Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: COLLEGES AND UNIVERSITIES
AGO 1981 No. 7 >  June 23, 1981
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - PROPERTY - APPROPRIATIONS
USE AND DISPOSITION OF PROCEEDS FROM SALE OF COMMUNITY COLLEGE REAL PROPERTY In the event of a sale of community college real property by the State Board for Community College Education pursuant to RCW 28B.50.090(12), the proceeds of that sale are not required, under existing law, to be received, kept and disbursed by the state treasurer but, instead, they may be retained by the college as local funds and expended without a specific legislative appropriation.
AGO 1983 No. 1 >  March 8, 1983
MEETINGS - PUBLIC - COLLEGES AND UNIVERSITIES - FEES
APPLICABILITY OF OPEN PUBLIC MEETINGS ACT TO SERVICES AND ACTIVITIES FEES COMMITTEE The Washington Open Public Meetings Act (chapter 42.30 RCW) is applicable to meetings of services and activities fees committees at state institutions of higher education.
AGO 2003 No. 5 >  April 23, 2003
COLLECTIVE BARGAINING - COLLEGES AND UNIVERSITIES - FACULTY
Duty of public four-year education institutions to collective bargaining with faculty employees Laws of 2002, ch. 356 imposes a duty on public four-year education institutions in Washington to engage in collective bargaining with bargaining representatives of faculty employees, notwithstanding the governor’s veto of portions of the legislation.
AGO 1983 No. 28 >  December 6, 1983
OFFICES AND OFFICERS - STATE - BOARD OF NURSING - NURSES - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
STANDARDS FOR NURSING SCHOOLS The act regulating the practice of physical therapy, chapter 18.74 RCW, does not exempt masseurs from the prohibitions contained therein nor are they exempt from similar prohibitions found in acts regulating other branches of practice within the healing arts.
AGO 1984 No. 25 >  October 19, 1984
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - LANDS - ENABLING ACT
USE OF ENABLING ACT LANDS FOR TRUST PURPOSES (1) Funds generated from the management, sale or other disposition of public lands granted at statehood for charitable, educational, penal and reformatory institutions (CEP & RI) by § 17 of the state's Enabling Act may be appropriated by the legislature for support of specific state institutions. (2) Designated state institutions may, as well, be allowed by the legislature, in the exercise of reasonable prudence related to fulfillment of the particular trust purpose, to utilize CEP & RI lands themselves for their institutional purposes without cost. (3) The state's community colleges are among the classes of educational institutions for the benefit of which CEP & RI lands, or revenues derived therefrom, may be applied or appropriated.
AGO 1978 No. 1 >  January 12, 1978
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - INSURANCE - STATE RISK MANAGEMENT ACT - PURCHASE OF BONDS AND LIABILITY INSURANCE FOR COMMUNITY COLLEGES
COLLEGES AND UNIVERSITIES ‑- COMMUNITY COLLEGES ‑- INSURANCE ‑- STATE RISK MANAGEMENT ACT ‑- PURCHASE OF BONDS AND LIABILITY INSURANCE FOR COMMUNITY COLLEGES (1) Under the provisions of chapter 270, Laws of 1977, 1st Ex. Sess., the risk management office of the State Department of General Administration is vested with the authority and responsibility for the purchase of (a) liability and property insurance covering the state's community colleges and (b) such surety bonds as are necessary for those institutions. (2) This same authority and responsibility also extends to the purchase of liability insurance obtained at state expense to cover the trustees, officers or employees of the community colleges under RCW 28B.10.844; however, it does not extend to the purchase of liability insurance as a part of the compensation plan for community college officers or employees under RCW 28B.10.660.
AGO 2000 No. 5 >  July 5, 2000
STATE - EDUCATION - COLLEGES AND UNIVERSITIES - PUBLIC FUNDS
Authority of State Investment Board to invest funds in the advanced college tuition credit program in the stocks or other equities of private corporations It is consistent with the state constitution for the state investment board to use its statutory authority to purchase stocks and other corporate equities as part of its investment of funds in the advanced college tuition credit account.
AGO 1994 No. 16 >  September 28, 1994
COLLEGES AND UNIVERSITIES - COLLECTIVE BARGAINING - HIGHER EDUCATION
Authority of four-year state-supported higher education institutions to engage in collective bargaining with faculty representatives 1. The faculty at four-year state-supported higher education institutions do not have a right under current law to engage in collective bargaining with their employers. 2.  At their discretion, the governing bodies of four-year state-supported higher education institutions may enter into bargaining with representatives of the faculty concerning wages, hours, and working conditions, but such bargaining does not establish the terms of employment for nonrepresented faculty members.
AGO 1995 No. 2 >  February 24, 1995
SALARY - COMPENSATION - COLLEGES AND UNIVERSITIES - STATE BUDGET - WHETHER INCREASED VACATION LEAVE AMOUNTS TO INCREASED SALARY
SALARY - COMPENSATION - COLLEGES AND UNIVERSITIES - STATE BUDGET -WHETHER INCREASED VACATION LEAVE AMOUNTS TO INCREASED SALARY A college may increase the vacation leave of its employees without thereby increasing their "salaries" for purposes of interpreting salary increase limits contained in the 1993-95 state operating budget.
AGO 1995 No. 8 >  May 25, 1995
COLLEGES AND UNIVERSITIES - SCHOOLS - TEACHERS - CHURCHES - RELIGION - PLACING STUDENT TEACHERS FROM PUBLIC COLLEGES IN RELIGIOUS SCHOOLS
COLLEGES AND UNIVERSITIES - SCHOOLS - TEACHERS - CHURCHES - RELIGION - PLACING STUDENT TEACHERS FROM PUBLIC COLLEGES IN RELIGIOUS SCHOOLS It would violate the state and federal constitutions to place students at state-funded colleges and universities and student teachers in "pervasively religious" elementary or secondary schools, as defined in case law; whether a particular school is "pervasively religious" must be analyzed on a case-by-case basis.
AGO 1997 No. 4 >  October 7, 1997
DEPARTMENT OF INFORMATION SYSTEMS - EDUCATION - SCHOOLS - RELIGION - PUBLIC FUNDS - COLLEGES AND UNIVERSITIES - INCLUDING PRIVATELY-OPERATED SCHOOLS AND COLLEGES IN K-20 EDUCATIONAL NETWORK
DEPARTMENT OF INFORMATION SYSTEMS - EDUCATION - SCHOOLS - RELIGION - PUBLIC FUNDS - COLLEGES AND UNIVERSITIES - Including privately-operated schools and colleges in K-20 Educational Network 1.It would not violate article VIII, section 7, of the state constitution to include privately-owned and operated schools and colleges in the K-20 Educational Network, provided that the private schools and colleges provide consideration in the form of monetary payment and valuable services. 2.It would not violate article I, section 11, or article IX, section 4, of the state constitution to include religiously-affiliated schools and colleges in the K-20 Educational Network, provided that there is consideration in the form of monetary payment and services, and provided that the Network is not operated in such a way as to violate the constitution.  
AGO 1993 No. 18 >  December 9, 1993
COLLEGES AND UNIVERSITIES - CONTRACTS - CORPORATIONS - EMPLOYERS AND EMPLOYEES - SALARIES AND WAGES - GIFTS - INVESTMENTS
Relationship between universities and nonprofit organizations that engage in fund-raising activities for them 1.  Institutions of higher education have the authority to enter into contracts deemed essential to the institution and to accept and solicit gifts.  If there is consideration flowing to the institution, it has the authority to provide goods and services to a private nonprofit organization, including the use of institution employees to solicit gifts, in exchange for fund-raising and other assistance from the organization. 2.  The statute of frauds, RCW 19.36.010, provides that any agreement not to be performed in one year from the making thereof shall be void.  Thus, any agreement between an institution of higher education and a nonprofit organization should be in writing if it is not to be performed in one year.
AGO 1993 No. 19 >  December 15, 1993
COLLEGES AND UNIVERSITIES - PUBLIC WORKS AND IMPROVEMENTS - CONTRACTS - APPRENTICESHIPS
Authority of a university to impose a bidding prequalification requirement that contractors must have an apprenticeship program A prequalification requirement prohibits a contractor from bidding on a public works contract unless the requirement is satisfied.  There is no statute that establishes a prequalification requirement that contractors must have an apprenticeship program.  In absence of such a statute, a university does not have the authority to establish such a prequalification requirement.
AGO 1998 No. 12 >  October 28, 1998
COLLEGES AND UNIVERSITIES - STATE EMPLOYEES - SALARIES AND WAGES - COMPENSATION - BUDGET AND APPROPRIATION ACTS - APPROPRIATIONS
Extent to which a university may vary individual salary increases given language in operating budget appropriation funds for an “average” increase Under the language of the 1997-99 operating budget, a university may grant individual salary increases larger or smaller than the average 3.0 percent increase funded by legislative appropriation. A university may use its 1997-99 budget appropriation in part to remedy salary disparities discovered by the university through studies or other means. Under the 1997-99 budget act, a university may honor increases previously agreed to in collective bargaining agreements, using “local” or non-appropriated funds for any portion of the increase which the Legislature has declined to fund with its biennial appropriation. If the Legislature fails to appropriate funds for a salary increase for university employees, the extent to which the university may fund such increases with non-appropriated funds depends on the language of the budget act covering the period in question.
AGLO 1982 No. 6 >  March 17, 1982
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
COSTS OF TRANSCRIPT ON APPEAL

(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).

AGLO 1981 No. 22 >  August 5, 1981
COLLEGES AND UNIVERSITIES - FEES - ALLOCATION AND CONTROL OF SERVICES AND ACTIVITIES FEES
WESTERN WASHINGTON UNIVERSITY (1) RCW 28B.15.045 applies to all funds generated through the imposition, by a college or university, of services and activities fees, as defined by RCW 28B.15.041. (2) Monies in a college or university's housing and dining fund or account are not covered by the provisions of RCW 28B.15.045 unless, and to the extent that, the board of trustees or regents decides to fund the program, in whole or part, from "S & A" fees.
AGLO 1980 No. 29 >  October 22, 1980
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - TUITION - FEES
IMPOSITION OF CERTAIN FEES BY COMMUNITY COLLEGES

(1) A community college district board of trustees does not have the statutory authority to charge all students who enroll a common consolidated fee in lieu of all of the special, laboratory, or similar fees that a student might be assessed during the time he or she attends the college.(2) A community college board of trustees does not have authority to assess a parking fee to all enrolled students, whether or not they drive an automobile to the campus and utilize parking facilities.

AGLO 1976 No. 12 >  February 18, 1976
COLLEGES AND UNIVERSITIES - PENSIONS - RETIREMENT
COMPUTATION OF SUPPLEMENTARY RETIREMENT BENEFITS FOR ACADEMIC EMPLOYEES Creditability of service under coverage of the teachers' retirement system in computing supplementary retirement benefits for academic employees of colleges and universities under RCW 28B.10.400(3) and RCW 28B.10.415; prohibition against payment of benefits by teachers' retirement system based on any post-July 1, 1955, service for which credit is also allowed in the computation of supplementary retirement benefits for such academic employees; inclusion of teachers' retirement benefits or social security payments as a part of the basic retirement allowance for such academic employees for the purpose of determining the maximum amount of the supplementary retirement benefits which may be paid to those employees.
AGLO 1976 No. 61 >  October 4, 1976
COLLEGES AND UNIVERSITIES - EMPLOYEES - LABOR
EXCLUSIVE BARGAINING AGENT FOR COLLEGE AND UNIVERSITY FACULTY MEMBERS The board of regents of the University of Washington may not grant formal recognition to a single employee organization as exclusive bargaining agent for the faculty.
AGLO 1975 No. 24 >  March 10, 1975
COLLEGES AND UNIVERSITIES - INTOXICATING LIQUOR - USE OF LIQUOR ON PUBLIC COLLEGES' AND UNIVERSITIES' CAMPUSES
BANQUET PERMITS The passage of House Bill No. 525, pending before the 1975 legislature, would not result in the establishment of a statutory prohibition against the use and consumption of liquor on a college or university campus pursuant to a duly issued banquet permit.
AGLO 1975 No. 36 >  March 28, 1975
COLLEGES AND UNIVERSITIES - EMPLOYEES - SALARIES
RETROACTIVE PAY RAISES FOR CLASSIFIED EMPLOYEES Under Article II, § 25 (Amendment 35) of the state constitution, a retroactive pay increase for college and university classified employees would be unconstitutional; however, the higher education personnel board may implement § 2, chapter 9, Laws of 1975 by providing for pay raises to take effect as of March 1, 1975, for those personnel still employed in the positions covered on and after the date of the board's action granting the raises.
AGLO 1978 No. 1 >  January 25, 1978
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - TENURE - RETENTION OF TENURE UPON APPOINTMENT TO OFFICE OF PRESIDENT
COLLEGES AND UNIVERSITIES ‑- COMMUNITY COLLEGES ‑- TENURE ‑- RETENTION OF TENURE UPON APPOINTMENT TO OFFICE OF PRESIDENT As amended by § 7, chapter 282, Laws of 1977, 1st Ex. Sess., RCW 28B.50.860 does not have the legal effect of restoring tenure to a formerly tenured community college faculty member who earlier lost his tenure upon being appointed to the position of community college president.
AGLO 1978 No. 16 >  May 25, 1978
OFFICES AND OFFICERS - STATE - GOVERNOR - COLLEGES AND UNIVERSITIES - LOANS - DESIGNATION OF NONPROFIT ORGANIZATION TO GUARANTEE STUDENT LOANS
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- COLLEGES AND UNIVERSITIES ‑- LOANS ‑- DESIGNATION OF NONPROFIT ORGANIZATION TO GUARANTEE STUDENT LOANS The governor, through the issuance of an appropriate executive order, may legally designate a private nonprofit organization to guarantee student loans in Washington in accordance with Title IV of the federal Higher Education Act of 1965, as amended by PL 94-42 and PL 95-43.
AGLO 1977 No. 22 >  June 2, 1977
COLLEGES AND UNIVERSITIES - REGENTS - TRUSTEES - SOCIAL SECURITY - OASI COVERAGE FOR COLLEGE REGENTS AND TRUSTEES
COLLEGES AND UNIVERSITIES ‑- REGENTS ‑- TRUSTEES ‑- SOCIAL SECURITY ‑- OASI COVERAGE FOR COLLEGE REGENTS AND TRUSTEES

(1) Payments received by college or university trustees or regents under RCW 28B.10.525, prior to its amendment by § 72, chapter 34, Laws of 1975-76, 2nd Ex.Sess., were subject to employees' contributions for federal social security under chapter 41.48 RCW.

(2) Under RCW 41.48.040 it is the responsibility of an employer (including a state college or university) to cause employees' contributions for federal social security to be collected and remitted to the state and the fact that a particular individual is no longer serving as a regent or trustee does not terminate that obligation insofar as past due contributions are concerned.

(3) Past due employers' social security payments covering services rendered during a prior biennium may only be made from a current appropriation for that purpose or from such local funds as are not subject to the appropriation process under Article VIII, § 4 (Amendment 11) of the state constitution and the budget and accounting act.

AGLO 1977 No. 26 >  July 7, 1977
COLLEGES AND UNIVERSITIES - SCHOOLS - FEES - VETERANS - WAIVER OF TUITION FOR CHILDREN OF POWS OR MIAS
COLLEGES AND UNIVERSITIES ‑- SCHOOLS ‑- FEES ‑- VETERANS ‑- WAIVER OF TUITION FOR CHILDREN OF POWs or MIAs

(1) The provisions of RCW 28B.10.265 and RCW 28C.04.240, relating to the admission of children of POWs or MIAs to public institutions of higher education or public vocational-technical schools without the necessity of paying any registration fee or tuition, remain applicable to the children of persons determined to have been prisoners of war or missing in action in accordance with the terms of those statutes even after the subject parent or parents of those children have been released from POW status or otherwise have been recovered.

(2) A parent through whom a child's entitlement to benefits under RCW 28B.10.265 or RCW 28C.04.240 is claimed need not have been in active military service at the time he or she was determined by the federal government to be a prisoner of war or missing in action.

AGLO 1973 No. 56 >  May 23, 1973
COLLEGES AND UNIVERSITIES - EMPLOYEES - LABOR - EXCLUSIVE BARGAINING AGENT FOR COLLEGE AND UNIVERSITY FACULTY MEMBERS
COLLEGES AND UNIVERSITIES ‑- EMPLOYEES ‑- LABOR ‑- EXCLUSIVE BARGAINING AGENT FOR COLLEGE AND UNIVERSITY FACULTY MEMBERS The governing body of a state college or university does not have the authority to grant formal recognition to a single employee organization as exclusive bargaining agent for the faculty.
AGO 2008 No. 6 >  April 17, 2008
INTERLOCAL COOPERATION ACT - CITIES AND TOWNS - COUNTIES - COLLEGES AND UNIVERSITIES
Authority of city, county, and university to enter into an interlocal agreement to provide services concerning potential effects of climate change. A city, county, and university have the authority to enter into an interlocal agreement under which the city would contract to use the services of the university’s extension program with the county to provide educational programs and other services concerning the potential effects of climate change.
Content Bottom Graphic
AGO Logo