Wash. Admin. Code § 132S-300-400 - Fines and penalties

The vice president of administrative services or designee is authorized to impose fines and penalties for the violation of the rules and regulations contained in this chapter.

(1) Fines. A schedule of fines shall be published online at the college's website located atwww.columbiabasin.edu. An individual receiving a parking citation must pay fine(s) imposed in accordance with the schedule of fines. Visitors who have received citations for parking violations may return the citation to the campus security office with name, address, and a brief explanation. The chief campus security official may void the citation as a courtesy notice. Any individual may file an appeal for any parking citation under the appeals section of this subchapter and as described in further detail on the college's website.

(2) Unpaid fines. If any parking citation remains unpaid eight days after issuance on the citation or after appeal of the citation, Columbia Basin College may take actions including, but not limited to:

(a) Initiate collection action;

(b) Make collections from funds received from or on behalf of a student;

(c) Deny or withhold admission to or registration with the college, conferral of degrees or certificates, and/or issuance of academic transcripts;

(d) Refer the matter for discipline under chapter 132S-100 WAC;

(e) Deny any other provisions or other services, including refunds.

(3) Student conduct referral. An accumulation of unpaid citations or traffic offenses by a student may be referred to the chief student conduct officer for initiation of disciplinary proceedings under chapter 132S-100 WAC as the chief student conduct officer deems appropriate. No disciplinary action for unpaid citations shall be taken until the student has completed the appeal process or waived their appeal rights.

(4) Impoundment. Vehicles parked on a Columbia Basin College campus in violation of any of the regulations contained in this chapter may be impounded at the discretion of the vice president of administrative services or the chief campus security official. If a vehicle is impounded, it may be taken to such place for storage as the vice president of administrative services or designee selects. The expenses of such impounding and storage shall be charged to the owner or operator of the vehicle and paid by them prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(5) Appeals. Any fines and penalties for citations under the rules and regulations of this chapter must be appealed in writing, stating fully all grounds for appeal, within five days from the date of the citation, to the chief campus security official or designee who will:

(a) First level appeal. After review of the appeal the chief campus security official or designee may uphold, reduce or waive the fine(s) associated with the citation. Any fine(s) still levied against the appellant must be paid in accordance with the schedule of fines unless appellant wishes to pursue a second-level appeal. If the citation remains unpaid thereafter, the college may take actions stated above and/or in chapter 132S-100 WAC. The chief campus security official will advise the appealing party in writing as soon as practicable of their decision, along with second-level appeal rights and location of the appeal form.

(b) Second-level appeal. If the appealing party is dissatisfied with the chief campus security official's decision, the appealing party may submit the same appeal to the citation review committee within five days of receipt of the chief campus security official's decision. Failure to appeal in writing within the five-day period constitutes a waiver of right of appeal. The written appeal form completed by the appealing party must either request an appearance before the citation review committee or include a written appeal for the citation review committee to consider. Upon receipt of a request to appear before the committee, the appealing party will be notified in writing of the next scheduled committee meeting at which the appealing party can present their appeal. The citation review committee will review the second-level appeal and advise the appealing party as soon as practicable of the committee's decision. The citation review committee hears appeals of citations issued pursuant to the regulations of this chapter and using the following criteria:

(i) Did an institutional error occur?

(ii) Were there extenuating circumstances that caused the error to occur?

(iii) Did the appealing party make a good faith effort to comply with the parking rules?

The campus security department is permitted to provide responsive information for the appeal and/or to provide rebuttal during the appealing party's presentation to the committee. The decision of the citation review committee will be final.

(6) Composition of citation review committee. The college president shall appoint no less than eight members to the citation review committee. The committee will be composed of at least one faculty member, one exempt staff, one classified staff and one student with the remaining from the same group type in equal numbers. Each timely filed appeal will be reviewed by a minimum of three available members of the committee and in odd numbers thereafter to avoid a tie for decision making purposes. This composition of the committee will be expected whether the appeal is for the appealing party's presentation or review of the appealing party's written appeal.

(7) Applicability. These appeal procedures will be applicable to all students, faculty and staff or other persons utilizing college facilities who receive fines for violations of these rules and regulations.

Notes

Wash. Admin. Code § 132S-300-400

Adopted by WSR 16-12-039, Filed 5/25/2016, effective 6/25/2016 Amended by WSR 20-23-031, Filed 11/10/2020, effective 12/11/2020