PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed house-keeping amendments to TITLE 478 WAC rules update the names of internal UW units or individuals responsible for various administrative duties in WAC 478-120-020, 478-124-020, and 478-250-050; update obsolete reference citations in WAC 478-124-030; and correct a Washington state register filing error in WAC 478-276-060.
Citation of Existing Rules Affected by this Order: Amending WAC 478-120-020, 478-124-020, 478-124-030, 478-250-050, and 478-276-060.
Statutory Authority for Adoption: RCW 28B.20.130.
Other Authority: RCW 28B.20.130.
Adopted under notice filed as WSR 06-21-078 on October 17, 2006.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.
Date Adopted: January 4, 2007.
Rebecca Goodwin Deardorff
UW Director of Rules Coordination
OTS-9299.1
AMENDATORY SECTION(Amending WSR 96-10-051, filed 4/29/96,
effective 5/30/96)
WAC 478-120-020
Standards of conduct.
(1) The
university is a public institution having special
responsibility for providing instruction in higher education,
for advancing knowledge through scholarship and research, and
for providing related services to the community. As a center
of learning, the university also has the obligation to
maintain conditions conducive to freedom of inquiry and
expression to the maximum degree compatible with the orderly
conduct of its functions. For these purposes, the university
is governed by the rules, regulations, procedures, policies,
and standards of conduct that safeguard its functions and
protect the rights and freedoms of all members of the academic
community.
(2) Admission to the university carries with it the presumption that students will conduct themselves as responsible members of the academic community. As a condition of enrollment, all students assume responsibility to observe standards of conduct that will contribute to the pursuit of academic goals and to the welfare of the academic community. That responsibility includes, but is not limited to:
(a) Practicing high standards of academic and professional honesty and integrity;
(b) Respecting the rights, privileges, and property of other members of the academic community and visitors to the campus, and refraining from any conduct that would interfere with university functions or endanger the health, welfare, or safety of other persons;
(c) Complying with the rules, regulations, procedures, policies, standards of conduct, and orders of the university and its schools, colleges, and departments.
(3) Specific instances of misconduct include, but are not limited to:
(a) Conduct that intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the university campus and is not constitutionally and/or legally protected;
(b) Physical abuse of any person, or conduct intended to threaten imminent bodily harm or to endanger the health or safety of any person on the university campus;
(c) Conduct on the university campus constituting a sexual offense, whether forcible or nonforcible, such as rape, sexual assault, or sexual harassment;
(d) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on the university campus;
(e) Refusal to comply with any lawful order to leave the university campus or any portion thereof;
(f) Possession or use of firearms, explosives, dangerous
chemicals or other dangerous weapons or instrumentalities on
the university campus, except for authorized university
purposes, unless prior written approval has been obtained from
the ((vice-president for student affairs)) university chief of
police, or any other person designated by the president of the
university (see WAC 478-124-020 (2)(e)) (legal defense sprays
are not covered by this section);
(g) Unlawful possession, use, distribution, or manufacturer of alcohol or controlled substances (as defined in chapter 69.50 RCW) on the university campus or during university-sponsored activities;
(h) Intentionally inciting others to engage immediately in any unlawful activity, which incitement leads directly to such conduct on the university campus;
(i) Hazing, or conspiracy to engage in hazing, which includes:
(i) 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 the university; and
(ii) Conduct associated with initiation into a student organization or living group, or any pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of (i)(i) of this subsection, but including such conduct as humiliation by ritual act and sleep deprivation. Consent is no defense to hazing. Hazing does not include customary athletic events or other similar contests or competitions;
(j) Falsely reporting a violation of the student conduct code.
(4) Disciplinary action may be taken in accord with this chapter regardless of whether that conduct also involves an alleged or proven violation of law.
(5) An instructor has the authority to exclude a student from any class session in which the student is disorderly or disruptive. If the student persists in the disorderly or disruptive conduct, the instructor should report the matter to the dean of the school or college in which the student is enrolled. (See WAC 478-120-030(3).)
(6) Nothing herein shall be construed to deny students their legally and/or constitutionally protected rights.
[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 96-10-051, § 478-120-020, filed 4/29/96, effective 5/30/96; Order 72-9, § 478-120-020, filed 11/30/72.]
OTS-9300.1
AMENDATORY SECTION(Amending WSR 91-10-030, filed 4/24/91,
effective 5/25/91)
WAC 478-124-020
Conduct on campus code -- Prohibited
conduct.
(1) In order to safeguard the right of every citizen
to criticize and to seek meaningful change, each individual
has an obligation to respect the rights of all members of the
university community.
(2) In order to assure those rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its special contribution to society, the following types of conduct are hereby prohibited on or in property either owned, controlled or operated by the university which is used or set aside for university purposes, hereinafter referred to as the university campus:
(a) Conduct which intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the university campus;
(b) Physical abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on the university campus;
(c) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on the university campus;
(d) Refusal to comply with any lawful order to leave the university campus or any portion thereof;
(e) Possession or use of firearms, explosives, dangerous
chemicals or other dangerous weapons or instrumentalities on
the university campus, except for authorized university
purposes, unless prior written approval has been obtained from
the ((vice president for student affairs)) university chief of
police, or any other person designated by the president of the
university;
(f) Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances (as defined in chapter 69.50 RCW) on the university campus or during university-sponsored activities;
(g) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is that advocacy which prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)
[Statutory Authority: RCW 28B.20.130. 91-10-030, § 478-124-020, filed 4/24/91, effective 5/25/91; Order 72-7, § 478-124-020, filed 11/30/72.]
(2) Disciplinary action which may result in dismissal from the university will be initiated against faculty, staff, or students who violate these rules, in accordance with the applicable disciplinary codes or other appropriate due process procedures.
(3) Sanctions which may be imposed against faculty are set forth in the University of Washington Handbook, Volume II, Chapter 25, Sections 25-51 and 25-71.
(4) Sanctions which may be imposed against students are set forth in WAC 478-120-040.
(5) Sanctions which may be imposed against the classified
staff are set forth in ((WAC 251-11-010 through 251-11-130))
the relevant University of Washington labor contract for
contract-classified staff, and in TITLE 357 WAC and applicable
university policy for classified nonunion staff.
(6) Sanctions which may be imposed against the
professional staff are set forth in the University of
Washington Professional Staff ((Personnel)) Program((,
University of Washington Operations Manual, D 42.1, Section
7(c))).
(7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of the city of Seattle, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the university.
[Statutory Authority: RCW 28B.20.130. 91-10-030, § 478-124-030, filed 4/24/91, effective 5/25/91; Order 72-7, § 478-124-030, filed 11/30/72.]
OTS-9301.1
AMENDATORY SECTION(Amending WSR 05-08-064, filed 3/31/05,
effective 5/1/05)
WAC 478-250-050
University rules coordination.
(1)
Coordination of university rules shall be conducted by the
rules coordination office, which reports to the office of the
((vice-provost)) president.
(2) The director of the rules coordination office shall have knowledge of the subjects of rules being proposed or prepared within the university, maintain the records of any such action, and respond to public inquiries about possible, proposed, or existing rules and the identity of university personnel developing, reviewing, or commenting on them.
[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW, RCW 42.17.260 and 42.17.290. 05-08-064, § 478-250-050, filed 3/31/05, effective 5/1/05. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-250-050, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-250-050, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-250-050, filed 4/24/91, effective 5/25/91.]
OTS-9302.1
AMENDATORY SECTION(Amending WSR 06-17-131, filed 8/22/06,
effective 9/22/06)
WAC 478-276-060
Public records officer.
For purposes of
compliance with chapter 42.56 RCW, the person designated as
public records officer for the University of Washington is the
director of public records and open public meetings. Duties
for this individual shall include but not be limited to: The
implementation of the university's rules and regulations
regarding release of public records, coordinating the staff of
the public records and open public meetings office in this
regard, and generally coordinating compliance by the
university with the public records disclosure requirements of
chapter 42.56 RCW. The person so designated shall be at the
following location:
University of Washington
Public Records and Open Public Meetings Office
(([Visitors Information Center]
[4311 11th Ave. N.E.
Suite 360]
[4014 University Way N.E.]))
4311 11th Ave. N.E.
Suite 360
Seattle, WA 98105(([-6203]))
(for internal campus mail use: Box (([354997] [355502]))
354997).
[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, § 478-276-060, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. 06-13-021, § 478-276-060, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-060, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-276-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-276-060, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-060, filed 10/2/81; Order 73-5, § 478-276-060, filed 5/29/73.]