WASHINGTON STATE UNIVERSITY

[Filed February 17, 2020, 8:52 a.m., effective February 17, 2020, 8:52 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The university is updating the rules regarding student conduct related to the composition of a conduct board.

Note: This emergency rule-making order was originally filed on October 22, 2019. A preproposal for similar permanent rules was filed on October 23, 2019, as WSR 19-21-171, with a proposal filed on January 2, 2020, as WSR 20-02-107, and intended for adoption on March 13, 2020.

Citation of Rules Affected by this Order: Amending WAC 504-26-110.

Statutory Authority for Adoption: RCW 28B.30.150.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The amount of time required for Washington State University (WSU) to currently schedule student conduct hearings presents potential Title IX (of the Civil Rights Act) compliance concerns and may negatively impact both reporting and responding students awaiting a conduct hearing. Therefore, WSU proposes an emergency change to WAC 504-26-110 in order to reduce the difficulty in scheduling cases for a hearing. This change reduces the university conduct board's size from five members to three members, in alignment with the academic integrity hearing board and the university appeals board. This reduction in size will reduce waiting times for hearings by providing more availability of conduct board members in the established conduct board member pool and by providing more flexibility in the scheduling of hearings. Reduced waiting times and more flexible hearing schedules will reduce the risk of noncompliance with Title IX's timely resolution requirements, while also promoting the well-being of reporting and responding students awaiting a conduct board hearing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: February 17, 2020.

Deborah L. Bartlett, Director

Procedures, Records, and Forms

and University Rules Coordinator

AMENDATORY SECTION(Amending WSR 18-23-083, filed 11/19/18, effective 12/20/18)

WAC 504-26-110Composition of conduct board.

A conduct board must consist of ((five))three members. A quorum of ((five))three is needed to hear a matter. The presiding officer is not a member of the conduct board and therefore is not considered for purposes of determining whether there is a quorum. A ((majority of))minimum of one conduct board member((s)) hearing a matter must be an enrolled WSU student((s)) (undergraduate, graduate, or professional) and may be full-time or part-time. The remaining members may be students, or full-time or part-time faculty or staff of any rank or classification. When the complainant or respondent is enrolled at a particular campus, at least one member of the conduct board must be from that campus. No conduct board member may serve on a case if the member previously served on a board in a case involving the same complainant or respondent.