WSR 20-02-107
[Filed January 2, 2020, 9:04 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-21-171.
Title of Rule and Other Identifying Information: Chapter 504-26 WAC, Standards of conduct for students.
Hearing Location(s): On February 5, 2020 at 4:00 p.m., at Lighty 401, Washington State University (WSU) Pullman, Pullman, Washington; SPBS 125A, WSU Spokane, Spokane, Washington; TFLO 210, WSU Tri-Cities, Richland, Washington; DEN 301, WSU Vancouver, Vancouver, Washington; Seminar 261, WSU Everett, Everett, Washington; 1-720-707-2699 or 1-646-558-8856 for call-in attendees. Join Zoom meeting from PC, Mac, Linux, iOS, or Android, meeting ID 896 935 775.
Date of Intended Adoption: March 13, 2020.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email, fax 509-335-3969, by February 5, 2020.
Assistance for Persons with Disabilities: Contact Joy Faerber, phone 509-335-2005, fax 509-335-3969, email, by February 3, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is modifying, clarifying, and updating the university's standards of conduct for students.
Reasons Supporting Proposal: The proposed amendments decrease the number of student conduct board members from five to three and remove the option for storage of student firearms at the WSU police department.
The rules regarding the composition of a conduct board are updated because the amount of time required for WSU to schedule and complete student conduct hearings with five conduct board members presents potential Title IX (of the Civil Rights Act) compliance concerns and may negatively impact both reporting and responding students awaiting a conduct hearing. Therefore, WSU proposes changes to WAC 504-26-110 to reduce the number of conduct board members required to hear a case. These changes will reduce the difficulty in scheduling cases for a hearing, reduce waiting times, and reduce the risk of noncompliance with Title IX's timely resolution requirements, while also promoting the well-being of reporting and responding students awaiting a conduct board hearing.
WSU's student conduct code regarding firearms is updated to reflect the discontinuation of student firearm storage by the WSU police department. Recent amendments to RCW 9.41.345 made the university's firearms storage program unfeasible and thus the university discontinued the program. Accordingly, WAC 504-26-213 must be amended to reflect this change in university policy.
Statutory Authority for Adoption: RCW 28B.30.150.
Statute Being Implemented: RCW 9.41.345(5).
Rule is necessary because of federal law, Title IX of the Civil Rights Act of 1964.
Name of Proponent: WSU, public.
Name of Agency Personnel Responsible for Drafting: Danielle Hess, Senior Assistant Attorney General, Attorney General's Office, WSU Division, French Administration 332, Pullman, WA 99164-1031, 509-335-2636; Implementation and Enforcement: Mary Jo Gonzales, Vice President, Student Affairs, French Administration 134, Pullman, WA 99164-1013, 509-335-4531, or Terry Boston, Acting Vice President, Student Affairs, French Administration 134, Pullman, WA 99164-1013, 509-335-4531.
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. The university does not consider these rules to be significant legislative rules.
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(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Is exempt under RCW 19.85.025.
Explanation of exemptions: The amendments to WSU student conduct code only apply to students at WSU, and therefore do not affect business or commerce in any way.
January 2, 2020
Deborah L. Bartlett, Director
Procedures, Records and Forms
and University Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-23-083, filed 11/19/18, effective 12/20/18)
WAC 504-26-110Composition of conduct board.
A conduct board must consist of ((five))three members. A quorum of ((five))three is needed to hear a matter. The presiding officer is not a member of the conduct board and therefore is not considered for purposes of determining whether there is a quorum. A ((majority of))minimum of one conduct board member((s)) hearing a matter must be an enrolled WSU student((s)) (undergraduate, graduate, or professional) and may be full-time or part-time. The remaining members may be students, or full-time or part-time faculty or staff of any rank or classification. When the complainant or respondent is enrolled at a particular campus, at least one member of the conduct board must be from that campus. No conduct board member may serve on a case if the member previously served on a board in a case involving the same complainant or respondent.
AMENDATORY SECTION(Amending WSR 18-23-083, filed 11/19/18, effective 12/20/18)
WAC 504-26-213Firearms and dangerous weapons.
No student may carry, possess, or use any firearm, explosive (including fireworks), dangerous chemical, or any dangerous weapon on university premises or in university-approved housing. Airsoft guns and other items that shoot projectiles are not permitted in university-approved housing. ((Students wishing to maintain a firearm on campus for hunting or sporting activities must store the firearm with the Washington State University department of public safety.))