WSR 05-03-103

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed January 18, 2005, 4:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-24-058.

Title of Rule and Other Identifying Information: Standards of conduct for students.

Hearing Location(s): Conference Room 401, Lighty Student Services Building, Washington State University, Pullman, Washington 99164, on February 23, 2005, at 2:00 p.m.

Date of Intended Adoption: March 4, 2005.

Submit Written Comments to: Ralph T. Jenks, P.O. Box 641225, Pullman, WA 99164-1225, e-mail forms@mail.wsu.edu, fax (509) 335-3969, by February 18, 2005.

Assistance for Persons with Disabilities: Contact Deborah Bartlett by February 18, 2005.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifies WSU's requirements for student conduct. Rules will also streamline the hearing, disciplinary, and appeals processes.

Reasons Supporting Proposal: To clarify WSU's requirements for student conduct. Rules will also streamline the hearing, disciplinary, and appeals processes.

Statutory Authority for Adoption: RCW 28B.30.150.

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

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

Name of Agency Personnel Responsible for Drafting: Dr. Charlene Jaeger and Dr. Elaine Voss, Lighty Student Services Building, Room 360, (509) 335-4531; Implementation and Enforcement: Dr. Charlene Jaeger, Lighty Student Services Building, Room 360, (509) 335-4531.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

January 14, 2005

Ralph T. Jenks, Director

Office of Procedures, Records, and Forms

and University Rules Coordinator

OTS-7734.1


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-001   ((Terms of enrollment.)) Standards of conduct.   ((Washington State University aims to create an environment that cultivates individual virtues and institutional integrity in the university community.)) The ((mission of the)) university's mission 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)) university has the authority to ((take disciplinary action for)) enforce the standards of conduct on or off university property if a person is in student status. ((Off-campus conduct may be addressed when it is detrimental to the university's mission.))

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-001, filed 7/30/03, effective 8/30/03; 02-15-075, 504-25-001, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-003   ((Definition of a)) Student status.   ((A)) "Student ((is any person who is enrolled at Washington State University for the current academic period. A student is also defined as one who has an ongoing relationship with the university between academic periods at the time the misconduct occurred)) status" for conduct purposes includes the following:

(1) The person is enrolled for one or more credit hours;

(2) The person is enrolled in a special noncredit program approved by the university;

(3) The person is between academic periods, such as the summer or winter break, or was enrolled at the time the misconduct occurred.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-003, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-011   Good standing.   ((The award of a degree is conditioned upon the student's good standing in the university and satisfaction of all university graduation requirements. "Good standing" means the student has resolved any unpaid fees or acts of academic or behavioral misconduct, and complied with all sanctions imposed as a result of the misconduct.)) The university shall deny award of a degree ((if the)) to any student who is ((dismissed)) expelled from the university ((based on his or her)) for misconduct. (See also Rule 45 in the General Catalog.)

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-011, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-013   Responsibility for guests.   A student ((or student organization)) is responsible for the conduct of guests on ((or in)) university property and at functions sponsored by the university or ((sponsored by)) any registered university organization.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-013, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-020   Discrimination.   (1) Discrimination on the basis of race, national or ethnic origin, creed, age, sex, marital status, veteran status, sexual orientation, or disability is prohibited in conformity with federal and state laws.

(2) Discrimination includes sexual or racial harassment ((by students. Sexual and racial harassment are)), which is defined as conduct that is (a) sexually or racially motivated and (b) has the purpose or effect of unreasonably interfering with a person's work or educational performance or creating an intimidating, hostile, or offensive environment.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-020, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-020, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-020, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

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

(((a))) (1) Rape is defined under state law 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))) (a) Silence or mere passivity from a state of intoxication or unconsciousness does not imply consent to sexual intercourse.

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

(((b))) (2) 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.)) (3) A person commits the violation of voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy.

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-025, filed 7/30/03, effective 8/30/03; 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 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-030   Physical ((abuse)) harm or threatened physical ((abuse)) harm.   ((Attempting or causing injury to an individual is prohibited.)) Causing or ((provoking)) threatening physical contact ((with another is prohibited when the person knows or should reasonably believe)) that ((the other)) a reasonable person ((will)) would consider ((the contact)) harmful or offensive is prohibited.

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-030, filed 7/30/03, effective 8/30/03; 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.]


NEW SECTION
WAC 504-25-032   Group conduct.   Sororities, fraternities, and recognized groups are expected to comply with the standards of conduct for students (this chapter) and with university policies.

When a member or members of a student organization violates the standards of conduct for students (this chapter), the student organization or individual members may be subject to appropriate sanctions authorized by this code.

[]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

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))) (1) 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,)) activity expected of someone joining a group (or maintaining full status in a group) that humiliates, degrades, or creates a risk of emotional and/or 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)) regardless of the person's willingness to participate.

(((b))) (2) Hazing activities may include, but are not limited to, the following: Use of alcohol during new member activities; paddling in any form; creation of excessive fatigue; physical and/or psychological shock; quests, treasure hunts, scavenger hunts, road trips; requiring public wearing of apparel that is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games or activities.

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

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-035, filed 7/30/03, effective 8/30/03; 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 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-040   Harassment.   Conduct by ((physical, verbal, graphic, written, or electronic)) any means that ((is sufficiently severe, pervasive or persistent so as to)) unreasonably threatens 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. 03-16-035, 504-25-040, filed 7/30/03, effective 8/30/03; 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.]


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

WAC 504-25-041   Malicious harassment.   Maliciously ((and intentionally committing one of the following acts because of)) harming, threatening, or attempting to harm another person or person's property based on a perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap is prohibited((:

(1) Causing physical injury to the victim or another person;

(2) Causing physical damage to or destruction of the property of the victim or another person;

(3) Threatening a specific person or group of persons and placing that person, or members of the specific group of persons, in reasonable fear of harm to person or to property)).

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-041, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-042   Stalking.   Following or ((intentionally and)) repeatedly harassing ((another)) a person, and ((placing)) causing the person being followed or harassed ((in reasonable)) fear ((that the stalker intends to injure a person or property)) is prohibited.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-042, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-043   ((Abuse of)) Harm to 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)) is likely to result in mental or bodily harm ((()) to any person, including to one's self(();

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

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-043, filed 7/30/03, effective 8/30/03.]


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

WAC 504-25-045   Reckless endangerment.   Engaging in conduct that creates ((a substantial)) an unreasonable risk of ((physical)) harm to another person or property is prohibited.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-045, 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), 504-25-045, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-050   Alcohol.   Illegal use, manufacture, possession, or sale of intoxicating beverages is prohibited by local, state, and federal law, and university policy. ((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. 03-16-035, 504-25-050, filed 7/30/03, effective 8/30/03; 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.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

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

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-051, filed 7/30/03, effective 8/30/03.]


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

WAC 504-25-055   Drugs and drug paraphernalia.   The use, sale, possession, manufacture, and/or distribution of illegal drugs and drug paraphernalia ((is)) are prohibited.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-055, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-055, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-055, filed 5/18/89, effective 7/1/89.]


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

WAC 504-25-060   Firearms and dangerous weapons.   (1) No student may carry, possess, or use any firearm, explosive (including fireworks), dangerous chemical, or dangerous weapon (((including, but not limited to, shotguns, rifles, pistols, airguns, pellet guns, longbows, hunting bows, throwing weapons, etc.))) on university property ((except in transit to or from approved storage, to leave campus, or when authorized by the university)) or university-approved housing.

(2) ((Any student who wants access to his or her firearm while enrolled at the university must store the)) Firearms must be stored with the Washington State University Department of Public Safety.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-060, filed 7/15/02, effective 8/15/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, 504-25-060, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), 504-25-060, filed 5/18/89, effective 7/1/89.]


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

WAC 504-25-065   Illegal entry and trespassing.   Illegal or attempted illegal entry or trespassing ((on university property)) is prohibited.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-065, 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), 504-25-065, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending Order 89-1, Resolution No. 3-31-89-16, filed 5/18/89, effective 7/1/89)

WAC 504-25-070   Theft or damage of property or services.   Actual or attempted theft ((of)), or damage to((,)) property or services ((belonging to the university, any member of its community, or a campus visitor)) is prohibited. Knowing possession of stolen property is also prohibited.

[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), 504-25-070, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-085   Computer abuses.   Conduct that violates the university's electronic use policy, executive policy manual section EP4, 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, or communication 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)). Policy may be viewed at: http://www.wsu.edu/~forms/ HTML/EPM/EP4_Electronic_Publishing_Policy.htm.

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-085, filed 7/30/03, effective 8/30/03; 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 504-25-090   Disruption.   (((1))) Students have the right to freedom of speech, including the right to dissent or protest, but this expression cannot interfere with the rights of others or disrupt the university's educational process or activities. ((The following conduct will not be permitted:

(a) Disruption of classes, laboratories, offices, services, meetings, or ceremonies;

(b) Obstruction of free movement of people or vehicles; provided, peaceful picketing is permitted so long as it takes place outside buildings and does not interfere with the flow of traffic;

(c) Conduct which threatens harm, incites violence, or endangers the health and safety of any person;

(d) Threats of disruption, including bomb threats;

(e) Damaging, defacing or abusing university facilities, equipment, or property, or the property of university community members; or

(f) Inciting others to engage in prohibited conduct.))

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-090, 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), 504-25-090, filed 5/18/89, effective 7/1/89.]


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

WAC 504-25-115   Violation of local ordinances, state or federal law.   Students shall comply with local, state, and federal laws and may be subject to university discipline ((or)) for any violation.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-115, 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), 504-25-115, filed 5/18/89, effective 7/1/89.]


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

WAC 504-25-135   Failure to cooperate with a university investigation.   Failure to cooperate with a university investigation or interfering with an investigation by lying or withholding evidence((, or)) is prohibited. Encouraging or threatening another to interfere with an investigation or encouraging or threatening another to lie is also prohibited. However, the student has the right to remain silent and not incriminate himself or herself if the allegation may lead to criminal liability.

(((1) Any student who fears for his or her safety may request that testimony be given by telephone or other means.))

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-135, 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), 504-25-135, filed 5/18/89, effective 7/1/89.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

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

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-138, filed 7/30/03, effective 8/30/03; 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.]

PART II

DISCIPLINARY PROCESS ((AND PROCEDURES))
AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

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

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-200, filed 7/30/03, effective 8/30/03; 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 03-16-035, filed 7/30/03, effective 8/30/03)

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))) (1) The right to notice ((and the basis for the allegation)) and the opportunity to be heard.

(((b))) (2) The right to ((remain silent and not incriminate oneself if the allegation may lead to criminal liability.

(c) The right to)) a hearing.

(((d))) (3) The right to seven calendar days' notice prior to a hearing (the student may waive this notice period).

(((e))) (4) The right to present written information to the university officer or the conduct board prior to the hearing, including signed witness statements.

(((f))) (5) 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)) allowed to directly ((address the university officer or the conduct board. The advisor is prohibited from examining witnesses)) participate in the hearing.

(((g))) (6) The right to one appeal. ((However, no appeal is available if the conduct board finds the student responsible for multiple violations of the university's drug/alcohol policy.

(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))) (7) The right to review ((any written material to be presented to the conduct board)) the conduct file at least ((48)) forty-eight hours prior to ((the)) a 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))) (8) The right to hear the testimony of all witnesses in conduct board hearings.

(((d))) (9) In conduct board proceedings, the right to question witnesses subject to the chairperson's discretion.

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

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-201, filed 7/30/03, effective 8/30/03; 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 504-25-202   Emergency interventions and interim action.   (1) ((A student or student organization involved in alleged misconduct is entitled to a hearing prior to the imposition of any disciplinary action. However,)) If there is cause to believe that the student ((or student organization)) poses an imminent threat to ((himself, herself, itself, to)) self or others ((or to property)), immediate action may be taken prior to a hearing. ((An interim suspension shall not create a presumption of guilt. The vice-president for student affairs or designee may take one or more of the following interim actions:))

(a) Interim restrictions. A student may be restricted from university facilities or assigned to alternate university housing. Students may also be restricted from contacting a person or a group.

(b) Interim suspension. A student may be suspended pending a hearing.

(2) The ((vice-president for student affairs or designee shall notify the)) student ((or student organization)) is notified in writing of the ((terms of the emergency restriction,)) basis for the interim suspension((, and the reasons for the decision)).

(3) If interim action is taken, ((the student or student organization is entitled to)) a hearing ((as soon as is reasonably possible, but not later than)) is held within ten ((calendar)) days ((after the action is taken)).

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-202, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-203   Parental notification.   The Family Educational Right to Privacy Act (FERPA) provides that an educational institution may notify a student's parent or legal guardian ((if the student is under the age of twenty-one and has violated a federal, state, or local law involving the use or possession of alcohol or a controlled substance)) under certain circumstances. Refer to: http://www.registrar.wsu.edu/ Registrar/Apps/FERPA.ASPX.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-203, filed 7/15/02, effective 8/15/02.]


NEW SECTION
WAC 504-25-211   Group conduct.   Sororities, fraternities, or recognized groups charged with violation of the standards of conduct (this chapter) are represented in the conduct process by the president, principal officer, contact person, or other students designated by the group to act as agent on behalf of the group.

(1) If the designated person fails to appear at a conduct proceeding, a decision is made without group representation.

(2) The person representing the group is afforded all the procedural rights set forth in the code.

[]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

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))) The vice-president for student affairs appoints the university conduct board members and chairperson. ((This)) Each 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))) (2) 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 when possible.

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

(((5))) (4) 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. 03-16-035, 504-25-215, filed 7/30/03, effective 8/30/03; 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 504-25-221   Complaint.   (((1))) Any person with direct knowledge of an incident may file a complaint ((in writing)) with the office of student ((affairs against a student or student organization.

(a) The complainant must have direct knowledge of the alleged misconduct and be willing to appear at a hearing if necessary.

(b) The university officer determines if the alleged misconduct constitutes a violation of the standards of conduct.

(c) If the university officer determines there may be a violation, the student or student organization is requested to attend a preliminary conference.

(d) The student or student organization is notified in writing of the allegation against them.

(2) If a student withdraws after a complaint has been filed, the hearing may be conducted in the student's absence. If the student is found responsible for a violation of the standards of conduct, the university may impose disciplinary sanctions.

(a) Failure to comply with a university sanction or failure to resolve a conduct complaint shall affect a student's good standing in the university)) conduct.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-221, filed 7/15/02, effective 8/15/02.]


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

WAC 504-25-223   Notice.   (1) Any student or student organization charged with violating the standards of conduct shall be notified in writing at least seven calendar days prior to the hearing. The notice shall include((:

(a) The specific charges, including the university policy or regulation allegedly violated;

(b) The approximate time and place of the alleged act;

(c) The time and place of the hearing)) the basis of the allegation and the time and place of the meeting.

(2) Each student is responsible for keeping an updated address on file.

[Statutory Authority: RCW 28B.30.150. 02-15-075, 504-25-223, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-226   ((Administrative)) Hearings.   (1) An administrative hearing((s are informal hearings)) is conducted solely by a ((university)) conduct officer. (((a) The university)) The conduct officer has the ((sole)) discretion to ((send)) recommend that a university conduct board hear the matter ((to a conduct board at any time before a 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,)) A student is responsible for presenting his or her own case.

(3) The university ((officer)) has the discretion to proceed ((in)) with a hearing if the student ((or organization's absence and determine responsibility and appropriate sanctions)) fails to appear.

(((3) The)) (4) University hearings are not legal proceedings and the university conduct officer is not bound by formal rules of evidence.

(5) 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)) which means 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)) within ten days.

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

(((11) Administrative hearing)) (9) 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; and

(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)).

(10) Hearing decisions involving student organizations may be disclosed pursuant to the Public Disclosure Act (PDA) via a public records request. (Personally identifiable student information is redacted.)

(11) An audio record is made in conduct board hearings.

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-226, filed 7/30/03, effective 8/30/03; 02-15-075, 504-25-226, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-227   ((Administrative)) Hearing appeal.   (1) The appeal is a review of the record and ((the appeal letter; it)) is not a new hearing.

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

(3) The university officer's)) decision may be appealed in writing to the ((vice-president for)) office of student affairs ((or designee)).

(((4) If the student does not appeal the university officer's decision within twenty-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 address the appeal letter by submitting a written response to the reviewing official. The university officer's response, if any, will be copied to the appellant.

(6) The appeal letter shall clearly state the basis for appeal.)) (3) The following shall be the basis for an appeal:

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

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

(c) There was not enough evidence to justify the decision((.));

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

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

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

(((8))) (5) The ((vice-president for student affairs or designee shall review the record and make one of the following determinations)) university's final decision is made within ((twenty calendar)) ten days ((from the date)) of the appeal letter((:

(a) Affirm the university officer's decision;

(b) Reverse the university officer's decision;

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

(9) The decision letter is the university's final order and shall advise the student or student organization that judicial review may be available)). The decision is affirmed, reversed, and/or sanctions may be modified. This is the university's final decision.

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-227, filed 7/30/03, effective 8/30/03; 02-15-075, 504-25-227, filed 7/15/02, effective 8/15/02.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-230   Sanctions.   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.

(1) Written 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.))

(2) Education. The university ((has the discretion to)) may require the student to ((seek specific education or)) complete an educational project ((designed to create an awareness of the student's 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)).

(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)) Imposition of service hours (not to exceed eighty hours per student or per member of an organization).

(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)) be in leadership positions 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)).

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

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

(8) Trespass. A student may be restricted from university property based on his or her misconduct.

(9) 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.

(((9))) (10) 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. Loss of recognition is defined as withholding university services or administrative approval from a student organization. Services and approval to be withdrawn from a student organization 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 advising services, new student programs participation, community services learning center organizational activities, student advising and learning center organizational services, and office of Greek life advising and freshmen residency.

(((10))) (11) 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.

(((11))) (12) 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)).

(((12))) (13) Suspension. The student is suspended for a specific period of time. ((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.

(((13) Dismissal)) (14) Expulsion. The student's enrollment is immediately terminated. ((Dismissal means that a student's academic relationship with the university is permanently ended.

(14))) (15) 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)):

(([(i)][(a)])) (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.

(([(ii)][(b)])) (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 and may be subject to additional sanctions.

[Statutory Authority: RCW 28B.30.150. 03-16-035, 504-25-230, filed 7/30/03, effective 8/30/03; 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.]


AMENDATORY SECTION(Amending WSR 03-16-035, filed 7/30/03, effective 8/30/03)

WAC 504-25-245   Records.   (1) Disciplinary records will be maintained for a minimum of seven years after the case is resolved, 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)) conduct.

(((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)) conduct.

(((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 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. 03-16-035, 504-25-245, filed 7/30/03, effective 8/30/03; 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.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 504-25-002 Washington State University.
WAC 504-25-015 Academic dishonesty.
WAC 504-25-018 Copyright and intellectual property.
WAC 504-25-095 Disturbing the peace.
WAC 504-25-205 Types of hearings.
WAC 504-25-224 Service of notice.
WAC 504-25-228 Conduct board hearing.
WAC 504-25-229 Conduct board appeal.

Washington State Code Reviser's Office