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PDFWAC 172-121-140

Interim restriction.

In situations where there is cause to believe that a student or a student organization poses an immediate danger to the health, safety, or welfare of themselves, the university community, or property of the university community, the dean of students may take immediate action(s) against the student or student organization without prior notice or hearing.
Simultaneous with such action(s), the dean of students will refer the allegations to the conduct review officer, who will process such allegations in accordance with the provisions of this student conduct code.
Interim restriction is subject to the following:
(1) Interim restriction actions may only be imposed in the following situations:
(a) When a student or student organization poses an immediate threat to:
(i) The health, safety or welfare of any part of the university community or public at large;
(ii) The student's own physical safety and well-being; or
(iii) Any property of the university community; or
(b) When it is believed that the student's or student organization's continued attendance or presence may cause disorder, substantially interfere with or impede the lawful activities of others, or imperil the physical or mental health and safety of members of the university community.
(2) During the interim restriction period, a student may be restricted by any or all of the following means:
(a) Denial of access including, but not limited to: Assignment to alternate university housing or removal from university housing, limitation of access to university facilities, or restriction of communication with specific individuals or groups;
(b) Interim suspension, including temporary total removal from the university or restriction of access to campus;
(c) Mandatory medical/psychological assessment of the student's capability to remain in the university.
(3) The dean of students will determine what restriction(s) will be placed on a student.
(4) The dean of students will prepare a brief memorandum for record containing the reasons for the interim restriction. The dean of students will serve the memorandum on the restricted student and notify all other persons or offices bound by it. At a minimum, the memorandum will state:
(a) The alleged act(s) or behavior(s) of the student or student organization which prompted the interim restriction;
(b) How those alleged act(s) or behavior(s) constitute a violation of the student conduct code;
(c) How the circumstances of the case necessitated the interim restriction action(s); and
(d) The date, time, and location for an emergency appeal hearing with the vice president for student affairs.
(5) In cases alleging sexual misconduct, the complainant will be provided with notice of any interim restrictions that relate directly to the complainant.
(6) Emergency appeal hearing.
(a) If a student has been suspended on an interim basis, the student will automatically receive an emergency appeal hearing with the vice president for student affairs, or designee, within ten business days after the interim suspension is served. If the interim restriction is something less than a suspension, the student or student organization subject to the interim restriction must file a written appeal with the vice president for student affairs within ten business days after service of the interim restriction.
(b) The vice president for student affairs, or designee, will conduct an emergency appeals hearing with the student or student organization subject to the interim restriction. The student may appear at the hearing telephonically and may be represented by counsel.
(c) In cases alleging sexual misconduct, if an interim restriction is imposed, the student, the student organization, and the complainant may appeal the interim restriction using the process outlined in this subsection. Also, in such cases, if an appeal is filed, all parties shall be given notice of the appeal and shall be provided the opportunity to participate in the appeal proceeding.
(d) The vice president for student affairs may have the dean of students or any other person deemed relevant attend the meeting. The respondent and the complainant, if he/she has the right to be present under (b) of this subsection, may have an advisor present at the meeting.
(e) During the emergency appeal hearing, the vice president for student affairs will review available materials and statements. After the meeting, the vice president for student affairs may uphold, modify, or terminate the interim restriction action.
(f) The interim restriction does not replace the regular hearing process, which will proceed as quickly as feasible consistent with this chapter.
(g) Duration. An interim restriction will remain in effect until terminated, in writing, by the student disciplinary council, CRO, or the vice president for student affairs.
[Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-140, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-140, filed 8/9/17, effective 9/9/17; WSR 15-24-050, § 172-121-140, filed 11/23/15, effective 12/24/15; WSR 13-24-123, § 172-121-140, filed 12/4/13, effective 1/4/14; WSR 09-12-001, § 172-121-140, filed 5/20/09, effective 6/20/09.]
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