WSR 14-24-039
[Filed November 24, 2014, 9:12 a.m., effective December 25, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Revising WAC 172-121-200 Violations of chapter 172-121 WAC, Student conduct code, relating to the possession of weapons on property owned or controlled by Eastern Washington University. These revisions are needed to update university standards and processes to better reflect current practices regarding the possession, use, and storage of weapons on university owned or controlled property. These changes are also needed to permit the possession of personal protection spray devices as required by RCW 9.91.160.
Citation of Existing Rules Affected by this Order: Amending WAC 172-121-200.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Adopted under notice filed as WSR 14-19-093 on September 16, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 21, 2014.
Trent Lutey
University Policy Administrator
AMENDATORY SECTION (Amending WSR 13-24-123, filed 12/4/13, effective 1/4/14)
WAC 172-121-200 Violations.
The following are defined as offenses which are subject to disciplinary action by the university.
(1) Acts of academic dishonesty. University policy regarding academic dishonesty is governed by the university academic integrity policy. However, repeated violations, as described in the academic integrity policy, are subject to action under the student conduct code. Academic dishonesty includes, but is not limited to, any of the following activities:
(a) Plagiarism: Representing the work of another as one's own work;
(b) Preparing work for another that is to be used as that person's own work;
(c) Cheating by any method or means;
(d) Knowingly and willfully falsifying or manufacturing scientific or educational data and representing the same to be the result of scientific or scholarly experiment or research; or
(e) Knowingly furnishing false information to a university official relative to academic matters.
(2) Acts of social misconduct.
(a) Abuse. Physical abuse, verbal abuse, and/or other conduct which threatens or endangers the health or safety of any person.
(b) Bullying. Bullying is behavior that is:
(i) Intentional;
(ii) Targeted at an individual or group;
(iii) Repeated;
(iv) Objectively hostile or offensive; and
(v) Creates an intimidating and/or threatening environment which produces a risk of psychological and/or physical harm.
(c) Domestic violence and dating violence.
(i) Domestic violence means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
(B) Sexual assault of one family or household member by another; or
(C) Stalking of one family or household member by another family or household member.
(ii) Dating violence is a type of domestic violence, except the acts specified above are committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. In determining whether such a relationship exists, the following factors are considered:
(A) The length of time the relationship has existed;
(B) The nature of the relationship; and
(C) The frequency of interaction between the parties involved in the relationship.
(d) Harassment, gender-based harassment, and sexual harassment.
(i) Harassment is conduct by any means that is sufficiently severe, pervasive, or persistent, and objectively offensive so as to threaten an individual or limit the individual's ability to work, study, participate in, or benefit from the university's programs or activities.
(ii) Gender-based harassment includes nonsexual acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on a person's gender or nonconformity with gender stereotypes. Gender-based harassment violates this code and Title IX when it is sufficiently severe, pervasive, or persistent such that it denies or limits another's ability to work, study, participate in, or benefit from the university's programs or activities.
(iii) Sexual harassment is unwelcome conduct of a sexual nature and may include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment violates this code and Title IX when it is sufficiently severe, pervasive, or persistent such that it denies or limits another's ability to work, study, participate in, or benefit from the university's programs or activities.
In determining whether any of the above-listed types of harassment are severe, pervasive, or persistent, the university shall consider all relevant circumstances from both an objective and subjective perspective, including the type of harassment (verbal or physical); the frequency and severity of the conduct; the age, sex, and relationship of the individuals involved; the degree to which the conduct affected the victim; the setting and context in which the harassment occurred; whether other incidents have occurred at the university; and other relevant factors.
(e) Retaliation. Any actual or threatened retaliation or any act of intimidation intended to prevent or otherwise obstruct the reporting of a violation of this code is prohibited and is a separate violation of this code. Any actual or threatened retaliation or act of intimidation directed towards a person who participates in an investigation or disciplinary process under this code is prohibited and is a separate violation of this code.
(f) Sexual misconduct. Sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion, are types of sexual misconduct. Sexual violence is sexual intercourse or sexual contact with a person without his or her consent or when the person is incapable of giving consent. Consent means actual words or conduct indicating freely given agreement to the sexual act. Consent cannot be inferred from silence, passivity, or lack of active resistance. There is no consent where there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological. Sexual activity is nonconsensual when the victim is incapable of consent by reason of mental incapacity, drug/alcohol use, illness, unconsciousness, or physical condition. Sexual misconduct also includes, but is not limited to, indecent liberties, indecent exposure, sexual exhibitionism, sex-based cyber-harassment, prostitution or the solicitation of a prostitute, peeping or other voyeurism, or going beyond the boundaries of consent, such as by allowing others to view consensual sex or the nonconsensual recording of sexual activity.
(g) Stalking. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(i) Fear for their health and/or safety or the health/safety of others; or
(ii) Suffer substantial emotional distress.
(h) Unauthorized use of electronic or other devices: Making an audio or video recording of any person while on university premises without the person's prior knowledge or without their effective consent, when such a recording is of a private conversation or of images taken of a person(s) at a time and place where the person would reasonably expect privacy and where such recordings are likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom, but does not include taking pictures of persons in areas which are considered by the reasonable person to be open to public view.
(3) Property violations. Theft of, damage to, or misuse of another person's or entity's property.
(4) Weapons. ((No individual shall have on their person, in their vehicle or otherwise in their possession any weapon, explosive, dangerous chemical or other dangerous instrument except as described)) Possession, carrying, discharge or other use of any weapon is prohibited on property owned or controlled by Eastern Washington University, except as permitted in (a) through (((c))) (d) of this subsection. Examples of weapons under this section include, but are not limited to: Explosives, chemical weapons, shotguns, rifles, pistols, air guns, BB guns, pellet guns, longbows, hunting bows, throwing weapons, stun guns, electroshock weapons, and any item that can be used as an object of intimidation and/or threat, such as replica or look-a-like weapons.
(a) ((Authorized law enforcement officers are permitted to carry arms while on duty and engaged in their regular duties;
(b) Activities requiring use of the prohibited items may be conducted on approval of the activity by the board of trustees;
(c) Persons are permitted to have firearms in their possession directly en route to or from campus firearm storage facilities where such possession is incidental to approved on or off campus possession or use of such firearms.)) Commissioned law enforcement officers may carry weapons, which have been issued by their respective law enforcement agencies, while on campus or other university controlled property, including residence halls. Law enforcement officers must notify the university police of their presence on campus upon arrival.
(b) A person may possess a personal protection spray device, as authorized by RCW 9.91.160, while on property owned or controlled by Eastern Washington University.
(c) A person may bring a weapon onto campus for display or demonstration purposes directly related to a class or other educational activity, provided that they obtain prior authorization from the university police department. The university police department shall review any such request and may establish conditions to the authorization.
(d) Weapons that are owned by the institution for use in organized recreational activities or by special groups, such as EWU ROTC or university-sponsored clubs or teams, must be stored in a location approved by the university police department. These weapons must be checked out by the advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.
(5) Failure to comply.
(a) Failure to comply with lawful and/or reasonable directions of university officials or law enforcement officers acting in performance of their duties on campus or affecting conduct on campus;
(b) Failure to identify oneself to university officials in their course of duty, refusal or failure to appear before university officials or disciplinary bodies when directed to do so;
(c) Failure to attend any medical treatment or evaluation program when directed to do so by the dean of students or other authorized university official.
(6) Trespassing/unauthorized use of keys.
(a) Trespass. Entering or remaining on university property without authorization.
(b) Unauthorized use of keys. Unauthorized possession, duplication, or use of university keys or access cards.
(7) Deception, forgery, fraud, unauthorized representation.
(a) Knowingly furnishing false information to the university.
(b) Forgery, alteration, or misuse of university documents, records, or instruments of identification. This includes situations of identity theft where a person knowingly uses or transfers another person's identification for any purpose.
(c) Forgery or issuing a bad check with intent to defraud.
(d) Unauthorized representation. The unauthorized use of the name of the university or the names of members or organizations in the university community.
(8) Safety.
(a) Intentionally activating a false fire alarm.
(b) Making a bomb threat.
(c) Tampering with fire extinguishers, alarms, or safety equipment.
(d) Tampering with elevator controls and/or equipment.
(e) Failure to evacuate during a fire, fire drill, or false alarm.
(9) Alcohol, drugs, and controlled substances.
(a) Alcohol and substance violations. Use, possession, distribution, or sale of alcoholic beverages (except as permitted by university policy and state law) is prohibited. Under no circumstances may individuals under the age of twenty-one use, possess, distribute, manufacture or sell alcoholic beverages. Public intoxication is prohibited.
(b) Drugs and paraphernalia.
(i) Use, possession, distribution, manufacture, or sale of marijuana, drug paraphernalia and/or illegal drugs, narcotics or controlled substances, is prohibited.
(ii) Being under the influence of marijuana or an illegal substance, while on property owned or operated by the university, is prohibited. Being under the influence of a controlled substance, except when legally prescribed by a licensed medical practitioner, is also prohibited while on property owned or operated by the university.
(10) Hazing. Any act which, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization:
(a) Endangers the mental or physical health or safety of any student or other person;
(b) Destroys or removes public or private property; or
(c) Compels an individual to participate in any activity which is illegal or contrary to university rules, regulations or policies.
The express or implied consent of any participant is not a defense. A person who is apathetic or acquiesces in the presence of hazing violates this rule.
(11) Disruptive conduct/obstruction.
(a) Disruptive conduct. Conduct which unreasonably interferes with any person's ability to work or study, or obstructs university operations or campus activities.
(b) Disorderly conduct. Conduct that is disorderly, lewd, indecent or a breach of peace.
(c) Obstruction. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored or university-supervised events.
(d) Demonstration. Participation in a campus demonstration which violates university regulations.
(12) Violations of other laws, regulations and policies.
(a) Violation of a local, county, state, or federal law.
(b) Violation of other university policies, regulations, or handbook provisions.
(13) Assisting/attempts. Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this code.
(14) Acts against the administration of this code.
(a) Initiation of a complaint or charge knowing that the charge was false or with reckless disregard of its truth.
(b) Interference with or attempt to interfere with the enforcement of this code, including but not limited to, intimidation or bribery of hearing participants, acceptance of bribes, dishonesty, or disruption of proceedings and hearings held under this code.
(c) Knowing violation of the terms of any disciplinary sanction or attached conditions imposed in accordance with this code.
(15) Other responsibilities:
(a) Guests. A student, student group or student organization is responsible for the conduct of guests on or in university property and at functions sponsored by the university or sponsored by any recognized university organization.
(b) Students studying abroad. Students who participate in any university sponsored or sanctioned foreign country study program shall observe the following rules and regulations:
(i) The laws of the host country;
(ii) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying;
(iii) Any other agreements related to the student's study program in the foreign country; and
(iv) The student conduct code.
(16) Student organization and/or group offenses. Clubs, organizations, societies or similarly organized groups in or recognized by the university and/or ASEWU are subject to the same standards as are individuals in the university community. The commission of any of the offenses in this section by such groups or the knowing failure of any organized group to exercise preventive measures relative to violations of the code by their members shall constitute a group offense.