WSR 03-10-060

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed May 5, 2003, 10:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-07-010.

Title of Rule: Standards of conduct for students.

Purpose: Clarifies existing standards of conduct for students in accordance with board of regents directive.

Statutory Authority for Adoption: RCW 28B.30.150.

Summary: Clarifies existing standards of conduct for students in accordance with board of regents directive.

Reasons Supporting Proposal: Reorganizes and clarifies existing standards of conduct for students in accordance with board of regents directive.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Elaine Voss, Associate Dean of Students, Office of Student Affairs, Lighty 360, Pullman, Washington 99164, (509) 335-4531.

Name of Proponent: Office of Student Affairs, Washington State University, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Clarifies existing standards of conduct for students in accordance with board of regents directive.

Proposal Changes the Following Existing Rules: Removes right of appeal for multiple violations of drug/alcohol policy. Requires sanctioned students to have drug/alcohol assessment. Makes students on disciplinary probation ineligible for elected office, some campus jobs and service on University Conduct Board.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Washington State University, Lighty Student Services Building, Room 403, Pullman, Washington 99164, on June 24, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Deborah Bartlett by June 20, 2003, dbartl@wsu.edu, (509) 335-2005.

Submit Written Comments to: Deborah Bartlett, Washington State University, Office of Procedures and Forms, P.O. Box 641225, Pullman, WA 99164-1225, by June 20, 2004 [2003].

Date of Intended Adoption: July 10, 2003.

May 6, 2004 [May 2, 2003]

Kirsten Pauli

Rules Coordinator

WASHINGTON STATE UNIVERSITY: STANDARDS OF CONDUCT FOR STUDENTS
AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-001   Terms of enrollment.   Washington State University ((is guided by a commitment to excellence. The university)) aims to create an environment that cultivates individual virtues and institutional integrity in the university community. The mission of the university is supported when students take responsibility for their conduct both in and out of the classroom. Under the terms of enrollment, students acknowledge the university's authority to take disciplinary action for conduct on or off university property ((that is)). Off-campus conduct may be addressed when it is detrimental to the university's mission.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-001, filed 7/15/02, effective 8/15/02.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 504-25-004 Scope of the standards of conduct.
WAC 504-25-012 Effect of alcohol or drugs.

AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-025   Sexual offenses.   (1) Sexual offenses of any kind, including, but not limited to acquaintance rape, indecent liberties, assault of a sexual nature, and/or other unwanted sexual contact are prohibited.

(a) Rape is defined under state law (([as])) as sexual intercourse with a person who did not consent by his or her words or conduct. Consent to sexual activity means actual words or conduct indicating the person has freely and voluntarily agreed to have sexual intercourse.

(i) Silence or mere passivity from a state of intoxication or unconsciousness does not imply consent to sexual intercourse.

(ii) Lack of consent is implied if violence is threatened or used.

(b) Indecent liberties means knowingly causing sexual contact with a person by forcible compulsion or when the person is incapable of consent by reason of mental defect, mental incapacitation, or physical helplessness. Sexual contact is defined as any nonconsensual touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party.

(c) The university prohibits sexual contact when such contact amounts to assault under Washington law. Assault includes harmful and offensive contact with another person.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-025, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-025, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-025, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-030   Physical ((assault)) abuse or threatened physical ((assault)) abuse.   ((No person may intentionally strike, shove, hit, punch, kick or otherwise subject)) Attempting or causing injury to an individual is prohibited. Causing or provoking physical contact with another ((person to physical contact, or threaten bodily harm without the consent of the person)) is prohibited when the person knows or should reasonably believe that the other person will consider the contact offensive.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-030, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-030, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-035   Hazing is prohibited.   (([:])) (1) No student or other person enrolled at Washington State University may conspire to engage in hazing or participate in hazing of another.

(a) Hazing includes 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, physical harm, or serious mental or emotional harm to any student or other person attending a public or private institution of higher education or other postsecondary educational institution of higher education or other postsecondary educational institution in this state.

(b) Hazing does not include customary athletic events or other similar contests or competitions.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-035, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-035, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-035, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-040   Harassment.   ((Intentional c)) Conduct ((directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and serves no legitimate or lawful purpose)) by physical, verbal, graphic, written, or electronic means that is sufficiently severe, pervasive or persistent so as to threaten an individual or limit the individual's ability to work, study or participate in the activities of the university is prohibited.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-040, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-040, filed 5/18/89, effective 7/1/89.]


NEW SECTION
WAC 504-25-043   Abuse of self or others.   Prohibited behavior includes but is not limited to:

(1) Inflicting mental or bodily harm upon any person (including one's self);

(2) Engaging in any intentional or reckless action that may result in mental or bodily harm (including to one's self);

(3) Causing a person to believe that the offender may cause mental or bodily harm.

[]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-050   Alcohol.   (((1))) Illegal use, manufacture, possession, or sale of intoxicating beverages is prohibited by local, state, and federal law.

(((2))) Consumption, possession, sale, or distribution of alcohol by students in public areas of any university-owned or controlled property or at university functions must comply with all local, state and federal laws.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-050, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-050, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-050, filed 5/18/89, effective 7/1/89.]


NEW SECTION
WAC 504-25-051   Effect of alcohol or drugs.   Any conduct that may have been influenced by alcohol or drugs will not limit or excuse the student's responsibility for his or her action.

[]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-085   Computer abuses.   Conduct that violates the university's electronic use policy is prohibited and includes:

(1) Copying university-owned or licensed software or data for personal or external use without prior approval;

(2) Copying another computer user's software or data without permission of its owner, even if it is readily accessible by electronic means;

(3) Knowingly accepting or using software or data which has been obtained by unauthorized means.

(4) Modifying or damaging, attempting to modify or damage, computer equipment, software, ((data bases)) databases, or communication((s)) lines without permission;

(5) Disrupting or attempting to disrupt computer operations;

(6) Invading the privacy of an individual by using electronic means to ascertain confidential information, even if an individual or department inadvertently allows access to such information;

(7) Abusing or harassing another computer user through electronic means;

(8) Using the university's computing facilities in the commission of a crime;

(9) Using computer services without authorization;

(10) Allowing another individual to use one's computer identity/account or using another individual's computer identity/account.

(a) This includes, but is not limited to, logging on to the account, accessing programs, and reading or altering computer records. The university, through information technology, must authorize and allocate time on the mainframe computers.

(((11) Violation of any written policy, regulation or law concerning use of computers.))

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-085, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-085, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-137   Misuse of keys or access cards.   Unauthorized possession, ((duplication, or use of keys or cards that permit access to any)) including but not limited to lending, selling, processing, duplicating, or using university-((related services, housing, vehicles, or premises)) issued key or access card is prohibited.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-137, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-138   Misuse of ((university-issued student)) identification.   Unauthorized possession((, including but not limited to lending, selling, processing, duplicating,)) or ((using)) use of university- or state-issued ((student)) identification is prohibited, which includes but is not limited to: lending, selling, processing, or duplicating the identification.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-138, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-138, filed 3/8/95, effective 4/8/95.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-200   Disciplinary action.   The university's disciplinary process is educational, but ((sanctions)) students can be suspended or dismissed for serious violations ((can include temporary or permanent dismissal from the university)) of the standards of conduct. University disciplinary action is independent of any civil or criminal proceeding and is not influenced by the outcome of those proceedings. The university shall address allegations of student misconduct in a timely manner in its sole discretion.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-200, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-200, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-201   Student rights.   (1) A student or student organization that has allegedly violated the standards of conduct has the following rights:

(a) The right to notice and the basis for the allegation.

(b) The right to remain silent and not incriminate oneself if the allegation may lead to criminal liability.

(c) The right to a hearing.

(d) The right to seven calendar days' notice prior to a hearing (the student may waive this notice period).

(e) The right to present written information to the university officer or the conduct board prior to the hearing, including signed witness statements.

(f) The right to consult an adviser and have one adviser present at the hearing. The adviser may advise the student or student organization during the hearing, but is not permitted to directly address the university officer or the conduct board. The advisor is prohibited from examining witnesses.

(g) The right to one ((administrative)) appeal. However, no appeal is available if the conduct board finds the student responsible for multiple violations of the university's drug/alcohol policy.

(((h) The right to seek judicial review in a court of law after the university enters its final order.))

(2) A student or student organization has the following additional rights if the conduct board hears the matter:

(a) The right to request the removal of a conduct board member for prejudice. The request must be made in writing and support the basis for the alleged prejudice.

(b) The right to review any written material to be presented to the conduct board at least 48 hours prior to the hearing, including the names of witnesses expected to testify. Any new information or evidence shall be released to the accused student or student organization within 24 hours of receipt.

(c) The right to hear the testimony of all witnesses.

(d) The right to question witnesses ((by submitting written questions)) subject to the chairperson's discretion.

(e) The right to have an audio recording made of the hearing.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-201, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-205   Types of hearings.   (1) An administrative hearing is an informal process conducted by a university officer ((that will not result in suspension or dismissal)).

(2) Conduct board hearings are more formal proceedings that may result in suspension, dismissal or loss of a student organization's recognition or charter.

(3) Student conduct hearings are conducted as brief adjudicative proceedings pursuant to RCW 34.05.482 through 34.05.494

(4) Two or more students or organizations may be required to participate in a joint hearing if they are alleged to have taken part in the same incident, act, event, or series of related acts.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-205, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-205, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-215   University officer, conduct board, and appeal board.   (1) The university officer is a student affairs staff member or a graduate assistant in the office of student affairs.((.))

(2) ((U)) The vice president for student affairs appoints the university conduct board members ((are recommended by the vice president for student affairs and appointed by the president of the university)). This board is generally composed of two faculty members, two students, and a faculty or staff chairperson. The chairperson is appointed by the vice president for student affairs and conducts the proceedings.

(3) In matters involving an academic integrity violation, the faculty members shall be teaching faculty. If the accused student is a graduate student, at least one graduate student shall be on the conduct board.

(4) The appeal board is composed of three university administrators appointed by the vice president ((of the university)) for student affairs.

(5) (([All university officers and hearing board members shall be impartial.])) All university officers and hearing board members shall be impartial.

(a) Impartial means the person is not personally involved in the alleged act or does not have a personal interest in the outcome of the disciplinary proceeding.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-215, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-215, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-215, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-222   Preliminary conference.   (1) The preliminary conference is an opportunity to evaluate the student's or student organization's alleged involvement in the matter. The university officer shall:

(a) Inform the student of the nature of the complaint;

(b) Educate the student about the university's disciplinary process;

(c) Notify the student of his or her rights and responsibilities; and

(d) Encourage the student to submit a written explanation of the alleged incident.

(2) ((If a student or student organization admits responsibility for the alleged incident and the violation will not result in suspension or expulsion, t)) The student or student organization may waive the notice requirement and resolve the matter with a university officer ((at that time)).

(((3) If there is no admission of responsibility, the matter will be set for a administrative or conduct board hearing.))

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-222, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-224   Service of notice.   (1) Notice of a hearing with a university officer or the conduct board is sent by regular mail and/or electronic mail((.

(2) Notice of a conduct board hearing is sent by certified mail return receipt requested and by regular mail)) to the student's or student ((or)) organization's last known local address. If the student is no longer enrolled at the time notice is sent, the notice is sent to the student's permanent address.

(((3))) (2) The student or student organization is responsible for keeping an updated address on file.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-224, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-226   Administrative hearing.   (1) Administrative hearings are informal hearings conducted by a university officer.

(a) The university officer has the sole discretion to send the matter to a conduct board at any time before a((n initial order)) decision is issued. A student may request that a conduct board hear the case, but the final decision on the matter is made by the university officer and is not subject to appeal.

(2) If the student or student organization fails to appear at a hearing after proper notice, the university officer has the discretion to proceed in the student or organization's absence and determine responsibility and appropriate sanctions.

(3) The hearings are closed to the public in conformity with federal privacy law.

(4) The administrative hearing is not a legal proceeding.

(5) The university officer is not bound by the rules of evidence and may admit any relevant information, but shall exclude immaterial or unduly repetitious information. A student's adviser is not permitted to directly address the university officer.

(6) The university must prove the allegation by a preponderance of the evidence.

(a) Preponderance of the evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that a violation occurred.

(7) A hearing may be continued to another time if any person disrupts the proceedings.

(8) At the conclusion of the hearing the student is informed in writing of the university officer's decision, the reasons for the decision, the sanction, and the right to appeal the decision.

(9) The written decision is the initial order. ((Any sanction imposed is effective from the date of the initial order.))

(10) If the student does not appeal the university officer's ((initial)) decision within twenty-((five))one calendar days from the date of the decision letter, it becomes the university's final order.

(11) Administrative hearing decisions involving individual students are confidential. However, the university may disclose the outcome of a disciplinary decision in compliance with the Family Educational Right to Privacy Act (FERPA) under the following exemptions:

(a) Disclosure to other university officials with a legitimate educational interest;

(b) Disclosure to an alleged victim of any crime of violence;

(c) Disclosure in connection with a health or safety emergency; and

(d) Future exemptions that may apply as amended by federal law. Students will be notified annually of any new exemptions that may apply.

(12) The university officer shall keep a written record of the hearing. This record shall include all documents relevant to the university officer's decision.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-226, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-227   Administrative hearing appeal.   (1) ((Any student or student organization found responsible for a violation of the standards of conduct has the right to one appeal.)) The appeal is a review of the record and the appeal letter((,)); it not a new hearing.

(2) The university officer's written decision is the university's initial order.

(3) The university officer's ((initial order)) decision may be appealed to the vice president for student affairs or designee.

(4) If the student does not appeal the university officer's ((initial)) decision within twenty-((five))one calendar days from the date of the decision letter, it becomes the university's final order.

(5) An appeal letter shall be in writing and filed with the office of student affairs. The university officer may ((also submit)) address the appeal letter by submitting a written ((arguments on behalf of)) response to the reviewing official. ((t)) The university officer's response, if any, will be copied to the appellant.

(6) ((On)) The appeal ((the student must prove that he or she is not responsible for a violation.

(7))) letter shall clearly state the basis for appeal. The following shall be the basis for an appeal:

(a) ((A)) The university's disciplinary process was not properly followed and that procedural error ((that materially)) would have substantially affected the decision;

(b) New information not ((previously)) available at the time of the hearing ((that)) would have ((materially)) substantially affected the decision;

(c) There was not enough evidence to justify the decision ((was not supported by substantial evidence)).

(((d) The standards of conduct do not apply to the alleged violation.))

(((e))) (d) The sanction ((is)) was too severe or inappropriate for the violation.

(((8))) (7) The student bears the burden of proof on appeal.

(a) Burden of proof means the student or student organization must prove he, she, or it is not responsible for the violation of the standards of conduct.

(((9))) (8) The vice president for student affairs or designee shall review the record and make one of the following determinations within twenty calendar days from the date of the appeal letter:

(a) Affirm the ((conduct board)) university officer's decision;

(b) Reverse the ((conduct board)) university officer's decision;

(c) Affirm, reverse or modify the sanctions imposed by the ((conduct board)) university officer.

(((10))) (9) The ((university appeals board's)) decision letter is the university's final order and shall advise the student or student organization ((of the right to)) that judicial review may be available.

(((a) The request for judicial review of a final university order must be filed with the court within thirty-five calendar days of the date of the university appeals board's decision letter.))

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-227, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-228   Conduct board hearing.   (1) Conduct board hearings are more formal proceedings that may result in suspension or dismissal. The student or student organization is responsible for presenting his, her, or its own case.

(a) A student may request an administrative hearing, but the final decision on the matter is made by the university officer and is not subject to appeal.

(2) If the student or student organization fails to appear at a hearing after proper notice, the university conduct board has the discretion to proceed in the student or student organization's absence and determine responsibility and appropriate sanctions.

(3) The hearings are closed to the public in conformity with federal privacy law.

(4) The conduct board hearing is not a legal proceeding.

(5) The conduct board is not bound by the rules of evidence and may admit any relevant information, but shall exclude immaterial or unduly repetitious questions or information.

(6) The university and the student or student organization have the right to ((have)) verbally examine witnesses ((testify)) about the alleged incident((.)), but the chairperson has the authority to limit a party to written questions. A student adviser may consult with the student or student organization during the hearing, but is not permitted to directly address the conduct board. The adviser is prohibited from examining witnesses.

(7) The university must prove the allegation by a preponderance of the evidence.

(a) Preponderance of the evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that a violation occurred.

(b) The conduct board's decision is made by a simple majority vote.

(((8) Conduct board hearings are generally held between the hours of 5:00 p.m. and 10:00 p.m. Deliberations may continue after 10:00 p.m. at the discretion of the board.

(9) The chairperson presides over the hearing and may recess a hearing or order a continuance on a different day and time as the circumstances may require.

(10) The student or student organization may request a recess, but recesses should be kept short and to a minimum. The chairperson may approve or deny a request for a recess.

(11))) (8) Any person may be excluded from the proceeding for disruptive behavior.

(((12))) (9) The decision process is closed to everyone except the members of the conduct board. In some cases, an assistant attorney general may advise the conduct board on procedural matters.

(((13))) (10) Conduct board decisions involving individual students are confidential. However, the university may disclose the outcome of a disciplinary decision in compliance with the Family Educational Right to Privacy Act (FERPA) under the following exemptions:

(a) Disclosure to university officials with a legitimate educational interest;

(b) Disclosure to an alleged victim of any crime of violence;

(c) Disclosure is in connection with a health or safety emergency; and

(d) Future exemptions that may apply as amended by federal law. Students will be notified annually of any new exemptions that may apply.

(((14))) (11) Decisions involving student groups or living groups may be disclosed to the public pursuant to a Public Records request without violating individual students' privacy rights.

(a) Personally-identifiable student information shall be redacted.

(((15))) (12) The student or student organization may be informed of the outcome of the hearing prior to receiving written notification.

(((16))) (13) The student or student organization shall be notified of the conduct board's decision within ten calendar days from the date the matter is heard (if the university is not in session, this period may be reasonable extended). The student or student organization shall receive written notice of the decision, the reasons for the decision, the sanction, and the right to appeal.

(((17))) (14) ((W)) The conduct board's written ((notice of the)) decision is sent by ((certified and)) regular and/or electronic mail to the student's or the president of the student organization's last known address.

(((18))) (15) The written decision is the university's initial order. ((Any sanction imposed is effective from the date of the initial order.))

(((19))) (16) If the student or student organization does not appeal the conduct board's decision within twenty-((five))one calendar days from the date of the decision letter, it becomes the university's final order.

(((20))) (17) The conduct board hearing record shall include:

(a) All documents relevant to the conduct board's decision, and

(b) An audio recording of the proceedings.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-228, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-229   Conduct board appeal.   (1) ((Any student or student organization found responsible for a violation of the standards of conduct has the right to one appeal.)) The appeal is a review of the record and the appeal letter, it is not a new hearing. No appeal is available if the conduct board finds the student responsible for multiple violations of the university's drug/alcohol policy.

(2) The conduct board's written decision is the university's initial order.

(3) The university conduct board's ((initial order)) decision may be appealed to the university appeal board.

(4) If the student does not appeal the conduct board's ((initial order)) decision within twenty-((five))one calendar days from the date of the decision letter, it becomes the ((final)) university's final order.

(5) An appeal letter shall be in writing and filed with the office of student affairs. The university officer may ((also submit)) address the appeal letter by submitting a written ((arguments on behalf)) response to the board. ((of t)) The university officer's response, if any, will be sent to the appellant.

(6) The following shall be the basis for an appeal:

(a) ((A)) The university's disciplinary process was not properly followed and that procedural error ((that materially)) would have substantially affected the decision;

(b) New information not ((previously)) available at the time of the hearing ((that)) would ((materially)) have substantially affected the decision.

(c) There was not enough evidence to justify the decision ((was not supported by substantial evidence));

(d) The standards of conduct do not apply to the alleged conduct.

(e) The sanction ((is)) was too severe or inappropriate for the violation.

(7) The student bears the burden of proof. Burden of proof means the student must prove they are not responsible for the violation of the standards of conduct.

(8) The university appeal board shall review the record and make one of the following determinations:

(a) Affirm the conduct board's decision;

(b) Reverse the conduct board's decision;

(c) Affirm, reverse or modify the sanctions imposed by the conduct board.

(9) The student or student organization shall be notified of the appeal board's decision within ((ten)) twenty calendar days from the date ((the matter is heard)) of the appeal letter. The university appeal board's decision letter is the final order and shall advise the student or student organization ((of the right to)) that judicial review may be available.

(((a) The request for judicial review of a final university order shall be filed with the court within thirty-five calendar days of the date of the university appeal board's decision letter.))

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-229, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-230   Sanctions.   (((1))) Any of the following sanctions or any combinations of sanctions may be imposed on a student or student organization for a violation of the standards of conduct. ((Sanctions imposed by the university officer or university conduct board are effective from the date of the initial order.))

(((a))) (1) Warning. A letter notifying the student that the allegation is not a violation under the standards of conduct, but repeated behavior may result in a violation.

(((b))) (2) Education((al project)). The university has the discretion to require the student ((is required)) to seek specific education or complete an educational project designed to create an awareness ((about)) of the student's ((behavior)) misconduct.

(3) Assessment. The student is required to have an alcohol and/or drug assessment by a certified professional and to comply with the professional's recommendations.

(((c)[(b)])) (4) Community service(([:][.])). Assignment of labor or responsibilities to any student or student organization within the university or local community may be imposed up to a maximum of eighty hours per student or per member of an organization.

(((d))) (5) Disciplinary probation. Disciplinary probation means formal conditions are imposed on a student's continued attendance at the university for a specific period of time. Disciplinary probation serves as a warning that future misconduct may result in more severe sanctions. Students on disciplinary probation are not eligible to run for or hold office in any student groups or organizations (although they can be members of any group or organization); they are not eligible for certain jobs on campus (including but not limited to resident advisor or orientation counselor), and they are not eligible to serve on the University Conduct Board.

(((e))) (6) Restitution. Restitution may include reimbursement for damaged or stolen property and any medical expenses incurred by a person injured as a result of the student's or student organization's misconduct.

(((f))) (7) No contact order. This may include a prohibition of direct or indirect physical and/or verbal contact with another individual or group.

(((g))) (8) Loss of privileges. Loss of the right to reside in a specific housing unit or in any university-owned or approved housing, or loss of the right to participate in extracurricular activities for a specific period of time.

(((h))) (9) Loss of recognition or charter. A student organization's recognition or charter may be withheld permanently or for a specific period of time. A fraternity or sorority may be prohibited from housing freshmen.

(((i))) (10) Hold on transcript and/or registration. This is a temporary measure restricting release of a student's transcript or access to registration. Upon satisfactory completion of the conditions of the sanction, the hold shall be released.

(((j))) (11) Revocation of degree. A student's degree may be revoked if it was falsely or fraudulently obtained, or if the student was dismissed from the university based on his or her misconduct.

(((k))) (12) Suspension. The student is suspended for a specific period of time. ((Upon satisfactory completion of stated conditions, reinstatement shall be granted.)) A student may be excluded from specific areas of campus for safety reasons. Upon satisfactory completion of stated conditions, the university may grant reinstatement at its discretion.

(a) The suspension is effective immediately if the conduct board determines that the student poses a safety risk to himself/herself or to the university community.

(b) Students shall be automatically suspended for a minimum of one semester for multiple violations of the university's alcohol/drug policy.

(((l))) (13) Dismissal. The student's enrollment is immediately terminated. Dismissal means that a student's academic relationship with the university is permanently ended.

(((m))) (14) Special sanctions for hazing. Pursuant to RCW 28B.10.902, additional sanctions will be imposed in cases where there is a finding of responsibility for hazing as provided in RCW 28B.10.900 and WAC 504-25-035 as amended:

(a) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a specific period of time.

(b) Any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by Washington State University.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-230, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-230, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-230, filed 5/18/89, effective 7/1/89.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
REPEALER


The following section of the Washington Administrative Code is repealed:


WAC 504-25-231 Reconsideration of final orders.

AMENDATORY SECTION(Amending WSR 02-15-075, filed 7/15/02, effective 8/15/02)

WAC 504-25-245   Records.   (1) Disciplinary records will be maintained for a minimum of seven years in accordance with the university's retention schedule.

(2) The disciplinary record is confidential.

(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 affairs.

(a) Personally-identifiable student information shall be redacted to protect another student's privacy rights.

(4) A student may authorize the release of his/her own disciplinary record to a third party in compliance with the Federal Educational Rights and Privacy Act (FERPA) by making a written request to the office of student affairs.

(a) Identifying student information shall be redacted to protect another student's privacy rights.

(5) The university may inform an alleged victim of the outcome of any disciplinary proceeding involving a crime of violence as defined by Federal Educational Rights and Privacy Act (FERPA).

(6) 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.

(a) The student's parents or legal guardians may review (([these records] [a student's disciplinary record])) these records if the student is a minor or a dependent for tax purposes as defined by the Federal Educational Rights and Privacy Act (FERPA).

(b) The university provides annual notification of a student's privacy rights in accordance with federal law.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-245, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-245, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-245, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-310   Definitions.   (1) Academic dishonesty. Academic dishonesty includes cheating, falsification, fabrication, multiple submission, plagiarism, abuse of academic materials, complicity, or misconduct in research, all of which are defined below.

(2) Cheating. Cheating is the intentional use of, or attempt to use, unauthorized material, information, or study aids in any academic activity to gain advantage. Cheating includes, but is not limited to, communicating improperly with others, especially other students, during tests or the preparation of assignments for classes; copying from books, notes or other sources during a test when this is not permitted; copying from another student's work (reports, laboratory work, computer programs, files, etc.); making improper use of calculators or other devices during a test; illegitimately procuring or using copies of current examinations; allowing a substitute to take an examination or write a paper for oneself.

(3) Falsification. Falsification is the intentional and unauthorized alteration of information in the course of an academic activity. Falsification includes, but is not limited to, altering the record of data, experimental procedures, or results; falsely describing the source of information (e.g., reproducing a quotation from a book review as if it had been obtained from the book itself); altering academic records; altering a returned examination paper and then seeking a higher grade based on the result.

(4) Fabrication. Fabrication is the intentional invention or counterfeiting of information in the course of an academic activity without proper authorization. Fabrication includes, but is not limited to, counterfeiting data, research results, information, or procedures with inadequate foundation in fact; counterfeiting a record of internship or practicum experiences; submitting a false excuse for absence or tardiness.

(5) Multiple submission. Multiple submission includes, but is not limited to, submitting the same paper or oral report for credit in two courses without the responsible instructor's permission; making minor revisions in a paper or report for which credit has already been received and submitting it again as a new piece of work.

(6) Plagiarism. Plagiarism is knowingly representing the work of another as one's own, without proper acknowledgment of the source. The only exceptions to the requirement that sources be acknowledged occur when the information, ideas, etc., are common knowledge. Plagiarism includes, but is not limited to, submitting as one's own work the work of a "ghost writer" or work obtained from a commercial writing service; quoting directly or paraphrasing closely from a source without giving proper credit; using figures, graphs, charts, or other such material without identifying the sources.

(7) Abuse of academic materials. Abuse of academic materials occurs when a student intentionally or knowingly destroys, steals, mutilates, or otherwise makes inaccessible library or other academic resource material that does not belong to him or her. Abuse of academic materials includes, but is not limited to, stealing, destroying, or mutilating library materials; stealing or intentionally destroying another student's notes or laboratory data; hiding resource materials so others may not use them; destroying computer programs or files needed in others' academic work; copying computer software in ways that violate the terms of the licensing agreement that comes with the software.

(8) Complicity in academic dishonesty. A student is guilty of complicity in academic dishonesty if he or she intentionally or knowingly helps or attempts to help another or others to commit an act of academic dishonesty of any of the types defined above. Complicity in academic dishonesty includes, but is not limited to, knowingly allowing another to copy from one's paper during an examination or test; distributing test questions before the time scheduled for the test; collaborating on academic projects when students are expected to work independently; taking a test for another student((,)); or signing a false name on a piece of academic work.

(9) Misconduct in research. Graduate and undergraduate students on research appointments for the university are responsible for compliance with the university's Policy and Procedural Guidelines for Misconduct in Research and Scholarship found in the faculty manual((, under the title of "Faculty Code of Professional Ethics.")). Misconduct in research is treated as academic dishonesty.

(10) Responsible instructor. The responsible instructor in the academic integrity process is the person who assigns the grades, supervises students' work, or is responsible for teaching operations in the course of study in which the alleged violation occurred. The term "responsible instructor" can include, but is not limited to, instructors, graduate assistants, another instructor, and clinical supervisors. If the conduct does not relate to a particular course, the role of instructor for these procedures may be a department chair or academic advisor.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-310, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-315   Academic integrity processes.   (1) Every act of academic dishonesty affects academic evaluation of the student and also is a violation of the university's standards of conduct. Responsible instructors retain the authority and responsibility to assign grades to students, considering from an academic standpoint the nature of the student's action. This is the case even when the case is referred to the university academic integrity process. Students have recourse to appealing the responsible instructor's assignment of grades according to usual academic policy. See academic regulation 104.

(2) All clear instances of academic dishonesty shall be reported to the office of student ((affairs)) conduct as outlined in WAC 504-25-335(2). The first reported instance at WSU of academic dishonesty by a student will be treated as purely an academic matter unless, in the judgment of the responsible instructor, more serious action should be taken through the disciplinary process. Any allegation of subsequent academic dishonesty will be treated as a matter to be referred to the office of student ((affairs)) conduct.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-315, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-320   Reports of academic dishonesty.   Any member of the university community who witnesses an apparent act of academic dishonesty shall report the act either to the instructor responsible for the course or activity or to the office of student ((affairs)) conduct.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-320, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-325   ((Judicial)) Conduct officer and hearing boards.   (1) ((Judicial)) Conduct officer. ((Judicial)) Conduct officers are assistants in the office of student ((affairs)) conduct and serve as the investigators and prosecutors. ((Judicial)) Conduct officers are appointed for each Washington State University campus. The ((judicial)) conduct officer for a particular case prepares the case and the materials after notification of a violation by an instructor. The ((judicial)) conduct officer also serves as the secretary ((of the academic integrity)) for conduct board hearings.

(2) ((Academic integrity c)) Conduct board. The ((academic integrity)) conduct board ((is a subcommittee of the university conduct board whose)) members are ((recommended)) appointed by the vice((-provost)) president for ((academic)) student affairs ((and appointed by the president)). ((The academic integrity conduct board shall consist of at least five teaching faculty and four students.)) A hearing panel comprised of three faculty and two student members of the ((academic integrity)) conduct board will hear all cases regarding academic dishonesty in which a finding of responsibility could result in expulsion or suspension. In a case involving allegations of misconduct in research by a graduate student, at least one member shall be a member of the graduate faculty.

(3) ((Academic integrity c)) Conduct board chair. One faculty member of the ((academic integrity)) conduct board shall be appointed the chair by the vice president for student affairs. ((The chair shall serve on all academic integrity conduct board hearing panels.))

(4) Faculty hearing officers. Faculty hearing officers are faculty members of the ((academic integrity)) conduct board. Faculty hearing officers are appointed for each Washington State University campus. A case may be heard by a faculty hearing officer when, in the judgment of the university ((judicial)) conduct officer, the offense is such that the sanction to be imposed shall not include suspension or expulsion.

(5) University appeals board. The university appeals board hears appeals of action taken by the ((academic integrity)) conduct board in accordance with WAC 504-25-360.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-325, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-330   Acts of academic dishonesty that violate the conduct regulations and the academic integrity standards.   Whenever the ((judicial)) conduct officer determines that an alleged violation could constitute a violation of both the conduct regulations, chapter 504-25 WAC, Part I, and the academic integrity standards, chapter 504-25 WAC, Part III, the alleged violation will be handled under the procedures of chapter 504-25 WAC, Part II. The ((judicial)) conduct officer shall assign such cases to either an administrative hearing officer or the university conduct board in the manner described in WAC 504-25-210.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-330, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-335   Academic integrity procedures.   (1) Initial evaluation of evidence.

(a) A responsible instructor assembles the available evidence when he or she acquires evidence of a student violation of the academic integrity standards. The instructor determines whether the case warrants further investigation or action.

(b) In cases of misconduct in research by students, the initial evaluation will be conducted in accordance with the university's policy on misconduct in research. If it is determined that misconduct has occurred, the matter will be referred to the office of student ((affairs)) conduct. Referral to student ((affairs)) conduct does not affect the ability of the university independently to terminate employment if the misconduct relates to the student's appointment.

(2) Grading by instructor((--referral for conduct action)). If the responsible instructor finds that a violation of academic integrity has occurred, the instructor should proceed to assign a grade, or take other appropriate action, considering the academic nature of the violation.

The instructor shall notify the office of student ((affairs)) conduct of any finding that a violation has occurred. The office of student ((affairs)) conduct shall notify the instructor of whether or not the alleged violation is a first offense.

If the violation is a first offense, the office of student ((affairs)) conduct will take no additional action, unless the instructor deems the violation serious enough as to warrant further action. In such serious first offense cases, the office of student ((affairs)) conduct shall review the case and handle it according to the procedures set forth in this chapter.

If the offense is not a first violation, the office of student ((affairs)) conduct shall review the case and handle it according to the procedures set forth in this chapter.

If the responsible instructor's grade is appealed and a department chair((,)) or dean((, or the provost)) subsequently finds that a violation did not occur, or that the academic sanction was too severe, ((this finding should be conveyed to the instructor. A)) a report shall be filed with the office of student ((affairs)) conduct indicating the finding ((and the accompanying action, if any)) or modified grade.

(3) University conduct process.

(a) The university ((judicial)) conduct officer for the campus where the violation occurred shall prepare cases for a hearing when an alleged violation of academic integrity standards is referred to the university conduct process.

(b) The university ((judicial)) conduct officer shall contact and interview the accused student.

(c) During the interview, the student is informed of the charge(s) and asked to make a written statement about the incident.

(d) The student is informed of the ((individual's)) rights and responsibilities in the academic integrity process.

(e) The ((judicial)) conduct officer may interview other people involved.

(f) Evaluation of the allegation.

(i) The ((judicial)) conduct officer may discontinue any investigation when the allegation is deemed to be without basis. Before discontinuing the investigation, the ((judicial)) conduct officer shall contact the responsible instructor.

(ii) In the event the ((judicial)) conduct officer finds there is any basis to the allegation, the student may be officially charged with violation of the standards of conduct.

(g) Assignment of the type of hearing.

(i) The ((judicial)) conduct officer will evaluate the seriousness of the charge and assign the case to either a faculty hearing officer or the ((academic integrity)) conduct board.

(ii) Any alleged violation which could result in suspension or expulsion shall be referred to the ((academic integrity)) conduct board, unless the student requests and is granted a hearing by a faculty hearing officer.

(iii) Every other violation shall be assigned to a faculty hearing officer at the campus where the student attends.

(h) Notice. When any student is charged by the ((judicial)) conduct officer with a violation of the academic integrity standards, the accused party must be notified at least seven calendar days in advance of the hearing. The notice must be in writing and include the following:

(i) The specific charges, citing the appropriate university policy or regulation allegedly violated;

(ii) The time and place of the alleged act(s) insofar as may be reasonably known; and

(iii) The time and place of the hearing.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-335, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-340   Rights of students charged with violations of the academic integrity standards.   Students charged with violations of the academic integrity standards shall have the same rights afforded students in disciplinary procedures for violations of the standards of conduct. These rights are codified as WAC 504-25-((220))201.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-340, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-350   Hearing guidelines.   The guidelines established for administrative hearings and hearings before the university conduct board for violations of standards of conduct shall apply for hearings of alleged violations of the academic integrity standards. These guidelines are codified in WAC 504-25-((225))226 and WAC 504-25-228.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-350, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-355   Sanctions.   (1) The hearing officer or ((academic integrity)) conduct board may impose any of the following sanctions or any combination of the sanctions for violations of the academic integrity standards:

(a) A formal warning.

(b) Addition of a notation to the grade recommended by the instructor. The notation shall indicate that the student was found responsible for an act of academic dishonesty in the course for which the grade was given.

(c) Academic assignment or other creative interventions designed to promote the ethical development of the student. Such assignments or interventions shall not be devised to embarrass or unduly burden the student.

(2) The ((academic integrity)) conduct board((, or the hearing officer if the student has elected not to go before the board,)) may impose the following additional sanctions for violations of the academic integrity standards:

(a) Suspension from the university for a specified interval of time.

(b) ((Expulsion)) Dismissal from the university.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-355, filed 3/2/95, effective 4/2/95.]


AMENDATORY SECTION(Amending WSR 95-07-001, filed 3/2/95, effective 4/2/95)

WAC 504-25-360   Appeals.   (1) Who may appeal.

(a) Any student charged with any violation(s) of the academic integrity standards and found responsible for any violation(s) by a hearing ((panel)) board or administrative hearing officer is entitled to one administrative appeal.

(b) The ((judicial)) conduct officer, after consulting with the responsible instructor, is entitled to one administrative appeal when a student is found not responsible or the ((judicial)) conduct officer deems the sanction inappropriate.

(2) Types of appeals.

(a) Appeals of findings by a faculty hearing officer go to the vice-provost for academic affairs.

(b) Appeals of findings by the ((academic integrity)) conduct board go to the university appeals board. Membership of the university appeals board is defined by WAC 504-25-215.

(3) Procedure for filing an appeal.

(a) An appeal must be filed within twenty-one calendar days of the date the student received the decision.

(b) All requests to review decisions must be in writing and delivered to the ((vice-provost for)) office of student affairs.

(c) The request must state the grounds for appeal.

(d) Students may request an appeal based on the following:

(i) There was a procedural error which ((materially)) substantively affected the decision;

(ii) New evidence has been found which was not previously available and which would have ((materially)) substantively affected the decision;

(iii) The decision was not supported by substantial evidence; or

(iv) The sanction is too severe or not appropriate.

(e) The ((judicial)) conduct officer may only request an appeal based on the following:

(i) The decision was not supported by substantial evidence; or

(ii) The sanction is too severe, not severe enough, or not appropriate.

(4) Appeal process.

(a) During the appeal process, the burden of proof shifts to the appealing party.

(b) The appeal is a review of the record of the hearing plus the letter of appeal, including any written argument(s) submitted by the appealing party and nonappealing party and a statement of the new evidence if that is the ground for the appeal.

(c) An appeal is not a new hearing.

(d) The vice-provost for ((student)) academic affairs or the university appeals board may permit oral argument. The student and the ((judicial)) conduct officer shall be notified at least three days in advance of the argument.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, 504-25-360, filed 3/2/95, effective 4/2/95.]

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