Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-19-061.

     Title of Rule and Other Identifying Information: Chapter 516-23 WAC, Student rights and responsibilities code.

     Hearing Location(s): Western Washington University, Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225, on November 15, 2011, at 1:30 p.m.

     Date of Intended Adoption: December 9, 2011.

     Submit Written Comments to: Suzanne Baker, Rules Coordinator, 516 High Street, Old Main 335, Bellingham, WA 98225-9015, e-mail Suzanne.Baker@wwu.edu, fax (360) 650-6197, by November 14, 2011.

     Assistance for Persons with Disabilities: Contact Suzanne Baker by November 14, 2011, (360) 650-3117.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As part of a comprehensive review of Western Washington University's student conduct code, the university proposes to repeal the current chapter 516-23 WAC and adopt an updated student rights and responsibilities code in a new WAC chapter. The updated rules clarify student responsibilities for complying with the code; clarifies proceedings for violations of the code; and clarifies the relationship of the code to university residences rules and procedures and when cases are coadjudicated by both areas.

     The updated rules also address the United States Department of Education's October 2010 Dear Colleague Letter on harassment and bullying and its April 2011 Dear Colleague Letter on sexual violence. The proposed rules state the rights of students accused of violating the code and of students who have filed a complaint or are the victim of an alleged violation of the code, including the rights specific to victims of incidents involving violence or sexual violence.

     Reasons Supporting Proposal: The proposal clarifies existing rules and updates the student conduct code on university procedures and federal laws.

     Statutory Authority for Adoption: RCW 28B.35.120(12).

     Rule is necessary because of federal law, 20 U.S.C. 1681-1688 (Title IX Education Amendments of 1972).

     Name of Proponent: Western Washington University, governmental.

     Name of Agency Personnel Responsible for Drafting: Sherry Mallory, Associate Dean, 516 High Street, Bellingham, WA, (360) 650-2484; Implementation and Enforcement: Ted Pratt, Dean of Students, 516 High Street, Bellingham, WA, (360) 650-3450.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed new chapter on the student conduct code would not impose a disproportionate impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. Proposed new chapter is not considered a significant legislative rule by Western Washington University.

October 4, 2011

Suzanne M. Baker

Rules Coordinator

OTS-4347.1

     As a condition of enrollment at Western, students must assume responsibility for their own actions and maintain an environment conducive to the academic success, safety, and well-being of others. In addition, they are expected to be truthful, respect the rights of others, and abide by all university policies and procedures, as well as all applicable local, state, and federal laws and regulations. All students are responsible for understanding and complying with the responsibilities and expectations set forth in this code.

     The student conduct process at Western is designed to be a learning process for students that promotes an understanding of their responsibilities as members of the university community. The objectives of the student conduct system, as set forth in this code, are twofold: To ensure that students act in a manner consistent with high standards of scholarship and behavior, and to maintain the safety and well-being of all members of the university community.

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     (1) Appeals board. The student conduct appeals board.

     (2) Business day. Any day, Monday through Friday (excluding holidays), during which university offices are open.

     (3) Catalog. The Western Washington University General Catalog.

     (4) Code. The student rights and responsibilities code.

     (5) Conduct hold or judicial hold. A block placed on a student's official university record at the request of the conduct officer or dean of students. A conduct or judicial hold prohibits a student from registering for or enrolling in classes, requesting official transcripts, or receiving a degree from the university until the hold has been removed.

     (6) Conduct officer. The student conduct officer or their designee.

     (7) Dean of students. The dean of students or their designee.

     (8) Guest. Any person who is not a member of the university community, who is on university property or attending an official university function at the invitation and/or hosting of a student.

     (9) Member of the university community. Any person who is a student, university official, or who is otherwise employed or contracted by the university. A person's status in a particular situation shall be determined by the dean of students.

     (10) Official university function. Any activity, on or off campus, that is initiated, sponsored, or supervised by any entity of Western Washington University.

     (11) Preponderance of evidence. Defined as "more likely than not," is the standard of responsibility used when determining whether a violation of the student rights and responsibilities code has occurred.

     (12) Student. Any person who is:

     (a) Formally admitted to the university;

     (b) Enrolled in one or more classes at the university, including nonmatriculated international students attending language institutes or foreign study programs;

     (c) Participating in a certificate, degree, distance learning, or professional enrichment program, through extended education and summer programs;

     (d) Enrolled in a prior quarter or summer session at the university and eligible to continue enrollment in the quarter or summer session that immediately follows; and

     (e) Former students if violations of the code occurred while they were enrolled or participating in a program offered by the university.

     (13) University. Western Washington University and all associated programs, including those offered on-line and/or at off-campus program sites.

     (14) University official. Any person employed or contracted by the university, who is performing assigned teaching, administrative, or professional responsibilities. University officials may be full- or part-time, or may be student staff members.

     (15) University property. Includes all land, buildings, facilities, and other property that is owned, used, leased, or controlled by Western Washington University. University property also includes adjacent streets and sidewalks.

     (16) WAC. An abbreviation for the Washington Administrative Code.

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     (2) Western Washington University does not act as a policing agent for students when they are off campus. However, the university reserves the right to take action if a student's conduct is determined to adversely affect a substantial university interest. Student conduct that occurs off campus may be subject to the student rights and responsibilities code when it:

     (a) Adversely affects the safety or well-being of any member of the university community; or

     (b) Involves academic work or any records, documents, or identifications of the university.

     In determining whether to exercise jurisdiction over such conduct, the student conduct officer shall consider the seriousness of the alleged offense, the risk of harm involved, and whether the alleged victim(s) are members of the university community. Any question of interpretation or application of jurisdiction shall be referred to the dean of students for final determination.

     (3) Students are responsible for their conduct from the time they have confirmed their enrollment at Western through the awarding of their degree. This includes conduct that occurs before classes begin, after classes end, and during periods between actual terms of enrollment. Individual students who are found to be in violation of the code may be subject to sanctions under the code.

     (4) A student with a pending conduct violation may not avoid the conduct process by withdrawing from the university. In these circumstances, a conduct hold will be placed on the student's official record, preventing them from registering for or enrolling in classes, requesting official transcripts, or receiving a degree from the university. This hold will remain in place until the student has met with the conduct officer to discuss the alleged conduct violation(s).

     (5) Sanctions against student organizations are decided by procedures established by the university administrative unit governing that organization's recognition. Conduct proceedings against individual member(s) of a student organization can be initiated under this code, independent of any departmental action(s) taken against the student organization.

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     (2) Students who invite guests into their residence hall or to official university functions open only to Western students are responsible for the behavior of their guests. As a result, a student may be held responsible for any alleged violation(s) of the code committed by their guests. See also WAC 516-24-001 Conduct of campus guests and visitors.

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     (1) Intoxication or impairment through the use of alcohol or other substances to the point that a student is unable to exercise care for their own safety or well-being.

     (2) Any threat, stated or implied, to the health, safety or well-being of self or others.

     (3) Any contact or communication of a threatening nature that intimidates, harasses, or causes a person to fear for their own safety or well-being or the safety or well-being of their immediate family members.

     (4) Incidents involving the use or display of a weapon or destructive device likely to cause bodily injury and/or damage to property.

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     (1) Demonstrations or protests that substantially disrupt, disturb, or interfere with:

     (a) Classroom activities or other educational pursuits;

     (b) Official university activities or functions including, but not limited to, ceremonies, meetings, office functions, performances, or athletic events;

     (c) Pedestrian or vehicular traffic; or

     (d) The preservation and protection of university property and/or the personal property of members of the university community.

     (2) Any other behavior that substantially disrupts, disturbs, or interferes with:

     (a) Classroom activities or other educational pursuits;

     (b) Official university activities or functions including, but not limited to, ceremonies, meetings, office functions, performances, or athletic events;

     (c) Pedestrian or vehicular traffic; or

     (d) The preservation and protection of university property and/or the personal property of members of the university community.

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     (1) Forging, altering, mutilating, or destroying any university document or record, or entering false information into such documents or records;

     (2) Possessing or presenting as authentic any falsified document, record, or identification;

     (3) Intentionally making false accusations or charges against another member of the university community; and

     (4) Knowingly providing false information or statements to any university official or other public official acting in performance of their duties.

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     (1) Engaging in unwanted contact or communication, including calls, voice messages, electronic mail, text messages, social media posts or messages, written letters, unwanted gifts, or face-to-face contact with a member of the university community;

     (2) Repeatedly following a member of the university community; waiting outside their residence, school, or place of employment; or placing them under surveillance; and

     (3) Engaging in any form of behavior that is meant to threaten or intimidate a member of the university community on the basis of their membership in a protected class, including race, color, creed, religion, national origin, sex, age, disability, marital status, genetic information, status as a veteran, and/or sexual orientation.

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     (1) Requiring the consumption of any food, alcohol, drug, or other substance.

     (2) Requiring forced participation in physical activities, including calisthenics, exercise, or other games or activities that entail physical exertion.

     (3) Requiring exposure to weather elements or to other physically or emotionally uncomfortable situations, including sleep deprivation, confinement in small spaces, physical bondage, and/or taking a student to an outlying area and dropping them off.

     (4) Requiring conduct that can be reasonably expected to embarrass another, including the performance of public stunts or activities such as scavenger hunts.

     (5) Requiring anything that would be illegal under city, state, or federal law, or in violation of any university policies or procedures, including the code.

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     (1) Possession or consumption of alcohol by anyone under the age of twenty-one;

     (2) Providing alcohol to anyone under the age of twenty-one;

     (3) Driving on university property while under the influence of alcohol; and

     (4) Public intoxication by persons of any age. See also policy concerning alcohol and other drugs in the catalog.

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     (1) Possession of drug paraphernalia;

     (2) Driving on university property while under the influence of a controlled or illegal substance; and

     (3) Intentionally misusing or distributing prescription drugs. See also policy concerning alcohol and other drugs in the catalog.

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     (1) Giving a false report or claim;

     (2) Attempting to influence the impartiality of witnesses or appeals board member(s);

     (3) Participating in or encouraging retribution against complainants or witnesses;

     (4) Threatening, harassing, or intimidating complainants or witnesses;

     (5) Disrupting or interfering with the orderly conduct of a hearing or meeting; and

     (6) Failing to comply with any sanction(s) imposed as the result of a code violation.

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     (1) Unauthorized entry into a file, web page, e-mail account, or on-line profile to use, download, read, transfer, or change the contents, or for any other purpose;

     (2) Unauthorized use of another person's university-issued identification and password;

     (3) The use of campus computing facilities, networks, equipment, or services to interfere with the normal operation of the university computing system or the work of any member of the university community;

     (4) The use of campus computing facilities, networks, equipment, or services to "cyber stalk" another person or to send obscene, abusive or harassing messages;

     (5) The use of campus computing facilities, networks, equipment, or services to illegally copy, distribute, download, or upload information (including movies, music, or other digital content) from the internet or any electronic source;

     (6) The use of campus computing facilities, networks, equipment, or services to illegally copy, reproduce, or distribute licensed software;

     (7) Attempting to modify system facilities or networks, including the introduction of electronic vandalism (e.g., "viruses," "worms," or other disruptive/destructive programs) into university computing resources or those connected to it by the network; and

     (8) The use of campus computing facilities, networks, equipment or services for personal profit or for any use other than authorized university business.

     Students are also responsible for reading and complying with all provisions set forth in the Western Washington University policy for responsible computing, the user agreement for WWU network and computing resources, and the using copyrighted materials policy.

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     (a) Sexual harassment (e.g., engaging in unwelcome verbal, written, or physical behavior of a sexual nature that is directed at another person or group, based on that person or group's sex, gender, or perceived sex or gender);

     (b) Sexual intimidation (e.g., engaging in any behavior, either verbal or nonverbal, that has the effect of subjecting members of either sex to humiliation, embarrassment, or discomfort because of their gender or perceived gender);

     (c) Sexual coercion (e.g., engaging in the use of pressure, alcohol or drugs, or force to compel or persuade another person to engage in sexual activity);

     (d) Sexual exploitation (e.g., engaging in voyeurism or peeping, distributing intimate or sexual information about another person without that person's consent, knowingly transmitting an STD or HIV to another person, or engaging in any behavior that takes sexual advantage of another person without that person's consent);

     (e) Sexual assault (e.g., engaging in actual or attempted sexual touching, genital-oral contact, penetration, and/or intercourse without consent).

     (2) Consent for all sexual activity must be given free of force, threat, intimidation, or coercion. Consent requires that, at the time of the sexual activity, there must be actual words or conduct demonstrating freely given agreement; silence or passivity do not imply consent. Activity of a sexual nature is considered nonconsensual when:

     (a) An individual is asleep, unconscious, or otherwise physically unable to communicate his or her willingness or unwillingness to engage in sexual activity;

     (b) An individual lacks the ability, at the time of sexual activity, to be able to understand the nature or consequences of the activity, whether due to illness; impairment; the influence of alcohol, drugs, or medication; or another cause; or

     (c) An individual is not of legal age to give consent.

     (3) Sexual misconduct represents a range of behavior; it can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can also be committed by individuals of any gender and can occur between people of the same or different sex. See also sexual misconduct policy and procedure in the catalog.

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     While Western does not act as a policing agent for students when they are off campus, the university reserves the right to take action if a student's conduct is determined to adversely affect a substantial university interest. See also WAC 516-21-030 Jurisdiction.

     Proceedings under the code may be carried out prior to, simultaneously, or following civil or criminal proceedings in the courts. Since the standard of proof under the code (preponderance of evidence) differs from that of criminal law, decisions made through the student conduct process are not subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced by a court of law.

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     (1) Unauthorized entry, occupation, or use of any university-owned or controlled property, equipment, or facilities;

     (2) Unauthorized entry, occupation, or use of any restricted areas of the campus, including research areas and utility tunnels;

     (3) Unauthorized possession, duplication, or use of keys, including cards or alphanumeric pass-codes, to any university-owned or controlled property, equipment, or facilities; and

     (4) Remaining in or on university-owned or controlled property after permission to remain has been revoked by any university official, including university police.

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     (1) Firearms of any kind, including BB, pellet, paintball, and airsoft guns;

     (2) Martial arts weapons of any kind, including nunchucks, swords, or throwing stars;

     (3) Fireworks of any kind, including firecrackers, cherry bombs, or homemade explosives;

     (4) Projectile devices of any kind, including catapults or slingshots;

     (5) Any knife with a blade longer than three inches (excluding kitchen utensils); and

     (6) Any object that can be used as a weapon to cause bodily injury or damage to property.

     See also WAC 516-52-020 Firearms and dangerous weapons.

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     (1) Warning. A formal written notice to the student that a violation of the code has occurred, and that further violations may result in additional sanctions under the code.

     (2) Conditional status. A probationary status imposed for a specific period of time, during which the student must demonstrate conduct that conforms to university standards. Conditions restricting the student's privileges or eligibility for activities may be imposed. Violations of any conditions specified in the notice of conditional status or violations of any other university policies or regulations during the period of the sanction, may result in additional sanctions under the code.

     (3) Loss of privileges. A student may be denied specific privileges (i.e., participation in specific activities, restriction from specific areas of campus, etc.) on a temporary or permanent basis. Violations of any conditions specified in the notice of loss of privileges or violations of any other university policies or regulations during the period of the sanction, may result in additional sanctions under the code.

     (4) Restriction from contacting others ("no contact" order). A student may be restricted from direct or indirect physical, verbal, or electronic contact with another person and/or group. Indirect or direct contact made with another person or group while a "no contact" order is in place may result in additional sanctions under the code.

     (5) Educational activities. A student may be required to engage in educational activities related to the violation(s). Such activities may include, but are not limited to, required attendance at educational programs, community service, conducting research projects, writing assignments, and/or meeting with campus officials.

     (6) Assessment, counseling, or treatment programs. A student may be required to participate in an assessment, counseling, and/or treatment program (at the student's expense), to address substance abuse, anger issues, or other issues or types of behaviors that pose a threat to their safety or well-being or the safety or well-being of others.

     (7) Restitution. A student may be required to provide compensation for loss, damage, or injury resulting from a violation of the code. Restitution may take the form of monetary or material replacement or appropriate service to repair or otherwise compensate for the loss, damage, and/or injury caused.

     (8) Parental notification. Parents may be notified of conduct findings when a student under the age of twenty-one is found responsible for violations involving alcohol and/or drugs. When possible, students whose parents are to be notified will be informed before such notification occurs and given an opportunity to initiate contact with their parents.

     (9) Residence hall relocation. A student's living arrangements may be transferred to another university residence hall or apartment.

     (10) Termination of university residences agreement. A student may be removed from campus housing and their housing agreement terminated.

     (11) Suspension from the university. A student may be removed from the university for a designated period of time, after which the student will be eligible to return. While suspended, the student is trespassed from all university facilities and prohibited from participating in official university functions. Specific conditions for readmission to the university may be imposed (e.g., counseling, substance abuse treatment, etc.).

     (12) Deferred suspension. A student may receive a notice of deferred suspension from the university, with a provision that they are allowed to remain enrolled contingent on meeting specific conditions. Failure to meet any condition(s) specified in the notice of deferred suspension will result in immediate suspension from the university.

     (13) Expulsion from the university. A student may be permanently separated from the university. A student who has been expelled is not eligible for readmission.

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     (2) The conduct officer shall be appointed and supervised by the dean of students. The conduct officer has the authority to adjudicate and administer sanctions for violations of the code.

     (3) A six-member appeals board shall be appointed at the beginning of each fall term to consider reviews of the conduct officer's findings and decision. The appeals board shall include:

     (a) Two faculty members, appointed by the faculty senate;

     (b) Three student members, appointed by the associated students board of directors; and

     (c) One staff member from the division of enrollment and student services, nominated by the dean of students and confirmed by the vice-president for enrollment and student services.

     (4) Alternates will be identified for each area represented on the appeals board. The alternates will be appointed at the beginning of each fall term, as noted previously. Student appointments are for one academic year. Faculty and staff appointments are for two-year staggered terms.

     (5) All appointments to the committee shall be initiated during the first full month of the fall term. Should a request for a review of the conduct officer's findings and decision come forward during the summer term or during other break periods, the review will be heard by the dean of students or by an interim appeals board appointed by the dean of students.

     (6) Both the appeals board and the dean of students have full authority to render a decision under the code. All review decisions are final.

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     (1) Students accused of violating the code have certain rights in the conduct process. These include the right to:

     (a) Receive written notification of the section(s) of the code they are alleged to have violated, including a clear description of the basis for the charge(s), delivered via e-mail to the student's official @students.wwu.edu account;

     (b) Meet with the conduct officer to discuss the section(s) of the code they are alleged to have violated and present a response to such allegations;

     (c) Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;

     (d) Be accompanied through the conduct process by a person of their choice (this person may give advice to the student, but may not directly address the conduct officer, any member of the appeals board, or the dean of students);

     (e) Refuse to answer any question asked of them and have no inference of guilt drawn from such refusal;

     (f) Receive written notification of the conduct officer's findings and decision, delivered via e-mail to the student's official @students.wwu.edu account, within seven business days of the date of the meeting (or, if multiple meetings are necessary to determine responsibility or multiple individuals are involved and information presented by each is deemed necessary to determine responsibility, within seven business days of the date of the final meeting for the specific incident);

     (g) Request a review of the conduct officer's findings and decision by the appeals board or dean of students, as described in WAC 516-21-280 Basis for review; and

     (h) Waive any of the rights contained in this section.

     (2) Individuals who have filed a complaint or are the victim of an alleged violation of the code have certain rights in the conduct process. These include the right to:

     (a) Submit a written account of the alleged violation(s);

     (b) Be advised of the date, time, and location of the hearing;

     (c) Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;

     (d) Be accompanied through the conduct process by a person of their choice (this person may give advice to the student, but may not directly address the conduct officer, any member of the appeals board, or the dean of students);

     (e) Be free of any form of retaliation and to report such retaliation for further action;

     (f) Have past unrelated behavior excluded from the investigation or hearing; and

     (g) Submit an oral or written impact statement to the conduct officer, appeals board, or dean of students, for consideration during the sanctioning phase of the conduct process, if the charged student is found responsible.

     (3) For incidents involving violence or sexual violence, including sexual harassment, misconduct, and/or assault, victims shall have the following additional rights:

     (a) To be notified of the availability of counseling, assistance, and support resources, both on campus and in the surrounding community;

     (b) To request and be granted a "no contact" order against the accused student(s);

     (c) To receive written notification of the conduct officer's findings and decision delivered via e-mail to the student's official @students.wwu.edu account, within seven business days of the date of the meeting (or, if multiple meetings are necessary to determine responsibility or multiple individuals are involved and information presented by each is deemed necessary to determine responsibility, within seven business days of the date of the final meeting for the specific incident); and

     (d) Request a review of the conduct officer's findings and decision by the appeals board or dean of students, as described in WAC 516-21-280 Basis for review.

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     (1) An interim suspension may only be imposed in the following circumstances:

     (a) The student poses a threat to his/her own safety or well-being;

     (b) The student poses a threat to the safety or well-being of other members of the university community;

     (c) The student poses a threat to university property or disrupts or interferes with the normal operations of the university; and

     (d) The student is alleged to have committed a serious violation of local, state, or federal law.

     (2) During the interim suspension, a student may be denied access to university activities and privileges, including access to classes, university property, and/or residence halls.

     (3) A student suspended from the university on an immediate interim basis shall be notified in writing of the terms of the interim suspension. The notice, which shall be delivered both via e-mail to the student's official @students.wwu.edu account and via certified mail to the student's local address on file, shall include the stated violation(s), the circumstances and terms of the interim suspension, and the time, date and location of a meeting to discuss the interim suspension with the dean of students.

     (4) The interim suspension meeting shall occur no less than three business days and no more than seven business days from the date that the notification is sent. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon. The purpose of the interim suspension meeting is for the student to have an opportunity to demonstrate to the dean of students why the terms specified in the interim suspension notice should not continue.

     (5) Cases of interim suspension are given priority and will be expedited through the student conduct process. The interim suspension will remain in effect until a final decision has been made on the pending code violation(s) or until the dean of students determines that the reasons for imposing the interim suspension no longer exist or are not supported by the available evidence.

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     (2) The conduct officer will conduct a preliminary investigation. If, in the conduct officer's judgment, there is insufficient basis to consider a charge, the individual(s) initiating the complaint will be informed. If there is sufficient basis to consider a charge, the conduct officer shall:

     (a) Provide the accused student with a written notice of the charge(s), delivered via e-mail to the student's official @students.wwu.edu account. This notice shall include a clear description of the nature and date of the complaint and the specific code section(s) they are alleged to have violated;

     (b) Provide the accused student with a copy of the code, and notify them of the availability of procedural advice regarding the code; and

     (c) Provide the accused student with written notice that they must contact the dean of students office immediately upon receipt of the notice to schedule a conduct meeting. This meeting should occur no less than three business days and no more than seven business days from the date that the notification is sent. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon.

     (3) During the meeting with the accused student, the conduct officer will determine, based on a preponderance of evidence, whether it is more likely than not that a violation of the code has occurred. If a student fails to meet with the conduct officer after receiving proper notification, a decision on the allegation(s) may be rendered in the student's absence.

     (4) Within seven business days of the meeting, the conduct officer shall notify the student in writing of the findings and decision, including any imposed sanctions. This notification will be delivered via e-mail to the student's official @students.wwu.edu account and will include a statement of the student's option for a review of the conduct officer's findings and/or decision by either the appeals board or the dean of students.

     (5) If multiple meetings are required to determine responsibility, the findings and decision letter will be sent via e-mail to the student's official @students.wwu.edu account no later than seven business days after the final meeting for the specific incident.

     (6) If multiple individuals are involved in the incident and the information presented by each student is deemed necessary to determine responsibility, individual findings and decision letters will be sent via e-mail to the student's official @students.wwu.edu account no later than seven business days after the final meeting for the specific incident.

     (7) If both parties agree to mediate a complaint and the conduct officer agrees, mediation may be substituted for a conduct meeting. If mediation is unsuccessful, the original complaint will be considered and decided upon by the conduct officer. Mediation may not be substituted for a conduct meeting in cases involving violence or sexual violence, including sexual harassment, misconduct, or assault.

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     (a) The original meeting was not conducted in conformity with prescribed procedures;

     (b) The conduct officer misinterpreted the code;

     (c) The sanctions imposed are disproportionate to the violation(s) committed; and

     (d) The decision reached did not properly consider the information presented.

     (2) For incidents involving violence or sexual violence, including sexual harassment, misconduct or assault, victims may request a review of the conduct officer's findings and decision by either the appeals board or the dean of students. A review may be requested for the following reasons only:

     (a) The original meeting was not conducted in conformity with prescribed procedures;

     (b) The conduct officer misinterpreted the code;

     (c) The sanctions imposed are disproportionate to the violation(s) committed; and

     (d) The decision reached did not properly consider the information presented.

     (3) The request for review must be submitted in writing to the dean of students within seven business days of receipt of the conduct officer's written notice of findings and decision (which shall be delivered via e-mail to the student's official @students.wwu.edu account). The request must state, as clearly and concisely as possible, the basis for the review and specify whether the student wishes to have their review considered by the appeals board or by the dean of students.

     (4) Upon receipt of the written request for review, the dean of students will determine whether the request meets one or more of the criteria specified for reviews of the conduct officer's findings and decision. If it does, the review hearing will be scheduled. If it does not, the party requesting the review will be notified in writing and the request will be denied.

     (5) For incidents involving violence or sexual violence, including sexual harassment, misconduct or assault, both the student found in violation of the code and the victim will be notified in writing regarding the outcome of the written request for review.

     (6) No sanction will begin while a review is pending, except as provided in WAC 516-21-260, Procedures for immediate interim suspension. Temporary relocation of a student to alternative housing and/or restrictions between affected parties may be enforced during an appeal.

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     (a) Section(s) of the code the student was found to have violated;

     (b) Findings and decision of the conduct officer;

     (c) Time, date, and location of the review hearing; and

     (d) Location of the code, should they wish to view or download a copy.

     (2) The review hearing shall be held no less than three business days and no more than seven business days from the date of notification. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon. If the student fails to appear at the hearing, the appeals board or the dean of students may proceed with the review, based upon consideration of all available information, or may dismiss the request for review.

     (3) During the review hearing:

     (a) The chair of the appeals board or dean of students may ask any person with relevant information to speak or provide a written statement regarding the alleged violation.

     (b) The student found in violation of the code may ask any person with relevant information to speak or provide a written statement regarding the alleged violation.

     (c) The chair of the appeals board or the dean of students may limit or exclude information that is considered to be irrelevant, immaterial, or repetitious.

     (d) Five members shall constitute a quorum of the appeals board. Actions by the appeals board require agreement by a majority of members present at the time of the hearing.

     (e) Any member of the appeals board that is unable to render an impartial decision in a particular case shall excuse themselves from the appeals board's deliberations in advance and may be replaced by an alternate.

     (f) The appeals board or the dean of students may eliminate, reduce, maintain, modify, or increase the conduct officer's findings and decision.

     (4) New substantive information that was not presented at the time of the original conduct meeting will not be considered during the review. When new substantive information is present prior to or during the review hearing and such evidence could impact the original decision, the allegation(s) will be reheard by the conduct officer.

     (5) The chair of the appeals board or the dean of students will render a decision regarding the review within seven business days of the hearing and notify the student (or, for incidents involving violence or sexual violence, both the student and the victim) in writing of their findings and decision. All review decisions are final.

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     (a) Will be held in the dean of students office for six years, except in cases of suspension, interim suspension, or expulsion, which are permanent records; and

     (b) Will not be shared with any member of the public, except upon the informed written consent of the student(s) involved or as stated in the student records policy.

     (2) The conduct officer's findings may be shared with the victim, as required by law, in cases involving violence or sexual violence, including sexual harassment, misconduct or assault. The disciplinary findings may also be shared with university officials who are involved in the completion or supervision of the sanction or the student. See also chapter 516-26 WAC Student records.

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     (2) The dean of students has the authority to designate which area will consider an alleged violation of the code, or whether the alleged violation will be coadjudicated by university residences and the conduct officer. General referral of conduct cases will be made by consensus between university residences and the conduct officer.

     (3) Certain cases shall be referred by university residences to the conduct officer or coadjudicated by both areas. These include, but are not limited to, those involving:

     (a) Alleged acts or threats of physical violence or sexual misconduct;

     (b) Alleged violations of the distribution or sale of drugs or other controlled substances;

     (c) Alleged violations by nonresidential students while on university residences' premises or at university residences' sponsored programs, events, or activities;

     (d) Alleged violations that occur near the end of the term or after a resident student's contract with university residences has ended;

     (e) Alleged violations involving the misuse of computers, electronic data and/or communication systems, particularly when the victims of the alleged conduct are nonresidents (e.g., sending unsolicited mass e-mails, copyright violations); and

     (f) Alleged violations severe enough to result in eviction from housing and/or suspension or expulsion from the university.

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     (a) Five students, including at least one graduate student. Three students shall be appointed by the associated students board of directors and two shall be appointed by the residence hall association;

     (b) One faculty member, appointed by the faculty senate;

     (c) One staff member from the division of enrollment and student services, appointed by the dean of students;

     (d) One staff member from the department of public safety, appointed by the director of public safety;

     (e) One staff member from university residences, appointed by the director of university residences; and

     (f) The conduct officer.

     (2) Recommendations of the committee on student rights and responsibilities shall be made to the vice-president for enrollment and student services for submission to and consideration by the president's cabinet. Prior to adoption of the code, all proposed modifications shall be reviewed by the office of the assistant attorney general at Western Washington University for consistency with university policies and the law. Final authority for changes to the code rests with the Western Washington University board of trustees.

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OTS-4348.1

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

WAC 516-23-200	Preamble.
WAC 516-23-210	Definitions.
WAC 516-23-220	Jurisdiction.
WAC 516-23-230	Principles and violations of the code.
WAC 516-23-240	Academic dishonesty.
WAC 516-23-250	Disruptive behavior.
WAC 516-23-260	Student responsibility for guests.
WAC 516-23-270	Sexual misconduct.
WAC 516-23-280	Violence.
WAC 516-23-290	Harassment and/or threats of violence.
WAC 516-23-300	Theft and intentional damage of property.
WAC 516-23-310	Misuse of computers, electronic data or communication systems.
WAC 516-23-320	Hazing.
WAC 516-23-330	Student violation of law.
WAC 516-23-340	Failure to comply with proper official requests.
WAC 516-23-350	Forgery and fraud.
WAC 516-23-360	Illegal possession and/or use of alcohol.
WAC 516-23-370	Illegal drugs and misuse of drugs.
WAC 516-23-380	Explosives and weapons prohibited from campus.
WAC 516-23-390	Obstructing police and safety personnel.
WAC 516-23-400	Interference with the judicial process.
WAC 516-23-410	Freedom of expression.
WAC 516-23-420	Demonstrations.
WAC 516-23-430	Proceedings for violations of the code.
WAC 516-23-440	Victim rights.
WAC 516-23-450	Rights of accused.
WAC 516-23-460	Sanctions.
WAC 516-23-470	Procedures for immediate interim suspension.
WAC 516-23-480	Basis for appeal.
WAC 516-23-490	Appeal procedures.
WAC 516-23-500	Deviations from established procedures.
WAC 516-23-510	Confidentiality of conduct proceedings and records.
WAC 516-23-520	Administrative withdrawal due to mental disorders.
WAC 516-23-530	University conduct system.
WAC 516-23-540	Relationship of the code to university residences.
WAC 516-23-550	Interpretation of the code.
WAC 516-23-560	Revision of the code and the committee on student rights and responsibilities.
WAC 516-23-570	Referenced policies and regulations in the code.

© Washington State Code Reviser's Office