WSR 20-09-105
PERMANENT RULES
UNIVERSITY OF WASHINGTON
[Filed April 16, 2020, 1:21 p.m., effective May 17, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The University of Washington is updating WAC 478-121-135, student conduct code for the University of Washington, Hazing, and WAC 478-124-037, general conduct code for the University of Washington, conduct on campus code—Hazing to bring these two sections into alignment and to provide relevant examples of behaviors of hazing.
Citation of Rules Affected by this Order: Amending WAC 478-121-135 and 478-124-037.
Adopted under notice filed as WSR 20-03-167 on January 21, 2020.
Changes Other than Editing from Proposed to Adopted Version: There were some minor edits made to provide additional clarity. No substantial changes.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 9, 2020.
Barbara Lechtanski
Director of 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 or remain 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:
(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 or remain 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 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.