WSR 13-09-011

EXPEDITED RULES

UNIVERSITY OF WASHINGTON


[ Filed April 8, 2013, 9:09 a.m. ]

Title of Rule and Other Identifying Information: WAC 478-120-020 and 478-120-140 from chapter 478-120 WAC, Student conduct code for the University of Washington, and WAC 478-124-020 from chapter 478-124 WAC, General conduct code for the University of Washington.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rebecca Goodwin Deardorff, Director of Rules Coordination, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195-1210 , AND RECEIVED BY June 18, 2013.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In both WAC 478-120-020 and 478-124-020 one subsection is edited to include a federal statute citation in order to clarify the continuing illegality of nonlicensed alcohol or controlled substances on the UW premises.

WAC 478-120-140 is edited to clarify that the vice-president and vice-provost for student life has been and continues to be the university president's designee regarding emergency suspension of students at the UW Seattle campus.

Reasons Supporting Proposal: The University of Washington considers these amendments to be housekeeping edits that clarify the language of a rule without changing its effect, per RCW 34.05.353 (1)(c).

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130.

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

Name of Proponent: University of Washington, governmental.

Name of Agency Personnel Responsible for Drafting: Eric Godfrey, Vice-President and Vice-Provost for Student Life, 101 Gerberding Hall, UW Seattle Campus, (206) 543-0128; Implementation: Ellen Taylor, Assistant Vice-President for Student Life, 401 Schmitz Hall, UW Seattle Campus, (206) 543-1240; and Enforcement: Elizabeth Higgins, Director, Community Standards and Student Conduct, 230 Condon Hall, UW Seattle Campus, (206) 685-6194.

April 8, 2013

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-5311.2


AMENDATORY SECTION(Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)

WAC 478-120-020   Standards of conduct.   (1) The university is a public institution having special responsibility for providing instruction in higher education, for advancing knowledge through scholarship and research, and for providing related services to the community. As a center of learning, the university also has the obligation to maintain conditions conducive to freedom of inquiry and expression to the maximum degree compatible with the orderly conduct of its functions. For these purposes, the university is governed by the rules, regulations, procedures, policies, and standards of conduct that safeguard its functions and protect the rights and freedoms of all members of the academic community.

(2) Admission to the university carries with it the presumption that students will conduct themselves as responsible members of the academic community. As a condition of enrollment, all students assume responsibility to observe standards of conduct that will contribute to the pursuit of academic goals and to the welfare of the academic community. That responsibility includes, but is not limited to:

(a) Practicing high standards of academic and professional honesty and integrity;

(b) Respecting the rights, privileges, and property of other members of the academic community and visitors to the campus, and refraining from any conduct that would interfere with university functions or endanger the health, welfare, or safety of other persons;

(c) Complying with the rules, regulations, procedures, policies, standards of conduct, and orders of the university and its schools, colleges, and departments.

(3) Specific instances of misconduct include, but are not limited to:

(a) Conduct that intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on university premises or in connection with any university-sponsored event or activity and is not constitutionally and/or legally protected;

(b) Physical abuse of any person, or conduct intended to threaten imminent bodily harm or to endanger the health or safety of any person on university premises;

(c) Conduct on university premises constituting a sexual offense, whether forcible or nonforcible, such as rape, sexual assault, or sexual harassment;

(d) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on university premises;

(e) Refusal to comply with any lawful order to leave university premises or any portion thereof;

(f) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on university premises, except for authorized university purposes, unless prior written approval has been obtained from the university chief of police, or any other person designated by the president of the university (see WAC 478-124-020 (2)(e)) (legal defense sprays are not covered by this section);

(g) ((Unlawful)) The possession, use, distribution, or ((manufacturer)) manufacture of ((alcohol or)) controlled substances (as defined in chapter 69.50 RCW or Title 21 U.S.C. Sec. 802), or of alcohol, on university premises or during university-sponsored activities, where such possession, use, distribution, or manufacture is illegal under federal, state, or local law;

(h) Intentionally inciting others to engage immediately in any unlawful activity, which incitement leads directly to such conduct on university premises;

(i) Hazing, or conspiracy to engage in hazing, which includes:

(i) Any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group, that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending the university; and

(ii) Conduct associated with initiation into a student organization or living group, or any pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of (i)(i) of this subsection, but including such conduct as humiliation by ritual act and sleep deprivation. Consent is no defense to hazing. Hazing does not include customary athletic events or other similar contests or competitions;

(j) Falsely reporting a violation of the student conduct code.

(4) Disciplinary action may be taken in accord with this chapter regardless of whether that conduct also involves an alleged or proven violation of law.

(5) An instructor has the authority to exclude a student from any class session in which the student is disorderly or disruptive. If the student persists in the disorderly or disruptive conduct, the instructor should report the matter to the dean of the school or college, or, at the University of Washington Bothell and Tacoma campuses, to the dean or director of the program in which the student is enrolled. (See WAC 478-120-030(3).)

(6) Nothing herein shall be construed to deny students their legally and/or constitutionally protected rights.

[Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, 2. 10-23-039, 478-120-020, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, 478-120-020, filed 11/19/07, effective 12/20/07. Statutory Authority: RCW 28B.20.130. 07-03-069, 478-120-020, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 96-10-051, 478-120-020, filed 4/29/96, effective 5/30/96; Order 72-9, 478-120-020, filed 11/30/72.]


AMENDATORY SECTION(Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)

WAC 478-120-140   Emergency authority of the president and chancellors of the university.   If a student's conduct represents a threat to the health, safety, or welfare of the university or any member of the university community, the president ((or)), the president's delegate, ((or)) the vice-president and vice-provost for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or ((their)) the chancellors' delegates, may suspend that student from participation in any or all university functions or privileges.

(1) In such an emergency situation, the president ((or)), the president's delegate, the vice-president and vice-provost for student life, the chancellors, or ((their)) the chancellors' delegates, shall issue a written order to be served upon the student describing the terms of the emergency suspension and the reasons for imposing the suspension. The order shall be effective immediately.

(2) The ((president or delegate, or chancellors or their delegates, shall then refer the)) matter shall then be referred to ((the vice-president and vice-provost for student life at the University of Washington Seattle campus or)) the appropriate disciplinary campus official ((at the University of Washington Bothell or Tacoma campuses, whichever is appropriate,)) who shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

[Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, 2. 10-23-039, 478-120-140, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, 478-120-140, filed 11/19/07, effective 12/20/07; 96-10-051, 478-120-140, filed 4/29/96, effective 5/30/96.]

OTS-5312.2


AMENDATORY SECTION(Amending WSR 07-03-069, filed 1/17/07, effective 2/17/07)

WAC 478-124-020   Conduct on campus code -- Prohibited conduct.   (1) In order to safeguard the right of every citizen to criticize and to seek meaningful change, each individual has an obligation to respect the rights of all members of the university community.

(2) In order to assure those rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its special contribution to society, the following types of conduct are hereby prohibited on or in property either owned, controlled or operated by the university which is used or set aside for university purposes, hereinafter referred to as the university campus:

(a) Conduct which intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the university campus;

(b) Physical abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on the university campus;

(c) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on the university campus;

(d) Refusal to comply with any lawful order to leave the university campus or any portion thereof;

(e) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the university campus, except for authorized university purposes, unless prior written approval has been obtained from the university chief of police, or any other person designated by the president of the university;

(f) ((Unlawful)) The possession, use, distribution, or manufacture of ((alcohol or)) controlled substances (as defined in chapter 69.50 RCW(())) or Title 21 U.S.C. Sec. 802), or of alcohol, on the university campus or during university-sponsored activities, where such possession, use, distribution, or manufacture is illegal under federal, state, or local law;

(g) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is that advocacy which prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)

[Statutory Authority: RCW 28B.20.130. 07-03-069, 478-124-020, filed 1/17/07, effective 2/17/07; 91-10-030, 478-124-020, filed 4/24/91, effective 5/25/91; Order 72-7, 478-124-020, filed 11/30/72.]