WSR 20-07-075
PERMANENT RULES
WASHINGTON STATE UNIVERSITY
[Filed March 16, 2020, 9:31 a.m., effective April 16, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The university is modifying, clarifying, and updating the university's standards of conduct for students, chapter 504-26 WAC.
The proposed amendments decrease the number of student conduct board members from five to three and remove the option for storage of student firearms at the Washington State University (WSU) police department.
The rules regarding the composition of a conduct board are updated because the amount of time required for WSU to schedule and complete student conduct hearings with five conduct board members presents potential Title IX (of the Civil Rights Act) compliance concerns and may negatively impact both reporting and responding students awaiting a conduct hearing. Therefore, WSU proposes changes to WAC 504-26-110 to reduce the number of conduct board members required to hear a case. These changes will reduce the difficulty in scheduling cases for a hearing, reduce waiting times, and reduce the risk of noncompliance with Title IX's timely resolution requirements, while also promoting the well-being of reporting and responding students awaiting a conduct board hearing.
WSU's student conduct code regarding firearms is updated to reflect the discontinuation of student firearm storage by the WSU police department. Recent amendments to RCW
9.41.345 made the university's firearms storage program unfeasible and thus the university discontinued the program. Accordingly, WAC 504-26-213 must be amended to reflect this change in university policy.
Citation of Rules Affected by this Order: Amending WAC 504-04-110 and 504-26-213.
Adopted under notice filed as WSR 20-02-107 on January 2, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: March 16, 2020.
Deborah L. Bartlett, Director
Procedures, Records, and Forms
and University Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-23-083, filed 11/19/18, effective 12/20/18)
WAC 504-26-110Composition of conduct board.
A conduct board must consist of ((five))three members. A quorum of ((five))three is needed to hear a matter. The presiding officer is not a member of the conduct board and therefore is not considered for purposes of determining whether there is a quorum. A ((majority of))minimum of one conduct board member((s)) hearing a matter must be an enrolled WSU student((s)) (undergraduate, graduate, or professional) and may be full-time or part-time. The remaining members may be students, or full-time or part-time faculty or staff of any rank or classification. When the complainant or respondent is enrolled at a particular campus, at least one member of the conduct board must be from that campus. No conduct board member may serve on a case if the member previously served on a board in a case involving the same complainant or respondent.
AMENDATORY SECTION(Amending WSR 18-23-083, filed 11/19/18, effective 12/20/18)
WAC 504-26-213Firearms and dangerous weapons.
No student may carry, possess, or use any firearm, explosive (including fireworks), dangerous chemical, or any dangerous weapon on university premises 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 on campus for hunting or sporting activities must store the firearm with the Washington State University department of public safety.))