WSR 16-03-075
PROPOSED RULES
WASHINGTON STATE UNIVERSITY
[Filed January 20, 2016, 8:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-24-128.
Title of Rule and Other Identifying Information: Chapter 504-26 WAC, Standards of conduct for students
Hearing Location(s): Lighty 401, WSU Pullman, Pullman, Washington, on February 25, 2016, at 4:00 p.m.
Date of Intended Adoption: March 25, 2016.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail prf.forms@wsu.edu, fax (509) 335-3969, by February 25, 2016.
Assistance for Persons with Disabilities: Contact Joy Faerber, (509) 335-2005, by February 23, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments are intended to permit the service of students on the academic integrity hearing board, further clarify the jurisdiction of the standards of conduct for students, and update administrative office names to reflect current university organization.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State University, public.
Name of Agency Personnel Responsible for Drafting: Adam Jussel, Director, Student Conduct, Lighty Services 260, Pullman, Washington 99164-1064, (509) 335-4532; Implementation and Enforcement: Melynda Huskey, Interim Vice-President and Dean of Students, Office of the Dean of Students, French Administration 134, Pullman, Washington 99164-1013, (509) 335-2193.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.
January 20, 2016
D. Bartlet, Director
Procedures, Records, and Forms
University Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-01-080, filed 12/15/14, effective 1/15/15)
WAC 504-26-010 Definitions.
(1) The term "accused student" means any student accused of violating the standards of conduct for students (this chapter).
(2) The term "appeals board" means any person or persons authorized by the vice-president for student affairs to consider an appeal from a university conduct board's or conduct officer's determination as to whether a student has violated the standards of conduct for students and any sanctions imposed.
(3) The term "cheating" includes, but is not limited to:
(a) Use of unauthorized materials in taking quizzes, tests, or examinations, or giving or receiving unauthorized assistance by any means, including talking, copying information from another student, using electronic devices, or taking an examination for another student.
(b) Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.
(c) Acquisition or possession of tests or other academic material belonging to a member of the university faculty or staff when acquired without the permission of the university faculty or staff member.
(d) Fabrication, which is the intentional invention or counterfeiting of information in the course of an academic activity. Fabrication includes, but is not limited to:
(i) Counterfeiting data, research results, information, or procedures with inadequate foundation in fact;
(ii) Counterfeiting a record of internship or practicum experiences;
(iii) Submitting a false excuse for absence or tardiness or a false explanation for failing to complete a class requirement or scheduled examination at the appointed date and time.
(e) Engaging in any behavior for the purpose of gaining an unfair advantage specifically prohibited by a faculty member in the course syllabus or class discussion.
(f) Scientific misconduct. Falsification, fabrication, plagiarism, or other forms of dishonesty in scientific and scholarly research are prohibited. Complaints and inquiries involving cases of scientific misconduct are managed according to the university's policy for responding to allegations of scientific misconduct. A finding of scientific misconduct is subject to sanctions by the office of student ((standards and accountability)) conduct. The policy for responding to allegations of scientific misconduct may be reviewed by contacting the ((vice-president for)) office of research.
(g) Unauthorized collaboration on assignments.
(h) Intentionally obtaining unauthorized knowledge of examination materials.
(i) Plagiarism. Presenting the information, ideas, or phrasing of another person as the student's own work without proper acknowledgment of the source. This includes submitting a commercially prepared paper or research project or submitting for academic credit any work done by someone else. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
(j) Unauthorized multiple submission of the same work.
(k) Sabotage of others' work.
(l) Tampering with or falsifying records.
(4) The term "complainant" means any party, including the university, who submits a charge alleging that a student violated the standards of conduct for students.
(5) The term "faculty member" for purposes of this chapter, means any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.
(6) The term "gender identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to the person at birth.
(7) The term "may" is used in the permissive sense.
(8) The term "member of the university community" includes any person who is a student, faculty member, university official, any person employed by the university, or any person with a relationship with the university. A person's status in a particular situation is determined by the vice-president for student affairs or designee.
(9) The term "policy" means the written regulations of the university as found in, but not limited to, the standards of conduct for students, residence life handbook, the university web page and computer use policy, and graduate/undergraduate catalogs.
(10) The term "recognized student organization" means any number of persons who have complied with the formal requirements for university recognition.
(11) The term "shall" is used in the imperative sense.
(12) The term "student" includes all persons taking courses at the university, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the standards of conduct for students, who are not officially enrolled for a particular term but who have a continuing relationship with the university (including suspended students) or who have been notified of their acceptance for admission are considered "students" as are persons who are living in university residence halls, although not enrolled in this institution.
(13) The term "student conduct officer" means a university official authorized by the vice-president for student affairs to manage conduct complaints including the imposition of sanctions upon any student(s) found to have violated the standards of conduct for students.
(14) The term "university" means all locations of Washington State University.
(15) The term "university conduct board" means those persons who, collectively, have been authorized by the vice-president for student affairs to determine whether a student has violated the standards of conduct for students and to impose sanctions when a student is found responsible by the board to have violated these standards of conduct.
(16) The term "academic integrity hearing board" means ((those)) teaching faculty and student representatives who, collectively, have been authorized by the university or college to review an instructor's determination that a student violated university academic integrity policies and whether or not the outcome proposed by the instructor is in keeping with the instructor's published policies.
(17) The term "university official" includes any person employed by the university, performing assigned administrative or professional responsibilities.
(18) The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks).
(19) The vice-president for student affairs is that person designated by the university president to be responsible for the administration of the standards of conduct for students.
AMENDATORY SECTION (Amending WSR 15-11-041, filed 5/14/15, effective 6/14/15)
WAC 504-26-200 Jurisdiction of the standards of conduct for students.
(1) The standards of conduct for students shall apply to conduct that occurs on university premises((, at)) or in connection with university sponsored activities, ((and)) including transit to or from the activity.
(2) The standards of conduct may also apply to off-campus conduct that adversely affects the health and/or safety of the university community ((and/or)) or the pursuit of ((its objectives.)) the university's vision, mission, or values.
(3) The university has sole discretion to determine what conduct occurring off-campus adversely impacts the university's interests described in subsection (2) of this section. In determining whether university interests are adversely affected and whether to exercise jurisdiction, the conduct officer considers whether the alleged conduct:
(a) Required exercise of jurisdiction under law or as required by federal or state agencies;
(b) Negatively impacted the reputation of the university or its students;
(c) Occurred on the property of recognized living groups;
(d) Caused physical, mental, or emotional harm to another;
(e) Was recognized by onlookers, complainants, or witnesses as being carried out by a student or recognized student organization.
(4) These standards of conduct may be applied to behavior conducted online, via electronic mail or other electronic means.
(5) Each student is responsible and accountable for his/her conduct from the time of application for admission through the actual awarding 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. These standards shall apply to a student's conduct even if the student withdraws from school, takes a leave of absence, or graduates while a disciplinary matter or investigation is pending. Definitions from these standards are incorporated into Washington State University's executive policy 15, which prohibits discrimination, sexual harassment, and sexual misconduct. ((The university has sole discretion to determine what conduct occurring off campus adversely impacts the university community and/or the pursuit of university objectives.))
AMENDATORY SECTION (Amending WSR 15-01-080, filed 12/15/14, effective 1/15/15)
WAC 504-26-402 Conduct officer actions.
(1) Any student charged by a conduct officer with a violation of any provision of standards of conduct for students is notified of the basis for the charge or charges and of the time, date, and place of a conference between the student and the conduct officer through one of the procedures in WAC 504-26-401(5).
Any request to extend the time and/or date of the conduct officer conference/hearing should be addressed to the conduct officer.
(2) In order that any informality in disciplinary proceedings not mislead a student as to the seriousness of the matter under consideration, the student is informed of the potential sanctions involved at the initial conference or hearing.
(3) After a review of the evidence and interviewing the student(s) involved in the case, the conduct officer may take any of the following actions:
(a) Terminate the proceeding and enter a finding that the accused student or recognized student organization is not responsible for the alleged conduct violation;
(b) Dismiss the investigation, which may be reopened at a later date if relevant information that was unknown to the conduct officer arises;
(c) Impose appropriate sanctions as provided in WAC 504-26-405. Such sanctions are subject to the student's right of appeal as provided in these standards of conduct; or
(d) Refer the matter to the university conduct board pursuant to WAC 504-26-401(3).
(4) The conduct officer may consider the student's past contacts with the office of student ((standards and accountability)) conduct in determining an appropriate sanction and/or deciding whether to refer the case for a university conduct board hearing.
(5) The student is notified in writing of the determination made by the conduct officer within ten business days of the proceeding. The notice includes information regarding the student's right to appeal pursuant to WAC 504-26-407.
AMENDATORY SECTION (Amending WSR 15-11-041, filed 5/14/15, effective 6/14/15)
WAC 504-26-403 Conduct board proceedings.
(1) Any student charged by a conduct officer with a violation of any provision of the standards of conduct for students that is to be heard by a conduct board is provided notice as described in WAC 504-26-401(5).
(2) The written notice shall be completed by the conduct officer and shall include:
(a) The specific complaint, including the university policy or regulations allegedly violated;
(b) The approximate time and place of the alleged act that forms the factual basis for the charge of violation;
(c) The time, date, and place of the hearing;
(d) A list of the witnesses who may be called to testify, to the extent known;
(e) A description of all documentary and real evidence to be used at the hearing, to the extent known, including a statement that the student shall have the right to inspect his or her student conduct file.
(3) Time for hearings.
(a) The conduct board hearing is scheduled not less than seven days after the student has been sent notice of the hearing, except in the case of interim suspensions as set forth in WAC 504-26-406.
(b) Requests to extend the time and/or date for hearing must be addressed to the chair of the university conduct board, and must be copied to the office of student ((standards and accountability)) conduct. A request for extension of time is granted only upon a showing of good cause.
(4) University conduct board hearings are conducted by a university conduct board. A goal of the hearing is to have an educational tone and to avoid creation of an unduly adversarial environment. The hearings are conducted according to the following guidelines, except as provided by subsection (6) of this section:
(a) Procedures:
(i) University conduct board hearings are conducted in private.
(ii) The complainant, accused student, and his or her advisor, if any, are allowed to attend the entire portion of the university conduct board hearing at which information is received (excluding deliberations). Admission of any other person to the university conduct board hearing is at the discretion of the university conduct board chair and/or the student conduct officer.
(iii) In university conduct board hearings involving more than one accused student, the student conduct officer, at his or her discretion, may permit joint or separate hearings.
(iv) In university conduct board hearings involving graduate students, board memberships are comprised to include graduate students and graduate teaching faculty to the extent possible.
(v) The complainant, the accused student, and the student conduct officer may arrange for witnesses to present pertinent information to the university conduct board. The conduct officer tries to arrange the attendance of possible witnesses who are identified by the complainant. Complainant witnesses must provide written statements to the conduct officer at least two weekdays prior to the hearing. Witnesses identified by the accused student must provide written statements to the conduct officer at least two weekdays prior to the conduct hearing. The accused student is responsible for informing his or her witnesses of the time and place of the hearing. Witnesses provide information to and answer questions from the university conduct board, the complainant, and the accused student, as appropriate. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. Written questions are directed to the conduct board chair, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an unduly adversarial environment, and to allow the board chair to determine the relevancy of questions. Questions concerning whether potential information may be received are resolved at the discretion of the chair of the university conduct board. The chair of the university conduct board shall have the discretion to determine admissibility of information.
(vi) Pertinent records, exhibits, and written statements (including student impact statements) may be accepted as information for consideration by a university conduct board at the discretion of the chair and/or conduct officer.
(vii) Questions related to the order of the proceedings are subject to the final decision of the chair of the university conduct board.
(viii) After the portion of the university conduct board hearing concludes in which all pertinent information is received, the university conduct board shall determine (by majority vote) whether the accused student has violated each section of the standards of conduct for students as charged and what sanctions, if any, are appropriate.
(b) If the accused student is found responsible for any of the charges, the board may, at that time, consider the student's past contacts with the office of student ((standards and accountability)) conduct in determining an appropriate sanction.
(c) The accused student or recognized student organization is notified of the conduct board's decision within ten calendar days from the date the matter is heard. The accused student or recognized student organization shall receive written notice of the decision, the reasons for the decision (both the factual basis therefore and the conclusions as to how those facts apply to the standards of conduct for students), the sanction, notice that the order will become final unless internal appeal is filed within twenty-one days of the date the letter was personally delivered, deposited in the U.S. mail, or electronically mailed, and a statement of how to file an appeal.
(i) The written decision is the university's initial order.
(ii) If the student or recognized student organization does not appeal the conduct board's decision before twenty-one calendar days from the date of the decision letter, it becomes the university's final order.
(5) There is a single verbatim record, such as an audio record, of all university conduct board hearings (not including deliberations). Deliberations are not recorded. The record is the property of the university.
(6) If an accused student to whom notice of the hearing has been sent (in the manner provided above) does not appear before a university conduct board hearing, the information in support of the complaint is presented and considered in his or her absence, and the board may issue a decision based upon that information.
(7) The university conduct board may for convenience or to accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing provide separate facilities, and/or permit participation by telephone, audio tape, written statement, or other means, as determined in the sole judgment of the vice-president for student affairs or designee to be appropriate.
AMENDATORY SECTION (Amending WSR 11-11-031, filed 5/11/11, effective 6/11/11)
WAC 504-26-404 Procedure for academic integrity violations.
(1) Initial hearing.
(a) When a responsible instructor finds that a violation of academic integrity has occurred, the instructor shall assemble the evidence and, upon reasonable notice to the student of the date, time, and nature of the allegations, meet with the student suspected of violating academic integrity policies. If the student admits violating academic integrity policies, the instructor assigns an outcome in keeping with published course policies and notifies the office of student ((standards and accountability)) conduct in writing, including the allegations, the student's admission, and the sanctions imposed.
(b) If the instructor is unable to meet with the student or if the accused student disputes the allegation(s) and/or the outcome proposed by the instructor, the instructor shall make a determination as to whether the student did or did not violate the academic integrity policy. If the instructor finds that the student was in violation, the instructor shall provide the student and the office of student ((standards and accountability)) conduct with a written determination, the evidence relied upon, and the sanctions imposed.
(c) The student has twenty-one days from the date of the decision letter to request review of the instructor's determination and/or sanction(s) imposed to the academic integrity hearing board.
(2) Review.
(a) Upon timely request for review by a student who has been found by his or her instructor to have violated the academic integrity policy, the academic integrity hearing board shall make a separate and independent determination of whether or not the student is responsible for violating the academic integrity policy and/or whether the outcome proposed by the instructor is in keeping with the instructor's published course policies.
(b) The academic integrity hearing board is empowered to provide an appropriate remedy for a student including arranging a withdrawal from the course, having the student's work evaluated, or changing a grade where it finds that:
(i) The student is not responsible for violating academic integrity policies; or
(ii) The outcome imposed by the instructor violates the instructor's published policies.
(c) Students who appear before the academic integrity board shall have the same rights to notice and to conduct a defense as enumerated in WAC 504-26-403 except:
(i) Notice of hearing and written orders shall be sent to the address provided by the student in the student's request for review (unless an address is not provided therein); and
(ii) The written decision of the academic integrity hearing board is the university's final order. There is no appeal from findings of responsibility or outcomes assigned by university or college academic integrity hearing boards.
(3) If the reported violation is the student's first offense, the office of student ((standards and accountability)) conduct ordinarily requires the student to attend a workshop separate from, and in addition to, any academic outcomes imposed by the instructor. A hold is placed on the student's record preventing registration or graduation until completion of the workshop.
(4) If the reported violation is the student's second offense, the student is ordinarily required to appear before a university conduct board with a recommendation that the student be dismissed from the university.
(5) If the instructor or academic integrity hearing board determines that the act of academic dishonesty for which the student is found responsible is particularly egregious in light of all attendant circumstances, the instructor or academic integrity hearing board may direct that the student's case be heard by the university conduct board with a recommendation for dismissal from the university even if it is the student's first offense.
(6) Because instructors and departments have a legitimate educational interest in the outcomes, reports of academic integrity hearing board and/or conduct board hearings shall be reported to the responsible instructor and the chair or dean.
AMENDATORY SECTION (Amending WSR 15-11-041, filed 5/14/15, effective 6/14/15)
WAC 504-26-405 Sanctions.
(1) The following sanctions may be imposed upon any student found to have violated the standards of conduct for students:
(a) Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.
(b) Probation. Formal action placing conditions upon the student's continued attendance at the university. Probation is for a designated period of time and warns the student or recognized student organization that suspension, expulsion, loss of recognition, or any other sanction outlined in this section may be imposed if the student is found to violate any institutional regulation(s) or fails to complete his or her conditions of probation during the probationary period. A student on probation is not eligible to run for or hold an office in any recognized student group or organization; she or he is not eligible for certain jobs on campus, including but not limited to resident advisor or orientation counselor; and she or he is not eligible to serve on the university conduct or appeals board.
(c) Loss of privileges. Denial of specified privileges for a designated period of time.
(d) Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
(e) Education. The university may require the student to successfully complete an educational project designed to create an awareness of the student's misconduct.
(f) Community service. Imposition of service hours (not to exceed eighty hours per student or per member of a recognized student organization).
(g) Residence hall suspension. Separation of the student from a residence hall or halls for a definite period of time, after which the student may be eligible to return. Conditions for readmission may be specified.
(h) Residence hall expulsion. Permanent separation of the student from a residence hall or halls.
(i) University suspension. Separation of the student from the university for a definite period of time, after which the student is eligible to request readmission. Conditions for readmission may be specified.
(j) University expulsion. Permanent separation of the student from the university. Also referred to as university dismissal. The terms are used interchangeably throughout this chapter.
(k) Revocation of admission and/or degree. Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or other violation of law or university standards in obtaining the degree, or for other serious violations committed by a student before awarding of the degree.
(l) Withholding degree. The university may withhold awarding a degree otherwise earned until the completion of the process set forth in this standards of conduct for students, including the completion of all sanctions imposed, if any.
(m) Trespass. A student may be restricted from any or all university premises based on his or her misconduct.
(n) Loss of recognition. A recognized student organization's recognition may be withheld permanently or for a specific period of time. A fraternity or sorority may be prohibited from housing freshmen. Loss of recognition is defined as withholding university services, privileges, or administrative approval from a student organization. Services, privileges, and approval to be withdrawn include, but are not limited to, intramural sports (although individual members may participate), information technology services, university facility use and rental, campus involvement office organizational activities, and office of Greek life advising.
(o) Hold on transcript and/or registration. A hold restricts release of a student's transcript or access to registration until satisfactory completion of conditions or sanctions imposed by a conduct officer or university conduct board. Upon proof of satisfactory completion of the conditions or sanctions, the hold is released.
(p) No contact order. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.
(q) Fines. Previously established and published fines may be imposed. Fines are established each year prior to the beginning of the academic year and are approved by the vice-president for student affairs.
(2) More than one of the sanctions listed above may be imposed for any single violation.
(3)(a) In determining an appropriate sanction, the conduct officer or relevant board may consider any record of past contacts with the office of student ((standards and accountability)) conduct, and the nature and severity of such past contact(s).
(b) The conduct board and/or appeals board may consider suspending or expelling any student found responsible for violating the university's sexual misconduct code (WAC 504-26-221).
(4) Other than university expulsion or revocation or withholding of a degree, disciplinary sanctions are not made part of the student's permanent academic record, but shall become part of the student's disciplinary record.
(5) In cases heard by university conduct boards, sanctions are determined by that board. The student conduct officer has the authority to assign sanctions in any conduct officer hearing.
(6) Academic integrity violations.
No credit need be given for work that is not a student's own. Thus, in academic integrity violations, the responsible instructor has the authority to assign a grade and/or educational sanction in accordance with the expectations set forth in the relevant course syllabus. The instructor's choices may include, but are not limited to, assigning a grade of "F" for the assignment and/or assigning an educational sanction such as extra or replacement assignments, quizzes, or tests, or assigning a grade of "F" for the course.
AMENDATORY SECTION (Amending WSR 15-01-080, filed 12/15/14, effective 1/15/15)
WAC 504-26-406 Interim suspension.
In certain circumstances, the vice-president for student affairs, or a designee, may impose an interim suspension prior to the university conduct board hearing or at any time prior to the university's final order.
(1) Interim suspension may be imposed only in situations involving an immediate danger to the health, safety or welfare of:
(a) Any part of the university community or public at large; or
(b) The student's own physical safety and well-being.
(2) Conduct that creates an ongoing disruption of, or interference with, the operations of the university and that prevents other students, employees, or invitees from members of the university community from completing their duties as employees or students, is conduct harmful to the welfare of members of the university community.
(3) During the interim suspension, a student may be denied access to the residence halls, and/or to the campus (including classes), and/or all other university activities or privileges for which the student might otherwise be eligible, as the vice-president for student affairs or designee may determine to be appropriate.
(4) The vice-president for student affairs or designee ordering an interim suspension prepares a brief written decision containing the reasons for the decision (both the factual basis and the conclusions as to why those facts constitute a violation of the standards of conduct for students), and the policy reasons for the interim suspension. The vice-president of student affairs or designee sends copies of the decision by personal delivery, by regular U.S. mail, or by electronic mail to all persons or offices bound by it (including, at a minimum, the suspended student and the office of student ((standards and accountability)) conduct).
(5) The interim suspension does not replace the regular hearing process, which shall proceed to hearing as quickly as feasible, ordinarily within five working days of the notice of the interim suspension where the accused student has not consented to a longer time frame.
AMENDATORY SECTION (Amending WSR 15-11-041, filed 5/14/15, effective 6/14/15)
WAC 504-26-407 Review of decision.
(1) The findings and sanctions rendered by the university conduct board or a conduct officer may be appealed by the complainant and accused student(s) in the manner prescribed in the decision letter containing the findings and sanctions. Such appeal must be made before twenty-one days of the date of the decision letter. The director of student ((standards and accountability)) conduct provides a copy of the appeal request by one party to the other party (parties) as appropriate.
(a) The university president or designee, of his or her own initiative, may direct that an appeals board be convened to review a conduct board or conduct officer decision without notice to the parties. However, the appeals board may not take any action less favorable to the accused student(s), unless notice and an opportunity to explain the matter is first given to the accused student(s).
(b) If the complainant or accused student and/or the student conduct officer or designee wish to explain their views of the matter to the appeals board they shall be given an opportunity to do so in writing.
(c) The appeals board shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal adjudicative hearing under the Administrative Procedure Act (chapter 34.05 RCW).
(2) Except as required to explain the basis of new information, an appeal is limited to a review of the verbatim record of the university conduct board hearing and the conduct file for conduct board decisions or the conduct file for conduct officer decisions for one or more of the following purposes:
(a) To determine whether the university conduct board hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the standards of conduct for students were violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures are not a basis for sustaining an appeal unless significant prejudice results.
(b) To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the standards of conduct for students occurred.
(c) To determine whether the sanction(s) imposed were appropriate for the violation of the standards of conduct for students which the student was found to have committed.
(d) To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original university conduct board hearing.
(3) The university appeals board shall review the record and all information provided by the parties and take one of the following actions:
(a) Affirm, reverse, or modify the conduct board's or conduct officer's decision;
(b) Affirm, reverse, or modify the sanctions imposed by the conduct board or conduct officer;
(c) Set aside the findings and sanctions or remand the matter back to the conduct board or conduct officer with instructions for further proceedings.
(4) The appeals board's decision shall be personally delivered, sent via regular U.S. mail, or electronically mailed to the student. Such decision shall be delivered or mailed to the last known address of the accused student(s) or electronically mailed to the student's official university electronic mail account. It is the student's responsibility to maintain a correct and updated address with the registrar. The university appeals board's decision letter is the final order and shall advise the student or recognized student organization that judicial review may be available. If the appeals board does not provide the student with a response within twenty days after the request for appeal is received, the request for appeal is deemed denied.
(5) The appeals board decision is effective as soon as the order is signed, except in cases involving expulsion or loss of recognition. In cases involving expulsion or loss of recognition, the appeals board decision is effective ten calendar days from the date the order is signed, unless the university president or designee provides written notice of additional review as provided in subsection (6) of this section.
(6) For cases involving expulsion or loss of recognition, the university president or designee may review a decision of the appeals board by providing written notice to the student or recognized student organization no later than ten calendar days from the date the appeals board decision is signed.
(a) This review is limited to the record and purposes stated in subsection (2) of this section.
(b) Prior to issuing a decision, the president or designee shall make any inquiries necessary to determine whether the proceeding should be converted into a formal adjudicative hearing under the Administrative Procedure Act (chapter 34.05 RCW).
(c) If the complainant or accused student and/or the student conduct officer or designee wish to explain their views of the matter to the president or designee, they shall do so in writing.
(d) The president or designee's decision is in writing, includes a brief statement of the reasons for the decision, and is issued within twenty calendar days after the date of the appeals board order. The decision becomes effective as soon as it is signed and includes a notice that judicial review may be available.
(7) Students may petition to delay the date that the final order of the university becomes effective by directing a petition to the chair of the appeals board, or the president or designee, as applicable, within ten calendar days of the date the order was personally delivered to the student or placed in the regular U.S. mail, or electronically mailed. The chair, or the president or designee, as applicable, shall have authority to decide whether to grant or deny the request.
(8) There is no further review beyond that of the findings of responsibility or outcomes assigned by university or college academic integrity hearing boards.
AMENDATORY SECTION (Amending WSR 15-11-041, filed 5/14/15, effective 6/14/15)
WAC 504-26-501 Records.
(1) Standards of conduct for students records are maintained in accordance with the university's records retention schedule.
(2) The disciplinary record is confidential, and is released only as authorized under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) and the university policy on student educational records (chapter 504-21 WAC).
(3) A student may request a copy of his or her own disciplinary record at his or her own reasonable expense by making a written request to the office of student ((standards and accountability)) conduct.
(4) Personally identifiable student information is redacted to protect other students privacy.
(5) A student may authorize release of his or her own disciplinary record to a third party in compliance with FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) by making a written request to the office of student ((standards and accountability)) conduct.
(6) The university may inform the complainant of the outcome of any disciplinary proceeding involving a crime of violence as defined by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(7) The university informs the complainant of the outcome of any disciplinary proceeding alleging sexual misconduct. (34 C.F.R. 668.46 (b)(11)(vi)(B).)
(8) The university may not communicate a student's disciplinary record to any person or agency outside the university without the prior written consent of the student, except as required or permitted by law. Exceptions include but are not limited to:
(a) The student's parents or legal guardians may review these records if the student is a minor or a dependent for tax purposes as defined by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(b) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(9) A student may request removal from her or his record of a single disciplinary violation relating to the possession or use of alcohol and/or marijuana, and/or other violation of the university's policies relating to alcohol and drugs. Granting such a request is discretionary, and the student must make such a request in accordance with university policies and procedures.
AMENDATORY SECTION (Amending WSR 15-01-080, filed 12/15/14, effective 1/15/15)
WAC 504-26-602 Periodic review.
The standards of conduct for students are reviewed every three years under the direction of the director of student ((standards and accountability)) conduct.