WASHINGTON STATE UNIVERSITY

[Filed September 2, 2020, 9:15 a.m.]

Preproposal statement of inquiry was filed as WSR 20-14-116.

Title of Rule and Other Identifying Information: WAC 504-24-030 Undergraduate housing requirement.

Hearing Location(s): On October 7, 2020, at 4:00 p.m.

Zoom meeting: Join from PC, Mac, Linux, iOS, or Android: https://wsu.zoom.us/j/96518846869?pwd=TjJ6RUNmS1BCUmYrek16VzlLOHB5UT09. Meeting ID: 965 1884 6869. Passcode: 926631; OR join by telephone (long distance): +1 669 900 9128 (Enter the meeting ID and passcode when prompted).

Due to the public health emergency resulting from COVID-19 and guidance/directives from the Washington department of health, no in-person hearing locations are being scheduled for this hearing.

Date of Intended Adoption: November 13, 2020.

Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, fax 509-335-3969, by October 7, 2020.

Assistance for Persons with Disabilities: Joy Faerber, phone 509-335-2005, fax 509-335-3969, email prf.forms@wsu.edu, by October 5, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is updating the rules regarding the undergraduate housing requirement.

Reasons Supporting Proposal: The rule change for WAC 504-24-030 is being implemented as a result of the public health emergency resulting from COVID-19 and guidance/directives from public health officials, and is requested in order to (a) update and clarify procedural guidelines; (b) better allow the institution to respond to emergent student needs and special circumstances; and (c) delegate authority at the appropriate institutional level.

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: Kimberly Holapa, Associate Vice President, External Engagement and Strategic Initiatives, Student Affairs, Lighty Student Services 360P, Pullman, WA 99164-1066, 509-335-2884; Implementation and Enforcement: Mary Jo Gonzales, Vice President, Student Affairs, Lighty Student Services 360G, Pullman, WA 99164-1066, 509-335-2355.

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. The university does not consider these rules to be significant legislative rules.

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(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

Is exempt under RCW 19.85.025.

Explanation of exemptions: The amendment to Washington State University (WSU) undergraduate housing regulation only applies to students at WSU, and therefore does not effect [affect] business or commerce in any way.

Deborah L. Bartlett, Director

Procedures, Records, and Forms

and University Rules Coordinator

AMENDATORY SECTION(Amending WSR 95-07-044, filed 3/8/95, effective 4/8/95)

WAC 504-24-030Undergraduate housing requirement.

(1) University-recognized housing includes residence halls, and university-approved fraternities, sororities, and co-op houses.

(2) Housing requirements for single undergraduate students. To the extent that room is presently available, as determined by the university, in an official university-recognized living group, all single undergraduate freshmen under twenty years of age are required to live in organized living groups which are officially recognized by the university (residence halls, fraternities and sororities) for one academic year.

(a) Exemptions. Exemptions will be considered when a student demonstrates to the ((department of residence life))vice president for student affairs or designee that either:

(i) The student has attended an institution of higher education as a regularly enrolled student for at least two regular semesters or three regular quarters (excluding summer sessions);

(ii) The student is living with immediate family in a family situation (mother and/or father; legal guardian; aunt or uncle; or grandparent(s));

(iii) The student has secured a statement from a physician or psychologist stating that residence in recognized student housing would detrimentally affect the student's physical health or emotional well-being; or

(iv) The student demonstrates that living in recognized University housing would cause undue financial hardship or other extraordinary hardship.

(b) Process. Applications for permission to reside off campus are available from ((the)) Washington State University ((Department of Residence Life, Streit-Perham Office Suite, Pullman, WA 99164-1726)). Applications are reviewed and a determination is made whether an exemption will be granted. Persons applying for such exemption will be informed of the decision in writing. Requests for reconsideration of the decision may be submitted to the vice ((provost))president for student affairs or designee. The vice ((provost))president or ((his/her)) designee will evaluate the appeal and approve or deny the appeal.