UNIVERSITY OF WASHINGTON

[Filed January 21, 2020, 3:29 p.m.]

Preproposal statement of inquiry was filed as WSR 18-24-009.

Title of Rule and Other Identifying Information: WAC 478-121-135, student conduct code for the University of Washington, Hazing, and 478-124-037, general conduct code for the University of Washington, conduct on campus code—Hazing.

Hearing Location(s): On March 2, 2020, at 10:00 - 11:00 a.m., at the University of Washington, Gerberding Hall Room 142, Seattle, WA 98105.

Date of Intended Adoption: April 9, 2020.

Submit Written Comments to: Barbara Lechtanski, University Policy and Rules Office, Box 351210, Seattle, WA 98195-1210, email rules@uw.edu, by March 2, 2020, end of business.

Assistance for Persons with Disabilities: Contact disability services office, phone 206-543-6450, fax 206-685-7264, TTY 206-543-6452, email dso@uw.edu, by February 24, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments intend to bring the two WAC sections into alignment with each other to clarify the process by which a person could be held accountable for a violation. Additionally, this will provide an opportunity to update the examples given in each WAC to reflect current best practices around hazing prevention.

Reasons Supporting Proposal: The two WAC sections need to be aligned and the university needs to update each WAC in order to be clear and updated in best practices.

Statutory Authority for Adoption: RCW 28B.20.130 and 28B.10.900 through 28B.10.903.

Statute Being Implemented: RCW 28B.10.900 through 28B.10.903.

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

Name of Proponent: University of Washington, governmental.

Name of Agency Personnel Responsible for Drafting: Elizabeth Lewis, Director for Community Standards and Student Conduct, Schmitz Hall, Room 447, Seattle, Washington, 206-685-6194; Implementation: Glenna Chang, Associate Vice President for Student Life, Gerberding Hall, Seattle, Washington, 206-543-4630; and Enforcement: Denzil Suite, Vice President for Student Life, Gerberding Hall, Seattle, Washington, 206-543-4972.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the university, and the university has not voluntarily decided to apply it.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rule has no impact on small businesses. The proposed rule only impacts students and student organizations at the University of Washington.

Director of the University

Policy and Rules Office

AMENDATORY SECTION(Amending WSR 17-15-068, filed 7/14/17, effective 8/18/17)

WAC 478-121-135Hazing.

All student organizations and living groups are prohibited from hazing.

(1) Hazing includes ((any method of)):

(a) Conduct associated with initiation or admission 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))psychological or emotional harm((,)) to any student or other person. ((Hazing activities may))This conduct includes, but ((are))is not limited to((, encouraging or promoting the abuse of alcohol)):

(i) Humiliation by ritual act;

(ii) Striking another person whether by use of any object or any part of one's body;

(iii) Causing someone to experience excessive fatigue or physical and/or psychological shock; ((or))

(iv) Causing someone to engage in degrading or humiliating games or activities that create a risk of serious ((mental))psychological, emotional, and/or physical harm((.)); or

(v) Encouraging or promoting the unlawful possession, forced or coerced use, or competitive or ritualistic consumption of alcohol, drugs or other substances.

(b) Hazing also includes conduct that is not a violation of (a) of this subsection and is associated with initiation or admission into a student organization or living group, or any pastime or amusement engaged in with respect to a student organization or living group such as:

(i) Subtle hazing: Activities or situations created that emphasize a direct or indirect power imbalance between members. This includes, but is not limited to, physical or mental manipulation, or causing someone to believe that they may be required to participate in degrading or humiliating games or activities that create psychological, emotional, or physical harm;

(ii) Harassment hazing: Activities that cause confusion, frustration, or physical discomfort that are directly or indirectly required, in order to become a member of the student organization or living group. This includes, but is not limited to, sleep deprivation, verbal abuse, or being expected to harass others; or

(iii) Interference hazing: Activities that do not allow reasonably adequate time for study or that otherwise unreasonably interferes with academic obligations.

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

(3) Consent ((of a victim or victims)) is not a defense to ((an allegation of)) hazing.

(4) Any student organization or living group that knowingly permits hazing as defined in subsection (1)(a) of this section shall be deprived of official recognition, approval, or registration granted by the university.

Any student organization or living group that knowingly permits hazing as defined in subsection (1)(b) of this section shall either be deprived of official recognition, approval, or registration or be placed on disciplinary probation for a period specified by the university.

(5) Students found responsible for violations of this section shall forfeit any entitlement to state funded grants, scholarships, or awards for a specified period of time determined by the university.

AMENDATORY SECTION(Amending WSR 96-10-051, filed 4/29/96, effective 5/30/96)

WAC 478-124-037Conduct on campus code—Hazing.

All ((university))student organizations((, associations and student))and living groups are prohibited from hazing.

(1) Hazing includes:

(a) ((Any method of))Conduct associated with initiation or admission 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))psychological or emotional harm to any student or other person ((attending the university; and)). This conduct includes, but is not limited to:

(i) Humiliation by ritual act;

(ii) Striking another person whether by use of any object or any part of one's body;

(iii) Causing someone to experience fatigue or physical and/or psychological shock;

(iv) Causing someone to engage in degrading or humiliating games or activities that create a risk of serious psychological, emotional, and/or physical harm; or

(v) Encouraging or promoting the unlawful possession, forced or coerced use, or competitive or ritualistic consumption of alcohol, drugs, or other substances.

(b) Hazing also includes conduct that is not a violation of (a) of this subsection associated with initiation or admission into a student organization or living group, or any pastime or amusement engaged in with respect to ((an))a student organization or living group ((not amounting to a violation of (a) of this subsection, but including such conduct as humiliation by ritual act and sleep deprivation))such as:

(iii) Interference hazing: Activities that do not allow reasonably adequate time for study or that otherwise unreasonably interferes with academic obligations.

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

(3) Consent is ((no))not a defense to hazing. ((Hazing does not include customary athletic events or other similar contests or competition.

(2)))(4) Any ((university))student organization((, association)) or student living group that knowingly permits hazing as defined in subsection (1)(a) of this section shall be deprived of official recognition ((or)), approval, or registration granted by the university. Any ((university))student organization((, association or student))or living group that knowingly permits hazing as defined in subsection (1)(b) of this section shall either be deprived of official recognition, approval, or registration or be placed on disciplinary probation for a period specified by the university.

(5) Students found responsible for violations of WAC 478-121-135 shall forfeit any entitlement to state funded grants, scholarships, or awards for a specified period of time determined by the university.