Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-14-087.

     Title of Rule and Other Identifying Information: Repeal of chapter 504-25 WAC, Standards of conduct for students and new chapter 504-26 WAC, Standards of conduct for students.

     Hearing Location(s): Washington State University, Lighty Room 405, Pullman, Washington, on October 17, 2006, at 3:45 p.m. - 5:00 p.m.

     Date of Intended Adoption: November 17, 2006.

     Submit Written Comments to: Ralph T. Jenks, Director, Procedures Records and Forms and University Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by October 17, 2006.

     Assistance for Persons with Disabilities: Contact Linda Nelson, (509) 335-3928, by October 10, 2006.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules for standards of conduct for students are being updated and clarified.

     Reasons Supporting Proposal: To update WSU's current code in conformance with national standards.

     Statutory Authority for Adoption: RCW 28B.30.150.

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

     Name of Proponent: Washington State University, public.

     Name of Agency Personnel Responsible for Drafting: Elaine Voss, Director, Student Conduct, (509) 335-4532; Implementation and Enforcement: Alton Jamison, Vice-President, Student Affairs, (509) 335-4531.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

September 1, 2006

Ralph T. Jenks, Director

Procedures Records and Forms and

University Rules Coordinator

OTS-9181.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 504-25-001	Terms of enrollment.
WAC 504-25-002	Washington State University.
WAC 504-25-003	Definition of a student.
WAC 504-25-011	Good standing.
WAC 504-25-013	Responsibility for guests.
WAC 504-25-014	Students studying abroad.
WAC 504-25-015	Academic dishonesty.
WAC 504-25-018	Copyright and intellectual property.
WAC 504-25-020	Discrimination.
WAC 504-25-025	Sexual offenses.
WAC 504-25-030	Physical abuse or threatened physical abuse.
WAC 504-25-035	Hazing is prohibited.
WAC 504-25-040	Harassment.
WAC 504-25-041	Malicious harassment.
WAC 504-25-042	Stalking.
WAC 504-25-043	Abuse of self or others.
WAC 504-25-045	Reckless endangerment.
WAC 504-25-050	Alcohol.
WAC 504-25-051	Effect of alcohol or drugs.
WAC 504-25-055	Drugs and drug paraphernalia.
WAC 504-25-060	Firearms and dangerous weapons.
WAC 504-25-065	Illegal entry and trespassing.
WAC 504-25-070	Theft or damage of property or services.
WAC 504-25-075	Safety equipment.
WAC 504-25-080	Misrepresentation, fraud and falsification of university records.
WAC 504-25-085	Computer abuses.
WAC 504-25-090	Disruption.
WAC 504-25-095	Disturbing the peace.
WAC 504-25-100	Public indecency.
WAC 504-25-105	Interference with university or student programs or activities.
WAC 504-25-110	Violation of university policies.
WAC 504-25-115	Violation of local ordinances, state or federal law.
WAC 504-25-120	Failure to comply with a proper order.
WAC 504-25-125	Assisting illegal or prohibited conduct.
WAC 504-25-130	Violation of a disciplinary sanction.
WAC 504-25-135	Failure to cooperate with a university investigation.
WAC 504-25-137	Misuse of keys or access cards.
WAC 504-25-138	Misuse of identification.
WAC 504-25-139	Identity theft.
WAC 504-25-140	Other conduct.
WAC 504-25-200	Disciplinary action.
WAC 504-25-201	Student rights.
WAC 504-25-202	Emergency interventions and interim action.
WAC 504-25-203	Parental notification.
WAC 504-25-205	Types of hearings.
WAC 504-25-215	University officer, conduct board, and appeal board.
WAC 504-25-221	Complaint.
WAC 504-25-222	Preliminary conference.
WAC 504-25-223	Notice.
WAC 504-25-224	Service of notice.
WAC 504-25-226	Administrative hearing.
WAC 504-25-227	Administrative hearing appeal.
WAC 504-25-228	Conduct board hearing.
WAC 504-25-229	Conduct board appeal.
WAC 504-25-230	Sanctions.
WAC 504-25-245	Records.
WAC 504-25-300	Introduction.
WAC 504-25-305	Overview of academic integrity procedures.
WAC 504-25-310	Definitions.
WAC 504-25-315	Academic integrity processes.
WAC 504-25-320	Reports of academic dishonesty.
WAC 504-25-325	Conduct officer and hearing boards.
WAC 504-25-330	Acts of academic dishonesty that violate the conduct regulations and the academic integrity standards.
WAC 504-25-335	Academic integrity procedures.
WAC 504-25-340	Rights of students charged with violations of the academic integrity standards.
WAC 504-25-350	Hearing guidelines.
WAC 504-25-355	Sanctions.
WAC 504-25-360	Appeals.
WAC 504-25-365	Finding of no responsibility.
WAC 504-25-370	Other interventions.
WAC 504-25-375	Records.

OTS-9182.2

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     (2) The term "appellate board" means any person or persons authorized by the vice-president for student affairs to consider an appeal from a student conduct board's determination as to whether a student has violated the standards of conduct for students or from the sanctions imposed by the student conduct officer.

     (3) The term "cheating" includes, but is not limited to:

     (a) Use of any unauthorized assistance in taking quizzes, tests, or examinations.

     (b) Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.

     (c) Acquisition, without permission, of tests or other academic material belonging to a member of the university faculty or staff.

     (d) Fabrication, which is the intentional invention or counterfeiting of information in the course of an academic activity. Fabrication includes, but is not limited to:

     (i) Counterfeiting data, research results, information, or procedures with inadequate foundation in fact;

     (ii) Counterfeiting a record of internship or practicum experiences;

     (iii) Submitting a false excuse for absence or tardiness.

     (e) Engaging in any behavior for the purpose of gaining an unfair advantage specifically prohibited by a faculty member in the course syllabus or class discussion.

     (f) Research misconduct. Falsification, fabrication, plagiarism, or other forms of dishonesty in scientific and scholarly research are prohibited. Complaints and inquiries involving cases of research misconduct are managed according to WSU's policy for responding to allegations of scientific misconduct. A finding of research misconduct is subject to sanctions by the office of student conduct. The policy for responding to allegations of scientific misconduct may be reviewed by contacting the vice-provost for research.

     (4) The term "complainant" means any person who submits a charge alleging that a student violated the standards of conduct for students.

     (5) The term "faculty member" for purposes of this chapter, means any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.

     (6) The term "gender identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to the person at birth.

     (7) The term "may" is used in the permissive sense.

     (8) The term "member of the university community" includes any person who is a student, faculty member, university official, or any other person employed by the university. A person's status in a particular situation is determined by the vice-president for student affairs.

     (9) The term "organization" means any number of persons who have complied with the formal requirements for university recognition.

     (10) The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

     (11) The term "policy" means the written regulations of the university as found in, but not limited to, the standards of conduct for students, residence life handbook, the university web page and computer use policy, and graduate/undergraduate catalogs.

     (12) The term "shall" is used in the imperative sense.

     (13) The term "student" includes all persons taking courses at the university, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the standards of conduct for students, who are not officially enrolled for a particular term but who have a continuing relationship with the university (including suspended students) or who have been notified of their acceptance for admission are considered "students" as are persons who are living in university residence halls, although not enrolled in this institution.

     (14) The term "student conduct officer" means a university official authorized by the vice-president for student affairs to manage conduct complaints including the imposition of sanctions upon any student(s) found to have violated the standards of conduct for students.

     (15) The term "university" means all locations of Washington State University.

     (16) The term "university conduct board" means those persons who, collectively, have been authorized by the vice-president for student affairs to determine whether a student has violated the standards of conduct for students and to impose sanctions when a rules violation has been committed.

     (17) The term "university official" includes any person employed by the university, performing assigned administrative or professional responsibilities.

     (18) The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks).

     (19) The vice-president for student affairs is that person designated by the university president to be responsible for the administration of the standards of conduct for students.

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AUTHORITY FOR STANDARDS OF CONDUCT FOR STUDENTS
NEW SECTION
WAC 504-26-100   Composition of conduct and appellate boards.   (1) The university conduct board shall be composed of five individuals appointed by the vice-president for student affairs: Two students, two faculty members, and a fifth person, who may be any category of university employee and who shall be named by the vice-president for student affairs as the chairperson of the board.

     Any three persons constitute a quorum of a conduct board and may act, provided that at least one student and the chairperson are present.

     (2) The appeals board shall be composed of three university employees appointed by the vice-president for student affairs. Three persons constitute a quorum of the appeals board.

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PROSCRIBED CONDUCT
NEW SECTION
WAC 504-26-200   Jurisdiction of the university standards of conduct for students.   The university standards of conduct for students shall apply to conduct that occurs on university premises, at university sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Each student is responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. The university has sole discretion to determine what conduct occurring off campus adversely impacts the university and/or the pursuit of its objectives.

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     (1) Cheating, plagiarism, or other forms of academic dishonesty such as:

     (a) Unauthorized collaborations on assignments;

     (b) Facilitation of dishonesty, including not challenging academic dishonesty;

     (c) Obtaining unauthorized knowledge of exam materials;

     (d) Unauthorized multiple submission of the same work; and

     (e) Sabotage of others' work.

     (2) Knowingly furnishing false information to any university official, faculty member, or office.

     (3) Forgery, alteration, or misuse of any university document, record, or instrument of identification.

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     (a) Hazing includes any activity expected of someone joining a group (or maintaining full status in a group) that causes or is likely to cause a risk of mental, emotional and/or physical harm, regardless of the person's willingness to participate.

     (b) Hazing activities may include but are not limited to the following: Abuse of alcohol during new member activities; striking another person whether by use of any object or one's body; creation of excessive fatigue; physical and/or psychological shock; morally degrading or humiliating games or activities that create a risk of bodily, emotional, or mental harm.

     (c) Hazing does not include practice, training, conditioning and eligibility requirements for customary athletic events such as intramural or club sports and NCAA athletics, or other similar contests or competitions, but gratuitous hazing activities occurring as part of such customary athletic event or contest are prohibited.

     (2) Washington state law also prohibits hazing which may subject violators to criminal prosecution. As used in RCW 28B.10.901 and 28B.10.902, "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 likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending a public or private institution of higher education or other postsecondary education institution in this state.

     (3) Washington state law (RCW 28B.10.901) also provides sanctions for hazing:

     (a) Any person who violates this rule, in addition to other sanctions that may be imposed, shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the university.

     (b) Any organization, association, or student living group that knowingly permits hazing by its members or others subject to its direction or control shall be deprived of any official recognition or approval granted by the university.

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     (1) Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

     (2) Unauthorized transfer of a file.

     (3) Use of another individual's identification and/or password.

     (4) Use of computing facilities and resources to interfere with the work of another student, faculty member, or university official.

     (5) Use of computing facilities and resources to send obscene, harassing, or threatening messages.

     (6) Use of computing facilities and resources to interfere with normal operation of the university computing system.

     (7) Use of computing facilities and resources in violation of copyright laws.

     (8) Any violation of the university computer use policy found at http://www.wsu.edu/~forms/HTML/EPM/EP4_Electronic_Publishing_Policy.htm

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     (1) Failure to obey the notice from a university conduct board or university official to appear for a meeting or hearing as part of the student conduct system.

     (2) Willful falsification, distortion, or misrepresentation of information before a student conduct board.

     (3) Disruption or interference with the orderly conduct of a student conduct board proceeding.

     (4) Filing fraudulent charges or initiating a student conduct code proceeding in bad faith.

     (5) Attempting to discourage an individual's proper participation in, or use of, the student conduct system.

     (6) Attempting to influence the impartiality of a member of a university conduct board prior to, and/or during the course of, the student conduct board proceeding.

     (7) Harassment (verbal or physical) and/or intimidation of a member of a university conduct board prior to, during, and/or after a student conduct code proceeding.

     (8) Failure to comply with the sanction(s) imposed under the standards of conduct for students.

     (9) Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

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     (2) Consent to sexual activity requires that, at the time of the act, there are actual words or conduct demonstrating freely given agreement to sexual activity-silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:

     (a) Force or blackmail is threatened or used to procure compliance with the sexual activity; or

     (b) The person is unconscious or physically unable to communicate his or her unwillingness to engage in sexual activity; or

     (c) The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the influence of alcohol or another substance, or some other cause.

     (3) A person commits voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable expectation of privacy.

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RULES AND REGULATIONS
NEW SECTION
WAC 504-26-301   Malicious intent.   If a student is found to have violated any provision of this code as a result of causing injury to another or to another's property, or as a result of placing another in reasonable fear of injury to self or property, and if the accused intentionally selected the victim based upon the accused's perception of the victim's race, color, religion, ancestry, national or ethnic origin, gender, sexual orientation, gender identity, or mental, physical, sensory handicap, or veteran status, such finding is considered an aggravating factor in determining a sanction for such conduct.

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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) When a student is charged by federal, state, or local authorities with a violation of law, the university does not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the standards of conduct for students, the university may advise off-campus authorities of the existence of the standards and of how such matters are typically handled within the university community. The university attempts to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the university community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

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STUDENT CONDUCT CODE PROCEDURES
NEW SECTION
WAC 504-26-401   Complaints and student conduct process.   (1) Any member of the university community may file a complaint against a student for violations of the standards of conduct for students. A complaint is prepared in writing and directed to a student conduct officer. Any complaint is to be submitted as soon as possible after the event takes place, preferably within thirty days.

     (2) A student conduct officer, or designee, may review and investigate any complaint to determine whether it appears to state a violation of the code of conduct. If a conduct officer determines that a complaint appears to state a violation of the student code of conduct, she or he considers whether the matter might be resolved through agreement with the accused or through alternative dispute resolution proceedings involving the complainant and the accused. The complainant and the accused are informed of university options for alternative dispute resolution and may request that the matter be addressed using alternative dispute resolution techniques. Generally, the accused and complainant must agree to the use of alternative dispute resolution techniques. If the accused and the student conduct officer reach an agreed resolution of the complaint, the disposition is final; there is no right to appeal from an agreed disposition.

     (3) If the conduct officer has determined that a complaint has merit and if the matter is not resolved through agreement or alternative dispute resolution, the matter is handled through either a conduct officer hearing or as a conduct board hearing.

     (a) When the allegation involves a student/university community complainant and the accused disputes the facts and/or denies responsibility, the matter is referred to the university conduct board.

     (b) If the possible or recommended sanction is expulsion or suspension, except for suspensions resulting from violations of the alcohol or drug provisions of this code, the matter is referred to the university conduct board.

     (c) Matters other than those listed in (a) and (b) of this subsection are heard by a conduct officer, unless the conduct officer exercises his or her discretion to refer the matter to a conduct board at any time before a decision 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 conduct officer and such decision is not subject to appeal.

     (4) The student conduct officer provides complainants who have been targets of alleged misconduct or who feel victimized thereby with names of WSU and community advocates or resources who may be able to help the complainant address his or her concerns about the behaviors and provide support to the complainant throughout the conduct process. Due to federal privacy law, the university may not disclose to the complainant any sanctions taken against the accused student, unless the complainant was the victim of a violent crime for which the accused was found responsible as defined under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 CFR Part 99), or the accused student consents to such disclosure.

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     (a) The conduct officer provides notice by personal delivery or by regular United States mail addressed to the student or student organization at his, her, or its last known address. Duplicate notice may be provided by electronic mail.

     (b) If the student is no longer enrolled at the time notice is sent, the notice is sent to the student's permanent address recorded in the registrar's files. The student or student organization is responsible for maintaining an updated mailing address on file with the registrar.

     (c) Any request to continue the conduct officer conference/hearing should be addressed to the conduct officer.

     (2) In order that any informality in disciplinary proceedings not mislead a student as to the seriousness of the matter under consideration, the student is informed of the potential sanctions involved at the initial conference or hearing.

     (3) After a review of the evidence and interviewing the student(s) involved in the case, the conduct officer may take any of the following actions:

     (a) Terminate the proceeding exonerating the student or students;

     (b) Dismiss the case;

     (c) Impose verbal warning to the student directly, not subject to the student's right of appeal as provided in this code;

     (d) Impose additional sanctions of reprimand, probation, or, for violations of alcohol or drug policies, suspension. Such sanctions are subject to the student's right of appeal as provided in this code; or

     (e) Refer the matter to the student conduct board pursuant to WAC 504-26-401(3).

     (4) The student is notified in writing of the determination made by the conduct officer within ten business days of the proceeding. The student is also notified of his or her right to appeal pursuant to WAC 504-26-407.

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     (a) If the student is no longer enrolled at the time notice is sent, the notice is sent to the student's permanent address recorded in the registrar's files.

     (b) The student or student organization is responsible for keeping an updated mailing address on file with the registrar.

     (2) The written notice shall be completed by the conduct officer and shall include:

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

     (b) The approximate time and place of the alleged act that forms the factual basis for the charge of violation;

     (c) The time, date, and place of the hearing;

     (d) A list of the witnesses who may be called to testify, to the extent known;

     (e) A description of all documentary and real evidence to be used at the hearing, to the extent known, including a statement that the student shall have the right to inspect his or her student conduct file.

     (3) Time for hearings.

     (a) The conduct board hearing is scheduled not less than seven days after the student has been sent notice of the hearing, except in the case of interim suspensions as set forth in WAC 504-26-406. Ordinarily, the hearing occurs within fifteen days of notice.

     (b) Requests to continue the hearing date must be addressed to the chair of the university conduct board. Requests made by an accused student must be copied to the office of student conduct; requests made by the office of student conduct must be copied to the accused student. A continuance is granted only upon a showing of good cause.

     (4) University conduct board hearings are conducted by a university conduct board according to the following guidelines, except as provided by subsection (6) of this section:

     (a) Procedures:

     (i) University conduct board hearings are conducted in private.

     (ii) The complainant, accused student, and his or her advisor, if any, are allowed to attend the entire portion of the university conduct board hearing at which information is received (excluding deliberations). Admission of any other person to the university conduct board hearing is at the discretion of the university conduct board chair and/or the student conduct officer.

     (iii) In university conduct board hearings involving more than one accused student, the student conduct officer, at his or her discretion, may permit joint or separate hearings.

     (iv) In university conduct board hearings involving graduate students, board memberships are comprised to include graduate students and graduate teaching faculty to the extent possible.

     (v) The complainant and the accused student have the right to be assisted by an advisor they choose, at their own expense. The complainant and/or the accused student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any university conduct hearing. An advisor may communicate with the accused and recesses may be allowed for privacy. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the university conduct board hearing because delays are not normally allowed due to the scheduling conflicts of an advisor.

     (vi) The complainant, the accused student, and the student conduct officer may arrange for witnesses to present pertinent information to the university conduct board. The conduct officer tries to arrange the attendance of possible witnesses who are identified by the complainant. Complainant witnesses must provide written statements to the conduct officer at least two weekdays prior to the hearing. Witnesses identified by the accused student must provide written statements to the conduct officer at least two weekdays prior to the conduct hearing. The accused student is responsible for informing his or her witnesses of the time and place of the hearing. Witnesses provide information to and answer questions from the university conduct board. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. Written questions are directed to the conduct board chair, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an unduly adversarial environment, and to allow the board chair to determine the relevancy of questions. Questions concerning whether potential information may be received are resolved at the discretion of the chair of the university conduct board.

     (vii) Pertinent records, exhibits, and written statements (including student impact statements) may be accepted as information for consideration by a university conduct board at the discretion of the chair.

     (viii) Questions related to the order of the proceedings are subject to the final decision of the chair of the university conduct board.

     (ix) After the portion of the university conduct board hearing concludes in which all pertinent information is received, the student conduct board shall determine (by majority vote) whether the accused student has violated each section of the standards of conduct for students as charged.

     (x) The university conduct board's determination is made on the basis of a "preponderance of the evidence," that is, whether it is more likely than not that the accused student violated the standards of conduct for students.

     (xi) Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in conduct proceedings. Evidence, including hearsay, is admissible if it is the type of evidence that reasonable members of the university community would rely upon in the conduct of their affairs. Additionally, rules of privilege and relevancy apply.

     (b) The student or student organization is notified of the conduct board's decision within ten calendar days from the date the matter is heard. The student or organization shall receive written notice of the decision, the reasons for the decision (both the factual basis therefore and the conclusions as to how those facts apply to the conduct code), the sanction, notice that the order will become final unless internal appeal is filed within twenty-one days of the date the letter was personally delivered or deposited in the U.S. mail, and a statement of how to file an appeal.

     (i) The conduct board's written decision is sent by regular mail or personal delivery, and may also be sent by electronic mail to the student's or the president of the student organization's last known address, as recorded in the registrar's files.

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

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

     (5) There is a single verbatim record, such as a tape recording, of all university conduct board hearings (not including deliberations). Deliberations are not recorded. The record is the property of the university.

     (6) If an accused student who has been provided notice of the hearing does not appear before a university conduct board hearing, the information in support of the complaint is presented and considered in his or her absence, and the board may issue a decision based upon that information.

     (7) The university conduct board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, and/or by permitting participation by telephone, audio tape, written statement, or other means, as determined in the sole judgment of the vice-president for student affairs or designee to be appropriate.

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     (2) The instructor shall notify the office of student conduct of the violation.

     (3) If the violation is a first offense for the student, the office of student conduct sends a warning letter to the student informing him or her that a conduct file has been created. The office of student conduct takes no additional action unless the violation is serious enough to warrant further action or the student denies the allegation(s) and requests a hearing.

     (4) If the student has a prior academic integrity violation, the case is handled according to the normal conduct procedures. Hearing officers for academic integrity matters are teaching faculty trained as university conduct board members. Serious or multiple violations which may result in suspension or expulsion are referred to a university conduct board.

     (5) A student wishing to appeal a grade assigned by the instructor must follow academic regulation 104 in the university catalog. To view the catalog, go to the registrar's office web site at: http://www.registrar.wsu.edu.

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     (a) Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.

     (b) Probation. Formal action placing conditions upon the student's continued attendance at the university. Probation is for a designated period of time and warns the student that suspension or expulsion may be imposed if the student is found to violate any institutional regulation(s) or fails to complete his or her conditions of probation during the probationary period. A student on probation is not eligible to run for or hold an office in any student group or organization; she or he is not eligible for certain jobs on campus, including but not limited to resident advisor or orientation counselor, and she or he is not eligible to serve on the university conduct board.

     (c) Loss of privileges. Denial of specified privileges for a designated period of time.

     (d) Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

     (e) Education. The university may require the student to complete an educational project designed to create an awareness of the student's misconduct.

     (f) Community service. Imposition of service hours (not to exceed eighty hours per student or per member of an organization).

     (g) Residence hall suspension. Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

     (h) Residence hall expulsion. Permanent separation of the student from the residence halls.

     (i) University suspension. Separation of the student from the university for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. (More than two violations of the university's alcohol and drug policy may result in a minimum one semester suspension.)

     (j) University expulsion. Permanent separation of the student from the university.

     (k) Revocation of admission and/or degree. Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or other violation of university standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

     (l) Withholding degree. The university may withhold awarding a degree otherwise earned until the completion of the process set forth in this student conduct code, including the completion of all sanctions imposed, if any.

     (m) Trespass. A student may be restricted from university property based on his or her misconduct.

     (n) Loss of recognition. A student organization's recognition may be withheld permanently or for a specific period of time. A fraternity or sorority may be prohibited from housing freshmen. Loss of recognition is defined as withholding university services or administrative approval from a student organization. Services and approval to be withdrawn include, but are not limited to, intramural sports (although individual members may participate), information technology services, university facility use and rental, campus involvement office organizational activities, and office of Greek life advising.

     (o) 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 is released.

     (p) No contact order. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.

     (2) More than one of the sanctions listed above may be imposed for any single violation.

     (3) Other than university expulsion or revocation or withholding of a degree, disciplinary sanctions are not made part of the student's permanent academic record, but shall become part of the student's disciplinary record.

     (4) In cases heard by university conduct boards, sanctions are determined by that board. The student conduct officer has the authority to assign sanctions in conduct officer hearings or cases in which the accused student takes responsibility for violations of the standards of conduct for students.

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     (1) Interim suspension may be imposed only in situations involving an immediate danger to the health, safety or welfare of:

     (a) Any part of the university community or public at large; or

     (b) The student's own physical safety and well-being.

     (2) Conduct that creates an ongoing disruption of, or interference with, the operations of the university and that prevents other students, employees, or invitees from members of the university community from completing their duties as employees or students, is conduct harmful to the welfare of members of the university community.

     (3) During the interim suspension, a student may be denied access to the residence halls, and/or to the campus (including classes), and/or all other university activities or privileges for which the student might otherwise be eligible, as the vice-president for student affairs or designee may determine to be appropriate.

     (4) The vice-president for student affairs or designee ordering an interim suspension prepares a brief written decision containing the reasons for the decision (both the factual basis and the conclusions as to why those facts constitute a violation of the student code of conduct), and the policy reasons for the interim suspension. The vice-president of student affairs or designee sends copies of the decision by personal delivery or by U.S. mail to all persons or offices bound by it (including, at a minimum, the suspended student and the office of student conduct).

     (5) The interim suspension does not replace the regular hearing process, which shall proceed to hearing as quickly as feasible, ordinarily within five working days where the accused student has not consented to a longer time frame.

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     (a) The university president or designee, of his or her own initiative, may direct that an appeals board be convened to review a conduct board decision without notice to the parties. However, the appeals board may not take any action less favorable to the accused student(s), unless notice and an opportunity to explain the matter is first given to the accused student(s).

     (b) The accused and the office of student conduct may explain their views of the matter to the appeals board in writing.

     (c) The appeals board shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal adjudicative hearing under the Administrative Procedure Act (chapter 34.05 RCW).

     (2) Except as required to explain the basis of new information, an appeal is limited to a review of the verbatim record of the university conduct board hearing and supporting documents for one or more of the following purposes:

     (a) To determine whether the university conduct board hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the standards of conduct for students were violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures are not a basis for sustaining an appeal unless significant prejudice results.

     (b) To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the standards of conduct for students occurred.

     (c) To determine whether the sanction(s) imposed were appropriate for the violation of the standards of conduct for students which the student was found to have committed.

     (d) To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original student conduct board hearing.

     (3) The university appeals board shall review the record and any briefing filed by the parties and make one of the following determinations:

     (a) Affirm, reverse or modify the conduct board's decision;

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

     (4) The appeal board's decision is entered within twenty calendar days from the date of the appeal letter. By the close of the next business day following entry of the order, the decision is provided to the accused student(s) by personal delivery or deposited into the United States mail addressed to the last known address of the accused student(s). It is the student's responsibility to maintain a correct and updated address with the registrar. The university appeal board's decision letter is the final order and shall advise the student or student organization that judicial review may be available.

     (5) The appeals board decision is effective as soon as the order is signed. A petition to delay the date that the order becomes effective (a "petition for stay") may be directed to the chair of the appeals board within ten days of the date the order was delivered to the student or placed in the U.S. mail. The chair shall have authority to decide whether to grant or deny the request.

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RECORDS
NEW SECTION
WAC 504-26-501   Records.   (1) Disciplinary records are maintained in accordance with the university's records retention schedule.

     (2) The disciplinary record is confidential.

     (3) A student may request a copy of his or her own disciplinary record at his or her own reasonable expense by making a written request to the office of student conduct.

     (4) Personally identifiable student information is redacted to protect another student's privacy.

     (5) A student may authorize release of his or her own disciplinary record to a third party in compliance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 CFR Part 99) by making a written request to the office of student conduct.

     (6) The university may inform the complainant of the outcome of any disciplinary proceeding involving a crime of violence as defined by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

     (7) The university 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. Exceptions include but are not limited to:

     (a) The student's parents or legal guardians may review these records if the student is a minor or a dependent for tax purposes as defined by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

     (b) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

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INTERPRETATION AND REVISION
NEW SECTION
WAC 504-26-601   Interpretations.   Any question of interpretation or application of the standards of conduct for students is referred to the vice-president for student affairs or designee for final determination.

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