Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-06-094.

     Title of Rule: Standards of conduct for students.

     Purpose: To clarify requirements for student conduct, to streamline the hearing and disciplinary process and provide for parental notification under FERPA rules.

     Statutory Authority for Adoption: RCW 28B.30.150.

     Summary: Clarifies requirements for student conduct, streamlines hearing and disciplinary process and provides for parental notification under FERPA rules.

     Reasons Supporting Proposal: To clarify requirements for student conduct, to streamline the hearing and disciplinary process and provide for parental notification under FERPA rules.

     Name of Agency Personnel Responsible for Drafting: Dr. Charlene Jaeger, Dr. Elaine Voss, Lighty Student Services Building, Room 360, (509) 335-4531; Implementation and Enforcement: Dr. Charlene Jaeger, Lighty Student Services Building, Room 360, (509) 335-4531.

     Name of Proponent: Office of Student Affairs, Washington State University.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Clarifies requirements for student conduct, to streamline the hearing and disciplinary process and provides for parental notification under FERPA rules.

     Proposal Changes the Following Existing Rules: Clarifies requirements for student conduct, streamlines the hearing and disciplinary process and provides for parental notification under FERPA rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Conference Room 405, Lighty Student Services Building, Washington State University, Pullman, Washington 99164, on July 10, 2002, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Kirsten Pauli by July 5, 2002.

     Submit Written Comments to: Loretta M. Lamb, P.O. Box 64105, Pullman, WA 99164, fax (509) 335-4642, by June 21, 2002.

     Date of Intended Adoption: July 9, 2002.

May 13, 2002

Loretta M. Lamb

Associate Vice-President for

Personnel and Administration

Rules Coordinator

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     (1) The laws of the host country;

     (2) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying; and

     (3) Any other agreements related to the student's study program in a foreign country.

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     (2))) Academic dishonesty, ((includes)) such as cheating, plagiarism, ((and)) fabrication, and fraud, is prohibited. ((in the process of completing academic work. The university expects that student organizations will accept these standards and that their members will conduct themselves as responsible members of the academic community. These standards should be interpreted by students as general notice of prohibited conduct. They should be read broadly, and are not designed to define misconduct in exhaustive forms.)) See Part III for specific definitions of academic dishonesty.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-001, § 504-25-015, filed 3/2/95, effective 4/2/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-015, filed 5/18/89, effective 7/1/89.]

     (1) Posting the works of another person on an internet website without the permission of the creator;

     (2) Copying the creative works of another without the permission of the creator;

     (3) Selling a recording of a presentation by another without the permission of the presenter;

     (4) Claiming the works of another as one's own;

     (5) Using the copyrighted works or intellectual property of another for profit without the permission of the owner;

     (6) Copying or digitally transmitting video or audio files without the permission of the owner; or displaying a copyrighted work publicly without the permission of the owner.

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     (2) ((This antidiscrimination regulation explicitly incorporates and prohibits)) Discrimination includes sexual or racial harassment by students. Sexual and racial harassment are defined as conduct ((which)) that is (a) sexually or racially motivated and (b) has the purpose or effect of unreasonably interfering with ((an individual's)) person's work or educational performance or creating an intimidating, hostile, or offensive environment.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-020, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-020, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-07-045, filed 3/8/95, effective 4/8/95)

WAC 504-25-025   Sexual offenses.   (1) Sexual offenses of any kind, including, but not limited to acquaintance rape, indecent liberties, and assault of a sexual nature, and/or other unwanted sexual contact are prohibited. ((University policy prohibiting sexual offenses is consistent with state law.

     (2))) (a) ((The definition of r)) Rape is defined under state law ((includes)) as sexual intercourse with a person who ((clearly expressed lack of)) did not consent by his or her words or conduct. ((Washington law further defines c)) Consent to sexual activity ((as)) means actual words or conduct indicating the person has freely ((given agreement)) and voluntarily agreed to have sexual intercourse.

     (i) Silence or mere passivity from a state of intoxication or unconsciousness does not imply consent to sexual intercourse.

     (ii) Lack of consent is implied if violence is threatened or used.

     (((3))) (b) ((The definition of i)) Indecent liberties ((under state law includes)) means knowingly causing sexual contact with a person by forcible compulsion or when the person is incapable of consent by reason of mental defect, mental incapacitation, or physical helplessness. ((Pursuant to Washington law, s))Sexual contact ((means)) is defined as any nonconsensual touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party.

     (((4))) (c) The university ((also)) prohibits sexual contact when such contact amounts to assault under Washington law. Assault includes harmful and offensive contact with another person. ((Lack of opportunity to consent to the contact may be evidence of assault.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-025, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-025, filed 5/18/89, effective 7/1/89.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-030   Physical ((abuse)) assault or threatened physical ((abuse)) assault.   ((Actual or attempted abuse of any person or conduct which threatens or endangers the health and safety of any person or which intentionally causes a reasonable apprehension of harm to any person is prohibited.)) No person may intentionally strike, shove, hit, punch, kick or otherwise subject another person to physical contact, or threaten bodily harm without the consent of the person.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-030, filed 5/18/89, effective 7/1/89.]

     (1) No student or other person enrolled at Washington State University may conspire to engage in hazing or participate in hazing of another.

     (((1))) (a) ((Produces)) Hazing includes any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is ((reasonably)) likely to ((produce)) cause, bodily danger, physical harm, or serious mental or ((physical discomfort, harassment, fright, humiliation, ridicule, substantial interference with academic efforts, or significant impairment or endangerment of physical well-being or;)) emotional harm to any student or other person attending a public or private institution of higher education or other postsecondary educational institution of higher education or other postsecondary educational institution in this state.

     (((2) Compels an individual to participate in any activity which is illegal, perverse or publicly indecent or contrary to university rules, regulations, or policies or which is known by the person(s) compelling the activity to be contrary to the individual's moral or religious beliefs.))

     (b) Hazing does not include customary athletic events or other similar contests or competitions.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-035, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-035, filed 5/18/89, effective 7/1/89.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-040   Harassment.   ((Harassment of any sort is prohibited. Any malicious act which causes harm to any person's physical or mental well-being)) Intentional conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and serves no legitimate or lawful purpose is prohibited.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-040, filed 5/18/89, effective 7/1/89.]

     (1) Causing physical injury to the victim or another person;

     (2) Causing physical damage to or destruction of the property of the victim or another person;

     (3) Threatening a specific person or group of persons and placing that person, or members of the specific group of persons, in reasonable fear of harm to person or to property.

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[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-045, filed 5/18/89, effective 7/1/89.]

     (2) Consumption, or possession, sale, or distribution of alcohol by students in public areas of any university-owned or controlled property ((is prohibited except for students of legal age at university-approved events)) or at university functions must comply with all local, state and federal laws.

     (((3) Unless specifically approved for those of legal age, consumption or possession of alcohol at or in line for university-sponsored or supervised events is prohibited.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-050, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-050, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-07-045, filed 3/8/95, effective 4/8/95)

WAC 504-25-055   Drugs and drug paraphernalia.   ((Illegal)) The use, sale, possession, manufacture, ((sale,)) and/or distribution of ((any narcotic or dangerous)) illegal drugs and drug paraphernalia is prohibited. ((University policy is consistent with state and federal laws which regulate controlled substances.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-055, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-055, filed 5/18/89, effective 7/1/89.]

     (2) Any student who wants access to ((any)) his or her firearm ((or weapon)) while ((on campus)) enrolled at the university must ((immediately place)) store the firearm(((s) or weapon(s) in the university-provided storage facility while the firearm(s) or weapon(s) is on campus. The storage facility is located at)) with the Washington State University ((police department and is accessible on a twenty-four-hour basis)) Department of Public Safety.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-060, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-060, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-065   Unlawful Illegal entry and trespassing.   Illegal or attempted illegal entry ((of)) or trespassing on university((-owned or controlled)) property ((or university-approved housing)) is prohibited. ((Violation of the university's rules for the use of its facilities in chapters 504-32 and 504-34 WAC, is also prohibited.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-065, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-075   Safety equipment.   Improper use or disablement of safety or fire ((fighting)) safety equipment, such as fire extinguishers, fire alarms, or exit signs, is prohibited.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-075, filed 5/18/89, effective 7/1/89.]

     (1) Providing false identification ((within the university community));

     (2) Falsifying, misrepresenting, forging, altering, or fraudulently obtaining a university transcript or diploma;

     (3) ((failing to reveal)) Withholding or misrepresenting relevant information on any university form or federal financial aid form;

     (4) ((o)) Offering any false information in any university disciplinary proceeding, academic exercise or hearing, employment situation, or in any other university situation; ((or))

     (5) ((m)) Maliciously altering or misusing university documents, records, permits, or identification ((is prohibited)).

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-080, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-080, filed 5/18/89, effective 7/1/89.]

     (1) ((Unauthorized copying, including:))

     (((a))) Copying university-owned or licensed software or data for personal or external use without prior approval;

     (((b))) (2) Copying another computer user's software or data without permission of its owner, even if it is readily accessible by electronic means;

     (((c))) (3) Knowingly accepting or using software or data which has been obtained by unauthorized means.

     (((2))) (4) Modifying or damaging, attempting to modify or damage, computer equipment, software, databases, or communications lines without permission;

     (((3))) (5) Disrupting or attempting to disrupt computer operations;

     (((4))) (6) Invading the privacy of an individual by using electronic means to ascertain confidential information, even if an individual or department inadvertently allows access to such information;

     (((5))) (7) Abusing or harassing another computer user through electronic means;

     (((6))) (8) Using the university's computing facilities in the commission of a crime;

     (((7))) (9) Using computer services without authorization;

     (((8))) (10) Allowing another individual to use one's computer identity/account or using another individual's computer identity/account.

     (a) This includes, but is not limited to, logging on to the account, accessing programs, and reading or altering computer records. ((Computer time belongs to the university; t)) The university ((is the only entity)), through ((computing services)) information technology, must authorize((d to)) and allocate time on the mainframe computers.

     (11) Violation of any written policy, regulation or law concerning use of computers.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-085, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-090   Disruption.   (1) ((While s)) Students have the right to freedom of ((expression)) speech, including the right to dissent or protest, but this expression cannot interfere with the rights of others or disrupt the ((processes of the)) university's activities. The following conduct will not be permitted:

     (((1))) (a) Disruption of classes, laboratories, offices, services, meetings, or ceremonies;

     (((2))) (b) Obstruction of free movement of people or vehicles; provided, peaceful picketing is permitted ((only as)) so long as it takes place outside buildings and does not interfere with the flow of traffic ((to and from buildings));

     (((3))) (c) Conduct which threatens harm, incites violence, or endangers the health and safety of any person;

     (((4))) (d) Threats of disruption, including bomb threats;

     (((5))) (e) Damaging, defacing or abusing university facilities, equipment, or property;, or the property of university community members; or

     (((6))) (f) Inciting others to engage in prohibited conduct.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-090, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-095   Disturbing the peace.   Creating noise in such a way as to interfere with the university's ((functions or using sound amplification equipment in a loud and raucous manner)) mission is prohibited.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-095, filed 5/18/89, effective 7/1/89.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-100, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-100, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-115   Violation of local ordinances, state law, or federal law.   Students ((are expected to)) shall comply with local, state, and federal laws and may be subject to university discipline for any violation. ((The university may take action, whether the violation occurs on or off campus, when a definite university interest is involved and where the conduct distinctly and adversely affects the university's pursuit of its educational mission or the health or safety of members of the university community.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-115, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-07-045, filed 3/8/95, effective 4/8/95)

WAC 504-25-120   Failure to comply with a proper order.   ((While on university-owned or controlled property or on the premises of university-approved housing, w)) Willful refusal or failure to comply with a proper order or request of a university official((, campus security officer)), or law enforcement officer((,)) acting in performance of their duties is prohibited.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-120, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-120, filed 5/18/89, effective 7/1/89.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-125, filed 5/18/89, effective 7/1/89.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-11-065, filed 5/18/89, effective 7/1/89)

WAC 504-25-130   Violation of a disciplinary sanction.   Violation of any term or condition of any disciplinary sanction ((is prohibited)) constitutes a new violation and may subject the student to additional sanctions.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-130, filed 5/18/89, effective 7/1/89.]

     (1) Any student who fears for his or her safety may request that testimony be given by telephone or other means.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-135, filed 5/18/89, effective 7/1/89.]

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[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-138, filed 3/8/95, effective 4/8/95.]

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[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-140, filed 5/18/89, effective 7/1/89.]

     (((2) This process is intended to be educative for the students involved, although)) but sanctions for serious violations can include temporary or permanent ((removal)) dismissal from the university. ((Students involved in these procedures should expect to be treated fairly and go through the process)) University disciplinary action is independent of any civil or criminal proceeding and is not influenced by the outcome of those proceedings. The university shall address allegations of student misconduct in a timely manner. ((The purposes of the disciplinary process are:

     (a) To determine the facts about the allegation(s);

     (b) To determine the responsibility of the accused student or student organization;

     (c) To determine an appropriate sanction if the accused student or student organization is found responsible for a violation; and

     (d) To help any student or student organization found responsible for any violation of the standards of conduct to understand the negative impact of their actions.

     (3) Any behavior which may have been influenced by a student's mental state, or use of drugs or alcohol will generally not limit the responsibility of the student for his or her action.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-200, filed 5/18/89, effective 7/1/89.]

     (a) The right to notice and the basis for the allegation.

     (b) The right to remain silent and not incriminate oneself if the allegation may lead to criminal liability.

     (c) The right to a hearing.

     (d) The right to seven calendar days notice prior to a hearing.

     (e) The right to present written information to the university officer or the conduct board prior to the hearing, including signed witness statements.

     (f) The right to consult an adviser and have one adviser present at the hearing. The adviser may advise the student or student organization during the hearing, but is not permitted to directly address the university officer or the conduct board. The advisor is prohibited from examining witnesses.

     (g) The right to one administrative appeal.

     (h) The right to seek judicial review in a court of law after the university enters its final order.

     (2) A student or student organization has the following additional rights if the conduct board hears the matter:

     (a) The right to request the removal of a conduct board member for prejudice. The request must be made in writing and support the basis for the alleged prejudice.

     (b) The right to review any written material to be presented to the conduct board at least 48 hours prior to the hearing, including the names of witnesses expected to testify. Any new information or evidence shall be released to the accused student or student organization within 24 hours of receipt.

     (c) The right to hear the testimony of all witnesses.

     (d) The right to question witnesses by submitting written questions to the chairperson.

     (e) The right to have an audio recording made of the hearing.

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     (a) Interim restrictions. A student may be restricted from university facilities or assigned to alternate university housing. Students may also be restricted from contacting a person or a group.

     (b) Interim suspension. A student may be suspended pending a hearing.

     (2) The vice-president for student affairs or designee shall notify the student or student organization in writing of the terms of the emergency restriction, suspension, and the reasons for the decision.

     (3) If interim action is taken, the student or student organization is entitled to a hearing as soon as is reasonably possible, but not later than ten calendar days after the action is taken.

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     (2) Conduct board hearings are more formal proceedings that may result in suspension, dismissal or loss of a student organization's recognition or charter.

     (((1))) (3) ((The procedures for s)) Student conduct hearings((, whether before the university conduct board, or before an administrative hearing officer,)) are conducted as brief ((hearing procedures in accordance with RCW 34.05.482. The minimum procedures of)) adjudicative proceedings pursuant to RCW 34.05.482 through 34.05.494((, as may be amended in the future, are adopted for student conduct hearings. To assure proper due process is provided to students, the following additional protections apply to conduct hearings.

     (2) The university has established several types of hearings. The nature of the alleged violation will determine which type of hearing a student will receive.

     (a) The university administrative hearing officer hears cases which involve violations of the standards of conduct. The hearing officer will not hear cases which could result in suspension or dismissal from the university.

     (b) The university conduct board hears cases which involve violations of the standards of conduct and can impose all levels of sanctions.))

     (4) Two or more students or organizations may be required to participate in a joint hearing if they are alleged to have taken part in the same incident, act, event, or series of related acts.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-205, filed 5/18/89, effective 7/1/89.]

     Administrative hearing officers are appointed by the vice-provost for student affairs and are generally members of the faculty in student affairs. An administrative hearing officer is responsible for hearing cases where the student or student organization has been offered a less formal hearing. The administrative hearing officer determines both the responsibility of the accused student or student organization and the sanction(s).))

     (2) ((The u)) University conduct board ((is a presidential standing committee, whose)) members are recommended by the ((vice-provost)) vice president for student affairs and appointed by the president of the university. ((The university conduct)) This board is composed of ((faculty members and graduate and undergraduate student members. Each hearing board consists of five members drawn from the conduct board: T)) two faculty members, two students, and ((the)) a faculty or staff chairperson. The chairperson ((is appointed by the vice-provost for student affairs)) conducts the proceedings.

     (3) In matters involving an academic integrity violation, the faculty members shall be teaching faculty. If the accused student is a graduate student, at least one graduate student shall be on the conduct board.

     (4) The ((university)) appeals board is composed of three university administrators, appointed by the president((, one of whom is the vice-provost for student affairs)) of the university.

     (5) All university officers and hearing board members shall be impartial.

     (a) Impartial means the person is not personally involved in the alleged act or does not have a personal interest in the outcome of the disciplinary proceeding.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-215, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-215, filed 5/18/89, effective 7/1/89.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 504-25-221   Complaint.   (1) Any person may file a complaint in writing with the office of student affairs against a student or student organization.

     (a) The complainant must have direct knowledge of the alleged misconduct and be willing to appear at a hearing if necessary.

     (b) The university officer determines if the alleged misconduct constitutes a violation of the standards of conduct.

     (c) If the university officer determines there may be a violation, the student or student organization is requested to attend a preliminary conference.

     (d) The student or student organization is notified in writing of the allegation against them.

     (2) If a student withdraws after a complaint has been filed, the hearing may be conducted in the student's absence. If the student is found responsible for a violation of the standards of conduct, the university may impose disciplinary sanctions.

     (a) Failure to comply with a university sanction or failure to resolve a conduct complaint shall affect a student's good standing in the university.

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     (a) Inform the student of the nature of the complaint;

     (b) Educate the student about the university's disciplinary process;

     (c) Notify the student of his or her rights and responsibilities; and

     (d) Encourage the student to submit a written explanation of the alleged incident.

     (2) If a student or student organization admits responsibility for the alleged incident and the violation will not result in suspension or expulsion, the student or student organization may waive the notice requirement and resolve the matter with a university officer at that time.

     (3) If there is no admission of responsibility, the matter will be set for a administrative or conduct board hearing.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 504-25-223   Notice.   (1) Any student or student organization charged with violating the standards of conduct shall be notified in writing at least seven calendar days prior to the hearing. The notice shall include:

     (a) The specific charges, including the university policy or regulation allegedly violated;

     (b) The approximate time and place of the alleged act;

     (c) The time and place of the hearing.

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     (2) Notice of a conduct board hearing is sent by certified mail return receipt requested and by regular mail to the student or student or organization's last known local address. If the student is no longer enrolled at the time notice is sent, the notice is sent to the student's permanent address.

     (3) The student or student organization is responsible for keeping an updated address on file.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 504-25-226   Administrative hearing.   (1) Administrative hearings are informal hearings conducted by a university officer.

     (a) The university officer has the sole discretion to send the matter to a conduct board at any time before an initial order is issued. A student may request that a conduct board hear the case, but the final decision on the matter is made by the university officer and is not subject to appeal.

     (2) If the student or student organization fails to appear at a hearing after proper notice, the university officer has the discretion to proceed in the student or organization's absence and determine responsibility and appropriate sanctions.

     (3) The hearings are closed to the public in conformity with federal privacy law.

     (4) The administrative hearing is not a legal proceeding.

     (5) The university officer is not bound by the rules of evidence and may admit any relevant information, but shall exclude immaterial or unduly repetitious information.

     (6) The university must prove the allegation by a preponderance of the evidence.

     (a) Preponderance of the evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that a violation occurred.

     (7) A hearing may be continued to another time if any person disrupts the proceedings.

     (8) At the conclusion of the hearing the student is informed in writing of the university officer's decision, the reasons for the decision, the sanction, and the right to appeal the decision.

     (9) The written decision is the initial order. Any sanction imposed is effective from the date of the initial order.

     (10) If the student does not appeal the university officer's initial decision within twenty-five calendar days from the date of the decision letter, it becomes the university's final order.

     (11) Administrative hearing decisions involving individual students are confidential. However, the university may disclose the outcome of a disciplinary decision in compliance with the Family Educational Right to Privacy Act (FERPA) under the following exemptions:

     (a) Disclosure to other university officials with a legitimate educational interest;

     (b) Disclosure to an alleged victim of any crime of violence;

     (c) Disclosure in connection with a health or safety emergency; and

     (d) Future exemptions that may apply as amended by federal law. Students will be notified annually of any new exemptions that may apply.

     (12) The university officer shall keep a written record of the hearing. This record shall include all documents relevant to the university officer's decision.

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     (2) The university officer's written decision is the initial order.

     (3) The university officer's initial order may be appealed to the vice president for student affairs or designee.

     (4) If the student does not appeal the university officer's initial decision within twenty-five calendar days from the date of the decision letter, it becomes the university's final order.

     (5) An appeal letter shall be in writing and filed with the office of student affairs. The university officer may also submit written arguments on behalf of the university.

     (6) On appeal the student must prove that he or she is not responsible for a violation.

     (7) The following shall be the basis for an appeal:

     (a) A procedural error that materially affected the decision;

     (b) New information not previously available that would have materially affected the decision;

     (c) The decision was not supported by substantial evidence.

     (d) The standards of conduct do not apply to the alleged violation.

     (e) The sanction is too severe or inappropriate for the violation.

     (8) The student bears the burden of proof.

     (a) Burden of proof means the student or student organization must prove he, she, or it is not responsible for the violation of the standards of conduct.

     (9) The vice president for student affairs or designee shall review the record and make one of the following determinations:

     (a) Affirm the conduct board's decision;

     (b) Reverse the conduct board's decision;

     (c) Affirm, reverse or modify the sanctions imposed by the conduct board.

     (10) The university appeals board's decision letter is the university's final order and shall advise the student or student organization of the right to judicial review.

     (a) The request for judicial review of a final university order must be filed with the court within thirty-five calendar days of the date of the university appeals board's decision letter.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 504-25-228   Conduct board hearing.   (1) Conduct board hearings are more formal proceedings that may result in suspension or dismissal. The student or student organization is responsible for presenting his, her, or its own case.

     (a) A student may request an administrative hearing, but the final decision on the matter is made by the university officer and is not subject to appeal.

     (2) If the student or student organization fails to appear at a hearing after proper notice, the university conduct board has the discretion to proceed in the student or student organization's absence and determine responsibility and appropriate sanctions.

     (3) The hearings are closed to the public in conformity with federal privacy law.

     (4) The conduct board hearing is not a legal proceeding.

     (5) The conduct board is not bound by the rules of evidence and may admit any relevant information, but shall exclude immaterial or unduly repetitious information.

     (6) The university and the student or student organization have the right to have witnesses testify about the alleged incident.

     (7) The university must prove the allegation by a preponderance of the evidence.

     (a) Preponderance of the evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that a violation occurred.

     (b) The conduct board's decision is made by a simple majority vote.

     (8) Conduct board hearings are generally held between the hours of 5:00 p.m. and 10:00 p.m. Deliberations may continue after 10:00 p.m. at the discretion of the board.

     (9) The chairperson presides over the hearing and may recess a hearing or order a continuance on a different day and time as the circumstances may require.

     (10) The student or student organization may request a recess, but recesses should be kept short and to a minimum. The chairperson may approve or deny a request for a recess.

     (11) Any person may be excluded from the proceeding for disruptive behavior.

     (12) The decision process is closed to everyone except the members of the conduct board. In some cases, an assistant attorney general may advise the conduct board on procedural matters.

     (13) Conduct board decisions involving individual students are confidential. However, the university may disclose the outcome of a disciplinary decision in compliance with the Family Educational Right to Privacy Act (FERPA) under the following exemptions:

     (a) Disclosure to university officials with a legitimate educational interest;

     (b) Disclosure to an alleged victim of any crime of violence;

     (c) Disclosure is in connection with a health or safety emergency; and

     (d) Future exemptions that may apply as amended by federal law. Students will be notified annually of any new exemptions that may apply.

     (14) Decisions involving student groups or living groups may be disclosed to the public pursuant to a Public Records request without violating individual students' privacy rights.

     (a) Personally-identifiable student information shall be redacted.

     (15) The student or student organization may be informed of the outcome of the hearing prior to receiving written notification.

     (16) The student or student organization shall be notified of the conduct board's decision within ten calendar days from the date the matter is heard. The student or student organization shall receive written notice of the decision, the reasons for the decision, the sanction, and the right to appeal.

     (17) Written notice of the decision is sent by certified and regular mail to the student or president of the student organization's last known address.

     (18) The written decision is the initial order. Any sanction imposed is effective from the date of the initial order.

     (19) If the student or student organization does not appeal the conduct board's decision within twenty-five calendar days from the date of the decision letter, it becomes the university's final order.

     (20) The conduct board hearing record shall include:

     (a) All documents relevant to the conduct board's decision, and

     (b) An audio recording of the proceedings.

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     (2) The conduct board's written decision is the initial order.

     (3) The university conduct board's initial order may be appealed to the university appeal board.

     (4) If the student does not appeal the conduct board's initial order within twenty-five calendar days from the date of the decision letter, it becomes the final university order.

     (5) An appeal letter shall be in writing and filed with the office of student affairs. The university officer may also submit written arguments on behalf of the university.

     (6) The following shall be the basis for an appeal:

     (a) A procedural error that materially affected the decision;

     (b) New information not previously available that would materially affect the decision.

     (c) The decision was not supported by substantial evidence;

     (d) The standards of conduct do not apply to the alleged conduct.

     (e) The sanction is too severe or inappropriate for the violation.

     (7) The student bears the burden of proof. Burden of proof means the student must prove they are not responsible for the violation of the standards of conduct.

     (8) The university appeal board shall review the record and make one of the following determinations:

     (a) Affirm the conduct board's decision;

     (b) Reverse the conduct board's decision;

     (c) Affirm, reverse or modify the sanctions imposed by the conduct board.

     (9) The student or student organization shall be notified of the appeal board's decision within ten calendar days from the date the matter is heard. The university appeal board's decision letter is the final order and shall advise the student or student organization of the right to judicial review.

     (a) The request for judicial review of a final university order shall be filed with the court within thirty-five calendar days of the date of the university appeal board's decision letter.

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     (c) Community service. Assignment of labor or responsibilities to any student or student organization within the university or local community may be imposed up to a maximum of eighty hours per student or per member of an organization.

     (((a))) (d) Disciplinary probation.((: This may include the imposition of)) Disciplinary probation means formal conditions ((for any)) are imposed on a student's ((or student organization)) continued attendance at the university for a specific period of time. ((If any condition of the probation is violated, this will constitute a new violation.)) Disciplinary probation serves as a warning that future misconduct may result in more severe sanctions.

     (((c))) (e) Restitution.((: This)) Restitution may include reimbursement for damaged or stolen property and any medical expenses ((resulting from the violation(s))) incurred by a person injured as a result of the student's or student organization's misconduct.

     (((d) Fines: Monetary fines up to five thousand dollars for any student organization or two hundred fifty dollars for any student may be imposed.))

     (((e))) (f) No contact order.((: P)) This may include a prohibition of direct or indirect physical and/or verbal contact with another individual or group ((may be imposed)).

     (((f) Assessment: Referral for drug/alcohol or psychological assessment may be required. Results of the assessment may be shared with the conduct administrator and conduct board. If the assessment by the counselor or physician recommends any condition(s), those recommendations may become conditions of the sanction. If the assessment indicates that the student is not capable of functioning within the university community, the student will be suspended until further assessment recommends that the student is capable of reentering the university.))

     (g) Loss of privileges. ((or exclusion from activities including:)) Loss of the right to reside in a specific housing unit or in any university-owned or approved housing, ((may be imposed; exclusion from participation in designated privileges and)) or loss of the right to participate in extracurricular activities for a specific periods of time ((may also be imposed)).

     (h) Loss of recognition or charter.((:)) A student organization's ((may have its)) recognition or charter ((withdrawn)) may be withheld((, either)) permanently or for a specific period of time. ((Loss of recognition can include loss of a)) A fraternity(('s)) or sorority(('s eligibility to provide approved freshman housing)) may be prohibited from housing freshmen.

     (((i) Censure: This is a written reprimand for any violation of university policy or campus regulation, including explicit notice to the student or student organization that continued or repeated violation of any policy or regulation may be cause for further disciplinary proceedings.))

     (((j))) (i) Hold on transcript and/or registration.((:)) This is a temporary measure restricting release of a student's transcript or access to registration. Upon satisfactory completion of the conditions of the sanction, the hold shall be released.

     (j) Revocation of degree. A student's degree may be revoked if it was falsely or fraudulently obtained, or if the student was dismissed from the university based on his or her misconduct.

     (((k) Negative notation on transcript: Entry of violation on the student's academic record may be made for suspension or expulsion.))

     (((l))) (k) Suspension.((: This is termination of)) The student ((status for a given)) is suspended for a specific period of time. Upon satisfactory completion of stated conditions, reinstatement shall be granted. A student may be excluded from specific areas of campus for safety reasons.

     (l) Dismissal. The student's enrollment is immediately terminated. Dismissal means that a student's academic relationship with the university is permanently ended.

     (((m) Expulsion: This is termination of student status for an indefinite period.))

     (((2) Any student who has been suspended or expelled may be excluded from specific areas of campus when there is a reasonable cause to believe that the student's presence there will lead to physical abuse, threats of violence, or conduct which threatens the health and safety of any person on university-owned or controlled property, in university-approved housing, or at an official event, or other conduct which interferes with the orderly functioning of the university.))

     (((3))) (m) Special sanctions for hazing. Pursuant to RCW ((28B.10.901)) 28B.10.902, additional sanctions will be imposed in cases where there is a finding of responsibility for hazing ((when the hazing amounts to any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any person attending Washington State University. The additional sanctions that will be imposed upon such a finding will be as follows)) as provided in RCW 28B.10.900 and WAC 504-25-035 as amended:

     (((a))) (i) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a specific period of time ((determined by the administrative hearing officer or the university conduct board)).

     (((b))) (ii) Any organization, association, or student living group that knowingly permits 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 ((a public institution of higher education)) Washington State University.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-230, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-230, filed 5/18/89, effective 7/1/89.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 504-25-231   Reconsideration of final orders.   (1) A student or student organization may file a written request for reconsideration with the university appeal board within fourteen calendar days from the date of the university's final order.

     (a) The written request for reconsideration shall state the specific basis for the request.

     (b) The request for reconsideration is intended to correct obvious mistakes in the order and is not an opportunity to reargue the case.

     (c) A request for reconsideration is not a prerequisite for obtaining judicial review with a court of law and denial of the request is not subject to judicial review.

     (d) The university appeal board has ten calendar days from the date of the request to consider the request for reconsideration. The university appeal board shall issue one of the following orders in response to the request:

     (i) Deny the request;

     (ii) Grant the request; or

     (iii) Dissolve or modify the sanctions.

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     (2) The disciplinary record is confidential.

     (((2))) (3) ((Any)) student may ((review)) request a copy of his((/)) or her own disciplinary records ((by contacting)) at his or her own reasonable expense by making a written request to the office of ((the vice-provost for)) student affairs.

     (a) Personally-identifiable student information shall be redacted to protect another student's privacy rights.

     (4) A student may authorize the release of his/her own disciplinary record to a third party in compliance with the Federal Educational Rights and Privacy Act (FERPA) by making a written request to the office of student affairs.

     (a) Identifying student information shall be redacted to protect another student's privacy rights.

     (((3))) (5) ((Any)) The university may inform an alleged victim ((may be informed)) of the ((result)) outcome of any disciplinary proceeding involving a crime of violence as defined by Federal Educational Rights and Privacy Act (FERPA).

     (((4))) (6) ((Except as outlined in these procedures, t)) The university ((will)) may not communicate a student's disciplinary record to any person or agency outside the university without the prior written consent of the student, except as required or permitted by law.

     (a) The student's parents or legal guardians may review a student's disciplinary record if the student is a minor or a dependent for tax purposes as defined by the Federal Educational Rights and Privacy Act (FERPA).

     (b) The university provides annual notification of a student's privacy rights in accordance with federal law.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-07-045, § 504-25-245, filed 3/8/95, effective 4/8/95; 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-25-245, filed 5/18/89, effective 7/1/89.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington State Administrative Code are repealed:

WAC 504-25-005	Prologue.
WAC 504-25-010	Introduction.
WAC 504-25-210	Disciplinary procedures.
WAC 504-25-225	The hearing.
WAC 504-25-220	Students charged with violations of the standards of conduct.
WAC 504-25-235	Appeals.
WAC 504-25-240	Other interventions.

© Washington State Code Reviser's Office