WESTERN WASHINGTON UNIVERSITY

Western Washington University students enjoy the same basic rights, privileges, and freedoms granted to all members of society. At the same time, acceptance of admission to the university carries with it an obligation to fulfill certain responsibilities and expectations as a member of the Western Washington University community.

As ((a condition of enrollment at)) members of the Western community, 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 both on and off campus.

The student conduct process ((at Western is designed to be a learning process that promotes an understanding of students' 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)) is intended to be educational in ensuring that students act in a manner consistent with high standards of scholarship and behavior, while maintaining the safety and well-being of all members of the university community.

As used in this chapter, the following words and phrases mean:

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

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

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

(6) Conduct officer. ((The student)) A conduct officer or ((his/her)) their authorized designee as determined by the dean of students.

(7) Dean of students. The dean of students or ((his/her)) their authorized 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, registered volunteer or who is otherwise employed or contracted by the university. Any question regarding a person's status in a particular situation for purposes of this code 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," the standard of responsibility that is used when determining whether a violation of the student ((rights and responsibilities)) conduct code has occurred.

(12) Student. Any person who:

(a) Has been formally admitted to the university;

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

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

(d) Is participating in a university-sponsored study abroad program;

(e) Was enrolled in a prior quarter or summer session at the university and is eligible to continue enrollment in the quarter or summer session that immediately follows; or

(f) Withdrew from the university after an alleged violation of the code, for conduct that occurred while they were enrolled in or participating in a program offered by the university.

(13) University. Western Washington University and all associated programs, including those offered online 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, and may include student staff members.

(15) University property. All land, buildings, facilities, electronic presences and other property that is owned, used, leased, or controlled by Western Washington University wherever located. University property also includes computer systems, and adjacent streets and sidewalks.

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

(1) The student ((rights and responsibilities)) conduct code applies to all conduct that occurs on university property or in connection with any official university function.

(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)) conduct 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)) a conduct officer shall consider the seriousness of the alleged offense, the risk of harm involved, and whether the alleged ((victim(s))) complainant(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. 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 classes, requesting an official transcript, 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.

(1) In situations involving intoxication, alcohol poisoning, or drug-related medical issues, students are encouraged to seek swift medical assistance for themselves and others without fear of penalty. Students requesting and receiving medical assistance in these situations will not typically be subject to the student conduct process. This policy refers to isolated incidents and does not excuse students who repeatedly or flagrantly violate the alcohol or drug policy, nor does it preclude action arising from other violations of the code. Western will consider the positive impact of reporting a situation when determining any course of action.

(2) Complainants and witnesses who in good faith report sexual violence will not be subject to alcohol or drug violations of the code occurring at or near the time of the sexual violence unless their own conduct placed another person's health or safety at risk. Without imposing sanctions, Western may initiate educational remedies regarding alcohol or drug use.

Conduct that harms, attempts to harm, or threatens the health or safety of any ((person, including oneself, is a violation of the code. Conduct that threatens health or safety)) member of the Western community by any means (e.g., in person, through a third party, online), or others on university property or in connection with any official university function, is a violation of the code. This includes, but is not limited to:

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

(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)) and would cause a reasonable person to fear for their safety or well-being.

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

Behavior that substantially disrupts, disturbs, or interferes with the ability of students to learn or university officials to perform their assigned duties is a violation of the code. Disruptive behavior includes, but is not limited to:

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

(((a))) (1) Classroom activities or other educational pursuits;

(((b))) (2) Official university activities or functions including, but not limited to, ceremonies, meetings, office functions, performances, or athletic events;

(((c))) (3) Pedestrian or vehicular traffic; or

(((d))) (4) The preservation and protection of university property and/or the personal property of members of the university community.

(3) Engaging in any form of behavior that is meant to threaten or intimidate a member of the university community based on 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.)) Harassment is conduct by any means that is severe or pervasive. It is of such a nature that it would cause a reasonable person in the complainant's position substantial emotional distress and undermine their ability to work, study, or participate in their regular life activities or participate in the activities of the university. Harassment causes the complainant substantial emotional distress and undermines the complainant's ability to work, study, or participate in the complainant's regular life activities or participate in the activities of the university.

Discrimination or discriminatory harassment is prohibited on the basis of race; sex; sexual orientation; gender identity/expression; religion; age; color; creed; national or ethnic origin; physical, mental, or sensory disability (including disability requiring the use of a trained service animal); marital status; genetic information; and/or veteran status; and as defined in Western Washington University policy POL-U1600.02 and POL-U1600.04, which prohibit discrimination, sexual harassment, and sexual misconduct. Anyone complaining or involved in a complaint of discrimination is protected against retaliation.

(1) Sexual harassment is a violation of the code. Sexual harassment is unwelcome conduct of a sexual nature including unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, electronic, or physical conduct of a sexual nature, when:

(a) It has a tangible impact on a student's education including, but not limited to, classroom experiences, academic grades, living environment, participation in a university activity; or

(b) It is sufficiently severe and/or pervasive to interfere with a member of the university community's ability to work, study, or participate in their regular activities, or benefit from the university's programs or activities and creates a hostile environment.

(2) 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, and is a violation of the code. Gender-based harassment violates this code when it is sufficiently severe and/or pervasive, such that it denies or limits another's ability to work, study, participate in, or benefit from the university's programs or activities.

(3) Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

(4) Public intoxication by persons of any age. See also policy concerning alcohol and other drugs in the catalog.)) Except as permitted by law (e.g., possession or use by a person of legal age) and/or university policy, the possession, use, distribution, or sale of alcohol while on university property or at an official university function is a violation of the code. See also Policy Concerning Alcohol and Other Drugs in the appendices section of the university catalog.

(3) Intentionally misusing or distributing prescription drugs. See also policy concerning alcohol and other drugs in the catalog.)) Except as permitted by law and university policy, the possession, use, cultivation, manufacturing, packaging, distribution, or provision of a controlled or illegal substance or the possession of drug paraphernalia while on university property or at an official university function is a violation of the code. This code violation also includes the intentional misuse or distribution of prescription drugs. See also Policy Concerning Alcohol and Other Drugs in the appendices section of the university catalog.

Interfering with the conduct process is a violation of the code. This includes, but is not limited to:

(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)) retaliation against a complainant((s)) or ((witnesses)) witness;

(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.

Misuse of computers, electronic data, or communication systems is a violation of the code. This includes, but is not limited to:

(1) Unauthorized entry into a file, web page, e-mail account, or online 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 (including wireless 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 (including wireless networks), equipment, or services to "cyber stalk" another person or to send obscene, abusive ((or)), harassing, or sexually harassing messages;

(5) The use of campus computing facilities, networks (including wireless 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 (including wireless 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 (including wireless 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.

(3) Sexual misconduct represents a range of behavior; it can occur between strangers or acquaintances, including individuals 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.)) Sexual misconduct is a violation of the code and includes nonconsensual sexual contact, sexual exploitation and sexual violence (sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination). See also WAC 516-21-110 Harassment (other than sexual harassment or discriminatory harassment), WAC 516-21-115 Discrimination or discriminatory harassment, WAC 516-21-060 Conduct that harms or threatens, WAC 516-21-188 Stalking, WAC 516-21-184 Dating violence, and WAC 516-21-186 Domestic violence.

Conduct by a student who is or has been in a romantic or intimate relationship with another that intentionally or recklessly causes bodily injury or places another in reasonable fear of serious bodily injury is a violation of the code. The nature of the relationship is determined by the length, type, and frequency of interaction between them. Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

Conduct by a student who is a current or former spouse or intimate partner (including between two people that share a child in common) that intentionally or recklessly causes bodily injury, or causes another to be in reasonable fear of serious bodily injury is a violation of the code. Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

Engaging in a course of unwelcomed conduct (e.g., following, monitoring, observing, surveilling, threatening, communicating or interfering with property) directed at a specific person that would cause a reasonable person to fear for their safety, or the safety of others, or suffer substantial emotional distress, is a violation of the code. Stalking includes, but is not limited to, conduct occurring in person, electronically, and/or through a third party.

Students are expected to abide by all local, state, and federal laws while on campus or at official university functions. Failure to comply with these laws is a violation of the code.

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)) as set forth in 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.

Failure by the student to notify the dean of students of any off-campus felony arrest, or when the arrest is for an offense that is violent, weapons-related, involves kidnapping, or requires that the student register as a sex offender by any legal authority within the U.S., is a violation of the code. The university may send a letter to the student requiring that they make an appointment for an interview. During this interview, the dean of students or their designee shall discuss with the student:

(1) The facts involved in the student's arrest;

(2) The student's obligation to keep the university informed of the progress of any criminal charge(s);

(3) The student's obligation to advise the university of the final disposition of any criminal charge(s); and

(4) Whether the behavior falls under jurisdiction of the student code.

The university will cooperate with law enforcement and other agencies administering a corrective or rehabilitative program for the student. See also POL-U5620.02 Notifying Campus Community About Sex and Kidnapping Offenders.

Violation of any published university policy, rule, or regulation is a violation of the code.

Possession, use, ((unauthorized)) storage, or manufacture of firearms, ammunition, explosives, or other weapons or destructive devices capable of causing bodily injury or damage to property, on university property or at official university functions, is a violation of the code. Weapons and destructive devices include, but are not limited to, the unauthorized use or possession of:

(1) Firearms or projectile devices of any kind, including BB, pellet, paintball, and airsoft guns, bow and arrow, and sling shots;

(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;)) Dangerous chemicals;

(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.)) Weapons classified as dangerous in RCW 9.41.250.

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

Sanctions serve many purposes including, but not limited to, educating students about the seriousness of their actions; reinforcing the high standards of scholarship and behavior expected of Western students; promoting student development; and maintaining the safety and well-being of members of the university community. When a student admits responsibility or is found in violation of the code, ((the)) a conduct officer or dean of students may impose one or more of the sanctions listed in this section. This list of sanctions is not meant to be exclusive. Other sanctions, designed or intended to enhance the educational value of conduct proceedings, may be applied in a given case.

(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 violation(s) of the code. 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) Campus residence hall or apartment relocation. A student's on-campus living arrangements may be transferred to another residence hall or apartment.

(10) Termination of university residences agreement. A student may be removed from their campus residence hall or apartment 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, completion of 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.

(1) The vice-president for enrollment and student services is responsible for administration of the code. Supervision of the code has been delegated by the vice-president to the dean of students.

(2) ((The)) A conduct officer(s) shall be appointed and supervised by the dean of students or ((his/her)) their authorized designee. ((The)) A conduct officer has the authority to ((adjudicate)) consider complaints, make findings, and administer sanctions for violations of the code. In complaints alleging discrimination or sexual violence, which includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, an investigation and written report of findings from Western Washington University's equal opportunity office (or their designee) will be provided to a conduct officer in lieu of the conduct officer's investigation.

(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:)) Appeal board members shall be appointed to consider appeals of a conduct officer's findings and sanctions. Appeal board members shall include a pool of the following:

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

(b) ((Three)) Six student members, appointed by the associated students board of directors and/or residence hall association. Student board members must:

(iii) Be confirmed by the dean of students; and

(c) ((One)) Four staff members, generally but not exclusively from the division of enrollment and student services, ((nominated)) confirmed by the dean of students ((and confirmed by the vice-president for enrollment and student services.

(6) Conduct officers, the appeals board, and the dean of students or authorized designees have full authority to administer a decision under the code.

((All)) Alleged violations of the code will be resolved through the student conduct process, respecting fairness and due process for all involved parties.

(1) A student((s)) accused of violating the code ((have)), known as the respondent, has 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;

(c))) Receive prior written notice to attend meetings with a conduct officer or hearings with an appeals board delivered via e-mail to the student's official university e-mail account;

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

(((d))) (c) Be accompanied through the conduct process by ((a person)) an advisor 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)) and at their own expense. A respondent should select as an advisor a person who is not involved in the same complaint and whose schedule allows attendance at the scheduled date and time for the scheduled meeting or hearing. The scheduling conflicts of an advisor are not considered good cause for a delay;

(e) Review information relied upon by the conduct officer or appeals board in making a determination;

(f) Receive written notification of the ((conduct officer's)) findings ((and)), decision, and basis for each, delivered via e-mail to the student's official ((@students.wwu.edu)) university e-mail 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))) final meeting with a conduct officer, or ten business days of the date of a hearing with an appeals board;

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

(h) Request a review of an appeal, as described in WAC 516-21-280 Basis for appeal; and

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

(2) An individual((s)) who ((have)) has filed a complaint ((or are the victim of an alleged violation of the code have)) alleging violence or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, known as the complainant, has certain rights in the conduct process. These include the right to:

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

(c))) Receive prior written notice to attend meetings with a conduct officer or hearings with an appeals board delivered via e-mail to the student's official university e-mail account;

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

(((d))) (c) Be accompanied through the conduct process by ((a person)) an advisor 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);

(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)) and at their own expense. A complainant should select as an advisor a person who is not involved in the complaint and whose schedule allows attendance at the scheduled date and time for the scheduled meeting or hearing. The scheduling conflicts of an advisor are not considered good cause for a delay;

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

(3) For incidents involving ((violence or)) sexual violence, including ((sexual harassment, misconduct, and/or assault, victims)) sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, complainants shall have the following additional rights:

(a) To be notified of the availability of counseling, academic support, and general 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);

(d) To 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.)) Have past behavior unrelated to the alleged behavior excluded; the conduct officer, appeals board chair, or dean of students will make a final determination regarding such behavior if in question;

In consultation with university officials, the dean of students may suspend a student from the university on an immediate interim basis, pending ((disciplinary or)) criminal proceedings, or a medical evaluation, and/or action through the student conduct process.

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

(d) The student is alleged to have committed a serious violation of local, state, or federal law.)) when the dean of students has cause to believe that the student:

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

(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)) university account and ((via certified mail to the student's local address on file)) in person if possible, shall include the ((stated)) alleged violation(s), the circumstances, reasons, 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)) fewer 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, or why the suspension should be less restrictive.

(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 available evidence.

(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.)) (1) Any member of the university community may file a complaint against a student for a violation of the student conduct code. A complaint should be made in writing to the office of student life. Additionally, information received from any source (police report, third party, online, etc.) may be considered a complaint.

(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.)) (1) A student found in violation of the code may appeal the conduct officer's findings and/or the sanctions imposed. For incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, a complainant may also request an appeal. An appeal may be requested for any reason including:

(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.)) (1) Appeals can be made by the respondent (or complainant in incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination) and must be made to the dean of students.

Deviations from the timelines set forth in this code may be granted by the dean of students, upon request, for good cause. Respondent (and complainant, if applicable) will be informed simultaneously and in writing of extensions and the reason for the extension.

(1) The confidentiality of all conduct proceedings and records will be maintained in compliance with the student records policy, as well as all applicable state and federal laws. Conduct records prepared by ((the)) a conduct officer, the appeals board, and/or the dean of students:

(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, or as required by law or court order.

(2) The conduct officer's findings may be shared with the ((victim)) complainant, as required by law, in cases involving violence or sexual violence, including sexual ((harassment, misconduct or)) assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination. The ((disciplinary)) findings may also be shared with university officials involved in the completion or supervision of the sanction and/or the student. See also chapter 516-26 WAC, Student records.

(((1))) The code shall be reviewed every five years or more often, if needed, by the committee on the student ((rights and responsibilities)) conduct code. The committee on student rights and responsibilities shall include((:

(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)) students, faculty, and staff. Once recommendations are complete, they will be forwarded to the vice-president for enrollment and student services. See also POL-U1000.11 Developing and Maintaining University Provisions of the Washington Administrative Code.