(1) Student conduct code.
(a) Interpretation: Any questions regarding the interpretation or application of this student conduct code are referred to the vice president for student affairs for final determination.
(b) Review: This student conduct code shall be reviewed at least every three years under the direction of the vice president for student affairs.
(2) Records of conduct review proceedings.
(a) Records of conduct review proceedings under this chapter shall be prepared by the conduct review official(s) involved and maintained by the director of SRR. As much as possible, records should include:
(i) A summary of the proceedings during a prehearing conference;
(ii) An audio recording of conduct review hearings;
(iii) All letters, statements, memoranda, decisions, orders, notices, and other documents related to conduct review proceedings;
(iv) Any images, articles, recordings, or other materials presented as evidence in a conduct review proceeding;
(v) A statement of matters officially noticed or considered by the council or conduct review officer (CRO);
(vi) Evidence submitted, whether or not accepted, any objections and rulings, any cross-examination questions submitted to the council and rulings on such questions;
(vii) Proposed findings, requested orders, and exceptions;
(viii) Recording of the hearing and subsequent transcript, if any;
(ix) Any staff memorandum to the extent required by RCW
34.05.476;
(x) For Title IX complaints, and remedies provided to the complainant designed to restore or preserve equal access to the university's programs or activities; and
(xi) Matters placed on the record after any ex parte communication. "Ex parte" means when a member of the student discipline council or CRO communicates with a party about a nonprocedural matter regarding the hearing when the other party is not present.
(b) The director of SRR shall keep records of conduct review proceedings for seven years.
(c) Records of conduct review proceedings are the property of the university and are confidential to the extent provided in applicable law.
(d) Prior to the final disposition of a case, the respondent may review the records relative to their case. The respondent shall request to review the case records by contacting the CRO. The CRO shall make every reasonable effort to support the respondent's request.
(3) Student disciplinary records.
(a) Student disciplinary records are confidential and shall be treated consistently with the requirements of the Family Educational Rights and Privacy Act (FERPA) and applicable law. Disciplinary records shall be maintained in accordance with the university's records retention schedule.
(b) Release of student disciplinary records. The university shall not communicate a student's disciplinary record to any person or agency outside the university without the prior written consent of the student, except as required or permitted by law. Exceptions include, but are not limited to:
(i) The student's parents or legal guardians may review these records as permitted by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(ii) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(iii) In response to a judicial order or a lawfully issued subpoena.
(iv) The university shall release information related to disciplinary records to complainants or other persons as required by Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other state and federal laws.
(v) Disciplinary records will be made available to hearing councils and university personnel as needed for legitimate educational purposes.
(vi) A student may authorize release of their own disciplinary record to a third party in compliance with FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) by providing a written consent to student rights and responsibilities.
(vii) Any student may review his/her own disciplinary records by contacting student rights and responsibilities.
(viii) A student may obtain a copy of their disciplinary record by making a written request to student rights and responsibilities. Student rights and responsibilities may charge the student a reasonable amount to cover copying expenses.
(ix) The university may disclose to a student's parents a violation of any federal, state, or local law, or of any university policy or rules regarding use or possession of alcohol or a controlled substance so long as the student is under the age of twenty-one at the time of the disclosure to the parent.
(c) When disciplinary records are released, personally identifiable information may be redacted to protect the privacy of others as permitted by law.
(d) Supportive measures. The university will keep any supportive measures provided to the complainant or respondent in sexual misconduct or interpersonal violence cases confidential to the extent that maintaining such confidentiality will not impair the ability of the university to provide the supportive measures.
(4) Holds:
(a) Types of holds. Holds placed on a student's academic records may prevent admission, registration, graduation, or other academic activities. Holds may also restrict access to transcripts, grades, or other academic records.
(b) Discretionary holds: The CRO may place a hold on a student's academic records in either of the following situations:
(i) Pending the student's satisfactory completion of any sanctions imposed by a conduct review hearing; or
(ii) If the student fails to respond to any properly delivered notice from the CRO.
(c) Required holds: The CRO shall place a hold on a student's academic record if the student is the respondent to a violation of the conduct code and has withdrawn from the university, or if the student withdraws from the university after a complaint is filed against the student. A hold is also required if a student is subject to a pending student conduct complaint at the time of graduation. This hold shall remain in place until the allegation or complaint is resolved.
