EASTERN WASHINGTON UNIVERSITY

[Filed October 29, 2020, 12:54 p.m.]

Preproposal statement of inquiry was filed as WSR 20-18-033.

Title of Rule and Other Identifying Information: WAC 172-108-050, adjudicative proceedings.

Hearing Location(s): On December 8, 2020, at 9:00 a.m., at Eastern Washington University, Main Campus, 526 5th Street, Cheney, WA 99004. This will be a virtual meeting via Zoom. The link to participate in the Zoom meeting is https://ewu.zoom.us/j/91923365877.

Date of Intended Adoption: December 11, 2020.

Submit Written Comments to: Annika Scharosch, Eastern Washington University, Main Campus, 526 5th Street, 211 Tawanka Hall, Cheney, WA 99004, email ascharosch@ewu.edu, fax 509-359-6724, by December 8, 2020.

Assistance for Persons with Disabilities: Contact Annika Scharosch, phone 509-359-6724, fax 509-359-2874, email ascharosch@ewu.edu, by December 8, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates are being made to reflect that Title IX employment hearings are considered a type of formal adjudicative proceeding due to changes in federal Title IX regulations. The list of what decisions may be challenged in a brief adjudicative proceeding. Contact information has also been updated.

Reasons Supporting Proposal: Required by federal Title IX regulations.

Statutory Authority for Adoption: RCW 28B.35.120(12).

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

Name of Proponent: Eastern Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 211 Tawanka Hall, 509-359-7496; Implementation and Enforcement: Dr. David May, 214 Showalter Hall, 509-359-6362.

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. Pursuant to RCW 34.[0]5.328 (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.

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).

Policy and Compliance Manager

AMENDATORY SECTION(Amending WSR 17-11-051, filed 5/15/17, effective 6/15/17)

WAC 172-108-040Formal adjudicative proceedings.

(1) Eastern Washington University utilizes a formal adjudicative proceeding for certain student conduct proceedings as identified in chapter 172-121 WAC and certain academic integrity code proceedings as identified in chapter 172-90 WAC. The procedural rules for these formal adjudicative proceedings are contained in the Student conduct code, chapter 172-121 WAC, and the academic integrity code, chapter 172-90 WAC. In all other cases, Eastern Washington University only utilizes formal adjudicative proceedings when required by RCW 34.05.413 through 34.05.476((. For such proceedings, excluding the student conduct process, Eastern Washington University adopts the model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, except for those rules which are in conflict with the provisions set forth in this chapter. The model rules are contained in chapter 10-08 WAC. In the case of a conflict between the model rules of procedure and these procedural rules, the procedural rules adopted by Eastern Washington University shall govern))or for the adjudication of formal Title IX complaints against employees as set forth in university policy.

(2) An application for a formal adjudicative proceeding shall be in writing. Application forms are available from: University Policy Administration; ((Office of the President;)) Eastern Washington University; ((Showalter 214))Tawanka 211, Cheney, WA 99004-2496. Written application for a formal adjudicative proceeding in response to the institution's action must be submitted to the above address within twenty-one calendar days of the action, unless otherwise provided by statute or rule.

AMENDATORY SECTION(Amending WSR 17-11-051, filed 5/15/17, effective 6/15/17)

WAC 172-108-050Brief adjudicative proceedings.

In accordance with RCW 34.05.410 (1)(a), the procedures identified in RCW 34.05.482 through 34.05.494 apply to all brief adjudicative proceedings at Eastern Washington University. All applications for a brief adjudicative proceeding shall be in writing. Application forms are available from: University Policy Administration; ((Office of the President; Showalter 214))Tawanka 211; Eastern Washington University; Cheney, WA 99004-2496. Written application for a brief adjudicative proceeding in response to the institution's action must be submitted to the university within twenty-one calendar days of the action, unless a different time frame is specified in the regulations identified below that apply to the type of decision being challenged. When required by law or constitutional right, brief adjudicative proceedings shall be used in all matters of appeal related to:

(1) Residency determinations made pursuant to RCW 28B.15.013 and chapter 250-18 WAC;

(2) Challenges to contents of education records, review of the denial to inspect such records, or challenges to the disclosure of such records. In addition to the rules identified below, these challenges are governed by chapter 172-191 WAC;

(3) Student conduct proceedings, if the potential sanction for the alleged misconduct does not include suspension, expulsion, formal Title IX complaints, or an allegation of felony-level sexual misconduct. In addition to the rules identified below, these proceedings are governed by chapter 172-121 WAC;

(4) Outstanding debts owed by students or employees, pursuant to chapters 172-124 and 172-144 WAC;

(5) Traffic and parking violations and revocations of any parking permit pursuant to chapter 172-100 WAC;

(6) Student academic integrity proceedings, if the potential sanction for the alleged misconduct does not include suspension or expulsion. In addition to the rules identified in this section, these proceedings are governed by chapter 172-90 WAC;

(7) Library fines and charges;

(8) Reduction, cancellation, or nonrenewal of institutional financial aid when based in any degree on athletics ability per National Collegiate Athletic Association rules;

(9) Administrative decisions regarding ((mandatory))statutorily mandated tuition and/or fee waivers;

(10) ((Intellectual property ownership determinations in accordance with EWU Policy 302-04;

(11) Ethics in))Research integrity violations in accordance with EWU Policy 302-05 when required by federal law;

(((12) Matters subject to review by the academic appeals board in accordance with EWU Policy 303-21;

(13) Matters subject to review regarding graduate students in accordance with EWU Policy 303-22;

(14)))(11) Citations issued by university police regarding the use of golf carts and utility vehicles, in accordance with EWU Policy 603-06;

(((15)))(12) Fines imposed for impermissible use of tobacco, electronic cigarettes, and related products in accordance with WAC 172-122-310;

(((16)))(13) Financial aid appeals as provided for by federal law and in accordance with EWU policies for satisfactory academic progress for undergraduate, post-baccalaureate, and graduate students;

(((17)))(14) Denial of work study or termination from a work study position when required by federal law;

(((18)))(15) Notice against trespass issued per WAC 172-122-200;

(((19)))(16) Denial of request to waive undergraduate housing requirement under chapter 172-130 WAC;

(((20)))(17) Fines assessed under a university housing agreement; and

(((21)))(18) Penalties imposed for violations of pet control regulations in accordance with chapter 172-115 WAC.