Original Notice.

     Preproposal statement of inquiry was filed as WSR 00-21-014.

     Title of Rule: Chapter 516-23 WAC, Student rights and responsibilities code.

     Purpose: Provides students with a code of conduct and responsibilities that coincides with the university's mission.

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

     Statute Being Implemented: None.

     Summary: Repeal all existing sections in chapter 516-23 WAC; adopt proposed new sections of student rights and responsibilities code for chapter 516-23 WAC.

     Reasons Supporting Proposal: To update Western's student rights and responsibilities code.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ted Pratt, Dean of Students, Old Main 110, Mailstop 9019, (360) 650-3844.

     Name of Proponent: Western Washington University, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 516-23 WAC, Students rights and responsibilities code, provides students with a code of conduct and responsibilities that coincide with the university's mission.

     Prominent changes include:

•     Update the code to reflect the current structure of university judicial affairs;

•     Clearer statements on various conduct violations;

•     Provide students with an option of appeal to either the judicial review board or the dean of students;

•     Changed notice from five days to three days to coincide with university residences.

     Proposal Changes the Following Existing Rules: Proposal repeals all current sections in chapter 516-23 WAC and creates new rules for a student rights and responsibilities code.

     See Summary, Reasons Supporting Proposal, and Explanation of Rule above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No monetary implications; no costs imposed on small business through adoption of these changes.

     RCW 34.05.328 does not apply to this rule adoption. Rules relate to internal governmental operations.

     Hearing Location: Western Washington University, Board Room, Old Main 340, 516 High Street, Bellingham, WA, on October 10, 2002, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Western Washington University, Office of Student Life, TDD (360) 650-3725.

     Submit Written Comments to: Suzanne Baker, Rules Coordinator, 516 High Street, Bellingham, WA 98225-9015, fax (360) 650-6197, by October 3, 2002.

     Date of Intended Adoption: December 13, 2002.

August 6, 2002

Suzanne M. Baker

Rules Coordinator

OTS-5711.3

NEW SECTION
WAC 516-23-200   Preamble.   Western Washington University students enjoy the basic rights of all members of society. At the same time, students have an obligation to fulfill their responsibilities as members of the university. As stated in the university's mission, Western is dedicated to the pursuit of truth, learning and the dissemination and development of knowledge, and service to the community.

     The objectives of the university conduct system are that students act in a manner consistent with the high standards of scholarship and behavior relevant to an institution of higher education, to sustain campus-wide safety, and to adhere to the university mission. Students are expected to abide by university policies and regulations, as well as federal, state, and local laws. An alleged student violation will be resolved through a process as defined in the code respecting basic fairness for the accused and the victim.

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     (1) "Appeals board" refers to the judicial appeals board.

     (2) "Bulletin" refers to the Western Washington University bulletin/catalog.

     (3) "Campus" refers to all property owned or supervised by the university, including adjacent streets and sidewalks and off-campus program sites.

     (4) "Code" refers to the student rights and responsibilities code.

     (5) "Dean of students" refers to the director of student life/dean of students.

     (6) "Student" includes all persons with active student status, full or part time. Matriculated students that have not enrolled are students under this code. Nonmatriculated international students attending language institutes or foreign study programs at the university shall also be considered students under this code.

     (7) "University" refers to the programs, activities, and current members of the Western Washington University community.

     (8) "Judicial officer" refers to the university judicial officer.

     (9) "WAC" refers to the Washington Administrative Code.

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     Sanctions against student organizations are decided by the procedures established by the university administrative unit governing the recognition of each organization. Disciplinary proceedings against individual member(s) of a student organization can be initiated under this code independent of action taken against the student organization.

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     (1) Western students observe the highest standards of academic integrity in the ethical pursuit of truth and learning;

     (2) Western students are respectful of the rights, welfare, and property of others;

     (3) Western students strive to be involved and productive citizens in a diverse, pluralistic, and democratic society; and

     (4) Western students exercise their state and federal constitutional rights to free speech, petition, and assembly in means that do not disrupt the university's functions or interfere with the rights and well-being of others.

     Students must comply with policies and regulations that may impact the educational, administrative, or university-sponsored programs or functions. The university may initiate disciplinary action against any student alleged to have committed inappropriate conduct on campus or otherwise under the jurisdiction of this code.

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     Students shall not claim as their own the achievements, work, or arguments of others, nor shall they be party to such claims. According to the academic dishonesty policy and procedure, academic dishonesty consists of misrepresentation by deception or by other fraudulent means. Academic dishonesty compromises the instructor's ability to fairly evaluate a student's work or achievement. For a list of actions that are examples of academic dishonesty, see the bulletin, academic dishonesty policy and procedure. Furthermore, students found to have violated canons of ethical research and scholarship, as defined in the policy and procedural guidelines for misconduct in research and scholarship, may also be subject to disciplinary action. See bulletin, academic dishonesty policy and procedure.

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     (1) Substantial disruption of classes, laboratories, offices, services, meetings, or ceremonies;

     (2) Obstructing free movement of people or vehicles: Peaceful picketing is permitted only as long as it takes place outside buildings and does not interfere with the flow of traffic to and from buildings;

     (3) Conduct which threatens harm, incites violence, or endangers the health and safety of any person;

     (4) Creating noise in such a way as to interfere with university functions or using sound amplification equipment in violation of appropriate use of amplification sound, as administered by the viking union, see policy on exterior space use;

     (5) Intentionally or recklessly interfering with any university or student program or activity, including teaching, research, administration, or meetings; and

     (6) Inciting others to engage in prohibited conduct.

     See WAC 516-24-130 Demonstrations.

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     (1) Sexual harassment;

     (2) Sexual intimidation;

     (3) Sexual coercion;

     (4) Sexual exploitation;

     (5) Sexual assault; and

     (6) Any unwanted sexual contact without clear verbal and/or physical prior consent.

     Consent for sexual contact must be given in absence of force, threat of force, or coercion and cannot be given while a person is intoxicated, impaired, or mentally incapacitated. Consent must be clearly communicated to both parties, and it must be current to any mutually agreed sexual contact. See bulletin, sexual misconduct policy and procedure.

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     (1) Unwanted and/or intimidating contact and/or communication of a threatening nature;

     (2) An expressed or implied threat to an individual's personal safety or property, academic efforts, employment, or participation in university activities;

     (3) Intentionally and/or repeatedly following or contacting another person in a manner that intimidates, harasses, or places another in fear for their personal safety or to their property; and

     (4) Behavior that threatens or intimidates that is motivated on the basis of race, national or ethnic origin, creed, age, sex, marital status, status as a veteran, sexual orientation, or disability.

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     (1) Interference with university computers or communication functions, the work of other students, faculty members, or university officials;

     (2) Gaining unauthorized access to computer or communication systems, altering data, or misusing computing facilities;

     (3) Using university computing facilities to send harassing messages or generating unwanted e-mails (as defined in WAC 516-23-290 Harassment and/or threats of violence);

     (4) Commercial use of university computer resources; and

     (5) Failure to comply with posted policies including providing officials with current student identification.

     See policy for responsible computing and the user agreement for WWU network and computing resources.

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     Proceedings under this code may be carried out prior to, simultaneously, or following civil or criminal proceedings in the courts. Since the standard of proof, preponderance of the evidence, under this code is different than criminal law, the disciplinary decision is not subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced by a court of law.

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     (1) Falsely making, completing, or altering any university document, record, or identification;

     (2) Possessing or presenting as authentic any falsified document, record, or identification; and

     (3) Providing any university official, including university police, information known to be false.

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     (1) Buying, selling, serving, or otherwise furnishing alcoholic beverages to minors; and

     (2) Consumption of alcoholic beverages by minors.

     See bulletin, policy concerning alcohol and other drugs.

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     (1) Firearms of any sort;

     (2) Look-alike weapons;

     (3) BB, pellet, and paintball guns;

     (4) Swords, knives (other than small closed-blade, three and one-half inch pocket knives or smaller or kitchen utensils);

     (5) Martial art weapons;

     (6) Projectile devices; i.e., catapult or slingshot; and

     (7) Objects used as a weapon to distress or injure another.

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

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     (1) Giving reports or claims known to be false;

     (2) Attempting to influence the impartiality of witnesses or judicial member(s);

     (3) Failure to properly complete a sanction(s) as specified;

     (4) Participating in, and/or encouraging retribution against complainants or witnesses; and

     (5) Threatening and/or harassing complainants or witnesses.

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     (1) Classroom activities and other educational pursuits;

     (2) Recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities;

     (3) Pedestrian and vehicular traffic; and

     (4) Preservation and protection of university property and personal property of individuals.

     See WAC 516-24-130 Demonstrations.

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     If both parties agree to mediate the complaint, and the judicial officer agrees, mediation may be substituted for a conduct meeting. If mediation is unsuccessful, the original complaint will be considered and decided by the judicial officer.

     If, in the judicial officer's judgment, there is sufficient basis to consider the charge(s), the judicial officer shall:

     (1) Provide the student with the student rights and responsibilities code;

     (2) State the nature and date of the alleged violation;

     (3) Specify the portion of the code the student is alleged to have violated;

     (4) Notify the accused student of the availability of procedural advice regarding the code; and

     (5) Notify the accused student in writing of the time, date, and place of a meeting (the meeting will occur no less than three and no more than ten business days from the date of notification). The student may elect to waive the three-day notice if an earlier date is mutually agreed upon.

     The judicial officer will determine the accuracy and responsibility of the allegation(s) in a meeting with the accused student. Within ten business days of the meeting, the judicial officer shall notify the student in writing of the decision. If there are multiple individuals involved in the incident, and if it is deemed necessary to determine responsibility, individual decision letters will be mailed to each student ten business days after the final meeting for the specific incident. The decision letter will include a statement of the student's option for a review by the appeals board or the dean of students.

     A student formally charged with a violation may not avoid judicial proceedings by withdrawing from the university. The student shall be prohibited from enrolling for subsequent quarters until such time as the student does appear for a meeting to consider the allegation. If the student fails to meet with the judicial officer after receiving proper notification, the judicial officer may render a decision on the allegations in the student's absence.

     If there is insufficient basis to consider the charge, the individual initiating the complaint will be informed.

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     Rights include:

     (1) To obtain information and procedural advice from the university;

     (2) To decline to participate in university conduct proceedings;

     (3) When appropriate, to be advised of their options to bring civil or criminal charges against the accused;

     (4) To be accompanied by an advocate of their choice throughout the judicial process. The advocate may advise the student, but may not address the judicial officer, the appeals board, or the dean of students;

     (5) To make a statement regarding the impact of the student's conduct, either orally or in writing, to be considered during the sanctioning portion of the conduct and/or the review meetings;

     (6) To be informed when a review is made of the judicial officer's decision;

     (7) To not be subjected to discussion of his or her history or behavior that does not bear instrumentally on the case being heard;

     (8) In cases involving violence, including sexual misconduct/assault, the student will be informed of the finding by the judicial officer and/or the judicial review board or dean of students within ten business days of its conclusion; and

     (9) If appropriate, restitution will be provided by the accused.

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     (1) Is entitled to a fair judicial process;

     (2) Will receive proper written notice of the charge(s) with a clear description of the basis for the charge(s);

     (3) Has an opportunity to meet with the judicial officer or designated representative;

     (4) May obtain information and procedural advice from the university;

     (5) May have one advocate present at the meeting(s). The advocate may give advice to the student, but may not address the judicial officer, appeals board, or the dean of students;

     (6) Must give written permission to record statements made during the meeting;

     (7) May present witnesses and be able to request questions of witnesses, prior to or after a meeting;

     (8) Will receive written notification of the judicial officer's decision within ten business days from the date of the meeting; and

     (9) May request a review of the judicial officer's decision to the appeals board or the dean of students within ten days of receiving the decision letter.

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     (1) Warning: A written reprimand that the student has violated the student rights and responsibilities code;

     (2) Disciplinary probation: Probation is for a designated period of time. Students who violate the code during this probationary period are subject to more severe disciplinary sanctions;

     (3) Loss of privileges: Denial of specified privileges (i.e., participation in specific activities, restriction from specific areas of campus) for a designated period of time;

     (4) Restriction from contacting others: Restricting the student from direct or indirect physical and/or verbal contact with another person and/or group;

     (5) Educational activities: Activities designed to encourage student development may include, but are not limited to, community service, attendance at educational programs, or written assignments;

     (6) Assessment, counseling, and treatment programs: Interventions to assist students with possible substance abuse or other types of unsafe behaviors;

     (7) Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement;

     (8) Residence hall relocation: Transfer of living arrangements to another university residence hall or apartment;

     (9) Termination of university residences agreement: Removing the student from university residences;

     (10) Disciplinary suspension: Removing the student from the university for a designated period of time, after which, the student is eligible to return. Conditions for readmission may be specified. In addition to disciplinary suspension, see chapter 516-28 WAC, Standards and procedures for involuntary administrative withdrawal of students at Western Washington University for behavior from mental disorders;

     (11) Deferred suspension: Notice of suspension from the university with the provision that the student may remain enrolled contingent on meeting specific conditions. Failure to meet the conditions of the sanctions will result in immediate suspension; or

     (12) Disciplinary expulsion: Permanent and complete dismissal of the student from the university.

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     In all cases of interim suspension, the student is entitled to a meeting before the judicial officer or the dean of students. The meeting shall take place within three business days after the beginning date of interim suspension. During the interim suspension period, the student will be allowed on university property only to the extent deemed permissible by the dean of students and/or the judicial officer. If a student fails to appear at his or her meeting, the suspension will stay in effect until the meeting has been completed and a new decision is made regarding all of the information and the student's status.

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     The basis for a review is:

     (1) The original meeting was not conducted in conformity with prescribed procedures;

     (2) The university judicial officer misinterpreted the code;

     (3) The sanction(s) imposed is disproportionate to the student violation; or

     (4) The decision reached did not properly consider the information presented.

     No sanction will begin while an appeal is pending, except as provided in WAC 516-23-470, Procedures for immediate interim suspension. Temporary relocation of the student to alternative on-campus housing and restrictions between the affected parties may be enforced during an appeal.

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     (a) Time, date, and location of the hearing;

     (b) Identification of the section of the code that the student has allegedly violated;

     (c) Nature and date of the alleged violation; and

     (d) A copy of the code.

     (2) The appeal hearing shall not be less than three or more than ten business days from the date of notification. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon. If the student fails to appear at the hearing, the appeals board or dean of students may proceed with the appeal based upon consideration of the available information without the student's presence, or may dismiss the appeal. The rights of the accused student are listed under WAC 516-23-450.

     (a) The appeals board chair or dean of students and the accused student may call any person to speak concerning the alleged violation.

     (b) The board chair or dean of students may limit or exclude testimony that is irrelevant, immaterial, or repetitious.

     (c) Five members shall constitute a quorum of the appeals board. Actions by the appeals board require agreement by a majority of those members present at the time of the hearing.

     (d) Any member of the board that is unable to render an impartial decision in a particular case shall excuse himself or herself from the board's deliberations in advance and may be replaced by an alternate.

     (e) The decision of the appeals board or dean of students may eliminate, reduce, maintain, modify and/or increase the original decision and sanction.

     (f) New substantive information that was not presented at the time of the original conduct meeting will not be considered during the appeal. When new substantive information is present prior to the appeal hearing and the new evidence could impact the original decision, the allegation(s) will be reheard by the judicial officer.

     (3) The appeals board chair or dean of students shall notify the accused student in writing of the disposition of the case within ten business days of the appeal hearing.

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     (1) Will be held in the office of student life for six years, except in cases of suspension, interim suspension, or expulsion, which are permanent records; and

     (2) 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.

     The disciplinary outcome may be shared with the victim and those within the university involved in the completion and/or supervision of the sanction and/or student. See bulletin and chapter 516-26 WAC, Student records.

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     (1) The student lacks the capacity to respond to pending disciplinary charges due to a mental disorder; and/or

     (2) The student does not know the nature of the wrongfulness of the conduct due to a mental disorder at the time of the alleged offense.

     Students otherwise subject to disciplinary charges who wish to introduce relevant information of any mental disorder must inform the dean of students or designated representative in writing at least one business day prior to any judicial meeting. The dean of students shall make a determination within five business days after the student's written submission. Verification of any mental disorder may not be considered in any judicial proceeding under this code other than involuntary withdrawal. See chapter 516-28 WAC involuntary withdrawal due to mental disorders.

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     (1) The supervision of the code has been delegated to the dean of students or designated representatives.

     (2) The judicial officer shall be appointed and supervised by the dean of students.

     (3) The judicial officer shall have the authority to adjudicate and administer sanctions for violations of this code.

     (4) The appeals board or the dean of students shall have authority to review the judicial officer's decision and to render decisions under the code.

     (5) A six-member appeals board shall be appointed at the beginning of each fall quarter term. The appeals board will consist of the following:

     (a) Two faculty members nominated by the dean of students and confirmed by faculty senate;

     (b) Three students appointed by the associated students board; and

     (c) One member of the student affairs and academic support services staff nominated by the dean of students and confirmed by the vice-president for student affairs and academic support services.

     There will be one alternate for each of the three areas represented on the appeals board. The alternates will be appointed at the same time by the same authority. Student appointments shall be for one academic year. Faculty and staff appointments shall be for staggered two-year terms.

     The dean of students shall request that all appointments be initiated during the first full month of the fall quarter. Should the need arise during the summer term, appeals of the code will be heard by the dean of students or an interim board appointed by the dean of students.

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     (1) Alleged acts and threats of physical violence, and/or sexual misconduct;

     (2) Alleged violations of distribution or sale of illegal drugs or other controlled substances;

     (3) Alleged violations by nonresidential students while on university residences' premises or at events sponsored by university residences;

     (4) Alleged policy violations initiated near the end of or after a student's contract with university residences;

     (5) Alleged computer misconduct when nonresidents are the victims (e.g., sending mass unsolicited e-mails, copyright violations); and

     (6) Alleged violations serious enough to result in suspension or expulsion from the university.

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     (1) Five students, three appointed by the associated students board of directors, including at least one graduate student, and two students appointed by university residence hall association;

     (2) One member from the student affairs division appointed by the vice-president of student affairs and academic support services;

     (3) One faculty member appointed by the faculty senate;

     (4) The judicial officer;

     (5) One member of the university public safety department appointed by the director of public safety; and

     (6) One member of the university residences' staff.

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     The following sections of the Washington Administrative Code are repealed:

WAC 516-23-005	Preamble.
WAC 516-23-010	Definitions.
WAC 516-23-015	Jurisdiction.
WAC 516-23-020	Relationship between civil and criminal law and university disciplinary proceedings.
WAC 516-23-025	Actionable offenses.
WAC 516-23-030	Disruptive behavior.
WAC 516-23-035	Academic dishonesty.
WAC 516-23-040	Forgery and fraud.
WAC 516-23-045	Interference with freedom of expression.
WAC 516-23-050	Alcohol and other drugs policy violations.
WAC 516-23-055	Misuse of computers, electronic data or communications.
WAC 516-23-060	Hazing.
WAC 516-23-065	Sexual misconduct.
WAC 516-23-070	Violence and harassment.
WAC 516-23-075	Judicial structure.
WAC 516-23-080	Conduct proceedings.
WAC 516-23-085	Appeals.
WAC 516-23-090	Basis for appeal.
WAC 516-23-095	Appeal hearing procedures.
WAC 516-23-100	Interference of the judicial process.
WAC 516-23-105	Disciplinary sanctions.
WAC 516-23-110	Administrative withdrawal due to mental disorders.
WAC 516-23-115	Record of proceedings.
WAC 516-23-120	Statement of accused student's rights.
WAC 516-23-125	Statement of rights of those subjected to student misconduct.
WAC 516-23-130	Relationship to university residences' conduct system.
WAC 516-23-135	Interim suspension.
WAC 516-23-140	Interpretation and revision.
WAC 516-23-145	Committee on student rights and responsibilities.

© Washington State Code Reviser's Office