Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-15-070.

     Title of Rule and Other Identifying Information: The university is updating the standards of conduct for students, chapter 504-26 WAC.

     Hearing Location(s): Lighty 405, WSU Pullman, Pullman, Washington, on December 8, 2011, at 4:00 p.m.

     Date of Intended Adoption: January 27, 2012.

     Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by December 8, 2011.

     Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by December 6, 2011.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update, edit, and clarify the standards of conduct for students.

     Statutory Authority for Adoption: RCW 28B.30.150.

     Rule is necessary because of federal law, [no further information supplied by agency].

     Name of Proponent: Washington State University, public.

     Name of Agency Personnel Responsible for Drafting and Implementation: Bernadette Buchanan, Director, Student Standards and Accountability, Lighty Services 260, Pullman, Washington 99164-1064, (509) 335-4532; and Enforcement: John Fraire, Vice-President for Student Affairs and Enrollment, Lighty Services 360, Pullman, Washington 99164-1066, (509) 335-5900.

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

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

October 31, 2011

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-4422.1

AMENDATORY SECTION(Amending WSR 06-23-159, filed 11/22/06, effective 12/23/06)

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

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

     (2) The appeals board shall be appointed by the vice-president for student affairs. It shall be composed of three persons, including the chair. The chair shall be a university employee. The other members may be university employees ((appointed by the vice-president for student affairs)) or students, provided that the student members have had at least one academic year of service on the university conduct board. Three persons constitute a quorum of the appeals board.

[Statutory Authority: RCW 28B.30.150. 06-23-159, § 504-26-100, filed 11/22/06, effective 12/23/06.]

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

     (2) Unauthorized transfer of a file.

     (3) Unauthorized use of computer hardware.

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

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

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

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

     (8) Use of computing facilities and resources in violation of any law, including copyright laws.

     (9) Any violation of the university computer use policy found at ((http://www.wsu.edu/~forms/HTML/EPM/EP4_Electronic_Publishing_Policy.htm)) http://public.wsu.edu/~forms/HTML/EPM/EP4_Electronic_Communication_Policy.htm

[Statutory Authority: RCW 28B.30.150. 08-05-001, § 504-26-218, filed 2/6/08, effective 3/8/08; 06-23-159, § 504-26-218, filed 11/22/06, effective 12/23/06.]

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

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

     (c) Any request to extend the time and/or date of the conduct officer conference/hearing should be addressed to the conduct officer.

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

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

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

     (b) Dismiss the case;

     (c) Impose appropriate sanctions as provided in WAC 504-26-405. Such sanctions are subject to the student's right of appeal as provided in these standards of conduct; or

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

     (4) The conduct officer may consider the student's past contacts with the office of student standards and accountability in determining an appropriate sanction and/or deciding whether to refer the case for a university conduct board hearing.

     (5) The student is notified in writing of the determination made by the conduct officer within ten business days of the proceeding. The notice includes information regarding the student's right to appeal pursuant to WAC 504-26-407.

[Statutory Authority: RCW 28B.30.150. 11-11-031, § 504-26-402, filed 5/11/11, effective 6/11/11; 08-05-001, § 504-26-402, filed 2/6/08, effective 3/8/08; 06-23-159, § 504-26-402, filed 11/22/06, effective 12/23/06.]

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

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

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

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

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

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

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

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

     (i) University suspension. Separation of the student from the university for a definite period of time, after which the student is eligible to request readmission. Conditions for readmission may be specified.

     (j) University expulsion. Permanent separation of the student from the university. Also referred to as university dismissal. The terms are used interchangeably throughout this chapter.

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

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

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

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

     (o) Hold on transcript and/or registration. A hold restricts release of a student's transcript or access to registration until satisfactory completion of conditions or sanctions imposed by a student conduct officer or university conduct board. Upon proof of satisfactory completion of the conditions or sanctions, the hold is released.

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

     (q) Fines. Previously established and published fines may be imposed. Fines are established each year prior to the beginning of the academic year and are approved by the vice-president for student affairs.

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

     (3) In determining an appropriate sanction for a violation of the standards of conduct for students, a student's or student organization's past contacts with the office of student standards and accountability may be considered.

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

     (5) In cases heard by university conduct boards, sanctions are determined by that board. The student conduct officer has the authority to assign sanctions in any conduct officer hearing.

     (6) Academic integrity violations.

     No credit need be given for work that is not a student's own. Thus, in academic integrity violations, the responsible instructor has the authority to assign a grade and/or educational sanction in accordance with the expectations set forth in the relevant course syllabus. The instructor's choices may include, but are not limited to, assigning a grade of "F" for the assignment and/or assigning an educational sanction such as extra or replacement assignments, quizzes, or tests, or assigning a grade of "F" for the course.

[Statutory Authority: RCW 28B.30.150. 11-11-031, § 504-26-405, filed 5/11/11, effective 6/11/11; 08-05-001, § 504-26-405, filed 2/6/08, effective 3/8/08; 07-11-030, § 504-26-405, filed 5/8/07, effective 6/8/07; 06-23-159, § 504-26-405, filed 11/22/06, effective 12/23/06.]

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

     (b) If the complainant or accused student and/or the student conduct officer or designee wish to explain their views of the matter to the appeals board they shall be given an opportunity to do so in writing.

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

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

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

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

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

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

     (3) The university appeals board shall review the record and all information provided by the parties and make determinations based on the following:

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

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

     (4) The appeal board's decision shall be personally delivered or mailed via U.S. mail to the student. Such decision shall be delivered or mailed to the last known address of the accused student(s). It is the student's responsibility to maintain a correct and updated address with the registrar. The university appeal board's decision letter is the final order and shall advise the student or student organization that judicial review may be available. If the appeal board does not provide the student with a response within twenty days after the request for appeal is received, the request for appeal is deemed denied.

     (5) The appeals board decision is effective as soon as the order is signed, except in cases involving expulsion or loss of recognition. In cases involving expulsion or loss of recognition, the appeals board decision is effective ten calendar days from the date the order is signed, unless the university president or designee provides written notice of additional review as provided in subsection (6) of this section.

     (6) For cases involving expulsion or loss of recognition, the university president or designee may review a decision of the appeals board by providing written notice to the student or student organization no later than ten calendar days from the date the appeals board decision is signed.

     (a) This review is limited to the record and purposes stated in subsection (2) of this section.

     (b) Prior to issuing a decision, the president or designee shall make any inquiries necessary to determine whether the proceeding should be converted into a formal adjudicative hearing under the Administrative Procedure Act (chapter 34.05 RCW).

     (c) If the complainant or accused student and/or the student conduct officer or designee wish to explain their views of the matter to the ((appeals board)) president or designee, they shall do so in writing.

     (d) The president or designee's decision is in writing, includes a brief statement of the reasons for the decision, and is issued within twenty calendar days after the date of the appeals board order. The decision becomes effective as soon as it is signed and includes a notice that judicial review may be available.

     (7) Students may petition to delay the date that the final order of the university becomes effective by directing a petition to the chair of the appeals board, or the president or designee, as applicable, within ten calendar days of the date the order was personally delivered to the student or placed in the U.S. mail. The chair, or the president or designee, as applicable, shall have authority to decide whether to grant or deny the request.

     (8) There is no further review beyond that of the findings of responsibility or outcomes assigned by university or college academic integrity hearing boards.

[Statutory Authority: RCW 28B.30.150. 11-11-031, § 504-26-407, filed 5/11/11, effective 6/11/11; 08-05-001, § 504-26-407, filed 2/6/08, effective 3/8/08; 07-11-030, § 504-26-407, filed 5/8/07, effective 6/8/07; 06-23-159, § 504-26-407, filed 11/22/06, effective 12/23/06.]

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