(((1))) This student conduct code is adopted by the governing board of Central Washington University as authorized under RCW 28B.35.120. Authority is hereby delegated to the university president and administrative officers to administer and enforce the provisions of this code.

(((2) The student conduct code shall apply to student conduct that occurs on university premises and to conduct that occurs at or in connection with university sponsored events, programs, or activities. This code may also apply to other student conduct occurring off campus (or in nonuniversity electronic environments) when the university deems such conduct to threaten safety or security or otherwise adversely impact the university community. Students shall be responsible for their conduct from the time of acceptance for admission or registration through the actual awarding of a degree or other certificate of completion. The university shall have authority to revoke a degree or other certificate of completion based on prohibited student conduct that is found to have occurred before the award of such degree or certificate. Student organizations affiliated with the university may also be sanctioned under this code for the conduct of their student members.

(4) Nothing in this student code shall be construed as authorizing the university to prohibit or to discipline protected speech or other conduct that is protected by law or constitutional right.))

(1) The student conduct code shall apply to conduct by students or student groups that occurs:

(a) On university premises;

(b) At or in connection with university-sponsored events, programs, or activities; or

(c) Off campus (or in nonuniversity electronic environments) when the university deems such conduct to threaten safety or security or otherwise adversely impact the university community.

(2) Jurisdiction extends to locations in which students are engaged in university programs or activities including, but not limited to, university housing, foreign or domestic travel, activities funded by the students, student government, student clubs or organizations, athletic events, training internships, cooperative and distance education, online education, practicums, supervised work experiences, or any other university-sanctioned social or club activities.

(3) Students shall be responsible for their conduct from the time of acceptance for admission or registration through the last day of enrollment or actual awarding of a degree or other certificate of completion. The university shall have authority to revoke a degree or other certificate of completion based on prohibited student conduct that is found to have occurred before the award of such degree or certificate.

(4) These standards shall apply to a student's conduct even if the student withdraws from the university while a disciplinary matter is pending.

(5) The university has sole discretion, on a case-by-case basis, to determine whether the student conduct code will be applied to conduct by students or student groups that occurs off-campus.

(6) In addition to initiating disciplinary proceedings for violation of the student conduct code, the university may refer any violations of federal, state, or local laws to civil and criminal authorities for disposition. The university reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

(7) The university shall not be required to stay disciplinary action under this student code pending any criminal or civil proceeding arising from the same conduct that would constitute a violation of this code. Nor shall the disposition of any such criminal or civil proceeding control the outcome of any student disciplinary proceeding.

(8) Nothing in this student code shall be construed as authorizing the university to prohibit or to discipline protected speech or other conduct that is protected by law or constitutional right.

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the university community.

The following enumerated rights are guaranteed to each student within the limitations of statutory law and university policy, which are deemed necessary to achieve the educational goals of the university:

(1) Academic freedom.

(a) Students are guaranteed the rights of free inquiry, expression, and assembly, subject to reasonable time, place, and manner regulations as set forth in WAC 106-141-040.

(b) Students are free to pursue appropriate educational objectives from among the university's curricula, programs, and student affairs, subject to the limitations of RCW 28B.35.120.

(c) Students shall be protected from academic evaluation that is arbitrary, prejudiced, or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

(d) Students have the right to a learning environment that is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sex discrimination.

(2) Due process.

(a) The rights of students to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures is guaranteed.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this code of student conduct is entitled, upon request, to procedural due process as set forth in this chapter.

The following definitions shall apply for purposes of this student conduct code:

(1) Advisor of choice. The "advisor of choice" is the person selected by a complainant or respondent to provide informal advice and support at any stage of a disciplinary proceeding under this student code. Except as otherwise provided in these rules, the role of the advisor of choice does not include representation of a party.

(2) Complainant. A "complainant" ((for purposes of this student code means any person who is the alleged victim or target of prohibited student conduct, whether or not such person has made an actual complaint))means the following individuals who are alleged to have been subjected to conduct that would constitute discriminatory harassment or sex discrimination:

(b) A person other than a student or employee who was participating or attempting to participate in the university's education program or activity at the time of the alleged discrimination.

(3) Conduct officer. The "conduct officer" or "student conduct officer" is the university official designated by the university to be responsible for ((initiating disciplinary action for alleged violations of this code))implementing and enforcing the student conduct code.

(4) Conduct review officer. The "conduct review officer" is the university official designated by the university to ((hear appeals of disciplinary action conducted as brief adjudicative proceedings and to enter final decisions in proceedings heard by the student conduct council.

(6)))be responsible for reviewing or referring appeals of student disciplinary actions as specified in this code.

(5)Day. The term "day," unless otherwise qualified, means "calendar day." The qualified term "instructional day" means ((any day within an academic term that the university is open for business, excluding weekends and holidays.

(8)))a weekday, excluding weekends and university holidays.

(6)Disciplinary action. The term "disciplinary action" means the ((decision of the designated university official regarding alleged violations of the student code and includes any disciplinary sanction imposed for such violations. Disciplinary action does not include a summary suspension))process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code. A written or verbal warning is not disciplinary action.

(7) Disciplinary appeal. The term "disciplinary appeal" means the process by which an aggrieved party can appeal the discipline imposed or recommended by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or a dismissal from the university are heard by the student conduct council. Appeals of all other disciplinary action shall be reviewed by a conduct review officer through brief adjudicative proceedings.

(((9)))(8)Filing and service.

(a) Filing. The term "filing" means the delivery to the designated university official of any document that is required to be filed under this code. A document is filed by hand delivering it or by mailing it to the university official (or the official's assistant) at the official's office address. Filing is complete upon actual receipt during office hours at the office of the designated official.

(b) Service. The term "service" means the delivery to a party of any document that is required to be served under this code. A document is served by hand delivering it to the party or by mailing it to the party's address of record. Service is complete when the document is hand delivered or actually deposited in the mail.

(c) Electronic filing and service. Unless otherwise provided, filing or service may be accomplished by electronic mail.

(((10) Party. A "party" to a disciplinary proceeding under this code includes the student conduct officer and the student respondent, as well as any complainant in a proceeding involving allegations of sexual misconduct or discriminatory harassment.

(11)))(9) Pregnancy or related conditions. The term "pregnancy or related conditions" means:

(10)Preponderance of evidence. The term "preponderance of the evidence" is a standard of proof requiring that facts alleged as constituting a violation of this code must be proved on a more likely than not basis.

(((12)))(11) President. The "president" is the president of the university. The president is authorized to:

(15)Respondent. A "respondent" is a student ((against whom disciplinary action is initiated))who is alleged to have violated the student conduct code.

(((13)))(16)Service. See "Filing and service."

(((14)))(17)Student. The term "student" includes all persons taking courses at or through the university, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. The term includes prospective students who have been accepted for admission or registration, currently enrolled students who withdraw before the end of a term, and students, including former students, who engage in prohibited conduct between terms of actual enrollment or before the awarding of a degree or other certificate of completion.

(((15)))(18) Student employee. The term "student employee" means an individual who is both a student and an employee of the university. When a complainant or respondent is a student employee, the university must make a fact-specific inquiry to determine whether the individual's primary relationship with the university is to receive an education; and whether any alleged student conduct code violation including, but not limited to, sex-based discrimination, harassment, and/or retaliation occurred while the individual was performing employment-related work.

(22)University premises. "University premises" shall include all campuses and electronic presences of the university, wherever located, and includes all land, buildings, facilities, vehicles, equipment, computer systems, websites, and other property owned, used, or controlled by the university.

Prohibited student conduct includes engaging in, attempting to engage in, or encouraging or assisting another person to engage in, any of the conduct set forth in this section. As applicable, the term "conduct" includes acts performed by electronic means. The term "includes" or "including" as used in this section means "without limitation."

(1) Academic dishonesty. The term "academic dishonesty" for purposes of this student code includes cheating, plagiarism, and fabrication. Nothing in this student code shall be construed as limiting the authority of faculty and academic administrators to assign academic consequences for these or other forms of academic misconduct.

(a) Cheating. Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment, including collaboration without authority.

(b) Plagiarism. Plagiarism includes taking and using as one's own, without proper attribution, the ideas, writings, or work of ((another person))others in completing an academic assignment, including the unapproved use of artificial intelligence generated content. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

(c) Fabrication. Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an academic assignment.

(2) ((Alcohol, drug, and tobacco violations.

(a)))Alcohol. An "alcohol violation" includes using, possessing, delivering, selling, or being under the influence of any alcoholic beverage, except as permitted by law and applicable university policies.

(((b)))(3)Cannabis((/marijuana)). A "cannabis violation" ((or "marijuana violation")) includes using, possessing, growing, delivering, selling, or being visibly under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form, or the possession of cannabis paraphernalia on university premises or university-sponsored events. While state law permits the recreational use of ((marijuana))cannabis, federal law prohibits any possession or use of ((marijuana))cannabis on university premises or in connection with university activities.

(((c) Drug. A "drug violation" includes using, possessing, delivering, selling, or being under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner. The abuse, misuse, or unlawful sale or distribution of prescription or over-the-counter medications may also constitute a drug violation.

(3)))(4) Cyber misconduct. The term "cyber misconduct" includes the use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, nonconsensual distribution of a recording of sexual activity, possession and/or distribution of pornographic material involving minors, and the creation and/or distribution of artificial intelligence generated pornographic material depicting the likeness of another member of the university community without that individual's consent.

(5)Disruptive or obstructive conduct. The term "disruptive or obstructive conduct" means conduct, not protected by law, that interferes with, impedes, or otherwise unreasonably hinders the normal teaching, learning, research, administrative, or other functions, procedures, services, programs, or activities of the university. The term includes disorderly conduct, breach of the peace, violation of local or university noise policies, lewd or obscene conduct, obstruction of pedestrian or vehicular traffic, tampering with student election processes, or interfering with the orderly conduct of university investigations or disciplinary proceedings, including interfering with ((or retaliating against)) any witness, party, or other participant.

(((4)))(6) Discriminatory harassment.

(8)Ethics violations. An "ethics violation" includes the breach of any applicable code of ethics or standard of professional practice governing the conduct of a profession for which the student is studying to be licensed or certified. The term also includes the violation of any state law or university policy relating to the ethical use of university resources.

(((5)))(9)Failure to comply. The term "failure to comply" means refusing to obey the lawful directive of a university official or authorized university body, including a failure to identify oneself upon request, refusing to comply with a disciplinary sanction, or violating any no-contact or other protective order.

(((6)))(10)False or deceptive conduct. The term "false or deceptive conduct" means dishonest conduct (other than academic dishonesty) that includes forgery, altering or falsifying of university records, furnishing false or misleading information to the university, falsely claiming an academic credential, or falsely accusing any person of misconduct.

(((7)))(11)Harassment or bullying. The term "harassment" ((or "discriminatory harassment" means unwelcome and objectively offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently severe, pervasive, or persistent as to have the effect of denying, limiting, or unreasonably interfering with the ability of a student to participate in or benefit from the university's educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s). Protected status includes a person's actual or perceived race, color, national origin, gender, disability, or other status protected by law. See "Sexual misconduct" for the definition of "sexual harassment."

(8)))means conduct unrelated to a protected class that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the university's programs, services, opportunities, or activities.

(13)Hazing. "Hazing" includes any ((initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes or is likely to cause the destruction or removal of public or private property or))act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a university-sponsored student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, 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, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions. Consent is not a valid defense against hazing.

(i) Failure to comply with the university's electronic use policy.

(((9) Personal offenses. The term "personal offense" is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person's rights. The term includes personal offenses committed by electronic means.

(10)))(16)Property violations. The term "property violation" includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of university property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and university trademarks.

(((11) Relationship violence. The term "relationship violence" includes "domestic violence" and "intimate partner violence."

(12)))(17)Retaliation. The term "retaliation" means harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person ((because such person reported an alleged violation of this code or other university policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a university investigation or disciplinary proceeding))for reporting, providing information, exercising one's rights or responsibilities, participating, or refusing to participate, in the process of responding to, investigating, or addressing allegations or violations of federal, state or local law, or university policies.

(((13)))(18)Safety violations. The term "safety violation" includes any nonaccidental, reckless, or unsafe conduct that interferes with or otherwise compromises any university policy, equipment, or procedure relating to the health, safety, or security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems.

(((14) Sexual misconduct. The term "sexual misconduct" includes "sexual harassment," "sexual exploitation," and "sexual violence."

(a) Sexual harassment. The term "sexual harassment" means unwelcome and objectively offensive conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is directed at a person because of such person's sex or gender and that is sufficiently severe, pervasive, or persistent as to have the effect of denying, limiting, or unreasonably interfering with the ability of a student to participate in or benefit from the university's educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s).))(19) Sex discrimination. The term "sex discrimination" includes sex-based harassment, and may occur when a respondent causes more than de minimis harm to an individual by treating them different from a similarly situated individual on the basis of: Sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Conduct that prevents an individual from participating in an education program or activity consistent with the person's gender identity subjects a person to more than de minimis harm on the basis of sex.

(b) Sexual exploitation. The term "sexual exploitation" means taking sexual advantage of another, without consent, for the gratification of oneself or any third person(s). The term includes voyeurism, indecent exposure, the nonconsensual recording of nudity or sexual activity where there is a reasonable expectation of privacy (or the nonconsensual distribution of such recording), inducing another person to engage in sexual activity for payment or other benefit, and knowingly exposing another to a sexually transmitted infection.

(c) ((Sexual violence. The term "sexual violence" includes "nonconsensual sexual contact" and "nonconsensual sexual intercourse."

(16)))Consent. For purposes of this code "consent" means knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity.

(22)Unauthorized access. The term "unauthorized access" means gaining entry without permission to any restricted area or property of the university or the property of another person, including any facility, computer system, email account, or electronic or paper files. Unauthorized access includes computer hacking and the unauthorized possession or sharing of any restricted means of gaining access, including keys, keycards, passwords, or access codes.

(((17) University policy violations. The term "policy violation" means))(23) Violation of other laws or policies. This includes the violation of any university policy or applicable law governing the conduct of students as members of the university community, including university policies governing nondiscrimination, alcohol and drugs, computer use, copyright, campus health and safety, and parking and traffic.

(((18)))(24)Weapons ((violations)). A "weapons violation" includes the possession, display, storage, or use of any firearm, explosive, dangerous chemical, knife, or other instrument capable of inflicting serious bodily harm in circumstances that are reasonably perceived as causing alarm for the safety of any person. The term "weapons violation" includes any threat to use a weapon to harm any person and the use of any fake weapon or replica to cause the apprehension of harm. The term further includes the possession on university premises of any firearm or other dangerous weapon in violation of public law or university policy, but does not include the lawful possession of any personal protection spray device authorized under RCW 9.91.160.

((The university may impose any of the following disciplinary sanctions for violations of this student code. Violations must be proved by a preponderance of the evidence.

(b) Parent/guardian notification. The university reserves the right to inform a student's parent(s) or legal guardian(s) of the student's misconduct to the extent permitted by applicable law.))(1) The following corrective actions or disciplinary sanctions may be imposed upon students or upon university-sponsored student organizations, athletic teams, or living groups found responsible for violating the student conduct code.

(1) Any student group that knowingly permits hazing is strictly liable for harm caused to persons or property resulting from hazing. If the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

(2) Any person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the university.

(3) Student groups that knowingly permit hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the university.

(4) Student groups found responsible for violating the code of student conduct, university antihazing policies, or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual assault, or physical assault will be disclosed in a public report issued by the university setting forth the name of the student group, the date the investigation began, the date the investigation ended, a finding of responsibility, a description of the incident(s) giving rise to the finding, and the details of the sanction(s) imposed.

(((1) The student conduct officer will initiate disciplinary action by serving the student respondent with written notice of an initial disciplinary meeting. The notice shall briefly describe the factual allegations or the issues involved, the specific conduct code provision(s) the respondent is alleged to have violated, and the range of possible sanctions for such violations(s).

(6) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the decision will state whether such allegations were substantiated and will describe any sanctions or conditions imposed for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.))(1) The student conduct officer, or designee, may review and investigate any complaint to determine whether it appears to state a violation of the student conduct code.

(((1) Respondent. The student respondent may appeal the disciplinary action of the student conduct officer in accordance with the following rules:

(3) If no appeal is filed within the applicable time period, the disciplinary action of the student conduct officer shall be final.))(1) Except as specified for cases involving allegations of discriminatory harassment or sex-based harassment, as set forth in WAC 106-125-075(11), the respondent may appeal a disciplinary action by filing a written notice of appeal with the student conduct officer within 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

(4) Initial decision – Request for review. The respondent (or any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations) may request administrative review of the initial decision by filing a written request for review with the dean of student success within 21 days of service of the initial decision. If no request for review is filed, the initial decision of the conduct review officer shall be final.))(1) Appeals shall be conducted by a conduct review officer as brief adjudicative hearings. The conduct review officer shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

(((1) Requests for review of the initial decision of the conduct review officer will be heard by the dean of student success (or designee). The dean shall have the same authority on review as the conduct review officer to take disciplinary action.

(5) The review decision of the dean (or designee) shall be final.))(1) An initial decision is subject to review by the conduct review officer, provided a party files a written request for review with the conduct review officer within 21 calendar days of service of the initial decision.

(1) The student conduct council shall consist of ((three))a pool of university employees appointed by the university president or president's designee. The conduct council ((members))decision maker will be selected ((by the council advisor)) subject to availability and qualification in accordance with WAC 106-125-045(6). ((Additional university employees may be selected to serve as alternate council members.))Any party may petition the council for disqualification and appointment of a different decision maker.

(2) The student conduct council decision maker shall ((elect a chair to)) preside over the hearing((, and the dean of student success shall appoint a nonvoting staff member as council advisor to convene and otherwise advise and assist the council)).

(3) The student conduct council will hear appeals of disciplinary action imposing a conduct suspension in excess of 10 days or a conduct dismissal. The council decision maker will hear such other matters as may be referred to the council by the student conduct officer((,))or conduct review officer((, or dean of student success)). The council decision maker shall have the authority to dismiss a proceeding or to impose any of the disciplinary sanctions under WAC 106-125-030.

(4) Proceedings of the student conduct council shall be governed by the Administrative Procedure Act (chapter 34.05 RCW) and by the model rules of procedure (chapter 10-08 WAC), as supplemented by these rules.

(1) The conduct council ((chair or advisor))decision maker shall cause all parties to be served with written notice of the hearing not less than seven calendar days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The ((chair or adviser))decision maker may shorten this notice period if the parties agree, and may continue the hearing to a later time for good cause shown. The notice shall include:

(2) The conduct council ((chair, assisted by the council adviser,))decision maker is authorized to conduct prehearing conferences and to make prehearing decisions concerning the forms and extent of any discovery, issuance of protective orders, and similar procedural matters.

(3) The council ((chair or advisor))decision maker may direct the parties prior to the hearing to exchange lists of potential witnesses and copies of exhibits that the parties reasonably expect to present to the council. Failure to participate in good faith in such an exchange may be cause for excluding from the hearing any witness or exhibit not disclosed.

(4) The council ((chair or advisor))decision maker in advance of the hearing may ((provide council members with))review copies of:

(a) Any notice of disciplinary action (or referral to the council); and

(b) Any notice of appeal filed by the respondent (or any complainant). However, such "pleadings" shall not be regarded as evidence of any facts they may allege.

(5) The parties may agree before the hearing to designate specific exhibits as admissible without objection.

(8) Any party may be accompanied at the hearing by an advisor of the party's choice. A respondent (or any complainant) may be represented by an attorney at such party's own cost, but will be deemed to have waived that right unless, at least four instructional days before the hearing, the attorney files and serves a notice of appearance. Failure to do so may, at the discretion of the council decision maker, result in a waiver of the attorney's ability to represent the student at the hearing, although an attorney may still serve as an advisor to the student. If the respondent (or complainant) is represented by an attorney, the student conduct officer may be represented by the university's assistant attorney general.

(((6)))(9) The student conduct council decision maker may ((itself))themselves be advised in any proceeding by an independently assigned assistant attorney general who shall have had no other involvement in the matter and who shall be appropriately screened from any other assistant attorney general appearing in the proceeding.

(1) Upon the failure of any party to attend or participate in a hearing, the student conduct council may either:

(a) Proceed with the hearing; or

(b) Serve an order of default in accordance with RCW 34.05.440.

(2) Council hearings shall be closed to the public, unless all parties (including any complainant) agree on the record that all or parts of the proceeding may be open. The council ((chair))decision maker shall determine any extent to which the hearing will be open. The ((chair))decision maker may exclude from the hearing any person who disrupts the proceeding.

(3) The council ((advisor))decision maker shall cause the hearing to be recorded ((pursuant to))by a method that they select, in accordance with RCW 34.05.449 ((by a method the advisor selects)). Other recording shall be permitted in accordance with WAC 10-08-190. The ((advisor))council decision maker shall maintain the official record of the proceeding that is required by RCW 34.05.476. Such record shall be made available upon request for inspection and copying by any party to the extent permitted by applicable laws.

(4) The council ((chair))decision maker shall preside at the hearing and shall decide procedural questions that arise during the hearing((, except as overridden by a majority vote of the council)).

(5) The student conduct officer (or assistant attorney general) shall present the case for imposing disciplinary sanctions and shall bear the burden of establishing the alleged violations by a preponderance of the evidence.

(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452.

(7) ((The respondent and a complainant in any proceeding involving sexual misconduct or discriminatory harassment allegations shall not directly question or cross-examine one another. All questions shall be directed to the council chair, who will act as an intermediary and pose questions on behalf of the parties. The council chair may reframe questions as to form or exclude questions on the grounds of relevance or privilege.))In cases involving allegations of discriminatory harassment or sex-based harassment, the complainant and respondent may not directly question one another. In such circumstances, the decision maker will determine whether questions will be submitted to the decision maker, who will then ask questions of the parties and witnesses, or allow questions to be asked directly of any party or witnesses by a party's attorney or advisor. The council decision maker may revise this process if, in the decision maker's determination, the questioning by any party, attorney, or advisor, becomes contentious or harassing.

(1) At the conclusion of the hearing, the student conduct council decision maker shall permit the parties to make closing arguments in whatever form the council wishes to receive them. The council decision maker may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.

(2) Within 20 days following the later of the conclusion of the hearing or the receipt of closing arguments, the student conduct council decision maker shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The decision shall contain findings on relevant issues of fact, conclusions concerning which, if any, provisions of the student code were found to be violated, and any sanction(s) imposed. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(3) ((The council chair shall cause the initial decision to be served on the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations. In a proceeding involving sexual misconduct or discriminatory harassment allegations, the decision will state whether such allegations were substantiated and will describe any sanctions or conditions imposed for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

(4) The council advisor, upon receipt of a timely filed appeal, shall promptly transmit the council's initial decision and the record of the proceedings for review by the conduct review officer who shall enter a final decision. If no appeal is timely filed, the initial decision of the student conduct council shall be the final decision.))The council decision maker's initial decision shall also include a determination of appropriate sanctions, if any. If the matter was referred to the council by the student conduct officer, the council decision maker shall identify and impose disciplinary sanction(s) or conditions (if any) as authorized in the student code. If the matter is an appeal by a party, the council decision maker may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

(1) Any party, including a complainant in discriminatory harassment or sex-based harassment cases, may appeal the council decision maker's decision by filing a written appeal within 21 calendar days of service of the council's decision. Failure to file a timely appeal constitutes a waiver of the right and the decision shall be deemed final.

(2) The initial decision of the student conduct council decision maker will be reviewed on appeal by the conduct review officer. The conduct review officer shall have the same authority on review as the student conduct officer to take disciplinary action.

(((2)))(3) The written appeal must identify the specific findings of fact and/or conclusions of law in the decision that are challenged and must contain argument why the appeal should be granted. Appeals may be based upon, but are not limited to:

(5) The review by the conduct review officer will be limited to the hearing record made before the student conduct council. The conduct review officer will afford all parties the opportunity to file written statements explaining why they agree or disagree with the council's initial decision. The conduct review officer may notify the parties that the review will be limited to reviewing the specific issues raised by the parties.

(((3)))(6) The conduct review officer will serve a written decision upon all parties (including the complainant and Title IX coordinator in any proceeding involving ((sexual misconduct))sex-based harassment or discriminatory harassment allegations) within 20 days of the date for the parties to submit written statements. The decision will adopt or modify the conduct ((council's))council decision maker's initial decision and will provide a notice that reconsideration and/or judicial review may be available pursuant to chapter 34.05 RCW, Part V.

(((4) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the review decision will explain the reasons for modifying any disciplinary action imposed with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

(5)))(7) The conduct review officer shall not engage in ex parte communication with any of the parties regarding an appeal.

(8) The decision of the conduct review officer shall be final.

(1) A summary suspension is the temporary exclusion of a student from all or specified portions of university premises, programs, or activities pending an investigation and/or disciplinary proceeding relating to alleged student code violations.

(2) The ((dean of student success (or designee)))student conduct officer may summarily suspend a student when ((the dean has))they have cause to believe that the student (a) has violated any provision of the student code and (b) presents an immediate danger to the health, safety, or ((security))welfare of the campus community and/or poses an ongoing threat of ((serious))substantial disruption or interference with university operations.

(3) Notice of a summary suspension, if given orally, must be followed by service of a written notice within two instructional days of the oral notice. The written notice shall include:

(a) The duration and scope of the suspension, including any conditions under which the student may access university premises or contact members of the ((campus))university community;

(b) The reasons for the suspension, including reference to the student code provisions allegedly violated, together with notice of any resulting or pending disciplinary action; and

(c) Notice of a summary suspension hearing to be held within three instructional days before a reviewing officer not otherwise involved in any pending disciplinary proceeding relating to the student.

(4) The reviewing officer will conduct the summary suspension hearing as an emergency proceeding under RCW 34.05.479. The issue before the reviewing officer shall be whether probable cause exists to continue the summary suspension. The student shall be afforded an opportunity at the hearing to explain why the suspension should not be continued or why the suspension should be less restrictive in scope. If the student fails to appear or to participate in the hearing, the reviewing officer may order that the suspension continue pending the conclusion of disciplinary proceedings.

(5) The reviewing officer, within two instructional days of the hearing, shall issue a written decision either terminating the summary suspension or explaining the immediate danger and policy reasons justifying the continuation and/or modification of the summary suspension. The reviewing officer will provide a copy of the decision to all persons who may be bound or protected by it.

(6) To the extent permissible under applicable law, the conduct review officer shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

(8) The student may request review of the reviewing officer's decision before the student conduct council. Such review will be scheduled promptly and shall be consolidated with any pending disciplinary proceeding arising from the same conduct.

((SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES))