WSR 14-12-069
EXPEDITED RULES
UNIVERSITY OF WASHINGTON
[Filed June 2, 2014, 1:51 p.m.]
Title of Rule and Other Identifying Information: Various Title 478 WAC "housekeeping" amendments in ten chapters, including WAC 478-04-030, 478-04-040, 478-108-010, 478-120-025, 478-120-030, 478-120-050, 478-120-065, 478-120-075, 478-120-085, 478-120-095, 478-120-140, 478-120-145, 478-124-030, 478-124-035, 478-124-040, 478-136-035, 478-137-050, 478-156-016, 478-160-055, 478-160-060, 478-160-100, 478-160-105, 478-160-231, 478-168-180, 478-168-325, 478-324-020, and 478-324-130.
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, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195-1210, or e-mail rules@uw.edu, AND RECEIVED BY August 4, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Housekeeping changes to Title 478 WAC rules are needed for the following reasons:
Amendments that "clarify language of a rule without changing its effect" are made in WAC 478-04-040 (to eliminate an outdated article number); WAC 478-108-010 (to better identify specific statutes and rules); WAC 478-124-030 (to better identify applicable jurisdictions); WAC 478-124-040 (to apply gender-neutral language); WAC 478-136-035 and 478-137-050 (to clarify definition by statute and local rule language); WAC 478-156-016 (to clarify language provided as example); WAC 478-160-055, 478-160-105, and 478-324-130 (to clarify current practices); WAC 478-160-060 (to clarify the admission process); and WAC 478-160-100 (to update current states in program).
Amendments that "make address or name changes" are made in WAC 478-120-025, 478-120-030, 478-120-050, 478-120-065, 478-120-075, 478-120-085, 478-120-095, 478-120-140, 478-120-145, 478-136-035, 478-156-016, 478-160-231, 478-168-180, and 478-168-325.
An amendment that will "only correct typographical errors" is made in WAC 478-124-035.
An amendment that will "adopt or incorporate by reference without material change … rules of other Washington state agencies" is made in WAC 478-324-020.
Repeal of WAC 478-04-030 is made as "other rules of the agency … govern the same activity as the rule, making the rule redundant."
Note: Some sections contain more than one type of housekeeping change.
Reasons Supporting Proposal: Periodic corrections and/or clarifications to the University of Washington's Title 478 WAC rules help the university's rules remain accurate and up-to-date.
Statutory Authority for Adoption: RCW 28B.20.130 and the UW Board of Regents Governance, Standing Orders, Chapter 8, Section 2.
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, Implementation and Enforcement: Rebecca Goodwin Deardorff, Room 448, Gerberding Hall, UW, Seattle, Washington 98195, (206) 543-9219.
June 2, 2014
Rebecca Goodwin Deardorff
Director of Rules Coordination
AMENDATORY SECTION (Amending WSR 03-24-046, filed 11/26/03, effective 12/27/03)
WAC 478-04-040 Board of regents exercise of powers.
The board and its committees shall act only at meetings called as provided by applicable law and the bylaws of the board of regents, and all matters coming before the board or its committees for action shall be determined by the majority vote of its members present, the members present being not less than a quorum, except as otherwise specified in ((Article III of)) the bylaws of the board of regents. The member of the board who is presiding at a meeting shall be entitled to make motions, second motions, vote, and otherwise participate in the meeting to the same extent as the other members of the board. The student regent shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 478-04-030
Meetings of the board of regents.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-108-010 Matters subject to brief adjudication.
This rule is adopted in accordance with RCW ((34.05.479)) 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:
(1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;
(2) Appeals from traffic and parking violations, and skateboard impoundment, as provided for in chapters 478-116, 478-117 and 478-118 WAC;
(3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;
(4) Proceedings under the animal control policy as detailed in chapter 478-128 WAC;
(5) Requests for reconsideration of admission decisions as provided for in ((chapter 478-160)) WAC 478-160-060;
(6) Appeals of library charges as provided in chapter 478-168 WAC;
(7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;
(8) Federal financial aid appeals as provided for by federal law; and
(9) Collection of outstanding debts owed by students or employees.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-025 Off-campus conduct.
The university shall have the authority to hold students accountable under the student conduct code for certain off-campus behavior (i.e., behavior that does not occur on university premises or in the context of a university-sponsored event or activity) that directly affects a university interest, in accordance with the provisions of the section.
(1) A student may be subject to disciplinary proceedings under the student conduct code if:
(a) The university is made aware that a court of competent jurisdiction has determined that such student has engaged in intentional unlawful conduct off-campus that involves the physical harm or abuse, or a direct threat of the physical harm or abuse, of any person, including but not limited to homicide, assault, kidnapping, armed robbery, arson, rape or sexual assault, criminal harassment, criminal stalking or the unlawful possession, use, storage or manufacture of weapons or destructive devices; and
(b) The university determines that a significant university interest is affected.
(2) A student may also be subject to disciplinary proceedings under the student conduct code if the university is made aware that the student has engaged in off-campus conduct that involves the physical harm or abuse, or the direct threat of physical harm or abuse, of another university student, or a university faculty or staff member. Disciplinary proceedings may be initiated under this section regardless of whether or not the incident is subject to criminal or civil proceedings.
(3) In furtherance of the university's interest in maintaining a positive relationship with its surrounding community, the university shall also have the authority to hold students accountable under the student conduct code for conduct within the "North of 45th" residential community immediately adjacent to the Seattle campus (bounded by NE 45th Street on the south, 15th Ave NE on the west, 22nd Ave NE and north of 54th Street, Ravenna Ave NE on the east and Ravenna Park on the north and including all residences located on either side of each of the aforementioned streets) as follows:
(a) A student may be subject to disciplinary proceedings under the code if the university is made aware that the student has been cited by the Seattle police or the university police for, and is determined to have committed, a violation of any state statute or city of Seattle municipal ordinance prohibiting misconduct that has a direct and significant quality-of-life impact on community residents, including but not limited to, creating a public nuisance due to noise, theft, intentional destruction of property, urinating in public, or criminal trespass.
(b) A first violation under (a) of this subsection will not subject the student to disciplinary sanctions under WAC 478-120-040 if the student voluntarily meets with a representative of the office of the vice-president ((and vice-provost)) for student life to receive information and counseling regarding his or her responsibilities as a university community member and as a resident in the area. A second violation will not be subject to disciplinary sanctions if the student involved agrees to participate, in good faith, in a mediation with the person or persons affected by the misconduct under a mediation protocol established by the office of the vice-president ((and vice-provost)) for student life.
(4) Nothing herein shall be construed as being intended to protect any person or class of persons from injury or harm, or construed to deny students their legally and/or constitutionally protected rights.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-030 General procedures for disciplinary sanctions.
(1) This section describes the general process under the student conduct code for enforcing the university's rules, regulations, procedures, policies, standards of conduct, and orders. The specific procedures to be used at each step of the process are described in the following sections of this chapter. In all situations, whether handled formally or informally, basic standards of fairness will be observed in the determination of:
(a) The truth or falsity of the charges against the student;
(b) Whether the alleged misconduct violates this code; and if so,
(c) The sanctions to be imposed, if any.
The criteria for judging student misconduct shall include, but not be limited to, the standards of conduct as stated in WAC 478-120-020 and 478-120-025. Informal hearings shall use the procedures in chapter 34.05 RCW governing brief adjudicative proceedings. Formal hearings conducted by the faculty appeal board shall follow the procedures required by chapter 34.05 RCW for formal adjudicative proceedings. Informal settlements may be conducted under the authority of RCW 34.05.060.
(2) Persons who believe that a violation of the student conduct code has been committed should contact the vice-president ((and vice-provost)) for student life at the University of Washington Seattle campus, or the chancellor of the University of Washington Bothell or Tacoma campuses, whichever is appropriate.
(3) Only the vice-president ((and vice-provost)) for student life, the dean of the school or college at the University of Washington Seattle or, at the University of Washington Bothell and Tacoma campuses, the dean or director of the program in which a student is enrolled or the chancellors of the University of Washington Bothell and Tacoma campuses, may initiate disciplinary proceedings against a student under this code of conduct. (See WAC 478-120-050.) The deans, the vice-president ((and vice-provost)) for student life, or the chancellors of the University of Washington Bothell and Tacoma campuses may delegate the authority to initiate disciplinary proceedings consistent with this chapter to members of their staffs and to students. They may also establish student or student-faculty hearing bodies to advise or to act for them in disciplinary matters. The person initiating a disciplinary proceeding shall be referred to as the initiating officer.
(4) The initiating officer will begin a disciplinary proceeding by holding, or directing a member of his or her staff to hold, an informal hearing with the student charged with misconduct. Based on this informal disciplinary hearing, the initiating officer may choose to exonerate the student, dismiss the action, impose an appropriate sanction, and/or refer the matter to the appropriate university disciplinary committee. (See WAC 478-120-065.) If the initiating officer identifies a potential or existing exceptional circumstance, as defined in WAC 478-120-100 (3)(b)(i),
"Exceptional circumstances exist when:
(A) The sanction of dismissal has been recommended; or
(B) The student has been charged with hazing; or
(C) The sanction of restitution (in excess of three hundred dollars) has been recommended; or
(D) Suspension has been recommended," the matter shall be referred directly to the faculty appeal board. (See WAC 478-120-100.)
(5) Students have the right to appeal any sanction imposed at an informal hearing to the appropriate university disciplinary committee, except that when such sanction identifies an existing or potential exceptional circumstance as defined in WAC 478-120-100 (3)(b)(i), the matter shall be referred directly to the faculty appeal board.
(6) Any decisions of the university disciplinary committees may be appealed to the faculty appeal board. All decisions of the university disciplinary committees identifying existing or potential exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) shall be referred directly to the faculty appeal board. In addition, the university disciplinary committees may, at any time, at their discretion, refer a matter directly to the faculty appeal board. The faculty appeal board performs distinct functions. In most cases, the faculty appeal board conducts an administrative review. In certain cases (defined in WAC 478-120-100(3)), the faculty appeal board conducts a formal hearing.
(7) Any decision based on a formal hearing conducted by the faculty appeal board may be appealed to the president of the university or the president's delegate for a final review. All orders of dismissal shall be reviewed by the president or the president's delegate. Orders entered by the president or the president's delegate are final. (See WAC 478-120-125.)
(8) The president or delegate, or chancellors or their delegates, may take emergency disciplinary action when a student's conduct threatens the health, welfare, or safety of the university community or members thereof. (See WAC 478-120-140.)
(9) When questions of mental or physical health are raised in conduct cases, the dean, the vice-president ((and vice-provost)) for student life, the chancellors of the University of Washington Bothell and Tacoma campuses or their delegates, the university disciplinary committees, or the faculty appeal board may request the student to appear for examination before two physician-consultants designated by the dean of the school of medicine. The physician-consultants may call upon the student health center for any other professional assistance they deem necessary. After examining the student and/or consulting with the student's personal physician, the physician-consultants shall make a recommendation to the dean, the vice-president ((and vice-provost)) for student life, the chancellor of the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, the appropriate university disciplinary committee, or the faculty appeal board as to whether the case should be handled as a disciplinary matter or as a case for medical or other treatment. Any decision made based upon the recommendation of the physician-consultants may be appealed in accordance with the provisions of this chapter.
(10) The following persons conducting proceedings under this chapter shall have the authority to issue protective orders and subpoenas: Deans, or at the University of Washington Bothell and Tacoma campuses, the dean or director of the program in which the student is enrolled, the vice-president ((and vice-provost)) for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or the chairs of their respective university disciplinary committees, the chair of the faculty appeal board, and the president or his or her delegate.
(11) In a case involving an alleged sexual offense, the accuser and the accused are entitled to the same opportunities to have others present during a disciplinary hearing and they shall both be informed of the outcome of such disciplinary proceeding.
(12) Any final order resulting from a disciplinary proceeding shall become a part of the student's disciplinary record, unless the student is exonerated. (See WAC 478-120-145.)
(13) In accord with the Family Educational Rights and Privacy Act and pursuant to RCW 34.05.250, all hearings conducted under this chapter generally will be held in closed session out of respect for the privacy of all the students involved. However, the students involved may waive in writing this requirement and request a hearing in open session, and the initiating or presiding officer shall conduct the hearing in a room that will accommodate a reasonable number of observers. The initiating or presiding officer may exclude from the hearing room any persons who are disruptive of the proceedings and may limit the number who may attend the hearing in order to afford safety and comfort to the participants and orderliness to the proceedings.
AMENDATORY SECTION (Amending WSR 12-03-038, filed 1/9/12, effective 2/9/12)
WAC 478-120-050 Jurisdiction.
(1) The vice-president ((and vice-provost)) for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates, may initiate any disciplinary action related to violations of any of the university's rules, regulations, procedures, policies, standards of conduct, or orders. Jurisdiction in such cases may be transferred 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 if the alleged misconduct bears upon the student's fitness to continue in the school or college.
(2) Additionally, the dean of each college or school, including the graduate school, or the dean's delegate, or the dean or director of programs in which the student is enrolled on the University of Washington Bothell or Tacoma campuses may initiate any disciplinary action:
(a) Related to violations of university rules, regulations, procedures, policies, standards of conduct, and orders which pertain to that particular campus, college or school, or at the University of Washington Bothell and Tacoma campuses, the program in which the student is enrolled; and
(b) Related to violations of rules, procedures, policies, and standards of conduct of that particular campus, college or school, or at the University of Washington Bothell and Tacoma campuses, the program in which the student is enrolled. The student academic grievance procedure is a separate procedure and is set forth in the Executive Order No. 58 (graduate school students should also refer to Graduate School Memorandum No. 33). Violations involving academic misconduct should be reported to the dean of the appropriate school or college, or dean or program director at the University of Washington Bothell or Tacoma campuses.
(3) Other departments of the university have proceedings separate and distinct from the student conduct code. For example:
(a) Campus parking and traffic regulations are under the general jurisdiction of the transportation services department and the police department at the University of Washington Seattle campus and under the jurisdiction of public safety officers at the University of Washington Bothell and Tacoma campuses. (See chapters 478-116, 478-117 and 478-118 WAC.)
(b) The library fines appeals committee has the authority to consider appeals of library charges. (See chapter 478-168 WAC.)
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-065 Informal disciplinary hearings.
(1) A dean, the vice-president ((and vice-provost)) for student life, or, at the University of Washington Bothell and Tacoma campuses, the chancellors or the dean or director of the program in which the student is enrolled, or their delegates, may initiate a disciplinary proceeding by conducting, or directing a member of his or her staff to conduct, an informal hearing with the student accused of misconduct. This informal disciplinary hearing may be nothing more than a face-to-face meeting between the initiating officer or staff person and the student, and no special notice of the meeting is required. The purpose of this informal disciplinary hearing is to provide an opportunity for the student to respond to allegations of misconduct before disciplinary action is taken, and the student waives any rights to an informal hearing by his or her failure to attend.
(2) During an informal disciplinary hearing, the student must be provided with the following information:
(a) The alleged misconduct and the reasons for the university's belief that the student engaged in the misconduct;
(b) The specific section(s) of the student conduct code allegedly violated; and
(c) The possible sanctions that may be imposed.
(3) Based on the findings of an informal hearing, the initiating officer shall enter in writing one of the following orders:
(a) An order exonerating the student or dismissing the disciplinary proceeding if it appears that there has been no misconduct;
(b) An initial order imposing a disciplinary sanction;
(c) An order referring the matter to the appropriate university disciplinary committee; or
(d) An order referring the matter directly to the faculty appeal board because exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) may exist.
(4)(a) If the order imposes a sanction and exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) exist, the matter shall be referred directly to the faculty appeal board and the student shall be informed that he or she has the right to request a formal hearing according to the procedures set forth in WAC 478-120-075(3).
(b) If the order imposes a sanction but exceptional circumstances do not exist, then the student must be informed that he or she has twenty-one calendar days from the date of the order (or twenty-five calendar days from the date of the mailing of the initial order) to request a hearing before the appropriate university disciplinary committee. If the student chooses not to appeal, the order becomes the final order.
(5) Within ten days of the conclusion of the hearing and any associated investigations, the student shall be provided with a written order which shall include a statement of the decision, the reasons for the decision, and information about appealing the decision. No unfavorable action may be taken against the student until the student has been given such notice and information. In a case involving an alleged sexual offense, both the accuser and the accused shall be informed of the outcome of that hearing. In a case where the student is a minor, the disciplinary sanctions imposed may be reported to the student's parents or legal guardian at the discretion of the initiating officer.
(6) A student may request a hearing by the appropriate university disciplinary committee at any time during these informal proceedings. If such a request is made, the matter shall be referred to the appropriate university disciplinary committee.
(7) The official record of this informal hearing shall consist of all documents prepared or considered by the dean, the vice-president ((and vice-provost)) for student life, or, at the University of Washington Bothell and Tacoma campuses, the chancellors, or the dean or director of the program in which the student is enrolled, or their delegates, with regard to the dispute at hand.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-075 Appeals.
Any initial order may be appealed by timely submission of a written petition to the appropriate body. An order only referring a matter from one hearing body to another, not determining the matter on its merits, is not an initial order.
(1) If a student does not appeal to the appropriate body within twenty-one days of the initial order (or within twenty-five calendar days of the date when the university mailed the initial order to the student), the right to appeal is waived and the order becomes final.
(a) All initial orders shall be hand delivered or delivered by mail.
(b) Any student involved in a disciplinary hearing is required to provide his or her current and accurate address to the office of the vice-president ((and vice-provost)) for student life or the office of the chancellor for the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates.
(2) All petitions for appeal must be made in writing to the appropriate authority (the appropriate chair of one of the university disciplinary committees (Seattle, Bothell or Tacoma), the chair of the faculty appeal board, or the president). The petition must state the reasons for the appeal and indicate points of disagreement with the initial order.
(3) If a student wishes to request a formal hearing before the faculty appeal board, the student's written petition for appeal must also state that a formal hearing is being requested and must identify the specific exceptional circumstances (as defined in WAC 478-120-100 (3)(b)(i)) warranting such a hearing. When conducting administrative reviews of informal hearings, the faculty appeal board shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal disciplinary hearing.
(4) After conducting the appropriate review, the appeal body or the president may sustain, reduce, or vacate the sanction imposed by the initial order, except if that review is in the form of a formal hearing before the faculty appeal board, that board may increase any sanction.
(5) Only the president or the president's delegate may issue a final order of dismissal.
(6) Sanctions, if any, will be imposed only after an order becomes final, except for actions taken under WAC 478-120-140.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-085 The university disciplinary committees.
Each University of Washington campus shall have its own university disciplinary committee. The university disciplinary committees shall consist of a nonvoting chair, three voting faculty members, and three voting student members. The committees shall be maintained for the purpose of providing hearings for disciplinary actions that have been initiated by the deans or, at the University of Washington Bothell and Tacoma campuses, the dean or director of the program in which a student is enrolled, the vice-president ((and vice-provost)) for student life at the University of Washington Seattle campus, the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates.
(1) The president of the University of Washington Seattle campus and the chancellors of the University of Washington Bothell and Tacoma campuses shall designate a member of the faculty or administration to serve as chair of each respective university disciplinary committee for a term of one year. All chairs may be reappointed for consecutive terms.
(a) The chairs shall ensure that all procedural safeguards and guidelines are followed. Accordingly, the chairs shall decide all procedural questions that arise in relation to hearings, including rulings on evidence (as defined in WAC 478-120-095(3)) and challenges to the impartiality of committee members. The chairs shall have the discretion to regulate all aspects of the proceedings.
(b) The chairs shall take whatever steps are necessary to ensure that hearings are conducted in a safe and orderly manner.
(2) The three voting faculty members of each university disciplinary committee shall be selected at random from the faculty senate at the University of Washington Seattle, or at the University of Washington Bothell and Tacoma campuses, their respective faculty assembly or organization to serve one-year terms. Voting faculty members may not be reappointed to consecutive terms.
(a) Panels of eligible faculty members shall be randomly selected to serve on the committees in the order in which they were selected, except that at the University of Washington Seattle each faculty member of the committees must represent a different faculty senate group.
(b) Faculty members must have been members of the faculty for at least one year and hold the position of assistant professor or higher in order to be eligible to serve as voting members of the university disciplinary committees.
(3) The three voting student members of the university disciplinary committees shall be selected at random from each student body to serve one-year terms. Student members of the committees may not be reappointed.
(a) Panels of eligible students shall be selected randomly from the entire full-time student body to serve as committee members or alternates in the order in which they were selected, except that at the University of Washington Seattle one member must be a professional or graduate student and the other two members must represent different undergraduate classes.
(b) To be eligible to serve on the university disciplinary committees, students must be full-time and in good standing with the university.
(4) In addition to the chairs, a quorum shall be two faculty members and two student members. The chairs shall select alternates from the panels of eligible faculty or students as needed to produce a quorum.
(5) Committee members may be disqualified from a particular hearing for bias, prejudice, conflict of interest, or any other reason which may prevent him or her from serving as an impartial judge of the matter before the committees.
(a) Committee members may excuse themselves for any of the causes set forth in this section by submitting a written statement to the appropriate committee chair stating facts and reasons for the disqualification.
(b) A student before any of the university disciplinary committees may challenge the impartiality of a committee member by written petition. The appropriate chair shall determine whether to grant the petition and excuse the committee member from the case, and shall state the facts and reasons for that determination in writing.
(c) Any person who has been delegated the authority to initiate disciplinary proceedings is disqualified from serving as a member of the university disciplinary committees.
(6) The appropriate chair may relieve a member of his or her university disciplinary committee from serving on that committee for a particular case, for a specific period of time, or for the rest of the year after the member submits a written request to the chair.
(7) Members of the university disciplinary committees shall begin their terms on the first day of classes of winter quarter. Those terms shall expire on the first day of classes of the next winter quarter, except that cases in process shall be continued until a decision is reached. The new panels of committee members shall be identified by the outgoing chairs, or by the person designated by the appropriate chair, through random procedures established by the chair.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-095 Hearings before the university disciplinary committees.
The purpose of a hearing before a university disciplinary committee is to provide all parties with an opportunity to present evidence and argument before disciplinary sanctions are imposed on a student. Based on the evidence presented at this hearing, the committee shall determine whether the student has engaged in the alleged misconduct. If there is a finding of misconduct, the committee shall then determine the appropriate sanction to be imposed.
(1) When a hearing is scheduled before a university disciplinary committee, the chair of the appropriate committee shall provide the student with written notice of the following information:
(a) The time and place of the hearing;
(b) The allegations of misconduct against the student;
(c) A list of all witnesses who may be called to testify;
(d) A description of all documentary and real evidence to be presented at the hearing, including a copy of his or her disciplinary file; and
(e) The sanctions that may be imposed at the hearing if the allegations of misconduct are found to be true.
(2) The chair of each committee shall adhere to the following procedures at all disciplinary hearings:
(a) The student shall be provided with a reasonable opportunity (at least seven days) to gather evidence, contact witnesses, and prepare a defense for the hearing.
(b) The student may be accompanied by an advisor of the student's choice.
(c) The student is entitled to hear all testimony and examine all evidence that is presented at the hearing. In response, the student may present evidence and witnesses on his or her own behalf and may ask questions of any other witnesses.
(d) No student shall be compelled to give self-incriminating evidence.
(3) Evidence shall be admissible at the hearing if it is the type of evidence that reasonably prudent members of the university community would rely upon in the conduct of their affairs.
(4) The initiating officer (the appropriate dean, or at the University of Washington Bothell and Tacoma campuses, dean or director of the program in which the student is enrolled, the vice-president ((and vice-provost)) for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates) must prove by a preponderance of the evidence presented at the hearing that the student has engaged in the alleged misconduct. The committee shall base its factual determination solely on the evidence presented at the hearing.
(a) Decisions of the university disciplinary committee will be made based on a simple majority vote of the committees.
(b) If a university disciplinary committee cannot reach a decision by simple majority vote, an order shall be entered referring the matter to the faculty appeal board. Where exceptional circumstances exist, the student shall be notified of the right to request a formal hearing. Otherwise, the faculty appeal board shall conduct an administrative review as provided under WAC 478-120-100 (1) and (2).
(5) If at any time after a matter has been referred to a university disciplinary committee the appropriate chair determines that the matter should properly be before the faculty appeal board, the chair may refer the matter to the faculty appeal board and shall provide the student with written notice of the referral and of the opportunity to request a formal hearing if exceptional circumstances exist. (See WAC 478-120-100 (3)(b)(i).)
(6) If the committee determines that the student has violated the university's rules, regulations, procedures, policies, standards of conduct, or orders, it shall then determine the appropriate sanction to be imposed. When determining the appropriate sanction, the committee shall review the evidence presented at the hearing and the student's past record of conduct at the university.
(7) The chair of the appropriate university disciplinary committee shall provide the student with a written statement of the committee's decision within ten days of the conclusion of the hearing. This written statement shall include the committee's factual findings, the conclusions that have been drawn from those findings, the reasons for those conclusions, and the sanctions, if any, to be imposed. If sanctions are imposed, the student must also be informed of the appropriate procedures for appealing the committee's decision to the faculty appeal board. In a case involving an alleged sexual offense, both the accuser and the accused shall be informed of the outcome of the hearing. In a case where the student is a minor, the written statement of the committee's decision may be reported to the student's parents or legal guardian at the discretion of the chair of the appropriate university disciplinary committee.
(8) This written statement of the committee's decision shall be the committee's initial order. If the student chooses not to appeal, the initial order of the appropriate university disciplinary committee becomes the final order at the end of the appeal period set forth in WAC 478-120-075(1), except that orders of dismissal shall be referred to the president.
(9) The student may choose to present evidence to the chair of the appropriate university disciplinary committee rather than at a hearing before the full committee. The student's waiver of the right to a hearing before a university disciplinary committee must be submitted in writing to the chair of the appropriate committee. The chair will submit the student's evidence and arguments to the full committee and the committee will make its decision based on the chair's report.
(10) All proceedings of the committees will be conducted with reasonable dispatch and be terminated as soon as possible, consistent with fairness to all parties involved. The chair shall have the discretion to continue the hearing.
(11) An adequate summary of the proceedings will be kept. Such a summary shall include all documents that were considered by the appropriate committee and may include a tape recording of the testimony and any other documents related to the hearing.
(12) A report of a university disciplinary committee shall, upon written request and release by the student or students involved, and subject to the requirements of the Family Educational Rights and Privacy Act, be made available to members of the university community through the vice-president ((and vice-provost)) for student life, or the office of the chancellor at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates.
AMENDATORY SECTION (Amending WSR 13-14-002, filed 6/19/13, effective 7/20/13)
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, the president's delegate, the vice-president ((and vice-provost)) for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or 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, the president's delegate, the vice-president ((and vice-provost)) for student life, the chancellors, or 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 matter shall then be referred to the appropriate disciplinary campus official who shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-120-145 Recording and maintenance of records.
(1) The vice-president ((and vice-provost)) for student life at the University of Washington Seattle campus or the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates, shall keep records of all disciplinary actions reported to their respective offices. Disciplinary records shall be kept separate from academic records, and transcripts of a student's academic record shall contain no notation of any disciplinary action.
(2) The dean of a college or school at the University of Washington Seattle, or the dean or director of the program in which the student is enrolled at the University of Washington Bothell and Tacoma campuses initiating disciplinary action shall report in writing to the office of the vice-president ((and vice-provost)) for student life, or the office of the chancellor for the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, all cases in which disciplinary action is taken. The dean at the University of Washington Seattle shall also inform the registrar of any action affecting a student's official standing in the university. The office of the vice-president ((and vice-provost)) for student life, or the office of the chancellor for the University of Washington Bothell or Tacoma campuses, shall notify the dean of the college or school or director of the program in which the student is enrolled of any disciplinary action it takes and also shall notify the registrar or campus officer of student affairs of any action affecting a student's official standing in the university.
(3) Disciplinary records of students not exonerated shall be maintained by the vice-president ((and vice-provost)) for student life, or the chancellor at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, and the registrar for seven years after disciplinary action has been taken and/or after the administrative purpose has been served.
(4) Disciplinary records of exonerated students shall not be maintained.
(5) Notwithstanding any other provision of this section, the vice-president ((and vice-provost)) for student life, or the chancellor at the University of Washington Bothell or Tacoma campuses, whichever is appropriate, or their delegates, at their discretion, upon written request by the student, may expunge the student's disciplinary record.
(6) Records and information regarding student disciplinary proceedings are subject to the provisions of the Family Educational Rights and Privacy Act and supporting regulations (20 U.S.C. 1232g), and to chapter 478-140 WAC.
AMENDATORY SECTION (Amending WSR 12-03-038, filed 1/9/12, effective 2/9/12)
WAC 478-124-030 Conduct on campus code—Sanctions.
(1) Any person while on the university campus who willfully refuses the request of a uniformed campus police officer to desist from conduct prohibited by these rules may be required by such officer to leave such premises.
(2) Disciplinary action which may result in dismissal from the university will be initiated against faculty, staff, or students who violate these rules, in accordance with the applicable disciplinary codes or other appropriate due process procedures.
(3) Sanctions which may be imposed against faculty are set forth in the Faculty Code, Chapter 25, Sections 25-51 and 25-71.
(4) Sanctions which may be imposed against students are set forth in WAC 478-120-040.
(5) Sanctions which may be imposed against the classified staff are set forth in the relevant University of Washington labor contract for contract-classified staff, and in Title 357 WAC and applicable university policy for classified nonunion staff.
(6) Sanctions which may be imposed against the professional staff are set forth in the University of Washington Professional Staff Program.
(7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of the city ((of Seattle)), the county, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the university.
AMENDATORY SECTION (Amending WSR 90-24-001, filed 11/26/90, effective 12/27/90)
WAC 478-124-035 Conduct on campus code—Anabolic steroids.
Any student found by the university to have violated chapter 69.41 RCW, which, among other things, prohibits the possession, delivery, use or sale of legend drugs, including anabolic steroids, except upon valid prescription or order of a practitioner, as defined by RCW 69.41.010(((11))) (12), is subject to additional sanctions, including disqualification from participation in university-sponsored athletic events.
AMENDATORY SECTION (Amending Order 72-7, filed 11/30/72)
WAC 478-124-040 Conduct on campus code—Interim suspension.
(1) The president or, in his or her absence, any officer of the university designated by ((him)) the president for this purpose, may impose on any student, faculty member, or staff member an interim suspension whenever there is reasonable cause to believe that such person has committed, and may reasonably be expected thereafter to commit, any of the acts prohibited herein. The notice of such suspension shall state the nature, terms and conditions of such suspension and shall include such restrictions on use of campus facilities as the president or his designee deems in the best interest of the university.
(2) Any person so placed on interim suspension shall be given prompt notice of charges and shall be given the opportunity to show cause at a preliminary hearing why such interim suspension should not continue until a formal hearing is held. To obtain such preliminary hearing, the person shall submit a written request therefor within seven days from the date interim suspension was imposed. Such written request shall state the address to which notice of hearing is to be sent. The president or, in his or her absence, any officer of the university designated by ((him)) the president, shall grant such a preliminary hearing before a person or persons designated by ((him)) the president not later than four days from the date of receipt of such request and shall immediately mail a written notice of the time, place, and date of such hearing to such person. The preliminary hearing shall consider only whether there is reasonable cause to believe that such person committed, and may reasonably be expected thereafter to commit, any of the acts prohibited herein.
(3) Interim suspension may be removed by the president or, in his or her absence, by any officer of the university designated by ((him)) the president, whenever ((he)) the president has reason to believe that the person on whom interim suspension was imposed will not constitute a substantial and material threat to the orderly operation of the university campus or endanger the health and safety of any person thereon.
AMENDATORY SECTION (Amending WSR 10-13-098, filed 6/17/10, effective 7/18/10)
WAC 478-136-035 No smoking policy for university facilities.
(1) The University of Washington is committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. Accordingly, the University of Washington establishes the following no smoking policy, consistent with chapter 70.160 RCW (I-901), to protect individuals from exposure to second-hand smoke in their university-associated environments and to protect life and property against fire hazards. "Smoke" or "smoking" refers to the carrying or smoking of any kind of lighted pipe, cigar, cigarette, electronic cigarette, or any other lighted smoking equipment.
(a) Except as provided in subsection (1)(b) and (c) of this section, smoking of all kinds is prohibited in all university facilities, including, but not limited to, vehicles, inside all buildings owned, occupied, or managed by the university and/or used by the university's faculty, staff, students, or visitors, and at any outside areas or locations, including, but not limited to, bus shelters, benches, and walkways.
(b) Smoking, while not permitted in on-campus residence halls, may be permitted in a limited portion of designated university student housing in accordance with smoking regulations established for those facilities by the vice-president ((and vice-provost)) for student life, the appropriate chancellor, or their designees.
(c) Smoking may be permitted in specific designated outdoor locations approved by the director of environmental health and safety as smoking areas in accordance with chapter 70.160 RCW and published on the environmental health and safety web site. Signage also identifies the designated locations.
(2) Violations of the university no smoking policy are subject to enforcement by the University of Washington police department or other jurisdictional law enforcement agencies with regulatory responsibility. In addition, any student, staff, or faculty member who violates the university no smoking policy may be subject to disciplinary action.
AMENDATORY SECTION (Amending WSR 06-13-022, filed 6/13/06, effective 8/1/06)
WAC 478-137-050 Limitations on use.
(1) Freedom of expression is a highly valued and indispensable quality of university and college life. However, joint facilities may not be used in ways that obstruct or disrupt the institutions' operations, the freedom of movement, or any other lawful activities. Additionally, use of joint facilities may be subject to reasonable time, place and manner restrictions.
(2) Joint facilities may be used for events and forums regarding ballot propositions and/or candidates who have filed for public office providing the event has received preliminary approval by an administrative or academic unit of one of the institutions and final approval by the appropriate facility designee. There are, however, certain limitations on the use of joint facilities for these political activities.
(a) First priority for the use of joint facilities shall be given to regularly scheduled university and college activities.
(b) Joint facilities may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office only when the full rental cost of the facility is paid. Use of state funds for payment of facility rental costs is prohibited.
(c) Forums or debates may be scheduled at full facility rental rates if all parties to a ballot proposition election or all candidates who have filed for office for a given position, regardless of party affiliation, are given equal access to the use of facilities within a reasonable time.
(d) No person shall solicit contributions on joint property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.
(e) Public areas outside joint facility buildings may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office, excluding solicitation of funds, provided the other normal business of the institutions is not disrupted and entrances to and exits from buildings are not blocked.
(f) Joint facilities or services may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.
(3) Joint facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are consistent with the institution's mission, as determined by the appropriate designee.
(4) Nothing in these rules is intended to alter or affect the regular advertising, promotional, or underwriting activities carried on, by, or in the regular media or publications of the institutions. Policies concerning advertising, promotional or underwriting activities included in these media or publications are under the jurisdiction of and must be approved by their respective management or, where applicable, advisory committees, in accordance with applicable state and federal laws.
(5) In accordance with WAC 478-137-010 the institutions will make their joint facilities available only for purposes related to their educational missions, including but not limited to instruction, research, public assembly, community programs, and student activities. When permission is granted to use joint facilities for approved instructional or related purposes, as a condition of approval, the user of joint facilities agrees to include in all materials nonendorsement statements in the form approved by the appropriate designee. "Materials" includes all communications, advertisement, and any other printed, electronic, or broadcast/telecast information related to the user's activities offered in joint facilities. The designee will determine the content, size of print and placement of the nonendorsement language. The institutions will not make their joint facilities available for instructional or related purposes that compete with courses or programs offered by the university or college.
(6) Solicitation, or distribution of handbills, pamphlets and similar materials by anyone, whether a member of the university and college community or of the general public, is not permitted in those areas of campus to which access by the public is restricted or where such solicitation or distribution would significantly impinge upon the primary business being conducted.
(7) Electronic amplification on the grounds of the campus shall not be permitted unless approved by the joint committee on facility use.
(8) No person may use joint facilities to camp. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable state, county and city laws. This provision does not prohibit use of joint facilities where a university or college employee remains overnight to fulfill the responsibilities of his or her position.
(9) The institutions are committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. In accordance with the Washington Clean Indoor Air Act (chapter 70.160 RCW), the Use of University of Washington facilities (chapter 478-136 WAC) and Cascadia Community College facility use (chapter 132Z-140 WAC), the following smoking policy is intended to protect nonsmokers from exposure to smoke in their campus-associated environments and to protect life and property against fire hazards((:)). "Smoke" or "smoking" refers to the carrying or smoking of any kind of lighted pipe, cigar, cigarette, electronic cigarette, or any other lighted smoking equipment.
(a) Smoking is prohibited inside all university or college vehicles, inside buildings and parking structures owned or occupied by the university or college and/or used by university or college faculty, staff or students and at any outside areas or locations that may directly or indirectly affect the air supply of buildings or carry smoke into buildings.
(b) The institutions may designate specific outdoor locations as smoking areas. Signage will be placed to indicate the designated locations.
(c) Any student, staff, or faculty member who violates the smoking policy may be subject to disciplinary action. In addition, violations of the smoking policy may be subject to appropriate enforcement.
(10) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only if the procedures set forth in this section are followed.
(a) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor control board.
(b) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor control board must be followed.
(c) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor control board.
(d) Except as provided in (c) of this subsection, alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only under permits/licenses issued by the Washington state liquor control board and only as follows:
(i) Events at which alcohol is to be sold must be approved by the joint committee on facility use and an application to the committee must be accompanied by a request for written authorization under (e) or (f) of this subsection or proof that the seller holds an appropriate license; and
(ii) A university or college unit or an individual or organization applying for a permit/license must have obtained approval under (e) or (f) of this subsection; and
(iii) Sale, service, and consumption of alcohol is to be confined to specified room(s) or area(s) specified on the license or permit. Unopened containers may not be sold or served. No alcohol is permitted to be taken off-premises.
(e) Written authorization to apply for a special occasion license to sell alcoholic beverages at joint facilities must be obtained from the joint committee on facility use prior to applying for a special occasion license from the Washington state liquor control board. Authorization should be requested through the facilities use coordinator for the joint committee on facility use sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor control board at least thirty days or more before the event.) Written authorization to apply for such license shall accompany the license application filed with the Washington state liquor control board.
(f) Written authorization to apply for a banquet permit to serve and consume alcoholic beverages at joint facilities must be obtained from the university chancellor or college president prior to applying for the permit from the Washington state liquor control board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. Written authorization to apply for such permit shall accompany the permit application filed with the Washington state liquor control board.
(g) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.
AMENDATORY SECTION (Amending WSR 13-03-085, filed 1/15/13, effective 2/15/13)
WAC 478-156-016 Family housing apartments—Assignment and unit size eligibility.
Residents must be enrolled as full-time students at the University of Washington three of the four quarters of an academic year, and be married couples; registered, same-sex domestic partners (that is, the partnerships are registered with ((the state of Washington or other)) jurisdictions where domestic partner registrations are offered); or single parents with dependent children. In addition, financial eligibility must be verified prior to move-in for those students in priority groups (1) through (3), which are described in WAC 478-156-017. The office of student financial aid will update financial need figures for family housing eligibility and will evaluate the resources of each new applicant to determine if their requirements for financial assistance exceed the established need figures. Separate financial need figures are established for each unit size. Any expenses related to the processing of the financial aid form will be borne by the applicant or the current resident. Assignment eligibility criteria for each unit size of university-owned housing is specific to the property and outlined on the University of Washington, Seattle housing and food services web site.
Changes to these eligibility criteria shall be approved through the office of the vice-president ((and vice-provost)) for student life after consultation with student leadership from the Associated Students of the University of Washington (ASUW) and the Graduate and Professional Student Senate (GPSS).
AMENDATORY SECTION (Amending WSR 92-12-011, filed 5/22/92, effective 6/22/92)
WAC 478-160-055 Admission to specific major degree programs.
Undergraduate and postbaccalaureate applicants who are qualified for admission to the university are required to enter one of the university's colleges or schools. Applicants may indicate, at the time they make application, the major degree program of their choice. However, all applicants who are qualified for admission to the university cannot always be accommodated in the college, school or degree program of their choice because of space limitations or because some prerequisites for the program have not yet been fulfilled. In such cases, applicants may be offered admission to the university in the college of arts and sciences as premajors.
In order to be considered for admission in the degree program of their choice, at a later date, such students may be required to submit a supplemental application and present additional information to the appropriate academic department or unit.
Examples of the information which might be considered may include but are not necessarily limited to the following: Achievement of at least sophomore or junior standing, grade point average, successful completion of elementary courses in the field, an audition, samples of previous accomplishments, recommendations, and test scores.
Although criteria for acceptance may vary from department to department, they are binding if all of the following conditions have been met:
(1) They are the result of action by the faculty of the department concerned and have been approved by the dean of that school or college, the faculty council on academic standards, and the president of the university.
(2) They apply to all students seeking admission to the degree program at a particular time.
(3) They have been announced ((through printed statements available in)) by the office of admissions and in the advising office of the department sponsoring the program no later than the first day of the quarter (excluding summer quarter) preceding the quarter in which they are to become effective.
AMENDATORY SECTION (Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)
WAC 478-160-060 ((Requests for)) Reconsideration of ((admission)) decisions for admission to the University of Washington.
Applicants who are denied admission to the University of Washington may request further consideration by presenting a written petition and additional information in support of their application. Such requests should be addressed to the following address:
University of Washington
Committee on Admissions and Academic Standards
Office of Admissions
320 Schmitz Hall
Box 355840
Seattle, WA 98195-5840
AMENDATORY SECTION (Amending Order 72-5, filed 11/6/72)
WAC 478-160-100 Admission to the school of dentistry.
The University of Washington school of dentistry gives primary preference in admission to qualified residents of the state of Washington. Second preference is given to qualified residents of Alaska, Arizona, ((Colorado, Idaho,)) Hawaii, Montana, New Mexico, North Dakota, and Wyoming, ((and Utah,)) which states have contractual arrangements for this purpose with the state of Washington and the University of Washington.
AMENDATORY SECTION (Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)
WAC 478-160-105 Admission to the school of dentistry—Application ((forms)).
Information on the application ((forms)) process may be obtained ((by writing to)) on the school of dentistry web site (www.dental.washington.edu) or questions may be directed to the school of dentistry at askuwsod@uw.edu or the following address:
University of Washington School of Dentistry
Office of the Dean
D-322 Health Sciences Building
Box 356365
Seattle, WA 98195-6365
The deadline for filing an application is determined by the University of Washington school of dentistry and can be obtained from the address above.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-160-231 Residence classification review committee.
The residence classification review committee shall be composed of four persons appointed by the vice-president ((and vice-provost)) for student life, each for a term of one academic year.
AMENDATORY SECTION (Amending WSR 05-21-133, filed 10/19/05, effective 11/19/05)
WAC 478-168-180 Identification card—Conditions of use.
(1) Each borrower is responsible for obtaining an official identification card from the appropriate university office or a library borrower's card from the library ((cashier)) account services.
(2) An identification card is authorized for use only by the individual whose name appears on the card.
(3) Official identification must be presented for the completion of each in-person circulation transaction.
(4) Each borrower is responsible for materials checked out on his/her University of Washington identification card or library borrower's card. Library materials are not to be loaned to others except as designated in WAC 478-168-180(6).
(5) Campus borrowers are responsible for keeping the registrar or payroll office informed of changes of address. Off-campus borrowers are responsible for keeping the library ((cashier)) account services informed of changes of address.
(6) Each University of Washington faculty, academic personnel, administrative personnel, professional staff, visiting scholar, and other individuals as authorized by the dean of university libraries, may designate up to two proxies or couriers for the purpose of picking up materials for his/her use.
AMENDATORY SECTION (Amending WSR 04-13-087, filed 6/17/04, effective 9/21/04)
WAC 478-168-325 Payment of fines and charges.
Fines and charges should be remitted to the library ((cashier)) account services unless the charges have been referred to the collection agency. Departmental purchase orders are not acceptable on the basis that fines and charges may not be appropriately paid by departmental, grant or other funds controlled by the university.
AMENDATORY SECTION (Amending WSR 03-12-007, filed 5/22/03, effective 6/22/03)
WAC 478-324-020 Adoption by reference.
The university hereby adopts by reference the following sections of the SEPA rules, chapter 197-11 of the Washington Administrative Code.
General Requirements
WAC
197-11-040
Definitions.
197-11-050
Lead agency.
197-11-055
Timing of the SEPA process.
197-11-060
Content of environmental review.
197-11-070
Limitations on actions during SEPA process.
197-11-080
Incomplete or unavailable information.
197-11-090
Supporting documents.
197-11-100
Information required of applicants.
197-11-250
SEPA/Model Toxics Control Act integration.
197-11-253
SEPA lead agency for MTCA actions.
197-11-256
Preliminary evaluation.
197-11-259
Determination of nonsignificance for MTCA remedial actions.
197-11-262
Determination of significance and EIS for MTCA remedial actions.
197-11-265
Early scoping for MTCA remedial actions.
197-11-268
MTCA interim actions.
Categorical Exemptions and Threshold Determination
WAC
197-11-300
Purpose of this part.
197-11-305
Categorical exemptions.
197-11-310
Threshold determination required.
197-11-315
Environmental checklist.
197-11-330
Threshold determination process.
197-11-335
Additional information.
197-11-340
Determination of nonsignificance (DNS).
197-11-350
Mitigated DNS.
197-11-360
Determination of significance (DS)/initiation of scoping.
197-11-390
Effect of threshold determination.
Environmental Impact Statement (EIS)
WAC
197-11-400
Purpose of EIS.
197-11-402
General requirements.
197-11-405
EIS types.
197-11-406
EIS timing.
197-11-408
Scoping.
197-11-410
Expanded scoping. (Optional)
197-11-420
EIS preparation.
197-11-425
Style and size.
197-11-430
Format.
197-11-435
Cover letter or memo.
197-11-440
EIS contents.
197-11-442
Contents of EIS on nonproject proposals.
197-11-443
EIS contents when prior nonproject EIS.
197-11-444
Elements of the environment.
197-11-448
Relationship of EIS to other considerations.
197-11-450
Cost-benefit analysis.
197-11-455
Issuance of DEIS.
197-11-460
Issuance of FEIS.
Commenting
WAC
197-11-500
Purpose of this part.
197-11-502
Inviting comment.
197-11-504
Availability and cost of environmental documents.
197-11-508
SEPA register.
197-11-510
Public notice.
197-11-535
Public hearings and meetings.
197-11-545
Effect of no comment.
197-11-550
Specificity of comments.
197-11-560
FEIS response to comments.
197-11-570
Consulted agency costs to assist lead agency.
Using Existing Environmental Documents
WAC
197-11-600
When to use existing environmental documents.
197-11-610
Use of NEPA documents.
197-11-620
Supplemental environmental impact statement—Procedures.
197-11-625
Addenda—Procedures.
197-11-630
Adoption—Procedures.
197-11-635
Incorporation by reference—Procedures.
197-11-640
Combining documents.
SEPA and Agency Decisions
WAC
197-11-650
Purpose of this part.
197-11-655
Implementation.
197-11-660
Substantive authority and mitigation.
197-11-680
Appeals.
Definitions
WAC
197-11-700
Definitions.
197-11-702
Act.
197-11-704
Action.
197-11-706
Addendum.
197-11-708
Adoption.
197-11-710
Affected tribe.
197-11-712
Affecting.
197-11-714
Agency.
197-11-716
Applicant.
197-11-718
Built environment.
197-11-720
Categorical exemption.
197-11-721
Closed record appeal.
197-11-722
Consolidated appeal.
197-11-724
Consulted agency.
197-11-726
Cost-benefit analysis.
197-11-728
County/city.
197-11-730
Decision maker.
197-11-732
Department.
197-11-734
Determination of nonsignificance (DNS).
197-11-736
Determination of significance (DS).
197-11-738
EIS.
197-11-740
Environment.
197-11-742
Environmental checklist.
197-11-744
Environmental document.
197-11-746
Environmental review.
197-11-750
Expanded scoping.
197-11-752
Impacts.
197-11-754
Incorporation by reference.
197-11-756
Lands covered by water.
197-11-758
Lead agency.
197-11-760
License.
197-11-762
Local agency.
197-11-764
Major action.
197-11-766
Mitigated DNS.
197-11-768
Mitigation.
197-11-770
Natural environment.
197-11-772
NEPA.
197-11-774
Nonproject.
197-11-775
Open record hearing.
197-11-776
Phased review.
197-11-778
Preparation.
197-11-780
Private project.
197-11-782
Probable.
197-11-784
Proposal.
197-11-786
Reasonable alternative.
197-11-788
Responsible official.
197-11-790
SEPA.
197-11-792
Scope.
197-11-793
Scoping.
197-11-794
Significant.
197-11-796
State agency.
197-11-797
Threshold determination.
197-11-799
Underlying governmental action.
Categorical Exemptions
WAC
197-11-800
Categorical exemptions.
197-11-810
Exemptions and nonexemptions applicable to specific state agencies.
197-11-820
Department of licensing.
197-11-825
Department of labor and industries.
197-11-830
Department of natural resources.
197-11-835
Department of ((fisheries)) fish and wildlife.
((197-11-840
Department of game.))
197-11-845
Department of social and health services and department of health.
197-11-850
Department of agriculture.
197-11-855
Department of ecology.
197-11-860
Department of transportation.
197-11-865
Utilities and transportation commission.
197-11-870
Department of commerce ((and economic development)).
197-11-875
Other agencies.
197-11-880
Emergencies.
197-11-890
Petitioning DOE to change exemptions.
Agency Compliance
WAC
197-11-900
Purpose of this part.
197-11-902
Agency SEPA policies.
197-11-904
Agency SEPA procedures.
197-11-906
Content and consistency of agency procedures.
197-11-910
Designation of responsible official.
197-11-912
Procedures of consulted agencies.
197-11-914
SEPA fees and costs.
197-11-916
Application to ongoing actions.
197-11-917
Relationship to chapter 197-10 WAC.
197-11-918
Lack of agency procedures.
197-11-920
Agencies with environmental expertise.
197-11-922
Lead agency rules.
197-11-924
Determining the lead agency.
197-11-926
Lead agency for governmental proposals.
197-11-928
Lead agency for public and private proposals.
197-11-930
Lead agency for private projects with one agency with jurisdiction.
197-11-932
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197-11-934
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
197-11-936
Lead agency for private projects requiring licenses from more than one state agency.
197-11-938
Lead agencies for specific proposals.
197-11-940
Transfer of lead agency status to a state agency.
197-11-942
Agreements on lead agency status.
197-11-944
Agreements on division of lead agency duties.
197-11-946
DOE resolution of lead agency disputes.
197-11-948
Assumption of lead agency status.
197-11-950
Severability.
197-11-955
Effective date.
Forms
WAC
197-11-960
Environmental checklist.
197-11-965
Adoption notice.
197-11-970
Determination of nonsignificance (DNS).
197-11-980
Determination of significance and scoping notice (DS).
197-11-985
Notice of assumption of lead agency status.
197-11-990
Notice of action.
AMENDATORY SECTION (Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)
WAC 478-324-130 Establishment of the SEPA information ((center)) web site.
(1) The University of Washington capital projects office ((of public records and open public meetings)) shall serve as the location for the university's SEPA information ((center)) web site.
(2) The following documents shall be maintained at the SEPA information ((center)) web site:
(a) ((Copies of)) All SEPA public information registers for a period of one year from the date of publication.
(b) ((Copies of)) All environmental checklists, determinations of nonsignificance and determinations of significance for a period of one year from the date of issue.
(c) ((Copies of)) All current scoping and public hearing notices.
(d) ((Copies of)) All draft and final EISs for a period of three years after the date of publication((, except that technical appendices need not be maintained at the SEPA information center if adequate notice is provided regarding where on campus such appendices are located)).
(e) ((Copies of)) All draft and final EISs which have been incorporated by reference shall be maintained at the SEPA information ((center)) web site for the same time period as the underlying document is maintained.
(f) A current list of individuals designated as responsible officials for university compliance with SEPA.
(g) A current membership list of the SEPA advisory committee.
(h) ((Copies of)) Agendas and minutes of the SEPA advisory committee for a period of one year after the date of issue.
(3) The documents at the SEPA information ((center)) web site shall be available for public inspection ((and copies thereof shall be provided upon request. A fee to cover the actual cost of printing/copying may be charged for copies)) online.