WSR 17-21-066
[Filed October 16, 2017, 12:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-145.
Title of Rule and Other Identifying Information: Amending WAC 172-90-100, student academic integrity, violations and sanctions.
Hearing Location(s): On December 6, 2017, at 10 a.m., at Eastern Washington University (EWU), Main Campus, 526 5th Street, Room 215A, Tawanka Hall, Cheney, WA 99004.
Date of Intended Adoption: February 23, 2018.
Submit Written Comments to: Joseph Fuxa, EWU, 526 5th Street, 314 Showalter Hall, Cheney, WA 99004, email, fax 509-359-2874, by December 6, 2017.
Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 506-359-2874 [509-359-2874], email, by December 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 172-90-100 will add a sentence to indicate that sanctions of suspension or expulsion may be noted on a student's transcript.
Reasons Supporting Proposal: This is based upon recommendations developed by the American Association of Collegiate Registrars and Admissions Officers. A similar rule is being proposed to the student conduct code so this would align the language of both codes.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: EWU, governmental.
Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 314 Showalter Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.5.328 [34.05.328] (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
October 16, 2017
Joseph Fuxa
Labor Relations Manager
AMENDATORY SECTION (Amending WSR 17-11-052, filed 5/15/17, effective 6/15/17)
WAC 172-90-100 Violations and sanctions.
(1) Violations: Violations of academic integrity involve the use or attempted use of any method or technique enabling a student to misrepresent the quality or integrity of any of his or her work. Violations of academic integrity include, but are not limited to:
(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) Classes of violations:
(a) Class I violations are acts that are mostly due to ignorance, confusion and/or poor communication between instructor and class, such as an unintentional violation of the class rules on collaboration. Sanctions for class I offenses typically include a reprimand, educational opportunity, and/or a grade penalty on the assignment/test.
(b) Class II violations are acts involving a deliberate failure to comply with assignment directions, some conspiracy and/or intent to deceive, such as use of the internet when prohibited, fabricated endnotes or data, or copying answers from another student's test. Sanctions for class II offenses typically include similar sanctions as described for class I violations, as well as a course grade penalty or course failure.
(c) Class III violations are acts of violation of academic integrity standards that involve significant premeditation, conspiracy and/or intent to deceive, such as purchasing or selling a research paper. Sanctions for class III violations typically include similar sanctions as given for class I and II violations, as well as possible removal from the academic program and/or suspension or expulsion.
(3) Sanctions: A variety of sanctions may be applied in the event that a violation of academic integrity is found to have occurred. Sanctions are assigned based primarily on the class of the violation and whether or not the student has previously violated academic integrity rules. Absent extenuating circumstances, assigned sanctions are imposed without delay and are not held in abeyance during appeal actions. Sanctions may be combined and may include, but are not limited to:
(a) Verbal or written reprimand;
(b) Educational opportunity, such as an assignment, research or taking a course or tutorial on academic integrity;
(c) Grade penalty for the assignment/test;
(d) Course grade penalty;
(e) Course failure;
(f) Removal from the academic program;
(g) Suspension for a definite period of time; and
(h) Expulsion from the university.
If a student was previously found to have violated an academic integrity standard, the sanction imposed for any subsequent violations should take into account the student's previous behavior. Sanctions of suspension or expulsion may be noted on a student's transcript.
(4) Sanctioning authorities:
(a) Instructors may impose reprimands, educational opportunities, grade penalties, and/or course failure sanctions and may recommend more severe sanctions.
(b) The academic integrity board has the authority to impose the same sanctions as an instructor, or to modify any sanctions imposed by the instructor. In addition, the AIB may remove a student from an academic program, with the concurrence of the instructor and the department chair. The AIB may also refer the case for an AIB hearing per WAC 172-90-170 for cases where possible sanctions include suspension or expulsion.
(c) An AIB hearing panel's recommendation to suspend or expel a student will be forwarded to the director of student rights and responsibilities. The director of student rights and responsibilities will ensure the student is provided with a full council hearing under the Student conduct code, chapter 172-121 WAC. In such cases, a member of the AIB hearing panel will serve as the "complainant" for purposes of the student conduct code process. The AIB hearing panel member will explain the hearing panel's findings and recommendations to the student discipline council. The student discipline council will make its own factual determinations and may impose a sanction of suspension or expulsion, or a lesser sanction, in accordance with the student conduct code.