WSR 24-04-100
EMERGENCY RULES
WASHINGTON STATE UNIVERSITY
[Filed February 7, 2024, 10:35 a.m., effective February 7, 2024, 10:35 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Washington State University (WSU) is updating the rules regarding the standards of conduct for students, chapter 504-26 WAC.
Citation of Rules Affected by this Order: Amending WAC 504-26-010, 504-26-100, and 504-26-110.
Statutory Authority for Adoption: RCW 28B.30.150.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The emergency rule changes would allow a conduct hearing board of one and is based on the preservation of health, safety, and general welfare exception plus the federal law exception (Title IX). Essentially, WSU is currently unable to process student conduct cases in a timely manner, even those involving serious allegations of misconduct, due to its inability to convene conduct boards, and this change is needed to address that.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: February 7, 2024.
Deborah L. Bartlett, Director
Procedures, Records, and Forms
and University Rules Coordinator
OTS-5169.2
AMENDATORY SECTION(Amending WSR 22-23-142, filed 11/21/22, effective 1/1/23)
WAC 504-26-010Definitions.
Words and phrases used in the standards of conduct regardless of their associated gender identity include all genders. Words and phrases used in the standards of conduct in the singular or plural encompass both the singular and the plural, unless the context clearly indicates otherwise. For purposes of the standards of conduct, the following definitions apply:
(1) Academic integrity hearing board. Teaching faculty and student representatives who, collectively, are authorized by the university to review an instructor's determination that a student violated university academic integrity policies and whether or not the outcome proposed by the instructor is in keeping with the instructor's published policies.
(2) Academic integrity violation. A violation of the university's academic integrity expectations, which is defined as:
(a) Use of unauthorized materials in taking quizzes, tests, or examinations, or giving or receiving unauthorized assistance by any means, including talking, copying information from another student, using electronic devices, or taking an examination for another student.
(b) Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.
(c) Acquisition or possession of tests or other academic material belonging to a member of the university faculty or staff when acquired without the permission of the university faculty or staff member.
(d) Fabrication, which is the intentional invention or counterfeiting of information in the course of an academic activity. Fabrication includes, but is not limited to:
(i) Counterfeiting data, research results, information, or procedures with inadequate foundation in fact. The office of research must be consulted in matters involving alleged research misconduct as that term is defined in the university's executive policy 33.
(ii) Counterfeiting a record of internship or practicum experiences.
(iii) Submitting a false excuse for absence or tardiness or a false explanation for failing to complete a class requirement or scheduled examination at the appointed date and time.
(e) Engaging in any behavior for the purpose of gaining an unfair advantage specifically prohibited by a faculty member in the course syllabus or class discussion.
(f) Scientific misconduct. Falsification, fabrication, plagiarism, or other forms of dishonesty in scientific and scholarly research are prohibited. Complaints and inquiries involving cases of scientific misconduct are managed according to the university's policy for responding to allegations of scientific misconduct. A finding of scientific misconduct is subject to sanctions by CCS. The policy for responding to allegations of scientific misconduct (executive policy 33) may be reviewed by contacting the office of research.
(g) Unauthorized collaboration on assignments.
(h) Intentionally obtaining unauthorized knowledge of examination materials.
(i) Plagiarism. Presenting the information, ideas, or phrasing of another person as the student's own work without proper acknowledgment of the source. This includes submitting a commercially prepared paper or research project or submitting for academic credit any work done by someone else. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
(j) Unauthorized multiple submission of the same work.
(k) Sabotage of others' work.
(l) Tampering with or falsifying records.
(m) Violating any other academic rule or standards specified in published course policies.
(3) Appeals board. The group of students, faculty, and staff, collectively, authorized in accordance with WAC 504-26-115 to consider appeals from a university conduct board's or conduct officer's determination as to whether a student has violated the standards of conduct and any sanctions assigned.
(4) Brief adjudication. The process by which a conduct officer may adjudicate student conduct matters that are not resolving allegations that would constitute Title IX sexual harassment within the university's Title IX jurisdiction, and where possible sanctions do not include suspension for more than 10 instructional days, expulsion, loss of recognition, or revocation of degree. Also referred to as a "conduct officer hearing" or "brief adjudicative proceeding."
(5) CCR. The university's office of compliance and civil rights.
(6) CCS. The university's center for community standards.
(7) Complainant. Any person who is the alleged victim of prohibited student conduct, whether or not such person has made an actual complaint.
(8) Conduct board. The group ((of students, faculty, and staff, collectively))or individual authorized in accordance with WAC 504-26-110 to adjudicate certain student conduct matters.
(9) Conduct officer. A university official authorized by the dean of students or their designee to initiate, manage, and/or adjudicate certain student conduct matters in accordance with WAC 504-26-401 and 504-26-402.
(10) Faculty member. For purposes of this chapter, any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.
(11) Full adjudication. The process by which a conduct board adjudicates matters involving possible suspension of greater than 10 instructional days, expulsion, loss of recognition, revocation of degree, or other matters as determined by the university. Also referred to as "formal adjudication," "formal (or full) adjudicative proceeding," or "conduct board hearing."
(12) Gender identity. Having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to the person at birth.
(13) Member of the university community. Includes any person who is a student, faculty member, university official, any person employed by the university, or any person with a relationship with the university, including guests of and visitors to the university. A person's status in a particular situation is determined by the dean of students or designee.
(14) Parties. The parties to a student conduct proceeding must include the university and the respondent. The parties in a student conduct matter where the allegations, if true, would constitute Title IX sexual harassment within the university's Title IX jurisdiction must also include the complainant(s). The university may designate other complainants as parties to conduct proceedings including, but not limited to, harmed parties. The dean of students or their designee determines party status for complainants.
(15) Recognized or registered student organization. A group of students, collectively, that has complied with the formal requirements for university recognition or registration.
(16) Respondent. A student or recognized or registered student organization alleged to have violated these standards of conduct.
(17) Standards of conduct. The standards of conduct for students outlined in this chapter.
(18) Student. For the purposes of this chapter, any person who:
(a) Is enrolled in at least one undergraduate, graduate, or professional studies course at the university;
(b) Has been notified of their acceptance for admission
but has not yet registered for their course(s);
(c) Is eligible to reenroll in classes without reapplying.
(19) Title IX. Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 and its implementing 34 C.F.R. Part 106.
(20) University. Washington State University.
(21) University official. Any person employed by the university, performing assigned administrative or professional responsibilities.
(22) University premises. All land, buildings, facilities, vehicles, websites, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks), including its study abroad program sites, as well as university-sponsored or hosted online platforms.
AMENDATORY SECTION(Amending WSR 22-23-142, filed 11/21/22, effective 1/1/23)
WAC 504-26-100Presiding officers.
Full adjudicative proceedings are conducted by the conduct board and are presided over by an individual who is licensed to practice law in the state of Washington and has judicial training. The presiding officer's role is to ensure a fair and impartial process and is limited to making procedural and evidentiary rulings and handling logistical and other matters related to facilitating the proceedings to ensure compliance with legal requirements. The presiding officer must transmit a full and complete record of the proceedings to CCS and the conduct board, including such comments upon demeanor of witnesses as the presiding officer deems relevant, in accordance with RCW 34.05.461. The presiding officer does not vote ((and is not considered for purposes of creating a quorum of the conduct board)).
AMENDATORY SECTION(Amending WSR 22-23-142, filed 11/21/22, effective 1/1/23)
WAC 504-26-110Composition of conduct board.
A conduct board ((must consist of at least three members. A quorum of three is needed to hear a matter))may consist of one person or multiple persons selected from the pool of approved university community members in accordance with WAC 504-26-105. 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 minimum of one conduct board member hearing a matter must be a student. 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.