WSR 17-01-127 PROPOSED RULES WESTERN WASHINGTON UNIVERSITY [Filed December 20, 2016, 11:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-09-026.
Title of Rule and Other Identifying Information: Chapter 516-21 WAC, Student rights and responsibilities code.
Hearing Location(s): Western Washington University (WWU), Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225-9015, on January 25, 2017, at 12:00 p.m.
Date of Intended Adoption: February 10, 2017.
Submit Written Comments to: Jennifer Sloan, Rules Coordinator, 516 High Street, Old Main 331, Bellingham, WA 98225-9015, email Jennifer.Sloan@wwu.edu, fax (360) 650-6197, by January 24, 2017.
Assistance for Persons with Disabilities: Contact Jennifer Sloan by January 13, 2017, TTY (800) 833-6384 or (360) 650-3117.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes add a new section on amnesty to clarify the current practice of encouraging students to seek medical assistance and/or report sexual violence without fear of punishment through the code. A new section regarding violation of university policy, rule, or regulation. Updates to sections regarding alcohol; drugs and paraphernalia; and weapons and destructive devices to better align with recent changes to state law. New sections that better define prohibited conduct related to Title IX. New violation section for notification of criminal arrest to match admissions application question and comply with changing state law. Updates to the process for violations of the code.
Reasons Supporting Proposal: The proposal clarifies existing rules, adds new sections, and updates the student conduct code on university procedures, in line with state and federal laws and guidance.
Statutory Authority for Adoption: RCW 28B.35.120; chapter 34.05 RCW; and 20 U.S.C. 1681-1688 (Title IX Education Amendments of 1972).
Rule is necessary because of federal law, 20 U.S.C. 1681-1688 (Title IX Education Amendments of 1972).
Name of Proponent: WWU, public.
Name of Agency Personnel Responsible for Drafting: Michael Sledge, Assistant Dean of Students, WWU Viking Union 506A, (360) 650-2484; Implementation and Enforcement: Tedd Pratt, Dean of Students, WWU Viking Union 544, (360) 650-3450.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes to the student rights and responsibilities code would not impose a disproportionate impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. Proposed changes are not considered a significant legislative rule by WWU.
December 20, 2016
Jennifer L. Sloan
Rules Coordinator
Chapter 516-21 WAC
STUDENT ((RIGHTS AND RESPONSIBILITIES)) CONDUCT CODE AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-010 Introduction.
Western Washington University students enjoy the same basic rights, privileges, and freedoms granted to all members of society. At the same time, acceptance of admission to the university carries with it an obligation to fulfill certain responsibilities and expectations as a member of the Western Washington University community.
As ((a condition of enrollment at)) members of the Western community, students must assume responsibility for their own actions and maintain an environment conducive to ((the)) academic success((, safety, and well-being of others)). In addition, they are expected to be truthful, respect the rights of others, and abide by all university policies and procedures, as well as all applicable local, state, and federal laws and regulations. All students are responsible for understanding and complying with the responsibilities and expectations set forth in this code both on and off campus.
The student conduct process ((at Western is designed to be a learning process that promotes an understanding of students' responsibilities as members of the university community. The objectives of the student conduct system, as set forth in this code, are twofold: To ensure that students act in a manner consistent with high standards of scholarship and behavior, and to maintain)) is intended to be educational in ensuring that students act in a manner consistent with high standards of scholarship and behavior, while maintaining the safety and well-being of all members of the university community.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-020 Definitions.
As used in this chapter, the following words and phrases mean:
(1) ((Appeals board. The student conduct appeals board.
(2) Business)) Day. Any day, Monday through Friday (excluding holidays), during which university offices are open.
(((3))) (2) Catalog. The Western Washington University General Catalog.
(((4))) (3) Code. The student ((rights and responsibilities)) conduct code.
(4) Board. The student conduct appeals board.
(5) Conduct hold ((or judicial hold)). A block placed on a student's official university record at the request of ((the)) a conduct officer or dean of students. A conduct ((or judicial)) hold prohibits a student from registering for classes, requesting an official transcript, or receiving a degree from the university until the hold has been removed.
(6) Conduct officer. ((The student)) A conduct officer or ((his/her)) their authorized designee as determined by the dean of students.
(7) Dean of students. The dean of students or ((his/her)) their authorized designee.
(8) Guest. Any person who is not a member of the university community, who is on university property or attending an official university function at the invitation and/or hosting of a student.
(9) Member of the university community. Any person who is a student, university official, registered volunteer or who is otherwise employed or contracted by the university. Any question regarding a person's status in a particular situation for purposes of this code shall be determined by the dean of students.
(10) Official university function. Any activity, on or off campus, that is initiated, sponsored, or supervised by any entity of Western Washington University.
(11) Preponderance of evidence. Defined as "more likely than not," the standard of responsibility that is used when determining whether a violation of the student ((rights and responsibilities)) conduct code has occurred.
(12) Student. Any person who:
(a) Has been formally admitted to the university;
(b) Is enrolled in one or more classes at the university, including nonmatriculated international students attending language institutes or foreign study programs;
(c) Is participating in a certificate, degree, distance learning, or professional enrichment program, through extended education and summer programs;
(d) Is participating in a university-sponsored study abroad program;
(e) Was enrolled in a prior quarter or summer session at the university and is eligible to continue enrollment in the quarter or summer session that immediately follows; or
(f) Withdrew from the university after an alleged violation of the code, for conduct that occurred while they were enrolled in or participating in a program offered by the university.
(13) University. Western Washington University and all associated programs, including those offered online and/or at off-campus program sites.
(14) University official. Any person employed or contracted by the university, who is performing assigned teaching, administrative, or professional responsibilities. University officials may be full- or part-time, and may include student staff members.
(15) University property. All land, buildings, facilities, electronic presences and other property that is owned, used, leased, or controlled by Western Washington University wherever located. University property also includes computer systems, and adjacent streets and sidewalks.
(16) WAC. An abbreviation for the Washington Administrative Code.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-030 Jurisdiction.
(1) The student ((rights and responsibilities)) conduct code applies to all conduct that occurs on university property or in connection with any official university function.
(2) Western Washington University does not act as a policing agent for students when they are off campus. However, the university reserves the right to take action if a student's conduct is determined to adversely affect a substantial university interest. Student conduct that occurs off campus may be subject to the student ((rights and responsibilities)) conduct code when it:
(a) Adversely affects the safety or well-being of any member of the university community; or
(b) Involves academic work or any records, documents, or identifications of the university.
In determining whether to exercise jurisdiction over such conduct, ((the student)) a conduct officer shall consider the seriousness of the alleged offense, the risk of harm involved, and whether the alleged ((victim(s))) complainant(s) are members of the university community. Any question of interpretation or application of jurisdiction shall be referred to the dean of students for final determination.
(3) Students are responsible for their conduct from the time they have confirmed their enrollment at Western through the awarding of their degree. This includes conduct that occurs before classes begin, after classes end, and during periods between actual terms of enrollment. Students who are found to be in violation of the code may be subject to sanctions under the code.
(4) A student with a pending conduct violation may not avoid the conduct process by withdrawing from the university. In these circumstances, a conduct hold will be placed on the student's official record, preventing them from registering for classes, requesting an official transcript, or receiving a degree from the university. This hold will remain in place until the student has met with the conduct officer to discuss the alleged conduct violation(s).
(5) Sanctions against student organizations are decided by procedures established by the university administrative unit governing that organization's recognition. Conduct proceedings against individual member(s) of a student organization can be initiated under this code, independent of any departmental action(s) taken against the student organization.
NEW SECTION
WAC 516-21-055 Amnesty.
(1) In situations involving intoxication, alcohol poisoning, or drug-related medical issues, students are encouraged to seek swift medical assistance for themselves and others without fear of penalty. Students requesting and receiving medical assistance in these situations will not typically be subject to the student conduct process. This policy refers to isolated incidents and does not excuse students who repeatedly or flagrantly violate the alcohol or drug policy, nor does it preclude action arising from other violations of the code. Western will consider the positive impact of reporting a situation when determining any course of action.
(2) Complainants and witnesses who in good faith report sexual violence will not be subject to alcohol or drug violations of the code occurring at or near the time of the sexual violence unless their own conduct placed another person's health or safety at risk. Without imposing sanctions, Western may initiate educational remedies regarding alcohol or drug use.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-060 Conduct that harms or threatens health or safety.
Conduct that harms, attempts to harm, or threatens the health or safety of any ((person, including oneself, is a violation of the code. Conduct that threatens health or safety)) member of the Western community by any means (e.g., in person, through a third party, online), or others on university property or in connection with any official university function, is a violation of the code. This includes, but is not limited to:
(1) ((Intoxication or impairment through the use of alcohol or other substances to the point that a student is unable to exercise care for his/her own safety or well-being.)) Physical assault.
(2) Any threat, stated or implied, to the health, safety or well-being of ((self or)) others.
(3) Any contact or communication of a threatening nature that intimidates, harasses, ((or causes a)) and would cause a reasonable person to fear for their safety or well-being.
(4) ((Incidents involving the use or display of a weapon or destructive device likely to cause bodily injury and/or damage to property.)) Intoxication or impairment through the use of alcohol or other substances to the point that a student is unable to exercise care for their own safety or well-being.
(5) Sexual violence including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-070 Disruptive behavior.
Behavior that substantially disrupts, disturbs, or interferes with the ability of students to learn or university officials to perform their assigned duties is a violation of the code. Disruptive behavior includes, but is not limited to:
(((1) Demonstrations or protests that substantially disrupt, disturb, or interfere with:
(a) Classroom activities or other educational pursuits;
(b) Official university activities or functions including, but not limited to, ceremonies, meetings, office functions, performances, or athletic events;
(c) Pedestrian or vehicular traffic; or
(d) The preservation and protection of university property and/or the personal property of members of the university community.
(2))) Any ((other)) behavior that substantially disrupts, disturbs, or interferes with:
(((a))) (1) Classroom activities or other educational pursuits;
(((b))) (2) Official university activities or functions including, but not limited to, ceremonies, meetings, office functions, performances, or athletic events;
(((c))) (3) Pedestrian or vehicular traffic; or
(((d))) (4) The preservation and protection of university property and/or the personal property of members of the university community.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-110 Harassment (other than sexual harassment or discriminatory harassment).
((Harassment, defined as any conduct that is sufficiently severe, pervasive, or persistent to have the purpose or effect of interfering with a member of the university community's ability to work, study, or participate in their regular activities, is a violation of the code. Examples of harassment include, but are not limited to:
(1) Engaging in unwanted contact or communication, including calls, voice messages, electronic mail, text messages, social media posts or messages, written letters, unwanted gifts, or face-to-face contact with a member of the university community;
(2) Repeatedly following a member of the university community; waiting outside their residence, school, or place of employment; or placing them under any form of surveillance; and
(3) Engaging in any form of behavior that is meant to threaten or intimidate a member of the university community based on their membership in a protected class, including race, color, creed, religion, national origin, sex, age, disability, marital status, genetic information, status as a veteran, and/or sexual orientation.)) Harassment is conduct by any means that is severe or pervasive. It is of such a nature that it would cause a reasonable person in the complainant's position substantial emotional distress and undermine their ability to work, study, or participate in their regular life activities or participate in the activities of the university. Harassment causes the complainant substantial emotional distress and undermines the complainant's ability to work, study, or participate in the complainant's regular life activities or participate in the activities of the university.
NEW SECTION
WAC 516-21-115 Discrimination and discriminatory harassment.
Discrimination or discriminatory harassment is prohibited on the basis of race; sex; sexual orientation; gender identity/expression; religion; age; color; creed; national or ethnic origin; physical, mental, or sensory disability (including disability requiring the use of a trained service animal); marital status; genetic information; and/or veteran status; and as defined in Western Washington University policy POL-U1600.02 and POL-U1600.04, which prohibit discrimination, sexual harassment, and sexual misconduct. Anyone complaining or involved in a complaint of discrimination is protected against retaliation.
(1) Sexual harassment is a violation of the code. Sexual harassment is unwelcome conduct of a sexual nature including unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, electronic, or physical conduct of a sexual nature, when:
(a) It has a tangible impact on a student's education including, but not limited to, classroom experiences, academic grades, living environment, participation in a university activity; or
(b) It is sufficiently severe and/or pervasive to interfere with a member of the university community's ability to work, study, or participate in their regular activities, or benefit from the university's programs or activities and creates a hostile environment.
(2) Gender-based harassment includes nonsexual acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on a person's gender or nonconformity with gender stereotypes, and is a violation of the code. Gender-based harassment violates this code when it is sufficiently severe and/or pervasive, such that it denies or limits another's ability to work, study, participate in, or benefit from the university's programs or activities.
(3) Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-130 ((Illegal possession and/or use of)) Alcohol.
((Illegally possessing, using, distributing, selling, or being under the influence of alcohol while on university property or at an official university function is a violation of the code. This includes, but is not limited to:
(1) Possession or consumption of alcohol by anyone under the age of twenty-one;
(2) Providing alcohol to anyone under the age of twenty-one;
(3) Driving on university property while under the influence of alcohol; and
(4) Public intoxication by persons of any age. See also policy concerning alcohol and other drugs in the catalog.)) Except as permitted by law (e.g., possession or use by a person of legal age) and/or university policy, the possession, use, distribution, or sale of alcohol while on university property or at an official university function is a violation of the code. See also Policy Concerning Alcohol and Other Drugs in the appendices section of the university catalog.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-140 ((Illegal possession and/or use of)) Drugs and paraphernalia.
((Illegally possessing, using, manufacturing, cultivating, packaging, distributing, selling, or providing a controlled or illegal substance, or being under the influence of a controlled or illegal substance while on university property or at an official university function, is a violation of the code. This includes, but is not limited to:
(1) Possession of drug paraphernalia;
(2) Driving on university property while under the influence of a controlled or illegal substance; and
(3) Intentionally misusing or distributing prescription drugs. See also policy concerning alcohol and other drugs in the catalog.)) Except as permitted by law and university policy, the possession, use, cultivation, manufacturing, packaging, distribution, or provision of a controlled or illegal substance or the possession of drug paraphernalia while on university property or at an official university function is a violation of the code. This code violation also includes the intentional misuse or distribution of prescription drugs. See also Policy Concerning Alcohol and Other Drugs in the appendices section of the university catalog.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-150 Interfering with the conduct process.
Interfering with the conduct process is a violation of the code. This includes, but is not limited to:
(1) Giving a false report or claim;
(2) Attempting to influence the impartiality of witnesses or appeals board member(s);
(3) Participating in or encouraging ((retribution)) retaliation against a complainant((s)) or ((witnesses)) witness;
(4) Threatening, harassing, or intimidating complainants or witnesses;
(5) Disrupting or interfering with the orderly conduct of a hearing or meeting; and
(6) Failing to comply with any sanction(s) imposed as the result of a code violation.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-160 Misuse of computers, electronic data or communication systems.
Misuse of computers, electronic data, or communication systems is a violation of the code. This includes, but is not limited to:
(1) Unauthorized entry into a file, web page, e-mail account, or online profile to use, download, read, transfer, or change the contents, or for any other purpose;
(2) Unauthorized use of another person's university-issued identification and password;
(3) The use of campus computing facilities, networks (including wireless networks), equipment, or services to interfere with the normal operation of the university computing system or the work of any member of the university community;
(4) The use of campus computing facilities, networks (including wireless networks), equipment, or services to "cyber stalk" another person or to send obscene, abusive ((or)), harassing, or sexually harassing messages;
(5) The use of campus computing facilities, networks (including wireless networks), equipment, or services to illegally copy, distribute, download, or upload information (including movies, music, or other digital content) from the internet or any electronic source;
(6) The use of campus computing facilities, networks (including wireless networks), equipment, or services to illegally copy, reproduce, or distribute licensed software;
(7) Attempting to modify system facilities or networks, including the introduction of electronic vandalism (e.g., "viruses," "worms," or other disruptive/destructive programs) into university computing resources or those connected to it by the network; and
(8) The use of campus computing facilities, networks (including wireless networks), equipment or services for personal profit or for any use other than authorized university business.
Students are also responsible for reading and complying with all provisions set forth in the Western Washington University policy for responsible computing, the user agreement for WWU network and computing resources, and the using copyrighted materials policy.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-180 Sexual misconduct.
(((1) Sexual misconduct, defined as any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, or coercion, is a violation of the code. Sexual misconduct includes, but is not limited to:
(a) Sexual harassment (e.g., engaging in unwelcome verbal, written, or physical behavior of a sexual nature that is directed at another person or group, based on that person or group's sex, gender, or perceived sex or gender);
(b) Sexual intimidation (e.g., engaging in any behavior, either verbal or nonverbal, that has the effect of subjecting another person to humiliation, embarrassment, or discomfort because of their sex, gender, or perceived sex or gender);
(c) Sexual coercion (e.g., engaging in the use of pressure, alcohol or drugs, or force to compel or persuade another person to engage in sexual activity);
(d) Sexual exploitation (e.g., engaging in voyeurism or peeping, distributing intimate or sexual information about another person without that person's consent, knowingly transmitting an STD or HIV to another person, or engaging in any behavior that takes sexual advantage of another person without that person's consent);
(e) Sexual assault (e.g., engaging in actual or attempted sexual touching, genital-oral contact, penetration, and/or intercourse without consent).
(2) Consent for all sexual activity must be given free of force, threat, intimidation, or coercion. At the time of the sexual activity, actual words or conduct demonstrating freely given agreement must occur; silence or passivity do not imply consent. Activity of a sexual nature is considered nonconsensual when:
(a) An individual is asleep, unconscious, or otherwise physically unable to communicate his or her willingness or unwillingness to engage in sexual activity;
(b) An individual lacks the ability, at the time of sexual activity, to be able to understand the nature or consequences of the activity, whether due to illness; impairment; the influence of alcohol, drugs, or medication; or another cause; or
(c) An individual is not of legal age to give consent.
(3) Sexual misconduct represents a range of behavior; it can occur between strangers or acquaintances, including individuals involved in an intimate or sexual relationship. Sexual misconduct can also be committed by individuals of any gender and can occur between people of the same or different sex. See also sexual misconduct policy and procedure in the catalog.)) Sexual misconduct is a violation of the code and includes nonconsensual sexual contact, sexual exploitation and sexual violence (sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination). See also WAC 516-21-110 Harassment (other than sexual harassment or discriminatory harassment), WAC 516-21-115 Discrimination or discriminatory harassment, WAC 516-21-060 Conduct that harms or threatens, WAC 516-21-188 Stalking, WAC 516-21-184 Dating violence, and WAC 516-21-186 Domestic violence.
(1) Consent to any sexual activity must be clear, knowing, and voluntary. Anything less is equivalent to a "no." Clear, knowing, and voluntary consent to sexual activity requires that, at the time of the act, actual words or conduct demonstrate clear permission regarding willingness to engage in sexual activity and the conditions of such activity. Silence or passivity is not consent. Consent is ongoing and can be withdrawn at any time. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:
(a) Force or coercion is threatened or used to procure compliance with the sexual activity;
(i) Force is the use of physical violence, physical force, threat, or intimidation to overcome resistance or gain consent to sexual activity.
(ii) Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to obtain consent from another. When an individual makes it clear through words or actions that they do not want to engage in sexual contact, want to stop, or do not want to go past a certain point of sexual interaction, continued pressure beyond that point may be coercive. Other examples of coercion may include using blackmail, extortion, or a position of power to overcome resistance or gain consent to sexual activity.
(b) The person is asleep, unconscious, or physically unable to communicate their unwillingness to engage in sexual activity; or
(c) The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, the influence of alcohol or another substance, or some other cause. When alcohol or drugs are involved, a person is considered incapacitated or unable to give valid consent if they cannot fully understand the details of the sexual interaction (i.e., who, what, when, where, why, and how), and/or they lack the capacity to reasonably understand the situation and to make rational, reasonable decisions.
(2) Sexual assault is attempted or actual nonconsensual penetration, no matter how slight, of the vagina or anus by any body part or object; or of another's vagina, anus, or mouth by a penis. Sexual assault is also nonconsensual sexual contact or any intentional sexual touching, however slight, with any object or body part, by one person against another person's intimate parts (genitals or genital area, breast or buttock (clothed or unclothed). This includes any intentional bodily contact of one's own intimate area with another person.
(3) Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses explained above.
(4) Use of alcohol or other drugs is not a valid defense to a violation of this policy.
(5) Sexual misconduct represents a range of behaviors; it can occur between strangers or acquaintances, including individuals involved in an intimate or sexual relationship. Sexual misconduct can be committed by individuals or groups of individuals directed to one or more people and can occur between people of the same or different sex. See also University Policy U1600.04 Preventing and Responding to Sex Discrimination, Including Sexual Misconduct.
NEW SECTION
WAC 516-21-184 Dating violence.
Conduct by a student who is or has been in a romantic or intimate relationship with another that intentionally or recklessly causes bodily injury or places another in reasonable fear of serious bodily injury is a violation of the code. The nature of the relationship is determined by the length, type, and frequency of interaction between them. Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.
NEW SECTION
WAC 516-21-186 Domestic violence.
Conduct by a student who is a current or former spouse or intimate partner (including between two people that share a child in common) that intentionally or recklessly causes bodily injury, or causes another to be in reasonable fear of serious bodily injury is a violation of the code. Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.
NEW SECTION
WAC 516-21-188 Stalking.
Engaging in a course of unwelcomed conduct (e.g., following, monitoring, observing, surveilling, threatening, communicating or interfering with property) directed at a specific person that would cause a reasonable person to fear for their safety, or the safety of others, or suffer substantial emotional distress, is a violation of the code. Stalking includes, but is not limited to, conduct occurring in person, electronically, and/or through a third party.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-190 Student violation of the law.
Students are expected to abide by all local, state, and federal laws while on campus or at official university functions. Failure to comply with these laws is a violation of the code.
While Western does not act as a policing agent for students when they are off campus, the university reserves the right to take action if a student's conduct is determined to adversely affect a substantial university interest((. See also)) as set forth in WAC 516-21-030 Jurisdiction.
Proceedings under the code may be carried out prior to, simultaneously, or following civil or criminal proceedings in the courts. Since the standard of proof under the code (preponderance of evidence) differs from that of criminal law, decisions made through the student conduct process are not subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced by a court of law.
NEW SECTION
WAC 516-21-195 Notification of criminal arrest.
Failure by the student to notify the dean of students of any off-campus felony arrest, or when the arrest is for an offense that is violent, weapons-related, involves kidnapping, or requires that the student register as a sex offender by any legal authority within the U.S., is a violation of the code. The university may send a letter to the student requiring that they make an appointment for an interview. During this interview, the dean of students or their designee shall discuss with the student:
(1) The facts involved in the student's arrest;
(2) The student's obligation to keep the university informed of the progress of any criminal charge(s);
(3) The student's obligation to advise the university of the final disposition of any criminal charge(s); and
(4) Whether the behavior falls under jurisdiction of the student code.
The university will cooperate with law enforcement and other agencies administering a corrective or rehabilitative program for the student. See also POL-U5620.02 Notifying Campus Community About Sex and Kidnapping Offenders.
NEW SECTION
WAC 516-21-215 Violation of university policy, rule, or regulation.
Violation of any published university policy, rule, or regulation is a violation of the code.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-220 Weapons and destructive devices.
Possession, use, ((unauthorized)) storage, or manufacture of firearms, ammunition, explosives, or other weapons or destructive devices capable of causing bodily injury or damage to property, on university property or at official university functions, is a violation of the code. Weapons and destructive devices include, but are not limited to, the unauthorized use or possession of:
(1) Firearms or projectile devices of any kind, including BB, pellet, paintball, and airsoft guns, bow and arrow, and sling shots;
(2) Martial arts weapons of any kind, including nunchucks, swords, or throwing stars;
(3) Fireworks of any kind((, including firecrackers, cherry bombs, or homemade explosives));
(4) ((Projectile devices of any kind, including catapults or slingshots;)) Dangerous chemicals;
(5) Any knife with a blade longer than three inches (excluding kitchen utensils); and
(6) ((Any object that can be used as a weapon to cause bodily injury or damage to property.)) Weapons classified as dangerous in RCW 9.41.250.
This does not include the lawful possession of any personal protection spray device authorized under RCW 9.91.160.
See also WAC 516-52-020 Firearms and dangerous weapons.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-230 Sanctions.
Sanctions serve many purposes including, but not limited to, educating students about the seriousness of their actions; reinforcing the high standards of scholarship and behavior expected of Western students; promoting student development; and maintaining the safety and well-being of members of the university community. When a student admits responsibility or is found in violation of the code, ((the)) a conduct officer or dean of students may impose one or more of the sanctions listed in this section. This list of sanctions is not meant to be exclusive. Other sanctions, designed or intended to enhance the educational value of conduct proceedings, may be applied in a given case.
(1) Warning. A formal written notice to the student that a violation of the code has occurred, and that further violations may result in additional sanctions under the code.
(2) Conditional status. A probationary status imposed for a specific period of time, during which the student must demonstrate conduct that conforms to university standards. Conditions restricting the student's privileges or eligibility for activities may be imposed. Violations of any conditions specified in the notice of conditional status or violations of any other university policies or regulations during the period of the sanction, may result in additional sanctions under the code.
(3) Loss of privileges. A student may be denied specific privileges (i.e., participation in specific activities, restriction from specific areas of campus, etc.) on a temporary or permanent basis. Violations of any conditions specified in the notice of loss of privileges or violations of any other university policies or regulations during the period of the sanction, may result in additional sanctions under the code.
(4) Restriction from contacting others ("no contact" order). A student may be restricted from direct or indirect physical, verbal, or electronic contact with another person and/or group. Indirect or direct contact made with another person or group while a "no contact" order is in place may result in additional sanctions under the code.
(5) Educational activities. A student may be required to engage in educational activities related to violation(s) of the code. Such activities may include, but are not limited to, required attendance at educational programs, community service, conducting research projects, writing assignments, and/or meeting with campus officials.
(6) Assessment, counseling, or treatment programs. A student may be required to participate in an assessment, counseling, and/or treatment program (at the student's expense), to address substance abuse, anger issues, or other issues or types of behaviors that pose a threat to ((their safety or well-being or)) the safety or well-being of others.
(7) Restitution. A student may be required to provide compensation for loss, damage, or injury resulting from a violation of the code. Restitution may take the form of monetary or material replacement or appropriate service to repair or otherwise compensate for the loss, damage, and/or injury caused.
(8) Parental notification. Parents may be notified of conduct findings when a student under the age of twenty-one is found responsible for violations involving alcohol and/or drugs. When possible, students whose parents are to be notified will be informed before such notification occurs and given an opportunity to initiate contact with their parents.
(9) Campus residence hall or apartment relocation. A student's on-campus living arrangements may be transferred to another residence hall or apartment.
(10) Termination of university residences agreement. A student may be removed from their campus residence hall or apartment and their housing agreement terminated.
(11) Suspension from the university. A student may be removed from the university for a designated period of time, after which the student will be eligible to return. While suspended, the student is trespassed from all university facilities and prohibited from participating in official university functions. Specific conditions for readmission to the university may be imposed (e.g., counseling, completion of substance abuse treatment, etc.).
(12) Deferred suspension. A student may receive a notice of deferred suspension from the university, with a provision that they are allowed to remain enrolled contingent on meeting specific conditions. Failure to meet any condition(s) specified in the notice of deferred suspension will result in immediate suspension from the university.
(13) Expulsion from the university. A student may be permanently separated from the university. A student who has been expelled is not eligible for readmission.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-240 Student conduct system.
(1) The vice-president for enrollment and student services is responsible for administration of the code. Supervision of the code has been delegated by the vice-president to the dean of students.
(2) ((The)) A conduct officer(s) shall be appointed and supervised by the dean of students or ((his/her)) their authorized designee. ((The)) A conduct officer has the authority to ((adjudicate)) consider complaints, make findings, and administer sanctions for violations of the code. In complaints alleging discrimination or sexual violence, which includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, an investigation and written report of findings from Western Washington University's equal opportunity office (or their designee) will be provided to a conduct officer in lieu of the conduct officer's investigation.
(3) ((A six-member appeals board shall be appointed at the beginning of each fall term to consider reviews of the conduct officer's findings and decision. The appeals board shall include:)) Appeal board members shall be appointed to consider appeals of a conduct officer's findings and sanctions. Appeal board members shall include a pool of the following:
(a) ((Two)) Four faculty members, appointed by the faculty senate;
(b) ((Three)) Six student members, appointed by the associated students board of directors and/or residence hall association. Student board members must:
(i) Have a cumulative grade point average above 2.0;
(ii) Not currently be under an active sanction of the conduct code or have had previous conduct violations during the current academic year; and
(iii) Be confirmed by the dean of students; and
(c) ((One)) Four staff members, generally but not exclusively from the division of enrollment and student services, ((nominated)) confirmed by the dean of students ((and confirmed by the vice-president for enrollment and student services.
(4) Alternates will be identified for each area represented on the appeals board. Student appointments are for one academic year. Faculty and staff appointments are for two-year staggered terms.
(5) All appointments to the committee shall be initiated during the first full month of the fall term. Should a request for a review of the conduct officer's findings and decision come forward during the summer term or during other break periods, the review will be heard by the dean of students or by an interim appeals board appointed by the dean of students.
(6) Both the appeals board and the dean of students have full authority to render a decision under the code. All review decisions are final)).
(4) An appeals board shall be composed of five members and any three persons constitute a quorum of a board. Generally an appeals board will be comprised of faculty, staff, and students, but in some instances may only be comprised of members from two of the three groups. The dean of students, or their designee, will appoint a chair from this pool for each board. Board members may not have been involved in consideration of the complaint, or involved in the complaint. Board members must be properly trained in accordance with state and/or federal guidance. The dean of students or their designee will have final authority to approve all of those serving on a board. The dean of students, or their designee, will work to ensure that any board is balanced and representative.
(5) A staff member appointed by the dean of students may advise the board on technical details of the code and its procedures.
(6) Conduct officers, the appeals board, and the dean of students or authorized designees have full authority to administer a decision under the code.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-250 Student rights in the conduct process.
((All)) Alleged violations of the code will be resolved through the student conduct process, respecting fairness and due process for all involved parties.
(1) A student((s)) accused of violating the code ((have)), known as the respondent, has certain rights in the conduct process. These include the right to:
(a) ((Receive written notification of the section(s) of the code they are alleged to have violated, including a clear description of the basis for the charge(s), delivered via e-mail to the student's official @students.wwu.edu account;
(b) Meet with the conduct officer to discuss the section(s) of the code they are alleged to have violated and present a response to such allegations;
(c))) Receive prior written notice to attend meetings with a conduct officer or hearings with an appeals board delivered via e-mail to the student's official university e-mail account;
(b) Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;
(((d))) (c) Be accompanied through the conduct process by ((a person)) an advisor of their choice (((this person may give advice to the student, but may not directly address the conduct officer, any member of the appeals board, or the dean of students);
(e) Refuse to answer any question asked of them and have no inference of guilt drawn from such refusal)) and at their own expense. A respondent should select as an advisor a person who is not involved in the same complaint and whose schedule allows attendance at the scheduled date and time for the scheduled meeting or hearing. The scheduling conflicts of an advisor are not considered good cause for a delay;
(d) Remain silent or decline to respond to any question(s) during any conduct meeting or hearing;
(e) Review information relied upon by the conduct officer or appeals board in making a determination;
(f) Receive written notification of the ((conduct officer's)) findings ((and)), decision, and basis for each, delivered via e-mail to the student's official ((@students.wwu.edu)) university e-mail account, within seven business days of the date of the ((meeting (or, if multiple meetings are necessary to determine responsibility or multiple individuals are involved and information presented by each is deemed necessary to determine responsibility, within seven business days of the date of the final meeting for the specific incident))) final meeting with a conduct officer, or ten business days of the date of a hearing with an appeals board;
(g) Request ((a review of the conduct officer's findings and decision by the appeals board or dean of students)) an appeal of a decision by a conduct officer, as described in WAC 516-21-280 Basis for ((review; and)) appeal;
(h) Request a review of an appeal, as described in WAC 516-21-280 Basis for appeal; and
(i) Waive any of the rights contained in this section.
(2) An individual((s)) who ((have)) has filed a complaint ((or are the victim of an alleged violation of the code have)) alleging violence or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, known as the complainant, has certain rights in the conduct process. These include the right to:
(a) ((Submit a written account of the alleged violation(s);
(b) Be advised of the date, time, and location of the hearing;
(c))) Receive prior written notice to attend meetings with a conduct officer or hearings with an appeals board delivered via e-mail to the student's official university e-mail account;
(b) Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;
(((d))) (c) Be accompanied through the conduct process by ((a person)) an advisor of their choice (((this person may give advice to the student, but may not directly address the conduct officer, any member of the appeals board, or the dean of students);
(e) Be free of any form of retaliation and report any retaliation that occurs for further action;
(f) Have past unrelated behavior excluded from the investigation or hearing; and
(g) Submit an oral or written impact statement to the conduct officer, appeals board, or dean of students, for consideration during the sanctioning phase of the conduct process, if the charged student is found responsible)) and at their own expense. A complainant should select as an advisor a person who is not involved in the complaint and whose schedule allows attendance at the scheduled date and time for the scheduled meeting or hearing. The scheduling conflicts of an advisor are not considered good cause for a delay;
(d) Remain silent or decline to respond to any question(s) during the conduct meeting;
(e) Review information relied upon by the conduct officer or appeals board in making a determination;
(f) Receive written notification of the findings, decision and basis for each, delivered via e-mail to the complainant's official university e-mail account, within seven business days of the date of the respondent's final meeting with a conduct officer or ten business days of the date of a hearing with an appeals board;
(g) Request an appeal of a decision by a conduct officer, as described in WAC 516-21-280 Basis for appeal;
(h) Request a review of an appeal, as described in WAC 516-21-280 Basis for appeal; and
(i) Waive any of the rights contained in this section.
(3) For incidents involving ((violence or)) sexual violence, including ((sexual harassment, misconduct, and/or assault, victims)) sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, complainants shall have the following additional rights:
(a) To be notified of the availability of counseling, academic support, and general assistance((,)) and support resources, both on campus and in the surrounding community;
(b) ((To request and be granted a "no contact" order against the accused student(s);
(c) To receive written notification of the conduct officer's findings and decision delivered via e-mail to the student's official @students.wwu.edu account, within seven business days of the date of the meeting (or, if multiple meetings are necessary to determine responsibility or multiple individuals are involved and information presented by each is deemed necessary to determine responsibility, within seven business days of the date of the final meeting for the specific incident); and
(d) To request a review of the conduct officer's findings and decision by the appeals board or dean of students, as described in WAC 516-21-280 Basis for review.)) Have past behavior unrelated to the alleged behavior excluded; the conduct officer, appeals board chair, or dean of students will make a final determination regarding such behavior if in question;
(c) To be free from questioning about their sexual history involving anyone other than the respondent;
(d) Submit an oral or written impact statement to the conduct officer, and/or appeals board, and/or dean of students (if applicable), for consideration;
(e) To request an administrative no contact order against the respondent(s) during the conduct process;
(f) To have alternative accommodations to avoid being in the physical presence of the respondent during the conduct process; and
(g) Be free of any form of retaliation. Complainants should report any retaliation that occurs for further action. See POL-U1600.02 Ensuring Equal Opportunity and Prohibiting Discrimination and Retaliation.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-260 Procedures for immediate interim suspension.
In consultation with university officials, the dean of students may suspend a student from the university on an immediate interim basis, pending ((disciplinary or)) criminal proceedings, or a medical evaluation, and/or action through the student conduct process.
(1) An interim suspension may only be imposed ((in the following circumstances:
(a) The student poses a threat to his/her own safety or well-being;
(b) The student poses a threat to the safety or well-being of other members of the university community;
(c) The student poses a threat to university property, is disrupting, or interfering with the normal operations of the university; and
(d) The student is alleged to have committed a serious violation of local, state, or federal law.)) when the dean of students has cause to believe that the student:
(a) Has violated the student conduct code; and
(b) Poses an immediate danger to the safety or security of the university community; and/or
(c) Poses an ongoing threat of serious disruption or interference with the normal operations of the university.
(2) During the interim suspension, a student may be denied access to university activities and privileges, including access to classes, university property, and/or campus residence halls and apartments.
(3) A student suspended from the university on an ((immediate)) interim basis shall be notified in writing of the terms of the interim suspension. The notice, which shall be delivered ((both)) via e-mail to the student's official ((@students.wwu.edu)) university account and ((via certified mail to the student's local address on file)) in person if possible, shall include the ((stated)) alleged violation(s), the circumstances, reasons, and terms of the interim suspension, and the time, date and location of a meeting to discuss the interim suspension ((with the dean of students)).
(4) The interim suspension meeting shall occur no ((less)) fewer than three business days and no more than seven business days from the date that the notification is sent. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon. The purpose of the interim suspension meeting is for the student to have an opportunity to demonstrate ((to the dean of students)) why the terms specified in the interim suspension notice should not continue, or why the suspension should be less restrictive.
(5) Cases of interim suspension are given priority ((and will be expedited)) through the student conduct process. The interim suspension will remain in effect until a final decision has been made on the pending code violation(s) or until the dean of students determines that the reasons for imposing the interim suspension no longer exist or are not supported by available evidence.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-270 Proceedings for violations of the code.
(((1) Any member of the university community may file a complaint against a student or a student organization, alleging a violation of the code. All complaints should be provided in writing to the conduct officer or dean of students and include a statement of the alleged misconduct.
(2) The conduct officer will conduct a preliminary investigation. If, in the conduct officer's judgment, there is insufficient basis to consider a charge, the individual(s) initiating the complaint will be informed. If there is sufficient basis to consider a charge, the conduct officer shall:
(a) Provide the accused student with a written notice of the charge(s), delivered via e-mail to the student's official @students.wwu.edu account. This notice shall include a clear description of the nature and date of the complaint and the specific code section(s) the student is alleged to have violated;
(b) Provide the accused student with a copy of the code as well as information on the availability of procedural advice regarding the code; and
(c) Provide the accused student with written notice to contact the dean of students' office immediately upon receipt of the charge letter to schedule a conduct meeting. This meeting should occur no less than three business days and no more than seven business days from the date that the notification is sent. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon.
(3) During the meeting with the accused student, the conduct officer will determine, based on a preponderance of evidence, whether it is more likely than not that a violation of the code has occurred. If a student fails to meet with the conduct officer after receiving proper notification, a decision on the allegation(s) may be rendered in the student's absence.
(4) Within seven business days of the meeting, the conduct officer shall notify the student in writing of the findings and decision, including any imposed sanctions. This notification will be delivered via e-mail to the student's official @students.wwu.edu account and will include a statement of the student's option for a review of the conduct officer's findings and decision by the appeals board or the dean of students.
(5) If multiple meetings are required to determine responsibility, the findings and decision letter will be sent via e-mail to the student's official @students.wwu.edu account no later than seven business days after the final meeting for the specific incident.
(6) If multiple individuals are involved in the incident and the information presented by each student is deemed necessary to determine responsibility, individual findings and decision letters will be sent via e-mail to the student's official @students.wwu.edu account no later than seven business days after the final meeting for the specific incident.
(7) If both parties agree to mediate a complaint and the conduct officer agrees, mediation may be substituted for a conduct meeting. If mediation is unsuccessful, the original complaint will be considered and decided upon by the conduct officer. Mediation may not be substituted for a conduct meeting in cases involving violence or sexual violence, including sexual harassment, misconduct, or assault.)) (1) Any member of the university community may file a complaint against a student for a violation of the student conduct code. A complaint should be made in writing to the office of student life. Additionally, information received from any source (police report, third party, online, etc.) may be considered a complaint.
(2) After a consideration of the complaint, a conduct officer may take any of the following actions:
(a) Review the complaint, investigate and make a finding whether the code was violated and impose sanction(s);
(b) Terminate the proceeding and enter a finding that there is no violation of the code and/or that the respondent is not responsible for the alleged conduct violation; or
(c) Dismiss the investigation, which may be reopened at a later date if relevant information that was unknown to the conduct officer arises.
(3) In complaints alleging discrimination and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, complaints should be made to Western Washington University's equal opportunity office. An investigation and written report of findings from Western Washington University's equal opportunity office (or their designee) will be provided to the conduct officer in lieu of the conduct officer's investigation. The conduct officer will then consider this report and make a finding as to whether the code was violated and impose sanction(s).
(4) Any student charged by a conduct officer with a violation of the student code is provided at least three days written notice of the student's meeting date, time and location. Any request to extend the time and/or date of the conduct officer meeting should be addressed to the conduct officer. The written notice shall include:
(a) A brief summary of the complaint, including the sections of the code allegedly violated;
(b) The approximate time and place of the alleged behavior that forms the factual basis for the charge of violation;
(c) The time, date, and place of the meeting;
(d) A copy of, or link to, the code.
(5) The respondent and complainant (if applicable) are notified in writing of the determination made by the conduct officer, including the basis for any findings and sanctions. The notice includes information regarding the right to request an appeal.
(6) All notifications under the code are delivered by electronic mail to the students' university e-mail account. Any notifications sent via regular U.S. mail (for instance, to students not currently enrolled) may be sent to the party's last known address or the address on file with the university registrar. Students are responsible for maintaining an updated mailing address on file with the registrar. Deadlines described in the code begin the date the notification is sent via electronic means.
(7) Upon written request to the dean of students office, staff will be available to the respondent and complainant (if applicable) to assist in understanding the student conduct process.
(8) A conduct officer's determinations and findings are made on the basis of a "preponderance of the evidence," that is, whether it is more likely than not that the respondent violated the code.
(9) Evidence is relevant if it tends to make existence of a fact more or less probable. A conduct officer, appeal board chair, or dean of students shall have the discretion to determine admissibility of evidence.
(10) If respondent or complainant (if applicable) to whom notice of a meeting or hearing has been sent does not appear before a conduct officer or appeals board, the complaint may be considered in their absence, and the conduct officer or appeals board may issue a decision based upon that information.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-280 Basis for ((review)) appeal.
(((1) A student found in violation of the code may request a review of the conduct officer's findings and decision by either the appeals board or the dean of students. A review may be requested for the following reasons only:
(a) The original meeting was not conducted in conformity with prescribed procedures;
(b) The conduct officer misinterpreted the code;
(c) The sanctions imposed are disproportionate to the violation(s) committed; and
(d) The decision reached did not properly consider the information presented.
(2) For incidents involving violence or sexual violence, including sexual harassment, misconduct or assault, victims may request a review of the conduct officer's findings and decision by either the appeals board or the dean of students. A review may be requested for the following reasons only:
(a) The original meeting was not conducted in conformity with prescribed procedures;
(b) The conduct officer misinterpreted the code;
(c) The sanctions imposed are disproportionate to the violation(s) committed; and
(d) The decision reached did not properly consider the information presented.
(3) The request for review must be submitted in writing to the dean of students within seven business days of receipt of the conduct officer's written notice of findings and decision (which shall be delivered via e-mail to the student's official @students.wwu.edu account). The request must state, as clearly and concisely as possible, the basis for the review and specify whether the student wishes to have their review considered by the appeals board or the dean of students.
(4) Upon receipt of the written request for review, the dean of students will determine whether the request meets one or more of the criteria specified for reviews of the conduct officer's findings and decision. If it does, the review hearing will be scheduled. If it does not, the party requesting the review will be notified in writing and the request will be denied.
(5) For incidents involving violence or sexual violence, including sexual harassment, misconduct or assault, both the student found in violation of the code and the victim will be notified in writing regarding the outcome of the written request for review.
(6) No sanction will begin while a review is pending, except as provided in WAC 516-21-260, Procedures for immediate interim suspension. Temporary relocation of a student to alternative housing and/or restrictions between affected parties may be enforced during an appeal.)) (1) A student found in violation of the code may appeal the conduct officer's findings and/or the sanctions imposed. For incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, a complainant may also request an appeal. An appeal may be requested for any reason including:
(a) The proceedings were not conducted in conformity with prescribed procedures and significantly impacted the outcome of the student conduct process;
(b) The sanctions imposed are substantially disproportionate to the violation(s) committed;
(c) The decision reached did not properly consider the information presented; and/or
(d) New information becomes available that was unavailable at the time of the original meeting, and could substantially impact the original decision. A summary of this new information and its potential impact must be included. The dean of students or designee may then refer the complaint to the conduct officer for further action as appropriate.
(2) The appeal must be submitted by the respondent or complainant (if applicable) in writing to the dean of students within ten days of the decision. The appeal must state, as clearly and concisely as possible, the reason for the appeal.
(3) Appeals of a finding that resulted, or may have resulted, in suspension or expulsion are considered by an appeals board. All other appeals are considered by the dean of students.
(4) No sanction will begin while an appeal or request for review is pending, except interim sanctions such as administrative no-contact orders, trespass, etc.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-290 ((Review)) Appeal procedures.
(((1) Upon acceptance of a request for review, the dean of students shall notify the student (or, for incidents involving violence or sexual violence, both the student and the victim) in writing of the:
(a) Section(s) of the code the student was found to have violated;
(b) Findings and decision of the conduct officer;
(c) Time, date, and location of the review hearing; and
(d) Location of the code, should they wish to view or download a copy.
(2) The review hearing shall be held no less than three business days and no more than seven 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 the dean of students may proceed with the review, based upon consideration of all available information, or may dismiss the request for review.
(3) During the review hearing:
(a) The chair of the appeals board or dean of students may ask any person with relevant information to speak or provide a written statement regarding the alleged violation.
(b) The student found in violation of the code may ask any person with relevant information to speak or provide a written statement regarding the alleged violation.
(c) The chair of the appeals board or the dean of students may limit or exclude information that is considered to be irrelevant, immaterial, or repetitious.
(d) Five members shall constitute a quorum of the appeals board. Actions by the appeals board require agreement by a majority of members present at the time of the hearing.
(e) Any member of the appeals board that is unable to render an impartial decision in a particular case shall excuse themselves from the appeals board's deliberations in advance and may be replaced by an alternate.
(f) The appeals board or the dean of students may either confirm, reverse, or modify the conduct officer's findings and decision.
(4) New substantive information that was not presented at the time of the original conduct meeting will not be considered during the review. When new substantive information is present prior to or during the review hearing and such evidence could impact the original decision, the allegation(s) will be reheard by the conduct officer.
(5) The chair of the appeals board or the dean of students will render a decision regarding the review within seven business days of the hearing and notify the student (or, for incidents involving violence or sexual violence, both the student and the victim) in writing of their findings and decision. All review decisions are final.)) (1) Appeals can be made by the respondent (or complainant in incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination) and must be made to the dean of students.
(2) The dean of students or their designee reviews the appeal.
(3) Where new information, unavailable at the time of the original meeting, that could substantially impact the original decision, is received, the dean of students or designee may then refer the complaint to the conduct officer for further action as appropriate. The dean of students or their designee may, at their discretion, refer the complaint to a different conduct officer for reconsideration.
(4) In appeals in which the possible or recommended sanction is not expulsion or suspension as determined by the conduct officer, a designee of the dean of students will consider the appeal and hold an informal meeting, giving each party an opportunity to be informed of the conduct officer's view of the matter and to explain their view of the matter.
(5) In appeals in which the possible or recommended sanction is expulsion or suspension as determined by the conduct officer, an appeals board considers the appeal.
(a) The appeals board will provide respondent and complainant (if applicable) with five days' notice of an appeals hearing date, time and location. An appeal by respondent or complainant will be shared with the other party (parties).
(b) The appeals board meets in private and reviews the complaint, the results of the subsequent investigation and its findings, and the conduct officer's decision. The board provides an opportunity for respondent and complainant (if applicable) to share information and the board may call witnesses. The appeals board then deliberates in private.
(c) After any appeal, the respondent and complainant (if applicable) may request that a decision be reviewed by the dean of students. This request for review must be made in writing within ten days of the written outcome of an appeal. The dean of students will review the written documentation only; any involved person (respondent, witnesses, complainant) may be called to meet if necessary and at the discretion of the dean of students.
(d) During limited times during the year, such as break periods and summer quarter, when board members are unavailable, an interim board may be appointed by the dean of students.
(6) Respondent and complainant (if applicable) will be informed of the outcome of reviews and/or appeals simultaneously and in writing within ten days.
(7) If there is no request for appeal received by the dean of students within ten days, the decision of the conduct officer is considered final. If there is no request for review within five days (or ten days of an appeals board decision), the decision is considered final.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-300 Deviations from established procedures.
Deviations from the timelines set forth in this code may be granted by the dean of students, upon request, for good cause. Respondent (and complainant, if applicable) will be informed simultaneously and in writing of extensions and the reason for the extension.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-310 Confidentiality of conduct proceedings and records.
(1) The confidentiality of all conduct proceedings and records will be maintained in compliance with the student records policy, as well as all applicable state and federal laws. Conduct records prepared by ((the)) a conduct officer, the appeals board, and/or the dean of students:
(a) Will be held in the dean of students office for six years, except in cases of suspension, interim suspension, or expulsion, which are permanent records; and
(b) 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, or as required by law or court order.
(2) The conduct officer's findings may be shared with the ((victim)) complainant, as required by law, in cases involving violence or sexual violence, including sexual ((harassment, misconduct or)) assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination. The ((disciplinary)) findings may also be shared with university officials involved in the completion or supervision of the sanction and/or the student. See also chapter 516-26 WAC, Student records.
AMENDATORY SECTION (Amending WSR 12-01-021, filed 12/9/11, effective 1/9/12)
WAC 516-21-340 Revision of the code.
(((1))) The code shall be reviewed every five years or more often, if needed, by the committee on the student ((rights and responsibilities)) conduct code. The committee on student rights and responsibilities shall include((:
(a) Five students, including at least one graduate student. Three students shall be appointed by the associated students board of directors and two shall be appointed by the residence hall association;
(b) One faculty member, appointed by the faculty senate;
(c) One staff member from the division of enrollment and student services, appointed by the dean of students;
(d) One staff member from the department of public safety, appointed by the director of public safety;
(e) One staff member from university residences, appointed by the director of university residences; and
(f) The conduct officer.
(2) Recommendations of the committee on student rights and responsibilities shall be made to the vice-president for enrollment and student services for submission to and consideration by the president's cabinet. Prior to adoption of the code, all proposed modifications shall be reviewed by the office of the assistant attorney general at Western Washington University for consistency with university policies and the law. Final authority for changes to the code rests with the Western Washington University board of trustees)) students, faculty, and staff. Once recommendations are complete, they will be forwarded to the vice-president for enrollment and student services. See also POL-U1000.11 Developing and Maintaining University Provisions of the Washington Administrative Code.
REPEALER
The following section of the Washington Administrative Code is repealed:
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