnel may demand that anyone on college facilities produce identification and/or evidence of student enrollment at the college by any of the following:

1. Student identification card. 2. Registration schedule. 3. Receipt for payment of fees for a current course.


5.P.87 Student Conduct Code—Civil Disturbances (WAC 495D-121-520)

Policy In accordance with provisions contained in RCW 28B.10.571 and RCW 28B.10.572:

1. It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty, staff member, or student of the college who is in the peaceful discharge or conduct of their duties or studies.

2. It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty, staff member or student of the college who is in the peaceful discharge of their duties or studies.

3. The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any administrator, faculty, or staff member who is engaged in the reasonable exercise of their disciplinary authority.

4. Any person or persons who violate the provisions of subparagraphs 1. and 2. above will be subject to disciplinary action and referred to the authorities for prosecution.

Procedures, Forms, and Documents o RCW 28B.10.571 o RCW 28B.10.572

5.P.89 Student Conduct Code—Authority to Prohibit Trespass (WAC 495D-121-530)

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Policy 1. Individuals who are not students or members of the faculty or staff and who violate Lake Washington

Institute of Technology’s rules, or whose conduct threatens the safety or security of its students, staff, or faculty will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the campus president, or their designee, to leave the college property. Such a request will be deemed to prohibit the entry of, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW.

2. Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accord with established college policies.

3. When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice-president of administrative services or designee within ten (10) days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice-president of administrative services or designee will be the final decision of the college and should be issued within five (5) business days.


5.P.91 Student Conduct Code—Academic Dishonesty/and Classroom/Lab/Clinic Conduct (WAC 495D-121-540)

Policy 1. Honest assessment of student performance is of crucial importance to all members of the academic

community. The college views acts of dishonesty as serious breaches of honor and will deal with them using the following:

A. College administration and faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty.

B. Any student who, for the purpose of fulfilling any assignment or task required by a faculty member as part of the student's program of instruction, shall knowingly tender any work product that the student fraudulently represents to the faculty member as the student's work product, shall be deemed to have committed an act of academic dishonesty. Acts of academic dishonesty are cause for disciplinary action.

C. Any student who aids or abets an act of academic dishonesty, as described in B of this subsection, may be subject to disciplinary action.

D. Faculty may adjust the student's grade on a particular project, paper, test, or class for academic dishonesty. This section shall not be construed as preventing a faculty from taking immediate disciplinary action when they must act upon such breach of academic dishonesty to preserve order and prevent disruptive conduct in the classroom.

2. Instructors have the authority to take whatever summary actions necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the course objectives.

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A. Any student who, by any act of misconduct, substantially disrupts a class by engaging in conduct that renders it difficult or impossible to maintain the decorum of the faculty's class is subject to disciplinary action.

B. The faculty of each course, or the managing authority of distance learning courses, can take steps as necessary to preserve order and to maintain the effective cooperation of the class in fulfilling the course objectives, given that a student shall have the right to appeal the disciplinary action to the faculty’s supervisor.


5.P.93 Student Conduct Code—Hazing Prohibited (WAC 495D-121-550)

Policy 1. The college strictly bans hazing. 2. Hazing: any method of initiation into a student organization or living group or any pastime or

amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person who attends any institution of higher education or post-secondary institution.

3. Penalties. A. Any student organization, association or club that knowingly permits hazing is:

i. Liable for harm caused to people or property that result from hazing. ii. Denied recognition by the college as an official organization, association, or club on

campus. If the organization, association, or club is a corporation (for profit or non-profit), the college may hold individual directors of the corporation individually liable for damages.

B. A person who takes part in hazing another gives up any entitlement to state-funded grants, scholarships, or awards for a period of one year.

C. Forfeiture of state-funded grants, scholarships, or awards may include permanent forfeiture, based upon the seriousness of the violations.

D. The student conduct code may apply to hazing violations. E. Hazing violations are also misdemeanors punishable under state criminal law according to

RCW 9A.20.021. 4. Sanctions for Impermissible Conduct not amounting to Hazing.

A. Impermissible conduct associated with initiation into a student organization or club or any pastime or amusement engaged in, with respect to the organization or club, will not be tolerated.

B. Impermissible conduct, which does not amount to hazing, may include conduct that causes embarrassment, sleep deprivation or personal humiliation, or may include ridicule or unprotected speech amounting to verbal abuse.

C. Impermissible conduct not amounting to hazing is subject to any sanctions available under the student conduct code, depending upon the seriousness of the violation.

Procedures, Forms, and Documents • RCW 9A.20.021

5.P.95 Student Conduct Code – Authority (WAC 495D-121-570)

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Policy The board of trustees, acting pursuant to RCW 28B.50.140(13), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice-president of student services or designee. The student conduct officer shall serve as the principal investigator and administrator for alleged violations of this code.

Procedures, Forms, and Documents • RCW 28B.50.140(14)

5.P.97 Student Conduct Code – Statement of Student Rights (WAC 495D-121-580)

Policy As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community. The following enumerated rights are guaranteed to each student within the limitations of statutory law and college policy which are deemed necessary to achieve the educational goals of the college:

1. Academic freedom. A. Students are guaranteed the rights of free inquiry, expression, and assembly upon and within

college facilities that are generally open and available to the public. B. Students are free to pursue appropriate educational objectives from among the college's

curricula, programs, and services, subject to the limitations of RCW 50.090 (3)(b). C. Students shall be protected from academic evaluation which is arbitrary, prejudiced, or

capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

D. Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.

2. Due process. A. The rights of students to be secure in their persons, quarters, papers, and effects against

unreasonable searches and seizures is guaranteed. B. No disciplinary sanction may be imposed on any student without notice to the accused of the

nature of the charges. C. A student accused of violating this code of student conduct is entitled, upon request, to

procedural due process as set forth in this chapter.

Procedures, Forms, and Documents • RCW 50.090 (3)(b)

5.P.99 Student Conduct Code – Prohibited Student Conduct (WAC 495D-121-590)

Policy

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The college may impose disciplinary sanctions against a student who commits, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of misconduct, which include, but are not limited to the following:

1. Academic Dishonesty: Any act of academic dishonesty, including but not limited to cheating, plagiarism, and fabrication.

A. Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.

B. Plagiarism includes taking and using as one’s own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

C. Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an assignment.

D. Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus. Further academic consequences may follow consistent with the provisions in any program handbook. Incidents of academic dishonesty may also be referred to the Student Conduct Officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

2. Other Dishonesty: Any other acts of dishonesty. Such acts include, but are not limited to: A. Forgery, alteration, submission of falsified documents or misuse of any college document,

record, or instrument of identification; B. Tampering with an election conducted by or for college students; or C. Furnishing false information, or failing to furnish correct information, in response to the

request or requirement of a college officer or employee. 3. Obstructive or Disruptive Conduct: Conduct, not otherwise protected by law, that interferes with,

impedes, or otherwise unreasonably hinders: A. Any instruction, research, administration, disciplinary proceeding, or other college activity; B. The free flow of pedestrian or vehicular movement on college property or at a college

activity; C. Any student’s ability to profit from the instructional program; or D. Any activity that is authorized to occur on college property, whether or not actually

conducted or sponsored by the college. 4. Assault, Intimidation, and/or Harassment: Unwanted touching, physical abuse, verbal abuse,

threat(s), intimidation, harassment, bullying, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person’s property. For purposes of this code, “bullying” is defined as repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates the victim.

5. Imminent Danger: Where the student presents an imminent danger to college property, or to themselves, or other students or persons in college facilities on or off campus, or to the education processes of the college.

6. Cyber Misconduct: Cyber-stalking, cyber-bullying or online harassment. Use of electronic communications, including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another

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person. Prohibited activities include, but are not limited to, unauthorized monitoring of another’s email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another’s email identity, non-consensual recording of sexual activity, and non-consensual distribution of a recording of sexual activity.

7. Property Violation: Damage to, misappropriation of, unauthorized use or possession of, vandalism, or other non-accidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.

8. Noncompliance: Failure to comply with: A. The direction of a college officer or employee who is acting in the legitimate performance of

their duties, including failure to properly identify oneself to such a person when requested to do so;

B. A college rule or policy as set forth in the Lake Washington Institute of Technology Policies and Procedures Manual which may be found in the library or online.

9. Weapons: Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, martial arts weapons, explosive device, dangerous chemicals, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus, subject to the following exceptions:

A. Commissioned law enforcement personnel or legally- authorized military personnel while in performance of their duties; or

B. A student with a valid concealed weapons permit may store a firearm in their vehicle parked on campus in accordance with RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view; or

C. The president or designee may authorize possession of a weapon on campus upon a showing that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in advance to bringing weapons to the college, in writing, and shall be subject to such terms or conditions incorporated therein.

10. Hazing: Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.

11. Tobacco, Electronic Cigarettes, and Related Products: The use of tobacco, electronic cigarettes, and related products in any building owned, leased, or operated by the college or in any location where such use is prohibited, including twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased or operated by the college. “Related products” include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff.

12. Alcohol: Being observably under the influence of any alcoholic beverage, or otherwise using, possessing, selling, or delivering any alcoholic beverage, except as permitted by law and authorized by the college president.

13. Marijuana: The use, possession, delivery, sale, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

14. Drugs: The use, possession, delivery, sale, or being observably under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in RCW 69.41, or any other controlled substance under RCW 69.50, except as prescribed for a student’s use by a

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licensed practitioner. Being observably under the influence of any lawfully prescribed drug when enrolled in classes that require operation of heavy equipment or other dangerous equipment.

15. Disorderly Conduct: Conduct which is disorderly, lewd, obscene, or a breach of peace on college premises or at college sponsored activities that is not otherwise protected under the law.

16. Discriminatory Conduct: Conduct which harms or adversely affects any member of the college community because of her/his race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age ; religion; creed; sexual orientation; gender identity; veteran’s status; or any other legally protected classification.

17. Sexual Misconduct. The term “sexual misconduct” includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the Supplemental Procedures to this Code. See WAC 495D-121-680 (Supplemental Title IX Student Conduct Procedures).

A. Sexual Harassment. The term “sexual harassment” means unwelcome sexual or gender based conduct, including unwelcome sexual advances, requests for sexual favors, quid pro quo harassment, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently severe, persistent, or pervasive as to:

1. deny or limit the ability of a student to participate in or benefit from the college’s educational program;

2. alter the terms or conditions of employment for a college employee(s); and/or 3. create an intimidating, hostile, or offensive environment for other campus

community members. B. Sexual Intimidation. The term “sexual intimidation” incorporates the definition of

“sexual harassment” and means threatening or emotionally distressing conduct based on sex, including, but not limited to, nonconsensual recording of sexual activity or the distribution of such recording.

C. Sexual Violence. “Sexual Violence” is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

D. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

E. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

F. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18).

G. Statutory Rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).

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H. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.

I. Dating violence, Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person

1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and

2. where the existence of such a relationship shall be determined based on a consideration of the following factors:

i. The length of the relationship; ii. The type of relationship; and

iii. The frequency of interaction between the persons involved in the relationship

J. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. fear for their safety or the safety of others; or 2. suffer substantial emotional distress.

K. For purposes of this code, “consent” means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct

18. Harassment: Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person’s protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college’s educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person’s race; color; national origin; sensory, mental, or physical disability; age; religion; creed; genetic information; sexual orientation; gender identity; veteran’s status; or any other legally protected classification. See “Sexual Misconduct” for the definition of “sexual harassment.” Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media and electronic communications.

19. Retaliation: Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of this code or college policy, provided

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information about an alleged violation, or participated as a witness or in any other capacity in a college investigation or disciplinary proceeding.

20. Misuse of Information Resources: Theft or other misuse of computer time or other electronic information resources of the college. Such misuse includes but is not limited to:

A. Unauthorized use of such resources or opening of a file, message, or other item. B. Unauthorized duplication, transfer, or distribution of a computer program, file, message, or

other item. C. Unauthorized use or distribution of someone else's password or other identification. D. Use of such time or resources to interfere with someone else's work. E. Use of such time or resources to send, display, or print an obscene or abusive message, text,

or image. F. Use of such time or resources to interfere with normal operation of the college's computing

system or other electronic information resources. G. Use of such time or resources in violation of applicable copyright or other law. H. Adding to or otherwise altering the infrastructure of the college's electronic information

resources without authorization. I. Failure to comply with the college's acceptable use policy.

21. Breach of Campus Safety: Safety violation includes any non-accidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community. Breaching campus safety or security, includes but is not limited to:

A. Unauthorized access to college facilities; intentionally damaging door locks; unauthorized possession of college keys or access cards; duplicating college keys or access cards; propping open of exterior doors; or unauthorized entry onto or into college property.

B. Tampering with fire safety equipment such as fire extinguishers, smoke detectors, alarm pull stations or emergency exits or triggering false alarms or other emergency response systems.

C. Placement of equipment or vehicles including bicycles so as to obstruct the means of access to/from college buildings.

D. Entering or remaining in any closed college facility or entering after the closing time of the college facility without permission of a college official.

E. Operation of any motor vehicle on college property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person.

22. Abuse of Procedures: Abuse or misuse of any of the procedures relating to student complaints or misconduct, including but not limited to:

A. Failure to obey a subpoena. B. Falsification or misrepresentation of information. C. Disruption, or interference with the orderly conduct of a proceeding. D. Interfering with someone else's proper participation in a proceeding. E. Destroying or altering potential evidence, or attempting to intimidate or otherwise

improperly pressure a witness or potential witness. F. Attempting to influence the impartiality of, or harassing or intimidating, a student conduct

committee member. G. Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.

23. Violation of Other Laws of Policies: Violation of any federal, state, or local law, rule, or regulation or other college rules or policies, including college traffic and parking rules.

24. Ethical Violation: The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal or major.

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In addition to initiating discipline proceedings for violation of the student conduct code, the college may refer any violations of federal, state or local laws to civil and criminal authorities for disposition. The college reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.


5.P.101 Student Conduct Code—Student Conduct Code – Disciplinary Sanctions (WAC 495D-121-600)

Policy 1. The following primary disciplinary sanctions may be imposed upon students found to have violated

the student conduct code. A. Disciplinary Warning: A verbal statement to a student that there is a violation and that

continued violation may be cause for further disciplinary action. B. Written Reprimand: Notice in writing that the student has violated one or more terms of

this code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action.

C. Disciplinary Probation: Formal action placing specific conditions and restrictions upon the student's continued attendance depending upon the seriousness of the violation and which may include a deferred disciplinary sanction. If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction, which may include, but is not limited to, a suspension or a dismissal from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time or may be for the duration of the student's attendance at the college.

D. Disciplinary Suspension: Dismissal from the college and from the student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission.

E. Dismissal: The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which the action is taken.

2. Disciplinary terms and conditions that may be imposed in conjunction with the imposition of a disciplinary sanction include, but are not limited to, the following:

A. Restitution: Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of monetary reimbursement, appropriate service, or other compensation.

B. Professional Evaluation: Referral for drug, alcohol, psychological, or medical evaluation by an appropriately certified or licensed professional may be required. The student may

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https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.050

choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student’s return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation including but not limited to drug and alcohol education, anger management coursework, or ongoing treatment. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

C. Not in Good Standing: A student may be deemed “not in good standing” with the college. If so the student shall be subject to the following restrictions:

1. Ineligible to hold an office in any student organization recognized by the college or to hold any elected or appointed office of the college.

2. Ineligible to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation

D. No Contact Orders and Other Summary Relief: The college may require a student to refrain from any form of contact with another student or college employee. Other forms or relief include, but are not limited to: switching to alternate sections of individual classes or programs, delaying admission to an instructional program, assigned seating during a class, or behavioral contracts.

3. No order of severity is established for secondary sanctions: A. Community/College Service: A student may be offered an opportunity to complete a

specified number of hours of Community/College Service in lieu of other sanctions. The type of Community/College Service must be approved by the hearing officer.

B. Educational Requirements: A provision to complete a specific educational requirement directly related to the violation committed. The provision will be clearly defined. Such educational requirements may include, but are not limited to, completion of an alcohol education workshop, a diversity awareness workshop, an anger management class, essays, or reports.

C. Restrictions: The withdrawal of specified privileges for a definite period of time, but without the additional stipulations contained in the imposition of conduct probation. The restrictions involved will be clearly defined.

D. Loss of Parking Privileges on Campus: Revocation of parking privileges.


5.P.103 Student Conduct Code—Loss of Eligibility, Student Activity Participation (WAC 495D-121-610)

Policy Any student found to have violated Chapter 69.50 RCW, the Uniform Controlled Substances Act, or Chapter 69.41 RCW, legend drugs, by virtue of a criminal conviction or by final decision of the college

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president or designee shall, in lieu of or in addition to any other disciplinary action which may be imposed, be disqualified from participation in any school-sponsored student events or activities.

Procedures, Forms, and Documents o 69.50 RCW o 69.41 RCW

5.P.105 Student Conduct Code—Refunds and Access (WAC 495D-121-620)

Policy 1. The college’s refund policy covers refund of fees for the quarter in which disciplinary action occurs. 2. The college may deny a student access to all or any part of the campus or other facility if they was

suspended on the basis of conduct, which disrupted the orderly operation of the campus or any facility of the district, may be denied.


5.P.107 Student Conduct Code—Readmission after Dismissal or Suspension (WAC 495D-121-630)

Policy The college will normally readmit any student suspended from the college for academic or disciplinary reasons on a space available basis in the students’ program of study, when the suspension ends. The college may readmit a student after receiving approval of a written petition submitted to the vice president, or other designated administrator, who imposed such suspension if:

1. A student who was suspended believes that circumstances merit reconsideration of the suspension before it ends.

2. The student was suspended with conditions imposed for readmission. This petition must state reasons that support a reconsideration of the matter. The vice president’s or designee’s decision, after reviewing the petition, is final.


5.P.109 Student Conduct Code—Reestablishment of Academic Standing (WAC 495D-121-640)

Policy Students who were dismissed or suspended consistent with disciplinary procedures set forth in WAC 495D-121-340 and WAC 495D-121-600 and whose dismissal, or suspension upon appeal is found unwarranted will have the opportunity to reestablish their academic and student standing to the extent possible within the college’s abilities, including an opportunity to retake exams or otherwise complete course offerings missed because of such action.


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5.P.111 Student Conduct Code—Campus Speakers (WAC 495D-121-650)

Policy 1. Student organizations officially recognized by the college may invite speakers to the campus to

address their own membership and other interested students and faculty if: A. Suitable space is available. B. It does not interfere with the college’s regularly scheduled programs.

Although allowed by the college, having such speakers on the campus does not imply the college’s approval or disapproval of them or their viewpoints. For speakers who are candidates for political office, the college will make equal opportunities available to opposing candidates if they desire.

2. To ensure an atmosphere of open exchange and to not obscure the college’s educational objectives, the president or designee, in a case with strong emotional feeling, may set conditions for conducting the meeting, such as requiring:

A. A designated member of the college community as chair, or B. Permission for comments and questions from the floor.

The president or designee may encourage the appearance of one or more additional speakers at any meeting or at following meetings so people can express other points of view. The president may designate representatives to recommend conditions such as time, manner, and place for conducting particular meetings.


5.P.113 Student Conduct Code—Distribution of Information (WAC 495D-121-660)

Policy 1. Students and members of recognized student organizations, or college employees, may sell or

distribute handbills, leaflets, newspapers, and similar materials free of charge on or in college facilities at locations specifically designated by the appropriate administrator, as long as the distribution or sale:

A. Does not interfere with people’s the ingress or egress; B. Does not impede the free flow of vehicular or pedestrian traffic; C. Is not obscene; or D. Does not incite imminent violence.

2. All non-students must contact the director of student programs or designee and get directions on where, when, and the manner of distribution before distributing any handbill, leaflet, newspaper, or related matter. This ensures that such distribution or sale does not interfere with the free flow of vehicular or pedestrian traffic.

3. Anyone who violates provisions of subsections one and two of this section is subject to disciplinary action. Anyone who violates provisions of subsection two is subject to removal from the college campus.


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No applicable procedures, forms, and documents available.

5.P.115 Student Conduct Code—Commercial Activities (WAC 495D-121-670)

Policy 1. No one can use college facilities for commercial solicitation, advertising, or promotional activities

except when these activities: a. Clearly serve educational objectives including, but not limited to, display of books of

interest to the academic community or the display or demonstration of technical or research equipment.

b. Are conducted under the sponsorship or at the request of the college or official college organizations if the solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic.

2. Students cannot use college facilities, equipment, and supplies for personal commercial gain. 3. For the purpose of this regulation, the term "commercial activities" does not include handbills,

leaflets, newspapers, and similarly related materials as regulated in WAC 495D-121-660.


5.P.120 Student Conduct Code—Supplemental Title IX Procedures – Order of Precedence (WAC 495D-121-680)

Policy This supplemental procedure applies to allegations of Sexual Harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. To the extent these supplemental hearing procedures conflict with Lake Washington Institute of Technology’s standard disciplinary procedures, WAC 495D-121-320 through -670, these supplemental procedures shall take precedence.

5.P.122 Student Conduct Code—Supplemental Title IX Procedures – Prohibited Conduct Under Title IX (WAC 495D-121-690)

Policy Pursuant to RCW 28B.50.140(13) and Title IX of the Education Act Amendments of 1972, 20 U.S.C. §1681, Lake Washington Institute of Technology may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of “sexual harassment.” For purposes of this supplemental procedure, “sexual harassment” encompasses the following conduct:

1. Quid Pro Quo Harassment. A Lake Washington Institute of Technology employee conditioning the provision of an aid, benefit, or service of Lake Washington Institute of Technology on an individual’s participation in unwelcome sexual conduct.

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2. Hostile Environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Lake Washington Institute of Technology’s educational programs or activities, or employment.

3. Sexual Assault. Sexual assault includes the following conduct: a. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal,

oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

b. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

c. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).

d. Statutory Rape. Consensual sexual intercourse between someone who is eighteen (18) years of age or older and someone who is under the age of sixteen (16).

4. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.

5. Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:

a. The length of the relationship; b. The type of relationship; and c. The frequency of interaction between the persons involved in the relationship.

6. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.


Policy 1. This supplemental procedure applies only if the alleged misconduct:

a. Occurred in the United States; b. Occurred during a Lake Washington Institute of Technology educational program or

activity; and

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c. Meets the definition of Sexual Harassment as that term is defined in this supplemental procedure.

2. For purposes of this supplemental procedure, an “educational program or activity” is defined as locations, events, or circumstances over which Lake Washington Institute of Technology exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by Lake Washington Institute of Technology.

3. Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of Section 1(a)-(c) have not been met. Dismissal under this supplemental procedure does not prohibit Lake Washington Institute of Technology from pursuing other disciplinary action based on allegations that the Respondent violated other provisions of Lake Washington Institute of Technology’s student conduct code, WAC 495D-121-320 through -670.

4. If the Student Conduct Officer determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Student Conduct Officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

5.P.126 Student Conduct Code—Supplemental Title IX Procedures – Initiation of Discipline (WAC 495D-121-710)

Policy 1. Upon receiving the Title IX investigation report from the Title IX Coordinator, the Student

Conduct Officer will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the Respondent for engaging in prohibited conduct under Title IX.

2. If the Student Conduct Officer determines that there are sufficient grounds to proceed under these supplement procedures, the Student Conduct Officer will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with either the Chair of the Student Conduct Committee or the college’s appointed Title IX Hearing Officer and serving the notice on the Respondent and the Complainant, and their respective advisors. The notice must:

a. Set forth the basis for Title IX jurisdiction; b. Identify the alleged Title IX violation(s); c. Set forth the facts underlying the allegation(s); d. Identify the range of possible sanctions that may be imposed if the Respondent is found

responsible for the alleged violation(s); e. Explain that the parties are entitled to be accompanied by their chosen advisors during

the hearing and that: i. The advisors will be responsible for questioning all witnesses on the party’s

behalf; ii. An advisor may be an attorney; and

iii. Lake Washington Institute of Technology will appoint the party an advisor of Lake Washington Institute of Technology’s choosing at no cost to the party, if the party fails to do so; and

3. Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.

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5.P.128 Student Conduct Code—Supplemental Title IX Procedures – Pre-Hearing Procedure (WAC 495D-121-720)

Policy

1. Upon receiving the disciplinary notice, the Chair of the Student Conduct Committee or the college’s appointed Title IX Hearing Officer will send a hearing notice to all parties, in compliance with WAC 495D-121-410. In no event will the hearing date be set less than ten (10) days after the Title IX Coordinator provided the Final Investigation Report to the parties.

2. A party may choose to have an attorney serve as their advisor at the party’s own expense. This right will be waived unless, at least five (5) days before the hearing, the attorney files a notice of appearance with the committee chair with copies to all parties and the student conduct officer.

3. In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether Lake Washington Institute of Technology intends to offer the evidence at the hearing.

5.P.130 Student Conduct Code—Supplemental Title IX Procedures – Rights of Parties (WAC 495D-121-730)

Policy

1. Lake Washington Institute of Technology’s Student Conduct Procedures, WAC 495D-121-320 through -670, and this supplemental procedure shall apply equally to all parties.

2. The Lake Washington Institute of Technology bears the burden of offering and presenting sufficient testimony and evidence to establish that the Respondent is responsible for a Title IX violation by a preponderance of the evidence.

3. The Respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

4. During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney. If a party does not choose an advisor, then the Title IX Coordinator will appoint an advisor of Lake Washington Institute of Technology’s choosing on the party’s behalf at no expense to the party.

5.P.132 Student Conduct Code—Supplemental Title IX Procedures – Evidence (WAC 495D-121-740)

Policy The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

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1. Relevance: The Committee Chair or the college’s appointed Title IX Hearing Officer shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

2. Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

3. Questions or evidence about a Complainant’s sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

a. Is asked or offered to prove someone other than the Respondent committed the alleged misconduct; or

b. Concerns specific incidents of prior sexual behavior between the Complainant and the Respondent, which are asked or offered on the issue of consent.

4. Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the Committee or the college’s appointed Title IX Hearing Officer must not rely on any statement by that party or witness in reaching a determination of responsibility.

5. No negative inference: The Committee or the college’s appointed Title IX Hearing Officer may not make an inference regarding responsibility solely on a witness’s or party’s absence from the hearing or refusal to answer questions.

6. Privileged evidence: The Committee or the college’s appointed Title IX Hearing Officer shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

a. Spousal/domestic partner privilege; b. Attorney-Client and attorney work product privileges; c. Privileges applicable to members of the clergy and priests; d. Privileges applicable to medical providers, mental health therapists, and counsellors; e. Privileges applicable to sexual assault and domestic violence advocates; and f. Other legal privileges identified in RCW 5.60.060.

5.P.134 Student Conduct Code—Supplemental Title IX Procedures – Initial Order (WAC 495D-121-750)

Policy In addition to complying with WAC 495D-121-430, the Student Conduct Committee or the college’s appointed Title IX Hearing Officer will be responsible for conferring and drafting an Initial Order that:

1. Identifies the allegations of sexual harassment; 2. Describes the grievance and disciplinary procedures, starting with filing of the formal complaint

through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

3. Makes findings of fact supporting the determination of responsibility; 4. Reaches conclusions as to whether the facts establish whether the Respondent is responsible for

engaging in Sexual Harassment in violation of Title IX; 5. Contains a statement of, and rationale for, the Committee’s or the college’s appointed Title IX

Hearing Officer’s determination of responsibility for each allegation; 6. Describes any disciplinary sanction or conditions imposed against the Respondent, if any;

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7. Describes to what extent, if any, Complainant is entitled to remedies designed to restore or preserve Complainant’s equal access to Lake Washington Institute of Technology’s education programs or activities; and

8. Describes the process for appealing the Initial Order to the Lake Washington Institute of Technology President.

9. The Committee Chair or the college’s appointed Title IX Hearing Officer will serve the Initial Order on the Parties simultaneously.


Policy

1. The Parties shall have the right to appeal from the Initial Order’s determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the same procedures and timeframes set forth in WAC 495D-121-440.

2. The President or their delegate will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether the disciplinary sanction and condition(s) imposed in the Initial Order are affirmed, vacated, or amended, and, if amended, set forth any new disciplinary sanction and/or condition(s).

3. President’s Office shall serve the Final Decision on the parties simultaneously.

Revisions Chapter Reviewed and Revised: November 2013 through May 2014 Board of Trustees Adoption: June 20, 2014

5.P.140 Release of Registered Sex Offender Information

The college may release registered sex offender (RSO) information when the college has been informed by a law enforcement agency that persons so identified are enrolled or present on or near the college campus or other college sites. College community is the faculty, staff, students and general public on or near any college site.

Procedures, Forms, and Documents 5.A.140 Campus Sex Crimes Prevention and Registered Sex Offender Procedures

5.P.142 Children on Campus

The college is committed to maintaining a family friendly atmosphere. Children may not be on campus unattended and the college maintains procedures related to their presence in specific campus spaces such as classrooms and labs.

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Procedures, Forms, and Documents 5.A.142 Children on Campus

5.P.144 Childcare Center Operations

The college operates a licensed childcare center on campus in support of student and employee access.

Procedures, Forms, and Documents 5.A.144 Child Care Center Operation

5.P.146 TRIO Projects

Pending continued grant funding, the college maintains TRIO programs focused on Student Support Services and Support Services for Students with Disabilities.

Procedures, Forms, and Documents 5.A.146 TRIO Projects

5.P.150 Support for Students in Distress

The college will maintain comprehensive procedures for supporting students in distress.

Procedures, Forms, and Documents 5.A.150 Support for Students in Distress

5.A.150.1 Campus Assessment, Response, and Evaluation (CARE) team

5.A.150.2 Bias Response Team (BRT)

5.A.150.3 Medical Amnesty

5.A.150.4 Family Emergency Notification

5.A.150.5 Postvention Protocol

5.P.155 Required Medical Withdraw – Students (WAC 495D-121-800)

Lake Washington Institute of Technology may require a student to take a medical withdraw or prohibit enrollment in a specific course of study if a student has a physical illness/condition or a mental, emotional, or psychological condition and as a result of the illness or condition:

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1. Is engaging in, or is threatening to engage in, behavior that poses a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or

2. The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or

3. The student's behavior has resulted in significant disruption of the teaching, learning, or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior substantially impeding the education processes or proper activities or functions of the college and its personnel.

Procedures, Forms, and Documents 5.A.155 Required Medical Withdraw – Students

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Ch. 5 Student Services

5.P.01 Purpose

Policy This chapter guides the college in the areas of student access to the college, navigating college services, and officially exiting the college. The policies in this chapter also address student privacy protection, student conduct, rights, responsibilities, and judicial due process.


5.P.02 Admission

Policy Admission entitles students to enroll in instructional programs if the student follows the rules and procedures established for enrollment in specific programs.

1. General Admission. Consistent with state statute, the college will admit an applicant when the vice president of student services or designee determines the applicant: A. Is competent to benefit from the college’s curricular offerings. B. Would not, by their presence or conduct, create a disruptive or unsafe atmosphere within

the college inconsistent with the college’s purposes. C. Demonstrates the ability to participate in an adult learning environment.

The applicant must also: D. Be at least 18, or E. Have a high school diploma or equivalent, or F. Have applied for admission under the provisions of a student enrollment options program

such as Running Start or a successor program, or other local student enrollment options program.

2. Basic Education for Adults Admission. Students 16 and over who meet the "Title III Adult Education Programs" provisions may enroll in certain adult basic education classes. People admitted into such classes may continue as long as they demonstrate, through measurable academic progress, an ability to benefit.

3. High School Programs Admission. Students wishing to enter one of the high school program options must follow separate, additional admission procedures.

4. International Programs Admission. Students wishing to enter the college as international students using an F1 or M1 visa must follow separate, additional admission procedures.

5. Selective Admission. Admission entitles students to enroll in college classes. However, some instructional programs have selective application procedures and requirements that students must meet before they can enroll in such programs. In these cases, the college may deny admission to applicants to a specific program of study even after general admission to the college is approved.

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Procedures, Forms, and Documents 5.A.02.1 General Admission

5.A.02.1.1 College Account User Name

5.A.02.1.2 Student Email

5.A.02.1.3 Student Identification and Social Security Numbers

5.A.02.1.4 Students without Social Security Numbers

5.A.02.1.5 Release of Information to Health Department

5.A.02.2 Basic Education for Adults Admission

5.A.02.3 High School Programs Admission

5.A.02.3.1 High School Programs Admission – Running Start

5.A.02.3.2 High School Programs Admission - Underage Enrollment for Credit Classes

5.A.02.3.3 High School Programs Admission - Underage Enrollment for Non-Credit Classes

5.A.02.4 International Programs Admission

5.A.02.4.1 International Programs Admission - International High School Completion

5.A.02.4.2 International Programs Admission - International Student Tuition/Fees

5.A.02.5 Selective Admission

5.A.02.5.1 Selective Admission - Impacted Programs

5.A.02.5.2 Selective Admission – Criteria

5.A.02.5.2.1 Selective Admission – Criteria – Conditional Admission Ranking

5.A.02.5.3 Selective Admission - Deadlines

5.A.02.5.4 Selective Admission - Appeals

5.A.02.5.5 Selective Admission - Non-Matriculated Status

5.A.02.5.5.1 Selective Admission - Non-Matriculated Status - How to enroll

5.A.02.5.5.2 Selective Admission - Non-Matriculated Status - Limits on non-matriculated enrollment

5.A.02.5.5.3 Selective Admission - Non-Matriculated Status - Exception to GPA requirements for non-matriculated students

5.P.03 Registration

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Registration is the process by which a student enrolls in specific classes. LWTech maintains published procedures that specify:

1. Registration Definitions 2. Prioritization of Registration 3. Special Registration Conditions 4. General Registration Procedures 5. Change of Schedule and Late Registration 6. Changing Programs 7. Withdrawal from College 8. Student Toolbox 9. Transcripts and Grades

Procedures, Forms, and Documents 5.A.03.1 Registration - Definitions

5.A.03.2 Registration - Prioritization of Registration

5.A.03.3 Registration - Special Registration Conditions

5.A.03.4 Registration - General Registration Procedures

5.A.03.5 Registration - Change of Schedule and Late Registration

5.A.03.6 Registration - Changing Programs

5.A.03.7 Registration - Withdrawal from College

5.A.03.8 Registration – Student Toolbox

5.A.03.9 Registration – Transcripts and Grades

5.P.04 Enrollment in Instructional Programs

Policy Admission to the college does not guarantee applicants the unrestricted right to enroll in any specific program, course, or class if, in the judgment of the president or designee:

1. The college reached enrollment limits for any particular program, course, or class, or 2. Applicants did not meet reasonable prerequisites for such enrollment, or 3. Student conduct sanctions would prevent enrollment.

Procedures, Forms, and Documents 5.A.04 Enrollment in Instructional Programs

5.P.05 Transfer and Award of Credit

Policy

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Lake Washington Institute of Technology supports students in completing their educational goals as efficiently as possible. The college follows applicable state and federal laws related to the transfer and award of credits.

Procedures, Forms, and Documents 5.A.05 Transfer and Award of Credit

5.P.06 Graduation

Graduation is the process which formally recognizes a student has met all requirements for a program of study as set forth in the college Catalog. LWTech maintains published procedures that specify:

1. General Requirements 2. Deadlines and Timelines 3. Eligibility 4. Transcripts

Procedures, Forms, and Documents 5.A.06.1 Graduation – General Requirements

5.A.06.2 Graduation – Deadlines and Timelines

5.A.06.3 Graduation – Eligibility

5.A.06.4 Graduation – Transcripts

5.P.07 Reasonable Accommodation for Students with Disabilities

Policy The college will not exclude, deny the benefits of, or otherwise subject students to discrimination under any college program or activity, on the basis of disability. The college commits to giving qualified students with a documented disability equal opportunity to access the benefits, rights, and privileges of college services, programs, and activities, in the most integrated setting appropriate to the student's needs, consistent with federal and state law. The college commits to giving reasonable accommodations and auxiliary aids and services to qualified students with disabilities. To receive reasonable accommodations and auxiliary aids and services students must:

1. Document the nature and extent of the disability. 2. Request accommodations in a timely manner following documented college procedure.

Procedures, Forms, and Documents 5.A.07.1 Reasonable Accommodation for Students with Disabilities

5.A.07.2 Scope of Accommodations

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5.A.07.3 Definitions

5.A.07.4 Obligations of the College

5.A.07.5 Disability Support Services Office

5.A.07.6 Academic Accommodations-Examples by Categories

• RCW 28B.10.910

5.P.08 Accommodations and Absences for Reasons of Faith or Conscience – Students

LWTech is committed to ensuring that students with faith- or conscience-based beliefs have equal opportunity to access and benefit from the college’s educational offerings and services. To this end, and in compliance with, Title VII of the Civil Rights Act of 1964 and Washington’s Law Against Discrimination, LWTech has adopted procedures for reasonably accommodating and allowing for absences and accommodations based upon the faith or conscience based beliefs, observances, and practices of its students.

Procedures, Forms, and Documents 5.A.08.1 Accommodations for Reasons of Faith or Conscience

5.A.08.2 Absence Due to Faith or Conscience

5.P.09 Financial Aid (WAC 495D-132-010)

Policy Lake Washington Institute of Technology will offer a comprehensive financial aid program for students who use college, state, and federal financial aid resources and/or appropriate Foundation resources. The financial aid office will:

1. Provide financial aid information in college publications. 2. Help students obtain financial aid information. 3. Determine student eligibility for financial aid. 4. Manage the college’s financial aid programs. 5. Manage the college’s work study programs

Procedures, Forms, and Documents 5.A.09.1 Financial Aid: Provide financial aid information in college publications.

5.A.09.2 Financial Aid: Help students obtain financial aid information.

5.A.09.3 Financial Aid: Determine student eligibility for financial aid.

5.A.09.4 Financial Aid: Manage the college’s financial aid programs.

5.A.09.5 Financial Aid: Work Study Programs

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5.P.11 Scholarships (WAC 495D-131-010)

Policy The financial aid office keeps detailed information about the criteria, eligibility, procedures for application, and other information on scholarships offered by Lake Washington Institute of Technology, or administered by the financial aid office. Detailed information concerning the Lake Washington Foundation Scholarships is located in the Foundation office at the college.

Procedures, Forms, and Documents 5.A.11 Scholarships

5.P.12 Veteran Services

The college is committed to supporting the education, social, and support needs of our veterans and manages these services via the financial aid office.

Procedures, Forms, and Documents 5.A.12 Veteran Services

5.P.13 Student Financial Obligation

Policy The college may place a hold on a students’ records if they have financial obligation to the college due to tuition or financial aid. Until the student clears the financial obligation, the college will deny a student the ability to register for future classes.

Procedures, Forms, and Documents 5.A.13 Student Financial Obligation

5.P.15 Workforce Development Programs

LWTech is committed to supporting the education, social, and support needs of students by offering federal and state funded programs through Workforce Development that may provide assistance with tuition, books, supplies, advising, and other individualized support services, depending on qualifications. Procedures, Forms, and Documents 5.A.15.1 Workforce Development: WorkFirst

5.A.15.2 Workforce Development: Basic Food, Employment & Training

5.A.15.3 Workforce Development: Opportunity Grant

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5.A.15.4 Workforce Development: Worker Retraining

5.P.16 Employment Services

The college is committed to supporting the employment needs of prospective and enrolled students, alumni, and community members. The college assists with career discernment, job search, and career planning by means of individual appointments, regular workshops, training, and events.

Procedures, Forms, and Documents 5.A.16 Employment Services

5.P.17 Outreach and Recruitment

The college maintains an Outreach and Recruitment Office focused on ensuring access to the college for prospective students and serving the higher education needs of Washington State.

Procedures, Forms, and Documents 5.A.17 Outreach and Recruitment

5.P.18 Academic Advising

The college maintains comprehensive academic advising services focused on ensuring students can successfully navigate the college environment.

Procedures, Forms, and Documents 5.A.18 Academic Advising

5.A.18.1 Academic Advising - New Student Orientation

5.A.18.2 Academic Advising - Program Faculty as an Advisor

5.A.18.3 Academic Advising - Academic Early Alert

5.A.18.4 Academic Advising - Legend Software

5.P.19 Student Death

In the event of a student death, the vice president of student services ensures employees and, in some cases, students are informed, student records are closed, and other tools associated with the student’s campus life are closed or managed.

Procedures, Forms, and Documents 5.A.19 Student Death

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5.P.20 Student Programs

Student programs creates a student oriented learning experience through the management and implementation of:

1. student leadership development, 2. campus life activity implementation, 3. annual or quarterly new student welcome orientations, 4. advising the associated student government, 5. management of student chartered clubs, and 6. annual commencement ceremony.

Student Programs is authorized to create meaningful on or off campus co-curricular or general activities which include, but are not limited to:

1. College sponsored trips, activities, or off-campus events which support community building, personal development, and/or academic learning.

2. Events sponsored by: the Associated Student Government (ASG), Registered Student Clubs, Student Programs, and other college departments focused on developing and implementing out-of-class learning experiences while using college facilities and resources.

3. Structured student involvement in college governance activities where those activities benefit the student body.

Ensuring effective and appropriate use of college facilities and resources, the college follows applicable statutes related to the current ASG Constitution, collection and distribution of student activities fees, and collection and distribution of student technology fees.

Procedures, Forms, and Documents 5.A.20 Student Programs

5.P.21 Family Educational Rights and Privacy Act—General Policy

Policy The college complies with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and its implementing regulation (34 C.F.R. § 99). Briefly, the college:

1. Gives students access to their own education records. 2. Allows students to challenge their records on the grounds they are inaccurate, misleading, or

otherwise violate the student's privacy or other rights. 3. Obtains written consent before releasing certain information. 4. Notifies students of these rights.

Procedures, Forms, and Documents 5.A.21 Family Educational Rights and Privacy Act—General Procedure

• Family Educational Rights and Privacy Act

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5.P.23 Family Educational Rights and Privacy Act—Definitions

Policy For the purposes of this policy, the following definitions apply:

1. Student: any individual who attends, or previously attended, the college and for whom the college maintains education records. The Family Educational Rights and Privacy Act continues to cover the education records of students no longer attending the college.

2. Education records: those records, per 20 U.S.C. 1232g(a)(4): A. Directly related to a student. B. Maintained by an educational agency or institution or by a party acting for the agency or

institution. Education records do not include records: A. Kept in the sole possession of the maker, used only as a personal memory aid, and not

accessible or revealed to any other person except a temporary substitute for the maker of the record.

B. Of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.

C. Related to a person employed by an educational agency or institution, that: 1. Are made and maintained in the normal course of business. 2. Relate exclusively to the individual in that individual's capacity as an employee. 3. Are not available for use for any other purpose.

D. Related to a person in attendance at the agency or institution who is employed as a result of their status as a student. Such are education records and not excepted under paragraph (C)(1) of this definition.

E. On a student who is 18 or older, or who attends an institution of postsecondary education, or records that are:

1. Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their professional capacity or assisting in a paraprofessional capacity.

F. Made, maintained, or used only in connection with treatment of the student. G. Disclosed only to people who provide the treatment. For the purpose of this definition,

“treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.

H. Created or received by an educational agency or institution after a person is no longer a student in attendance and that are not directly related to the person’s attendance as a student.

I. Of grades on peer-graded papers before they are collected and recorded by a teacher. (Authority: 20 U.S.C. 1232g(a)(4))

2. Personally identifiable: the following information about students or family members: A. Student information:

1. Name. 2. Address. 3. Telephone numbers. 4. Personal and college-issued email addresses.

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5. Date and place of birth. 6. Education level. 7. Academic major. 8. Degrees, certificates, and awards received. 9. Eligibility for and participation in officially recognized college activities and

organizations. 10. Dates of attendance 11. Educational institution in which the student most recently was enrolled. 12. Full- or part-time status. 13. Grades. 14. Test scores. 15. Medical records. 16. Specific dates and places of classes in which enrolled. 17. Personal identifiers such as social security number or college student identification

numbers. 18. Other personally identifying characteristics which would make the student’s identity

easily traceable. 19. Photograph. 20. Other information that, alone or in combination, is linked or linkable to a specific

student that would allow a reasonable person in the college community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

21. Information requested by a person who the college reasonably believes knows the identity of the student to whom the education record relates.

B. Family information: 1. Names of parents or other family members. 2. Parents or other family members’ addresses.

3. Directory information: includes this student information: A. Student Name. B. Major field of study. C. Degrees or certificates earned. D. Term degree or certificate awarded E. Eligibility for and participation in official activities and organizations. F. Dates of attendance. G. Enrollment status (full- or part-time status). H. Honors awards received.

4. Solomon Amendment information: student information the college gives to military recruiters for recruitment purposes consistent with federal statute. Information includes:

A. Name. B. Address. C. Telephone numbers. D. Date and place of birth. E. Education level. F. Academic major. G. Degrees, certificates, and awards received. H. Educational institution in which the student most recently was enrolled.

5. Written consent: a written authorization for disclosing student educational records that the student (or parent for students under 18 and attending Lake Washington Technical Academy) signs, dates,

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specifies the purpose and records to be disclosed, and specifies to whom disclosure is authorized. (34 C.F.R. 99.30)


5.P.25 Family Educational Rights and Privacy Act—Annual Notification of Rights

Policy The college will notify students of their rights under the Family Educational Rights and Privacy Act of 1974 by publishing them in the college catalog and quarterly class schedule. The college will make available, on request, a copy of the policy that governs release of student records. The college will also post at conspicuous places on campus information about the existence of this policy and of the availability of copies.


5.P.27 Family Educational Rights and Privacy Act—Procedure to Inspect Education Records

Policy 1. Students may inspect and review their education records on request to the appropriate college

official as designated in state statute. 2. Students must submit to the appropriate college official a written request that identifies as precisely

as possible the record or records they want to inspect. 3. The appropriate college official will make the needed arrangements for access as promptly as

possible and notify the student where and when they can inspect the records. The college must give access within 45 days of the request.


5.P.29 Family Educational Rights and Privacy Act—Disclosure of Education Records

Policy 1. The college may, at its discretion, make disclosures from education records of students to these

parties: A. College officials, including college administrative and clerical staff, faculty, and students

officially elected or appointed to the college’s Associated Student Government or employed by the college, including contractors, consultants, volunteers, or other parties to whom the college has outsourced institutional services or functions when those parties perform an institutional service or function for which the college would otherwise use employees, under the direct control of the college, and where such information will not be further disclosed except as provided by the Family Educational Rights and Privacy Act.

B. To officials of another school in which the student seeks or intends to enroll.

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C. To authorized federal, state, or local officials as required by law. D. In connection with financial aid for which the student has applied or received. E. To appropriate parties in a health or safety emergency. F. To accrediting organizations to carry out their functions. G. To parents, as defined in Section 99.3, of a dependent student, as defined in Section 152 of

the Internal Revenue Code of 1986. H. To comply with a judicial order or a lawfully issued subpoena. I. To military recruiters authorized to receive specific information under the Solomon

Amendment. J. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense.

2. The college will not allow access to or the release of education records or personally identifiable information in the records, other than "directory information," without the student’s written consent, to any party other than those listed in section one above.

3. The college may release “directory information” at its discretion and without the student’s consent, unless they elects to stop disclosure. Students who want to stop disclosure must file a written request with the registrar. The request continues in effect according to its terms unless the student revokes it in writing.

4. The college may release “Solomon Amendment” information, as defined in 5.P.23, to military recruiters authorized to get specific information for recruitment purposes. Release of this information applies to students 17 years and older and does not apply to students with previous military experience or to students who filed a request to prevent disclosure of directory information.

5. The college does not release “personally identifiable” information, other than that defined as “releasable”, “directory information”, or “Solomon Amendment” information, except as the student specifically requests (or parents in the case of Lake Washington Technical Academy students under 18).


5.P.31 Family Educational Rights and Privacy Act—Limits on Rights to Review and Inspect and Obtain Copies of Education Records

Policy 1. When a record contains information about more than one student, the student may inspect and

review only the records that relate to them. 2. The college reserves the right to refuse to permit a student to inspect the following records:.

A. The financial statement of the student's parents. B. Letters and statements of recommendation placed in file before January 1, 1975, or for which

the student waived their right of access. C. Records connected with an application to attend the college if the college denied that

application. D. Those records excluded from the FERPA definition of education records and not otherwise

available for inspection under state statute. 3. The college reserves the right to deny transcripts or copies of records not required to be made

available by the Federal Educational Rights and Privacy Act if there is an unresolved disciplinary action against the student.

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5.P.33 Family Educational Rights and Privacy Act—Record of Request and Disclosures

Policy 1. The college will maintain a record of requests for and disclosures of personally identifiable

information in each student’s education records. The college will make the record maintained under this section available for inspection and review as provided in WAC 495D-280-050.

2. The college will maintain the record of requests with the student’s education records as long as it maintains the education records.

3. The record must include the: A. Names of parties who received personally identifiable information. B. Interest the parties had in requesting or obtaining the information. C. Names and interests of additional parties to which the reviewing educational agency or

institution may disclose or re-disclose the information. 4. These parties may inspect the record of requests and disclosures that relate to a student:

A. The student. B. The college officials who are responsible for the custody of the records. C. Persons authorized to audit the college’s record keeping procedures.

5. The college does not have to maintain a record if the request was from, or the disclosure was to: A. The student. B. A school official. C. A party with written consent from the student or a party seeking directory information. D. A school official or an entity that qualifies as an employee of the college (e.g. National

Student Clearinghouse).


5.P.35 Family Educational Rights and Privacy Act—Requests For Corrections, Hearings, Adding Statements to Education Records

Policy Students have the right to request to have records corrected they believe are inaccurate, misleading, or that violate their privacy rights.


5.P.37 Family Educational Rights and Privacy Act—Fees for Copies

Policy

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The college will make copies of student records at the expense of the requesting party at the appropriate cost, as determined by college procedure.


5.P.39 Family Educational Rights and Privacy Act—Waiver

Policy Students may waive any of their rights under this chapter by submitting a written, signed, and dated waiver to Enrollment Services. This waiver must specify the records and persons or institutions covered. A waiver continues in effect according to its terms unless the student revokes it in writing, with a signature and the date.


5.P.41 Family Educational Rights and Privacy Act—Type and Location of Education Records

Policy

Types Location Custodian

Admission, Testing Records Admissions Office Registrar

Cumulative Academic and Registration Records

Registration Office Registrar

Payment of Tuition Records Accounting Office Director of Accounting Services

Student Government Participation Records

Associated Student Government Office

Director of Student Programs

Financial aid Financial Aid Office Director of Financial Aid

Student Employment Records Human Resources Human Resources Officer

Student Conduct Records Student Services Director of Student Development


5.P.43 Family Educational Rights and Privacy Act—Remedy for Students Protected by this Act

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Policy Students may file a written complaint with the U. S. Department of Education regarding an alleged Federal Education Rights and Privacy Act violation. The address is: Family Policy and Compliance Office United States Department of Education 400 Maryland Avenue S.W. Washington, D.C. 20202-4605


5.P.45 Student Conduct Code—Statement of Purpose

Policy 1. The State of Washington operates Lake Washington Institute of Technology to provide programs of

instruction in higher education and related community services. Like any other institution that has its own special purposes, the college must maintain conditions conducive to the effective performance of its functions. Consequently, the college has special expectations regarding the conduct of the participants in the college community.

2. Admission to the college carries the expectation that students will conduct themselves as responsible college community members. This includes an expectation that students will:

1. Obey appropriate laws. 2. Follow college and department rules. 3. Maintain a high standard of integrity and honesty.

3. The college will deal with violations of college rules or conduct that interferes with the operation of college affairs. The college may impose sanctions independently of any action taken by civil or criminal authorities. Provisions of this code are subject to change. The college may report misconduct of students enrolled through the high school programs office to the student’s parents. The college may report misconduct to any parent who claims the student as a dependent or as otherwise provided by the Family Educational Rights and Privacy Act of 1972, as amended.

4. These definitions and policies apply, except in Title IX proceedings. Supplemental policies for Title IX proceedings begin in Policy 5.P.120 (WAC 495D-121-680).


5.P.47 Student Conduct Code—Jurisdiction (WAC 495D-121-320)

Policy 1. The student conduct code shall apply to student conduct that occurs:

a. On college premises. b. At or in connection with college sponsored activities. c. Off-campus when, in the judgment of the college, it adversely affects the college

community or the pursuit of its objectives. 2. Jurisdiction extends to, but is not limited to, locations in which students engage in official

college activities including, but not limited to:

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a. Foreign or domestic travel b. Activities funded by the associated students c. Athletic events d. Training internships e. Cooperative and distance education f. Online education g. Practicums h. Supervised work experiences i. Any other college-sanctioned social or club activities

3. Students are responsible for their conduct from the time of application for admission through the actual receipt of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.

4. These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending. The college has sole discretion, on a case by case basis, to determine whether the student conduct code will be applied to conduct that occurs off-campus.


5.P.49 Student Conduct Code—Definitions (WAC 495D-121-330)

Policy The following definitions apply for purpose of this student conduct code:

1. "Business day" means a weekday, excluding weekends and official college holidays. 2. "College premises" shall include all campuses of the college, wherever located, and includes all

land, buildings, facilities, vehicles, equipment, and other property the college owns, uses, or controls.

3. “Complainant” means an alleged victim of sexual misconduct. 4. "Conduct review officer" means the vice-president of student services or other college

administrator the president designates to have responsibility to receive and review or refer appeals of student disciplinary actions consistent with the procedures of this code. The president can reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as reasonably necessary.

5. "Disciplinary action" means the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.

6. "Disciplinary appeal" means the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. The student conduct committee hears disciplinary appeals for a suspension in excess of ten (10) instructional days or a dismissal. The college will review appeals of all other appealable disciplinary action through brief adjudicative proceedings.

7. "Filing" means the process by which a document is officially delivered to a college official responsible to facilitate a disciplinary review. Unless otherwise provided, filing shall be accomplished by:

a. Hand delivery of the document to the specified college official or college official's assistant; or

b. Sending the document by e-mail or first class mail to the specified college official's office and college e-mail address.

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Papers required for filing are considered filed when the specified college official actually receives the papers during office hours.

7. "President" means the president of the college. The president is authorized to: a. Delegate any of their responsibilities as set forth in this chapter as may be reasonably

necessary; and b. Reassign any and all duties and responsibilities as set forth in this chapter as may be

reasonably necessary. 8. "Respondent" means the student against whom the college initiates disciplinary action. 9. "Service" means the process by which a document is officially delivered to a party. Unless

otherwise provided, service upon a party shall be accomplished by: a. Hand delivery of the document to the party; or b. Sending the document by e-mail or by certified mail or first class mail to the party's last

known address. Service is deemed complete upon hand delivery of the document or upon the date the document is e-mailed and deposited in the mail.

10. “Sexual misconduct” has the meaning ascribed to this term in WAC 495D-121-590(18). 11. "Student" includes all persons who take classes at or through the college, whether on a full-time

or part-time basis, and whether such classes are credit courses, noncredit courses, online courses, or otherwise. People who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who were notified of their acceptance for admission are considered students for purposes of this chapter.

12. “Student conduct committee” means a college committee as described in WAC 495D-121-400. 13. "Student conduct officer" means a college administrator to whom the president or vice-

president of student services designates responsibility to implement and enforce the student conduct code. The president or vice-president can reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as reasonably necessary.

14. “Title IX Coordinator” means a college administrator to whom the president designates responsibility to implement and enforce the guidelines of federal Title IX legislation.


5.P.51 Student Conduct Code—Initiation of Discipline (WAC 495D-121-340)

Policy 1. The student conduct officer initiates all disciplinary actions. If that officer is the subject of a complaint

the respondent initiates, the president will, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities that relate to the complainant.

2. The student conduct officer initiates disciplinary action by personally informing the student of the allegations or serving the respondent with written notice directing them to attend a disciplinary meeting. The notice will briefly describe the:

A. Factual allegations. B. Provision(s) of the conduct code the respondent allegedly violated. C. Range of possible sanctions for the alleged violation(s). D. Time and location of the meeting.

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At the meeting, the student conduct officer will present the allegations to the respondent and the respondent will be afforded an opportunity to explain what took place. If the respondent fails or refuses to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.

3. The student conduct officer, prior to taking disciplinary action in a case involving allegations of sexual misconduct, will make a reasonable effort to contact the complainant to discuss the results of the investigation and possible disciplinary sanctions and/or conditions (if any) that may be imposed upon the respondent if the allegations of sexual misconduct are found to have merit.

4. Within ten (10) calendar days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer will give the respondent a written decision that states:

A. The facts and conclusions that supports the decision. B. The specific student conduct code provisions that were violated. C. The discipline imposed, if any. D. A notice of any appeal rights with an explanation of the consequences of not filing a timely

appeal. 5. The student conduct officer may take any of the following disciplinary actions:

A. Exonerate the respondent and terminate the proceedings. B. Impose a disciplinary sanction(s), as described in (WAC 495D-121-290) C. Refer the matter directly to the student conduct committee for such disciplinary action as the

committee deems appropriate. The student conduct officer will make this referral in writing, to the attention of the student conduct committee’s chair with a copy served on the respondent.

6. In cases involving allegations of sexual misconduct, the student conduct officer, on the same date that a disciplinary decision is served on the respondent, will serve a written notice informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights. If protective sanctions and/or conditions are imposed, the student conduct officer shall make a reasonable effort to contact the complainant to ensure that prompt notice of the protective disciplinary sanctions and/or conditions.


5.P.53 Student Conduct Code—Appeal From Disciplinary Action (WAC 495D-121-350)

Policy 1. The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct

review officer within ten (10) days of service of the student conduct officer’s decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer’s decision shall be deemed final.

2. The notice of appeal must include a brief statement explaining why the respondent is seeking review. 3. The parties to an appeal shall be the respondent and the conduct review officer. 4. A respondent, who timely appeals a disciplinary action or whose case is referred to the student

conduct committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

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5. On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence.

6. Imposition of disciplinary action for violation of the student conduct code shall be stayed pending appeal, unless respondent has been summarily suspended.

7. The student conduct committee shall hear appeals from: A. the imposition of disciplinary suspensions in excess of ten (10) instructional days; B. dismissals; and C. discipline cases referred to the committee by the student conduct officer, the conduct review

officer, or the president. 8. Student conduct appeals from the imposition of the following disciplinary sanctions shall be reviewed

through a brief adjudicative proceeding: A. suspensions of ten instructional days or less; B. disciplinary probation; C. written reprimands; and D. any conditions or terms imposed in conjunction with one of the foregoing disciplinary

actions. 9. Except as provided elsewhere in these rules, disciplinary warnings and dismissals of disciplinary

actions are final action and are not subject to appeal. 10. In cases involving allegations of sexual misconduct, the complainant has the right to appeal the

following actions by the student conduct officer following the same procedures as set forth above for the respondent:

A. the dismissal of a sexual misconduct complaint; or B. any disciplinary sanction(s) and conditions imposed against a respondent for a sexual

misconduct violation, including a disciplinary warning. 11. If the respondent timely appeals a decision imposing discipline for a sexual misconduct violation, the

college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.

12. Except as otherwise specified in this Chapter, a complainant who timely appeals a disciplinary decision or who intervenes as a party to respondent’s appeal of a disciplinary decision shall be afforded the same procedural rights as are afforded the respondent.


5.P.55 Student Conduct Code—Brief Adjudicated Proceedings (BAPs) Authorized (WAC 495D-121-360)

Policy This rule is adopted in accordance with RCW 34.05.482 through 34.05.494. Brief adjudicative proceedings shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the president, or a designee, in regard to:

1. Parking violations. 2. Outstanding debts owed by students or employees. 3. Use of college facilities. 4. Residency determinations. 5. Use of library—Fines. 6. Challenges to contents of education records.

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7. Loss of eligibility for participation in institution sponsored athletic events. 8. Denials of requests for public records. 9. Student conduct appeals involving the following disciplinary actions:

A. suspensions of ten (10) instructional days or less; B. disciplinary probation; C. written reprimands; D. any conditions or terms imposed in conjunction with one of the foregoing disciplinary

actions; and E. appeals by a complainant in student disciplinary proceedings involving allegations of sexual

misconduct in which the student conduct officer: i. dismisses disciplinary proceedings based upon a finding that the allegations of sexual

misconduct have no merit; or ii. issues a verbal warning to respondent.

10. Appeals of decisions regarding mandatory tuition and fee waivers. Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.


5.P.57 Student Conduct Code—Brief Adjudicated Proceedings—Agency Record (WAC 495D-121-370)

Policy The agency record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. These records shall be maintained as the official record of the proceedings.


5.P.59 Student Conduct Code—Brief Adjudicative Proceedings—Initial Hearing (WAC 495D-121- 380)

Policy 1. Brief adjudicative proceedings shall be conducted by a conduct review officer. The conduct review

officer shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

2. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party (a) an opportunity to be informed of the agency's view of the matter and (b) an opportunity to explain the party's view of the matter.

3. The conduct review officer shall serve an initial decision upon both the parties within ten (10) days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no

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request for review is filed within ten (10) days of service of the initial decision, the initial decision shall be deemed the final decision.

4. In cases involving allegations of sexual misconduct, the conduct review officer, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection. The notice will also inform the complainant of their appeal rights.

5. If the conduct review officer upon review determines that the respondent’s conduct may warrant imposition of a disciplinary suspension of more than ten (10) instructional days or dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.


5.P.61 Student Conduct Code—Brief Adjudicative Proceedings—Review of an Initial Decision (WAC 495D-121-390)

Policy 1. An initial decision is subject to review by the president, provided a party files a written request for

review with the conduct review officer within ten (10) days of service of the initial decision. 2. The president shall not participate in any case in which they are a complainant or witness, or in which

they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

3. During the review, the president shall give all parties an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to ascertain whether the sanctions should be modified or whether the proceedings should be referred to the student conduct committee for a formal adjudicative hearing.

4. The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within twenty (20) days of the initial decision or of the request for review, whichever is later. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the president does not make a disposition of the matter within twenty (20) days after the request is submitted.

5. If the president upon review determines that the respondent’s conduct may warrant imposition of a disciplinary suspension of more than ten (10) instructional days or dismissal, the matter shall be referred to the student conduct committee for a disciplinary hearing.

6. In cases involving allegations of sexual misconduct, the president, on the same date as the final decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights.


5.P.63 Student Conduct Code—Student Conduct Committee (WAC 495D-121-400)

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Policy 1. The student conduct committee shall consist of five members:

A. Two full-time students appointed by the student government; B. Two faculty members appointed by the president; C. One administrative staff member (other than an administrator serving as a student conduct

or conduct review officer) appointed by the president at the beginning of the academic year. 2. The administrative staff member shall serve as the chair of the committee and may take action on

preliminary hearing matters prior to convening the committee. The chair shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

3. Hearings may be heard by a quorum of three members of the committee so long as one faculty member and one student are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.

4. Members of the student conduct committee shall not participate in any case in which they are a party, complainant, or witness, in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity. Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).

Procedures, Forms, and Documents • RCW 34.05.425(4)

5.P.65 Student Conduct Code—Appeal—Student Conduct Committee (WAC 495D-121-410)

Policy 1. Proceedings of the student conduct committee shall be governed by the Administrative Procedures

Act, Chapter 34.05 RCW. 2. The student conduct committee chair shall serve all parties with written notice of the hearing not less

than seven (7) days in advance of the hearing date. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause shown.

3. The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decisions concerning the extent and form of any discovery, issuance of protective decisions, and similar procedural matters.

4. Upon request filed at least five (5) days before the hearing by any party or at the direction of the committee chair, the parties shall exchange, no later than the third (3rd) day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present to the committee. Failure to participate in good faith in such a requested exchange may be cause for exclusion from the hearing of any witness or exhibit not disclosed, absent a showing of good cause for such failure.

5. The committee chair may provide to the committee members in advance of the hearing copies of (a) the student conduct officer’s notification of imposition of discipline (or referral to the committee) and (b) the notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

6. The parties may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the committee chair may provide copies of these admissible exhibits to the committee members before the hearing.

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7. The student conduct officer, upon request, shall provide reasonable assistance to the respondent and complainant in obtaining relevant and admissible evidence that is within the college's control.

8. Communications between committee members and other hearing participants regarding any issue in the proceeding, other than procedural communications that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

9. In cases heard by the committee, each party may be accompanied at the hearing by a non-attorney assistant of their choice. The respondent in all appeals before the committee, or a complainant in an appeal involving allegations of sexual misconduct before the committee, may elect to be represented by an attorney at their own cost, but will be deemed to have waived that right unless, at least four (4) business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer. The committee will ordinarily be advised by an assistant attorney general. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.

Procedures, Forms, and Documents o 34.05 RCW o 10-08 WAC

5.P.67 Student Conduct Code—Student Conduct Appeals Committee Hearings—Presentation of Evidence (WAC 495D-121-420)

Policy 1. Upon the failure of any party to attend or participate in a hearing, the student conduct committee

may either A. proceed with the hearing and issuance of its decision or B. serve a decision of default in accordance with RCW 34.05.440.

2. The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.

3. The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190.

4. The chair shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the committee.

5. The student conduct officer (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.

6. All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452.

7. In cases involving allegations of sexual misconduct, no party shall directly question or cross examine one another. Attorneys for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross-examination

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questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party’s behalf.


5.P.69 Student Conduct Code—Student Conduct Committee—Initial Decision (WAC 495D-121- 430)

Policy 1. At the conclusion of the hearing, the student conduct committee shall permit the parties to make

closing arguments in whatever form it wishes to receive them. The committee also may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.

2. Within twenty (20) days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461and WAC 10-08-210. The initial decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

3. The committee's initial order shall also include a determination on appropriate discipline, if any. If the matter was referred to the committee by the student conduct officer, the committee shall identify and impose disciplinary sanction(s) or conditions (if any) as authorized in the student code. If the matter is an appeal by a party, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

4. The committee chair shall cause copies of the initial decision to be served on the parties and their legal counsel of record. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

5. In cases involving allegations of sexual misconduct, the chair of the student conduct committee, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including suspension or dismissal of the respondent. Complainant may appeal the student conduct committee’s initial decision to the president subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of their appeal rights.


5.P.71 Student Conduct Code—Appeal from Student Conduct Committee Initial Decision (WAC 495D-121-440)

Policy

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1. A respondent who is aggrieved by the findings or conclusions issued by the student conduct committee may appeal the committee’s initial decision to the president by filing a notice of appeal with the president’s office within ten (10) days of service of the committee's initial decision. Failure to file a timely appeal constitutes a waiver of the right and the initial decision shall be deemed final.

2. The notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain argument why the appeal should be granted. The president’s review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of those issues and arguments raised in the notice of appeal.

3. The president shall provide a written decision to all parties within twenty (20) days after receipt of the notice of appeal. The president's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.

4. In cases involving allegations of sexual misconduct, the president, on the same date that the final decision is served upon the respondent, shall serve a written notice informing the complainant of the final decision. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant’s protection, including suspension or dismissal of the respondent.

5. The president shall not engage in an ex parte communication with any of the parties regarding an appeal.


5.P.73 Student Conduct Code—Summary Suspension (WAC 495D-121-450)

Policy 1. Summary suspension is a temporary exclusion from specified college premises or denial of access to

all activities or privileges for which a respondent might otherwise be eligible, while an investigation and/or formal disciplinary procedures are pending.

2. The student conduct officer may impose a summary suspension if there is probable cause to believe that the respondent:

A. Has violated any provision of the code of conduct; and B. Presents an immediate danger to the health, safety or welfare of members of the college

community; or C. Poses an ongoing threat of substantial disruption of, or interference with, the operations of

the college. 3. Notice. Any respondent who has been summarily suspended shall be served with oral or written

notice of the summary suspension. If oral notice is given, a written notification shall be served on the respondent within two (2) business days of the oral notice.

4. The written notification shall be entitled “Notice of Summary Suspension” and shall include: A. The reasons for imposing the summary suspension, including a description of the conduct

giving rise to the summary suspension and reference to the provisions of the student conduct code or the law allegedly violated;

B. The date, time, and location when the respondent must appear before the conduct review officer for a hearing on the summary suspension; and

C. The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been

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trespassed from the campus, a notice against trespass shall be included that warns the student that their privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

5. Hearing procedures: A. The conduct review officer shall conduct a hearing on the summary suspension as soon as

practicable after imposition of the summary suspension. B. During the summary suspension hearing, the issue before the conduct review officer is

whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope.

C. The respondent shall be afforded an opportunity to explain why summary suspension should not be continued while disciplinary proceedings are pending or why the summary suspension should be less restrictive in scope.

D. If the student fails to appear at the designated hearing time, the conduct review officer may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings.

E. As soon as practicable following the hearing, the conduct review officer shall issue a written decision which shall include a brief explanation for any decision continuing and/or modifying the summary suspension and notice of any right to appeal.

F. To the extent permissible under applicable law, the conduct review officer shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

6. In cases involving allegations of sexual misconduct, the complainant shall be notified that a summary suspension has been imposed on the same day that the summary suspension notice is served on the respondent. The college will also provide the complainant with timely notice of any subsequent changes to the summary suspension order.


5.P.75 Student Conduct Code—Discipline Procedures for Cases Involving Allegations of Sexual Misconduct—Supplemental Sexual Misconduct Procedures (WAC 495D-121-460)

Policy Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision.


5.P.83 Student Conduct Code—Free Movement on Campus (WAC 495D-121-500)

Policy

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The president or designee is authorized in the instance of any event that they deems impedes the movement of persons or vehicles or which they deems to disrupt the ingress or egress of persons from the college facilities, to prohibit the entry of, or withdraw the license of, or privileges of a person or persons or any group of persons to enter onto or remain upon any portion of the college facility. The president may act through the vice president of administrative services or any other person they may designate.


5.P.85 Student Conduct Code—Right to Demand Identification (WAC 495D-121-510)

Policy To determine if probable cause exists to apply any section of this code to any behavior by any person on a college facility, any college employee or other authorized personnel may demand that anyone on college facilities produce identification and/or evidence of student enrollment at the college by any of the following:

1. Student identification card. 2. Registration schedule. 3. Receipt for payment of fees for a current course.


5.P.87 Student Conduct Code—Civil Disturbances (WAC 495D-121-520)

Policy In accordance with provisions contained in RCW 28B.10.571 and RCW 28B.10.572:

1. It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty, staff member, or student of the college who is in the peaceful discharge or conduct of their duties or studies.

2. It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty, staff member or student of the college who is in the peaceful discharge of their duties or studies.

3. The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any administrator, faculty, or staff member who is engaged in the reasonable exercise of their disciplinary authority.

4. Any person or persons who violate the provisions of subparagraphs 1. and 2. above will be subject to disciplinary action and referred to the authorities for prosecution.

Procedures, Forms, and Documents o RCW 28B.10.571 o RCW 28B.10.572

5.P.89 Student Conduct Code—Authority to Prohibit Trespass (WAC 495D-121-530)

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Policy 1. Individuals who are not students or members of the faculty or staff and who violate Lake Washington

Institute of Technology’s rules, or whose conduct threatens the safety or security of its students, staff, or faculty will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the campus president, or their designee, to leave the college property. Such a request will be deemed to prohibit the entry of, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW.

2. Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accord with established college policies.

3. When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice-president of administrative services or designee within ten (10) days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice-president of administrative services or designee will be the final decision of the college and should be issued within five (5) business days.


5.P.91 Student Conduct Code—Academic Dishonesty/and Classroom/Lab/Clinic Conduct (WAC 495D-121-540)

Policy 1. Honest assessment of student performance is of crucial importance to all members of the academic

community. The college views acts of dishonesty as serious breaches of honor and will deal with them using the following:

A. College administration and faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty.

B. Any student who, for the purpose of fulfilling any assignment or task required by a faculty member as part of the student's program of instruction, shall knowingly tender any work product that the student fraudulently represents to the faculty member as the student's work product, shall be deemed to have committed an act of academic dishonesty. Acts of academic dishonesty are cause for disciplinary action.

C. Any student who aids or abets an act of academic dishonesty, as described in B of this subsection, may be subject to disciplinary action.

D. Faculty may adjust the student's grade on a particular project, paper, test, or class for academic dishonesty. This section shall not be construed as preventing a faculty from taking immediate disciplinary action when they must act upon such breach of academic dishonesty to preserve order and prevent disruptive conduct in the classroom.

2. Instructors have the authority to take whatever summary actions necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the course objectives.

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A. Any student who, by any act of misconduct, substantially disrupts a class by engaging in conduct that renders it difficult or impossible to maintain the decorum of the faculty's class is subject to disciplinary action.

B. The faculty of each course, or the managing authority of distance learning courses, can take steps as necessary to preserve order and to maintain the effective cooperation of the class in fulfilling the course objectives, given that a student shall have the right to appeal the disciplinary action to the faculty’s supervisor.


5.P.93 Student Conduct Code—Hazing Prohibited (WAC 495D-121-550)

Policy 1. The college strictly bans hazing. 2. Hazing: any method of initiation into a student organization or living group or any pastime or

amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person who attends any institution of higher education or post-secondary institution.

3. Penalties. A. Any student organization, association or club that knowingly permits hazing is:

i. Liable for harm caused to people or property that result from hazing. ii. Denied recognition by the college as an official organization, association, or club on

campus. If the organization, association, or club is a corporation (for profit or non-profit), the college may hold individual directors of the corporation individually liable for damages.

B. A person who takes part in hazing another gives up any entitlement to state-funded grants, scholarships, or awards for a period of one year.

C. Forfeiture of state-funded grants, scholarships, or awards may include permanent forfeiture, based upon the seriousness of the violations.

D. The student conduct code may apply to hazing violations. E. Hazing violations are also misdemeanors punishable under state criminal law according to

RCW 9A.20.021. 4. Sanctions for Impermissible Conduct not amounting to Hazing.

A. Impermissible conduct associated with initiation into a student organization or club or any pastime or amusement engaged in, with respect to the organization or club, will not be tolerated.

B. Impermissible conduct, which does not amount to hazing, may include conduct that causes embarrassment, sleep deprivation or personal humiliation, or may include ridicule or unprotected speech amounting to verbal abuse.

C. Impermissible conduct not amounting to hazing is subject to any sanctions available under the student conduct code, depending upon the seriousness of the violation.

Procedures, Forms, and Documents • RCW 9A.20.021

5.P.95 Student Conduct Code – Authority (WAC 495D-121-570)

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https://app.leg.wa.gov/rcw/default.aspx?cite=9a.20.021

Policy The board of trustees, acting pursuant to RCW 28B.50.140(13), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice-president of student services or designee. The student conduct officer shall serve as the principal investigator and administrator for alleged violations of this code.

Procedures, Forms, and Documents • RCW 28B.50.140(14)

5.P.97 Student Conduct Code – Statement of Student Rights (WAC 495D-121-580)

Policy As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community. The following enumerated rights are guaranteed to each student within the limitations of statutory law and college policy which are deemed necessary to achieve the educational goals of the college:

1. Academic freedom. A. Students are guaranteed the rights of free inquiry, expression, and assembly upon and within

college facilities that are generally open and available to the public. B. Students are free to pursue appropriate educational objectives from among the college's

curricula, programs, and services, subject to the limitations of RCW 50.090 (3)(b). C. Students shall be protected from academic evaluation which is arbitrary, prejudiced, or

capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

D. Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.

2. Due process. A. The rights of students to be secure in their persons, quarters, papers, and effects against

unreasonable searches and seizures is guaranteed. B. No disciplinary sanction may be imposed on any student without notice to the accused of the

nature of the charges. C. A student accused of violating this code of student conduct is entitled, upon request, to

procedural due process as set forth in this chapter.

Procedures, Forms, and Documents • RCW 50.090 (3)(b)

5.P.99 Student Conduct Code – Prohibited Student Conduct (WAC 495D-121-590)

Policy

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The college may impose disciplinary sanctions against a student who commits, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of misconduct, which include, but are not limited to the following:

1. Academic Dishonesty: Any act of academic dishonesty, including but not limited to cheating, plagiarism, and fabrication.

A. Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.

B. Plagiarism includes taking and using as one’s own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

C. Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an assignment.

D. Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus. Further academic consequences may follow consistent with the provisions in any program handbook. Incidents of academic dishonesty may also be referred to the Student Conduct Officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

2. Other Dishonesty: Any other acts of dishonesty. Such acts include, but are not limited to: A. Forgery, alteration, submission of falsified documents or misuse of any college document,

record, or instrument of identification; B. Tampering with an election conducted by or for college students; or C. Furnishing false information, or failing to furnish correct information, in response to the

request or requirement of a college officer or employee. 3. Obstructive or Disruptive Conduct: Conduct, not otherwise protected by law, that interferes with,

impedes, or otherwise unreasonably hinders: A. Any instruction, research, administration, disciplinary proceeding, or other college activity; B. The free flow of pedestrian or vehicular movement on college property or at a college

activity; C. Any student’s ability to profit from the instructional program; or D. Any activity that is authorized to occur on college property, whether or not actually

conducted or sponsored by the college. 4. Assault, Intimidation, and/or Harassment: Unwanted touching, physical abuse, verbal abuse,

threat(s), intimidation, harassment, bullying, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person’s property. For purposes of this code, “bullying” is defined as repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates the victim.

5. Imminent Danger: Where the student presents an imminent danger to college property, or to themselves, or other students or persons in college facilities on or off campus, or to the education processes of the college.

6. Cyber Misconduct: Cyber-stalking, cyber-bullying or online harassment. Use of electronic communications, including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another

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person. Prohibited activities include, but are not limited to, unauthorized monitoring of another’s email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another’s email identity, non-consensual recording of sexual activity, and non-consensual distribution of a recording of sexual activity.

7. Property Violation: Damage to, misappropriation of, unauthorized use or possession of, vandalism, or other non-accidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.

8. Noncompliance: Failure to comply with: A. The direction of a college officer or employee who is acting in the legitimate performance of

their duties, including failure to properly identify oneself to such a person when requested to do so;

B. A college rule or policy as set forth in the Lake Washington Institute of Technology Policies and Procedures Manual which may be found in the library or online.

9. Weapons: Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, martial arts weapons, explosive device, dangerous chemicals, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus, subject to the following exceptions:

A. Commissioned law enforcement personnel or legally- authorized military personnel while in performance of their duties; or

B. A student with a valid concealed weapons permit may store a firearm in their vehicle parked on campus in accordance with RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view; or

C. The president or designee may authorize possession of a weapon on campus upon a showing that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in advance to bringing weapons to the college, in writing, and shall be subject to such terms or conditions incorporated therein.

10. Hazing: Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.

11. Tobacco, Electronic Cigarettes, and Related Products: The use of tobacco, electronic cigarettes, and related products in any building owned, leased, or operated by the college or in any location where such use is prohibited, including twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased or operated by the college. “Related products” include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff.

12. Alcohol: Being observably under the influence of any alcoholic beverage, or otherwise using, possessing, selling, or delivering any alcoholic beverage, except as permitted by law and authorized by the college president.

13. Marijuana: The use, possession, delivery, sale, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

14. Drugs: The use, possession, delivery, sale, or being observably under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in RCW 69.41, or any other controlled substance under RCW 69.50, except as prescribed for a student’s use by a

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licensed practitioner. Being observably under the influence of any lawfully prescribed drug when enrolled in classes that require operation of heavy equipment or other dangerous equipment.

15. Disorderly Conduct: Conduct which is disorderly, lewd, obscene, or a breach of peace on college premises or at college sponsored activities that is not otherwise protected under the law.

16. Discriminatory Conduct: Conduct which harms or adversely affects any member of the college community because of her/his race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age ; religion; creed; sexual orientation; gender identity; veteran’s status; or any other legally protected classification.

17. Sexual Misconduct. The term “sexual misconduct” includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the Supplemental Procedures to this Code. See WAC 495D-121-680 (Supplemental Title IX Student Conduct Procedures).

A. Sexual Harassment. The term “sexual harassment” means unwelcome sexual or gender based conduct, including unwelcome sexual advances, requests for sexual favors, quid pro quo harassment, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently severe, persistent, or pervasive as to:

1. deny or limit the ability of a student to participate in or benefit from the college’s educational program;

2. alter the terms or conditions of employment for a college employee(s); and/or 3. create an intimidating, hostile, or offensive environment for other campus

community members. B. Sexual Intimidation. The term “sexual intimidation” incorporates the definition of

“sexual harassment” and means threatening or emotionally distressing conduct based on sex, including, but not limited to, nonconsensual recording of sexual activity or the distribution of such recording.

C. Sexual Violence. “Sexual Violence” is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

D. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

E. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

F. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18).

G. Statutory Rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).

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H. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.

I. Dating violence, Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person

1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and

2. where the existence of such a relationship shall be determined based on a consideration of the following factors:

i. The length of the relationship; ii. The type of relationship; and

iii. The frequency of interaction between the persons involved in the relationship

J. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. fear for their safety or the safety of others; or 2. suffer substantial emotional distress.

K. For purposes of this code, “consent” means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct

18. Harassment: Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person’s protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college’s educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person’s race; color; national origin; sensory, mental, or physical disability; age; religion; creed; genetic information; sexual orientation; gender identity; veteran’s status; or any other legally protected classification. See “Sexual Misconduct” for the definition of “sexual harassment.” Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media and electronic communications.

19. Retaliation: Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of this code or college policy, provided

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information about an alleged violation, or participated as a witness or in any other capacity in a college investigation or disciplinary proceeding.

20. Misuse of Information Resources: Theft or other misuse of computer time or other electronic information resources of the college. Such misuse includes but is not limited to:

A. Unauthorized use of such resources or opening of a file, message, or other item. B. Unauthorized duplication, transfer, or distribution of a computer program, file, message, or

other item. C. Unauthorized use or distribution of someone else's password or other identification. D. Use of such time or resources to interfere with someone else's work. E. Use of such time or resources to send, display, or print an obscene or abusive message, text,

or image. F. Use of such time or resources to interfere with normal operation of the college's computing

system or other electronic information resources. G. Use of such time or resources in violation of applicable copyright or other law. H. Adding to or otherwise altering the infrastructure of the college's electronic information

resources without authorization. I. Failure to comply with the college's acceptable use policy.

21. Breach of Campus Safety: Safety violation includes any non-accidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community. Breaching campus safety or security, includes but is not limited to:

A. Unauthorized access to college facilities; intentionally damaging door locks; unauthorized possession of college keys or access cards; duplicating college keys or access cards; propping open of exterior doors; or unauthorized entry onto or into college property.

B. Tampering with fire safety equipment such as fire extinguishers, smoke detectors, alarm pull stations or emergency exits or triggering false alarms or other emergency response systems.

C. Placement of equipment or vehicles including bicycles so as to obstruct the means of access to/from college buildings.

D. Entering or remaining in any closed college facility or entering after the closing time of the college facility without permission of a college official.

E. Operation of any motor vehicle on college property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person.

22. Abuse of Procedures: Abuse or misuse of any of the procedures relating to student complaints or misconduct, including but not limited to:

A. Failure to obey a subpoena. B. Falsification or misrepresentation of information. C. Disruption, or interference with the orderly conduct of a proceeding. D. Interfering with someone else's proper participation in a proceeding. E. Destroying or altering potential evidence, or attempting to intimidate or otherwise

improperly pressure a witness or potential witness. F. Attempting to influence the impartiality of, or harassing or intimidating, a student conduct

committee member. G. Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.

23. Violation of Other Laws of Policies: Violation of any federal, state, or local law, rule, or regulation or other college rules or policies, including college traffic and parking rules.

24. Ethical Violation: The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal or major.

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In addition to initiating discipline proceedings for violation of the student conduct code, the college may refer any violations of federal, state or local laws to civil and criminal authorities for disposition. The college reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.


5.P.101 Student Conduct Code—Student Conduct Code – Disciplinary Sanctions (WAC 495D-121-600)

Policy 1. The following primary disciplinary sanctions may be imposed upon students found to have violated

the student conduct code. A. Disciplinary Warning: A verbal statement to a student that there is a violation and that

continued violation may be cause for further disciplinary action. B. Written Reprimand: Notice in writing that the student has violated one or more terms of

this code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action.

C. Disciplinary Probation: Formal action placing specific conditions and restrictions upon the student's continued attendance depending upon the seriousness of the violation and which may include a deferred disciplinary sanction. If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction, which may include, but is not limited to, a suspension or a dismissal from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time or may be for the duration of the student's attendance at the college.

D. Disciplinary Suspension: Dismissal from the college and from the student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission.

E. Dismissal: The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which the action is taken.

2. Disciplinary terms and conditions that may be imposed in conjunction with the imposition of a disciplinary sanction include, but are not limited to, the following:

A. Restitution: Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of monetary reimbursement, appropriate service, or other compensation.

B. Professional Evaluation: Referral for drug, alcohol, psychological, or medical evaluation by an appropriately certified or licensed professional may be required. The student may

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https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.050

choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student’s return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation including but not limited to drug and alcohol education, anger management coursework, or ongoing treatment. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

C. Not in Good Standing: A student may be deemed “not in good standing” with the college. If so the student shall be subject to the following restrictions:

1. Ineligible to hold an office in any student organization recognized by the college or to hold any elected or appointed office of the college.

2. Ineligible to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation

D. No Contact Orders and Other Summary Relief: The college may require a student to refrain from any form of contact with another student or college employee. Other forms or relief include, but are not limited to: switching to alternate sections of individual classes or programs, delaying admission to an instructional program, assigned seating during a class, or behavioral contracts.

3. No order of severity is established for secondary sanctions: A. Community/College Service: A student may be offered an opportunity to complete a

specified number of hours of Community/College Service in lieu of other sanctions. The type of Community/College Service must be approved by the hearing officer.

B. Educational Requirements: A provision to complete a specific educational requirement directly related to the violation committed. The provision will be clearly defined. Such educational requirements may include, but are not limited to, completion of an alcohol education workshop, a diversity awareness workshop, an anger management class, essays, or reports.

C. Restrictions: The withdrawal of specified privileges for a definite period of time, but without the additional stipulations contained in the imposition of conduct probation. The restrictions involved will be clearly defined.

D. Loss of Parking Privileges on Campus: Revocation of parking privileges.


5.P.103 Student Conduct Code—Loss of Eligibility, Student Activity Participation (WAC 495D-121-610)

Policy Any student found to have violated Chapter 69.50 RCW, the Uniform Controlled Substances Act, or Chapter 69.41 RCW, legend drugs, by virtue of a criminal conviction or by final decision of the college

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president or designee shall, in lieu of or in addition to any other disciplinary action which may be imposed, be disqualified from participation in any school-sponsored student events or activities.

Procedures, Forms, and Documents o 69.50 RCW o 69.41 RCW

5.P.105 Student Conduct Code—Refunds and Access (WAC 495D-121-620)

Policy 1. The college’s refund policy covers refund of fees for the quarter in which disciplinary action occurs. 2. The college may deny a student access to all or any part of the campus or other facility if they was

suspended on the basis of conduct, which disrupted the orderly operation of the campus or any facility of the district, may be denied.


5.P.107 Student Conduct Code—Readmission after Dismissal or Suspension (WAC 495D-121-630)

Policy The college will normally readmit any student suspended from the college for academic or disciplinary reasons on a space available basis in the students’ program of study, when the suspension ends. The college may readmit a student after receiving approval of a written petition submitted to the vice president, or other designated administrator, who imposed such suspension if:

1. A student who was suspended believes that circumstances merit reconsideration of the suspension before it ends.

2. The student was suspended with conditions imposed for readmission. This petition must state reasons that support a reconsideration of the matter. The vice president’s or designee’s decision, after reviewing the petition, is final.


5.P.109 Student Conduct Code—Reestablishment of Academic Standing (WAC 495D-121-640)

Policy Students who were dismissed or suspended consistent with disciplinary procedures set forth in WAC 495D-121-340 and WAC 495D-121-600 and whose dismissal, or suspension upon appeal is found unwarranted will have the opportunity to reestablish their academic and student standing to the extent possible within the college’s abilities, including an opportunity to retake exams or otherwise complete course offerings missed because of such action.


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https://app.leg.wa.gov/rcw/default.aspx?cite=69.50


5.P.111 Student Conduct Code—Campus Speakers (WAC 495D-121-650)

Policy 1. Student organizations officially recognized by the college may invite speakers to the campus to

address their own membership and other interested students and faculty if: A. Suitable space is available. B. It does not interfere with the college’s regularly scheduled programs.

Although allowed by the college, having such speakers on the campus does not imply the college’s approval or disapproval of them or their viewpoints. For speakers who are candidates for political office, the college will make equal opportunities available to opposing candidates if they desire.

2. To ensure an atmosphere of open exchange and to not obscure the college’s educational objectives, the president or designee, in a case with strong emotional feeling, may set conditions for conducting the meeting, such as requiring:

A. A designated member of the college community as chair, or B. Permission for comments and questions from the floor.

The president or designee may encourage the appearance of one or more additional speakers at any meeting or at following meetings so people can express other points of view. The president may designate representatives to recommend conditions such as time, manner, and place for conducting particular meetings.


5.P.113 Student Conduct Code—Distribution of Information (WAC 495D-121-660)

Policy 1. Students and members of recognized student organizations, or college employees, may sell or

distribute handbills, leaflets, newspapers, and similar materials free of charge on or in college facilities at locations specifically designated by the appropriate administrator, as long as the distribution or sale:

A. Does not interfere with people’s the ingress or egress; B. Does not impede the free flow of vehicular or pedestrian traffic; C. Is not obscene; or D. Does not incite imminent violence.

2. All non-students must contact the director of student programs or designee and get directions on where, when, and the manner of distribution before distributing any handbill, leaflet, newspaper, or related matter. This ensures that such distribution or sale does not interfere with the free flow of vehicular or pedestrian traffic.

3. Anyone who violates provisions of subsections one and two of this section is subject to disciplinary action. Anyone who violates provisions of subsection two is subject to removal from the college campus.


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No applicable procedures, forms, and documents available.

5.P.115 Student Conduct Code—Commercial Activities (WAC 495D-121-670)

Policy 1. No one can use college facilities for commercial solicitation, advertising, or promotional activities

except when these activities: a. Clearly serve educational objectives including, but not limited to, display of books of

interest to the academic community or the display or demonstration of technical or research equipment.

b. Are conducted under the sponsorship or at the request of the college or official college organizations if the solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic.

2. Students cannot use college facilities, equipment, and supplies for personal commercial gain. 3. For the purpose of this regulation, the term "commercial activities" does not include handbills,

leaflets, newspapers, and similarly related materials as regulated in WAC 495D-121-660.


5.P.120 Student Conduct Code—Supplemental Title IX Procedures – Order of Precedence (WAC 495D-121-680)

Policy This supplemental procedure applies to allegations of Sexual Harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. To the extent these supplemental hearing procedures conflict with Lake Washington Institute of Technology’s standard disciplinary procedures, WAC 495D-121-320 through -670, these supplemental procedures shall take precedence.


Policy Pursuant to RCW 28B.50.140(13) and Title IX of the Education Act Amendments of 1972, 20 U.S.C. §1681, Lake Washington Institute of Technology may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of “sexual harassment.” For purposes of this supplemental procedure, “sexual harassment” encompasses the following conduct:

1. Quid Pro Quo Harassment. A Lake Washington Institute of Technology employee conditioning the provision of an aid, benefit, or service of Lake Washington Institute of Technology on an individual’s participation in unwelcome sexual conduct.

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2. Hostile Environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Lake Washington Institute of Technology’s educational programs or activities, or employment.

3. Sexual Assault. Sexual assault includes the following conduct: a. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal,

oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

b. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

c. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).

d. Statutory Rape. Consensual sexual intercourse between someone who is eighteen (18) years of age or older and someone who is under the age of sixteen (16).

4. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.

5. Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:

a. The length of the relationship; b. The type of relationship; and c. The frequency of interaction between the persons involved in the relationship.

6. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.


Policy 1. This supplemental procedure applies only if the alleged misconduct:

a. Occurred in the United States; b. Occurred during a Lake Washington Institute of Technology educational program or

activity; and

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c. Meets the definition of Sexual Harassment as that term is defined in this supplemental procedure.

2. For purposes of this supplemental procedure, an “educational program or activity” is defined as locations, events, or circumstances over which Lake Washington Institute of Technology exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by Lake Washington Institute of Technology.

3. Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of Section 1(a)-(c) have not been met. Dismissal under this supplemental procedure does not prohibit Lake Washington Institute of Technology from pursuing other disciplinary action based on allegations that the Respondent violated other provisions of Lake Washington Institute of Technology’s student conduct code, WAC 495D-121-320 through -670.

4. If the Student Conduct Officer determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Student Conduct Officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

5.P.126 Student Conduct Code—Supplemental Title IX Procedures – Initiation of Discipline (WAC 495D-121-710)

Policy 1. Upon receiving the Title IX investigation report from the Title IX Coordinator, the Student

Conduct Officer will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the Respondent for engaging in prohibited conduct under Title IX.

2. If the Student Conduct Officer determines that there are sufficient grounds to proceed under these supplement procedures, the Student Conduct Officer will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with either the Chair of the Student Conduct Committee or the college’s appointed Title IX Hearing Officer and serving the notice on the Respondent and the Complainant, and their respective advisors. The notice must:

a. Set forth the basis for Title IX jurisdiction; b. Identify the alleged Title IX violation(s); c. Set forth the facts underlying the allegation(s); d. Identify the range of possible sanctions that may be imposed if the Respondent is found

responsible for the alleged violation(s); e. Explain that the parties are entitled to be accompanied by their chosen advisors during

the hearing and that: i. The advisors will be responsible for questioning all witnesses on the party’s

behalf; ii. An advisor may be an attorney; and

iii. Lake Washington Institute of Technology will appoint the party an advisor of Lake Washington Institute of Technology’s choosing at no cost to the party, if the party fails to do so; and

3. Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.

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5.P.128 Student Conduct Code—Supplemental Title IX Procedures – Pre-Hearing Procedure (WAC 495D-121-720)

Policy

1. Upon receiving the disciplinary notice, the Chair of the Student Conduct Committee or the college’s appointed Title IX Hearing Officer will send a hearing notice to all parties, in compliance with WAC 495D-121-410. In no event will the hearing date be set less than ten (10) days after the Title IX Coordinator provided the Final Investigation Report to the parties.

2. A party may choose to have an attorney serve as their advisor at the party’s own expense. This right will be waived unless, at least five (5) days before the hearing, the attorney files a notice of appearance with the committee chair with copies to all parties and the student conduct officer.

3. In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether Lake Washington Institute of Technology intends to offer the evidence at the hearing.

5.P.130 Student Conduct Code—Supplemental Title IX Procedures – Rights of Parties (WAC 495D-121-730)

Policy

1. Lake Washington Institute of Technology’s Student Conduct Procedures, WAC 495D-121-320 through -670, and this supplemental procedure shall apply equally to all parties.

2. The Lake Washington Institute of Technology bears the burden of offering and presenting sufficient testimony and evidence to establish that the Respondent is responsible for a Title IX violation by a preponderance of the evidence.

3. The Respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

4. During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney. If a party does not choose an advisor, then the Title IX Coordinator will appoint an advisor of Lake Washington Institute of Technology’s choosing on the party’s behalf at no expense to the party.

5.P.132 Student Conduct Code—Supplemental Title IX Procedures – Evidence (WAC 495D-121-740)

Policy The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

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1. Relevance: The Committee Chair or the college’s appointed Title IX Hearing Officer shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

2. Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

3. Questions or evidence about a Complainant’s sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

a. Is asked or offered to prove someone other than the Respondent committed the alleged misconduct; or

b. Concerns specific incidents of prior sexual behavior between the Complainant and the Respondent, which are asked or offered on the issue of consent.

4. Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the Committee or the college’s appointed Title IX Hearing Officer must not rely on any statement by that party or witness in reaching a determination of responsibility.

5. No negative inference: The Committee or the college’s appointed Title IX Hearing Officer may not make an inference regarding responsibility solely on a witness’s or party’s absence from the hearing or refusal to answer questions.

6. Privileged evidence: The Committee or the college’s appointed Title IX Hearing Officer shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

a. Spousal/domestic partner privilege; b. Attorney-Client and attorney work product privileges; c. Privileges applicable to members of the clergy and priests; d. Privileges applicable to medical providers, mental health therapists, and counsellors; e. Privileges applicable to sexual assault and domestic violence advocates; and f. Other legal privileges identified in RCW 5.60.060.


Policy In addition to complying with WAC 495D-121-430, the Student Conduct Committee or the college’s appointed Title IX Hearing Officer will be responsible for conferring and drafting an Initial Order that:

1. Identifies the allegations of sexual harassment; 2. Describes the grievance and disciplinary procedures, starting with filing of the formal complaint

through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

3. Makes findings of fact supporting the determination of responsibility; 4. Reaches conclusions as to whether the facts establish whether the Respondent is responsible for

engaging in Sexual Harassment in violation of Title IX; 5. Contains a statement of, and rationale for, the Committee’s or the college’s appointed Title IX

Hearing Officer’s determination of responsibility for each allegation; 6. Describes any disciplinary sanction or conditions imposed against the Respondent, if any;

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7. Describes to what extent, if any, Complainant is entitled to remedies designed to restore or preserve Complainant’s equal access to Lake Washington Institute of Technology’s education programs or activities; and

8. Describes the process for appealing the Initial Order to the Lake Washington Institute of Technology President.

9. The Committee Chair or the college’s appointed Title IX Hearing Officer will serve the Initial Order on the Parties simultaneously.


Policy

1. The Parties shall have the right to appeal from the Initial Order’s determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the same procedures and timeframes set forth in WAC 495D-121-440.

2. The President or their delegate will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether the disciplinary sanction and condition(s) imposed in the Initial Order are affirmed, vacated, or amended, and, if amended, set forth any new disciplinary sanction and/or condition(s).

3. President’s Office shall serve the Final Decision on the parties simultaneously.

Revisions Chapter Reviewed and Revised: November 2013 through May 2014 Board of Trustees Adoption: June 20, 2014

5.P.140 Release of Registered Sex Offender Information

The college may release registered sex offender (RSO) information when the college has been informed by a law enforcement agency that persons so identified are enrolled or present on or near the college campus or other college sites. College community is the faculty, staff, students and general public on or near any college site.

Procedures, Forms, and Documents 5.A.140 Campus Sex Crimes Prevention and Registered Sex Offender Procedures

5.P.142 Children on Campus

The college is committed to maintaining a family friendly atmosphere. Children may not be on campus unattended and the college maintains procedures related to their presence in specific campus spaces such as classrooms and labs.

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Procedures, Forms, and Documents 5.A.142 Children on Campus

5.P.144 Childcare Center Operations

The college operates a licensed childcare center on campus in support of student and employee access.

Procedures, Forms, and Documents 5.A.144 Child Care Center Operation

5.P.146 TRIO Projects

Pending continued grant funding, the college maintains TRIO programs focused on Student Support Services and Support Services for Students with Disabilities.

Procedures, Forms, and Documents 5.A.146 TRIO Projects

5.P.150 Support for Students in Distress

The college will maintain comprehensive procedures for supporting students in distress.

Procedures, Forms, and Documents 5.A.150 Support for Students in Distress

5.A.150.1 Campus Assessment, Response, and Evaluation (CARE) team

5.A.150.2 Bias Response Team (BRT)

5.A.150.3 Medical Amnesty

5.A.150.4 Family Emergency Notification

5.A.150.5 Postvention Protocol

5.P.155 Required Medical Withdraw – Students (WAC 495D-121-800)

Lake Washington Institute of Technology may require a student to take a medical withdraw or prohibit enrollment in a specific course of study if a student has a physical illness/condition or a mental, emotional, or psychological condition and as a result of the illness or condition:

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1. Is engaging in, or is threatening to engage in, behavior that poses a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or

2. The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or

3. The student's behavior has resulted in significant disruption of the teaching, learning, or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior substantially impeding the education processes or proper activities or functions of the college and its personnel.

Procedures, Forms, and Documents 5.A.155 Required Medical Withdraw – Students

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Item 1081 2021-5-10

Amendment to Policies, Chapter 4 (formerly Chapter 6)

First Read Situation The Board of Trustees reviews college policies annually according to its policy review calendar to ensure that policies are accurate and reflect governance strategy. As part of this process, the college reviews policies through its internal structure to make recommendations regarding:


Pursuant to this process, revisions were proposed to Chapter 4 (formerly Chapter 6), Student Services, including:

• Cleaned up a considerable amount of outdated language • Revised Employee Rights • Revised student course observation process • Revised part-time faculty review process

These proposed revisions were reviewed by Executive Cabinet, the Policy Review Committee, and College Council. First Reading

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Ch. 4 Instruction 4.P.01 Academic Standards and Regulations

4.P.01 Academic Standards and Regulations

Policy

Academic regulations, admissions, registration, and records policies shall be consistent with the State Board for Community and Technical Colleges (SBCTC) standards, “with respect to the content of the curriculum and other educational and training programs and the requirements for degrees and certificates awarded by the College,” according to RCW 28B.50.090(7)(c). The College adheres to the Federal definition and fulfillment of a credit hour and determines the credit value or credit equivalent according to the SBCTC Policy Manual, Chapter 4, and Appendices. Pertinent policy areas are listed below and the College regularly updates and publishes procedures related to these policy areas in the College catalog and website.

1. Academic regulations. 2. Academic standards. 3. Definition of credit hour. 4. Grading system. 5. Graduation requirements. 6. Academic performance. 7. Credit completion. 8. Excess credit accumulation. 9. Academic standing/ excellence.

4.P.03 Advisory Committees


Policy

Per RCW 28B.50.252, all professional-technical programs will have an advisory committee to provide input on current industry standards. The committee will include a labor representative from the related bargaining union when appropriate. The vice president of instruction’s office will maintain an advisory committee handbook in compliance with the State Board for Community and Technical College standards.

4.P.05 Catalog

4.P.05 Catalog

Policy

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https://apps.leg.wa.gov/rcw/default.aspx?cite=28B.50.252

The college will publish, at least every other year, a college catalog that includes but is not limited to:

1. General college information. 2. Instructional program descriptions. 3. Course descriptions.

4.P.07 Class Schedule


Policy

The college will publish a class schedule every academic quarter.

4.P.09 Course Approvals/Changes


Policy

The college will have procedures to propose:

1. New courses. 2. Changes to existing courses. 3. Course deletions or inactivations.

Procedures, Forms, and Documents:

Curriculum changes.docx

4.P.11 Course Coding


Policy

The vice president of instruction or designee will code all courses in compliance with the State Board for Community and Technical Colleges (SBCTC) course coding manual.

4.P.13 Course Numbering

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Policy

The college will have a uniform course numbering system and may use the State Board for Community and Technical Colleges’ common course numbering system. The vice president of instruction or designee assigns course prefixes and numbers.

4.P.15 Course Outlines


Policy

The college will provide course outlines for each course in the college’s standard format. Instructional services keeps these outlines on file. Faculty develop and update course outlines, program information, student learning assessment, and assessment of global outcomes as industry standards change and during regular program review timelines.

4.P.19 Credit Values and Credit Equivalents


Policy

The college will use credit values based on state guidelines regarding credits awarded based on contact hours and mode of instruction. The length of fall, winter, and spring quarters may vary between 10 and 12 weeks according to the negotiated contract. The length of summer quarter may vary. Based on the appropriate modes of instruction, credit equivalents and class hours will be consistent between academic quarters.

4.P.21 Degrees and Certificates


Policy

The college will offer the following degrees, certificates, and awards upon successful completion of technical and academic core requirements as specified in the college catalog:

1. Applied Bachelor’s degree. 2. Major-Related Program transfer degree. 3. Associate of Applied Science degree. 4. Associate of Applied Science – Transfer degree.

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5. Associate in Science – Transfer degree. 6. Certificate of Proficiency. 7. Certificate of Completion. 8. Adult High School Diploma. 9. General Education Development (GED ®) – Credential. 10. Lake Washington Technical Academy Diploma.

4.P.23 Degrees and Certificates – Residency Requirements


Policy

o qualify for graduation, students must earn at least 30% of the required credits in residence at

LWTech for the following degrees and certificates:

1. Applied Bachelor’s degrees. 2. Major-Related Program transfer degrees. 3. Associate of Applied Science degrees. 4. Associate of Applied Science—Transfer degrees. 5. Associate in Science – Transfer degrees. 6. Certificates of Proficiency.

All credits required for Certificates of Completion must be earned in residence at LWTech to qualify for graduation.

Program faculty may recommend waivers of the residency requirements to the appropriate division dean. The dean forwards the waiver request to the vice president of instruction or designee with a recommendation for approval or denial. The vice president or designee will approve or deny the request.

4.P.24 Posthumous Degrees


Policy The College may grant a posthumous degree to an immediate family member to recognize the academic achievement of a student who completed a significant portion of their degree requirements but died before graduating.

Definitions “Posthumous” means following or occurring after death. “Immediate family member” includes a person’s parents, spouse or cohabitating partner, siblings, children, aunts, uncles, grandparents, and grandchildren.

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Procedures, Forms, and Documents: https://www.lwtech.edu/admissions/graduation/posthumous-degree/

4.P.25 E-Learning

4.P.25 E-Learning

Policy

The college will provide students with learning opportunities outside the traditional classroom setting by using online modes of instruction that occur partly or fully outside the traditional face to face classroom setting. The college will take part as appropriate in educational consortia that deliver eLearning. ELearning educational processes occur when the student and faculty interact in the online learning environment. ELearning modes of instruction include, but are not limited to:

1. Online instruction conducted all online. 2. Hybrid classes that replace some but not all classroom time with online learning. 3. Web-enhanced classes that meet in regular class sessions but use online resources for

additional interaction, posting of assignments and course material. 4. Synchronous remote learning that occurs when the faculty and students are engaging in a

virtual classroom at the same time. 5. Asynchronous learning that occurs at undefined days and times throughout the term.

4.P.27 Faculty Responsibilities


Policy

The faculty collective bargaining agreement describes faculty responsibilities. The college maintains position descriptions that state faculty duties, responsibilities, authority, and reporting relationships.

4.P.29 Teaching Methodologies


Policy

The college encourages a variety of course delivery modes and teaching strategies to promote student learning, built into the course activities that support approved course outcomes, following the State Board’s approved modes of:

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1. Lecture. 2. Guided Practice. 3. Field Based Experience.

4.P.31 Grading

4.P.31 Grading

Policy

The college will create and implement a uniform decimal grading system, using a point system from 0.0 to 4.0. Faculty establish standards and criteria for earning a grade in each course.

4.P.33 Human Subjects Research


Policy

Educational researchers come from many disciplines, embrace several competing theoretical frameworks, and use a variety of research methodologies. As such, it is important for the College to ensure that faculty, staff and students follow relevant, professional guidelines concerning the protection of human subjects; including those defined in the uniform Federal Policy for the Protection of Human Subjects (Title 45, Part 46) and consistent with Washington State law (RCW 42.48, Release of Records for Research).

To ensure that the rights and welfare of human subjects involved in research are protected, researchers are required to follow the College’s Institutional Review Board procedure. All research involving human subjects, which includes research by faculty, staff, and students, must be reviewed and approved by the Chair of the College’s Institutional Review Board (IRB).

This policy and its procedures apply to anyone:

1. Affiliated with the college, including employees and students, who seek to conduct a research project that involves human subjects.

2. Not affiliated with the college who seek to conduct research that involves employees, students, or college records.

4.P.35 Instructional Calendar


Policy

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The administration and the Lake Washington Federation of Teachers jointly develop an annual college instructional calendar, using a process in line with the negotiated agreement. The Board delegates approval to the president, who has final approval on the calendar.

4.P.37 Instructional Programs


Policy

The college will offer high quality professional-technical, general education, and continuing education programs to meet the needs of both the students and the community. These programs may include:

1. Professional-technical education. 2. Basic skills education. 3. Business training and development. 4. Developmental education. 5. General education. 6. High school completion. 7. High School Programs.

4.P.39 Instructional Program Approvals/Changes


Policy

The college will have procedures to develop new state-funded instructional programs, program changes, and program termination. These processes include degree and certificate programs, which will also operate in line with SBCTC guidelines.


New Program Development Proced

lwtech-federation-of-teachers-employe

4.P.41 Interruption of Instructional Programs


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Policy

Faculty and students have the right to a learning environment free of conduct that disrupts that environment. Instructional programs must not have activities that disrupt the instructional process and hinder the student and faculty pursuit of course and program educational objectives. Refer to the student conduct code in Chapter 5 for more information.

The college will maintain procedures that address college closure or program interruption due to severe weather, power failure, disaster, or other emergency.

4.P.43 Library-Learning Commons


Policy

The college library learning commons will serve the educational and informational needs of students, employees, and the community. It will provide:

1. Readily accessible learning space – physically and electronically. 2. Readily accessible resources, including equipment, print and non-print materials. 3. Related instructional courses taught by library faculty that enhance information literacy. 4. Training and assistance to employees and students to help user learning.

The library learning commons will:

1. Maintain a procedure manual that has operational detail for its users and employees. 2. Follow applicable laws on copyright.

4.P.45 Off-Campus Sites


Policy

The college may offer courses at off-campus locations throughout its service area to meet student and community needs.

4.P.46 Non-traditional Credit


Policy

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https://www.lwtech.edu/about/policies-and-procedures/manual/07-student-services/

Per Northwest Commission of Colleges and University guidelines, the college recognizes that students may come to the college with skills and knowledge acquired through work experience, some of which could meet regular credit course requirements. The college will identify credit for prior learning by an assessment process that qualified faculty will conduct. This may result in a course or several courses being posted to the transcript.

Credit for prior learning assessment and credit by exam are two processes students may use to gain non-traditional credit. Forms are available in the appropriate dean’s office.

1. Credit for prior learning assessment: qualified faculty conduct an assessment of prior learning that may result in several courses identified and added to the student’s transcript.

2. Challenge credit: qualified faculty assess one course that the college may add to the student’s transcript.

3. Advanced Placement (AP): The college follows state guidelines and awards course credits for scores earned on specific Advanced Placement examinations. Credit will be awarded on the basis of official AP results, not transcript notation.

4. International Baccalaureate (IB) Test: The college follows state guidelines and awards course credits for score earned on specific International Baccalaureate tests. Credit will be awarded on the basis of official IB results, not transcript notation.

5. The Cambridge Assessment International Education (CI) exams: the college follows state guidelines and awards course credits for scores earned on specific (CI) examinations. Credit will be awarded on the basis of official CI results, not transcript notation.

4.P.47 Program Review


Policy

Each instructional program will regularly conduct a comprehensive program review. The vice president of instruction may also conduct off-schedule program reviews as needed. Programs with external accrediting or evaluation authorities may use information from their respective agency reviews to complete the program review process.

The vice president of instruction has the responsibility to publish specific instructional program review procedures.

4.P.48 International Students


Policy

The College recognizes the value of international students on campus and the importance of broad cultural understanding in the College’s curriculum. The incorporation of world cultures in language

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courses and courses with international focus will provide students breadth of understanding, essential for success in today’s global politics and economy. International students bring a valuable dimension to campus life; their presence in the classroom and at college events enriches the learning atmosphere for everyone. The College’s practices in conducting international education shall follow state and federal policy and guidelines governing student admission to the country and establishing pertinent fees and tuition.

4.P.49 Professor Emeritus


Policy

The President may award retiring tenured professors who have served a minimum of five years the status of Professor Emeritus, for the academic year following retirement. Renewal shall be limited to five years except in extraordinary cases. Such appointments shall require a memorandum of understanding that includes: the work to be performed by the Professor Emeritus (teaching load or special assignments), and commensurate compensation.

Revisions Chapter Reviewed and Revised: February 2009 through March 2011 Board of Trustees Adoption: May 2, 2011 6.P.33 Revised April 2, 2012 6.P.21, 6.P.23 Revised May 2, 2016

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Ch. 46 Instruction



Policy

The vice president of instruction develops, maintains, and implements academic standards and regulations. The college will have procedures that address student academic progress, including:

Academic regulations, admissions, registration, and records policies shall be consistent with the State Board for Community and Technical Colleges (SBCTC) standards, “with respect to the content of the curriculum and other educational and training programs and the requirements for degrees and certificates awarded by the College,” according to RCW 28B.50.090(7)(c). The College adheres to the Federal definition and fulfillment of a credit hour and determines the credit value or credit equivalent according to the SBCTC Policy Manual, Chapter 4, and Appendices. Pertinent policy areas are listed below and the College regularly updates and publishes procedures related to these policy areas in the College catalog and website.

1. Academic regulations. 2. Academic standards. 3. Definition of credit hour. 4. Grading system. 5. Graduation requirements. 1.6.Academic performance. 2.7.Credit completion. 8. Excess credit accumulation. 3.9.Academic standing/ excellence.



Policy

Per RCW 28B.50.252, aAll professional-technical programs will have an advisory committee to provide input on current industry standards. The committee will include a labor representative from the related bargaining union when appropriate. The vice president of instruction’s office will maintain an advisory committee handbook in compliance with the State Board for Community and Technical College standards.

46.P.05 Catalog

46.P.05 Catalog

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Policy

The college will publish, at least every other year, a college catalog that includes but is not limited to:

1. General college information. 2. Instructional program descriptions. 3. Course descriptions.



Policy

The college will publish a class schedule every academic quarter.



Policy

The college will have procedures to propose:

1. New courses. 2. Changes to existing courses. 3. Course deletions or inactivations.


Curriculum changes.docx



Policy

The vice president of instruction or designee codes will code all courses in compliance with the State Board for Community and Technical Colleges (SBCTC) course coding manual.

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Policy

The college will have a uniform course numbering system and may use the State Board for Community and Technical Colleges’ common course numbering system. The vice president of instruction or designee assigns course prefixes and numbers.



Policy

The college will write provide course outlines for each course in the college’s standard format. Instructional services keeps these outlines on file. Faculty develop and update course outlines, program information, student learning assessment, and assessment of global outcomes as industry standards change and during regular program review timelines.



Policy

The college will use credit values based on state guidelines regarding credits awarded based on contact hours and mode of instruction. The length of fall, winter, and spring quarters may vary between 10 and 12 weeks according to the negotiated contract. The length of summer quarter may vary. Based on the appropriate modes of instruction, credit equivalents and class hours will be consistent between academic quarters.



Policy

The college will offer the following degrees, certificates, and awards upon successful completion of technical and academic core requirements as specified in the college catalog:

1. Applied Bachelor’s degree. 2. Major-Related Program transfer degree.

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3. Associate of Applied Science degree. 4. Associate of Applied Science – Transfer degree. 5. Associate in Science – Transfer degree. 6. Certificate of Proficiency. 7. Certificate of Completion. 8. Adult High School Diploma. 9. General Education Development (GED ®) – Credential. 10. Lake Washington Technical Academy Diploma.



Policy

Per the Northwest Commission for Colleges and University guidelines, tTo qualify for graduation, students must earn at least 30% of the required credits in residence at

LWTech for the following degrees and certificates:

1. Applied Bachelor’s degrees. 2. Major-Related Program transfer degrees. 3. Associate of Applied Science degrees. 4. Associate of Applied Science—Transfer degrees. 5. Associate in Science – Transfer degrees. 6. Certificates of Proficiency.

All credits required for Certificates of Completion must be earned in residence at LWTech to qualify for graduation.

Program faculty may recommend waivers to of the residency requirements to the appropriate division dean. The dean forwards the waiver request to the vice president of instruction or designee with a recommendation for approval or denial. The vice president or designee will approve or deny the request.



Policy

The College may grant a posthumous degree to an immediate family member to recognize the academic achievement of a student who completed a significant portion of their degree requirements but died before graduating.

Definitions

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“Posthumous” means following or occurring after death. “Immediate family member” includes a person’s parents, spouse or cohabitating partner, siblings, children, aunts, uncles, grandparents, and grandchildren. Procedures, Forms, and Documents: https://www.lwtech.edu/admissions/graduation/posthumous-degree/

46.P.25 E-Learning

46.P.25 E-Learning

Policy

The college will provide students with learning opportunities outside the traditional classroom setting by using online modes of instruction and document sharing that occurs partly or fully outside the traditional face to face classroom setting. The college will take part as appropriate in educational consortia that deliver e-Learning. E-Llearning educational processes occur when the student and faculty are interact in the online learning environment. not in the same place but may be interacting at the same time. E-Llearning modes of instruction include, but are not limited to:

1. Online instruction conducted all online. 2. Hybrid classes that replace some but not all classroom time with online learning. 3. Web-enhanced classes that meet in regular class sessions but use online resources for

additional interaction, posting of assignments and course material. 4. Synchronous remote learning that occurs when the faculty and students are engaging in a

virtual classroom at the same time. 3.5.Asynchronous learning that occurs at undefined days and times throughout the term.



Policy

The faculty collective bargaining agreement describes faculty responsibilities. The college maintains position descriptions that state faculty duties, responsibilities, authority, and reporting relationships.



Policy

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The college encourages a variety of course delivery modes and teaching strategies to promote student learning, built into the course activities that support approved course outcomes, following the State Board’s approved modes of: . Examples include:

1. Lecture. 2. Guided Practice. 3. Field Based Experience. 2. Lecture/lab. 3. Lab. 4. Learning communities. 5. Field trips. 6. Job shadowing. 7. Co-operative work experience. 8. Internships. 9. Clinical experiences.

46.P.31 Grading

46.P.31 Grading

Policy

The college will create and implement a uniform decimal grading system, using a point system from 0.07 to 4.0. Faculty establish standards and criteria for earning a grade in each course.



Policy

Educational researchers come from many disciplines, embrace several competing theoretical frameworks, and use a variety of research methodologies. As such, it is important for the College to ensure that faculty, staff and students follow relevant, professional guidelines concerning the protection of human subjects; including those defined in the uniform Federal Policy for the Protection of Human Subjects (Title 45, Part 46) and consistent with Washington State law (RCW 42.48, Release of Records for Research).

To ensure that the rights and welfare of human subjects involved in research are protected, researchers are required to follow the College’s Institutional Review Board procedure. All research involving human subjects, which includes research by faculty, staff, and students, must be reviewed and approved by the Chair of the College’s Institutional Review Board (IRB).

This policy and its procedures apply to anyone:

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1. Affiliated with the college, including employees and students, who seek to conduct a research project that involves human subjects.

2. Not affiliated with the college who seeks to conduct research that involves employees, students, or college records.



Policy

The administration and the Lake Washington Federation of Teachers jointly develop an annual college instructional calendar, using a process in line with the negotiated agreement. The Board delegates approval to the president, who has final approval on the calendar.



Policy

The college will offer high quality professional-technical, general education, and continuing education programs to meet the needs of both the students and the community. These programs may include:

1. Professional-technical education. 2. Basic skills education. 3. Business training and development. 4. Developmental education. 5. General education. 6. High school completion. 7. Lake Washington Technical AcademyHigh School Programs.



Policy

The college will have procedures to develop new state-funded instructional programs, program changes, and program termination. These processes include degree and certificate programs, which will also operate in line with SBCTC guidelines.


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New Program Development Proced

lwtech-federation-of-teachers-employe



Policy

Faculty and students have the right to a learning environment free of conduct that disrupts the learning that environment. Instructional programs must not have activities that disrupt the instructional process and hinder the student and faculty pursuit of course and program educational objectives. Refer to the student conduct code in Chapter 75 for more information.

Outside agencies or persons that need to contact students will first contact enrollment services to determine if the contact should take place at the college and/or how to most appropriately make the contact.

The college will maintain procedures that address college closure or program interruption due to severe weather, power failure, disaster, or other emergency.



Policy

The college library learning commons will serve the educational and informational needs of students, employees, and the community. It will provide:

1. Readily accessible learning space – physically and electronically. 2. Readily accessible resources, including equipment, print and non-print materials. 3. Related instructional courses taught by library faculty that enhance information literacy. 4. Training and assistance to employees and students to help user learning.

The library learning commons will:

1. Maintain a procedure manual that has operational detail for its users and employees. 2. Follow applicable laws on copyright.

Field Code Changed

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Policy

The college may offer courses at off-campus locations throughout its service area to meet student and community needs.



Policy

Per Northwest Commission of Colleges and University guidelines, tThe college recognizes that students may come to the college with skills and knowledge acquired through work experience, some of which could meet regular credit course requirements. The college will identify credit for prior learning by an assessment process that qualified faculty will conduct. This may result in a course or several courses being posted to the transcript.

Credit for prior learning assessment and credit by exam are two processes students may use to gain non-traditional credit. Forms are available in the appropriate dean’s office.

1. Credit for prior learning assessment: qualified faculty conduct an assessment of prior learning that may result in several courses identified and added to the student’s transcript.

2. Challenge credit: qualified faculty assess one course that the college may add to the student’s transcript.

3. Advanced Pplacement (AP): when students complete college-level work in high school, they may get credit or advanced placement, based on performance on advanced placement exams. The college follows state guidelines and awards course credits for scores earned on specific Advanced Placement examinations. Credit will be awarded on the basis of official AP results, not transcript notation.

4. International Bbaccalaureate (IB) Test: the college recognizes the international baccalaureate to place students in courses by individual assessment of classes the student took. The college follows state guidelines and awards course credits for score earned on specific International Baccalaureate tests. Credit will be awarded on the basis of official IB results, not transcript notation.

4.5.The Cambridge Assessment International Education (CI) exams: the college follows state guidelines and awards course credits for scores earned on specific (CI) examinations. Credit will be awarded on the basis of official CI results, not transcript notation.



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Policy

Each instructional program will regularly conduct a comprehensive program review at least every five years.. The vice president of instruction may also conduct off-schedule program reviews as needed. Programs with external accrediting or evaluation authorities may use information from their respective agency reviews to complete the program review process.

The vice president of instruction has the responsibility to publish specific instructional program review procedures.



Policy

The College recognizes the value of international students on campus and the importance of broad cultural understanding in the College’s curriculum. The incorporation of world cultures in language courses and courses with international focus will provide students breadth of understanding, essential for success in today’s global politics and economy. International students bring a valuable dimension to campus life; their presence in the classroom and at college events enriches the learning atmosphere for everyone. The College’s practices in conducting international education shall follow state and federal policy and guidelines governing student admission to the country and establishing pertinent fees and tuition.



Policy

The President may award retiring tenured professors who have served a minimum of five years the status of Professor Emeritus, for the academic year following retirement. Renewal shall be limited to five years except in extraordinary cases. Such appointments shall require a memorandum of understanding that includes: the work to be performed by the Professor Emeritus (teaching load or special assignments), and commensurate compensation.

Revisions

Chapter Reviewed and Revised: February 2009 through March 2011 Board of Trustees Adoption: May 2, 2011 6.P.33 Revised April 2, 2012 6.P.21, 6.P.23 Revised May 2, 2016

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Item 1082 2021-5-10

Adoption of Lake Washington Institute of Technology Federation of Classified Employees Local No. 4787

Collective Bargaining Agreement Request for Approval

Situation The Lake Washington Institute of Technology Federation of Classified Employees Local No. 4787 represents the classified staff on campus. The current bargained agreement expires on June 30, 2021. The College and the Union actively engaged in collective bargaining from October 2020 through April 2021 primarily using intentional and affinity bargaining practices that promote in-depth discussion, shared data gathering, and creative solutions to reach consensus on issues that meet each other’s interests. Substantive bargaining on the contract was concluded on April 23, 2021, and the union membership ratified the contract on May 4, 2021. The proposed agreement provides for:

• A 3-year contract effective July 1, 2021 • Article 7 – IST Work Schedule (Section 7.4; additional days for Instruction Support Technicians to

participate in campus-wide professional development opportunities) • Article 12 – Reclassification Process (Section 12.2, determined probationary period in current

position to be eligible for reclassification) • Article 13 – Emergency Leave (Section 13.2.2; added options for remote work during temporary

emergency situations) • Article 16 – Discipline (Section 16.1; clarified the disciplinary process) • Article 19 & 20 – Layoff/Reduction in Force (Added Section 19.1 Seniority List; removed bumping

rights) • Article 23 – Salary Schedule/Wages (Section 23.5 & Appendix A; addressed recruitment and

retention by increasing minimum wage for 4 employees to $20/hour and adding longevity steps L & M; postponed reclassifications for FY 2022 to offset cost)

Recommendation That the Board of Trustees approve the Classified Local 4787 Collective Bargaining Agreement.

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AGREEMENT BY AND BETWEEN

LAKE WASHINGTON INSTITUTE OF TECHNOLOGY DISTRICT 26

AND THE

FEDERATION OF CLASSIFIED EMPLOYEES LOCAL NO. 4787

EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2024

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Lake Washington Institute of Technology LWTECHFCE Bargained Agreement

2021-2024

TABLE OF CONTENTS Preamble 2 Definitions 3 Article 1 Recognition 4Article 2

Dues Deductions/Representation Fees 5Article 3 Management Rights 6Article 4 Employee/Federation Rights 7Article 5 College/Federation Communication 9Article 6 Probation Period 10Article 7 Work Year 11Article 8 Work Hours 12Article 9 Salary 14Article 10 Professional Development 15Article 11 Performance Evaluation 16Article 12 Reclassification 17Article 13 Leaves 19Article 14 Holidays 25Article 15 Health Care Insurance and Retirement Benefits 27Article 16 Discipline 28Article 17 Vacancies 32Article 18 Seniority 33Article 19 Layoff and Recall 34Article 20 No Strike Agreement 36Article 21 Grievance Procedure 37Article 22 Conditions of the Agreement 40Appendix A Employee Salary Schedules 43Appendix B

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Performance Evaluation 43

Appendix C Membership Enrollment & Dues Authorization Form 50 Memorandum of Understanding A 52Memorandum of Understanding B

Error! Bookmark not defined.Memorandum of Understanding C 59

Memorandum of Understanding D Error! Bookmark not defined.Memorandum of Understanding E 62

Preamble This Agreement is by and between the Board of Trustees of Lake Washington Institute of Technology District 26, hereinafter called the "College", or " District", and the Lake Washington Institute of Technology Federation of Classified Employees, Local 4787, hereinafter called the "Federation." The term "College" used hereinafter shall mean the Board of Trustees or its lawfully delegated representative(s).

The parties agree that it has been and will continue to be in their mutual interest and purpose to promote systematic and effective employee - management cooperation.

Definitions ● Academic Year: The fall, winter, and spring quarters as in the Board-adopted academic calendar.

This does not include summer quarter. ● Agreement: This contract between the College and the Union. ● Board: The Board of Trustees of Lake Washington Institute of Technology, District 26, as defined

in RCW 28B.50.1401. ● College: The same as the Board and District 26. ● Compensatory Time: Often shortened to “Comp time”. Leave from work in lieu of overtime or extra

time pay. ● Date of Hire: The original date of hire with the College without a break in service. ● Day or Days: Calendar day or calendar days unless specified otherwise. ● Employee: Any person as defined in Section 1.1 performing bargaining unit work and covered by

this Agreement. ● Evaluation: The employee performance evaluation reports. ● Union: Lake Washington Institute of Technology Federation of Classified Employees

(LWTECHFCE), Local 4787/AFT WA/AFT/AFL-CIO. ● Fiscal Year: The period beginning July 1 and ending June 30 as defined by the state of Washington

and used by the College. ● Full-time Employee: An employee normally scheduled to work forty (40) hours per week. ● Grievance Committee: A minimum of two Union members appointed by the Union executive board

to be present with the grievant and assist them with the process. ● Hours Worked: All hours that an employee is scheduled and performing assigned work. ● Human Resources: The office of the College responsible to the Executive Director of Human

Resources, who has been delegated authority to offer employment on behalf of the President. ● Immediate Family: An individual's spouse or domestic partner, and child, stepchild, grandchild,

parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person.

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● Immediate Supervisor: The member of the College’s management staff responsible for directly supervising an employee.

● Increment: Horizontal advancement from one step (cell) to the next higher step on the same level of the salary schedule.

● Instructional Day: One of the one hundred fifty (150) days that classes are scheduled to be in session. Unless otherwise specified in Article 7, Section 7.4.

● Job Classification: For use with the seniority list that is applied during the reduction in force process. Job classification is a category of similar job titles with similar functions.

● Layoff: The termination of employment due to economic setback, inoperable facilities, a decrease in the workload, or other conditions that reasonably require a reduction in the workforce.

● Management: Exempt employees at the College who supervise classified staff. ● Part-time Employee: An employee normally scheduled to work less than forty (40) hours per week. ● PERC: The Public Employment Relations Commission. ● Percent of Full-time: The number of hours per week of regularly assigned work divided by 40, and

expressed in a percentage. ● Performance Improvement Plan (PIP): A written plan to address an employee’s performance under

discipline (Article 16). ● President: The President of the Lake Washington Institute of Technology, District 26. ● Probation: The first six (6) months of employment in a full- or part-time permanent position.

Probation may be extended for up to three (3) months if mutually agreed to in writing by the employee, Federation, and College.

● Professional Development Plan (PDP): A written description of annual pre-approved job, career, or professional development objectives.

● Promotion: Movement to a position that is higher on the salary level. ● Prorated: A percentage calculation that is based upon an employee’s percent of full-time

employment; a percentage calculation based upon an employee’s percent of employment if less than a full-fiscal year; or a percentage calculation that is based upon the number of work days in a payroll period; or a percentage calculation based upon a combination of these.

● Reclassification: An analysis of position duties, responsibilities, and authority resulting in change to a classification on a higher salary level, the same salary level, or a lower salary level.

● Regular Employee: An employee who has successfully passed the probationary period. ● Salary Level: One horizontal row on the salary schedule. ● Seniority Date: The employee’s first work day within the bargaining unit. ● Standard Work Week: Equal scheduled hours Monday through Friday. ● Student Worker: A person who is enrolled and regularly attending classes at the College, who is

employed by the College in a relationship subsidiary to participation in technical training and/or related academic course work at the College, who is paid from college funds, state financial aid funds, or federal financial aid funds, and who is excluded from the bargaining unit.

● Substitute Employee: A person eligible to work as-needed or for a defined period of time in the absence of a regular employee who is expected to return to their position. Not to exceed a specified number of annual hours as defined in Article 1, Section 1.1.

● Temporary Employee: A person working on a short-term basis. Not to exceed a specified number of annual hours as defined in Article 1, Section 1.1.

● Transfer: Movement to a position in the same or lower salary level.

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● Vacancy: A position vacated through transfer, resignation, termination, retirement, or a new position created within the bargaining unit.

● Work Day: Days on which an employee is normally scheduled to work, usually Monday through Friday, and times during which work is scheduled within a department as designated by the supervisor.

● Work Site: Generally, the worksite is the physical college campus. Employees may be assigned to work fully or partially from home or another location per a telework agreement.

● Work Study: Any student worker who is work study eligible under state or federal laws. ● Work Year: All regularly-scheduled work days between July 1 and June 30 including vacations and

holidays.

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Article 1 Recognition

Section 1.1 The College recognizes the Lake Washington Institute of Technology Federation of Classified Employees (LWTECHFCE), Local 4787/ AFT WA/ AFT/ AFL-CIO as the exclusive bargaining agent for all full-time and regular part-time office clerical employees, instructional support technicians, and instructional assistants, including those on approved leave of absence, employed by the College in classifications including but not limited to any job titles listed in Appendix A. Excluded from the unit are confidential, substitute/temporary employees working less than 360 hours, executive administrative assistants, and student workers (including work study students).

Temporary Employees are people working less than 360 hours within a twelve (12) month period of time in the same position, hired to fill a vacant position, work on a project or otherwise do bargaining unit work for a defined period of time. Substitute Employees are employees eligible to work as-needed or for a defined period of time in the absence of a regular employee who is expected to return to their position. Temporary or Substitute employees working in excess of 360 hours in the same position shall be subject to the terms and conditions of the contract. In the event an assignment will exceed 360 hours, an exception may be made on a case by case basis when agreed to by the Union. The Employer will provide the Union a monthly listing of all classified union employees noting which employees are temporary and the current number of hours the employee has worked. Section 1.1.1 Since 1991 classification titles have changed, and the changes have been reflected in this Article. In the event the College uses once again classification titles used in preceding Agreements, and those classifications have not been excluded according to the terms of this Article, it is understood that those classifications will once again become part of this Article.

Section 1.1.2 The College agrees not to use student workers (including work study students) or substitutes to displace bargaining unit employees. The Union agrees that the number of student workers is subject to change; however, the use of student workers (including work study students) is in addition to bargaining unit members and is not intended to erode bargaining unit work. The use of student workers is not intended to delay hiring replacement employees for vacant positions or filling new positions posted by the College.

Section 1.1.3 Any group of employees excluded from the bargaining unit may be added to the bargaining unit in accordance with statute and the rules and regulations promulgated by the Washington Public Employment Relations Commission (PERC). Matters regarding unit clarification shall also be handled by PERC.

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Article 2 Dues Deductions/Representation Fees Section 2.1 Dues Deduction: The employer shall provide a membership election/dues deduction form to eligible employees. Upon authorization to the Employer and the Union by an employee to become a member of the Union and pay membership dues, the Employer shall process payroll deduction of dues. The Employer will honor the terms and conditions of each employee's signed membership election/dues deduction form.

Section 2.2 Process: Payroll shall process the dues deductions on the next available pay date.

Section 2.3 The Union shall provide the College’s Executive Director of Human Resources written notification of a change in the dues deduction percentage at least sixty (60) days prior to the implementation of such change.

Section 2.4 Revocation: an employee may revoke their authorization for payroll deduction of payments to the Union by written notice on the membership election/dues deduction form to the Employer and Union in accordance with the terms and conditions of their signed membership election/dues deduction form. Every effort will be made to end the deduction effective on the next available payroll.

Section 2.5 Indemnification: The College shall be held harmless by the Union and employees for compliance with this Article.

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Article 3 Management Rights Section 3.1 Management rights and the direction of the workforce are vested exclusively in the College subject to the terms of this Agreement. All rights not specifically granted in this Agreement are reserved for the College. Management officials retain the right and obligation, including but not limited to:

A. Determine the method, number, and kinds of personnel by which operations undertaken by employees in the unit are to be conducted.

B. Subcontract work. C. Designate the work to be performed and the places and the manner in which it is to be performed. D. Schedule the employee’s workday. E. Hire, promote, demote, assign, and retain employees. F. Suspend, discipline, or discharge employees for just cause.

Section 3.2 The intent of management is to recognize the rights of employees to do bargaining unit work. When changes to work not normally subcontracted are being proposed, management shall discuss the proposed changes with the Union prior to implementation.

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Article 4 Employee/Union Rights Section 4.1 Employee Rights: Employees shall have the right to join, or not to join, the Union at their discretion without fear of penalty or reprisal.

Section 4.2 Non-discrimination: Neither the College, nor the Union, shall discriminate against any employee or applicant for employment by reason of race, religion, creed, color, marital status, gender, sexual orientation, age, national origin, the presence of any sensory, mental or physical handicap, genetic information, or because of their membership or non-membership in the Union.

Section 4.3 Affirmative Action: The Union and College agree and support the principles of Affirmative Action. The Agreement shall not be in conflict with, or inconsistent with, the College’s Affirmative Action Program. Issues that may arise between the Agreement and the Program shall be resolved consistent with federal and state laws or regulations and Board policy.

Section 4.4 Personnel File: A personnel file shall be maintained in the Human Resources office for each employee. All written communications other than routine personnel actions shall be shared with the employee prior to inclusion in the personnel file. Any material judged by the supervisor to potentially adversely affect employment may be placed in a personnel file only after allowing the employee a reasonable time to read the material, and attach to it a signed written statement. Such signature shall not imply agreement with said materials. Employees shall have the opportunity to respond to any document contained in the file.

Section 4.4.1 Employees, upon request and with a scheduled appointment, may inspect their personnel file in the presence of the Executive Director of Human Resources or designee and shall be provided a copy of any document requested.

Section 4.4.2 Adverse statements in the employee’s personnel file shall be removed after two (2) years upon the written request of the employee unless it is demonstrated that such information may be related to a violation of federal or state law or regulation.

NOTE: An employee may make a written request of the supervisor to remove the statement after one (1) year. The supervisor’s refusal shall not be subject to the grievance procedure.

Section 4.5 Apparel and Equipment: Specialty apparel and/or equipment required as part of the job responsibilities shall be provided by the College.

Section 4.6 Union Rights: The Union shall be furnished, upon request, all regularly and routinely prepared public information concerning the financial condition of the College including the annual financial statement and adopted budget. The College agrees to furnish, upon request, any information relevant to processing grievances and negotiations. Requests shall be made in writing by the Union President to the Executive Director of Human Resources. The Union agrees to pay reasonable costs for requested items not normally prepared in the daily operations of the College. The Union shall be notified of any costs prior to processing.

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Section 4.6.1 In order to conduct Union business, the Union may request the use of College facilities and equipment at reasonable times when such facilities and equipment are not in use. The Union agrees to follow College procedures and reimburse the College for any materials and supplies.

Section 4.6.2 The Union shall have the right to use the College’s inter-office mail systems for a reasonable volume of appropriate announcements relating to conduct of Union business on behalf of its members. Such materials shall not contain any political endorsements or reflect adversely upon the College, any of its employees, or any labor organization among its employees.

Section 4.6.3 The College shall make available reasonable space in the workroom for the purpose of posting Union notices of meetings, elections, and reports of Union committees, recreational and social affairs. Notices and announcements shall not contain any political endorsements or reflect adversely upon the College, any of its employees, or any labor organization among its employees.

Section 4.6.4 Pertinent Data: The College agrees to make available to the Union upon written request an employee list reporting name, seniority date, assignment location and hours, placement on the salary schedule, home address and phone number.

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Article 5 College/Union Communication Section 5.1 The President or designee(s) and the Union President or designee(s) shall meet at the request of either party to discuss appropriate matters of mutual concern. The party calling the meeting shall state the nature of such meeting and the subject(s) to be discussed, prior to the meeting.

Section 5.2 The College and Union endorse the goal of a constructive and cooperative relationship. A labor-management committee (LMC) shall be established for the purpose of addressing contract administration and attempting to resolve issues which occur in the workplace.

A. The LMC shall be comprised of up to five (5) representatives each from the College and Union. B. The LMC shall adhere to the principles of collaborative problem solving and decision making. C. The LMC shall meet quarterly or as appropriate. D. A written agenda and a record of the proceedings shall be maintained according to the ground

rules.

The LMC shall have no authority to conduct any negotiations, bargain collectively or modify any provision of this Agreement. The LMC shall refer all issues that may result in a memorandum of understanding to the Union President and the Executive Director of Human Resources. The LMC activities, discussions, and agreements shall not be subject to the grievance procedure.

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Article 6 Probation Period Section 6.1 New employees will be on probation for the first six (6) months of employment.

Probationary employees will receive written mid-point and end-of-probation evaluations by the supervisor. The supervisor will meet with the employee to discuss areas needing improvement identified during probation. If there is reason to believe more time would result in a recommendation for regular employment, probation may be extended for up to three (3) additional months if mutually agreed to in writing by the employee, Union, and College.

The supervisor will send a recommendation for regular employment to Human Resources for employees with satisfactory performance.

New employees within the six months probation period who apply for and accept another position at the College, will begin a new six (6) month probation period starting the first day of the new position.

The College may dismiss probationary employees at its discretion. The decision to dismiss a probationary employee is not subject to the grievance procedure.

Section 6.2 Existing employees who previously passed probation and are transferred at the direction of the College will not be subject to an additional probation period.

Section 6.3 Existing employees who previously passed probation and apply for and accept another position at the College will be on probation for the first three (3) months of employment in the new position. Within the three (3) month probation period if either the employee or the College determines that continued employment in the new position is not in either party’s best interest, the employee may return to their previous position at their previous salary placement and probation will end. Reversion rights to the previous position are not possible after three (3) months.

Section 6.4 Probationary employees accrue sick leave and vacation leave starting the first day of employment.

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Article 7 Work Year Section 7.1 A regular employee scheduled to work at least fifty percent (50%) of full-time shall be assigned a prescribed work year. The length of an employee’s work year assignment may be adjusted by the College to meet conditions created by an economic setback, inoperable facilities, and/or an increase or decrease in work. A minimum of two (2) weeks’ notice shall be given, except in emergency situations as agreed upon by the College and the Union.

When supervisors determine that a need exists for additional hours or overtime, members of the bargaining unit will be given first option to additional hours before hiring temporary staff, and/or contracting out the work. It is not the intent of this section to deny availability of overtime to current full-time employees by hiring additional or part-time staff as a cost saving measure. Nor is it the intent to deny the College the right to hire additional or part-time staff or contract out the work for projects.

Section 7.2 Vacation and sick leave shall not accrue for an employee who has more than ten (10) work days of leave without pay in any month.

Section 7.3 In service/Staff Development Release Time: Should the College require attendance of employees at in service/staff development activities, the College shall either provide release time for attendance or pay the employee their hourly rate in accordance with state and federal regulations.

Section 7.4 Instructional Support Technicians: The work year for employees in Instructional Support Technician (IST) positions will be determined as follows:

A. Employees hired as an IST before June 30, 2017 will be guaranteed the same number of scheduled work days as assigned in the Scheduled Non-Work day letter from the 2016-2017 fiscal year. Changes may be made to the number of scheduled work days based on any of the following criteria:

i. Mutual agreement between the employee and the College. ii. Enrollment increase or decrease which results in an increase or decrease in course

sections/schedule. iii. Technology change resulting in an increase or decrease in days needed for the program. iv. Regulation changes which result in the need for training and/or professional development. v. Significant increase or decrease in program revenues. vi. Program activities which require an IST to work on a non-instructional day according to the

Academic Calendar.

B. Employees hired as an IST after June 30, 2017 will be guaranteed the number of instructional days (excluding summer) in the Academic Calendar, plus five (5) days for program needs and college activities, and the six (6) days designated on the Academic Calendar as Professional Development/In-Service Days.

C. The College will provide all ISTs a schedule of assigned work and non-work days by June 1st of each year. In the event a quarterly temporary change is necessary during the year, the College will notify the employee and Union as soon as it is known and no later than thirty (30) days prior to the start of the quarter.

D. In the event of a dispute regarding the number of scheduled work days, the employee may request a review by the Vice President of Instruction within ten (10) business days of receiving their IST schedule. The decision will be made by the Vice President of Instruction within ten (10) business days and is final. The Federation will be notified of the final decision.

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Article 8 Work Hours Section 8.1 Normal work days shall be five (5) consecutive week days, Monday through Friday, followed by two (2) consecutive non-work days (Saturday and Sunday). Alternatively, employees designated by the College whose work days regularly include Saturday or Sunday, or Saturday and Sunday, shall have as normal work days five (5) consecutive work days plus two (2) consecutive non-work days which shall be treated as their Saturday and Sunday in that order.

The College shall fill the need for employees to work alternate shifts as follows:

A. If a position vacancy exists, and the vacant position meets the alternate work day needs, then the position would be filled with a new employee from a posting that identifies the alternate work day assignment. Such assignment shall be at the College’s sole discretion.

B. If the College determines a position vacancy does not exist which may be used to fulfill the need for a particular alternate work day schedule, then qualified Employees working a normal work day schedule (Monday through Friday) will be provided an opportunity to voluntarily change to an alternate work day schedule.

C. If the College determines a position vacancy does not exist which may be used to fulfill the need for a particular alternate work day schedule, and no qualified Employees working a normal work day schedule (Monday through Friday) volunteer to change to an alternate work day schedule, then the College shall assign work day changes based upon reverse seniority within each classification assigned to the department. An employee involuntarily assigned to an alternate work day schedule will be provided three (3) weeks’ notice prior to the beginning of the alternate work day schedule.

Section 8.2 Employees working six (6) hours or more per day are required to take two (2) fifteen (15) minute rest periods as scheduled by the supervisor and a one (1) hour duty free, unpaid lunch period as part of the working day. It is recognized that the normal building schedule is built around one (1) hour lunch periods during normal office hours as established by the Board of Trustees.

Employees working alternate shifts may be scheduled for a duty-free thirty (30) minute lunch period to accommodate public or departmental needs, as determined by management, who will consider employee input. Temporary exceptions to the normal schedule may be approved by the immediate supervisor. Exceptions longer than three (3) days duration may need approval by the appropriate Executive Cabinet member. Employees will not combine a duty-free lunch period with a rest period, or rest periods, nor combine rest periods in order to shorten the length of the work day.

No employee will be required to work more than five (5) consecutive hours without a meal break. Employees who, because of student demands, are requested by their supervisor to work through the meal period shall be compensated for the time worked through the meal period at the overtime rate of one and one-half (1½) times their rate of pay.

Section 8.3 Employees working from three (3) to six (6) hours per day shall receive a fifteen (15) minute rest period as part of the paid working day.

Section 8.4 The supervisor must approve overtime work in advance, except for emergencies or unusual circumstances.

A. Hours worked over forty (40) hours per week will be paid at one and one-half (1½) times the employee’s hourly rate.

B. Work performed on holidays will be paid at two and one-half (2½) times the employee’s hourly rate.

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The supervisor will attempt to adjust the work week before assigning overtime work. Employees must take compensatory time within the current work week.

Section 8.5 The employee’s work day shall be designated by their supervisor.

Section 8.6 All authorized travel time between worksites or as part of their job duties shall be considered time worked.

Section 8.7 Employees must report all time worked each pay period.

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Article 9 Salary Section 9.1 Newly hired employees shall be placed between step C and step F of the salary schedule in Appendix A. Employees hired with an associate degree will be placed at minimum of step D. Employees hired with a bachelor’s or master’s degree will be placed at minimum of step E.

Section 9.2 Part-time employee compensation shall be paid based on the percent of full-time assignment.

Section 9.3 Employees working twelve (12) months per year shall be paid in semi-monthly payments consistent with the Washington State Office of Financial Management regulations. The semi-monthly payment, excluding overtime, shall be one-half (½) of the monthly salary as contained in Appendix A. Employees working less than full-time (40 hours per week) shall be paid a percentage of the monthly salary based upon the percentage of full-time work regularly assigned. An employee assigned overtime shall be compensated at one and one-half (1½) times the hourly rate.

Section 9.4 Compensation schedules for employees are contained in “Appendix A: Employee Salary Schedules” hereafter referred to as “Appendix A”.

Section 9.4.1 An employee working less than full-time (less than 40 hours per week) assigned extra time on a temporary basis shall be compensated based on the hourly rates contained in Appendix A.

Section 9.5 Substitutes who are subject to the provisions of this Agreement shall be paid the entry level wage rate for the position in which they are substituting.

Section 9.6 An employee who is assigned in writing by the President or an Executive Cabinet member to do the work of someone in a classification outside of the bargaining unit for ten (10) days or more shall be paid retroactive to the first day eighty-five percent (85%) of the current salary of the position or an additional fifteen dollars ($15) per day whichever is higher.

Section 9.7 An employee who is assigned in writing by the President or an Executive Cabinet member to do the work of someone of a higher classification within the bargaining unit for more than ten (10) days shall be paid at the rate of the higher classification retroactive to the first day. The rate paid shall be at the step with a monthly salary rate amount that exceeds the employee’s current monthly salary by at least three percent (3%) and no more than six percent (6%).

Section 9.8 All step advancement occurs annually on July 1 unless otherwise determined by the Legislature.

Section 9.8.1 Step advancement requires an employee to have been hired in a non-temporary position on or before January 1st of the current fiscal year.

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Section 9.8.2 The College agrees to increase the rates of pay listed in Appendix A by the same percentage or amount and upon such date as legislatively authorized and funded, and as prescribed and allocated by the State Board.

Article 10 Professional Development Section 10.1 Professional Development: The College believes it is essential to encourage the continuing growth of a well-educated, well-trained professional staff that is highly skilled in areas essential to the fulfillment of the College’s mission, strategic plan, goals, and objectives. Professional development should provide opportunities and direction to build and enhance current and future performance.

Section 10.2 Professional Development Plan: An annual professional development plan shall be developed jointly by the employee and the immediate supervisor during the evaluation process.

Section 10.3 Release Time Training: Employee planned training, as part of the professional development plan, may be scheduled within the employee’s normal work hours if approved in advance by the employee’s supervisor. The employee and supervisor shall work together to maximize equitable access to professional development opportunities.

Section 10.3.1 Employee training during work hours is expected to be approved if the supervisor is provided adequate lead time, the employee’s department is adequately staffed at the time of planned absence for training, the training is part of the professional development plan, and the training is related to the employee’s work assignment. An employee’s request to participate in training during normal work hours shall not be denied due to inaction. If a request is not acted upon by the employee’s immediate supervisor within ten (10) work days of submission to the supervisor, excluding intervening days of approved leave use by the supervisor, the request will be considered to be approved.

Section 10.4 Tuition Program: The College values and supports employee professional development and degree attainment. Tuition and fees may be paid or waived by the college for eligible employees in courses provided by the college. Registration and enrollment may be concurrent with other college students. Self-support, high demand, and other specific courses may be excluded by the Vice President of Instruction. For more information, refer to the College Policies and Procedures Manual.

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Article 11 Performance Evaluation Section 11.1 The immediate supervisor shall evaluate the performance of each employee annually before June 30 using the evaluation process and forms in Appendix B.1 and B.2. Employees and supervisors are encouraged to use the evaluation process throughout the year.

Section 11.1.1 Evaluations are due for the following employees:

● Employees whose anniversary months fall in: April, May, June, July, August, September, October, November, and December

Evaluations are not due for the following employees:

● Employees whose anniversary months fall in: January, February, and March

Section 11.2 The employee and supervisor shall complete the evaluation together.

Section 11.3 One copy of the final signed evaluation shall be given to the employee and one shall become part of the employee’s personnel file.

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Article 12 Reclassification Section 12.1 Purpose: The College makes reclassification decisions based on documented permanent changes (higher or lower) by at least twenty-five percent (25%) in an employee’s level of duties, position responsibilities, and authority. Workload changes in similar level responsibilities will not result in reclassification.

Section 12.2 General Provisions:

Reclassification requests will be processed and reviewed on two (2) cycles semi-annually. The effective dates of reclassifications and associated salary increase will be July 1 and January 1 of each fiscal year.

The College will approve a minimum of three (3) reclassifications per fiscal year if eligible applications are received. If an insufficient number of reclassification requests are submitted or approved, there will be no carryforward from the minimum to the next fiscal year. There will be at least one (1) approved reclassification each cycle, if eligible applications are received. If no applications are approved for July 1, three (3) reclassifications will be available for the January 1 cycle. Additional reclassifications may be approved depending on available funds.

Approved reclassification titles and compensation will not be retroactive. Submitted reclassifications that were not approved will not carry forward into a new cycle. Employees may resubmit a reclassification request.

Reclassifications resulting in a new position classification not included in Appendix A will require approval of the College President. If a new position classification is approved, the College and the Federation will create a memorandum of understanding.

Limitations of this section do not apply to:

Reclassifications of staff fully funded by grants, contracts, or other soft-money funding sources.

Reclassification of vacant positions by the College.

Employees must be in their position (active employment status) at least one year before they may initiate a reclassification request.

The Article 22 Grievance Procedure only applies to process but not to analysis of and decisions made about reclassification requests.

Section 12.3 Priorities: Reclassification requests will be prioritized for approval on the basis of the greatest percentage change in job duties and responsibilities. There must be a minimum of a twenty-five percent (25%) change.

Examples:

Changes that could lead to reclassification include but are not limited to:

● Moving from assisting with job duties to being responsible for job duties ● Moving from monitoring to managing ● Adding new duties to your work that are listed on a higher level job description

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Section 12.4 Process and timeline: The employee and the supervisor must meet to discuss reclassification options and process. Once the employee submits the position questionnaire to the supervisor, the following process and response times apply.

Reclassification Process and Timeline

Who What Timeline What if response time is missed?

Step 1: Response

Supervisor and Employee

Fully complete the position questionnaire including:

a) Recommendation for the reclassification from the supervisor.

b) Deny reclassification (employee may submit directly to HR if supervisor denies).

c) Reassign duties (process ends).

Must be submitted by October 1 (January cycle) and April 1 (July cycle) for consideration. HR will provide to the Union a list of submitted applications.

The process automatically moves to Step 2.

Step 2: HR Review

HR Meet with employee and supervisor to review request.

30 days The process automatically moves to Step 5

Step 3: HR Response

HR Notify employee and supervisor and Union -President in writing; denials must include an explanation.

15 days The process automatically moves to Step 5.

Step 4: Appeal

Employee or supervisor

Appeal in writing describing disagreement with the HR’s analysis.

15 days Process ends.

Step 5: Appeal Review

HR accepts or denies the reclassification request based on the information provided, discussion, and consultation with the Union during the appeal. The HR decision is final.

15 days

Section 12.5 After the reclassification process is complete, HR may conduct a workload analysis in conjunction with the employee and supervisor.

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Article 13 Leaves Section 13.1 Vacation Leaves Vacation Leave: Employees covered by the Agreement, regularly scheduled to work at least fifty percent (50%) of full-time, shall accrue vacation on a prorated basis. The vacation accrual rate schedule is:

Vacation Accrual Rate Table Number of Years Days of Vacation Accrue

1 year 12 days of vacation (8.00 hours per month) 2 years 13 days of vacation (8.67 hours per month)

3-4 years 14 days of vacation (9.33 hours per month) 5 years 15 days of vacation (10.00 hours per month)

6-9 years 18 days of vacation (12.00 hours per month) 10 years 19 days of vacation (12.67 hours per month) 11 years 20 days of vacation (13.33 hours per month) 12 years 21 days of vacation (14.00 hours per month) 13 years 22 days of vacation (14.67 hours per month)

14+ years 23 days of vacation (15.33 hours per month)

Section 13.1.2 Vacation leave shall be scheduled at a time mutually agreed upon by the employee and immediate supervisor.

Section 13.1.3 No employee may accumulate more than two hundred and forty (240) hours of vacation leave as of the date of the employee’s anniversary date of employment. If an employee does not use vacation leave in excess of two hundred and forty (240) hours by their anniversary date, then such leave shall be automatically extinguished and considered never to have existed.

Section 13.1.4 Upon termination or layoff, an employee will be paid for the accumulated vacation hours.

Section 13.1.5 Employees who transfer into the bargaining unit will accrue vacation leave based on their initial date of hire into a permanent position at the College.

Section 13.2 Sick Leave for Illness, Injury and Emergency Section 13.2.1 Sick leave for eligible employees shall be accrued at the rate of one prorated day per payroll month of employment. Leave accrual and use proration shall mean a percentage based upon an employee’s percent of full-time employment. Unused sick leave shall accumulate from year to year while the employee remains in the employ of the College.

Section 13.2.2 Emergency Leave: Employees may use up to five (5) prorated days for emergencies each year. An emergency is defined as a sudden, unexpected event which requires time away from assigned duties and which is beyond the control of the employee or which cannot reasonably be anticipated or avoided as determined by the President or designee. Emergency leave is deducted from the employee’s sick leave balance and does not accrue.

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If the employee is assigned to a worksite and that worksite closes and/or work is not possible from that location for emergency reasons before the scheduled workday has begun, the employee must work with their supervisor to select, approve, and communicate one or a combination of the following options:

1. Using emergency leave as detailed in Section 13.2.2. 2. Using Vacation or Personal leave. 3. Working from an alternate worksite during the closure. 4. Completing work that includes a combination of typical work duties and/or professional

development as applicable. 5. Making up time through a temporarily revised work schedule approved by the employee’s

supervisor. If the employee is assigned to a worksite and that worksite closes and/or work is not possible from that location for emergency reasons after the scheduled workday has begun, and alternative work is not possible as described in 1-5 above, the employee shall suffer no loss in pay, nor shall any accrued leave be charged.

Section 13.2.3 Sick pay will be paid only for periods of absence caused by the employee’s personal illness or injury, serious illness or injury of the employee’s spouse, or, in accordance with state statute, for the illness of a dependent child.

Section 13.2.4 Absences of Illness requires employees to notify the supervisor of the anticipated duration of the absence in advance of the start of the work schedule. If it appears the leave provisions of Section 13.2 are being abused, the College may require the employee to submit proof of illness or injury. For example, absences due to illness of 5 days or a pattern of absences on particular days of the week or related to particular events/holidays. Section 13.2.5 Employees who resign or are terminated lose the benefit of accrued sick leave.

Section 13.2.6 In the event an employee returns to the employ of the College within three (3) years after layoff, accumulated sick leave may be re-established upon the request of the employee.

Section 13.2.7 Employees granted an approved leave of absence retain accrued sick leave, but do not accrue sick leave during the approved leave of absence.

Section 13.2.8 Attendance Incentive Program: In January of the year following any year in which a minimum of sixty (60) days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one (1) day’s monetary compensation of the employee for each four (4) full days of accrued leave for illness or injury in excess of sixty (60) days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four (4) days for every one (1) day’s monetary compensation.

At the time of separation from employment due to retirement or death, an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one (1) day’s current monetary compensation of the employee for each four (4) full day’s accrued leave for illness or injury.

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The provisions of this section shall be administered in accordance with state law and applicable state rules and regulations. Should the Legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right

Section 13.3 Voluntary Employee Beneficiary Association (VEBA) State statute provides the College means to take funds it would otherwise pay to eligible retiring employees as a cash-out of compensable sick leave and use them instead to give those employees a medical expense benefit plan. The College deposits those funds in a tax-free VEBA trust account on those employees’ behalf. The retired employee can get reimbursed from the trust account to pay qualified post-retirement medical, dental, and vision expenses, including premium and out-of-pocket expenses. In doing this, the College makes no representations about, and assumes no responsibility for, the tax consequences.

Applicable provisions of the Internal Revenue Code and state statutes govern taking part in this medical expense benefit plan. These requirements, and any changes that apply, will prevail over this section for any conflict. The College will automatically implement any changes in the legal requirements that govern the VEBA’s establishment and administration. If changes in these legal requirements occur that result in significantly more administrative work for the College, the College will notify the Union as to how it plans to implement the changes and/or may terminate section 13.3 for the next year after written notice.

To take part in the plan, eligible retiring Union members must sign the required agreement to hold the College harmless for an adverse tax finding. The Union and the College agree, and each employee will agree, that an eligible employee who refuses to execute this required hold-harmless agreement gives up all payment for sick leave that is compensable on retirement.

The Union agrees to hold elections every year of its membership about taking part in the VEBA and to notify the College in writing of these election results and of Federation participation in the VEBA for the next year on or before December 31 of each year. If the College does not get this written notice from the Union , the default for the upcoming year is participation in the VEBA. This section, with the dates modified as appropriate, governs all participation in the VEBA.

Section 13.4 Civil Leave

Section 13.4.1 An employee who is called for jury duty shall receive compensation at the employee’s own rate on the applicable salary schedule less the amount which is earned while serving in that capacity.

Section 13.4.2 An employee who is subpoenaed to appear in court as a witness other than on their own behalf or interest shall receive compensation at the employee’s pay rate, less the amount received for fees. If the employee is plaintiff or defendant in the case, there shall be no compensation.

Section 13.5 Bereavement Leave

Section 13.5.1 Any employee suffering a death in the immediate family shall be allowed up to five (5) work days leave from work with pay, at the regular rate. Bereavement leave shall be non-accumulative.

Section 13.6 Personal Leave Regular employees who successfully complete the probation period may use up to four (4) prorated days of personal leave with pay per year. Personal leave must be pre-approved by the immediate supervisor.

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Section 13.7 Leave of Absence

Section 13.7.1 Upon recommendation of the immediate supervisor and approval by the College President or designee, an employee may be granted a leave of absence without pay for a period not to exceed one (1) year, or two (2) years in the event of an on-the-job injury. A leave of absence may be granted for illness, injury, surgery, or other temporary disability; educational pursuits; or for professional, family, or other personal reasons.

Section 13.7.2 Upon expiration of a leave of absence for temporary disability of one year or less, the employee will be assigned to the same position. If the position no longer exists, the employee will be assigned to a position for which the employee is qualified and that is equivalent in duties and salary to that held at the time the request for leave of absence was approved. Employees returning from a leave of absence for temporary disability which exceeds one year (two [2] years for on-the-job injury) will be assigned to a position for which the employee is qualified and that is equivalent in duties and salary to that held at the time the request for leave of absence was approved when one becomes available. Refusal to accept the position may be cause for termination.

Section 13.7.3 An employee returning from a leave of absence of less than sixty (60) work days will be reinstated in the same position held prior to the leave. An employee who returns from leave of absence in excess of sixty (60) work days will be reinstated in the same position held prior to the leave if the position exists or in a vacant position for which the employee is qualified and that is equivalent in duties and salary to that held at the time the request for leave of absence was approved; provided, that if an employee refuses an offer of such employment, the College is released from all obligation under this Article. An employee may choose to be reinstated in a vacant position for which the employee is qualified, but which is of less status and pay; provided, that should an employee voluntarily accept a position of less status and pay in order to expedite a return to active pay status, the employee shall forfeit all other rights guaranteed in this paragraph.

Section 13.7.4 The employee shall retain accrued sick leave, vacation leave, and seniority rights while on an approved leave of absence. An employee granted a leave of absence may, at their option, be allowed compensation for their leave in accordance with sick leave and vacation leave policies.

Section 13.7.5 Sick leave, vacation leave, and other benefits shall not accrue while an employee is on an approved leave of absence.

Section 13.7.6 Persons hired to fill positions of employees who are on an approved leave of absence will be assigned to such positions for a specific period of time, during which time they will be subject to all provisions of this Agreement. Such employees will not be guaranteed employment beyond the term of the leave.

Section 13.8 Family and Medical Leave (FMLA)

Section 13.8.1 The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

A. Twelve (12) workweeks of leave in a 12-month period for: i. The birth of a child and to care for the newborn child within one year of birth.

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Ruby Hayden

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ii. The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.

iii. To care for the employee’s spouse, child, or parent who has a serious health condition. iv. A serious health condition that makes the employee unable to perform the essential

functions of his or her job. v. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter,

or parent is a covered military member on “covered active duty”. B. Or, twenty-six (26) workweeks of leave during a single twelve (12) month period to care for a

covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, child, parent, or next of kin (military caregiver leave).

Section 13.8.2 A. Employees are eligible if they worked a total of at least twelve (12) months in state service and at

least one thousand two hundred and fifty (1,250) hours during the twelve (12) months before the start of the leave.

B. Serious health condition: an illness, injury, impairment, or physical or mental condition that involves continuing treatment by a health care provider or inpatient care in a hospital, hospice, or residential medical care facility.

C. Parent: a biological parent or de facto parent. Child: a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under eighteen (18) or eighteen (18) or older and incapable of self-care because of a mental or physical disability.

D. While an employee is on family and medical leave, the College will continue health benefits (medical and dental, basic life insurance, and basic long-term disability coverage). Employees may continue all optional benefits on a self-pay basis. The employee must make arrangements in advance with Human Resources.

E. When foreseeable, the employee must give thirty (30) days’ notice of the leave’s start date, unless circumstances dictate otherwise. In that case, the employee will provide such notice as is practical. An employee who undergoes planned medical treatment must make a reasonable effort to schedule the treatment to minimize disruption in the College’s operations.

F. The College may require employees to provide certification from their health care provider, or a family member’s health care provider as to the:

i. Date the condition began. ii. Duration. iii. Need for the leave. iv. Employee’s inability to perform the job functions.

When the employee returns to work, the College may require the employee to provide certification from the health care provider that the employee can resume work.

G. The employee will return to the position held when the leave began, or to an equivalent position if the previous position no longer exists.

H. If the employee chooses to not return to work for reasons other than a continued serious health condition, the College may recover the premium it paid for the employee’s health coverage.

I. Family and medical leave does not accrue from year to year.

Section 13.9 Washington Paid Family and Medical Leave Act: A qualifying employee may take family leave in accordance with the Washington Paid Family Leave Act, RCW 50A.04. Leave generally will coincide and run concurrently with the FMLA leave.

For union members, the College pays .147 % and the employee pays .253% of the employee’s salary under Washington State’s Paid Family and Medical Leave Program (RCW 50A.04). This program and its eligibility criteria are managed by Washington’s Employment Security Department (ESD).

Notification to the Employer: When applying to ESD, employees must also notify the Employer of the need for leave; employees should provide at least 30 days’ advance notice of foreseeable leave and for unforeseeable leave notice should be given as soon as practicable.

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Employees may not supplement the State PFML benefits with accrued or other paid leave from the Employer and will not be eligible for PFML benefits if receiving time loss benefits through the workers compensation system. When an employee is on leave and receiving PFML benefits from the State, the employee is deemed to be in unpaid status for purposes of the Employer’s policies. Insurance coverage will be handled in the same manner as other unpaid leaves of absence, pursuant to the employer’s policy and subject to any FMLA requirements requiring the continuation of coverage.

Section 13.10 Union Business Leave: The College shall grant up to eighty-eight (88) hours per fiscal year to employees for the purpose of Union business. Forty (40) hours of unused Union business leave may be carried forward each year of the contract to a maximum of one hundred and sixty-eight (168) hours being available in the third year of the contract.

Every effort will be made to provide three (3) days’ notice for leave using the college leave approval process. Leave applications will be approved by the Union President or designee prior to submittal to the employee’s supervisor. Requests are subject to approval by the supervisor. If the College determines that a substitute is needed, the Union shall reimburse the College the costs of a substitute’s salary for each such release.

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Article 14 Holidays Section 14.1 Employees regularly scheduled to work fifty percent (50%) or more of full-time (20+ hours per week) shall be eligible to receive pay for the following recognized holidays:

● Independence Day (July 4th) ● Labor Day ● Veteran's Day ● Thanksgiving Day ● Native American Heritage Day ● Day Before Christmas Day ● Christmas Day ● New Year's Eve Day ● New Year's Day ● Martin Luther King, Jr.’s Birthday ● President's Day ● Memorial Day

Section 14.2 When a holiday falls upon a Saturday or Sunday, the President or designee shall determine and designate the day to be recognized as the holiday. Section 14.3 Employees receive their regular rate of pay for holidays provided that they are in pay status the scheduled work day prior to and the scheduled work day following the recognized holiday.

Section 14.4 All work performed on holidays shall be compensated at two and one-half (2 ½) times the employee’s hourly rate.

Section 14.5 Eligible employees shall receive holiday pay in proportion to the employee’s percent of full-time employment. For example:

A. An employee working forty (40) hours per week receives eight (8) hours of holiday pay for each holiday.

B. An employee working twenty-four (24) hours per week receives four point eight (4.8) hours of holiday pay for each holiday.

C. An employee working twenty (20) hours per week receives four (4) hours of holiday pay for each holiday.

D. An employee working nineteen (19) hours per week does not receive any holiday pay.

Section 14.6 Employees working a non-standard work week shall arrange with their supervisor to adjust the weekly work schedule or submit for leave to compensate for the difference between holiday pay and the total hours in a regularly scheduled work week.

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Examples: An employee scheduled to work twenty (20) hours per week on a non-standard four (4) day work schedule Monday through Thursday, five (5) hours per day receives four (4) hours of holiday pay for each college holiday.

A. A holiday that falls on a Monday would require that the employee work with their supervisor and: i. Schedule sixteen (16) hours of work throughout the rest of the week, or ii. Schedule one (1) hour of vacation, personal leave, or leave without pay for the Monday

holiday in addition to working the remaining fifteen (15) hours of the work week. B. Work weeks that have more than one holiday (e.g., Thanksgiving and the Native American

Heritage Day) would require the employee to work with their supervisor and: i. Schedule twelve (12) hours of work throughout the rest of the week.

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Article 15 Health Care Insurance and Retirement Benefits Section 15.1 Insurance eligibility is established by the Public Employee Benefits Board (PEBB) consistent with state statute. The College shall implement applicable changes in eligibility established by the PEBB and shall notify the Federation upon receiving said notice from the PEBB.

Section 15.1.1 Health care insurance coverage for new eligible employees begins on the first day of the month following employment, or if you start working on the first working day of the month, coverage begins that day.

Section 15.2 Retirement eligibility is established by the Department of Retirement Systems (DRS) consistent with state statute. The College shall implement applicable changes in eligibility established by the DRS and shall notify the Union upon receiving said notice from the DRS.

Section 15.3 Questions about insurance benefits should be referred to the College Payroll Office.

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Article 16 Discipline Section 16.1 No employee shall be disciplined without cause. Employees shall have the right to have a Union representative present at any meeting or conference with a supervisor or administrator which involves a reasonable belief that they may be subject to disciplinary action or other actions that may adversely affect their conditions of employment. When an employee requests a Union representative, it shall be the employee’s responsibility to contact a representative. Employees may not delay meeting if a representative is not available within two (2) business days.

Discipline shall be corrective rather than punitive and shall, except for serious offenses, follow a line of progression:

A. Documented verbal warning 1. Documentation must be in writing to the employee within two (2) business days of the

warning to the employee with clear expectations for improvement; refusal to acknowledge warning does not exempt the employee/supervisor from meeting stated expectations

2. Documentation is maintained by the supervisor and the employee and may be used in future discipline action (16.1.B-D)

3. The employee may share this information with the Union and request representation at their discretion

B. Written warning 1. Documentation must list the date of the documented verbal warning or an explanation of

why that step was skipped and include clear expectations for improvement; refusal to acknowledge warning does not exempt the employee/supervisor from meeting stated expectations

2. Documentation is maintained by the supervisor and the employee and may be used in future discipline action (16.1.C-D)


C. Performance Improvement Plan (PIP) 1. This requires a formal investigation as described in 16.2.A-D. 2. The employee has the right to Union representation at any related meeting. 3. This PIP must include a specified time frame and a mid-point review. 4. The PIP exists in the employee file in Human Resources

D. Discharge 1. This requires a formal investigation as described in 16.2.A-D. 2. The employee has the right to Union representation at any related meeting. 3. The documentation exists in the employee file in Human Resources

Section 16.1.2 In determining the level of discipline to apply, the supervisor shall consider both the nature and seriousness of the offense and the employee’s past work record. Discipline shall be administered progressively for similar offenses. When time passes between similar offenses, discipline shall continue along with the line of progression as long as documentation is still in the employee file (see Section 4.4). When an offense is clearly dissimilar, a new line of progressive discipline shall be established.

Section 16.1.3 To ensure timely and corrective action, verbal and written warnings may take place at supervisor discretion within two (2) business days of the incident with or without a formal investigation. Verbal warnings are not subject to the grievance procedure set forth in Article 22.

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Section 16.1.4 Performance Improvement Plans and discharge may only be initiated after an investigation as described in Section 16.2.

Section 16.2 Investigations are a process initiated when a supervisor has reason to believe that discipline may result from an allegation or the discovery of misconduct. Investigations must occur before performance improvement plans or discharge is initiated. They may or may not be needed for verbal or written reprimands. The supervisor shall consider both the nature and seriousness of the suspected, apparent, or alleged offense when determining whether to conduct an investigation. This process involves the following:

A. Allegation - The supervisor or human resources receives information that misconduct may have occurred.

B. Information Gathering – An initial data collecting process by the supervisor or human resources regarding an allegation that may or may not lead to an investigation.

C. Notice – Prior to an investigatory meeting, the employee shall be provided a written statement that identifies the alleged offense, the date and time of the meeting, and a reminder of the employee’s right to representation.

D. Investigation – The supervisor or human resources will meet with the employee (investigative meeting), relevant witnesses, and evaluation applicable evidence before reaching a decision.

i. The employee shall be given an opportunity to present their perspective on the information gathered in the investigation prior to any decision on discipline being made.

ii. The employee may have a Federation representative present during investigatory interviews or disciplinary meeting.

Section 16.3.1 A serious offense is misconduct that undermines or destroys the trust and confidence an employer has placed in the employee. It is likely deliberate or substantially careless. Examples of a serious offense might be theft or embezzlement, willful violation of college policies and procedures, conviction of criminal acts off campus that are related to primary job duties, gross or willful insubordination, gross misconduct, behavior that endangers the health and safety of the employee or others, neglect of duties, sexual or other harassment or abuse of any type of a student or staff, drunkenness, or substance abuse on duty.

Section 16.3.2 The employee may be placed on paid or unpaid administrative leave during the investigation. The employee and Union will receive written notice of administrative leave at or before the time of verbal notice.

Section 16.4 In all cases the College will follow Section 4.4 related to documentation.

Section 16.5 In no cases will Article 16 apply to probationary employees.

Section 16.6 Off-duty Activities: The off-duty activities of an employee may be grounds for disciplinary action if said:

A. Are conflicts of interest as set forth in RCW 42.52 (Ethics in Public Service), B. Are detrimental to the employee’s work performance or the operation of the Employer, OR C. Otherwise constitutes just cause.

No part of the above section will be construed to prevent an employee from:

A. Engaging in off duty political speech that is not discriminatory.

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B. Making off duty complaints about the workplace that do not rise to the level of creating a hostile work environment or harming the integrity of the College.

Employees will report all arrests and any court-imposed sanctions or conditions that affect their ability to perform assigned job duties within twenty-four (24) hours prior to their scheduled work shift, whichever occurs first.

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Article 17 Discharge Section 17.1 No employee shall be discharged without just cause. Just cause means:

A. Notice: The employee knew of the College’s policy/procedures/expectations. B. Reasonable Rules & Orders: The College’s policy/procedure/expectation was reasonable. C. Investigation: The College investigated to determine that the employee violated the

policy/procedure/expectation. D. Fair Investigation: The investigation was fair and objective. E. Proof: Substantial evidence existed of the employee’s violation of the

policy/procedure/expectation. F. Equal Treatment: The College’s policy/procedure/expectation was consistently applied. G. Penalty: The discipline was reasonable and proportional to the misconduct.

Section 17.2 The College must provide due process to the employee prior to discharge. After investigation as described in Section 16.2, this includes:

A. Pre-Discipline Meeting: If the College believes discharge is a possible outcome to an investigation of misconduct, it will provide a “notice of intent to discipline” letter to the employee, union, human resources, and the supervisor that provides:

i. Notice of charges arising from the investigation. ii. Review of evidence the employee was aware of policies and/or performance

expectations. iii. Request for pre-discipline meeting including the date and time of the meeting and a

reminder of the employee’s right to representation. The pre-discipline meeting is an opportunity to either discuss with the College in person, or provide in writing, responses to the charges and any additional information needed to assist the College in determining what ultimate action should be taken.

B. Notice of Decision: If the College determines discharge is the appropriate decision it will send a letter to the employee, union, human resources, and the supervisor documenting:

i. Summary of the basis for termination. ii. Summary of the investigation. iii. Summary of the investigative interview. iv. Review of the policies and/or performance expectations. v. Review of the pre-disciplinary meeting. vi. Description of the final disciplinary action.

Section 17.3 In no cases will Section 17 apply to probationary employees.

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Article 18 Vacancies Section 18.1 The College encourages job advancement for employees. Hiring officials are encouraged to consider the advantages of filling job vacancies by promoting from within the College.

Section 18.2 Posting Vacancies: Notices of position vacancies which occur within the bargaining group which cannot be filled by a qualified laid-off bargaining unit employee shall be posted on the Human Resources job board with a copy forwarded to the Union President. All notices of position vacancies shall remain posted for a minimum of five (5) consecutive work days. All such posted position vacancies shall identify the work hours, salary, and duration of grant funding if applicable.

Section 18.3 Filling Vacancies: The College maintains its prerogative to interview and select applicants for employment. Bargaining unit employees who meet the qualifications and criteria specified on job postings are encouraged to apply for such positions. An employee may apply for such positions by submitting a current résumé and application. The College’s decision regarding the qualifications and the selection of the finalist shall not be subject to Article 22 of this Agreement.

Section 18.4 Initial Interview: The College agrees to grant an interview to current employees who meet the minimum qualifications and who apply for a vacant position covered by this Agreement by the earlier of the screening date or the closing date. Any internal applicant not selected for the position may request a written analysis of their skills related to the position.

Section 18.4.1 When the qualifications and experience of a bargaining unit applicant and an outside applicant are determined by the College to be equivalent, the qualified bargaining unit applicant shall be given the available position. The College’s decision regarding qualifications is not subject to Article 22 of this Agreement.

Section 18.5 Transfers: Transfer shall mean movement at the direction of the College to a position in the same or lower salary level; such a transfer occurs regardless of the preference of the employee. Employees transferred shall receive their current salary rate until the salary rate of the new position equals that of the former position. An employee may only be transferred once every three (3) years unless they are the only employee in the department.

Section 18.6 Promotion: Promotion shall mean movement to a classification on a higher salary level. Promotion to a classification on a higher salary level will be to the step with a monthly salary amount that exceeds by at least four percent (4%) the monthly salary amount at the employee’s old salary level and step.

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Article 19 Seniority Section 19.1 Seniority shall be defined as the length of service with the College as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s first work day within the bargaining unit. In the event that more than one employee has the same starting date of work, position on the seniority list shall be determined by the person with the higher social security number being most senior. The Human Resources Office will maintain a list of seniority by department and/or program and provide it to the union upon request. The list shall be reviewed annually by the Labor/Management Committee.

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Article 20 Layoff and Recall Section 20.1 Layoff Definition Layoff shall be defined as follows: Termination of employment due to economic setback, inoperable facilities, a decrease in the workload, or other conditions that reasonably requires a reduction in force. Economic setbacks necessitating layoff include the following:

A. Program closure or enrollment decline; B. Overall college enrollment decline; C. Other events resulting in reduction in revenue; D. Termination or reduction of funding of categorical projects.

Section 20.2 Layoff Procedures A. If the College decides that layoff is necessary, it shall determine the number of employees and job

classifications to be reduced. The College agrees to explore other options with the Union (i.e. attrition, job sharing, reduced work hours, voluntary leaves without pay, voluntary layoff, etc.) prior to implementing layoffs.

B. Layoff shall be conducted by department and/or instructional program in inverse order of seniority within the job classifications specified in Section 19.1. Exception:

1. Employees hired for positions where the base salary (excluding extra or overtime hours) is one hundred percent (100%) funded by grant-, contract-, or other soft-money are subject to layoff in inverse order of seniority within the group of employees wholly funded by that grant-, contract-, or other soft-money source prior to consideration of seniority across the entire bargaining unit. It is the intent of this language that employees hired on limited-length grant, contract, or other soft-money programs not displace other bargaining unit members normally funded by state-supported programs.

The College shall be the sole determiner of classifications selected for layoff. This determination shall not be subject to the grievance procedure of this Agreement.

C. Employees selected for layoff within each department and/or program shall be included on the seniority lists based on job classification.

A. All laid off employees shall be placed on a recall list and remain there for twenty-four (24) months.

Section 20.3 Layoff Notification A. The College shall meet with a representative of the Union to provide the names of employees to

be laid off, their funding source, and reasons for the layoff. B. Employees to be laid off shall be notified by the College in writing at least thirty (30) days prior to

the effective date of layoff.

Section 20.4 Temporary Layoffs A. The college agrees to not impose mandatory furloughs for any number of days for the life of the

contract. B. This section will not be interpreted to restrict the college from assigning work-days on an annual

basis to ISTs or temporary employees.

Section 20.5 Recall Procedures A. If the College elects to fill open positions it shall do so in accordance with the Vacancies Article. B. Laid-off employees shall state in writing the job classifications and the number of hours they are

willing to accept if recalled.

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C. The question of qualification shall be determined solely by the College and such determination shall not be subject to the grievance provision of the Agreement.

D. Persons in the recall pool shall be responsible for providing their current address, email address, and telephone number with the Human Resources office and specifying their preferred method of contact.

E. The College shall first attempt to reach persons selected for recall by their preferred method of contact. If not successful, the College shall attempt to reach impacted persons by one additional method. The individual will have three (3) business days following attempted contacts to accept employment in the position. In the event that the person selected for recall fails to notify the College of intent to accept the position within the three (3) business days or the person declines employment in the position, all recall rights are lost. Then the College shall consider the next eligible person in order of recall.

F. The employee’s seniority at the time of layoff shall be reinstated upon return to active employment within the bargaining unit.

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Article 21 No Strike Agreement Section 21.1 The parties agree that there shall be no strike or lockout during the life of this Agreement. The Union further agrees not to honor, or to encourage its members to honor any strikes, picket lines, or other concerted work stoppages that may be established by any other employee organization employed by the College. However, no member of the bargaining unit will be required to do the work of striking employees outside this bargaining unit.

In the event of a strike by another organization, the Union and Management agree to immediately discuss possible procedures needed to ensure the safety of non-striking employees.

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Article 22 Grievance Procedure Section 22.1 The College and the Union recognize that early settlement of grievances is essential to sound employee-employer relations. Grievances arising between the College and employee(s) within the bargaining unit shall be subject to these grievance provisions. Title IX cases will follow the college’s Title IX policies and procedures.

Section 22.2 Grievance Requirements The following requirements apply to the proper implementation of the provisions of this Article. They are provided in order to clarify and preserve the requirements and the interests of the employees, the Union , and the College.

Section 22.2.1 Timelines A. “Days” as used in this Article shall mean business days (Monday - Friday, excluding Saturdays,

Sundays, holidays) unless stated otherwise. B. Grievance claims involving retroactive compensation will be limited to no more than one year prior

to the written submission of the grievance to the College. C. A grievance must be filed within twenty-five (25) days after the grievant should have reasonable

knowledge of the action or inaction that gives rise to the alleged grievance. Nothing in the procedure outlined below will preclude the settlement of differences in an informal manner.

D. Failure by the grievant or Union to comply within the time limit at any step shall constitute acceptance of the College’s last response. Failure by the College to comply with the grievance time limit at Step 1 or Step 2 shall automatically advance the grievance to the next step. Failure by the College to comply with the grievance time limit at Step 3 shall constitute settlement in favor of the grievant(s) and the remedy sought in the grievance shall be implemented.

E. If the grievance has not been satisfactorily resolved at any step either party may, within five (5) days request mediation as provided for in this Article.

F. Time limits may be waived or extended by written mutual agreement of the parties.

Section 22.2.2 Notices A. The written statement of the grievance shall contain the following: (a) a brief description of what

happened and who was involved; (b) a reference to the specific articles and sections of the Agreement alleged to have been violated; and (c) the remedy sought.

B. The Union shall notify the College of the name of the Grievance Committee . In the event a grievance is to be handled by someone other than the Grievance Committee, the Federation shall provide the College with the name of the designee.

C. A copy of the grievance shall be sent to the Executive Director of Human Resources. D. The College shall send a copy of any official grievance communication to the grievant, the

Grievance Committee, or designee, and the Union President.

Section 22.2.3 Information A. Upon a reasonable request of the Union, the College shall cooperate in the Union’s investigation

of any grievance and shall furnish the Union such information germane to the grievance. B. All documents, communications and records dealing with a grievance shall be filed in a grievance

file and that file shall be held separate from the grievant’s personnel file.

Section 22.2.4 Participation A. Grievance discussions shall take place whenever possible on work time, and without loss of pay or

benefits, if the employee is on pay status. A fair and reasonable opportunity shall be afforded for all persons, including witnesses, to attend grievance meetings/discussions but only for the period of time they are needed to provide input or testify.

B. A representative of the Union shall be given reasonable opportunity to be present and speak on behalf of the grievant, if the grievant so desires, at any meeting or hearing held for the purpose of

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grievance resolution. If the grievant chooses not to be represented, the Union shall have the right to be represented at each step of the procedure. In the event more than one Union representative has been involved in a grievance procedure and their presence is needed at a grievance meeting for continuity, the Union shall notify the College in advance.

C. The decision to continue a grievance rests with the Union.

Section 22.2.5 In arriving at any disposition or settlement, neither party shall have the authority to alter, add to, delete or amend this Agreement.

Section 22.2.6 The College shall not discriminate against any individual employee or the Union for taking action under this Article.

Section 22.3 Grievance Steps

Section 22.3.1 Discussion: Prior to filing a grievance the employee may meet with the immediate supervisor to attempt to understand and resolve the issue. A representative of the Union may be invited to attend at the employee’s option. By mutual consent the employee and supervisor may also involve others in their discussions if it is believed they would be helpful in resolving the issue. During the time such discussions are taking place the twenty-five (25) day limitation for filing a grievance shall be in effect unless an extension is agreed to in writing or extended verbally and confirmed in writing. These discussions shall not constitute a Step 1 grievance.

Section 22.3.2 Step 1, Supervisor: The grievant shall first present the grievance to their immediate supervisor in an effort to resolve the grievance at this level. The employee, or the Union representative if one is present, shall state the section(s) of the Agreement allegedly being incorrectly interpreted, applied, or violated and that this is a Step 1 grievance discussion. The supervisor shall arrange for a Step 1 meeting with the grievant to take place within ten (10) days of receipt of the grievance. The supervisor shall provide the grievant and the Union with a written response to the grievance within five (5) days following the Step 1 meeting. Such response shall include the reasons upon which the decision was based.

Section 22.3.3 Grievance Mediation (Optional Step): Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation.

A. If the grievance has not been satisfactorily resolved at any step prior to arbitration either party may, within five (5) days of the written decision, request mediation. If the parties are in agreement that the grievance is suitable for mediation they will submit a joint request to the Federal Mediation and Conciliation Service or Public Employment Relations Commission for the assignment of a mediator. Grievance mediation shall be completed within twenty-five (25) days of the request. The twenty-five (25) day timeline may only be extended by mutual consent of the parties. If the parties do not agree to a time extension, the mediation request shall be withdrawn and the grievance process shall be resumed.

B. The grievance mediation process shall be informal. Rules of evidence shall not apply and no formal record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint or separate caucuses.

C. At the request of both parties, the mediator shall issue a recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case.

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D. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the parties shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedent setting.

E. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration.

Section 22.3.4 Step 2, Executive Cabinet Member: If no settlement is reached at Step 1, the Federation may advance the grievance to Step 2 and submit to the supervisor’s Executive Cabinet Member a written statement of the grievance. Such written statement shall be on a grievance form and submitted within five (5) days of the Step 1 written response.

In the event the Executive Cabinet Member who supervises the supervisor in Step 1 has been directly involved with the decision causing the grievance, an alternate Executive Cabinet Member may be used at this step. The Executive Cabinet Member shall arrange for a Step 2 meeting with the grievant to take place within ten (10) days of receipt of the grievance. The Executive Cabinet Member shall provide the grievant and the Union with a written response to the grievance within five (5) days following the Step 2 meeting. Such response shall include the reasons upon which the decision was based.

Section 22.3.5 Step 3, President Level: If no settlement has been reached at Step 2 within the specified time limits, and the Union believes the grievance to be valid, the written grievance shall be submitted to the President by the Union within fifteen (15) days. The President shall arrange for a Step 3 meeting with the grievant to take place within ten (10) days of receipt of the grievance. After such meeting, the President or designee(s) and the Union will have ten (10) days to resolve it by indicating on the statement of grievance the disposition and signing it.

Section 22.3.6 Step 4, Arbitration: If a grievance is not satisfactorily resolved at Step 3, the Union may, within ten (10) days after receipt of the written response in Step 3, submit the grievance to the American Arbitration Association for arbitration under their voluntary labor arbitration rules and within the following guidelines:

A. The arbitrator shall have no power to change, alter, detract from, or add to the provisions of this Agreement.

B. The arbitrator’s decision shall be final and binding on the College and the Union. C. The fees and expenses of the arbitrator shall be shared equally by the College and the Union. All

other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.

D. The College and Union shall not be permitted to assert in arbitration proceedings any new grounds or rely on any evidence not previously disclosed to the other party.

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Article 23 Conditions of the Agreement Section 23.1 Status of Agreement Once a tentative agreement on a collective bargaining agreement has been reached, such Agreement shall become effective when ratified by the Union and approved by the Board of Trustees and executed by authorized representatives thereof and may be amended or modified only with the mutual consent of the parties.

Section 23.1.1 This Agreement shall supersede any rules, regulations, policies or resolutions of the College which are contrary to or inconsistent with its expressed terms.

Section 23.2 Waiver and Complete Agreement The parties acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement. The Union voluntarily and without reservation waives the right, and agrees that the College shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

This Agreement constitutes the entire Agreement between the parties and concludes collective bargaining for its term; subject only to a desire by both parties to mutually agree to amend or supplement at any time.

Section 23.3 Severability In the event that any provision of this Agreement shall be held invalid by a court of competent jurisdiction, PERC, or other legal authority, such decision shall not invalidate the entire Agreement, it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

Section 23.4 Duration This Agreement will be effective as of July 1, 2021, and will continue in full force and effect through June 30, 2024.

If unrestricted revenue levels are better than the average of the last 3 years excluding FY21 (i.e. FY20, FY22, FY23), Article 9 Salary may be reopened.

All terms and conditions of this Agreement remain in effect during the course of negotiations if negotiations extend beyond the expiration date of the Agreement.

Section 23.5 One Time Contract Provisions In addition to the provisions of this Agreement, the following one-time provisions will apply:

1. The salary schedule will be modified effective July 1, 2021: a. To eliminate positions/salaries under $20 per hour with the exception of using Step A for

on-call employees, temporary employees, and an Office Assistant I (which is only used for on-call and temporary employees).

b. The wait time to advance from Step J to Step K will reduce to three years. c. Step L will be added; members must remain on Step K for three years prior to

advancement. d. Step M will be added; members must remain on Step L for five years prior to

advancement.

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2. Effective July 1, 2021 instead of the regular step advancement, all members employed prior to January 1, 2021 will advance 2 steps on the schedule unless #3 or #4 apply.

3. Members earning less than $20 per hour will be reclassified into the most appropriate higher classification title that earns at least $20 per hour unless moving two steps would result in a higher level of pay.

a. The minimum number of reclasses guaranteed under section 12.2 are replaced in Year One of this agreement by #3.

4. Members at Step J or K will both retain all years accrued towards advancing on the salary schedule and be credited with two years, instead of the normal one, on July 1, 2021. For example:

a. A member on Step J who has completed four years of service towards step K as of July 1, 2021 will advance to Step K on July 1, 2021 and will carry forward one year of service and two additional years of service will be added (i.e. they will be three years towards Step L and will advance to L on July 1, 2022).

b. A member on Step K, who has been on K for two years as of July 1, 2021, will receive two additional years of service on July 1, 2021 and will therefore have two years from the time spent moving from J to K under the former contract, plus the two years on Step K, plus the two years of service awarded on July 1, 2021. Their placement on the new schedule will be Step L and three years of service towards Step M.

Section 23.6 Conformity to Law This Agreement shall be governed and construed according to the Constitution and laws of the state of Washington. If any provisions of this Agreement, or any application of this Agreement to any employee or groups of employees covered hereby will be found contrary to law by a tribunal of competent jurisdiction, such provisions or applications will have effect only to the extent permitted by law, and all other provisions or applications of this Agreement will continue in full force and effect.

Section 23.6.1 If any provision of this Agreement is found to be contrary to law, the College and Federation agree to commence bargaining on such provision as soon as reasonably possible.

Section 23.7 Distribution of Agreement A copy of the final Agreement shall be proofread and agreed to by both parties prior to printing. The College shall print finished copies of this Agreement and distribute to all members of the bargaining unit.

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LAKE WASHINGTON INSTITUTE OF TECHNOLOGY FEDERATION OF CLASSIFIED EMPLOYEES, LOCAL NO. 4787

DATED: __________________________

BY __________________________________

BY __________________________________

LAKE WASHINGTON INSTITUTE OF TECHNOLOGY, DISTRICT NO. 26

DATED: __________________________

BY __________________________________

BY __________________________________

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Appendix A Employee Salary Schedule Salary Level

Classification Titles

20-24 Office Assistant (only used for temporary positions) 50-54 Administrative Assistant III, Fiscal Technician II, Help Desk Technician I, Library Technician I,

Program Assistant II 60-64 Fiscal Technician III, Administrative Assistant IV, Early Childhood Specialist III, Library

Technician II, Program Assistant III, Admission Coach 70-74 Computer Lab Technician, Help Desk Technician II, Instructional Support Technician I, Lead

Admission Coach 80-84 Administrative Assistant V, Library Technician III, Procurement Specialist, Early Childhood

Specialist IV 90-94 Accountant, Financial Aid Specialist, Payroll Technician, Instructional Support Technician II

Monthly Salary and Hourly Rate Schedule Effective July 1, 2021

Salary Level

Monthly / hourly

Sub/On-Call

(only)

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K

STEP L

STEP M

50 Monthly 2751 2973 3089 3213 3341 3475 3611 3755 3899 4015 4176 4343 Hourly 15.81 *17.09 *17.75 *18.47 *19.20 *19.97 20.75 21.58 22.41 23.07 24.00 24.96

60 Monthly 3009 3252 3381 3516 3651 3798 3949 4105 4266 4393 4569 4751 Hourly 17.29 *18.69 *19.43 20.21 20.98 21.83 22.70 23.59 24.52 25.25 26.26 27.31

70 Monthly 3126 3377 3512 3649 3795 3943 4100 4263 4433 4566 4749 4939 Hourly 17.97 *19.41 20.18 20.97 21.81 22.66 23.56 24.50 25.48 26.24 27.29 28.38

80 Monthly 3240 3503 3642 3787 3938 4092 4258 4423 4600 4739 4929 5126 Hourly 18.62 20.13 20.93 21.76 22.63 23.52 24.47 25.42 26.44 27.24 28.33 29.46

90 Monthly 3436 3714 3859 4012 4173 4339 4508 4691 4876 5022 5223 5432 Hourly 19.75 21.34 22.18 23.06 23.98 24.94 25.91 26.96 28.02 28.86 30.02 31.22

*** Effective July 1, 2021, Step(s) identified with an (*) will start at $20/hour. Movement along the salary schedule will occur at $20/hour + COLA until it meets or surpasses the step on the salary schedule the employee is on. Effective July 1st of that year, the employee’s rate will be the higher of the $20/hour + COLA or step rate. *** Step K requires employees to complete three (3) years on step J starting July 1, 2021 *** Step L requires employees to complete three (3) years on step K starting July 1, 2021 *** Step M requires employees to complete Five (5) years on step L starting July 1, 2021

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Appendix B.1 Performance Evaluation – Performance Elements Performance Elements for Evaluation These performance elements should be considered, where applicable, in assessing employee performance and determining future performance expectations and development needs. Other performance elements may be added as needed.

1. Self-Management ● Efficient, effective use of work time, equipment, and resources ● Follow rules and procedures ● Work in a safe manner ● Use and maintain equipment properly ● Adhere to assigned work schedule ● Regular work attendance ● Punctual and on time to work ● Seek and assume additional responsibilities as appropriate ● Exhibit integrity and honesty ● Treat others with respect and dignity ● Give and accept constructive feedback ● Work effectively in a diverse work environment ● Focus on the situation, issue or behavior rather than on the person ● Other: __________________________

2. Work Processes & Results ● Provide products and services that consistently meet or exceed the needs and expectations of

customers ● Use customer satisfaction as a key measure of quality ● Use appropriate problem solving methods to improve processes ● Collect and evaluate relevant information to make decisions ● Use good judgment ● Set and adhere to priorities ● Meet productivity standards, deadlines and work schedules ● Accurate and timely work with minimal supervision ● Achieve results ● Pursue efficiency and economy in the use of resources ● Inform supervisor or appropriate others of problems; identify issues and alternative solutions ● Other: __________________________

3. Teamwork ● Support and focus on the vision, mission, and goals of the organization and team ● Understand the benefits of teamwork ● Cooperate with and offer assistance to others ● Recognize the contributions of others. ● View the success of the organization and team as more important than individual achievements ● Contribute to the development, cohesion and productivity of the team ● Share information appropriately, internally and externally ● Support teamwork and cooperation through open and honest communication ● Other: __________________________

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4. Innovation and Change ● Creative and innovative when contributing to organizational and individual objectives ● Receptive to new ideas and adaptable to new situations ● Willing to explore different options; avoid defensiveness ● Take calculated risks ● Seek and act on opportunities to improve, streamline, re-invent work processes ● Help others to overcome resistance to change ● Other: __________________________

5. Development ● Participate in opportunities to enhance knowledge and skills identified and offered by the

organization or the evaluator ● Show self-initiative in developing or upgrading knowledge and skills ● Apply new knowledge or skills acquired from developmental opportunities ● Help others learn new systems, processes, or programs ● Learn to use technology effectively as appropriate for the job ● Other: __________________________

6. Communication ● Participate in meetings in an active, cooperative, and courteous manner ● Orally communicate effectively on a one-on-one basis, in small groups, and in presentations ● Write clearly and concisely ● Avoid confusing and convoluted language where possible in written and oral communications;

use plain language ● Use active listening skills; demonstrate attentive posture, eye contact, and gestures; reflect,

repeat, and rephrase information for clarity ● Demonstrate understanding and empathy with the listener or reader ● Timely responses to e-mails, phone messages, and mail ● Other: __________________________

7. Customer Service ● Understand and be responsive to customers’ objectives and needs ● Sensitive to public attitudes and concerns ● Accessible, timely, and responsive in dealing with customers ● Handle customer inquiries and complaints promptly, courteously, and non-bureaucratically ● When possible, go the extra mile to satisfy customer needs and expectations ● Other: __________________________

8. Leadership Performance ● Clearly communicate organization’s mission and goals to staff ● Provide regular ongoing feedback to staff ● Facilitate, coach, and support staff’s efforts to succeed ● Provide meaningful recognition of staff success ● Support diversity in the workplace. ● Set clear direction and follow through ● Make effective employee selection and promotion recommendations ● Other: __________________________

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Appendix B.2 Performance Evaluation Classified Staff Performance Evaluation

Employee Name: Department:

Position: Supervisor:

Appraisal: ☐Probation mid-point ☐Probation end ☐Annual ☐Other

Purpose:

● Strengthen communication ● Make sure goals and performance expectations are understood ● Recognize achievements ● Create plans for improvement or change where appropriate ● Create Professional Development Plan to enhance strengths ● Review job description

Steps to complete performance Evaluation: Employee and direct supervisor will:

A. Step 1: Independently fill out all sections of the Performance Evaluation form in preparation for meeting together: (1) things done well, (2) change needed, and (3) the professional development plan.

B. Step 2: Meet to discuss and compare the Performance Evaluation and the supervisor will fill out the final Performance Evaluation form based on this meeting.

C. Step 3: Review present job description. If more than 25% has changed, refer to the reclassification process. D. Step 4: Sign the Performance Evaluation form and the supervisor will submit it to Human Resources.

The Supervisor is responsible for making sure the Performance Evaluation is completed.

1. Things Done Well and Work Accomplishments. Describe specific examples of the employee’s best work, including: ● Achievements ● Successes ● Positive contribution to your unit and/or college ● Completed elements from last PDP

When applicable, list specific facts, use measurable outcomes, and make connections to the college mission, core themes, and/or strategic plan. Performance elements: self-management, work processes & results, teamwork, innovation and change, development, communication, customer service, leadership performance. See Appendix B.1 for complete descriptions.

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2. Performance Elements Where Change is Needed (Leave blank if not applicable) ● Describe the present situation for any performance element that needs improvement or change

● What is happening now (give facts: who, where, when)? ● Why is this a concern? ● How does it affect others?

● Use specific examples to describe what the employee can do to improve, change or learn ● Describe actions the employee will take ● Describe supportive actions the supervisor will take

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3. Professional Development Plan (PDP) A Professional Development Plan is created by the employee and supervisor to identify desired skills, competencies and resources to support the staff member's performance objectives and college or departmental needs. This is intended to be a one-year timeframe.

Activities/Actions: List the specific activities to help achieve your objectives. Include any resources needed.

Performance Objective: Describe the specific skill or competency that you intend to improve or develop.

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Employee Comments ● The employee may write as much or as little as desired. ● The employee may attach documents if desired (please check box for attachments ☐)

Employee Signature: Print Name: Date:

Employer Signature: Print Name: Date:

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Appendix C.1 Membership Election/Dues Deduction Form

MEMBERSHIP ELECTION/DUES DEDUCTION FORM LWITFCE LOCAL 4787/AFT WA/AFT/AFL-CIO

I hereby elect to become a member and authorize and direct the Lake Washington Institute of Technology through its officers, agents, and employees, to deduct from that portion of my wages due me each month the amount as certified by LWITFCE Local 4787/AFT WA/AFT/ AFL-CIO at the current dues rate. I further authorize and direct the College to transfer and pay such monies so deducted to the treasurer of Local 4787. Dues are 2.0% of your wage. (Effective 8/13/2015)

Name Last 4 of SID Home City, Address Zip Home Personal Phone Email: Signature Date

While contributions or gifts to LWITFCE LOCAL 4787/ AFT WA/AFT/AFL-CIO are not tax deductible as charitable contributions for federal income tax purposes, dues may be tax deductible under other provisions of the Internal Revenue Code. Check with your tax advisor for additional information.

I hereby do not elect to become a dues paying member of LWITFCE Local 4787/AFT WA/AFT/ AFL-CIO at the current dues rate. Name (Print) Last 4 of SID Signature Date

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Appendix D.1 Transitional Salary Schedule for Employees who started at the College on June 30, 2007 Appendix D.1 Transitional Employee Salary Schedule – Certificate Level

**New chart will go here

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AGREEMENT BY AND BETWEEN

LAKE WASHINGTON INSTITUTE OF TECHNOLOGY DISTRICT 26

AND THE

FEDERATION OF CLASSIFIED EMPLOYEES LOCAL NO. 4787

EFFECTIVE JULY 1, 2017 2021 THROUGH JUNE 30, 20202024

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TABLE OF CONTENTS

Preamble 2 Definitions 3 Article 1 Recognition 5Article 2

Dues Deductions/Representation Fees 7Article 3 Management Rights 8Article 4 Employee/Federation Rights 9Article 5 College/Federation Communication 11Article 6 Probation Period 12Article 7 Work Year 13Article 8 Work Hours 14Article 9 Salary 17Article 10 Professional Development 18Article 11 Performance Evaluation 19Article 12 Reclassification 20Article 13 Leaves 23Article 14 Holidays 29Article 15 Health Care Insurance and Retirement Benefits 31Article 16 Discipline 32Article 17 Vacancies 36Article 18 Seniority 37Article 19 Layoff and Recall 38Article 20 No Strike Agreement 41Article 21 Grievance Procedure 42Article 22 Conditions of the Agreement

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46Appendix A Employee Salary Schedules 49Appendix B Performance Evaluation 43

Appendix C Membership Enrollment & Dues Authorization Form 50 Memorandum of Understanding A 65Memorandum of Understanding B

76Memorandum of Understanding C 77Memorandum of Understanding D 78Memorandum of Understanding E 80

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Preamble

This Agreement is by and between the Board of Trustees of Lake Washington Institute of Technology District 26, hereinafterherein after called the "College", or " District", and the Lake Washington Institute of Technology Federation of Classified Employees, Local 4787, hereinafter called the "FederationUnion." The term "College" used hereinafter shall mean the Board of Trustees or its lawfully delegated representative(s).

The parties agree that it has been and will continue to be in their mutual interest and purpose to promote systematic and effective employee - management cooperation.

Definitions

● Academic Year: The fall, winter, and spring quarters as in the Board-adopted academic calendar. This does not include summer quarter.

● Agreement: This contract between the College and the Union. ● Board: The Board of Trustees of the Lake Washington Institute of Technology, District 26, as

defined in RCW 28B.50.1401. ● College: The same as the Board and District 26. ● Compensatory Time: Often shortened to “Comp time”. Leave from work in lieu of overtime or

extra time pay.

● Date of Hire: The original date of hire with the College without a break in service. ● Day or Days: Calendar day or calendar days unless specified otherwise. ● Employee: Any person as defined in Section 1.1 performing bargaining unit work and covered by

this Agreement. ● Evaluation: The employee performance evaluation reports. ● UnionFederation: Lake Washington Institute of Technology Federation of Classified Employees

(LWTECHFCE), Local 4787/AFT WA/AFT/AFL-CIO. ● Fiscal Year: The period beginning July 1 and ending June 30 as defined by the state of Washington

and used by the College. ● Full-time Employee: An employee normally scheduled to work forty (40) hours per week. ● Grievance Committee: A minimum of two Union members appointed by the Union executive

board to be present with the grievant and assist them with the process. ● Hours Worked: All hours that an employee is scheduled and performing assigned work. ● Human Resources: The office of the College responsible to the Chief Executive Director of Human

Resources Officer, who has been delegated authority to offer employment on behalf of the President.

● Immediate Family: An individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person. A spouse, parent, brother, sister, child, grandparent, or grandchild; by blood, marriage, legal adoption, or court

order.

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● Immediate Supervisor: The member of the College’s management staff responsible for directly supervising an employee.

● Increment: Horizontal advancement from one step (cell) to the next higher step on the same level of the salary schedule.

● Instructional Day: One of the one hundred fifty (150) days that classes are scheduled to be in session. Unless otherwise specified in Article 7, Section 7.4.

● Job Classification: For use with the seniority list that is applied during the reduction in force process. Job classification is a category of similar job titles with similar functions.

● Layoff: The termination of employment due to economic setback, inoperable facilities, a decrease in the workloadwork load, or other conditions that reasonably require a reduction in the workforce.

● Management: The same as CollegeExempt employees at the College who supervise classified staff. ● Part-time Employee: An employee normally scheduled to work less than forty (40) hours per week. ● PERC: The Public Employment Relations Commission. ● Percent of Full-time: The number of hours per week of regularly assigned work divided by 40, and

expressed in a percentage. ● Performance Improvement Plan (PIP): A written plan to address an employee’s performance

under discipline (Article 16). ● President: The President of the Lake Washington Institute of Technology, District 26. ● Probation: The first six (6) months of employment in a full- or part-time permanent position.

Probation may be extended for up to three (3) months if mutually agreed to in writing by the employee, Federation, and College.

● Professional Development Plan (PDP): A written description of annual pre-approved job, career, or professional development objectives.

● Promotion: Movement to a position that isclassification on a higher on the salary level. ● Prorated: A percentage calculation that is based upon an employee’s percent of full-time

employment; a percentage calculation based upon an employee’s percent of employment if less than a full-fiscal year; or a percentage calculation that is based upon the number of work days in a payroll period; or a percentage calculation based upon a combination of these.

● Reclassification: An analysis of position duties, responsibilities, and authority resulting in change to a classification on a higher salary level, the same salary level, or a lower salary level.

● Regular Employee: An employee who has successfully passed the probationary period. ● Salary Level: One horizontal row on the salary schedule. ● Seniority Date: The employee’s first work day within the bargaining unit.

● Standard Work Week: Equal scheduled hours Monday through Friday. ● Student Worker: A person who is enrolled and regularly attending classes at the College, who is

employed by the College in a relationship subsidiary to participation in technical training and/or related academic course work at the College, who is paid from college funds, state financial aid funds, or federal financial aid funds, and who is excluded from the bargaining unit.

● Substitute Employee: A person eligible to work as-needed or for a defined period of time in the absence of a regular employee who is expected to return to their position. Not to exceed a specified number of annual hours as defined in Article 1, Section 1.1.

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● Temporary Employee: A person working on a short-term basis. Not to exceed a specified number of annual hours as defined in Article 1, Section 1.1.

● Transfer: Movement to a position in the same or lower salary levelrange. ● Vacancy: A position vacated through transfer, resignation, termination, retirement, or a new

position created within the bargaining unit. ● Work Day: Days on which an employee is normally scheduled to work, usually Monday through

Friday, and times during which work is scheduled within a department as designated by the supervisor.

● Work Site: Generally, the worksite is the physical college campus. Employees may be assigned to work fully or partially from home or another location per a telework agreement.

● Work Study: Any student worker who is work study eligible under state or federal laws.

● Work Year: All regularly-scheduled work days between July 1 and June 30 including vacations and holidays.

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Article 1 Recognition

Section 1.1 The College recognizes the Lake Washington Institute of Technology Federation of Classified Employees (LWTECHFCE), Local 4787/ AFT WA/ AFT/ AFL-CIO as the exclusive bargaining agent for all full-time and regular part-time office clerical employees, instructional support technicians, and instructional assistants, including those on approved leave of absence, employed by the College in classifications including but not limited to any job titles listed in Appendix Aaccountant, administrative assistant, cashier, computer lab technician, early childhood specialist, financial aid specialist, financial aid technician, fiscal technician, help desk technician, human resources technician, instructional assistant, instructional support technician, library technician, mail services technician, media technician, office assistant , word processor, payroll technician, and program assistant. Excluded from the unit are confidential, substitute/temporary casual employees working less than 360 hours, executive administrative assistants, and student workers (including work study students). Casual employees are those who work less than forty-five (45) work days within any twelve (12) month period in the same position. Substitutes employed more than forty-five (45) work days within any twelve (12) month period shall be subject to the terms and conditions of this

Agreement.

Temporary Employees are people working less than 360 hours within a twelve (12) month period of time in the same position, hired to fill a vacant position, work on a project or otherwise do bargaining unit work for a defined period of time. Substitute Employees are employees eligible to work as-needed or for a defined period of time in the absence of a regular employee who is expected to return to their position. Temporary or Substitute employees working in excess of 360 hours in the same position shall be subject to the terms and conditions of the contract. In the event an assignment will exceed 360 hours, an exception may be made on a case by case basis when agreed to by the Union. The Employer will provide the Union a monthly listing of all classified union employees noting which employees are temporary and the current number of hours the employee has worked. Section 1.1.1 Since 1991 classification titles have changed, and the changes have been reflected in this Article. In the event the College uses once again classification titles used in preceding predecessor Agreements, and those classifications have not been excluded according to the terms of this Article, it is understood that those classifications will once again become part of this Article.

Section 1.1.2 The College agrees not to use student workers (including work study students) or substitutes to displace bargaining unit employees. The Union agrees that the number of student workers is subject to change; however, the use of student workers (including work study students) is in addition to bargaining unit members and is not intended to erode bargaining unit work. The use of student workers is not intended to delay hiring replacement employees for vacant positions or filling new positions posted by thl1e College.

Section 1.1.3 Any group of employees excluded from the bargaining unit may be added to the bargaining unit in accordance with statute and the rules and regulations promulgated by the Washington Public Employment Relations Commission (PERC). Matters regarding unit clarification shall also be handled by PERC.

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Article 2 Dues Deductions/Representation Fees

Article 2 Dues Deductions/Representation Fees Section 2.1 Dues Deduction: The employer shall provide a membership election/dues deduction form to eligible employees. Upon authorization to the Employer and the Union by an employee to become a member of the Union and pay membership dues, the Employer shall process payroll deduction of dues. The Employer will honor the terms and conditions of each employee's signed membership election/dues deduction form.


Section 2.3 The Union shall provide the College’s Executive Director of Human Resources written notification of a change in the dues deduction percentage at least sixty (60) days prior to the implementation of such change.

Section 2.4 Revocation: an employee may revoke their authorization for payroll deduction of payments to the Union by written notice on the membership election/dues deduction form to the Employer and Union in accordance with the terms and conditions of their signed membership election/dues deduction form. Every effort will be made to end the deduction effective on the next available payroll.

Section 2.5 Indemnification: The College shall be held harmless by the Union and employees for compliance with this Article.


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Article 3 Management Rights

Section 3.1 Management rights and the direction of the workforcework force are vested exclusively in the College subject to the terms of this Agreement. All rights not specifically granted in this Agreement are reserved for the College. Management officials retain the right and obligation, including but not limited to:

A. Determine the method, number, and kinds of personnel by which operations undertaken by employees in the unit are to be conducted.

B. Subcontract work. C. Designate the work to be performed and the places and the manner in which it is to be performed. D. Schedule the employee’s workday. E. Hire, promote, demote, assign, and retain employees. F. Suspend, discipline, or discharge employees for just cause.

Section 3.2 The intent of management is to recognize the rights of employees to do bargaining unit work. When changes to work not normally subcontracted are being proposed, management shall discuss the proposed changes with the Union Federation prior to implementation.

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Article 4 Employee/UnionFederation Rights

Section 4.1 Employee Rights: Employees shall have the right to join, or not to join, the Union Federation at their discretion without fear of penalty or reprisal.

Section 4.2 Non-discrimination: Neither the College, nor the UnionFederation, shall discriminate against any employee or applicant for employment by reason of race, religion, creed, color, marital status, gender, sexual orientation, age, national origin, the presence of any sensory, mental or physical handicap, genetic information, or because of their membership or non-membership in the UnionFederation.

Section 4.3 Affirmative Action: The Union Federation and College agree and support the principles of Affirmative Action. The Agreement shall not be in conflict with, or inconsistent with, the College’s Affirmative Action Program. Issues that may arise between the Agreement and the Program shall be resolved consistent with federal and state laws or regulations and Board policy.

Section 4.4 Personnel File: A personnel file shall be maintained in the Human Resources office for each employee. All written communications other than routine personnel actions shall be shared with the employee prior to inclusion in the personnel file. Any material judged by the supervisor to potentially adversely affect employment may be placed in a personnel file only after allowing the employee a reasonable time to read the material, and attach to it a signed written statement. Such signature shall not imply agreement with said materials. Employees shall have the opportunity to respond to any document contained in the file.

Section 4.4.1 Employees, upon request and with a scheduled appointment, may inspect their personnel file in the presence of the Executive Director of Chief Human Resources Officer or designee and shall be provided a copy of any document requested.

Section 4.4.2 Adverse statements in the employee’s personnel file shall be removed after two (2) years upon the written request of the employee unless it is demonstrated that such information may be related to a violation of federal or state law or regulation.

NOTE: An employee may make a written request of the supervisor to remove the statement after one (1) year. The supervisor’s refusal shall not be subject to the grievance procedure.

Section 4.5 Apparel and Equipment: Specialty apparel and/or equipment required as part of the job responsibilities shall be provided by the College.

Section 4.6 Union Federation Rights: The Union Federation shall be furnished, upon request, all regularly and routinely prepared public information concerning the financial condition of the College including the annual financial statement and adopted budget. The College agrees to furnish, upon request, any information relevant to processing grievances and negotiations. Requests shall be made in writing by the Union Federation President to the Executive Director of Chief Human Resources Officer. The Union

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Federation agrees to pay reasonable costs for requested items not normally prepared in the daily operations of the College. The Union Federation shall be notified of any costs prior to processing.

Section 4.6.1 In order to conduct Union business, Tthe Union Federation may request the use of College facilities and equipment at reasonable times when such facilities and equipment are not in use. The Union Federation agrees to follow College procedures and reimburse the College for any materials and supplies.

Section 4.6.2 The Union Federation shall have the right to use the College’s inter-office mail systems for a reasonable volume of appropriate announcements relating to conduct of Union Federation business on behalf of its members. Such materials shall not contain any political endorsements or reflect adversely upon the College, any of its employees, or any labor organization among its employees.

Section 4.6.3 The College shall make available reasonable space in the workroom for the purpose of posting Union Federation notices of meetings, elections, and reports of Union Federation committees, recreational and social affairs. Notices and announcements shall not contain any political endorsements or reflect adversely upon the College, any of its employees, or any labor organization among its employees.

Section 4.6.4 Pertinent Data: The College agrees to make available to the Union Federation upon written request an employee list reporting name, seniority date, assignment location and hours, placement on the salary schedule, home address and phone number.

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Article 5 College/UnionFederation Communication

Section 5.1 The President or designee(s) and the Union Federation President or designee(s) shall meet at the request of either party to discuss appropriate matters of mutual concern. The party calling the meeting shall state the nature of such meeting and the subject(s) to be discussed, prior to the meeting.

Section 5.2 The College and Union Federation endorse the goal of a constructive and cooperative relationship. A labor-management committee (LMC) shall be established for the purpose of addressing contract administration and attempting to resolve issues which occur in the workplace.

A. The LMC shall be comprised of up to five (5) representatives each from the College and UnionFederation.

B. The LMC shall adhere to the principles of collaborative problem solving and decision making. C. The LMC shall meet quarterly or as appropriate. D. A written agenda and a record of the proceedings shall be maintained according to the ground

rules.

The LMC shall have no authority to conduct any negotiations, bargain collectively or modify any provision of this Agreement. The LMC shall refer all issues that may result in a memorandum of understanding to the Union Federation President and the Executive Director of Chief Human Resources Officer. The LMC activities, discussions, and agreements shall not be subject to the grievance procedure.

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Article 6 Probation Period

Section 6.1 New employees will be on probation for the first six (6) months of employment.

Probationary employees will receive written mid-point and end-of-probation evaluations by the supervisor. The supervisor will meet with the employee to discuss areas needing improvement identified during probation. If there is reason to believe more time would result in a recommendation for regular employment, probation may be extended for up to three (3) additional months if mutually agreed to in writing by the employee, UnionFederation, and College.

The supervisor will send a recommendation for regular employment to Human Resources for employees with satisfactory performance.

New employees within the six months probation period who apply for and accept another position at the College, will begin a new six (6) month probation period starting the first day of the new position.

The College may dismiss probationary employees at its discretion. The decision to dismiss a probationary employee is not subject to the grievance procedure.

Section 6.2 Existing employees who previously passed probation and are transferred at the direction of the College will not be subject to an additional probation period.

Section 6.3 Existing employees who previously passed probation and apply for and accept another position at the College will be on probation for the first three (3) months of employment in the new position. Within the three (3) month probation period if either the employee or the College determines that continued employment in the new position is not in either party’s best interest, the employee may return to their previous position at their previous salary placement and probation will end. Reversion rights to the previous position are not possible after three (3) months.

Section 6.4 Probationary employees accrue sick leave and vacation leave starting the first day of employment.

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Article 7 Work Year

Section 7.1 A regular employee scheduled to work at least fifty percent (50%) of full-time shall be assigned a prescribed work year. The length of an employee’s work year assignment may be adjusted by the College to meet conditions created by an economic setback, inoperable facilities, and/or an increase or decrease in work. A minimum of two (2) weeks’ notice shall be given, except in emergency situations as agreed upon by the College and the UnionFederation.

When supervisors determine that a need exists for additional hours or overtime, members of the bargaining unit will be given first option to additional hours before hiring temporary staff, and/or contracting out the work. It is not the intent of this section to deny availability of overtime to current full-time employees by hiring additional or part-time staff as a cost saving measure. Nor is it the intent to deny the College the right to hire additional or part-time staff or contract out the work for projects.

Section 7.2 Vacation and sick leave shall not accrue for an employee who has more than ten (10) work days of leave without pay in any month.

Section 7.3 In service/Staff Development Release Time: Should the College require attendance of employees at in service/staff development activities, the College shall either provide release time for attendance or pay the employee their hourly rate in accordance with state and federal regulations.

Section 7.4 Instructional Support Technicians: The work year for employees in Instructional Support Technician (IST) positions will be determined as follows:



sections/schedule. iii. Technology change resulting in an increase or decrease in days needed for the program. iv. Regulation changes which result in the need for training and/or professional

development. v. Significant increase or decrease in program revenues.

vi. Program activities which require an IST to work on a non-instructional day according to the Academic Calendar.

B. Employees hired as an IST after June 30, 2017 will be guaranteed the number of instructional days (excluding summer) in the Academic Calendar, plus five (5) days for program needs and college activities, and the six (6) days designated on the Academic Calendar as Professional Development/In-Service Days.


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D. In the event of a dispute regarding the number of scheduled work days, the employee may request a review by the Vice President of Instruction within ten (10) business days of receiving their IST schedule. The decision will be made by the Vice President of Instruction within ten (10) business days and is final. The Federation will be notified of the final decision.

Instructional Support Technicians: The work year for employees in Instructional Support Technician (IST) positions will be determined as follows:



sections/schedule. iii. Technology change resulting in an increase or decrease in days needed for the

program. iv. Regulation changes which result in the need for training and/or professional

development. v. Significant increase or decrease in program revenues.

vi. Program activities which require an IST to work on a non-instructional day according to the Academic Calendar.

B. Employees hired as an IST after June 30, 2017 will be guaranteed the number of instructional days (excluding summer) in the Academic Calendar plus five (5) additional days for program needs and college activities.


D.A. In the event of a dispute regarding the number of scheduled work days, the employee may request a review by the Vice President of InstructionChief Academic Officer within ten (10) business days of receiving their IST schedule. The decision will be made by the Vice President of InstructioChief Academic Officer within ten (10) business days and is final. The Federation will be notified of the final decision.

Article 8 Work Hours

Section 8.1 Normal work days shall be five (5) consecutive week days, Monday through Friday, followed by two (2) consecutive non-work daysdays of rest (Saturday and Sunday). Alternatively, employees designated by the College whose work days regularly include Saturday or Sunday, or Saturday and Sunday, shall have as normal work days five (5) consecutive work days plus two (2) consecutive non-work days days of rest which shall be treated as their Saturday and Sunday in that order.

The College shall fill the need for employees to work alternate shifts as follows:

A. If a position vacancy exists, and the vacant position meets the alternate work day needs, then the position would be filled with a new employee from a posting that identifies the alternate work day assignment. Such assignment shall be at the College’s sole discretion.

B. If the College determines a position vacancy does not exist which may be used to fulfill the need for a particular alternate work day schedule, then qualified Employees working a normal work

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day schedule (Monday through Friday) will be provided an opportunity to voluntarily change to an alternate work day schedule.

C. If the College determines a position vacancy does not exist which may be used to fulfill the need for a particular alternate work day schedule, and no qualified Employees working a normal work day schedule (Monday through Friday) volunteer to change to an alternate work day schedule, then the College shall assign work day changes based upon reverse seniority within each classification assigned to the department. An employee involuntarily assigned to an alternate work day schedule will be provided three (3) weeks’ notice prior to the beginning of the alternate work day schedule.

Section 8.2 Employees working six (6) hours or more per day are required to takeentitled to two (2) fifteen (15) minute rest periods as scheduled by the supervisor and a one (1) hour duty free, unpaid lunch period as part of the working day. It is recognized that the normal building schedule is built around one (1) hour lunch periods during normal office hours as established by the Board of Trustees.

Employees working alternate shifts may be scheduled for a duty-free thirty (30) minute lunch period to accommodate public or departmental needs, as determined by management, who will consider employee input. Temporary exceptions to the normal schedule may be approved by the immediate supervisor. Exceptions longer than three (3) days duration may need approval by the appropriate Executive Cabinet member. Employees will not combine a duty-free lunch period with a rest period, or rest periods, nor combine rest periods in order to shorten the length of the work day.

No employee will be required to work more than five (5) consecutive hours without a meal break. Employees who, because of student demands, are requested by their supervisor to work through the meal period shall be compensated for the time worked through the meal period at the overtime rate of one and one-half (1½) times their rate of pay.

Section 8.3 Employees working from three (3) to six (6) hours per day shall receive a fifteen (15) minute rest period as part of the paid working day.

Section 8.4 The supervisor must approve overtime work in advance, except for emergencies or unusual circumstances.

A. Hours worked over forty (40) hours per week will be paid at one and one-half (1½) times the employee’s hourly rate.

B. Work performed on holidays will be paid at two and one-half (2½) times the employee’s hourly rate.

The supervisor will attempt to adjust the work week before assigning overtime work. Employees must take compensatory time within the current work week.

Section 8.5 The employee’s work day shall be designated by their supervisor.

Section 8.6 All authorized travel time between worksites or as part of their job duties shall be considered time worked.

Section 8.7 Employees must report all time worked each pay period.

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Article 9 Salary

Section 9.1 Newly hired employees shall be placed between step C and step F of the salary schedule in Appendix A. Employees hired with an associate degree will be placed at minimum of step D. Employees hired with a bachelor’s or master’s degree will be placed at minimum of step E.

Section 9.2 Part-time employee compensation shall be paid based on the percent of full-time assignment.

Section 9.3 Employees working twelve (12) months per year shall be paid in semi-monthly payments consistent with the Washington State Office of Financial Management regulations. The semi-monthly payment, excluding overtime, shall be one-half (½) of the monthly salary as contained in Appendix A. Employees working less than full-time (40 hours per week) shall be paid a percentage of the monthly salary based upon the percentage of full-time work regularly assigned. An employee assigned overtime shall be compensated at one and one-half (1½) times the hourly rate.

Section 9.4 Compensation schedules for employees are contained in “Appendix A: Employee Salary Schedules” hereafter referred to as “Appendix A”.

Section 9.4.1 An employee working less than full-time (less than 40 hours per week) assigned extra time on a temporary basis shall be compensated based on the hourly rates contained in Appendix A.

Section 9.5 Substitutes who are subject to the provisions of this Agreement shall be paid the entry level wage rate for the position in which they are substituting.

Section 9.6 An employee who is assigned in writing by the President or an Executive Cabinet memberVice President to do the work of someone in a classification outside of the bargaining unit for ten (10) days or more shall be paid retroactive to the first day eighty-five percent (85%) of the current salary of the position or an additional fifteen dollars ($15) per day whichever is higher.

Section 9.7 An employee who is assigned in writing by the President or an Executive Cabinet memberVice President to do the work of someone of a higher classification within the bargaining unit for more than ten (10) days shall be paid at the rate of the higher classification retroactive to the first day. The rate paid shall be at the step with a monthly salary rate amount that exceeds the employee’s current monthly salary by at least three percent (3%) and no more than six percent (6%).

Section 9.8 All step advancement occurs annually on July 1 unless otherwise determined by the Legislature.

Section 9.8.1 Step advancement requires an employee to have been hired in a non-temporary position on or before January 1st of the current fiscal year.

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Section 9.8.2 The College agrees to increase the rates of pay listed in Appendix A by the same percentage or amount and upon such date as legislatively authorized and funded, and as prescribed and allocated by the State Board.

Article 10 Professional Development

Section 10.1 Professional Development: The College believes it is essential to encourage the continuing growth of a well-educated, well-trained professional staff that is highly skilled in areas essential to the fulfillment of the College’s mission, strategic plan, goals, and objectives. Professional development should provide opportunities and direction to build and enhance current and future performance.

Section 10.2 Professional Development Plan: An annual professional development plan shall be developed jointly by the employee and the immediate supervisor during the evaluation process.

Section 10.3 Release Time Training: Employee planned training, as part of the professional development plan, may be scheduled within the employee’s normal work hours if approved in advance by the employee’s supervisor. The employee and supervisor shall work together to maximize equitable access to professional development opportunities.

Section 10.3.1 Employee training during work hours is expected to be approved if the supervisor is provided adequate lead time, the employee’s department is adequately staffed at the time of planned absence for training, the training is part of the professional development plan, and the training is related to the employee’s work assignment. An employee’s request to participate in training during normal work hours shall not be denied due to inaction. If a request is not acted upon by the employee’s immediate supervisor within ten (10) work days of submission to the supervisor, excluding intervening days of approved leave use by the supervisor, the request will be considered to be approved.

Section 10.4 Tuition Program: The College values and supports employee professional development and degree attainment. Tuition and fees may be paid or waived by the college for eligible employees in courses provided by the college. Registration and enrollment may be concurrent with other college students. Self-support, high demand, and other specific courses may be excluded by the Vice President of InstructionChief Academic Officer. For more information, refer to the College Policies and Procedures Manual.

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Article 11 Performance Evaluation

Section 11.1 The immediate supervisor shall evaluate the performance of each employee annually before June 30 using the evaluation process and forms in Appendix B.1 and B.2. Employees and supervisors are encouraged to use the evaluation process throughout the year.The immediate supervisor shall evaluate the performance of each employee annually. The evaluation will occur during the calendar quarter of the employee’s seniority date, using the evaluation process and forms in Appendix B. Employees and supervisors are encouraged to use the evaluation process throughout the year.

Section 11.1.1

Evaluations are due for the following employees:

● Employees whose anniversary months fall in: April, May, June, July, August, September, October, November, and December

Evaluations are not due for the following employees:


Section 11.2 The employee and supervisor shall complete the evaluation together.

Section 11.3 One copy of the final signed evaluation shall be given to the employee and one shall become part of the employee’s personnel file.

Commented [1]: This is from the MOU. We suggest modifying to better match intent to: Employees who experienced a successful end of probation evaluation within the past six (6) months are exempt from the annual evaluation.

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Article 12 Reclassification

Section 12.1 Purpose: The College makes reclassification decisions based on documented permanent changes (higher or lower) by at least twenty-five percent (25%) in an employee’s level of duties, position responsibilities, and authority. Workload changes in similar level responsibilities will not result in reclassification.


A. Reclassification requests will be processed and reviewed on two (2) cycles semi-annually. The effective dates of reclassifications and associated salary increase will be July 1 and January 1 of each fiscal year.

B. The College will approve a minimum of three (3) reclassifications per fiscal year if eligible applications are received. If an insufficient number of reclassification requests are submitted or approved, there will be no carryforward from the minimum to the next fiscal year. There will be at least one (1) approved reclassification each cycle, if eligible applications are received. If no applications are approved for July 1, three (3) reclassifications will be available for the January 1 cycle. Additional reclassifications may be approved depending on available funds.

C. Approved reclassification titles and compensation will not be retroactive. Submitted reclassifications that were not approved will not carry forward into a new cycle. Employees may resubmit a reclassification request.

D. Reclassifications resulting in a new position classification not included in Appendix A will require approval of the College President. If a new position classification is approved, the College and the Federation will create a memorandum of understanding.

E. Limitations of this section do not apply to: 1. Reclassifications of staff fully funded by grants, contracts, or other soft-money funding

sources. 2. Reclassification of vacant positions by the College.

F. Employees must be in their position (active employment status) at least one year before they may initiate a reclassification request.

G. The Article 22 Grievance Procedure only applies to process but not to analysis of and decisions made about reclassification requests.

Section 12.3 Priorities: Reclassification requests will be prioritized for approval on the basis of the greatest percentage change in job duties and responsibilities. There must be a minimum of a twenty-five percent (25%) change.

Examples:

Changes that could lead to reclassification include but are not limited to:

● Moving from assisting with job duties to being responsible for job duties ● Moving from monitoring to managing ● Adding new duties to your work that are listed on a higher level job description

Section 12.1 Purpose: The College makes reclassification decisions based on documented permanent changes (higher or lower) by at least twenty-five percent (25%) in an employee’s level of duties, position responsibilities, and authority. WorkloadWork load changes in similar level responsibilities will not result in reclassification.





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A. Reclassification requests will be processed and reviewed on two (2) cycles semi-annually. The effective dates of reclassifications and associated salary increase will be July 1 and January 1 of each fiscal year.

B. The College will approve a minimum of three (3) reclassifications per fiscal year if eligible applications are received. If an insufficient number of reclassification requests are submitted or approved, there will be no carryforward from the minimum to the next fiscal year. There will be at least one (1) approved reclassification each cycle, if eligible applications are received. If no applications are approved for July 1, three (3) reclassifications will be available for the January 1 cycle. Additional reclassifications may be approved depending on available funds.

C. Approved reclassification titles and compensation will not be retroactive. Submitted reclassifications that were not approved will not carry forward into a new cycle. Employees may resubmit a reclassification request.

D. Reclassifications resulting in a new position classification not included in Appendix A will require approval of the College President. If a new position classification is approved, the College and the Federation will create a memorandum of understanding.

E. Limitations of this section do not apply to: i. Reclassifications of staff fully funded by grants, contracts, or other soft-money funding

sources. ii. Reclassification of vacant positions by the College.

F. Employees in their probation period are not eligible to apply for a reclassification. G. The Article 221 Grievance Procedure only applies to process but not to analysis of and decisions

made about reclassification requests.

Section 12.3 ● Priorities: Reclassification requests will be prioritized for approval on the basis of the greatest

percentage change in job duties and responsibilities. There must be a minimum of a twenty-five percent (25%) change.

Section 12.4 Process and timeline: The employee and the supervisor must meet to discuss reclassification options and process. Once the employee submits the position questionnaire to the supervisor, the following process and response times apply.

Reclassification Process and Timeline Who What Timeline What if

response time is missed?

Step 1: Response

Supervisor and Employee

Fully complete the position questionnaire including:

a) Recommendation for the reclassification from the supervisor.

b) Deny reclassification (employee may submit directly to HR if supervisor denies).

c) Reassign duties (process ends).

Must be submitted by October 1 (January cycle) and April 1 (July cycle) for consideration. HR will provide to the Union a list of submitted applications.

The process automatically moves to Step 2.

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Step 2: HR Review

HR Meet with employee and supervisor to review request.

30 days The process automatically moves to Step 5

Step 3: HR Response

HR Notify employee and supervisor and Union - Federation President in writing; denials must include an explanation.

15 days The process automatically moves to Step 5.

Step 4: Appeal

Employee or supervisor

Appeal in writing describing disagreement with the HR’s analysis.

15 days Process ends.

Step 5: Appeal Review

HR accepts or denies the reclassification request based on the information provided, discussion, and consultation with the Union Federation during the appeal. The HR decision is final.

15 days

Section 12.5 After the reclassification process is complete, HR may conduct a workload analysis in conjunction with the employee and supervisor.

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Article 13 Leaves

Section 13.1 Vacation Leaves Vacation Leave: Employees covered by the Agreement, regularly scheduled to work at least fifty percent (50%) of full-time, shall accrue vacation on a prorated basis. The vacation accrual rate schedule is:

Vacation Accrual Rate Table Number of Years Days of Vacation Accrue

1 year 12 days of vacation (8.00 hours per month) 2 years 13 days of vacation (8.67 hours per month)

3-4 years 14 days of vacation (9.33 hours per month) 5 years 15 days of vacation (10.00 hours per month)

6-9 years 18 days of vacation (12.00 hours per month) 10 years 19 days of vacation (12.67 hours per month) 11 years 20 days of vacation (13.33 hours per month) 12 years 21 days of vacation (14.00 hours per month) 13 years 22 days of vacation (14.67 hours per month)

14+ years 23 days of vacation (15.33 hours per month)

Section 13.1.2 Vacation leave shall be scheduled at a time mutually agreed upon by the employee and immediate supervisor.

Section 13.1.3 No employee may accumulate more than two hundred and forty (240) hours of vacation leave as of the date of the employee’s anniversary date of employment. If an employee does not use vacation leave in excess of two hundred and forty (240) hours by their anniversary date, then such leave shall be automatically extinguished and considered never to have existed.

Section 13.1.4 Upon termination or layoff, an employee will be paid for thehis/her accumulated vacation hours.

Section 13.1.5 Employees who transfer into the bargaining unit will accrue vacation leave based on their initial date of hire into a permanent position at the College.

Section 13.2 Sick Leave for Illness, Injury and Emergency Section 13.2.1 Sick leave for eligible employees shall be accrued at the rate of one prorated day per payroll month of employment. Leave accrual and use proration shall mean a percentage based upon an employee’s percent of full-time employment. Unused sick leave shall accumulate from year to year while the employee remains in the employ of the College.

Section 13.2.2 Emergency Leave: Employees may use up to five (5) prorated days for emergencies each year. An emergency is defined as a sudden, unexpected event which requires time away from assigned duties and which is beyond the control of the employee or which cannot reasonably be anticipated or avoided as determined by the President or designee. Emergency leave is deducted from the employee’s sick leave balance and does not accrue.

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If the employee is assigned to a worksite and that worksite closes and/or work is not possible from that location for emergency reasons before the scheduled workday has begun, the employee must work with their supervisor to select, approve, and communicate one or a combination of the following options:

1. Using emergency leave as detailed in Section 13.2.2. 2. Using Vacation or Personal leave. 3. Working from an alternate worksite during the closure. 4. Completing work that includes a combination of typical work duties and/or professional

development as applicable. 5. Making up time through a temporarily revised work schedule approved by the employee’s

supervisor. If the employee is assigned to a worksite and that worksite closes and/or work is not possible from that location for emergency reasons after the scheduled workday has begun, and alternative work is not possible as described in 1-5 above, the employee shall suffer no loss in pay, nor shall any accrued leave be charged. Emergency Leave: Employees may use up to five (5) prorated days for emergencies each year. An emergency is defined as a sudden, unexpected event which requires time away from assigned duties and which is beyond the control of the employee or which cannot reasonably be anticipated or avoided as determined by the President or designee. Emergency leave is deducted from the employee’s sick leave balance and does not accrue.

Section 13.2.3 Sick pay will be paid only for periods of absence caused by the employee’s personal illness or injury, serious illness or injury of the employee’s spouse, or, in accordance with state statute, for the illness of a dependent child.

Section 13.2.4 Absences of Illness requires employees to notify the supervisor of the anticipated duration of the absence in advance of the start of the work schedule. If it appears the leave provisions of Section 13.2 are being abused, the College may require the employee to submit proof of illness or injury. For example, absences due to illness of 5 days or a pattern of absences on particular days of the week or related to particular events/holidays. If it appears the leave provisions of Section 13.2 are being abused, the College may require the employee to submit proof of illness or injury. Section 13.2.5 Employees who resign or are terminated lose the benefit of accrued sick leave.

Section 13.2.6 In the event an employee returns to the employ of the College within three (3) years after layoff, accumulated sick leave may be re-established upon the request of the employee.\

Section 13.2.7 Employees granted an approved leave of absence retain accrued sick leave, but do not accrue sick leave during the approved leave of absence.

Section 13.2.8 Attendance Incentive Program: In January of the year following any year in which a minimum of sixty (60) days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the

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previous year at a rate equal to one (1) day’s monetary compensation of the employee for each four (4) full days of accrued leave for illness or injury in excess of sixty (60) days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four (4) days for every one (1) day’s monetary compensation.

At the time of separation from employment due to retirement or death, an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one (1) day’s current monetary compensation of the employee for each four (4) full day’s accrued leave for illness or injury.

The provisions of this section shall be administered in accordance with state law and applicable state rules and regulations. Should the Legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right

Section 13.3 Voluntary Employee Beneficiary Association (VEBA) State statute provides the College means to take funds it would otherwise pay to eligible retiring employees as a cash-out of compensable sick leave and use them instead to give those employees a medical expense benefit plan. The College deposits those funds in a tax-free VEBA trust account on those employees’ behalf. The retired employee can get reimbursed from the trust account to pay qualified post-retirement medical, dental, and vision expenses, including premium and out-of-pocket expenses. In doing this, the College makes no representations about, and assumes no responsibility for, the tax consequences.

Applicable provisions of the Internal Revenue Code and state statutes govern taking part in this medical expense benefit plan. These requirements, and any changes that apply, will prevail over this section for any conflict. The College will automatically implement any changes in the legal requirements that govern the VEBA’s establishment and administration. If changes in these legal requirements occur that result in significantly more administrative work for the College, the College will notify the Union Federation as to how it plans to implement the changes and/or may terminate section 13.3 for the next year after written notice.

To take part in the plan, eligible retiring Union Federation members must sign the required agreement to hold the College harmless for an adverse tax finding. The Union Federation and the College agree, and each employee will agree, that an eligible employee who refuses to execute this required hold-harmless agreement gives up all payment for sick leave that is compensable on retirement.

The Union Federation agrees to hold elections every year of its membership about taking part in the VEBA and to notify the College in writing of these election results and of Federation participation in the VEBA for the next year on or before December 31 of each year. If the College does not get this written notice from the Union Federation, the default for the upcoming year is participation in the VEBA. This section, with the dates modified as appropriate, governs all participation in the VEBA.

Section 13.4 Civil Leave Section 13.4.1 An employee who is called for jury duty shall receive compensation at the employee’s own rate on the applicable salary schedule less the amount which is earned while serving in that capacity.

Section 13.4.2 An employee who is subpoenaed to appear in court as a witness other than onin theirhis/her own behalf or interest shall receive compensation at the employee’s pay rate, less the amount received for fees. If the employee is plaintiff or defendant in the case, there shall be no compensation.

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Section 13.5 Bereavement Leave Section 13.5.1 Any employee suffering a death in the immediate family shall be allowed up to five (5) work days leave from work with pay, at the regular rate. Bereavement leave shall be non-accumulative.

Section 13.6 Personal Leave Regular employees who successfully complete the probation period may use up to four (4) prorated days of personal leave with pay per year. Personal leave must be pre-approved by the immediate supervisor.

Section 13.7 Leave of Absence Section 13.7.1 Upon recommendation of the immediate supervisor and approval by the College President or designee, an employee may be granted a leave of absence without pay for a period not to exceed one (1) year, or two (2) years in the event of an on-the-job injury. A leave of absence may be granted for illness, injury, surgery, or other temporary disability; educational pursuits; or for professional, family, or other personal reasons.

Section 13.7.2 Upon expiration of a leave of absence for temporary disability of one year or less, the employee will be assigned to the same position. If the position no longer exists, the employee will be assigned to a position for which the employee is qualified and that is equivalent in duties and salary to that held at the time the request for leave of absence was approved. Employees returning from a leave of absence for temporary disability which exceeds one year (two [2] years for on-the-job injury) will be assigned to a position for which the employee is qualified and that is equivalent in duties and salary to that held at the time the request for leave of absence was approved when one becomes available. Refusal to accept the position may be cause for termination.

Section 13.7.3 An employee returning from a leave of absence of less than sixty (60) work days will be reinstated in the same position held prior to the leave. An employee who returns from leave of absence in excess of sixty (60) work days will be reinstated in the same position held prior to the leave if the position exists or in a vacant position for which the employee is qualified and that is equivalent in duties and salary to that held at the time the request for leave of absence was approved; provided, that if an employee refuses an offer of such employment, the College is released from all obligation under this Article. An employee may choose to be reinstated in a vacant position for which the employee is qualified, but which is of less status and pay; provided, that should an employee voluntarily accept a position of less status and pay in order to expedite a return to active pay status, the employee shall forfeit all other rights guaranteed in this paragraph.

Section 13.7.4 The employee shall retain accrued sick leave, vacation leave, and seniority rights while on an approved leave of absence. An employee granted a leave of absence may, at their option, be allowed compensation for their leave in accordance with sick leave and vacation leave policies.

Section 13.7.5 Sick leave, vacation leave, and other benefits shall not accrue while an employee is on an approved leave of absence.

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Section 13.7.6 Persons hired to fill positions of employees who are on an approved leave of absence will be assigned to such positions for a specific period of time, during which time they will be subject to all provisions of this Agreement. Such employees will not be guaranteed employment beyond the term of the leave.

Section 13.8 Family and Medical Leave (FMLA) Section 13.8.1 The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

A. Twelve (12) workweeks of leave in a 12-month period for: i. The birth of a child and to care for the newborn child within one year of birth. ii. The placement with the employee of a child for adoption or foster care and to care for the

newly placed child within one year of placement. iii. To care for the employee’s spouse, child, or parent who has a serious health condition. iv. A serious health condition that makes the employee unable to perform the essential

functions of his or her job. v. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter,

or parent is a covered military member on “covered active duty”. B. Or, twenty-six (26) workweeks of leave during a single twelve (12) month period to care for a

covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, childson, daughter, parent, or next of kin (military caregiver leave).

Section 13.8.2 A. Employees are eligible if they worked a total of at least twelve (12) months in state service and at

least one thousand two hundred and fifty (1,250) hours during the twelve (12) months before the start of the leave.

B. Serious health condition: an illness, injury, impairment, or physical or mental condition that involves continuing treatment by a health care provider or inpatient care in a hospital, hospice, or residential medical care facility.

C. Parent: a biological parent or de facto parent. Child: a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under eighteen (18) or eighteen (18) or older and incapable of self-care because of a mental or physical disability.

D. While an employee is on family and medical leave, the College will continue health benefits (medical and dental, basic life insurance, and basic long-term disability coverage). Employees may continue all optional benefits on a self-pay basis. The employee must make arrangements in advance with Human Resources.

E. When foreseeable, the employee must give thirty (30) days’ notice of the leave’s start date, unless circumstances dictate otherwise. In that case, the employee will provide such notice as is practical. An employee who undergoes planned medical treatment must make a reasonable effort to schedule the treatment to minimize disruption in the College’s operations.

F. The College may require employees to provide certification from their health care provider, or a family member’s health care provider as to the: i. Date the condition began. ii. Duration. iii. Need for the leave. iv. Employee’s inability to perform the job functions.

Commented [2]: We have an MOU to add in RE to PFMLA

Commented [3]: Note to Meena, do we need something about PFMLA here?

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When the employee returns to work, the College may require the employee to provide certification from the health care provider that the employee can resume work.

G. The employee will return to the position held when the leave began, or to an equivalent position if the previous position no longer exists.

H. If the employee chooses to not return to work for reasons other than a continued serious health condition, the College may recover the premium it paid for the employee’s health coverage.

I. Family and medical leave does not accrue from year to year.

Section 13.9 Washington Paid Family and Medical Leave Act: A qualifying employee may take family leave in accordance with the Washington Paid Family Leave Act, RCW 50A.04. Leave generally will coincide and run concurrently with the FMLA leave.

For union members, the College pays .147 % and the employee pays .253% of the employee’s salary under Washington State’s Paid Family and Medical Leave Program (RCW 50A.04). This program and its eligibility criteria are managed by Washington’s Employment Security Department (ESD).

Notification to the Employer: When applying to ESD, employees must also notify the Employer of the need for leave; employees should provide at least 30 days’ advance notice of foreseeable leave and for unforeseeable leave notice should be given as soon as practicable.

Employees may not supplement the State PFML benefits with accrued or other paid leave from the Employer and will not be eligible for PFML benefits if receiving time loss benefits through the workers compensation system. When an employee is on leave and receiving PFML benefits from the State, the employee is deemed to be in unpaid status for purposes of the Employer’s policies. Insurance coverage will be handled in the same manner as other unpaid leaves of absence, pursuant to the employer’s policy and subject to any FMLA requirements requiring the continuation of coverage.

Section 13.109 Union Federation Business Leave: The College shall grant up to eighty-eight (88) hours per fiscal year to employees for the purpose of UnionFederation business. Forty (40) hours of unused Union Federation business leave may be carried forward each year of the contract to a maximum of one hundred and sixty-eight (168) hours being available in the third year of the contract.

Every effort will be made to provide three (3) days’ notice for leave using the college leave approval process. Leave applications will be approved by the Union Federation President or designee prior to submittal to the employee’s supervisor. Requests are subject to approval by the supervisor. If the College determines that a substitute is needed, the Union Federation shall reimburse the College the costs of a substitute’s salary for each such release.

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Article 14 Holidays

Section 14.1 Employees regularly scheduled to work fifty percent (50%) or more of full-time (20+ hours per week) shall be eligible to receive pay for the following recognized holidays:

● Independence Day (July 4th) ● Labor Day ● Veteran's Day ● Thanksgiving Day ● Native American Heritage Day ● Day Before Christmas Day ● Christmas Day ● New Year's Eve Day ● New Year's Day ● Martin Luther King, Jr.’s Birthday ● President's Day ● Memorial Day

● Other days passed by the state legislature

Section 14.2 When a holiday falls upon a Saturday or Sunday, the President or designee shall determine and designate the day to be recognized as the holiday.

Section 14.3 Employees receive their regular rate of pay for holidays provided that they are in pay status the scheduled

work day prior to and the scheduled work day following the recognized holiday.

Section 14.4 All work performed on holidays shall be compensated at two and one-half (2 ½) times the employee’s hourly rate.

Section 14.5 Eligible employees shall receive holiday pay in proportion to the employee’s percent of full-time employment. For example:

A. An employee working forty (40) hours per week receives eight (8) hours of holiday pay for each holiday.

B. An employee working twenty-four (24) hours per week receives four point eight (4.8) hours of holiday pay for each holiday.

C. An employee working twenty (20) hours per week receives four (4) hours of holiday pay for each holiday.

D. An employee working nineteen (19) hours per week does not receive any holiday pay.

Commented [4]: check back to see if Juneteenth as a holiday. If not resolved by time contract needs ratification we could use language such as "and other days passed by the legislature"

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Section 14.6 Employees working a non-standard work week shall arrange with their supervisor to adjust the weekly work schedule or submit for leave to compensate for the difference between holiday pay and the total hours in a regularly scheduled work week.

Section 14.7 Examples: An employee scheduled to work twenty (20) hours per week on a non-standard four (4) day work schedule Monday through Thursday, five (5) hours per day receives four (4) hours of holiday pay for each college holiday.

A. A holiday that falls on a Monday would require that the employee work with their supervisor and:

i. Schedule sixteen (16) hours of work throughout the rest of the week, or ii. Schedule one (1) hour of vacation, personal leave, or leave without pay for the Monday

holiday in addition to working the remaining fifteen (15) hours of the work week. B. Work weeks that have more than one holiday (e.g., Thanksgiving and the Native American

Heritage Day) would require the employee to work with their supervisor and: i. Schedule twelve (12) hours of work throughout the rest of the week.

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Article 15 Health Care Insurance and Retirement Benefits

Section 15.1 Insurance eligibility is established by the Public Employee Benefits Board (PEBB) consistent with state statute. The College shall implement applicable changes in eligibility established by the PEBB and shall notify the Federation Union upon receiving said notice from the PEBB.

Section 15.1.1 Health care insurance coverage for new eligible employees begins on the first day of the month following employment, or if you start working on the first working day of the month, coverage begins that day.

Section 15.2 Retirement eligibility is established by the Department of Retirement Systems (DRS) consistent with state statute. The College shall implement applicable changes in eligibility established by the DRS and shall notify the Union Federation upon receiving said notice from the DRS.

Section 15.3 Questions about insurance benefits should be referred to the College Payroll Office.

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Article 16 Discipline

Section 16.1 No employee shall be disciplined without cause. Employees shall have the right to have a Union representative present at any meeting or conference with a supervisor or administrator which involves a reasonable belief that they may be subject to disciplinary action or other actions that may adversely affect their conditions of employment. When an employee requests a Union representative, it shall be the employee’s responsibility to contact a representative. Employees may not delay meeting if a representative is not available within two (2) business days.

Discipline shall be corrective rather than punitive and shall, except for serious offenses, follow a line of progression:

A. Documented verbal warning 1. Documentation must be in writing to the employee within two (2) business days of the

warning to the employee with clear expectations for improvement; refusal to acknowledge warning does not exempt the employee/supervisor from meeting stated expectations

2. Documentation is maintained by the supervisor and the employee and may be used in future discipline action (16.1.B-D)


B. Written warning 1. Documentation must list the date of the documented verbal warning or an explanation of

why that step was skipped and include clear expectations for improvement; refusal to acknowledge warning does not exempt the employee/supervisor from meeting stated expectations

2. Documentation is maintained by the supervisor and the employee and may be used in future discipline action (16.1.C-D)


C. Performance Improvement Plan (PIP) 1. This requires a formal investigation as described in 16.2.A-D. 2. The employee has the right to Union representation at any related meeting. 3. This PIP must include a specified time frame and a mid-point review. 4. The PIP exists in the employee file in Human Resources

D. Discharge 1. This requires a formal investigation as described in 16.2.A-D. 2. The employee has the right to Union representation at any related meeting. 3. The documentation exists in the employee file in Human Resources

No employee shall be disciplined without cause. Discipline shall be corrective rather than punitive and shall, except for serious offenses, follow a line of progression:

A. Verbal reprimand (documented in writing to the employee with clear expectations for improvement)

B. Written reprimand C. Performance Improvement Plan (with a specified time frame and a mid-point review) D. Discharge

Commented [5]: Do we need to add anything about TIX here?

Commented [6]: replace with TA

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Section 16.1.12 In determining the level of discipline to apply, the supervisor shall consider both the nature and seriousness of the offense and the employee’s past work record. Discipline shall be administered progressively for similar offenses. When time passes between similar offenses, discipline shall continue along with the line of progression as long as documentation is still in the employee file (see Section 4.4). When an offense is clearly dissimilar, a new line of progressive discipline shall be established.

Section 16.1.23 To ensure timely and corrective action, verbal and written warnings may take place at supervisor discretion within two (2) business days of the incident with or without a formal investigation. Verbal warnings are not subject to the grievance procedure set forth in Article 22.To ensure timely and corrective action, verbal and written reprimands may take place at supervisor discretion with or without a formal investigation. Verbal reprimands are not subject to the grievance procedure set forth in Article 21.

Section 16.1.34 Performance Improvement Plans and discharge may only be initiated after an investigation as described in Section 16.2.

Section 16.2 Investigations are a process initiated when a supervisor has reason to believe that discipline may result from an allegation or the discovery of misconduct. Investigations must occur before performance improvement plans or discharge is initiated. They may or may not be needed for verbal or written reprimands. The supervisor shall consider both the nature and seriousness of the suspected, apparent, or alleged offense when determining whether to conduct an investigation. This process involves the following:

A. Allegation - The supervisor or human resources receives information that misconduct may have occurred.

B. Information Gathering – An initial data collecting process by the supervisor or human resources regarding an allegation that may or may not lead to an investigation.

C. Notice – Prior to an investigatory meeting, the employee shall be provided a written statement that identifies the alleged offense, the date and time of the meeting, and a reminder of the employee’s right to representation.

D. Investigation – The supervisor or human resources will meet with the employee (investigative meeting), relevant witnesses, and evaluation applicable evidence before reaching a decision.

i. The employee shall be given an opportunity to present their perspective on the information gathered in the investigation prior to any decision on discipline being made.

ii. The employee may have a Federation representative present during investigatory interviews or disciplinary meeting.

Section 16.3.1 A serious offense is misconduct that undermines or destroys the trust and confidence an employer has placed in the employee. It is likely deliberate or substantially careless. Examples of a serious offense might be theft or embezzlement, willful violation of college policies and procedures, conviction of criminal acts off campus that are related to primary job duties, gross or willful insubordination, gross misconduct, behavior that endangers the health and safety of the employee or others, neglect of duties, sexual or other harassment or abuse of any type of a student or staff, drunkenness, or substance abuse on duty.

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Section 16.3.2 The employee may be placed on paid or unpaid administrative leave during the investigation. The employee and Union will receive written notice of administrative leave at or before the time of verbal notice.The employee may be placed on paid or unpaid administrative leave during the investigation. The employee will receive written notice of administrative leave at or before the time of verbal notice.

Section 16.4 In all cases the College will follow Section 4.4 related to documentation.

Section 16.5 In no cases will Article 16 apply to probationary employees.

Section 16.6 Off-duty Activities: The off-duty activities of an employee may be grounds for disciplinary action if said:

A. Are conflicts of interest as set forth in RCW 42.52 (Ethics in Public Service), B. Are detrimental to the employee’s work performance or the operation of the Employer, OR C. Otherwise constitutes just cause.

No part of the above section will be construed to prevent an employee from:

A. Engaging in off duty political speech that is not discriminatory. B. Making off duty complaints about the workplace that do not rise to the level of creating a

hostile work environment or harming the integrity of the College.

Employees will report all arrests and any court-imposed sanctions or conditions that affect their ability to perform assigned job duties within twenty-four (24) hours prior to their scheduled work shift, whichever occurs first.

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Article 17 Discharge

Section 17.1 No employee shall be discharged without just cause. Just cause means:

A. Notice: The employee knew of the College’s policy/procedures/expectations. B. Reasonable Rules & Orders: The College’s policy/procedure/expectation was reasonable. C. Investigation: The College investigated to determine that the employee violated the

policy/procedure/expectation. D. Fair Investigation: The investigation was fair and objective. E. Proof: Substantial evidence existed of the employee’s violation of the

policy/procedure/expectation. F. Equal Treatment: The College’s policy/procedure/expectation was consistently applied. G. Penalty: The discipline was reasonable and proportional to the misconduct.

Section 17.2 The College must provide due process to the employee prior to discharge. After investigation as described in Section 16.2, this includes:

A. Pre-Discipline Meeting: If the College believes discharge is a possible outcome to an investigation of misconduct, it will provide a “notice of intent to discipline” letter to the employee, union, human resources, and the supervisor that provides:

i. Notice of charges arising from the investigation. ii. Review of evidence the employee was aware of policies and/or performance

expectations. iii. Request for pre-discipline meeting including the date and time of the meeting and a

reminder of the employee’s right to representation. The pre-discipline meeting is an opportunity to either discuss with the College in person, or provide in writing, responses to the charges and any additional information needed to assist the College in determining what ultimate action should be taken.

B. Notice of Decision: If the College determines discharge is the appropriate decision it will send a letter to the employee, union, human resources, and the supervisor documenting:

i. Summary of the basis for termination. ii. Summary of the investigation. iii. Summary of the investigative interview. iv. Review of the policies and/or performance expectations. v. Review of the pre-disciplinary meeting. vi. Description of the final disciplinary action.

Section 17.3 In no cases will Section 17 apply to probationary employees.

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Article 18 Vacancies

Section 18.1 The College encourages job advancement for employees. Hiring officials are encouraged to consider the advantages of filling job vacancies by promoting from within the College.

Section 18.2 Posting Vacancies: Notices of position vacancies which occur within the bargaining group which cannot be filled by a qualified laid-off bargaining unit employee shall be posted on the Human Resources job board with a copy forwarded to the UnionFederation President. All notices of position vacancies shall remain posted for a minimum of five (5) consecutive work days. All such posted position vacancies shall identify the work hours, salary, and duration of grant funding if applicable.

Section 18.3 Filling Vacancies: The College maintains its prerogative to interview and select applicants for employment. Bargaining unit employees who meet the qualifications and criteria specified on job postings are encouraged to apply for such positions. An employee may apply for such positions by submitting a current résumé and application. The College’s decision regarding the qualifications and the selection of the finalist shall not be subject to Article 212 of this Agreement.

Section 18.4 Initial Interview: The College agrees to grant an interview to current employees who meet the minimum qualifications and who apply for a vacant position covered by this Agreement by the earlier of the screening date or the closing date. Any internal applicant not selected for the position may request a written analysis of their skills related to the position.

Section 18.4.1 When the qualifications and experience of a bargaining unit applicant and an outside applicant are determined by the College to be equivalent, the qualified bargaining unit applicant shall be given the available position. The College’s decision regarding qualifications is not subject to Article 221 of this Agreement.

Section 18.5 Transfers: Transfer shall mean movement at the direction of the College to a position in the same or lower salary level; such a transfer occurs regardless of the preference of the employee. Employees transferred shall receive their current salary rate until the salary rate of the new position equals that of the former position. An employee may only be transferred once every three (3) years unless they are the only employee in the department.

Section 18.6 Promotion: Promotion shall mean movement to a classification on a higher salary level. Promotion to a classification on a higher salary level will be to the step with a monthly salary amount that exceeds by at least four percent (4%) the monthly salary amount at the employee’s old salary level and step.

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Article 19 Seniority

Section 19.1 Seniority shall be defined as the length of service with the College as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s first work day within the bargaining unit. In the event that more than one employee has the same starting date of work, position on the seniority list shall be determined by the person with the higher social security number being most senior. The Human Resources Office will maintain a list of seniority by department and/or program and provide it to the union upon request. The list shall be reviewed annually by the Labor/Management Committee. Seniority shall be defined as the length of service with the College as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s first work day within the bargaining unit. In the event that more than one employee has the same starting date of work, position on the seniority list shall be determined by the person with the higher social security number being most senior.

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Article 20 Layoff and Recall

Section 20.1 Layoff Definition Layoff shall be defined as follows: Termination of employment due to economic setback, inoperable facilities, a decrease in the workload, or other conditions that reasonably requires a reduction in force. Economic setbacks necessitating layoff include the following:

A. Program closure or enrollment decline; B. Overall college enrollment decline; C. Other events resulting in reduction in revenue; D. Termination or reduction of funding of categorical projects.


classifications to be reduced. The College agrees to explore other options with the Union (i.e. attrition, job sharing, reduced work hours, voluntary leaves without pay, voluntary layoff, etc.) prior to implementing layoffs.

B. Layoff shall be conducted by department and/or instructional program in inverse order of seniority within the job classifications specified in Section 19.1. Exception:

1. Employees hired for positions where the base salary (excluding extra or overtime hours) is one hundred percent (100%) funded by grant-, contract-, or other soft-money are subject to layoff in inverse order of seniority within the group of employees wholly funded by that grant-, contract-, or other soft-money source prior to consideration of seniority across the entire bargaining unit. It is the intent of this language that employees hired on limited-length grant, contract, or other soft-money programs not displace other bargaining unit members normally funded by state-supported programs.

The College shall be the sole determiner of classifications selected for layoff. This determination shall not be subject to the grievance procedure of this Agreement.

A. Employees selected for layoff within each department and/or program shall be included on the seniority lists based on job classification.

B. All laid off employees shall be placed on a recall list and remain there for twenty-four (24) months.

Section 20.3 Layoff Notification A. The College shall meet with a representative of the Union to provide the names of employees to be

laid off, their funding source, and reasons for the layoff. B. Employees to be laid off shall be notified by the College in writing at least thirty (30) days prior to


Section 20.4 Temporary Layoffs A. The college agrees to not impose mandatory furloughs for any number of days for the life of the

contract. B. This section will not be interpreted to restrict the college from assigning work-days on an annual

basis to ISTs or temporary employees.

Section 20.5 Recall Procedures

Commented [7]: replace with new negotiated language at end of process


Formatted: Indent: Left: 0.25", First line: 0"

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A. If the College elects to fill open positions it shall do so in accordance with the Vacancies Article. B. Laid-off employees shall state in writing the job classifications and the number of hours they are

willing to accept if recalled. C. The question of qualification shall be determined solely by the College and such determination

shall not be subject to the grievance provision of the Agreement. D. Persons in the recall pool shall be responsible for providing their current address, email address,

and telephone number with the Human Resources office and specifying their preferred method of contact.

E. The College shall first attempt to reach persons selected for recall by their preferred method of contact. If not successful, the College shall attempt to reach impacted persons by one additional method. The individual will have three (3) business days following attempted contacts to accept employment in the position. In the event that the person selected for recall fails to notify the College of intent to accept the position within the three (3) business days or the person declines employment in the position, all recall rights are lost. Then the College shall consider the next eligible person in order of recall.

F. The employee’s seniority at the time of layoff shall be reinstated upon return to active employment within the bargaining unit.

Section 20.1 Layoff Definition Layoff shall be defined as follows: Termination of employment due to economic setback, inoperable facilities, a decrease in the work load, or other conditions that reasonably requires a reduction in force. Economic setbacks necessitating layoff include the following:

A. Enrollment decline; B. Other events resulting in reduction in revenue; C. Termination or reduction of funding of categorical projects.


classification to be reduced. The College agrees to explore other options with the Federation (i.e. attrition, job sharing, reduced work hours, voluntary leaves without pay, voluntary layoff, etc.) prior to implementing layoffs.

B. Layoff shall be conducted in inverse order of seniority within the job classifications specified in the salary schedule (Appendix A), except for: employees who entered and remained in the bargaining unit by employment in one hundred percent (100%) grant-funded, contract-funded, or other soft-money positions employed for less than five (5) years, and for Instructional Support Technicians.

Employees hired for positions where the base salary (excluding extra or overtime hours) is one hundred percent (100%) funded by grant-, contract-, or other soft-money are subject to layoff in inverse order of seniority within the group of employees wholly funded by that grant-, contract-, or other soft-money source prior to consideration of seniority across the entire bargaining unit. It is the intent of this language that employees hired on limited-length grant, contract, or other soft-money programs not displace other bargaining unit members normally funded by state-supported programs.

Instructional Support Technicians are laid off within their instructional program by seniority. The laid off employee may bump an Instructional Support Technician of lesser seniority in another instructional program provided they have the required skill set to perform the job.

The College shall be the sole determiner of classifications selected for layoff and the transferability of skills possessed by Instructional Support Technicians. These determinations shall not be subject to the grievance procedure of this Agreement.

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C. Employees selected for layoff within each job classification shall be included on the seniority lists of the classifications having the same or lower salary level.

D. All laid off employees shall be placed in a re-employment pool and, remain there for twelve (12) months.

Section 20.3 Layoff Notification A. The College shall meet with a representative of the Federation to provide the names of employees

to be laid off, their funding source, and reasons for the layoff. B. Employees to be laid off shall be notified by the College in writing at least thirty (30) days prior to


Section 20.4 Recall Procedures A. Laid-off employees shall state in writing the type of bargaining unit work and the number of hours

accepted if recalled. If the employee refuses recall to such positions, all recall rights are lost. B. If the College elects to fill open positions it shall do so in accordance with the Vacancies Article. C. The question of qualification shall be determined solely by the College and such determination

shall not be subject to the grievance provision of the Agreement. D. Persons in the recall pool shall be responsible for maintaining their current address and telephone

number with the Human Resources office. E. The College shall first attempt to reach persons selected for recall by telephone. If not successful,

the College shall send notification by certified mail. The individual will have three (3) calendar days excluding weekends following telephone contact or receipt of such letter to accept employment in the position. A person who fails to notify the College of intent to accept the position offered within the three (3) calendar days above shall not have right to placement in the position. In the event that the person selected for recall fails to notify the College of intent to accept the position within the three (3) calendar days or the person declines employment in the position, then the College shall consider the person next in order of recall and notify him or her of the selection.

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Article 21 No Strike Agreement

Section 21.1 The parties agree that there shall be no strike or lockout during the life of this Agreement. The Union Federation further agrees not to honor, or to encourage its members to honor any strikes, picket lines, or other concerted work stoppages that may be established by any other employee organization employed by the College. However, no member of the bargaining unit will be required to do the work of striking employees outside this bargaining unit.

In the event of a strike by another organization, the Union Federation and Management agree to immediately discuss possible procedures needed to ensure the safety of non-striking employees.

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Article 22 Grievance Procedure

Section 22.1 The College and the Union Federation recognize that early settlement of grievances is essential to sound employee-employer relations. Grievances arising between the College and employee(s) within the bargaining unit shall be subject to these grievance provisions. Title IX cases will follow the college’s Title IX policies and procedures.

Section 22.2 Grievance Requirements The following requirements apply to the proper implementation of the provisions of this Article. They are provided in order to clarify and preserve the requirements and the interests of the employees, the Union Federation, and the College.

Section 22.2.1 Timelines A. “Days” as used in this Article shall mean business week days (Monday - Friday, excluding

Saturdays, Sundays, holidays) unless stated otherwise. B. Grievance claims involving retroactive compensation will be limited to no more than one year prior

to the written submission of the grievance to the College. C. A grievance must be filed within twenty-five (25) days after the grievant should have reasonable

knowledge of the action or inaction that gives rise to the alleged grievance. Nothing in the procedure outlined below will preclude the settlement of differences in an informal manner.

D. Failure by the grievant or Union Federation to comply within the time limit at any step shall constitute acceptance of the College’s last response. Failure by the College to comply with the grievance time limit at Step 1 or Step 2 shall automatically advance the grievance to the next step. Failure by the College to comply with the grievance time limit at Step 3 shall constitute settlement in favor of the grievant(s) and the remedy sought in the grievance shall be implemented.

E. If the grievance has not been satisfactorily resolved at any step either party may, within five (5) days request mediation as provided for in this Article.

F. Time limits may be waived or extended by written mutual agreement of the parties. Section 22.2.2 Notices

A. The written statement of the grievance shall contain the following: (a) a brief description of what happened and who was involved; (b) a reference to the specific articles and sections of the Agreement alleged to have been violated; and (c) the remedy sought.

B. The Union Federation shall notify the College of the name of the Grievance Committee Chair. In the event a grievance is to be handled by someone other than the Grievance CommitteeChair, the Federation Union shall provide the College with the name of the designee.

C. A copy of the grievance shall be sent to the Executive Director of Chief Human Resources Officer. D. The College shall send a copy of any official grievance communication to the grievant, the

Grievance CommitteeChair, or designee, and the Union Federation President.

Section 22.2.3 Information A. Upon a reasonable request of the UnionFederation, the College shall cooperate in the Union’s

Federation’s investigation of any grievance and shall furnish the Union Federation such information germane to the grievance.

B. All documents, communications and records dealing with a grievance shall be filed in a grievance file and that file shall be held separate from the grievant’s personnel file.

Commented [AA8]: This is new language; track changes did not capture correctly

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Section 22.2.4 Participation A. Grievance discussions shall take place whenever possible on work time, and without loss of pay

or benefits, if the employee is on pay status. A fair and reasonable opportunity shall be afforded for all persons, including witnesses, to attend grievance meetings/discussions but only for the period of time they are needed to provide input or testify.

B. A representative of the Union Federation shall be given reasonable opportunity to be present and speak on behalf of the grievant, if the grievant so desires, at any meeting or hearing held for the purpose of grievance resolution. If the grievant chooses not to be represented, the Union Federation shall have the right to be represented at each step of the procedure. In the event more than one Union Federation representative has been involved in a grievance procedure and their presence is needed at a grievance meeting for continuity, the Union Federation shall notify the College in advance.

C. The decision to continue a grievance rests with the UnionFederation.

Section 22.2.5 In arriving at any disposition or settlement, neither party shall have the authority to alter, add to, delete or amend this Agreement.

Section 22.2.6 The College shall not discriminate against any individual employee or the Union Federation for taking action under this Article.

Section 22.3 Grievance Steps Section 22.3.1 Discussion: Prior to filing a grievance the employee may meet with the immediate supervisor to attempt to understand and resolve the issue. A representative of the Union Federation may be invited to attend at the employee’s option. By mutual consent the employee and supervisor may also involve others in their discussions if it is believed they would be helpful in resolving the issue. During the time such discussions are taking place the twenty-five (25) day limitation for filing a grievance shall be in effect unless an extension is agreed to in writing or extended verbally and confirmed in writing. These discussions shall not constitute a Step 1 grievance.

Section 22.3.2 Step 1- Supervisor: The grievant shall first present the grievance to their immediate supervisor in an effort to resolve the grievance at this level. The employee, or the Union Federation representative if one is present, shall state the section(s) of the Agreement allegedly being incorrectly interpreted, applied, or violated and that this is a Step 1 grievance discussion. The supervisor shall arrange for a Step 1 meeting with the grievant to take place within ten (10) days of receipt of the grievance. The supervisor shall provide the grievant and the Union Federation with a written response to the grievance within five (5) days following the Step 1 meeting. Such response shall include the reasons upon which the decision was based.

Section 22.3.3 Grievance Mediation (Optional Step): Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation.

A. If the grievance has not been satisfactorily resolved at any step prior to arbitration either party may, within five (5) days of the written decision, request mediation. If the parties are in agreement that the grievance is suitable for mediation they will submit a joint request to the Federal Mediation

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and Conciliation Service or Public Employment Relations Commission for the assignment of a mediator. Grievance mediation shall be completed within twenty-five (25) days of the request. The twenty-five (25) day timeline may only be extended by mutual consent of the parties. If the parties do not agree to a time extension, the mediation request shall be withdrawn and the grievance process shall be resumed.

B. The grievance mediation process shall be informal. Rules of evidence shall not apply and no formal record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint or separate caucuses.

C. At the request of both parties, the mediator shall issue a recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case.

D. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the parties shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedent setting.

E. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration.

Section 22.3.4 Step 2 - Executive Cabinet MemberVice President: If no settlement is reached at Step 1, the Union may advance the grievance to Step 2 and submit a written statement of the grievance to their Executive Cabinet Member Vice President Such written statement shall be on a grievance form and submitted within five (5) days of the Step 1 written response.

In the event the Executive Cabinet MemberVice President who oversees the supervisor in Step 1 has been directly involved with the decision causing the grievance, an alternate Executive Cabinet MemberVice President may be used at this step. The Executive Cabinet MemberVice President shall arrange for a Step 2 meeting with the grievant to take place within ten (10) days of receipt of the grievance. The Executive Cabinet MemberVice President shall provide the grievant and the Union Federation with a written response to the grievance within five (5) days following the Step 2 meeting. Such response shall include the reasons upon which the decision was based.

Section 22.3.5 Step 3 - President Level: If no settlement has been reached at Step 2 within the specified time limits, and the Union Federation believes the grievance to be valid, the written grievance shall be submitted to the President by the Union Federation within fifteen (15) days. The President shall arrange for a Step 3 meeting with the grievant to take place within ten (10) days of receipt of the grievance. After such meeting, the President or designee(s) and the Union Federation will have ten (10) days to resolve it by indicating on the statement of grievance the disposition and signing it.

Section 22.3.6 Step 4 - Arbitration: If a grievance is not satisfactorily resolved at Step 3, the Union Federation may, within ten (10) days after receipt of the written response in Step 3, submit the grievance to the American Arbitration Association for arbitration under their voluntary labor arbitration rules and within the following guidelines:

A. The arbitrator shall have no power to change, alter, detract from, or add to the provisions of this Agreement.

B. The arbitrator’s decision shall be final and binding on the College and the UnionFederation.

Commented [AA9]: Needs wordsmithing (how about “submit to the Executive Cabinet Member over the union member’s supervisor”?)

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C. The fees and expenses of the arbitrator shall be shared equally by the College and the UnionFederation. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.

D. The College and Union Federation shall not be permitted to assert in arbitration proceedings any new grounds or rely on any evidence not previously disclosed to the other party.

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Article 23 Conditions of the Agreement

Section 23.1 Status of Agreement Once a tentative agreement on a collective bargaining agreement has been reached, such Agreement shall become effective when ratified by the Union Federation and approved by the Board of Trustees and executed by authorized representatives thereof and may be amended or modified only with the mutual consent of the parties.

Section 23.1.1 This Agreement shall supersede any rules, regulations, policies or resolutions of the College which are contrary to or inconsistent with its expressed terms.

Section 23.2 Waiver and Complete Agreement The parties acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement. The Union Federation voluntarily and without reservation waives the right, and agrees that the College shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

This Agreement constitutes the entire Agreement between the parties and concludes collective bargaining for its term; subject only to a desire by both parties to mutually agree to amend or supplement at any time.

Section 23.3 Severability In the event that any provision of this Agreement shall be held invalid by a court of competent jurisdiction, PERC, or other legal authority, such decision shall not invalidate the entire Agreement, it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

Section 23.4 Duration This Agreement will be effective as of July 1, 20212017, and will continue in full force and effect through June 30, 202420. Article 9, Salary, and Article 15, Healthcare Insurance and Retirement Benefits, will be reopened on or after April 1 of any year or at any time the Legislature specifically authorizes increased compensation and/or insurance benefits, or unless otherwise provided for in this Agreement.


Section 23.4 Duration This Agreement will be effective as of July 1, 2021, and will continue in full force and effect through June 30, 2024.

If unrestricted revenue levels are better than the average of the last 3 years excluding FY21 (i.e. FY20, FY22, FY23), Article 9 Salary may be reopened.


Commented [10]: Update at close of negotiations

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Section 23.5 One Time Contract Provisions In addition to the provisions of this Agreement, the following one-time provisions will apply:

1. The salary schedule will be modified effective July 1, 2021: a. To eliminate positions/salaries under $20 per hour with the exception of using Step A for

on-call employees, temporary employees, and an Office Assistant I (which is only used for on-call and temporary employees).

b. The wait time to advance from Step J to Step K will reduce to three years. c. Step L will be added; members must remain on Step K for three years prior to

advancement. d. Step M will be added; members must remain on Step L for five years prior to

advancement. 2. Effective July 1, 2021 instead of the regular step advancement, all members employed prior to

January 1, 2021 will advance 2 steps on the schedule unless #3 or #4 apply. 3. Members earning less than $20 per hour will be reclassified into the most appropriate higher

classification title that earns at least $20 per hour unless moving two steps would result in a higher level of pay.

a. The minimum number of reclassifications guaranteed under section 12.2 are replaced in Year One of this agreement by #3.

4. Members at Step J or K will both retain all years accrued towards advancing on the salary schedule and be credited with two years, instead of the normal one, on July 1, 2021. For example:

a. A member on Step J who has completed four years of service towards step K as of July 1, 2021 will advance to Step K on July 1, 2021 and will carry forward one year of service and two additional years of service will be added (i.e. they will be three years towards Step L and will advance to L on July 1, 2022).

b. A member on Step K, who has been on K for two years as of July 1, 2021, will receive two additional years of service on July 1, 2021 and will therefore have two years from the time spent moving from J to K under the former contract, plus the two years on Step K, plus the two years of service awarded on July 1, 2021. Their placement on the new schedule will be Step L and three years of service towards Step M.

Section 23.56 Conformity to Law This Agreement shall be governed and construed according to the Constitution and laws of the state of Washington. If any provisions of this Agreement, or any application of this Agreement to any employee or groups of employees covered hereby will be found contrary to law by a tribunal of competent jurisdiction, such provisions or applications will have effect only to the extent permitted by law, and all other provisions or applications of this Agreement will continue in full force and effect.

Section 23.65.1 If any provision of this Agreement is found to be contrary to law, the College and Federation agree to commence bargaining on such provision as soon as reasonably possible.

Section 23.76 Distribution of Agreement A copy of the final Agreement shall be proofread and agreed to by both parties prior to printing. The College shall print finished copies of this Agreement and distribute to all members of the bargaining unit.

Formatted: Left, Indent: Left: 1"

Formatted: Font: (Default) Arial, 11 pt, Font color: Black

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Appendix A Employee Salary Schedule

Salary Level


10-14 Cashier, Office Assistant 20-24 Early Childhood Specialist I, Instructional AssistantOffice Assistant (only used for

temporary positions) 30-34 Administrative Assistant I 40-44 Administrative Assistant II, Early Childhood Specialist II, Fiscal Technician I, Program

Assistant I, Word Processor, Mail Services Technician 50-54 Administrative Assistant III, Financial Aid Technician, Fiscal Technician II, Help Desk

Technician I, Library Technician I, Program Assistant II 60-64 Financial Aid Technician II, Fiscal Technician III, Administrative Assistant IV, Early Childhood

Specialist III, Library Technician II, Media Technician I, Program Assistant III, Admission

Coach 70-74 Computer Lab Technician, Help Desk Technician II, Instructional Support Technician I, Lead

Admission Coach 80-84 Administrative Assistant V, Library Technician III, Human Resources Technician, Media

Technician II, Procurement Specialist, Early Childhood Specialist IV 90-94 Accountant, Financial Aid Specialist, Payroll Technician, Senior Human Resources Technician,

Instructional Support Technician II

Monthly Salary and Hourly Rate Schedule Effective July 1, 2012021 (*This does not include COLA)8

Salary Level

Monthly / hourly

Sub/On-Call

(only)

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K

STEP L

STEP M

10 Monthly 2,272 2,359 2,454 2,549 2,651 2,754 2,865 2,979 3,067 Hourly 13.06 13.56 14.10 14.65 15.24 15.83 16.47 17.12 17.63

20 Monthly 2,295 2,384 2,479 2,575 2,677 2,784 2,894 3,008 3,098 Hourly 13.19 13.70 14.25 14.80 15.39 16.00 16.63 17.29 17.80

30 Monthly 2,454 2,549 2,650 2,754 2,864 2,978 3,097 3,219 3,316 Hourly 14.10 14.65 15.23 15.83 16.46 17.11 17.80 18.50 19.06

40 Monthly 2,551 2,653 2,757 2,869 2,980 3,100 3,223 3,351 3,452 Hourly 14.66 15.25 15.84 16.49 17.13 17.82 18.52 19.26 19.84

50 Monthly 2,751 2,9732,650

3,0892,754

3,2132,864

33412,978

34753,097

36113,219

37553,348

38993,476

40153,580

4176 4,343

Hourly 15.81 *17.0915.23

*17.7515.83

*18.4716.46

*19.2017.11

*19.9717.80

20.7518.50

21.5819.24

22.4119.98

23.0720.57

24.00 24.96

60 Monthly 3,009 3,2522,899

3,3813,014

3,5163,134

3,6513,255

3,7983,386

3,9493,520

4,1053,659

4,2663,803

4,3933,916

4,569 4,751

Hourly 17.29 *18.6916.66

*19.4317.32

20.2118.01

20.9818.71

21.8319.46

22.7020.23

23.5921.03

24.5221.86

25.2522.51

26.26 27.31

70 Monthly 3,126 3,3773,011

3,5123,130

3,6493,253

3,7953,383

3,9433,515

4,1003,654

4,2633,800

4,4333,951

4,5664,071

4,749 4,939

Hourly 17.97 *19.4117.30

20.1817.99

20.9718.70

21.8119.44

22.6620.20

23.5621.00

24.5021.84

25.4822.71

26.2423.40

27.29 28.38

Formatted: Strikethrough





Commented [11]: Did we add one for the assessment center?




Commented [12]: Can we figure out a way to just list one schedule instead of multiple to make it easier to understand?

Formatted Table

Commented [AA13]: Removed Steps A & B from table (they fall below the new $20 minimum)

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80 Monthly 3,240 3,5033,123

3,6423,247

3,7873,376

3,9383,510

4,0923,648

4,2583,795

4,4233,943

4,6004,101

4,7394,224

4,929 5,126

Hourly 18.62 20.1317.95

20.9318.66

21.7619.40

22.6320.17

23.5220.97

24.4721.81

25.4222.66

26.4423.57

27.2424.28

28.33 29.46

90 Monthly 3,436 3,7143,311

3,8593,440

4,0123,577

4,1733,720

4,3393,868

4,5084,019

4,6914,182

4,8764,347

5,0224,477

5,223 5,432

Hourly 19.75 21.3419.03

22.1819.77

23.0620.56

23.9821.38

24.9422.23

25.9123.10

26.9624.03

28.0224.98

28.8625.73

30.02 31.22

*** Effective July 1, 2021, Step(s) identified with an (*) will start at $20/hour. Movement along the salary schedule will occur at $20/hour + COLA until it meets or surpasses the step on the salary schedule the employee is on. Effective July 1st of that year, the employee’s rate will be the higher of the $20/hour + COLA or step rate. *** Step K requires employees to complete three (3) years on step J starting July 1, 2021 *** Step L requires employees to complete three (3) years on step K starting July 1, 2021

*** Step M requires employees to complete Five (5) years on step L starting July 1, 2021Step K will be implemented effective July 1, 2016. Advancement to Step K requires an employee to have been on Step J for five (5) years.

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Salary Level


10-14 Cashier, Office Assistant

20-24 Early Childhood Specialist I, Instructional Assistant

30-34 Administrative Assistant I

40-44 Administrative Assistant II, Early Childhood Specialist II, Fiscal Technician I, Program Assistant I, Word Processor, Mail Services Technician

50-54 Administrative Assistant III, Financial Aid Technician, Fiscal Technician II, Help Desk Technician I, Library Technician I, Program Assistant II

60-64 Financial Aid Technician II, Fiscal Technician III, Administrative Assistant IV, Early Childhood Specialist III, Library Technician II, Media Technician I, Program Assistant III, Admission Coach

70-74 Computer Lab Technician, Help Desk Technician II, Instructional Support Technician

80-84 Administrative Assistant V, Library Technician III, Human Resources Technician, Media Technician II, Procurement Specialist

90-94 Accountant, Financial Aid Specialist, Payroll Technician, Senior Human Resources Technician, Instructional Support Technician II

Monthly Salary and Hourly Rate Schedule Effective January 1, 2019

Salary Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K

10 Monthly 2,116 2,201 2,288 2,376 2,471 2,567 2,670 2,773 2,885 3,000 3,088 Hourly 12.16 12.65 13.15 13.66 14.20 14.75 15.34 15.94 16.58 17.24 17.75

20 Monthly 2,138 2,221 2,311 2,401 2,496 2,593 2,696 2,803 2,914 3,029 3,120 Hourly 12.29 12.76 13.28 13.80 14.34 14.90 15.49 16.11 16.75 17.41 17.93

30 Monthly 2,288 2,376 2,471 2,567 2,669 2,773 2,884 2,999 3,119 3,242 3,339

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Hourly 13.15 13.66 14.20 14.75 15.34 15.94 16.57 17.24 17.93 18.63 19.19 40 Monthly 2,381 2,473 2,569 2,672 2,776 2,889 3,001 3,122 3,246 3,374 3,476 Hourly 13.68 14.21 14.76 15.36 15.95 16.60 17.25 17.94 18.66 19.39 19.98

50 Monthly 2,470 2,567 2,669 2,773 2,884 2,999 3,119 3,242 3,371 3,500 3,605 Hourly 14.20 14.75 15.34 15.94 16.57 17.24 17.93 18.63 19.37 20.11 20.72

60 Monthly 2,701 2,808 2,919 3,035 3,156 3,278 3,410 3,545 3,685 3,830 3,943 Hourly 15.52 16.14 16.78 17.44 18.14 18.84 19.60 20.37 21.18 22.01 22.66

70 Monthly 2,806 2,915 3,032 3,152 3,276 3,407 3,540 3,680 3,827 3,979 4,099 Hourly 16.13 16.75 17.43 18.11 18.83 19.58 20.34 21.15 21.99 22.87 23.56

80 Monthly 2,909 3,027 3,145 3,270 3,400 3,535 3,674 3,822 3,971 4,130 4,254 Hourly 16.72 17.40 18.07 18.79 19.54 20.32 21.11 21.97 22.82 23.74 24.45

90 Monthly 3,084 3,204 3,334 3,464 3,602 3,746 3,895 4,047 4,211 4,377 4,508 Hourly 17.72 18.41 19.16 19.91 20.70 21.53 22.39 23.26 24.20 25.16 25.91

Step K will be implemented effective July 1, 2016. Advancement to Step K requires an employee to have been on Step J for five (5) years.

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Salary Level


10-14 Cashier, Office Assistant 20-24 Early Childhood Specialist I, Instructional Assistant 30-34 Administrative Assistant I

40-44 Administrative Assistant II, Early Childhood Specialist II, Fiscal Technician I, Program Assistant I, Word Processor, Mail Services Technician

50-54 Administrative Assistant III, Financial Aid Technician, Fiscal Technician II, Help Desk Technician I, Library Technician I, Program Assistant II

60-64 Financial Aid Technician II, Fiscal Technician III, Administrative Assistant IV, Early Childhood Specialist III, Library Technician II, Media Technician I, Program Assistant III, Admission Coach

70-74 Computer Lab Technician, Help Desk Technician II, Instructional Support Technician 80-84 Administrative Assistant V, Library Technician III, Human Resources Technician, Media

Technician II, Procurement Specialist 90-94 Accountant, Financial Aid Specialist, Payroll Technician, Senior Human Resources Technician,

Instructional Support Technician II


Salary Level

Monthly / hourly

STEP A STEP B

STEP C STEP D STEP E

STEP F STEP G STEP H STEP I

STEP J

STEP K

10 Monthly 2,293 2,385 2,479 2,575 2,678 2,782 2,893 3,005 3,126 3,251 3,346 Hourly 13.18 13.71 14.25 14.80 15.39 15.99 16.63 17.27 17.97 18.68 19.23

20 Monthly 2,317 2,407 2,504 2,602 2,705 2,810 2,921 3,037 3,158 3,282 3,381 Hourly 13.32 13.83 14.39 14.95 15.55 16.15 16.79 17.45 18.15 18.86 19.43

30 Monthly 2,479 2,575 2,678 2,782 2,892 3,005 3,125 3,250 3,380 3,513 3,618 Hourly 14.25 14.80 15.39 15.99 16.62 17.27 17.96 18.68 19.43 20.19 20.79

40 Monthly 2,580 2,680 2,784 2,895 3,008 3,131 3,252 3,383 3,517 3,656 3,767 Hourly 14.83 15.40 16.00 16.64 17.29 17.99 18.69 19.44 20.21 21.01 21.65

50 Monthly 2,676 2,782 2,892 3,005 3,125 3,250 3,380 3,513 3,653 3,793 3,906 Hourly 15.38 15.99 16.62 17.27 17.96 18.68 19.43 20.19 20.99 21.80 22.45

60 Monthly 2,927 3,043 3,163 3,289 3,420 3,552 3,695 3,841 3,993 4,150 4,273 Hourly 16.82 17.49 18.18 18.90 19.66 20.41 21.24 22.07 22.95 23.85 24.56

70 Monthly 3,041 3,159 3,285 3,416 3,550 3,692 3,836 3,988 4,147 4,312 4,442 Hourly 17.48 18.16 18.88 19.63 20.40 21.22 22.05 22.92 23.83 24.78 25.53

80 Monthly 3,152 3,280 3,408 3,543 3,684 3,831 3,981 4,142 4,303 4,475 4,610 Hourly 18.11 18.85 19.59 20.36 21.17 22.02 22.88 23.80 24.73 25.72 26.49

90 Monthly 3,342 3,472 3,613 3,754 3,903 4,059 4,221 4,385 4,563 4,743 4,885 Hourly 19.21 19.95 20.76 21.57 22.43 23.33 24.26 25.20 26.22 27.26 28.07

Step K will be implemented effective July 1, 2016. Advancement to Step K requires an employee to have been on Step J for five (5) years.

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Appendix B.1 Performance Evaluation – Performance Elements

Performance Elements for Evaluation These performance elements should be considered, where applicable, in assessing employee performance and determining future performance expectations and development needs. Other performance elements may be added as needed.

1. Self-Management ● Efficient, effective use of work time, equipment, and resources ● Follow rules and procedures ● Work in a safe manner ● Use and maintain equipment properly ● Adhere to assigned work schedule ● Regular work attendance ● Punctual and on time to work ● Seek and assume additional responsibilities as appropriate ● Exhibit integrity and honesty ● Treat others with respect and dignity ● Give and accept constructive feedback ● Work effectively in a diverse work environment ● Focus on the situation, issue or behavior rather than on the person ● Other: __________________________

2. Work Processes & Results ● Provide products and services that consistently meet or exceed the needs and expectations of

customers ● Use customer satisfaction as a key measure of quality ● Use appropriate problem solving methods to improve processes ● Collect and evaluate relevant information to make decisions ● Use good judgment ● Set and adhere to priorities ● Meet productivity standards, deadlines and work schedules ● Accurate and timely work with minimal supervision ● Achieve results ● Pursue efficiency and economy in the use of resources ● Inform supervisor or appropriate others of problems; identify issues and alternative solutions ● Other: __________________________

3. Teamwork ● Support and focus on the vision, mission, and goals of the organization and team ● Understand the benefits of teamwork ● Cooperate with and offer assistance to others ● Recognize the contributions of others. ● View the success of the organization and team as more important than individual

achievements ● Contribute to the development, cohesion and productivity of the team ● Share information appropriately, internally and externally ● Support teamwork and cooperation through open and honest communication

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● Other: __________________________

4. Innovation and Change ● Creative and innovative when contributing to organizational and individual objectives ● Receptive to new ideas and adaptable to new situations ● Willing to explore different options; avoid defensiveness ● Take calculated risks ● Seek and act on opportunities to improve, streamline, re-invent work processes ● Help others to overcome resistance to change ● Other: __________________________

5. Development ● Participate in opportunities to enhance knowledge and skills identified and offered by the

organization or the evaluator ● Show self-initiative in developing or upgrading knowledge and skills ● Apply new knowledge or skills acquired from developmental opportunities ● Help others learn new systems, processes, or programs ● Learn to use technology effectively as appropriate for the job ● Other: __________________________

6. Communication ● Participate in meetings in an active, cooperative, and courteous manner ● Orally communicate effectively on a one-on-one basis, in small groups, and in presentations ● Write clearly and concisely ● Avoid confusing and convoluted language where possible in written and oral

communications; use plain language ● Use active listening skills; demonstrate attentive posture, eye contact, and gestures; reflect,

repeat, and rephrase information for clarity ● Demonstrate understanding and empathy with the listener or reader ● Timely responses to e-mails, phone messages, and mail ● Other: __________________________

7. Customer Service ● Understand and be responsive to customers’ objectives and needs ● Sensitive to public attitudes and concerns ● Accessible, timely, and responsive in dealing with customers ● Handle customer inquiries and complaints promptly, courteously, and non-bureaucratically ● When possible, go the extra mile to satisfy customer needs and expectations ● Other: __________________________

8. Leadership Performance ● Clearly communicate organization’s mission and goals to staff ● Provide regular ongoing feedback to staff ● Facilitate, coach, and support staff’s efforts to succeed ● Provide meaningful recognition of staff success ● Support diversity in the workplace.

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● Set clear direction and follow through ● Make effective employee selection and promotion recommendations ● Other: __________________________

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Appendix B.2 Performance Evaluation

Classified Staff Performance Evaluation

Employee Name: Department:

Position: Supervisor:

Appraisal: ☐Probation mid-point ☐Probation end ☐Annual ☐Other

Purpose:

● Strengthen communication ● Make sure goals and performance expectations are understood ● Recognize achievements ● Create plans for improvement or change where appropriate ● Create Professional Development Plan to enhance strengths ● Review job description

Steps to complete performance Evaluation: Employee and direct supervisor will:

A. Step 1: Independently fill out all sections of the Performance Evaluation form in preparation for meeting together: (1) things done well, (2) change needed, and (3) the professional development plan.

B. Step 2: Meet to discuss and compare the Performance Evaluation and the supervisor will fill out the final Performance Evaluation form based on this meeting.

C. Step 3: Review present job description. If more than 25% has changed, refer to the reclassification process. D. Step 4: Sign the Performance Evaluation form and the supervisor will submit it to Human Resources.

The Supervisor is responsible for making sure the Performance Evaluation is completed.

1. Things Done Well and Work Accomplishments. Describe specific examples of the employee’s best work, including: ● Achievements ● Successes ● Positive contribution to your unit and/or college ● Completed elements from last PDP

When applicable, list specific facts, use measurable outcomes, and make connections to the college mission, core themes, and/or strategic plan. Performance elements: self-management, work processes & results, teamwork, innovation and change, development, communication, customer service, leadership performance. See Appendix B.1 for complete descriptions.

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2. Performance Elements Where Change is Needed (Leave blank if not applicable) ● Describe the present situation for any performance element that needs improvement or change

● What is happening now (give facts: who, where, when)? ● Why is this a concern? ● How does it affect others?

● Use specific examples to describe what the employee can do to improve, change or learn ● Describe actions the employee will take ● Describe supportive actions the supervisor will take

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3. Professional Development Plan (PDP)

A Professional Development Plan is created by the employee and supervisor to identify desired skills, competencies and resources to support the staff member's performance objectives and college or departmental needs. This is intended to be a one-year timeframe.

Activities/Actions: List the specific activities to help achieve your objectives. Include any resources needed.

Performance Objective: Describe the specific skill or competency that you intend to improve or develop.

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Employee Comments

● The employee may write as much or as little as desired. ● The employee may attach documents if desired (please check box for attachments ☐)

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Employee Signature: Print Name: Date:

Employer Signature: Print Name: Date:

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Appendix C.1 Membership Election/Dues Deduction Form

MEMBERSHIP ELECTION/DUES DEDUCTION FORM LWITFCE LOCAL 4787/AFT WA/AFT/AFL-CIO

I hereby elect to become a member and authorize and direct the Lake Washington Institute of Technology through its officers, agents, and employees, to deduct from that portion of my wages due me each month the amount as certified by LWITFCE Local 4787/AFT WA/AFT/ AFL-CIO at the current dues rate. I further authorize and direct the College to transfer and pay such monies so deducted to the treasurer of Local 4787. Dues are 2.0% of your wage. (Effective 8/13/2015)

Name Last 4 of SIDSSN Home City, Address Zip Home Personal Phone Email: Signature Date

While contributions or gifts to LWITFCE LOCAL 4787/ AFT WA/AFT/AFL-CIO are not tax deductible as charitable contributions for federal income tax purposes, dues may be tax deductible under other provisions of the Internal Revenue Code. Check with your tax advisor for additional information.

I hereby do not elect to become a dues paying member of LWITFCE Local 4787/AFT WA/AFT/ AFL-CIO at the current dues rate. Name (Print) Last 4 of SIDSSN

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Signature Date

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Appendix D.1 Transitional Salary Schedule for Employees who started at the College on June 30, 2007 Memorandum of Understanding A to the Agreement by and between

Lake Washington Institute of Technology District No. 26

and the Lake Washington Institute of Technology

Federation of Classified Employees Local No. 4787

Effective July 1, 2017 through June 30, 2020.

This Memorandum of Understanding is supplemental to the Agreement by and between the College and the Federation.]

Transitional Salary Schedule

These The College and the Federation agree to include in this memorandum of salary schedules are only for employees who were employed by the College on June 32007 and who earned educational stipends that were later added to the transitional salary schedules at the certificate level (Appendix A.1), associate degree level (AppendA.2), bachelor degree level (Appendix A.3), and master degree level (Appendix A.4). These appendices apply only to those eligible employees who transitioned to thesalary schedules under the terms of the prior contract.

Appendix A.1 Transitional Employee Salary Schedule – Certificate Level

Monthly Salary and Hourly Rate Schedule - Certificate Level Effective July 1, 2021 Salary Level STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 11

Monthly

2,391

2,487

2,581

2,680

2,785

2,892

3,009

3,123

3,247

3,375

3,477

3,616

3,761

Hourly 13.74 14.29 14.83 15.40 16.01 16.62 17.29 17.95 18.66 19.40 19.98 20.78 21.6 21

Monthly

2,414

2,509

2,608

2,709

2,815

2,923

3,037

3,155

3,277

3,406

3,508

3,648

3,794

Hourly 13.87 14.42 14.99 15.57 16.18 16.80 17.45 18.13 18.83 19.57 20.16 20.97 21.8 31

Monthly

2,581

2,680

2,785

2,892

3,008

3,123

3,246

3,374

3,507

3,645

3,752

3,902

4,058

Hourly 14.83 15.40 16.01 16.62 17.29 17.95 18.66 19.39 20.16 20.95 21.56 22.43 23.3 41

Monthly

2,684

2,786

2,894

3,010

3,128

3,252

3,377

3,512

3,649

3,793

3,905

4,061

4,224

Hourly 15.43 16.01 16.63 17.30 17.98 18.69 19.41 20.18 20.97 21.80 22.44 23.34 24.2 51

Monthly

2,784

2,892

3,008

3,123

3,246

3,374

3,507

3,645

3,788

3,933

4,050

4,212

4,380

Hourly 16.00 16.62 17.29 17.95 18.66 19.39 20.16 20.95 21.77 22.60 23.28 24.21 25.1 61

Monthly

3,042

3,161

3,287

3,413

3,549

3,685

3,831

3,980

4,139

4,300

4,428

4,605

4,789

Hourly 17.48 18.17 18.89 19.61 20.40 21.18 22.02 22.87 23.79 24.71 25.45 26.47 27.5 71

Monthly

3,157

3,279

3,410

3,546

3,682

3,826

3,975

4,134

4,295

4,467

4,600

4,784

4,975

Hourly 18.14 18.84 19.60 20.38 21.16 21.99 22.84 23.76 24.68 25.67 26.44 27.49 28.5 81

Monthly

3,275

3,403

3,538

3,676

3,819

3,969

4,126

4,289

4,459

4,634

4,774

4,965

5,164

Hourly 18.82 19.56 20.33 21.13 21.95 22.81 23.71 24.65 25.63 26.63 27.44 28.53 29.6

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91

Monthly

3,471

3,605

3,747

3,892

4,048

4,208

4,372

4,542

4,725

4,909

5,056

5,258

5,469

Hourly 19.95 20.72 21.53 22.37 23.26 24.18 25.13 26.10 27.16 28.21 29.06 30.22 31.4

Monthly Salary and Hourly Rate Schedule - Associate Degree Level Effective July 1, 2021 Salary Level STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 12

Monthly

2,398

2,492

2,587

2,686

2,793

2,899

3,015

3,130

3,255

3,382

3,482

3,621

3,766

Hourly 13.78 14.32 14.87 15.44 16.05 16.66 17.33 17.99 18.71 19.44 20.01 20.81 21.6 22

Monthly

2,421

2,517

2,613

2,716

2,821

2,930

3,043

3,163

3,288

3,413

3,516

3,657

3,803

Hourly 13.91 14.47 15.02 15.61 16.21 16.84 17.49 18.18 18.90 19.61 20.21 21.02 21.8 32

Monthly

2,587

2,686

2,793

2,899

3,013

3,130

3,253

3,381

3,515

3,651

3,759

3,909

4,066

Hourly 14.87 15.44 16.05 16.66 17.32 17.99 18.70 19.43 20.20 20.98 21.60 22.47 23.3 42

Monthly

2,691

2,794

2,901

3,016

3,134

3,259

3,383

3,518

3,655

3,799

3,914

4,071

4,233

Hourly 15.47 16.06 16.67 17.33 18.01 18.73 19.44 20.22 21.01 21.83 22.49 23.39 24.3 52

Monthly

2,790

2,899

3,013

3,130

3,253

3,381

3,515

3,651

3,796

3,940

4,056

4,218

4,387

Hourly 16.03 16.66 17.32 17.99 18.70 19.43 20.20 20.98 21.82 22.64 23.31 24.24 25.2 62

Monthly

3,049

3,168

3,292

3,420

3,555

3,692

3,839

3,990

4,145

4,305

4,434

4,611

4,796

Hourly 17.52 18.21 18.92 19.66 20.43 21.22 22.06 22.93 23.82 24.74 25.48 26.50 27.5 72

Monthly

3,166

3,289

3,415

3,552

3,688

3,834

3,984

4,142

4,302

4,473

4,609

4,793

4,985

Hourly 18.20 18.90 19.63 20.41 21.20 22.03 22.90 23.80 24.72 25.71 26.49 27.55 28.6 82

Monthly

3,283

3,411

3,545

3,683

3,826

3,975

4,133

4,296

4,465

4,639

4,781

4,972

5,171

Hourly 18.87 19.60 20.37 21.17 21.99 22.84 23.75 24.69 25.66 26.66 27.48 28.58 29.7 92

Monthly

3,477

3,612

3,756

3,900

4,053

4,213

4,379

4,549

4,732

4,918

5,066

5,269

5,479

Hourly 19.98 20.76 21.59 22.41 23.29 24.21 25.17 26.14 27.20 28.26 29.11 30.28 31.4

Monthly Salary and Hourly Rate Schedule - Bachelor's Degree Level Effective July 1, 2021 Salary Level STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 13

Monthly

2,418

2,512

2,609

2,708

2,814

2,921

3,035

3,150

3,273

3,401

3,503

3,643

3,789

Hourly 13.90 14.44 14.99 15.56 16.17 16.79 17.44 18.10 18.81 19.55 20.13 20.94 21.7 23

Monthly

2,439

2,535

2,634

2,733

2,840

2,947

3,063

3,184

3,305

3,434

3,538

3,680

3,827

Hourly 14.02 14.57 15.14 15.71 16.32 16.94 17.60 18.30 18.99 19.74 20.33 21.15 21.9 33

Monthly

2,609

2,708

2,814

2,921

3,034

3,150

3,272

3,400

3,534

3,670

3,783

3,934

4,092

Hourly 14.99 15.56 16.17 16.79 17.44 18.10 18.80 19.54 20.31 21.09 21.74 22.61 23.5 43

Monthly

2,713

2,815

2,923

3,037

3,154

3,276

3,402

3,539

3,675

3,817

3,933

4,090

4,254






































344


2021-2024

Hourly 15.59 16.18 16.80 17.45 18.13 18.83 19.55 20.34 21.12 21.94 22.60 23.51 24.4 53

Monthly

2,813

2,921

3,034

3,150

3,272

3,400

3,534

3,670

3,814

3,960

4,078

4,241

4,411

Hourly 16.17 16.79 17.44 18.10 18.80 19.54 20.31 21.09 21.92 22.76 23.44 24.37 25.3 63

Monthly

3,069

3,188

3,312

3,439

3,578

3,710

3,856

4,008

4,165

4,326

4,456

4,634

4,820

Hourly 17.64 18.32 19.03 19.76 20.56 21.32 22.16 23.03 23.94 24.86 25.61 26.63 27.7 73

Monthly

3,186

3,306

3,436

3,569

3,707

3,853

4,003

4,161

4,322

4,493

4,628

4,813

5,006

Hourly 18.31 19.00 19.75 20.51 21.30 22.14 23.01 23.91 24.84 25.82 26.60 27.66 28.7 83

Monthly

3,303

3,430

3,561

3,703

3,848

3,998

4,154

4,317

4,485

4,663

4,802

4,994

5,194

Hourly 18.98 19.71 20.47 21.28 22.11 22.98 23.87 24.81 25.78 26.80 27.60 28.70 29.8 93

Monthly

3,496

3,633

3,774

3,920

4,074

4,234

4,398

4,570

4,751

4,935

5,084

5,287

5,499

Monthly Salary and Hourly Rate Schedule - Master's Degree Level Effective July 1, 2021

Salary

14

24

34

44

54

64

74

84

94

Monthly Salary and Hourly Rate Schedule – Certificate Level Effective July 1, 2018











Formatted: Font: (Default) Arial, 10 pt


Formatted: Font: (Default) Arial























Formatted: Normal


345


2021-2024

Salary

Level

Monthly /

hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

11 Monthly 2,132

2,216

2,301

2,389

2,483

2,578

2,682

2,785

2,895

3,009

3,099

Hourly 12.25

12.74

13.22

13.73

14.27

14.82

15.41

16.01

16.64

17.29

17.81

21 Monthly 2,152

2,237

2,325

2,415

2,509

2,606

2,707

2,812

2,922

3,036

3,127

Hourly 12.37

12.86

13.36

13.88

14.42

14.98

15.56

16.16

16.79

17.45

17.97

31 Monthly 2,301

2,389

2,483

2,578

2,681

2,785

2,894

3,008

3,126

3,249

3,345

Hourly 13.22

13.73

14.27

14.82

15.41

16.01

16.63

17.29

17.97

18.67

19.22

41 Monthly 2,393

2,484

2,580

2,683

2,788

2,899

3,011

3,130

3,253

3,381

3,482

Hourly 13.75

14.28

14.83

15.42

16.02

16.66

17.30

17.99

18.70

19.43

20.01

51 Monthly 2,482

2,578

2,681

2,785

2,894

3,008

3,126

3,249

3,377

3,506

3,611

Hourly 14.26

14.82

15.41

16.01

16.63

17.29

17.97

18.67

19.41

20.15

20.75

61 Monthly 2,712

2,818

2,929

3,043

3,164

3,285

3,415

3,548

3,689

3,833

3,947

Hourly 15.59

16.20

16.83

17.49

18.18

18.88

19.63

20.39

21.20

22.03

22.68

71 Monthly 2,814

2,924

3,040

3,161

3,283

3,411

3,544

3,685

3,829

3,982

4,101

Hourly 16.17

16.80

17.47

18.17

18.87

19.60

20.37

21.18

22.01

22.89

23.57

81 Monthly 2,920

3,034

3,154

3,277

3,404

3,538

3,678

3,823

3,975

4,131

4,256

Hourly 16.78

17.44

18.13

18.83

19.56

20.33

21.14

21.97

22.84

23.74

24.46

91 Monthly 3,094

3,214

3,341

3,470

3,609

3,751

3,898

4,049

4,212

4,376

4,507

Hourly 17.78

18.47

19.20

19.94

20.74

21.56

22.40

23.27

24.21

25.15

25.90

Monthly Salary and Hourly Rate Schedule – Certificate Level Effective January 1, 2019

Salary Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

11 Monthly 2,147 2,232 2,317 2,406 2,500 2,596 2,701 2,804 2,915 3,030 3,121 Hourly 12.34 12.83 13.32 13.83 14.37 14.92 15.52 16.11 16.75 17.41 17.94

21 Monthly 2,167 2,253 2,341 2,432 2,527 2,624 2,726 2,832 2,942 3,057 3,149 Hourly 12.45 12.95 13.45 13.98 14.52 15.08 15.67 16.28 16.91 17.57 18.10

31 Monthly 2,317 2,406 2,500 2,596 2,700 2,804 2,914 3,029 3,148 3,272 3,368 Hourly 13.32 13.83 14.37 14.92 15.52 16.11 16.75 17.41 18.09 18.80 19.36

41 Monthly 2,410 2,501 2,598 2,702 2,808 2,919 3,032 3,152 3,276 3,405 3,506 Hourly 13.85 14.37 14.93 15.53 16.14 16.78 17.43 18.11 18.83 19.57 20.15
































346


2021-2024

51 Monthly 2,499 2,596 2,700 2,804 2,914 3,029 3,148 3,272 3,401 3,531 3,636 Hourly 14.36 14.92 15.52 16.11 16.75 17.41 18.09 18.80 19.55 20.29 20.90

61 Monthly 2,731 2,838 2,950 3,064 3,186 3,308 3,439 3,573 3,715 3,860 3,975 Hourly 15.70 16.31 16.95 17.61 18.31 19.01 19.76 20.53 21.35 22.18 22.84

71 Monthly 2,834 2,944 3,061 3,183 3,306 3,435 3,569 3,711 3,856 4,010 4,130 Hourly 16.29 16.92 17.59 18.29 19.00 19.74 20.51 21.33 22.16 23.05 23.74

81 Monthly 2,940 3,055 3,176 3,300 3,428 3,563 3,704 3,850 4,003 4,160 4,286 Hourly 16.90 17.56 18.25 18.97 19.70 20.48 21.29 22.13 23.01 23.91 24.63

91 Monthly 3,116 3,236 3,364 3,494 3,634 3,777 3,925 4,077 4,241 4,407 4,539 Hourly 17.91 18.60 19.33 20.08 20.89 21.71 22.56 23.43 24.37 25.33 26.09

Monthly Salary and Hourly Rate Schedule – Certificate Level Effective July 1, 2019

Salary

Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

11 Monthly 2,326 2,419 2,511 2,607 2,709 2,813 2,927 3,038 3,159 3,283 3,382

Hourly 13.37 13.90 14.43 14.98 15.57 16.17 16.82 17.46 18.16 18.87 19.44

21 Monthly 2,348 2,441 2,537 2,635 2,738 2,843 2,954 3,069 3,188 3,313 3,412

Hourly 13.49 14.03 14.58 15.14 15.74 16.34 16.98 17.64 18.32 19.04 19.61

31 Monthly 2,511 2,607 2,709 2,813 2,926 3,038 3,158 3,282 3,411 3,546 3,650


51 Monthly 2,708 2,813 2,926 3,038 3,158 3,282 3,411 3,546 3,685 3,826 3,940

Hourly 15.56 16.17 16.82 17.46 18.15 18.86 19.60 20.38 21.18 21.99 22.64

61 Monthly 2,959 3,075 3,197 3,320 3,452 3,585 3,727 3,872 4,026 4,183 4,307

Hourly 17.01 17.67 18.37 19.08 19.84 20.60 21.42 22.25 23.14 24.04 24.75

71 Monthly 3,071 3,190 3,317 3,449 3,582 3,722 3,867 4,021 4,178 4,345 4,475

Hourly 17.65 18.33 19.06 19.82 20.59 21.39 22.22 23.11 24.01 24.97 25.72

81 Monthly 3,186 3,310 3,442 3,576 3,715 3,861 4,014 4,172 4,338 4,508 4,644

Hourly 18.31 19.02 19.78 20.55 21.35 22.19 23.07 23.98 24.93 25.91 26.69 91 Monthly 3,376 3,507 3,645 3,786 3,938 4,093 4,253 4,418 4,596 4,775 4,918

Hourly 19.40 20.16 20.95 21.76 22.63 23.52 24.44 25.39 26.41 27.44 28.26

Appendix A.2 Transitional Employee Salary Schedule – Associate Degree Level

Monthly Salary and Hourly Rate Schedule – Associate Degree Level Effective July 1, 2018

Salary

Level

Monthly /

hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

12 Monthly 2,138 2,221 2,307

2,394

2,490 2,584 2,688 2,790 2,902 3,015 3,104

Hourly 12.29 12.76 13.26

13.76

14.31 14.85 15.45 16.03 16.68 17.33 17.84

22 Monthly 2,158 2,243 2,330

2,421

2,514 2,612 2,713 2,820 2,930 3,043 3,134

Hourly 12.40 12.89 13.39

13.91

14.45 15.01 15.59 16.21 16.84 17.49 18.01









































347


2021-2024

32 Monthly 2,307 2,394 2,490

2,584

2,686 2,790 2,900 3,014 3,133 3,255 3,352

Hourly 13.26 13.76 14.31

14.85

15.44 16.03 16.67 17.32 18.01 18.71 19.26

42 Monthly 2,399 2,491 2,586

2,689

2,794 2,905 3,016 3,136 3,258 3,387 3,489

Hourly 13.79 14.32 14.86

15.45

16.06 16.70 17.33 18.02 18.72 19.47 20.05

52 Monthly 2,488 2,584 2,686

2,790

2,900 3,014 3,133 3,255 3,384 3,512 3,617

Hourly 14.30 14.85 15.44

16.03

16.67 17.32 18.01 18.71 19.45 20.18 20.79

62 Monthly 2,718 2,824 2,934

3,049

3,169 3,291 3,422 3,557 3,695 3,838 3,952

Hourly 15.62 16.23 16.86

17.52

18.21 18.91 19.67 20.44 21.24 22.06 22.71

72 Monthly 2,822 2,931 3,045

3,166

3,288 3,418 3,551 3,692 3,835 3,987 4,108

Hourly 16.22 16.84 17.50

18.20

18.90 19.64 20.41 21.22 22.04 22.91 23.61

82 Monthly 2,928 3,041 3,160

3,284

3,411 3,544 3,684 3,830 3,980 4,136 4,262

Hourly 16.83 17.48 18.16

18.87

19.60 20.37 21.17 22.01 22.87 23.77 24.49

92 Monthly 3,099 3,220 3,349

3,477

3,614 3,756 3,904 4,056 4,218 4,384 4,516

Hourly 17.81 18.51 19.25

19.98

20.77 21.59 22.44 23.31 24.24 25.20 25.95

Monthly Salary and Hourly Rate Schedule – Associate Degree Level Effective January 1, 2019

Salary Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

12 Monthly 2,153 2,237 2,323 2,411 2,507 2,602 2,707 2,810 2,922 3,036 3,126 Hourly 12.37 12.86 13.35 13.86 14.41 14.95 15.56 16.15 16.79 17.45 17.97

22 Monthly 2,173 2,259 2,346 2,438 2,532 2,630 2,732 2,840 2,951 3,064 3,156 Hourly 12.49 12.98 13.48 14.01 14.55 15.11 15.70 16.32 16.96 17.61 18.14

32 Monthly 2,323 2,411 2,507 2,602 2,705 2,810 2,920 3,035 3,155 3,278 3,375 Hourly 13.35 13.86 14.41 14.95 15.55 16.15 16.78 17.44 18.13 18.84 19.40

42 Monthly 2,416 2,508 2,604 2,708 2,814 2,925 3,037 3,158 3,281 3,411 3,513 Hourly 13.89 14.41 14.97 15.56 16.17 16.81 17.45 18.15 18.86 19.60 20.19

52 Monthly 2,505 2,602 2,705 2,810 2,920 3,035 3,155 3,278 3,408 3,537 3,642 Hourly 14.40 14.95 15.55 16.15 16.78 17.44 18.13 18.84 19.59 20.33 20.93

62 Monthly 2,737 2,844 2,955 3,070 3,191 3,314 3,446 3,582 3,721 3,865 3,980 Hourly 15.73 16.34 16.98 17.64 18.34 19.05 19.80 20.59 21.39 22.21 22.87

72 Monthly 2,842 2,952 3,066 3,188 3,311 3,442 3,576 3,718 3,862 4,015 4,137 Hourly 16.33 16.97 17.62 18.32 19.03 19.78 20.55 21.37 22.20 23.07 23.78

82 Monthly 2,948 3,062 3,182 3,307 3,435 3,569 3,710 3,857 4,008 4,165 4,292 Hourly 16.94 17.60 18.29 19.01 19.74 20.51 21.32 22.17 23.03 23.94 24.67

92 Monthly 3,121 3,243 3,372 3,501 3,639 3,782 3,931 4,084 4,248 4,415 4,548









































348


2021-2024

Hourly 17.94 18.64 19.38 20.12 20.91 21.74 22.59 23.47 24.41 25.37 26.14

Monthly Salary and Hourly Rate Schedule - Associate Degree Level Effective July 1, 2019

Salary

Level

Monthly /

hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

12 Monthly 2,333 2,424 2,517 2,613 2,717 2,820 2,933 3,045 3,166 3,290 3,387 Hourly 13.41 13.93 14.47 15.02 15.61 16.21 16.86 17.50 18.20 18.91 19.47

22 Monthly 2,355 2,448 2,542 2,642 2,744 2,850 2,960 3,077 3,198 3,320 3,420 Hourly 13.53 14.07 14.61 15.18 15.77 16.38 17.01 17.68 18.38 19.08 19.66

32 Monthly 2,517 2,613 2,717 2,820 2,931 3,045 3,164 3,289 3,419 3,552 3,657 Hourly 14.47 15.02 15.61 16.21 16.84 17.50 18.18 18.90 19.65 20.41 21.02

42 Monthly 2,618 2,718 2,822 2,934 3,049 3,170 3,291 3,422 3,555 3,696 3,807 Hourly 15.05 15.62 16.22 16.86 17.52 18.22 18.91 19.67 20.43 21.24 21.88

52 Monthly 2,714 2,820 2,931 3,045 3,164 3,289 3,419 3,552 3,693 3,833 3,946 Hourly 15.60 16.21 16.84 17.50 18.18 18.90 19.65 20.41 21.22 22.03 22.68

62 Monthly 2,966 3,082 3,202 3,327 3,458 3,591 3,734 3,881 4,032 4,188 4,313 Hourly 17.05 17.71 18.40 19.12 19.87 20.64 21.46 22.30 23.17 24.07 24.79

72 Monthly 3,080 3,199 3,322 3,455 3,588 3,730 3,875 4,029 4,185 4,351 4,483 Hourly 17.70 18.39 19.09 19.86 20.62 21.44 22.27 23.16 24.05 25.01 25.76

82 Monthly 3,194 3,318 3,448 3,583 3,722 3,867 4,020 4,179 4,343 4,513 4,651 Hourly 18.36 19.07 19.82 20.59 21.39 22.22 23.10 24.02 24.96 25.94 26.73

92 Monthly 3,382 3,514 3,654 3,794 3,943 4,098 4,260 4,425 4,603 4,784 4,928 Hourly 19.44 20.20 21.00 21.80 22.66 23.55 24.48 25.43 26.45 27.49 28.32

Appendix A.3 Transitional Employee Salary Schedule – Bachelor Degree Level

Monthly Salary and Hourly Rate Schedule – Bachelor Degree Level Effective July 1, 2018

Salary

Level

Monthly /

hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

13 Monthly 2,156 2,239

2,326

2,414

2,508

2,604 2,705 2,808 2,918 3,032 3,123

Hourly 12.39 12.87

13.37

13.87

14.41

14.97 15.55 16.14 16.77 17.43 17.95

23 Monthly 2,175 2,260

2,348

2,437

2,532

2,628 2,731 2,838 2,946 3,061 3,154

Hourly 12.50 12.99

13.49

14.01

14.55

15.10 15.70 16.31 16.93 17.59 18.13

33 Monthly 2,326 2,414

2,508

2,604

2,704

2,808 2,917 3,031 3,151 3,272 3,372

Hourly 13.37 13.87

14.41

14.97

15.54

16.14 16.76 17.42 18.11 18.80 19.38

43 Monthly 2,418 2,509

2,606

2,707

2,811

2,921 3,033 3,155 3,276 3,403 3,506

Hourly 13.90 14.42

14.98

15.56

16.16

16.79 17.43 18.13 18.83 19.56 20.15

53 Monthly 2,507 2,604

2,704

2,808

2,917

3,031 3,151 3,272 3,400 3,530 3,636

































349


2021-2024

Hourly 14.41 14.97

15.54

16.14

16.76

17.42 18.11 18.80 19.54 20.29 20.90

63 Monthly 2,736 2,842

2,952

3,066

3,190

3,308 3,438 3,573 3,713 3,856 3,973

Hourly 15.72 16.33

16.97

17.62

18.33

19.01 19.76 20.53 21.34 22.16 22.83

73 Monthly 2,840 2,947

3,063

3,182

3,305

3,435 3,569 3,710 3,853 4,006 4,126

Hourly 16.32 16.94

17.60

18.29

18.99

19.74 20.51 21.32 22.14 23.02 23.71

83 Monthly 2,944 3,059

3,175

3,301

3,430

3,564 3,703 3,848 3,998 4,157 4,281

Hourly 16.92 17.58

18.25

18.97

19.71

20.48 21.28 22.11 22.98 23.89 24.60

93 Monthly 3,117 3,238

3,364

3,495

3,632

3,775 3,921 4,074 4,235 4,400 4,532

Hourly 17.91 18.61

19.33

20.09

20.87

21.70 22.53 23.41 24.34 25.29 26.05

Monthly Salary and Hourly Rate Schedule – Bachelor Degree Level Effective January 1, 2019

Salary Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

13 Monthly 2,171 2,255 2,342 2,431 2,526 2,622 2,724 2,828 2,938 3,053 3,145 Hourly 12.48 12.96 13.46 13.97 14.52 15.07 15.66 16.25 16.89 17.55 18.07

23 Monthly 2,190 2,276 2,364 2,454 2,550 2,646 2,750 2,858 2,967 3,082 3,176 Hourly 12.59 13.08 13.59 14.10 14.66 15.21 15.80 16.43 17.05 17.71 18.25

33 Monthly 2,342 2,431 2,526 2,622 2,723 2,828 2,937 3,052 3,173 3,295 3,396 Hourly 13.46 13.97 14.52 15.07 15.65 16.25 16.88 17.54 18.24 18.94 19.52

43 Monthly 2,435 2,527 2,624 2,726 2,831 2,941 3,054 3,177 3,299 3,427 3,531 Hourly 13.99 14.52 15.08 15.67 16.27 16.90 17.55 18.26 18.96 19.70 20.29

53 Monthly 2,525 2,622 2,723 2,828 2,937 3,052 3,173 3,295 3,424 3,555 3,661 Hourly 14.51 15.07 15.65 16.25 16.88 17.54 18.24 18.94 19.68 20.43 21.04

63 Monthly 2,755 2,862 2,973 3,087 3,212 3,331 3,462 3,598 3,739 3,883 4,001 Hourly 15.83 16.45 17.09 17.74 18.46 19.14 19.90 20.68 21.49 22.32 22.99

73 Monthly 2,860 2,968 3,084 3,204 3,328 3,459 3,594 3,736 3,880 4,034 4,155 Hourly 16.44 17.06 17.72 18.41 19.13 19.88 20.66 21.47 22.30 23.18 23.88

83 Monthly 2,965 3,080 3,197 3,324 3,454 3,589 3,729 3,875 4,026 4,186 4,311 Hourly 17.04 17.70 18.37 19.10 19.85 20.63 21.43 22.27 23.14 24.06 24.78

93 Monthly 3,139 3,261 3,388 3,519 3,657 3,801 3,948 4,103 4,265 4,431 4,564 Hourly 18.04 18.74 19.47 20.22 21.02 21.84 22.69 23.58 24.51 25.47 26.23

Monthly Salary and Hourly Rate Schedule - Bachelor Degree Level Effective July 1, 2019

Salary

Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

13 Monthly 2,352 2,444 2,538 2,634 2,737 2,841 2,952 3,064 3,184 3,308 3,408

Hourly 13.52 14.05 14.59 15.14 15.73 16.33 16.97 17.61 18.30 19.01 19.59

23 Monthly 2,373 2,466 2,562 2,659 2,763 2,867 2,980 3,097 3,215 3,340 3,442










































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Hourly 13.64 14.17 14.72 15.28 15.88 16.48 17.13 17.80 18.48 19.20 19.78

33 Monthly 2,538 2,634 2,737 2,841 2,951 3,064 3,183 3,307 3,438 3,570 3,680


53 Monthly 2,736 2,841 2,951 3,064 3,183 3,307 3,438 3,570 3,710 3,852 3,967

Hourly 15.72 16.33 16.96 17.61 18.29 19.01 19.76 20.52 21.32 22.14 22.80

63 Monthly 2,985 3,101 3,222 3,345 3,481 3,609 3,751 3,899 4,052 4,208 4,335

Hourly 17.16 17.82 18.52 19.22 20.01 20.74 21.56 22.41 23.29 24.18 24.91

73 Monthly 3,099 3,216 3,342 3,472 3,606 3,748 3,894 4,048 4,204 4,371 4,502

Hourly 17.81 18.48 19.21 19.95 20.72 21.54 22.38 23.26 24.16 25.12 25.87

83 Monthly 3,213 3,337 3,464 3,602 3,743 3,889 4,041 4,199 4,363 4,536 4,671

Hourly 18.47 19.18 19.91 20.70 21.51 22.35 23.22 24.13 25.07 26.07 26.84 93 Monthly 3,401 3,534 3,671 3,813 3,963 4,119 4,278 4,446 4,622 4,801 4,946

Hourly 19.55 20.31 21.10 21.91 22.78 23.67 24.59 25.55 26.56 27.59 28.43

Appendix A.4 Transitional Employee Salary Schedule – Master Degree Level

Monthly Salary and Hourly Rate Schedule – Master Degree Level Effective July 1, 2018

Salary

Level

Monthly /

hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

14 Monthly 2,167 2,252 2,336

2,425

2,518

2,615 2,718 2,821 2,931 3,044 3,135

Hourly 12.45 12.94 13.43

13.94

14.47

15.03 15.62 16.21 16.84 17.49 18.02

24 Monthly 2,188 2,273 2,361

2,449

2,545

2,642 2,743 2,849 2,960 3,072 3,164

Hourly 12.57 13.06 13.57

14.07

14.63

15.18 15.76 16.37 17.01 17.66 18.18

34 Monthly 2,336 2,425 2,518

2,615

2,717

2,821 2,930 3,043 3,163 3,285 3,384

Hourly 13.43 13.94 14.47

15.03

15.61

16.21 16.84 17.49 18.18 18.88 19.45

44 Monthly 2,430 2,519 2,617

2,719

2,824

2,934 3,045 3,166 3,288 3,417 3,520

Hourly 13.97 14.48 15.04

15.63

16.23

16.86 17.50 18.20 18.90 19.64 20.23

54 Monthly 2,517 2,615 2,717

2,821

2,930

3,043 3,163 3,285 3,412 3,541 3,648

Hourly 14.47 15.03 15.61

16.21

16.84

17.49 18.18 18.88 19.61 20.35 20.97

64 Monthly 2,748 2,853 2,964

3,079

3,200

3,321 3,452 3,584 3,723 3,869 3,985

Hourly 15.79 16.40 17.03

17.70

18.39

19.09 19.84 20.60 21.40 22.24 22.90

74 Monthly 2,851 2,961 3,075

3,197

3,319

3,448 3,581 3,720 3,865 4,017 4,136

Hourly 16.39 17.02 17.67

18.37

19.07

19.82 20.58 21.38 22.21 23.09 23.77
































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84 Monthly 2,957 3,070 3,191

3,312

3,440

3,575 3,714 3,859 4,010 4,167 4,293

Hourly 16.99 17.64 18.34

19.03

19.77

20.55 21.34 22.18 23.05 23.95 24.67

94 Monthly 3,129 3,251 3,378

3,507

3,644

3,787 3,934 4,086 4,247 4,411 4,543

Hourly 17.98 18.68 19.41

20.16

20.94

21.76 22.61 23.48 24.41 25.35 26.11

Monthly Salary and Hourly Rate Schedule – Master Degree Level Effective January 1, 2019

Salary Level

Monthly / hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

14 Monthly 2,182 2,268 2,352 2,442 2,536 2,633 2,737 2,841 2,952 3,065 3,157

Hourly 12.54 13.03 13.52 14.03 14.57 15.13 15.73 16.33 16.97 17.61 18.14 24 Monthly 2,203 2,289 2,378 2,466 2,563 2,660 2,762 2,869 2,981 3,094 3,186

Hourly 12.66 13.16 13.67 14.17 14.73 15.29 15.87 16.49 17.13 17.78 18.31 34 Monthly 2,352 2,442 2,536 2,633 2,736 2,841 2,951 3,064 3,185 3,308 3,408

Hourly 13.52 14.03 14.57 15.13 15.72 16.33 16.96 17.61 18.30 19.01 19.59 44 Monthly 2,447 2,537 2,635 2,738 2,844 2,955 3,066 3,188 3,311 3,441 3,545

Hourly 14.06 14.58 15.14 15.74 16.34 16.98 17.62 18.32 19.03 19.78 20.37 54 Monthly 2,535 2,633 2,736 2,841 2,951 3,064 3,185 3,308 3,436 3,566 3,674

Hourly 14.57 15.13 15.72 16.33 16.96 17.61 18.30 19.01 19.75 20.49 21.11 64 Monthly 2,767 2,873 2,985 3,101 3,222 3,344 3,476 3,609 3,749 3,896 4,013

Hourly 15.90 16.51 17.16 17.82 18.52 19.22 19.98 20.74 21.55 22.39 23.06 74 Monthly 2,871 2,982 3,097 3,219 3,342 3,472 3,606 3,746 3,892 4,045 4,165

Hourly 16.50 17.14 17.80 18.50 19.21 19.95 20.72 21.53 22.37 23.25 23.94 84 Monthly 2,978 3,091 3,213 3,335 3,464 3,600 3,740 3,886 4,038 4,196 4,323

Hourly 17.11 17.76 18.47 19.17 19.91 20.69 21.49 22.33 23.21 24.11 24.84 94 Monthly 3,151 3,274 3,402 3,532 3,670 3,814 3,962 4,115 4,277 4,442 4,575

Hourly 18.11 18.82 19.55 20.30 21.09 21.92 22.77 23.65 24.58 25.53 26.29


Salary

Level

Monthly /

hourly

STEP A

STEP B

STEP C

STEP D

STEP E

STEP F

STEP G

STEP H

STEP I

STEP J

STEP K*

14 Monthly 2,36

4 2,45

8 2,54

9 2,64

6 2,74

8 2,85

3 2,96

6 3,07

9 3,19

9 3,32

1 3,42

1

Hourly 13.5

9 14.1

3 14.6

5 15.2

1 15.7

9 16.4

0 17.0

5 17.7

0 18.3

9 19.0

9 19.6

6

24 Monthly 2,38

7 2,48

0 2,57

7 2,67

2 2,77

7 2,88

2 2,99

3 3,10

9 3,23

0 3,35

3 3,45

2

Hourly 13.7

2 14.2

5 14.8

1 15.3

6 15.9

6 16.5

6 17.2

0 17.8

7 18.5

6 19.2

7 19.8

4

34 Monthly 2,54

9 2,64

6 2,74

8 2,85

3 2,96

5 3,07

9 3,19

8 3,32

0 3,45

1 3,58

5 3,69

3

Hourly 14.6

5 15.2

1 15.7

9 16.4

0 17.0

4 17.7

0 18.3

8 19.0

8 19.8

3 20.6

0 21.2

2

44 Monthly 2,65

2 2,74

9 2,85

5 2,96

7 3,08

2 3,20

2 3,32

2 3,45

5 3,58

8 3,72

9 3,84

1









































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Hourly 15.2

4 15.8

0 16.4

1 17.0

5 17.7

1 18.4

0 19.0

9 19.8

6 20.6

2 21.4

3 22.0

7

54 Monthly 2,74

7 2,85

3 2,96

5 3,07

9 3,19

8 3,32

0 3,45

1 3,58

5 3,72

3 3,86

4 3,98

1

Hourly 15.7

9 16.4

0 17.0

4 17.7

0 18.3

8 19.0

8 19.8

3 20.6

0 21.4

0 22.2

1 22.8

8

64 Monthly 2,99

8 3,11

3 3,23

5 3,36

0 3,49

1 3,62

4 3,76

7 3,91

1 4,06

2 4,22

2 4,34

8

Hourly 17.2

3 17.8

9 18.5

9 19.3

1 20.0

6 20.8

3 21.6

5 22.4

8 23.3

4 24.2

6 24.9

9

74 Monthly 3,11

1 3,23

1 3,35

6 3,48

8 3,62

1 3,76

2 3,90

7 4,05

9 4,21

7 4,38

3 4,51

3

Hourly 17.8

8 18.5

7 19.2

9 20.0

5 20.8

1 21.6

2 22.4

5 23.3

3 24.2

4 25.1

9 25.9

4

84 Monthly 3,22

7 3,34

9 3,48

2 3,61

4 3,75

4 3,90

1 4,05

3 4,21

1 4,37

6 4,54

7 4,68

4

Hourly 18.5

5 19.2

5 20.0

1 20.7

7 21.5

7 22.4

2 23.2

9 24.2

0 25.1

5 26.1

3 26.9

2

94 Monthly 3,41

4 3,54

8 3,68

6 3,82

7 3,97

7 4,13

3 4,29

3 4,45

9 4,63

5 4,81

3 4,95

7

Hourly 19.6

2 20.3

9 21.1

8 21.9

9 22.8

6 23.7

5 24.6

7 25.6

3 26.6

4 27.6

6 28.4

9

* Step K will be implemented effective July 1, 2016. Advancement to Step K requires an employee to have been on Step J for five (5) years.















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Memorandum of Understanding B by and between

Lake Washington Institute of Technology, District No. 26 and the

Lake Washington Institute of Technology Federation of Classified Employees, Local 4787 Effective January 26, 2017 through June 29, 2020

This memorandum of understanding is supplemental to the Agreement by and between the Lake Washington Institute of Technology District No. 26, hereinafter referred to as the Employer, and the Lake Washington Institute of Technology Federation of Classified Employees Local 4787, hereinafter referred to as the Federation.

Article 1, sections 1.1 and 1.1.3 refers to “substitutes” and “casual” employees. These terms are not currently used as they are defined in the contract. For the duration of the contract, these terms and definitions will be replaced and implemented as follows:

1. Temporary Employee: A person working less than 360 hours, who is hired to fill a vacant position, work on a project or otherwise does bargaining unit work for a defined period of time. Temporary employees working in excess of 360 hours within a twelve (12) month period in the same year becomes subject to the contract per section 1.1. Substitute Employee: An employee who is eligible to work on an as-needed or defined period of time in the absence of a regular employee who is expected to return to their position. Casual Employee: Replaced by the term “Temporary Employee” above.

2. To facilitate the tracking of time worked by the temporary employee to comply with the contract, the forty-five days referenced in Article 1, section 1.1 shall be converted to hours based on an eight (8) hour day. For the duration of this contract, the 45 days means 360 hours.

3. Temporary or Substitute employees working in excess of 360 hours in the same position shall be subject to the terms and conditions of the contract. In the event an assignment will exceed 360 hours, an exception may be made on a case by case basis when agreed to by the Federation.

4. The Employer will provide the Federation a monthly listing of all classified union employees notating which employees are temporary and the current number of hours the employee has worked.

Commented [14]: incorperated

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Memorandum of Understanding C by and between


Lake Washington Institute of Technology Federation of Classified Employees, Local 4787

Effective July 1, 2017 through June 30, 2020 This memorandum of understanding is supplemental to the Agreement by and between the Lake

Washington Institute of Technology District No. 26, hereinafter referred to as the Employer, and the Lake Washington Institute of Technology Federation of Classified Employees Local 4787, hereinafter

referred to as the Federation. The Employer and the Federation have agreed to define “Paid Status” in Section 14.3 as having

worked the scheduled working day before and after the holiday. This memorandum is effective 11/15/15.

Commented [15]: incorporated

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Memorandum of Understanding D by and between





referred to as the Federation. The Employer and the Federation have agreed to change in Article 2 and Appendix C.1 and Appendix

C.2 as follows: Article 2, Section 2.1 (see attached) Article 2, Section 2.2 (see attached)

Appendix C.1 (see attached) Appendix C.2 (eliminated)

This memorandum takes effect 11/6/2018.


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Article 2 Dues Deductions/Representation Fees Section 2.1

Dues Deduction: The employer shall provide a membership election/dues deduction form to eligible employees. Upon authorization to the Employer and Federation by an employee to become a member

of the Federation and pay membership dues, the Employer shall process payroll deduction of dues. The Employer will honor the terms and conditions of each employee's signed membership

election/dues deduction form.


Section 2.3 The Federation shall provide the College’s Executive Director of Chief Human Resources Officer

written notification of a change in the dues deduction percentage at least sixty (60) days prior to the implementation of such change.

Section 2.4 Revocation: an employee may revoke their authorization for payroll deduction of payments to the

Federation by written notice on the membership election/dues deduction form to the Employer and Federation in accordance with the terms and conditions of their signed membership election/dues

deduction form. Every effort will be made to end the deduction effective on the next available payroll.

Section 2.5 Indemnification: The College shall be held harmless by the Federation and employees for compliance

with this Article.



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Memorandum of Understanding E by and between





referred to as the Federation. The Employer and the Federation have agreed to changes in Article 11 to reflect changes in annual

evaluation due dates as follows: Article 11 Section 11.1

The immediate supervisor shall evaluate the performance of each employee annually before June 30 using the evaluation process and forms in Appendix B.1 and B.2. Employees and supervisors are

encouraged to use the evaluation process throughout the year. Article 11 Section 11.1.1

Evaluations are due for the following employees: ● Employees whose anniversary months fall in: April, May, June, July, August, September, October, November,

and December Evaluations are not due for the following employees:





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