WSR 06-18-087

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed September 5, 2006, 2:38 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-14-087.

Title of Rule and Other Identifying Information: Repeal of chapter 504-25 WAC, Standards of conduct for students and new chapter 504-26 WAC, Standards of conduct for students.

Hearing Location(s): Washington State University, Lighty Room 405, Pullman, Washington, on October 17, 2006, at 3:45 p.m. - 5:00 p.m.

Date of Intended Adoption: November 17, 2006.

Submit Written Comments to: Ralph T. Jenks, Director, Procedures Records and Forms and University Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by October 17, 2006.

Assistance for Persons with Disabilities: Contact Linda Nelson, (509) 335-3928, by October 10, 2006.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules for standards of conduct for students are being updated and clarified.

Reasons Supporting Proposal: To update WSU's current code in conformance with national standards.

Statutory Authority for Adoption: RCW 28B.30.150.

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

Name of Proponent: Washington State University, public.

Name of Agency Personnel Responsible for Drafting: Elaine Voss, Director, Student Conduct, (509) 335-4532; Implementation and Enforcement: Alton Jamison, Vice-President, Student Affairs, (509) 335-4531.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

September 1, 2006

Ralph T. Jenks, Director

Procedures Records and Forms and

University Rules Coordinator

OTS-9181.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed: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 504-25-020 Discrimination.
WAC 504-25-025 Sexual offenses.
WAC 504-25-030 Physical abuse or threatened physical abuse.
WAC 504-25-035 Hazing is prohibited.
WAC 504-25-040 Harassment.
WAC 504-25-041 Malicious harassment.
WAC 504-25-042 Stalking.
WAC 504-25-043 Abuse of self or others.
WAC 504-25-045 Reckless endangerment.
WAC 504-25-050 Alcohol.
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 504-25-090 Disruption.
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 504-25-221 Complaint.
WAC 504-25-222 Preliminary conference.
WAC 504-25-223 Notice.
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 504-25-230 Sanctions.
WAC 504-25-245 Records.
WAC 504-25-300 Introduction.
WAC 504-25-305 Overview of academic integrity procedures.
WAC 504-25-310 Definitions.
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 504-25-355 Sanctions.
WAC 504-25-360 Appeals.
WAC 504-25-365 Finding of no responsibility.
WAC 504-25-370 Other interventions.
WAC 504-25-375 Records.

OTS-9182.2

Chapter 504-26 WAC

STANDARDS OF CONDUCT FOR STUDENTS


NEW SECTION
WAC 504-26-001   Preamble.   Washington State University, a community dedicated to the advancement of knowledge, expects all students to behave in a manner consistent with its high standards of scholarship and conduct. Students are expected to uphold these standards both on and off campus and acknowledge the university's authority to take disciplinary action. The purpose of these standards and processes is to educate students and protect the welfare of the community.

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NEW SECTION
WAC 504-26-010   Definitions.   (1) The term "accused student" means any student accused of violating the standards of conduct for students (this chapter).

(2) The term "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 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 for the purpose of gaining an unfair advantage specifically prohibited by a faculty member in the course syllabus or class discussion.

(f) Research misconduct. Falsification, fabrication, plagiarism, or other forms of dishonesty in scientific and scholarly research are prohibited. Complaints and inquiries involving cases of research misconduct are managed according to WSU's policy for responding to allegations of scientific misconduct. A finding of research misconduct is subject to sanctions by the office of student conduct. The policy for responding to allegations of scientific misconduct may be reviewed by contacting the vice-provost for research.

(4) The term "complainant" means any person who submits a charge alleging that a student violated the standards of conduct for students.

(5) The term "faculty member" for purposes of this chapter, means any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.

(6) The term "gender identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to the person at birth.

(7) The term "may" is used in the permissive sense.

(8) The term "member of the university community" includes any person who is a student, faculty member, university official, 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.

(9) The term "organization" means any number of persons who have complied with the formal requirements for university recognition.

(10) 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.

(11) 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.

(12) The term "shall" is used in the imperative sense.

(13) The term "student" includes all persons taking courses at the university, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the standards of conduct for students, who are not officially enrolled for a particular term but who have a continuing relationship with the university (including suspended students) or who have been notified of their acceptance for admission are considered "students" as are persons who are living in university residence halls, although not enrolled in this institution.

(14) The term "student conduct officer" means a university official authorized by the vice-president for student affairs to manage conduct complaints including the imposition of sanctions upon any student(s) found to have violated the standards of conduct for students.

(15) The term "university" means all locations of Washington State University.

(16) The term "university conduct board" means those persons who, collectively, have been authorized by the vice-president for student affairs to determine whether a student has violated the standards of conduct for students and to impose sanctions when a rules violation has been committed.

(17) The term "university official" includes any person employed by the university, performing assigned administrative or professional responsibilities.

(18) The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks).

(19) The vice-president for student affairs is that person designated by the university president to be responsible for the administration of the standards of conduct for students.

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ARTICLE I

AUTHORITY FOR STANDARDS OF CONDUCT FOR STUDENTS
NEW SECTION
WAC 504-26-100   Composition of conduct and appellate boards.   (1) The university conduct board shall be composed of five individuals appointed by the vice-president for student affairs: Two students, two faculty members, and a fifth person, who may be any category of university employee and who shall be named by the vice-president for student affairs as the chairperson of the board.

Any three persons constitute a quorum of a conduct board and may act, provided that at least one student and the chairperson are present.

(2) The appeals board shall be composed of three university employees appointed by the vice-president for student affairs. Three persons constitute a quorum of the appeals board.

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NEW SECTION
WAC 504-26-101   Convening boards.   The student conduct officer convenes boards for each conduct matter and for appeals of decisions.

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NEW SECTION
WAC 504-26-102   Policies.   The vice-president for student affairs or designee shall develop policies for the administration of the student conduct system and procedural rules for the conduct of student conduct board hearings that are consistent with provisions of the standards of conduct for students.

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NEW SECTION
WAC 504-26-103   Decisions.   Decisions made by a student conduct board and/or student conduct officer become final twenty-one days after the date the decision is signed, unless an appeal is filed prior to that date.

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ARTICLE II

PROSCRIBED CONDUCT
NEW SECTION
WAC 504-26-200   Jurisdiction of the university standards of conduct for students.   The university standards of conduct for students 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.

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NEW SECTION
WAC 504-26-201   Misconduct -- Rules and regulations.   Any individual or organization found to have committed or to have attempted to commit the following misconduct (WAC 504-26-202 through 504-26-226) is subject to the disciplinary sanctions outlined in WAC 504-26-405.

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NEW SECTION
WAC 504-26-202   Acts of dishonesty.   Acts of dishonesty, include but are not limited to the following:

(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; and

(e) 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.

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NEW SECTION
WAC 504-26-203   Disruption or obstruction.   Students have the right to freedom of speech, including the right to dissent or protest, but this expression may not interfere with the rights of others or disrupt the university's activities. Prohibited behavior includes: Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other university activities, including its public service functions on or off campus, or of other authorized nonuniversity activities when the conduct occurs on university premises.

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NEW SECTION
WAC 504-26-204   Abuse of self or others.   Physical abuse, threats, intimidation, and/or other conduct which threatens or endangers the health or safety of any person, including one's self.

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NEW SECTION
WAC 504-26-205   Theft or damage to property.   Theft of and/or the intentional or reckless damage to the property of another.

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NEW SECTION
WAC 504-26-206   Hazing.   (1) No student or student organization at Washington State University may conspire to engage in hazing or participate in hazing of another.

(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.

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NEW SECTION
WAC 504-26-207   Failure to comply with university officials or law enforcement officers.   Failure to comply with directions of university officials and/or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

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NEW SECTION
WAC 504-26-208   Unauthorized keys or unauthorized entry.   Unauthorized possession, duplication, or use of keys to any university premises or unauthorized entry to or use of university premises.

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NEW SECTION
WAC 504-26-209   Violation of university policy, rule, or regulation.   Violation of any university policy, rule, or regulation published in hard copy or available electronically on the university web site.

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NEW SECTION
WAC 504-26-210   Violation of law.   Violation of any federal, state, or local law.

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NEW SECTION
WAC 504-26-211   Drugs and drug paraphernalia.   Use, possession, manufacture, or distribution of marijuana, narcotics, or other controlled substances, and drug paraphernalia except as permitted by federal, state, and local law.

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NEW SECTION
WAC 504-26-212   Alcohol.   Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by university regulations), or public intoxication are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one years of age.

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NEW SECTION
WAC 504-26-213   Firearms and dangerous weapons.   No student may carry, possess, or use any firearm, explosive (including fireworks), dangerous chemical, or any dangerous weapon on university property or in university-approved housing. Airsoft guns and other items that shoot projectiles are not permitted in university-approved housing. Students wishing to maintain a firearm for hunting or sporting activities must store the firearm with the Washington State University department of public safety.

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NEW SECTION
WAC 504-26-214   Disruptive activity.   Participating in an on-campus or off-campus riot or unlawful assembly that disrupts the normal operations of the university and/or infringes on the rights of other members of the university community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area. For peaceful demonstrations, students should consult with university police for safety guidelines.

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NEW SECTION
WAC 504-26-215   Obstruction.   Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored or supervised functions.

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NEW SECTION
WAC 504-26-216   Disorderly conduct.   Conduct that is disorderly, lewd, or indecent; disturbing the peace; or assisting or encouraging another person to disturb the peace on university premises or at functions sponsored by, or participated in by, the university or members of the academic community.

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NEW SECTION
WAC 504-26-217   Unauthorized use of electronic or other devices.   Unauthorized use of electronic or other devices: Making an audio or video record of any person while on university premises without his or her prior knowledge, or without his or her effective consent when such a recording is of a private conversation or of images taken of a person(s) at a time and place where she or he would reasonably expect privacy and where such images are 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, but does not include taking pictures of persons in areas which are considered by the reasonable person to be open to public view, such as Martin Stadium or the Glenn Terrell Mall.

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NEW SECTION
WAC 504-26-218   Computer abuses or theft.   Theft or other abuse of computer facilities and resources, including but not limited to:

(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 http://www.wsu.edu/~forms/HTML/EPM/EP4_Electronic_Publishing_Policy.htm

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NEW SECTION
WAC 504-26-219   Abuse of the student conduct system.   Abuse of the student conduct system, including but not limited to:

(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 participation 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, and/or after a student conduct code proceeding.

(8) Failure to comply with the sanction(s) imposed under the standards of conduct for students.

(9) Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

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NEW SECTION
WAC 504-26-220   Discrimination.   Discrimination on the basis of race, national or ethnic origin, creed, age, sex, marital status, veteran's status, sexual orientation, gender identity, or disability is prohibited in conformity with federal and state laws.

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NEW SECTION
WAC 504-26-221   Sexual misconduct.   (1) Sexual misconduct is any sexual activity with another that is unwanted and nonconsensual. Sexual misconduct includes physical contact as well as voyeurism.

(2) Consent to sexual activity requires that, at the time of the act, there are actual words or conduct demonstrating freely given agreement to sexual activity-silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:

(a) Force or blackmail is threatened or used to procure compliance with the sexual activity; or

(b) The person is unconscious or physically unable to communicate his or her unwillingness to engage in sexual activity; or

(c) The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the influence of alcohol or another substance, or some other cause.

(3) A person commits 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.

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NEW SECTION
WAC 504-26-222   Harassment.   Conduct by any means that is severe, pervasive, or persistent, and is of such a nature that it would cause a reasonable person in the victim's position substantial emotional distress and undermine his or her ability to work, study, or participate in the activities of the university, and actually does cause the victim substantial emotional distress and undermines the victim's ability to work, study, or participate in the activities of the university.

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NEW SECTION
WAC 504-26-223   Stalking.   Intentionally and repeatedly harassing or following a person and intentionally or unintentionally placing the person being followed or harassed in fear of physical harm to one's self or property or physical harm to another person or another's property.

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NEW SECTION
WAC 504-26-224   Reckless endangerment.   Engaging in conduct that creates an unreasonable risk of harm to another person or property.

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NEW SECTION
WAC 504-26-225   Trespassing.   Knowingly entering or remaining unlawfully in or on university premises or any portion thereof. Any person who has been given written notice by a university official of the university's decision to exclude him or her from all or a portion of university property is not licensed, invited, or otherwise privileged to enter or remain on the identified portion of university property, unless given explicit written permission by university administration.

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NEW SECTION
WAC 504-26-226   Violation of a disciplinary sanction.   Violation of any term or condition of any disciplinary sanction constitutes a new violation and may subject the student to additional sanctions.

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ARTICLE III

RULES AND REGULATIONS
NEW SECTION
WAC 504-26-301   Malicious intent.   If a student is found to have violated any provision of this code as a result of causing injury to another or to another's property, or as a result of placing another in reasonable fear of injury to self or property, and if the accused intentionally selected the victim based upon the accused's perception of the victim's race, color, religion, ancestry, national or ethnic origin, gender, sexual orientation, gender identity, or mental, physical, sensory handicap, or veteran status, such finding is considered an aggravating factor in determining a sanction for such conduct.

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NEW SECTION
WAC 504-26-302   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 recognized university organization.

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NEW SECTION
WAC 504-26-303   Students studying abroad.   Students who participate in any university-sponsored or sanctioned foreign country study program shall observe the following rules and regulations:

(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.

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NEW SECTION
WAC 504-26-304   Group conduct.   Sororities, fraternities, and recognized groups are expected to comply with the standards of conduct for students and with university policies. When a member or members of a student organization violates the standards of conduct for students, the student organization or individual members may be subject to appropriate sanctions authorized by these standards.

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NEW SECTION
WAC 504-26-305   Violation of law and university discipline.   (1) University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the standards of conduct for students (that is, if both possible violations result from the same factual situation) without regard to pending civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under these standards may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the vice-president for student affairs or designee. Determinations made or sanctions imposed under these standards are not subject to change because criminal charges arising out of the same facts giving rise to violation of university rules were dismissed, reduced, or resolved in favor of the criminal law defendant. A student charged with criminal offenses may choose to remain silent during conduct proceedings, recognizing that he or she gives up the opportunity to explain his or her version of events and that the decision is made based on the information presented at the hearing.

(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, 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.

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ARTICLE IV

STUDENT CONDUCT CODE PROCEDURES
NEW SECTION
WAC 504-26-401   Complaints and student conduct process.   (1) Any member of the university community may file a complaint against a student for violations of the standards of conduct for students. A complaint is prepared in writing and directed to a student conduct officer. Any complaint is to be submitted as soon as possible after the event takes place, preferably within thirty days.

(2) A student conduct officer, or designee, may review and investigate any complaint to determine whether it appears to state a violation of the code of conduct. If a conduct officer determines that a complaint appears to state a violation of the student code of conduct, she or he considers whether the matter might be resolved through agreement with the accused or through alternative dispute resolution proceedings involving the complainant and the accused. The complainant and the accused are informed of university options for alternative dispute resolution and may request that the matter be addressed using alternative dispute resolution techniques. Generally, the accused and complainant must agree to the use of alternative dispute resolution techniques. If the accused and the student conduct officer reach an agreed resolution of the complaint, the disposition is final; there is no right to appeal from an agreed disposition.

(3) If the conduct officer has determined that a complaint has merit and if the matter is not resolved through agreement or alternative dispute resolution, the matter is handled through either a conduct officer hearing or as a conduct board hearing.

(a) When the allegation involves a student/university community complainant and the accused disputes the facts and/or denies responsibility, the matter is referred to the university conduct board.

(b) If the possible or recommended sanction is expulsion or suspension, except for suspensions resulting from violations of the alcohol or drug provisions of this code, the matter is referred to the university conduct board.

(c) Matters other than those listed in (a) and (b) of this subsection are heard by a conduct officer, unless the conduct officer exercises his or her discretion to refer 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 conduct officer and such decision is not subject to appeal.

(4) The student conduct officer provides complainants who have been targets of alleged misconduct or who feel victimized thereby with names of WSU and community advocates or resources who may be able to help the complainant address his or her concerns about the behaviors and provide support to the complainant throughout the conduct process. Due to federal privacy law, the university may not disclose to the complainant any sanctions taken against the accused student, unless the complainant was the victim of a violent crime for which the accused was found responsible as defined under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 CFR Part 99), or the accused student consents to such disclosure.

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NEW SECTION
WAC 504-26-402   Conduct officer actions.   (1) Any student charged by a conduct officer with a violation of any provision of standards of conduct for students is informed of the bases for those charges and of the time, date, and place of a conference between the student and the conduct officer.

(a) The conduct officer provides notice by personal delivery or by regular United States mail addressed to the student or student organization at his, her, or its last known address. Duplicate notice may be provided by electronic mail.

(b) If the student is no longer enrolled at the time notice is sent, the notice is sent to the student's permanent address recorded in the registrar's files. The student or student organization is responsible for maintaining an updated mailing address on file with the registrar.

(c) Any request to continue the conduct officer conference/hearing should be addressed to the conduct officer.

(2) In order that any informality in disciplinary proceedings not mislead a student as to the seriousness of the matter under consideration, the student is informed of the potential sanctions involved at the initial conference or hearing.

(3) After a review of the evidence and interviewing the student(s) involved in the case, the conduct officer may take any of the following actions:

(a) Terminate the proceeding exonerating the student or students;

(b) Dismiss the case;

(c) Impose verbal warning to the student directly, not subject to the student's right of appeal as provided in this code;

(d) Impose additional sanctions of reprimand, probation, or, for violations of alcohol or drug policies, suspension. Such sanctions are subject to the student's right of appeal as provided in this code; or

(e) Refer the matter to the student conduct board pursuant to WAC 504-26-401(3).

(4) The student is notified in writing of the determination made by the conduct officer within ten business days of the proceeding. The student is also notified of his or her right to appeal pursuant to WAC 504-26-407.

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NEW SECTION
WAC 504-26-403   Conduct board proceedings.   (1) Any student charged by a conduct officer with a violation of any provision of standards of conduct for students that is to be heard by a conduct board is provided notice by personal delivery or by regular United States mail addressed to the student or student organization at her, his, or its last known address.

(a) If the student is no longer enrolled at the time notice is sent, the notice is sent to the student's permanent address recorded in the registrar's files.

(b) The student or student organization is responsible for keeping an updated mailing address on file with the registrar.

(2) The written notice shall be completed by the conduct officer and shall include:

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

(b) The approximate time and place of the alleged act that forms the factual basis for the charge of violation;

(c) The time, date, and place of the hearing;

(d) A list of the witnesses who may be called to testify, to the extent known;

(e) A description of all documentary and real evidence to be used at the hearing, to the extent known, including a statement that the student shall have the right to inspect his or her student conduct file.

(3) Time for hearings.

(a) The conduct board hearing is scheduled not less than seven days after the student has been sent notice of the hearing, except in the case of interim suspensions as set forth in WAC 504-26-406. Ordinarily, the hearing occurs within fifteen days of notice.

(b) Requests to continue the hearing date must be addressed to the chair of the university conduct board. Requests made by an accused student must be copied to the office of student conduct; requests made by the office of student conduct must be copied to the accused student. A continuance is granted only upon a showing of good cause.

(4) University conduct board hearings are conducted by a university conduct board according to the following guidelines, except as provided by subsection (6) of this section:

(a) Procedures:

(i) University conduct board hearings are conducted in private.

(ii) The complainant, accused student, and his or her advisor, if any, are allowed to attend the entire portion of the university conduct board hearing at which information is received (excluding deliberations). Admission of any other person to the university conduct board hearing is at the discretion of the university conduct board chair and/or the student conduct officer.

(iii) In university conduct board hearings involving more than one accused student, the student conduct officer, at his or her discretion, may permit joint or separate hearings.

(iv) In university conduct board hearings involving graduate students, board memberships are comprised to include graduate students and graduate teaching faculty to the extent possible.

(v) The complainant 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 to the conduct officer at least two weekdays prior to the hearing. Witnesses identified by the accused student must provide written statements to the conduct officer at least two weekdays prior to the conduct hearing. The accused student is responsible for informing his or her witnesses of the time and place of the hearing. Witnesses provide information to and answer questions from the university conduct board. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. Written questions are directed to the conduct board chair, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an unduly adversarial environment, and to allow the board chair to determine the relevancy of questions. Questions concerning whether potential information may be received are resolved at the discretion of the chair of the university conduct board.

(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 chair.

(viii) Questions related to the order of the proceedings are subject to the final decision of the chair 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 as charged.

(x) The university conduct board's determination is made on the basis of a "preponderance of the evidence," that is, whether it is more likely than not that the accused student violated the standards of conduct for students.

(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. Evidence, including hearsay, is admissible if it is the type of evidence that reasonable members of the university community would rely upon in the conduct of their affairs. Additionally, rules of privilege and relevancy apply.

(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. The student or organization shall receive written notice of the decision, the reasons for the decision (both the factual basis therefore and the conclusions as to how those facts apply to the conduct code), the sanction, notice that the order will become final unless internal appeal is filed within twenty-one days of the date the letter was personally delivered or deposited in the U.S. mail, and a statement of how to file an appeal.

(i) The conduct board's written decision is sent by regular mail or personal delivery, and may also be sent by electronic mail to the student's or the president of the student organization's last known address, as recorded in the registrar's files.

(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.

(5) 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.

(6) If an accused student who has been provided notice of the hearing does not appear before a university conduct board hearing, the information in support of the complaint is presented and considered in his or her absence, and the board may issue a decision based upon that information.

(7) The university conduct board may 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, as determined in the sole judgment of the vice-president for student affairs or designee to be appropriate.

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NEW SECTION
WAC 504-26-404   Procedure for academic integrity violations.   (1) When a responsible instructor finds that a violation of academic integrity has occurred, the instructor assembles the evidence and assigns a grade, or takes other appropriate action, considering the academic nature of the violation.

(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.

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NEW SECTION
WAC 504-26-405   Sanctions.   (1) The following sanctions may be imposed upon any student found to have violated the standards of conduct for students:

(a) Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.

(b) Probation. Formal action placing conditions upon the student's continued attendance at the university. Probation is for a designated period of time and warns the student that suspension or expulsion may be imposed if the student is found to violate any institutional regulation(s) or fails to complete his or her conditions of probation during the probationary period. A student on probation is not eligible to run for or hold an office in any student group or organization; she or he is not eligible for certain jobs on campus, including but not limited to resident advisor or orientation counselor, and she or he is not eligible to serve on the university conduct board.

(c) Loss of privileges. Denial of specified privileges for a designated period of time.

(d) Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

(e) Education. The university may require the student to 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 and drug 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, 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) 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.

(o) 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.

(p) 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 conduct officer hearings or cases in which the accused student takes responsibility for violations of the standards of conduct for students.

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NEW SECTION
WAC 504-26-406   Interim suspension.   In certain circumstances, the vice-president for student affairs, or a designee, may impose a university suspension prior to the university conduct board hearing.

(1) Interim suspension may be imposed only in situations involving an immediate danger to the health, safety or welfare of:

(a) Any part of the university community or public at large; or

(b) The student's own physical safety and well-being.

(2) Conduct that creates an ongoing disruption of, or interference with, the operations of the university and that prevents other students, employees, or invitees from members of the university community from completing their duties as employees or students, is conduct harmful to the welfare of members of the university community.

(3) During the interim suspension, a student may be denied access to the residence halls, and/or to the campus (including classes), and/or all other university activities or privileges for which the student might otherwise be eligible, as the vice-president for student affairs or designee may determine to be appropriate.

(4) The vice-president for student affairs or designee ordering an interim suspension prepares a brief written decision containing the reasons for the decision (both the factual basis and the conclusions as to why those facts constitute a violation of the student code of conduct), and the policy reasons for the interim suspension. The vice-president of student affairs or designee sends copies of the decision by personal delivery or by U.S. mail to all persons or offices bound by it (including, at a minimum, the suspended student and the office of student conduct).

(5) The interim suspension does not replace the regular hearing process, which shall proceed to hearing as quickly as feasible, ordinarily within five working days where the accused student has not consented to a longer time frame.

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NEW SECTION
WAC 504-26-407   Review of decision.   (1) A decision reached by the university conduct board or a sanction imposed by the student conduct officer may be appealed by the accused student(s) to an appellate board within twenty-one days of the date of the decision letter.

(a) The university president or designee, of his or her own initiative, may direct that an appeals board be convened to review a conduct board decision without notice to the parties. However, the appeals board may not take any action less favorable to the accused student(s), unless notice and an opportunity to explain the matter is first given to the accused student(s).

(b) The accused and the office of student conduct may explain their views of the matter to the appeals board in writing.

(c) The appeals board shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal adjudicative hearing under the Administrative Procedure Act (chapter 34.05 RCW).

(2) Except as required to explain the basis of new information, an appeal is limited to a review of the verbatim record of the university conduct board hearing and 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 were violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures are not a basis for sustaining an appeal unless significant prejudice results.

(b) To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the standards of conduct for students occurred.

(c) To determine whether the sanction(s) imposed were appropriate for the violation of the standards of conduct for students which the student was found to have committed.

(d) To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original student conduct board hearing.

(3) The university appeals board shall review the record and any briefing filed by the parties and make one of the following determinations:

(a) Affirm, reverse or modify the conduct board's decision;

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

(4) The appeal board's decision is entered within twenty calendar days from the date of the appeal letter. By the close of the next business day following entry of the order, the decision is provided to the accused student(s) by personal delivery or deposited into the United States mail addressed to the last known address of the accused student(s). It is the student's responsibility to maintain a correct and updated address with the registrar. 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.

(5) The appeals board decision is effective as soon as the order is signed. A petition to delay the date that the order becomes effective (a "petition for stay") may be directed to the chair of the appeals board within ten days of the date the order was delivered to the student or placed in the U.S. mail. The chair shall have authority to decide whether to grant or deny the request.

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ARTICLE V

RECORDS
NEW SECTION
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 or her own disciplinary record to a third party in compliance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 CFR Part 99) 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 (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

(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 (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

(b) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

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ARTICLE VI

INTERPRETATION AND REVISION
NEW SECTION
WAC 504-26-601   Interpretations.   Any question of interpretation or application of the standards of conduct for students is referred to the vice-president for student affairs or designee for final determination.

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NEW SECTION
WAC 504-26-602   Periodic review.   The standards of conduct for students are reviewed every three years under the direction of the student conduct officer.

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Washington State Code Reviser's Office