(1) The scope of the university's jurisdiction includes reports that prohibited conduct occurred:
(a) On any university premises or in connection with any university-sponsored program or activity, regardless of the location of the program or activity; or
(b) Off campus (i.e., conduct that does not occur on university premises or in the context of a university-sponsored program or activity) where: The university reasonably determines that the conduct adversely affects a university interest or, has continuing adverse effects or may create a hostile environment on university premises or in the context of a university-sponsored program or activity.
(2) Nothing in this conduct code shall be construed to limit academic action that may be taken by schools, colleges, or programs against a respondent based on an established violation of this conduct code that demonstrates a failure to meet the academic and/or professional standards of the school, college, or program.
(3) If a respondent withdraws from the university (or fails to reenroll) while a conduct proceeding is pending, the university may move forward with the conduct proceeding and, if so, the respondent will be provided with a continued opportunity to participate.
(4) Under regulations established by the United States Department of Education, 34 C.F.R. Part 106, the prohibited conduct defined in WAC
478-121-605 must be addressed as provided under Part VII of this code, not as provided under Parts II through V, if, and only if: It is alleged to have occurred in a university education program or activity, and it is against a person in the United States.
[Statutory Authority: RCW
28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-040, filed 3/11/21, effective 4/11/21. Statutory Authority: RCW
28B.20.130. WSR 17-15-068, § 478-121-040, filed 7/14/17, effective 8/18/17.]