Federal and State Regulations

Non-Discrimination Under Programs Receiving Federal Assistance Through the Department of Education Effectuation of Title VI of the Civil Rights Act of 1964

Title 34, Subtitle B, Chapter 1, Part 100

The purpose of this part is to effectuate the provisions of title VI of the Civil Rights Act of 1964 (hereafter referred to as the “Act”) to the end that no person in the United States shall; on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Education.

Non-Discrimination of the Basis of Sex in Education Programs or Activities

Title 34, Subtitle B, Chapter 1, Part 106

The purpose of this part is to effectuate Title IX of the Education Amendments of 1972, which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in this part. This part is also intended to effectuate section 844 of the Education Amendments of 1974.

Cascadia Title IX

Drug Free Schools and Campuses Act

Cascadia College complies with the reporting requirements of the Drug-Free Workplace Act of 1998 and the Drug-Free Schools and Communities Act of Amendments of 1989 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act of 1998.

In compliance with the Drug-Free Schools and Campuses Act (EDGAR 34 CFR, Part 86), Cascadia annually distributes the following information to students and staff:

Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of school activities

Cascadia’s Student Code of Conduct Washington Administrative Code WAC 132Z-115-090, (10) prohibits students from “The possession, use, sale, or distribution of any alcoholic beverage or illegal drug on the college campus; or while attending a college-sponsored event on non-college property”

Administrative Procedure 6.3.110.08 prohibits employees from manufacturing, distributing, dispensing, possessing, or using a controlled substance

Cascadia maintains a referral list of agencies and individuals providing support services to students struggling with drug and/or alcohol use/abuse. Such referrals can be accessed by contacting the Kodiak Corner front counter at (425) 352-8860.

A description of the applicable legal sanctions and disciplinary actions

Cascadia’s Student Code of Conduct (WAC 132Z-115-070) states that “Students may be accountable both to civil authorities and to the college for acts that constitute violations of law and of this code. Disciplinary action at the college will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.” Aside from any criminal proceedings, the college may impose sanctions ranging from a verbal warning to dismissal, as outlined in WAC 132Z-115-120, (4).

Administrative procedure 6.3.110.08 outlines the sanctions for employees found to have violated provisions of the Drug-Free Schools and Campuses Act. The policy reads, “Violation of this policy will be reason for disciplinary action up to and including dismissal, or for mandatory evaluation treatment for substance abuse.”

A description of any drug or alcohol counseling, treatment, or rehabilitation/re-entry programs

Administrative procedure 6.3.110.08 states that “Cascadia College recognizes drug use and/or dependency to be a health, safety, and security problem,” and offers employees assistance through the State Employee Advisory Services and/or employee medical insurance plans

Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap

Title 34, Subtitle B, Chapter 1, Part 100,  Appendix B to Part 100

These Guidelines apply to recipients of any Federal financial assistance from the Department of Education that offer or administer programs of vocational education or training. This includes State agency recipients.

Supplemental Anti-Discrimination Policy Information

Notification of Rights under FERPA for Postsecondary Institutions

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:

1. The right to inspect and review the student's education records within 45 days after the day Cascadia College receives a request for access. A student should submit to the Director of Enrollment Services a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

   A student who wishes to ask Cascadia College to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants to change, and specify why it should be changed.

   If Cascadia College decides not to amend the record as requested, Cascadia College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to provide written consent before Cascadia College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

   Cascadia College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official typically includes a person employed by the Cascadia College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Cascadia College who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Cascadia College.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Cascadia College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

   Student Privacy Policy Office
   U.S. Department of Education
   400 Maryland Avenue, SW
   Washington, DC 20202

   Release of student record information is generally not done at Cascadia College without the expressed, written consent of the student. There are, however, some exceptions.

   Examples of exceptions include:

   • Though it is Cascadia’s policy to only confirm dates of attendance, major field of study, and degree and awards received in response to outside inquiries, the release of directory information may be done without the student's explicit consent.

     Cascadia’s student directory information includes:

     • student’s name
     • major field of study
     • enrollment status
     • dates of attendance
     • participation in recognized sports
     • degree or certificate earned
     • the term when the degree or certificate was earned
     • awarded honors

   See the list below of the disclosures that postsecondary institutions may make without consent.

   FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student —

   • To other school officials, including teachers, within Cascadia College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
   • To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
   • To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State- supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
   • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
   • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
   • To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
   • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
   • To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
   • To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
   • Information the school has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
   • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
   • To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
   • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

5. The right to withhold the release of directory information. To do so, the student must complete the Release of Information Form and select the Do Not Release Any Information option. Please note a few important details for students regarding placing a “No Release” on the student record:

   The College receives many inquiries for directory information from a variety of sources outside the institution, including friends, parents, relatives, prospective employers, the news media and honor societies. Having a “No Release” on the student record will preclude release of such information, even to those people.

   • A “No Release” applies to all elements of directory information on the student’s record. Cascadia College does not apply a “No Release” differentially to the various directory information data elements.
   • A “No Release" does not prevent the College from sharing directory information and non-directory information with school officials as defined above.
   • A “No Release” does not prevent the college in other specific circumstances including in response to a subpoena, emergency situations, compliance with the Solomon Amendment and Department of Education requests through the Patriot Act, and the National Student Clearinghouse.

A copy of the Act with more details about FERPA is available on the Department of Education site.

Non-Discrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance

Title 34, Subtitle B, Chapter 1, Part 104

The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.

The State Board for Community & Technical Colleges (SBCTC) prepares the HB 1795 disclosure that shows:

• The sources of all institutional revenue received during the prior academic of fiscal year, including but not limited to state, federal, local and private sources.
• The uses of tuition revenue collected during the prior academic or fiscal year by program category as determined by the Office of Financial Management.

Use of College Facilities for Expressive Activities

The Washington Administrative Code (WAC 132Z-142) outlines policies concerning the use of campus facilities by both campus and non-campus groups. The WAC recognizes the importance of expressive activities which are subject to "reasonable time, place, and manner..." and includes a specific section that detail activities prohibited in college buildings and on college grounds.