Preproposal statement of inquiry was filed as WSR 05-22-049.
Title of Rule and Other Identifying Information: Standards of conduct for students.
Hearing Location(s): Conference Room 403, Lighty Student Services Building, Washington State University, Pullman, Washington 99164, on March 30, 2003 , at 3:00 p.m.
Date of Intended Adoption: May 5, 2006.
Submit Written Comments to: Ralph T. Jenks, P.O. Box 641225, Pullman, WA 99164-1225, e-mail firstname.lastname@example.org, fax (509) 335-3969, by March 24, 2006.
Assistance for Persons with Disabilities: Contact Deborah Bartlett by March 24, 2006.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules are being changed in order to update WSU's current code using a Model Code for the Twenty-First Century endorsed by the National Association of College and University Attorneys and the Association of Student Judicial Affairs. The revisions will allow the university to include amendments to FERPA published after the current code was implemented.
Reasons Supporting Proposal: To update WSU's current code using a Model Code for the Twenty-First Century endorsed by the National Association of College and University Attorneys and the Association of Student Judicial Affairs. The revisions will allow the university to include amendments to FERPA published after the current code was implemented.
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. Elaine Voss, Lighty Student Services Building, Room 190, (509) 335-4532; Implementation and Enforcement: Dr. Alton Jamison, 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.
February 3, 2006
Ralph T. Jenks, Director
Office of Procedures, Records, and
Forms, and University Rules Coordinator
The following chapter of the Washington Administrative Code is repealed:
|WAC 504-25-001||Terms of enrollment.|
|WAC 504-25-002||Washington State University.|
|WAC 504-25-003||Definition of a student.|
|WAC 504-25-011||Good standing.|
|WAC 504-25-013||Responsibility for guests.|
|WAC 504-25-014||Students studying abroad.|
|WAC 504-25-015||Academic dishonesty.|
|WAC 504-25-018||Copyright and intellectual property.|
|WAC 504-25-025||Sexual offenses.|
|WAC 504-25-030||Physical abuse or threatened physical abuse.|
|WAC 504-25-035||Hazing is prohibited.|
|WAC 504-25-041||Malicious harassment.|
|WAC 504-25-043||Abuse of self or others.|
|WAC 504-25-045||Reckless endangerment.|
|WAC 504-25-051||Effect of alcohol or drugs.|
|WAC 504-25-055||Drugs and drug paraphernalia.|
|WAC 504-25-060||Firearms and dangerous weapons.|
|WAC 504-25-065||Illegal entry and trespassing.|
|WAC 504-25-070||Theft or damage of property or services.|
|WAC 504-25-075||Safety equipment.|
|WAC 504-25-080||Misrepresentation, fraud and falsification of university records.|
|WAC 504-25-085||Computer abuses.|
|WAC 504-25-095||Disturbing the peace.|
|WAC 504-25-100||Public indecency.|
|WAC 504-25-105||Interference with university or student programs or activities.|
|WAC 504-25-110||Violation of university policies.|
|WAC 504-25-115||Violation of local ordinances, state or federal law.|
|WAC 504-25-120||Failure to comply with a proper order.|
|WAC 504-25-125||Assisting illegal or prohibited conduct.|
|WAC 504-25-130||Violation of a disciplinary sanction.|
|WAC 504-25-135||Failure to cooperate with a university investigation.|
|WAC 504-25-137||Misuse of keys or access cards.|
|WAC 504-25-138||Misuse of identification.|
|WAC 504-25-139||Identity theft.|
|WAC 504-25-140||Other conduct.|
|WAC 504-25-200||Disciplinary action.|
|WAC 504-25-201||Student rights.|
|WAC 504-25-202||Emergency interventions and interim action.|
|WAC 504-25-203||Parental notification.|
|WAC 504-25-205||Types of hearings.|
|WAC 504-25-215||University officer, conduct board, and appeal board.|
|WAC 504-25-222||Preliminary conference.|
|WAC 504-25-224||Service of notice.|
|WAC 504-25-226||Administrative hearing.|
|WAC 504-25-227||Administrative hearing appeal.|
|WAC 504-25-228||Conduct board hearing.|
|WAC 504-25-229||Conduct board appeal.|
|WAC 504-25-305||Overview of academic integrity procedures.|
|WAC 504-25-315||Academic integrity processes.|
|WAC 504-25-320||Reports of academic dishonesty.|
|WAC 504-25-325||Conduct officer and hearing boards.|
|WAC 504-25-330||Acts of academic dishonesty that violate the conduct regulations and the academic integrity standards.|
|WAC 504-25-335||Academic integrity procedures.|
|WAC 504-25-340||Rights of students charged with violations of the academic integrity standards.|
|WAC 504-25-350||Hearing guidelines.|
|WAC 504-25-365||Finding of no responsibility.|
|WAC 504-25-370||Other interventions.|
STANDARDS OF CONDUCT FOR STUDENTS
(2) The term "appellate board" means any person or persons authorized by the vice-president for student affairs to consider an appeal from a student conduct board's determination as to whether a student has violated the standards of conduct for students (chapter 504-26 WAC) or from the sanctions imposed by the student conduct officer.
(3) The term "cheating" includes, but is not limited to:
(a) Use of any unauthorized assistance in taking quizzes, tests, or examinations.
(b) Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.
(c) Acquisition, without permission, of tests or other academic material belonging to a member of the university faculty or staff.
(d) Fabrication, which is the intentional invention or counterfeiting of information in the course of an academic activity. Fabrication includes, but is not limited to:
(i) Counterfeiting data, research results, information, or procedures with inadequate foundation in fact;
(ii) Counterfeiting a record of internship or practicum experiences;
(iii) Submitting a false excuse for absence or tardiness.
(e) Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
(4) The term "complainant" means any person who submits a charge alleging that a student violated the standards of conduct for students (chapter 504-26 WAC). When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim has the same rights under these standards as are provided to the complainant, even if another member of the university community submitted the charge itself.
(5) The term "faculty member" for purposes of these standards (chapter 504-26 WAC), means any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.
(6) The term "may" is used in the permissive sense.
(7) The term "member of the university community" includes any person who is a student, faculty member, university official, or any other person employed by the university. A person's status in a particular situation is determined by the vice-president for student affairs.
(8) The term "organization" means any number of persons who have complied with the formal requirements for university recognition.
(9) The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
(10) The term "policy" means the written regulations of the university as found in, but not limited to, the standards of conduct for students, residence life handbook, the university web page and computer use policy, and graduate/undergraduate catalogs.
(11) The term "shall" is used in the imperative sense.
(12) The term "student" includes all persons taking courses at the university, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the standards of conduct for students (chapter 504-26 WAC), who are not officially enrolled for a particular term but who have a continuing relationship with the university (including suspended students) or who have been notified of their acceptance for admission are considered "students" as are persons who are living in university residence halls, although not enrolled in this institution.
(13) The term "student conduct officer" means a university official authorized by the vice-president for student affairs to impose sanctions upon any student(s) found to have violated the standards of conduct for students (chapter 504-26 WAC).
(14) The term "university" means all locations of Washington State University.
(15) The term "university conduct board" means any person or persons authorized by the vice-president for student affairs to determine whether a student has violated the standards of conduct for students (chapter 504-26 WAC) and to impose sanctions when a rules violation has been committed.
(16) The term "university official" includes any person employed by the university, performing assigned administrative or professional responsibilities.
(17) The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks).
(18) The vice-president for student affairs is that person designated by the university president to be responsible for the administration of the standards of conduct for students (chapter 504-26 WAC).
AUTHORITY FOR STANDARDS OF CONDUCT FOR STUDENTS
WAC 504-26-100 Composition of boards. The vice-president for student affairs or designee shall determine the composition of university conduct boards and appellate boards.
WAC 504-26-200 Jurisdiction of the university standards of conduct for students. The university standards of conduct for students (chapter 504-26 WAC) shall apply to conduct that occurs on university premises, at university sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Each student is responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. The university has sole discretion to determine what conduct occurring off campus adversely impacts the university and/or the pursuit of its objectives.
(1) Cheating, plagiarism, or other forms of academic dishonesty such as:
(a) Unauthorized collaborations on assignments;
(b) Facilitation of dishonesty, including not challenging academic dishonesty;
(c) Obtaining unauthorized knowledge of exam materials;
(d) Unauthorized multiple submission of the same work; sabotage of others' work.
(2) Knowingly furnishing false information to any university official, faculty member, or office.
(3) Forgery, alteration, or misuse of any university document, record, or instrument of identification.
(a) Hazing includes any activity expected of someone joining a group (or maintaining full status in a group) that causes or is likely to cause a risk of mental, emotional and/or physical harm, regardless of the person's willingness to participate.
(b) Hazing activities may include but are not limited to the following: Abuse of alcohol during new member activities; striking another person whether by use of any object or one's body; creation of excessive fatigue; physical and/or psychological shock; morally degrading or humiliating games or activities that create a risk of bodily, emotional, or mental harm.
(c) Hazing does not include practice, training, conditioning and eligibility requirements for customary athletic events such as intramural or club sports and NCAA athletics, or other similar contests or competitions, but gratuitous hazing activities occurring as part of such customary athletic event or contest are prohibited.
(2) Washington state law also prohibits hazing which may subject violators to criminal prosecution. As used in RCW 28B.10.901 and 28B.10.902, "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 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 education institution in this state.
(3) Washington state law (RCW 28B.10.901) also provides sanctions for hazing:
(a) Any person who violates this rule, in addition to other sanctions that may be imposed, shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the university.
(b) Any organization, association, or student living group that knowingly permits hazing by its members or others subject to its direction or control shall be deprived of any official recognition or approval granted by the university.
Making an audio or video record of any person while on university premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
(1) Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
(2) Unauthorized transfer of a file.
(3) Use of another individual's identification and/or password.
(4) Use of computing facilities and resources to interfere with the work of another student, faculty member, or university official.
(5) Use of computing facilities and resources to send obscene, harassing, or threatening messages.
(6) Use of computing facilities and resources to interfere with normal operation of the university computing system.
(7) Use of computing facilities and resources in violation of copyright laws.
(8) Any violation of the university computer use policy found at
(1) Failure to obey the notice from a university conduct board or university official to appear for a meeting or hearing as part of the student conduct system.
(2) Willful falsification, distortion, or misrepresentation of information before a student conduct board.
(3) Disruption or interference with the orderly conduct of a student conduct board proceeding.
(4) Filing fraudulent charges or initiating a student conduct code proceeding in bad faith.
(5) Attempting to discourage an individual's proper participating in, or use of, the student conduct system.
(6) Attempting to influence the impartiality of a member of a university conduct board prior to, and/or during the course of, the student conduct board proceeding.
(7) Harassment (verbal or physical) and/or intimidation of a member of a university conduct board prior to, during, after and/or a student conduct code proceeding.
(8) Failure to comply with the sanction(s) imposed under the standards of conduct for students (chapter 504-26 WAC).
(9) Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
(1) Sexually or racially motivated and has the purpose or effect of unreasonably interfering with a person's work or educational performance;
(2) Creating an intimidating, hostile, or offensive environment.
(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.
(a) Silence or mere passivity from a state of intoxication or unconsciousness does not imply consent to sexual intercourse.
(b) Lack of consent is implied if force or blackmail is threatened or used.
(2) Indecent liberties mean 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.
(3) Voyeurism. 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 has a reasonable expectation of privacy.
RULES AND REGULATIONS
WAC 504-26-301 Malicious intent. If student conduct finds an accused person is responsible for any violation of this code and such violation is found to have been motivated by a perception of another's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, sensory handicap, or veterans status, such finding is considered an aggravating factor in determining a sanction for such conduct.
(1) The laws of the host country;
(2) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying; and
(3) Any other agreements related to the student's study program in a foreign country.
(2) When a student is charged by federal, state, or local authorities with a violation of law, the university does not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the standards of conduct for students (chapter 504-26 WAC), the university may advise off-campus authorities of the existence of the standards and of how such matters are typically handled within the university community. The university attempts to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the university community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
STUDENT CONDUCT CODE PROCEDURES
WAC 504-26-401 Complaints and student conduct board hearings. (1) Any member of the university community may file a complaint against a student for violations of the standards of conduct for students (chapter 504-26 WAC). A complaint is prepared in writing and directed to the student conduct officer. Any complaint is to be submitted as soon as possible after the event takes place, preferably within one year.
(2) A student conduct officer, or designee, may conduct an investigation to determine if the complaint has merit and/or if an agreed upon resolution may be reached. Such disposition is final and there are no subsequent proceedings, such as an appeal.
(a) When the allegation involves a student/community complainant, and the accused disputes the facts and/or denies responsibility, the matter is referred to the university conduct board.
(b) The conduct officer has the sole discretion to send 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.
(3) The student conduct officer, or designee, has the authority to review any complaint to determine whether the matter may be resolved through alternative dispute resolution. The parties are informed of all university options for alternative dispute resolution. Either party may request an alternative dispute resolution.
(4) All complaints are presented to the accused student in written form, either by regular mail and/or electronic mail to the 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. (The student or student organization is responsible for keeping an updated address on file.)
The written notice shall include:
(a) The specific complaint, 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 meeting. A time is set not less than seven nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of student conduct hearings may be extended only at the written request of the accused, and then only at the discretion of the student conduct officer.
(5) University conduct board hearings are conducted by a university conduct board according to the following guidelines, except as provided by subsection (7) of this section:
(i) University conduct board hearings are conducted in private.
(ii) The complainant, accused student, and his/her advisors, if any, are allowed to attend the entire portion of the university conduct board hearing at which information is received (excluding deliberations). Admission of any other person to the university conduct board hearing is at the discretion of the university conduct board chair and/or the student conduct officer.
(iii) In university conduct board hearings involving more than one accused student, the student conduct officer, in his or her discretion, may permit joint or separate hearings.
(iv) In university conduct board hearings involving graduate students, board memberships are comprised to include graduate students and teaching faculty to the extent possible.
(v) The complainant and the accused student have the right to be assisted by an advisor they choose, at their own expense. The complainant and/or the accused student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any university conduct hearing. An advisor may communicate with the accused and recesses may be allowed for privacy. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the university conduct board hearing because delays are not normally allowed due to the scheduling conflicts of an advisor.
(vi) The complainant, the accused student, and the student conduct officer may arrange for witnesses to present pertinent information to the university conduct board. The conduct officer tries to arrange the attendance of possible witnesses who are identified by the complainant. Complainant witnesses must provide written statements at least two weekdays prior to the hearing. Witnesses identified by the accused student must provide written statements to the conduct officer at least two weekdays prior to the conduct hearing. The accused student is responsible for informing his/her witnesses of the time and place of the hearing. Witnesses provide information to and answer questions from the university conduct board. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. Written questions are directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions concerning whether potential information may be received are resolved at the discretion of the chairperson of the university conduct board.
(vii) Pertinent records, exhibits, and written statements (including student impact statements) may be accepted as information for consideration by a university conduct board at the discretion of the chairperson.
(viii) Questions related to the order of the proceedings are subject to the final decision of the chairperson of the university conduct board.
(ix) After the portion of the university conduct board hearing concludes in which all pertinent information is received, the student conduct board shall determine (by majority vote) whether the accused student has violated each section of the standards of conduct for students (chapter 504-26 WAC) as charged.
(x) The university conduct board's determination is made on the basis of whether it is more likely than not that the accused student violated the standards of conduct for students (chapter 504-26 WAC).
(xi) Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in conduct proceedings.
(b) The student or student organization is 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 reasonably extended). The student or organization shall receive written notice of the decision, the reasons for the decision, the sanction and the right to appeal. Verbal and/or electronic notice may be utilized prior to receipt of the written notice at the discretion of the conduct officer.
(i) The conduct board's written decision is sent by regular and/or electronic mail to the student's or the president of the student organization's last known address.
(ii) The written decision is the university's initial order.
(iii) If the student or organization does not appeal the conduct board's decision within twenty-one calendar days from the date of the decision letter, it becomes the university's final order.
(6) There is a single verbatim record, such as a tape recording, of all university conduct board hearings (not including deliberations). Deliberations are not recorded. The record is the property of the university.
(7) If an accused student, with notice, does not appear before a university conduct board hearing, the information in support of the complaint is presented and considered in his/her absence.
(8) The university conduct board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, and/or by permitting participation by telephone, audio tape, written statement, or other means, where and as determined in the sole judgment of the vice-president for student affairs or designee to be appropriate.
(2) The instructor shall notify the office of student conduct of the violation.
(3) If the violation is a first offense for the student, the office of student conduct sends a warning letter to the student informing him or her that a conduct file has been created. The office of student conduct takes no additional action unless the violation is serious enough to warrant further action or the student denies the allegation(s) and requests a hearing.
(4) If the student has a prior academic integrity violation, the case is handled according to the normal conduct procedures. Hearing officers for academic integrity matters are teaching faculty trained as university conduct board members. Serious or multiple violations which may result in suspension or expulsion are referred to a university conduct board.
(5) A student wishing to appeal a grade assigned by the instructor must follow Academic Regulation 104 in the university catalog. To view the catalog, go to the registrar's office web site at: http://www.registrar.wsu.edu.
(a) Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.
(b) Probation. A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
(c) Loss of privileges. Denial of specified privileges for a designated period of time.
(d) Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
(e) Education. The university may require the student to complete an educational project designed to create an awareness of the student's misconduct.
(f) Community service. Imposition of service hours (not to exceed eighty hours per student or per member of an organization).
(g) Residence hall suspension. Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
(h) Residence hall expulsion. Permanent separation of the student from the residence halls.
(i) University suspension. Separation of the student from the university for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. (More than two violations of the university's alcohol policy may result in a minimum one semester suspension.)
(j) University expulsion. Permanent separation of the student from the university.
(k) Revocation of admission and/or degree. Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or other violation of university standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
(l) Withholding degree. The university may withhold awarding a degree otherwise earned until the completion of the process set forth in this student conduct code (chapter 504-26 WAC), including the completion of all sanctions imposed, if any.
(m) Trespass. A student may be restricted from university property based on his or her misconduct.
(n) Assessment. The student may be required to have an assessment (such as alcohol/drug or anger management) by a certified professional.
(o) Loss of recognition. A student organization's recognition may be withheld permanently or for a specific period of time. A fraternity or sorority may be prohibited from housing freshmen. Loss of recognition is defined as withholding university services or administrative approval from a student organization. Services and approval to be withdrawn include, but are not limited to, intramural sports (although individual members may participate), information technology services, university facility use and rental, campus involvement office organizational activities, and office of Greek life advising.
(p) 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 is released.
(q) No contact order. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.
(2) More than one of the sanctions listed above may be imposed for any single violation.
(3) Other than university expulsion or revocation or withholding of a degree, disciplinary sanctions are not made part of the student's permanent academic record, but shall become part of the student's disciplinary record.
(4) In cases heard by university conduct boards, sanctions are determined by that board. The student conduct officer has the authority to assign sanctions in cases in which the accused student takes responsibility for violations of the standards of conduct for students (chapter 504-26 WAC).
(1) Interim suspension may be imposed only:
(a) In situations involving an immediate danger to the health, safety, or welfare of the university community or public at large;
(b) To ensure the student's own physical safety and well-being; or
(c) If the student poses an on-going threat of disruption of, or interference with, the operations of the university.
(2) During the interim suspension, a student may be denied access to the residence halls, and/or to the campus (including classes), and/or all other university activities or privileges for which the student might otherwise be eligible, as the vice-president for student affairs or designee may determine to be appropriate.
(3) The interim suspension does not replace the regular process, and shall proceed as quickly as feasible in light of the interim suspension.
(2) Except as required to explain the basis of new information, an appeal is limited to a review of the verbatim record of the university conduct board hearing and supporting documents for one or more of the following purposes:
(a) To determine whether the university conduct board hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the standards of conduct for students (chapter 504-26 WAC) were violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures are not a basis for sustaining an appeal unless significant prejudice results.
(b) To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the standards of conduct for students (chapter 504-26 WAC) occurred.
(c) To determine whether the sanction(s) imposed were appropriate for the violation of the standards of conduct for students (chapter 504-26 WAC) which the student was found to have committed.
(d) To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original student conduct board hearing.
(3) 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.
(4) The student or student organization is notified of the appeal board's decision within twenty calendar days from the date of the appeal letter. (If the university is not in session, this period may be reasonably extended.) The university appeal board's decision letter is the final order and shall advise the student or student organization that judicial review may be available.
WAC 504-26-501 Records. (1) Disciplinary records are maintained in accordance with the university's records 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 conduct.
(4) Personally identifiable student information is redacted to protect another student's privacy.
(5) A student may authorize release of his/her own disciplinary record to a third party in compliance with the Family Educational Rights and Privacy Act (FERPA) by making a written request to the office of student conduct.
(6) The university may inform the complainant of the outcome of any disciplinary proceeding involving a crime of violence as defined by FERPA.
(7) The university may not communicate a student's disciplinary record to any person or agency outside the university without the prior written consent of the student, except as required or permitted by law. Exceptions include but are not limited to:
(a) The student's parents or legal guardians may review these records if the student is a minor or a dependent for tax purposes as defined by FERPA.
(b) To another educational institution, upon request, where the student seeks or intends to enroll.
INTERPRETATION AND REVISION
WAC 504-26-601 Interpretations. Any question of interpretation or application of the standards of conduct for students (chapter 504-26 WAC) is referred to the vice-president for student affairs or designee for final determination.