EASTERN WASHINGTON UNIVERSITY

[Filed May 29, 2020, 2:56 p.m., effective June 29, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The modifications to chapter 172-191 WAC are needed to address changes in practice and procedure.

Citation of Rules Affected by this Order: Amending WAC 172-191-070 and 172-191-100.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Adopted under notice filed as WSR 20-07-014 on March 5, 2020.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 29, 2020.

Policy and Compliance Manager

AMENDATORY SECTION(Amending WSR 09-19-064, filed 9/14/09, effective 10/15/09)

WAC 172-191-070Hearings.

Following receipt of a request for a hearing under WAC 172-191-060, the registrar will schedule the hearing. The ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee will act as the hearing officer and will provide the student with written notice of the hearing's date, time and place reasonably in advance of the hearing. The student will be provided an opportunity to present evidence relevant to the contested part of the education record. The student may, at his/her own expense, be assisted or represented by one or more individuals of his/her own choice, including an attorney.

(1) The ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee will render his/her decision in writing within a reasonable period of time following the hearing. The decision of the officer shall be the university's final decision. The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. The ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee cannot have a direct interest in the outcome of the hearing.

(2) If the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee determines that the record is inaccurate, misleading, or in violation of the privacy rights of the student and grants the student's appeal, the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee will amend the education records of the student accordingly and inform the student in writing of his/her decision and of the amendment.

(3) If the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee determines that the record is accurate, not misleading and not in violation of the privacy rights of the student and denies the student's appeal, the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee shall notify the student of his/her decision in writing and shall inform them of the right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the decision of the university or both. The university must maintain the statement with the contested part of the record for as long as the record is maintained and must disclose the statement whenever it discloses the portion of the record to which the statement relates.

(4) The appropriateness of official academic grades is not subject to review pursuant to this process.

AMENDATORY SECTION(Amending WSR 18-06-024, filed 2/27/18, effective 3/30/18)

WAC 172-191-100Directory information.

Directory information is defined to include: Student's name, address, email address, telephone number, participation in officially recognized activities and sports, weight, height and birth dates of athletic team members; dates of attendance at the university, enrollment status, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

The university may release "directory information" unless the student files a written request restricting the disclosure of the information. A student's election to opt out of directory information disclosures does not prevent the university from disclosing or requiring a student to disclose his/her name, identifier, or university email address in a class in which the student is enrolled.