Title of Rule and Other Identifying Information: Housekeeping amendments to TITLE 478 WAC rules, including twenty-five sections from five chapters.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Housekeeping amendments to TITLE 478 WAC rules are needed for the following reasons:

     •     Punctuation errors are corrected in WAC 478-108-010.

     •     Contact information is updated in WAC 478-108-020, 478-160-085, 478-160-110, 478-160-125, 478-160-130, 478-160-140, 478-160-175, 478-160-320, and 478-324-130.

     •     Amendments that clarify the meaning of a rule without changing its effect are made in WAC 478-120-020, 478-120-030, 478-120-050, 478-120-065, 478-120-085, 478-120-095, 478-120-145, 478-138-060, 478-160-085, 478-160-110, 478-160-125, 478-160-130, 478-160-140, 478-160-320, 478-324-045, and 478-324-140.

     •     Job titles are updated in WAC 478-120-025, 478-120-030, 478-120-050, 478-120-065, 478-120-075, 478-120-085, 478-120-095, 478-120-140, 478-120-145, 478-138-030, and 478-160-231.

     Also, several sections contain more than one type of housekeeping correction.

     Reasons Supporting Proposal: Housekeeping amendments to the University of Washington's WAC rules keep the rules updated and accurate for use by students, staff and the public.

     Statutory Authority for Adoption: RCW 28B.20.130.

     Statute Being Implemented: RCW 28B.20.130.

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

     Name of Proponent: University of Washington, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rebecca Goodwin Deardorff, Director for Rules Coordination, 448 Gerberding Hall, Box 351210, Seattle, WA 98195-1210, (206) 543-9219.

August 18, 2010

Rebecca Goodwin Deardorff

UW Director of

Rules Coordination

OTS-3557.2

AMENDATORY SECTION(Amending WSR 09-08-016, filed 3/23/09, effective 4/23/09)

WAC 478-108-010   Matters subject to brief adjudication.   This rule is adopted in accordance with RCW 34.05.479 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

     (1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;

     (2) Appeals from traffic((,)) and parking violations, and skateboard impoundment, as provided for in chapters 478-116, 478-117 and 478-118 WAC;

     (3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;

     (4) Proceedings under the animal control policy as detailed in chapter 478-128 WAC;

     (5) Requests for reconsideration of admission decisions as provided for in chapter 478-160 WAC;

     (6) Appeals of library charges as provided in chapter 478-168 WAC;

     (7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;

     (8) Federal financial aid appeals as provided for by federal law; and

     (9) Collection of outstanding debts owed by students or employees.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. 09-08-016, § 478-108-010, filed 3/23/09, effective 4/23/09. Statutory Authority: Chapter 34.05 RCW. 02-15-174, § 478-108-010, filed 7/24/02, effective 8/24/02; 02-08-023, § 478-108-010, filed 3/26/02, effective 5/1/02; 90-15-005, § 478-108-010, filed 7/6/90, effective 8/6/90.]

     University of Washington

     Rules Coordination Office

     ((4046 12th Ave. N.E.))

     Room 448 Gerberding Hall

     Box 351210

     Seattle, WA ((98105)) 98195-1210

(((for internal campus mail use: Box 355509)) or by e-mail ((rules@u.washington.edu)) at rules@uw.edu). An application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless otherwise provided for by statute or rule.

[Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. 06-13-021, § 478-108-020, 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. 97-14-004, § 478-108-020, filed 6/19/97, effective 7/20/97. Statutory Authority: Chapter 34.05 RCW. 90-15-005, § 478-108-020, filed 7/6/90, effective 8/6/90.]

OTS-3558.1

AMENDATORY SECTION(Amending WSR 07-23-068, filed 11/19/07, effective 12/20/07)

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 university premises or in connection with any university-sponsored event or activity 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 university premises;

     (c) Conduct on university premises 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 university premises;

     (e) Refusal to comply with any lawful order to leave university premises or any portion thereof;

     (f) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on university premises, except for authorized university purposes, unless prior written approval has been obtained from the 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 university premises or during university-sponsored activities;

     (h) Intentionally inciting others to engage immediately in any unlawful activity, which incitement leads directly to such conduct on university premises;

     (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, or, at the University of Washington Bothell and Tacoma campuses, to the dean or director of the program 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. 07-23-068, § 478-120-020, filed 11/19/07, effective 12/20/07. Statutory Authority: RCW 28B.20.130. 07-03-069, § 478-120-020, filed 1/17/07, effective 2/17/07. 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.]

     (1) A student may be subject to disciplinary proceedings under the student conduct code if:

     (a) The university is made aware that a court of competent jurisdiction has determined that such student has engaged in intentional unlawful conduct off-campus that involves the physical harm or abuse, or a direct threat of the physical harm or abuse, of any person, including but not limited to homicide, assault, kidnapping, armed robbery, arson, rape or sexual assault, criminal harassment, criminal stalking or the unlawful possession, use, storage or manufacture of weapons or destructive devices; and

     (b) The university determines that a significant university interest is affected.

     (2) A student may also be subject to disciplinary proceedings under the student conduct code if the university is made aware that the student has engaged in off-campus conduct that involves the physical harm or abuse, or the direct threat of physical harm or abuse, of another university student, or a university faculty or staff member. Disciplinary proceedings may be initiated under this section regardless of whether or not the incident is subject to criminal or civil proceedings.

     (3) In furtherance of the university's interest in maintaining a positive relationship with its surrounding community, the university shall also have the authority to hold students accountable under the student conduct code for conduct within the "North of 45th" residential community immediately adjacent to the Seattle campus (bounded by NE 45th Street on the south, 15th Ave NE on the west, 22nd Ave NE and north of 54th Street, Ravenna Ave NE on the east and Ravenna Park on the north and including all residences located on either side of each of the aforementioned streets) as follows:

     (a) A student may be subject to disciplinary proceedings under the code if the university is made aware that the student has been cited by the Seattle police or the university police for, and is determined to have committed, a violation of any state statute or city of Seattle municipal ordinance prohibiting misconduct that has a direct and significant quality-of-life impact on community residents, including but not limited to, creating a public nuisance due to noise, theft, intentional destruction of property, urinating in public, or criminal trespass.

     (b) A first violation under (a) of this subsection will not subject the student to disciplinary sanctions under WAC 478-120-040 if the student voluntarily meets with a representative of the office of the vice-president and vice-provost for student life to receive information and counseling regarding his or her responsibilities as a university community member and as a resident in the area. A second violation will not be subject to disciplinary sanctions if the student involved agrees to participate, in good faith, in a mediation with the person or persons affected by the misconduct under a mediation protocol established by the office of the vice-president and vice-provost for student life.

     (4) Nothing herein shall be construed as being intended to protect any person or class of persons from injury or harm, or 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. 07-23-068, § 478-120-025, filed 11/19/07, effective 12/20/07.]

     (a) The truth or falsity of the charges against the student;

     (b) Whether the alleged misconduct violates this code; and if so,

     (c) The sanctions to be imposed, if any.

     The criteria for judging student misconduct shall include, but not be limited to, the standards of conduct as stated in WAC 478-120-020 and 478-120-025. Informal hearings shall use the procedures in chapter 34.05 RCW governing brief adjudicative proceedings. Formal hearings conducted by the faculty appeal board shall follow the procedures required by chapter 34.05 RCW for formal adjudicative proceedings. Informal settlements may be conducted under the authority of RCW 34.05.060.

     (2) Persons who believe that a violation of the student conduct code has been committed should contact the vice-president and vice-provost for student life at the University of Washington Seattle campus, or the chancellor of the University of Washington Bothell or Tacoma campuses, whichever is appropriate.

     (3) Only the vice-president and vice-provost for student life, the dean of the school or college at the University of Washington Seattle or, at the University of Washington Bothell and Tacoma campuses, the dean or director of the program in which a student is enrolled or the chancellors of the University of Washington Bothell and Tacoma campuses, may initiate disciplinary proceedings against a student under this code of conduct. (See WAC 478-120-050.) The deans, the vice-president and vice-provost for student life, or the chancellors of the University of Washington Bothell and Tacoma campuses may delegate the authority to initiate disciplinary proceedings consistent with this chapter to members of their staffs and to students. They may also establish student or student-faculty hearing bodies to advise or to act for them in disciplinary matters. The person initiating a disciplinary proceeding shall be referred to as the initiating officer.

     (4) The initiating officer will begin a disciplinary proceeding by holding, or directing a member of his or her staff to hold, an informal hearing with the student charged with misconduct. Based on this informal disciplinary hearing, the initiating officer may choose to exonerate the student, dismiss the action, impose an appropriate sanction, and/or refer the matter to the appropriate university disciplinary committee. (See WAC 478-120-065.) If the initiating officer identifies a potential or existing exceptional circumstance, as defined in WAC 478-120-100 (3)(b)(i),

     "Exceptional circumstances exist when:

     (A) The sanction of dismissal has been recommended; or

     (B) The student has been charged with hazing; or

     (C) The sanction of restitution (in excess of three hundred dollars) has been recommended; or

     (D) Suspension has been recommended," the matter shall be referred directly to the faculty appeal board. (See WAC 478-120-100.)

     (5) Students have the right to appeal any sanction imposed at an informal hearing to the appropriate university disciplinary committee, except that when such sanction identifies an existing or potential exceptional circumstance as defined in WAC 478-120-100 (3)(b)(i), the matter shall be referred directly to the faculty appeal board.

     (6) Any decisions of the university disciplinary committees may be appealed to the faculty appeal board. All decisions of the university disciplinary committees identifying existing or potential exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) shall be referred directly to the faculty appeal board. In addition, the university disciplinary committees may, at any time, at their discretion, refer a matter directly to the faculty appeal board. The faculty appeal board performs distinct functions. In most cases, the faculty appeal board conducts an administrative review. In certain cases (defined in WAC 478-120-100(3)), the faculty appeal board conducts a formal hearing.

     (7) Any decision based on a formal hearing conducted by the faculty appeal board may be appealed to the president of the university or the president's delegate for a final review. All orders of dismissal shall be reviewed by the president or the president's delegate. Orders entered by the president or the president's delegate are final. (See WAC 478-120-125.)

     (8) The president or delegate, or chancellors or their delegates, may take emergency disciplinary action when a student's conduct threatens the health, welfare, or safety of the university community or members thereof. (See WAC 478-120-140.)

     (9) When questions of mental or physical health are raised in conduct cases, the dean, the vice-president and vice-provost for student life, the chancellors of the University of Washington Bothell and Tacoma campuses or their delegates, the university disciplinary committees, or the faculty appeal board may request the student to appear for examination before two physician-consultants designated by the dean of the school of medicine. The physician-consultants may call upon the student health center for any other professional assistance they deem necessary. After examining the student and/or consulting with the student's personal physician, the physician-consultants shall make a recommendation to the dean, the vice-president and vice-provost for student life, the chancellor of the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, the appropriate university disciplinary committee, or the faculty appeal board as to whether the case should be handled as a disciplinary matter or as a case for medical or other treatment. Any decision made based upon the recommendation of the physician-consultants may be appealed in accordance with the provisions of this chapter.

     (10) The following persons conducting proceedings under this chapter shall have the authority to issue protective orders and subpoenas: Deans, or at the University of Washington Bothell and Tacoma campuses, the dean or director of the program in which the student is enrolled, the vice-president and vice-provost for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or the chairs of their respective university disciplinary committees, the chair of the faculty appeal board, and the president or his or her delegate.

     (11) In a case involving an alleged sexual offense, the accuser and the accused are entitled to the same opportunities to have others present during a disciplinary hearing and they shall both be informed of the outcome of such disciplinary proceeding.

     (12) Any final order resulting from a disciplinary proceeding shall become a part of the student's disciplinary record, unless the student is exonerated. (See WAC 478-120-145.)

     (13) In accord with the Family Educational Rights and Privacy Act and pursuant to RCW 34.05.250, all hearings conducted under this chapter generally will be held in closed session out of respect for the privacy of all the students involved. However, the students involved may waive in writing this requirement and request a hearing in open session, and the initiating or presiding officer shall conduct the hearing in a room that will accommodate a reasonable number of observers. The initiating or presiding officer may exclude from the hearing room any persons who are disruptive of the proceedings and may limit the number who may attend the hearing in order to afford safety and comfort to the participants and orderliness to the proceedings.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-030, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-030, filed 4/29/96, effective 5/30/96; Order 72-9, § 478-120-030, filed 11/30/72.]

     (2) Additionally, the dean of each college or school, including the graduate school, or the dean's delegate, or the dean or director((s)) of programs in which the student is enrolled on the University of Washington Bothell or Tacoma campuses may initiate any disciplinary action:

     (a) Related to violations of university rules, regulations, procedures, policies, standards of conduct, and orders which pertain to that particular campus, college or school, or at the University of Washington Bothell and Tacoma campuses, the program in which the student is enrolled; and

     (b) Related to violations of rules, procedures, policies, and standards of conduct of that particular campus, college or school, or at the University of Washington Bothell and Tacoma campuses, the program in which the student is enrolled. The student academic grievance procedure is a separate procedure and is set forth in the University Handbook (graduate school students should also refer to Graduate School Memorandum No. 33). Violations involving academic misconduct should be reported to the dean of the appropriate school or college, or dean or program director at the University of Washington Bothell or Tacoma campuses.

     (3) Other departments of the university have proceedings separate and distinct from the student conduct code. For example:

     (a) Campus traffic regulations are under the general jurisdiction of the police department at the University of Washington Seattle campus and under the jurisdiction of public safety officers at the University of Washington Bothell and Tacoma campuses. (See chapters 478-116, 478-117 and 478-118 WAC.)

     (b) The library fines appeals committee has the authority to consider appeals of library charges. (See chapter 478-168 WAC.)

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-050, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-050, filed 4/29/96, effective 5/30/96; Order 72-9, § 478-120-050, filed 11/30/72.]

     (2) During an informal disciplinary hearing, the student must be provided with the following information:

     (a) The alleged misconduct and the reasons for the university's belief that the student engaged in the misconduct;

     (b) The specific section(s) of the student conduct code allegedly violated; and

     (c) The possible sanctions that may be imposed.

     (3) Based on the findings of an informal hearing, the initiating officer shall enter in writing one of the following orders:

     (a) An order exonerating the student or dismissing the disciplinary proceeding if it appears that there has been no misconduct;

     (b) An initial order imposing a disciplinary sanction;

     (c) An order referring the matter to the appropriate university disciplinary committee; or

     (d) An order referring the matter directly to the faculty appeal board because exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) may exist.

     (4)(a) If the order imposes a sanction and exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) exist, the matter shall be referred directly to the faculty appeal board and the student shall be informed that he or she has the right to request a formal hearing according to the procedures set forth in WAC 478-120-075(3).

     (b) If the order imposes a sanction but exceptional circumstances do not exist, then the student must be informed that he or she has twenty-one calendar days from the date of the order (or twenty-five calendar days from the date of the mailing of the initial order) to request a hearing before the appropriate university disciplinary committee. If the student chooses not to appeal, the order becomes the final order.

     (5) Within ten days of the conclusion of the hearing and any associated investigations, the student shall be provided with a written order which shall include a statement of the decision, the reasons for the decision, and information about appealing the decision. No unfavorable action may be taken against the student until the student has been given such notice and information. In a case involving an alleged sexual offense, both the accuser and the accused shall be informed of the outcome of that hearing. In a case where the student is a minor, the disciplinary sanctions imposed may be reported to the student's parents or legal guardian at the discretion of the initiating officer.

     (6) A student may request a hearing by the appropriate university disciplinary committee at any time during these informal proceedings. If such a request is made, the matter shall be referred to the appropriate university disciplinary committee.

     (7) The official record of this informal hearing shall consist of all documents prepared or considered by the dean, the vice-president and vice-provost for student life, or, at the University of Washington Bothell and Tacoma campuses, the chancellors, or the dean or director of the program in which the student is enrolled, or their delegates, with regard to the dispute at hand.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-065, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-065, filed 4/29/96, effective 5/30/96.]

     (1) If a student does not appeal to the appropriate body within twenty-one days of the initial order (or within twenty-five calendar days of the date when the university mailed the initial order to the student), the right to appeal is waived and the order becomes final.

     (a) All initial orders shall be hand delivered or delivered by mail.

     (b) Any student involved in a disciplinary hearing is required to provide his or her current and accurate address to the office of the vice-president and vice-provost for student life or the office of the chancellor for the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates.

     (2) All petitions for appeal must be made in writing to the appropriate authority (the appropriate chair of one of the university disciplinary committees (Seattle, Bothell or Tacoma), the chair of the faculty appeal board, or the president). The petition must state the reasons for the appeal and indicate points of disagreement with the initial order.

     (3) If a student wishes to request a formal hearing before the faculty appeal board, the student's written petition for appeal must also state that a formal hearing is being requested and must identify the specific exceptional circumstances (as defined in WAC 478-120-100 (3)(b)(i)) warranting such a hearing. When conducting administrative reviews of informal hearings, the faculty appeal board shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal disciplinary hearing.

     (4) After conducting the appropriate review, the appeal body or the president may sustain, reduce, or vacate the sanction imposed by the initial order, except if that review is in the form of a formal hearing before the faculty appeal board, that board may increase any sanction.

     (5) Only the president or the president's delegate may issue a final order of dismissal.

     (6) Sanctions, if any, will be imposed only after an order becomes final, except for actions taken under WAC 478-120-140.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-075, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-075, filed 4/29/96, effective 5/30/96.]

     (1) The president of the University of Washington Seattle campus and the chancellors of the University of Washington Bothell and Tacoma campuses shall designate a member of the faculty or administration to serve as chair of each respective university disciplinary committee for a term of one year. All chairs may be reappointed for consecutive terms.

     (a) The chairs shall ensure that all procedural safeguards and guidelines are followed. Accordingly, the chairs shall decide all procedural questions that arise in relation to hearings, including rulings on evidence (as defined in WAC 478-120-095(3)) and challenges to the impartiality of committee members. The chairs shall have the discretion to regulate all aspects of the proceedings.

     (b) The chairs shall take whatever steps are necessary to ensure that hearings are conducted in a safe and orderly manner.

     (2) The three voting faculty members of each university disciplinary committee shall be selected at random from the faculty senate at the University of Washington Seattle, or at the University of Washington Bothell and Tacoma campuses, their respective faculty assembly or organization to serve one-year terms. Voting faculty members may not be reappointed to consecutive terms.

     (a) Panels of eligible faculty members shall be randomly selected to serve on the committees in the order in which they were selected, except that at the University of Washington Seattle each faculty member of the committees must represent a different faculty senate group.

     (b) Faculty members must have been members of the faculty for at least one year and hold the position of assistant professor or higher in order to be eligible to serve as voting members of the university disciplinary committees.

     (3) The three voting student members of the university disciplinary committees shall be selected at random from each student body to serve one-year terms. Student members of the committees may not be reappointed.

     (a) Panels of eligible students shall be selected randomly from the entire full-time student body to serve as committee members or alternates in the order in which they were selected, except that at the University of Washington Seattle one member must be a professional or graduate student and the other two members must represent different undergraduate classes.

     (b) To be eligible to serve on the university disciplinary committees, students must be full-time and in good standing with the university.

     (4) In addition to the chairs, a quorum shall be two faculty members and two student members. The chairs shall select alternates from the panels of eligible faculty or students as needed to produce a quorum.

     (5) Committee members may be disqualified from a particular hearing for bias, prejudice, conflict of interest, or any other reason which may prevent him or her from serving as an impartial judge of the matter before the committees.

     (a) Committee members may excuse themselves for any of the causes set forth in this section by submitting a written statement to the appropriate committee chair stating facts and reasons for the disqualification.

     (b) A student before any of the university disciplinary committees may challenge the impartiality of a committee member by written petition. The appropriate chair shall determine whether to grant the petition and excuse the committee member from the case, and shall state the facts and reasons for that determination in writing.

     (c) Any person who has been delegated the authority to initiate disciplinary proceedings is disqualified from serving as a member of the university disciplinary committees.

     (6) The appropriate chair may relieve a member of his or her university disciplinary committee from serving on that committee for a particular case, for a specific period of time, or for the rest of the year after the member submits a written request to the chair.

     (7) Members of the university disciplinary committees shall begin their terms on the first day of classes of winter quarter. Those terms shall expire on the first day of classes of the next winter quarter, except that cases in process shall be continued until a decision is reached. The new panels of committee members shall be identified by the outgoing chairs, or by the person designated by the appropriate chair, through random procedures established by the chair.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-085, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-085, filed 4/29/96, effective 5/30/96.]

     (1) When a hearing is scheduled before a university disciplinary committee, the chair of the appropriate committee shall provide the student with written notice of the following information:

     (a) The time and place of the hearing;

     (b) The allegations of misconduct against the student;

     (c) A list of all witnesses who may be called to testify;

     (d) A description of all documentary and real evidence to be presented at the hearing, including a copy of his or her disciplinary file; and

     (e) The sanctions that may be imposed at the hearing if the allegations of misconduct are found to be true.

     (2) The chair of each committee shall adhere to the following procedures at all disciplinary hearings:

     (a) The student shall be provided with a reasonable opportunity (at least seven days) to gather evidence, contact witnesses, and prepare a defense for the hearing.

     (b) The student may be accompanied by an advisor of the student's choice.

     (c) The student is entitled to hear all testimony and examine all evidence that is presented at the hearing. In response, the student may present evidence and witnesses on his or her own behalf and may ask questions of any other witnesses.

     (d) No student shall be compelled to give self-incriminating evidence.

     (3) Evidence shall be admissible at the hearing if it is the type of evidence that reasonably prudent members of the university community would rely upon in the conduct of their affairs.

     (4) The initiating officer (the appropriate dean, or at the University of Washington Bothell and Tacoma campuses, dean or director of the program in which the student is enrolled, the vice-president and vice-provost for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates) must prove by a preponderance of the evidence presented at the hearing that the student has engaged in the alleged misconduct. The committee shall base its factual determination solely on the evidence presented at the hearing.

     (a) Decisions of the university disciplinary committee will be made based on a simple majority vote of the committees.

     (b) If a university disciplinary committee cannot reach a decision by simple majority vote, an order shall be entered referring the matter to the faculty appeal board. Where exceptional circumstances exist, the student shall be notified of the right to request a formal hearing. Otherwise, the faculty appeal board shall conduct an administrative review as provided under WAC 478-120-100 (1) and (2).

     (5) If at any time after a matter has been referred to a university disciplinary committee the appropriate chair determines that the matter should properly be before the faculty appeal board, the chair may refer the matter to the faculty appeal board and shall provide the student with written notice of the referral and of the opportunity to request a formal hearing if exceptional circumstances exist. (See WAC 478-120-100 (3)(b)(i).)

     (6) If the committee determines that the student has violated the university's rules, regulations, procedures, policies, standards of conduct, or orders, it shall then determine the appropriate sanction to be imposed. When determining the appropriate sanction, the committee shall review the evidence presented at the hearing and the student's past record of conduct at the university.

     (7) The chair of the appropriate university disciplinary committee shall provide the student with a written statement of the committee's decision within ten days of the conclusion of the hearing. This written statement shall include the committee's factual findings, the conclusions that have been drawn from those findings, the reasons for those conclusions, and the sanctions, if any, to be imposed. If sanctions are imposed, the student must also be informed of the appropriate procedures for appealing the committee's decision to the faculty appeal board. In a case involving an alleged sexual offense, both the accuser and the accused shall be informed of the outcome of the hearing. In a case where the student is a minor, the written statement of the committee's decision may be reported to the student's parents or legal guardian at the discretion of the chair of the appropriate university disciplinary committee.

     (8) This written statement of the committee's decision shall be the committee's initial order. If the student chooses not to appeal, the initial order of the appropriate university disciplinary committee becomes the final order at the end of the appeal period set forth in WAC 478-120-075(1), except that orders of dismissal shall be referred to the president.

     (9) The student may choose to present evidence to the chair of the appropriate university disciplinary committee rather than at a hearing before the full committee. The student's waiver of the right to a hearing before a university disciplinary committee must be submitted in writing to the chair of the appropriate committee. The chair will submit the student's evidence and arguments to the full committee and the committee will make its decision based on the chair's report.

     (10) All proceedings of the committees will be conducted with reasonable dispatch and be terminated as soon as possible, consistent with fairness to all parties involved. The chair shall have the discretion to continue the hearing.

     (11) An adequate summary of the proceedings will be kept. Such a summary shall include all documents that were considered by the appropriate committee and may include a tape recording of the testimony and any other documents related to the hearing.

     (12) A report of a university disciplinary committee shall, upon written request and release by the student or students involved, and subject to the requirements of the Family Educational Rights and Privacy Act, be made available to members of the university community through the vice-president and vice-provost for student life, or the office of the chancellor at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-095, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-095, filed 4/29/96, effective 5/30/96.]

     (1) In such an emergency situation, the president or chancellors, or their delegates, shall issue a written order to be served upon the student describing the terms of the emergency suspension and the reasons for imposing the suspension. The order shall be effective immediately.

     (2) The president or delegate, or chancellors or their delegates, shall then refer the matter to the vice-president and vice-provost for student life at the University of Washington Seattle campus or the appropriate campus official at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, who shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-140, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-140, filed 4/29/96, effective 5/30/96.]

     (2) The dean of a college or school at the University of Washington Seattle, or the dean or director of the program in which the student is enrolled at the University of Washington Bothell and Tacoma campuses initiating disciplinary action shall report in writing to the office of the vice-president and vice-provost for student life, or the office of the chancellor for the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, all cases in which disciplinary action is taken. The dean at the University of Washington Seattle shall also inform the registrar of any action affecting a student's official standing in the university. The office of the vice-president and vice-provost for student life, or the office of the chancellor for the University of Washington Bothell or Tacoma campuses, shall notify the dean of the college or school or director of the program in which the student is enrolled of any disciplinary action it takes and also shall notify the registrar or campus officer of student affairs of any action affecting a student's official standing in the university.

     (3) Disciplinary records of students not exonerated shall be maintained by the vice-president and vice-provost for student life, or the chancellor at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, and the registrar for seven years after disciplinary action has been taken and/or after the administrative purpose has been served.

     (4) Disciplinary records of exonerated students shall not be maintained.

     (5) Notwithstanding any other provision of this section, the vice-president and vice-provost for student life, or the chancellor at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, at their discretion, upon written request by the student, may expunge the student's disciplinary record.

     (6) Records and information regarding student disciplinary proceedings are subject to the provisions of the Family Educational Rights and Privacy Act and supporting regulations (20 U.S.C. 1232g), and to chapter 478-140 WAC.

[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-145, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-145, filed 4/29/96, effective 5/30/96.]

OTS-3559.1

AMENDATORY SECTION(Amending WSR 92-14-060, filed 6/26/92, effective 7/27/92)

WAC 478-138-030   Use of university stadium boat moorage facilities -- Stadium boat moorage facilities -- Area defined.   (1)(a) The stadium boat moorage facilities shall consist of those docks and floats located on Lake Washington in Union Bay which provide water access to the University of Washington shoreline on home football game days, or for other special events as determined by the university.

     (b) The stadium boat moorage facilities shall also include such other specified areas along or adjacent to the university shoreline, as designated by the ((executive)) senior vice-president for finance and facilities, that provide access to the university shoreline on home football game days, or for other special events as determined by the university. The activities for which these additional stadium boat moorage facilities may be used include, but are not limited to: Moorage of water related vessels; and loading, unloading, or transporting passengers to and from water related vessels. All other uses of the university shoreline shall be under the authority of the ((executive)) senior vice-president for finance and facilities.

     (c) Use of the university shoreline and moorage facilities for waterfront activities not designated for that area, or otherwise not in compliance with this chapter will subject the violators to arrest under provisions of RCW 9A.52.080 (Criminal trespass in the second degree), City of Seattle 12A.08.040 (Criminal trespass), or other applicable law.

     (2) In the event the university permits a non-university vessel use of the stadium boat moorage facilities for moorage, loading and unloading passengers, shuttling passengers to and from anchored vessels, or other related activities, the university does not assume responsibility for nor guarantee the expertise or training of the vessels' pilots or that such vessels are maintained in a safe condition or are adequately equipped with life vests and other safety devices as required by the United States Coast Guard and the Washington state utilities and transportation commission.

     The ((executive)) senior vice-president for finance and facilities shall have the authority to establish such conditions as are necessary or appropriate to protect the university from liability in connection with the use of the stadium boat moorage facilities.

[Statutory Authority: RCW 28B.20.130. 92-14-060, § 478-138-030, filed 6/26/92, effective 7/27/92. Statutory Authority: RCW 28B.10.300. 88-19-042 (Order 88-02), § 478-138-030, filed 9/14/88; Order, § 478-138-030, filed 7/2/73 and 7/27/73.]

[Statutory Authority: RCW 28B.20.130. 03-12-007, § 478-138-060, filed 5/22/03, effective 6/22/03; 92-14-060, § 478-138-060, filed 6/26/92, effective 7/27/92.]

OTS-3560.3

AMENDATORY SECTION(Amending WSR 03-12-007, filed 5/22/03, effective 6/22/03)

WAC 478-160-085   Application ((forms)) to graduate school.   Prospective applicants to the graduate school may obtain information about degree programs and the online application process on the graduate school web site or by an e-mail request to uwgrad@u.washington.edu (for U.S. citizens, permanent residents and immigrants) or to ((intlgrad@u.washington.edu)) gradvisa@u.washington.edu for international applicants. ((Secondarily, an "Application for admission to the graduate school" form is available upon request by writing to the graduate program adviser of the department in which the applicant expects to engage in a program of study or by writing to))

     Questions may be directed to uwgrad@u.washington.edu, or the graduate school at the following address:

     University of Washington

     Office of Graduate Admissions

     301 Loew Hall

     P.O. Box 84808

     Seattle, WA 98124-6108

[Statutory Authority: RCW 28B.20.130. 03-12-007, § 478-160-085, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-085, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 92-12-011, § 478-160-085, filed 5/22/92, effective 6/22/92; Order 72-5, § 478-160-085, filed 11/6/72.]

     Questions may be directed to lawadm@uw.edu or to the school of law at the following address:

     University of Washington School of Law

     ((Director)) Office of Admissions and Financial Aid

     ((Condon Hall

     1100 N.E. Campus Parkway))

     William H. Gates Hall

     Box 353020

     Seattle, WA ((98105-6617)) 98195-3020

(((for internal campus mail use: Box 354600).)) The deadline for filing an application is determined by the University of Washington school of law and can be obtained from the web site or the address above.

[Statutory Authority: RCW 28B.20.130. 98-10-048, § 478-160-110, filed 4/29/98, effective 5/30/98. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-110, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130 (1) and (3). 80-15-082 (Order 80-2), § 478-160-110, filed 10/21/80; Order 72-5, § 478-160-110, filed 11/6/72.]

     University of Washington School of Medicine

     ((Committee on Admissions))

     Office of ((the Dean)) Admissions

     A-300 Health Sciences Center

     Box 356340

     Seattle, WA 98195-6340

(((or)) The office of admissions can also be reached by phone((:)) (206-543-7212) or e-mail (askuwsom@uw.edu). The web site address is www.uwmedicine.org/admissions.

[Statutory Authority: RCW 28B.20.130. 02-06-021, § 478-160-125, filed 2/25/02, effective 3/28/02. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-125, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130(3). 78-07-018 (Order 78-4), § 478-160-125, filed 6/15/78; Order 72-5, § 478-160-125, filed 11/6/72.]

     Washington, DC 20037-1300))

     www.aamc.org/students/amcas.

The deadline for filing an application is determined by the University of Washington school of medicine and can be obtained from the web site or by contacting the following office:

     University of Washington School of Medicine

     ((Committee on Admissions))

     Office of ((the Dean)) Admissions

     A-300 Health Sciences Center

     Box 356340

     Seattle, WA 98195-6340

(((or)) The office of admissions can also be reached by phone((:)) (206-543-7212) or e-mail (askuwsom@uw.edu). The web address is www.uwmedicine.org/admissions. Applicants are encouraged to file applications twelve months prior to desired date of entry.

[Statutory Authority: RCW 28B.20.130. 02-06-021, § 478-160-130, filed 2/25/02, effective 3/28/02. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-130, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 92-12-011, § 478-160-130, filed 5/22/92, effective 6/22/92. Statutory Authority: RCW 28B.20.130(3). 78-07-018 (Order 78-4), § 478-160-130, filed 6/15/78; Order 72-5, § 478-160-130, filed 11/6/72.]

     University of Washington School of Medicine

     ((Committee on Admissions))

     Office of ((the Dean)) Admissions

     A-300 Health Sciences Center

     Box 356340

     Seattle, WA 98195-6340

The ((deadline for filing an application is determined by the University of Washington school of medicine and can be obtained from the address above, or)) office of admissions can also be reached by phone((:)) (206-543-7212) or by e-mail (askuwsom@uw.edu).

[Statutory Authority: RCW 28B.20.130. 02-06-021, § 478-160-140, filed 2/25/02, effective 3/28/02. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-140, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 92-12-011, § 478-160-140, filed 5/22/92, effective 6/22/92. Statutory Authority: RCW 28B.20.130(3). 78-07-018 (Order 78-4), § 478-160-140, filed 6/15/78; Order 72-5, § 478-160-140, filed 11/6/72.]

     (1) Most courses offered through University of Washington extension are offered for resident credit, and grades earned in such courses are transcripted as resident credit and are included in the student's resident cumulative grade-point average.

     (2) Courses offered through correspondence study, and some other courses, are offered for extension credit. These credits and grades are not included in the resident grade-point average, and students may apply only ninety such university credits toward an undergraduate degree. Extension credit courses are identified by an "X" prefix when listed in catalog material.

     Additional information concerning credit courses may be obtained by contacting the following office:

     University of Washington ((Extension)) Educational Outreach

     ((5001 25th Ave. N.E.))

     Box 359492

     Seattle, WA ((98105-4190)) 98195-9492

(((for internal campus mail use: Box 354221,)) or phone((: 206-543-2300)) 206-685-6308, or visit the web site at www.pce.uw.edu).

[Statutory Authority: RCW 28B.20.130. 02-06-021, § 478-160-175, filed 2/25/02, effective 3/28/02. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-175, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-16-001, § 478-160-175, filed 7/25/91, effective 8/25/91; Order 72-5, § 478-160-175, filed 11/6/72.]

[Statutory Authority: RCW 28B.20.130. 92-12-011, § 478-160-231, filed 5/22/92, effective 6/22/92. Statutory Authority: RCW 28B.20.130 (1) and (3). 80-15-082 (Order 80-2), § 478-160-231, filed 10/21/80; Order 74-2, § 478-160-231, filed 3/4/74.]

     University of Washington

     Summer Quarter Office

     ((5001 25th Ave. N.E.))

     Box 359485

     Seattle, WA ((98105-4190)) 98195-9485

(((for internal campus mail use: Box 354226)) or phone 206-685-7542, or visit the web site at www.summer.washington.edu) ((to obtain a copy of the Summer Quarter Bulletin and Time Schedule)).

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-320, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 92-12-011, § 478-160-320, filed 5/22/92, effective 6/22/92; Order 72-8, § 478-160-320, filed 11/30/72.]

OTS-3561.1

AMENDATORY SECTION(Amending WSR 03-12-007, filed 5/22/03, effective 6/22/03)

WAC 478-324-045   SEPA advisory committee responsibility.   (1) The responsible official shall consult with the committee as follows:

     (a) After completion of an environmental checklist but before threshold determination.

     (b) Prior to the responsible official's reconsideration of the threshold determination if substantive comments have been received regarding the DNS.

     (c) Prior to the responsible official issuing a mitigated DNS.

     (d) Prior to the issuance of a scoping notice.

     (e) Prior to the publication of any draft EIS.

     (f) Prior to the publication of any final EIS.

     (2) Committee review of scoping notice, DNS, and mitigated DNS may occur without a formal meeting.

     (3) The university shall give the committee notice of public hearings on the environmental impact of a proposal.

     (4) The committee's recommendations shall be advisory and shall not relieve the responsible officials of their responsibilities as established by these procedures.

[Statutory Authority: RCW 28B.20.130 and 43.21C.120. 03-12-007, § 478-324-045, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-045, filed 1/25/00, effective 2/25/00.]

     (2) The following documents shall be maintained at the SEPA information center:

     (a) Copies of all SEPA public information registers for a period of one year from the date of publication.

     (b) Copies of all environmental checklists, determinations of nonsignificance and determinations of significance for a period of one year from the date of issue.

     (c) Copies of all current scoping and public hearing notices.

     (d) Copies of all draft and final ((EIS's)) EISs for a period of three years after the date of publication, except that technical appendices need not be maintained at the SEPA information center if adequate notice is provided regarding where on campus such appendices are located.

     (e) Copies of all draft and final ((EIS's)) EISs which have been incorporated by reference shall be maintained at the SEPA information center for the same time period as the underlying document is maintained.

     (f) A current list of individuals designated as responsible officials for university compliance with SEPA.

     (g) A current membership list of the SEPA advisory committee.

     (h) Copies of agendas and minutes of the SEPA advisory committee for a period of one year after the date of issue.

     (3) The documents at the SEPA information center shall be available for public inspection and copies thereof shall be provided upon request. A fee to cover the actual cost of printing/copying may be charged for copies.

[Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-130, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-130, filed 10/2/84.]

     (3))) providing notice in such form as a press release or advertisement in the on-line University Week ((and)), University of Washington Daily((. If the University Week and/or the University of Washington Daily is not in publication, then notice shall instead be published in a)), and/or in another legal newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., The Seattle Times or ((The Seattle Post-Intelligencer)) Tacoma News Tribune).

[Statutory Authority: RCW 28B.20.130 and 43.21C.120. 03-12-007, § 478-324-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-140, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-140, filed 10/2/84.]

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