Standards of Conduct for Students 2008-2009 Office of Student Conduct Welcome Students, The Office of Student Conduct welcomes you whether you are new to Washington State University or a returning student; we are delighted that you have chosen WSU. We want you to have the time of your life; to open your mind to the diversity of the world; to develop critical thinking and leadership skills; to test your physical and mental endurance; and to contribute to the well-being of our community in ways that will make you a good citizen for the rest of your life. You will have many options for activities outside the classroom and we urge you to choose wisely. Decisions you make can have a significant impact on your academics and your life. This booklet contains valuable information that will help you understand university standards and expectations as well as your rights and responsibilities as a member of the community. Please take the time to carefully read the information contained in this booklet. You can also refer to our Web site, www.conduct.wsu.edu, for additional information, referrals, and online reporting forms. Feel free to contact the office if you have questions or concerns. We can be reached by phone at 335-4532, through e-mail at student_ email@example.com, or in person at 190 Lighty Student Services. Have a good year! Elaine Voss Director, Student Conduct 190 Lighty Student Services Building, PO Box 641062, Pullman, WA 99164-1062 509-335-4532 • Fax: 509-335-4814 • firstname.lastname@example.org • www.conduct.wsu.edu CONTENTS Notification of Student Rights Under FERPA ...................................... 2 Academic Integrity............................................................................ 3 Freedom of Expression ...................................................................... 4 Computing and Network Use ........................................................... 4 Alcohol and Drug Policy ................................................................... 5 Sexual Harassment............................................................................ 7 Sexual Assault Risk Reduction Strategies ............................................ 8 Standards of Conduct for Students ................................................. 10 Reporting Concerns or Complaints .......................... Inside Back Cover 1 STUDENT RIGHTS UNDER FERPA Notification of Student Rights Under FERPA F ederal law requires Washington State University (WSU) to annually notify cur- rent students of their rights under the Family student seeks or intends to enroll at the other institution and the institution has requested the records. Information from a student’s edu- Educational Rights and Privacy Act (FERPA). cation records may be released to appropriate Under FERPA, a student has the right to: persons in connection with a health or safety 1. Inspect and review his or her educa- emergency. tional records. “Education records” means 4. File with the Department of Edu- those records that are directly related to a cation a complaint concerning alleged student and are maintained by WSU or by a failures by WSU to comply with the party acting for WSU. The students should requirements of FERPA. Complaints should submit a written request to the Registrar’s be addressed to the Family Policy Compli- Office identifying the record that he/she ance Office, U.S. Department of Education, wishes to inspect. The Registrar’s Office will 400 Maryland Avenue SW, Washington DC, make arrangements for access and notify 20202-5920. the student of the time and place where the DIRECTORY INFORMATION: Wash- records may be inspected. If the records are ington State University may release direc- not maintained by the Registrar’s Office, the tory information contained in a student’s student’s request will be forwarded to the cor- education records. “Directory Information” rect WSU official. means information contained in an education 2. Request the amendment of the record that would not generally be considered contents of an education record that the harmful or an invasion of privacy if disclosed. student considers to be inaccurate, mis- Directory information includes the following: leading, or otherwise in violation of the name (including any former name), local and student’s privacy or other rights. A student permanent addresses, telephone numbers, should notify (in writing) the WSU official e-mail addresses, major and minor fields of responsible for the record, clearly identifying study, participation in officially recognized the part of the record he/she wants changed, sports, weight and height of members of ath- and specifying why it is inaccurate or mislead- letic teams, dates of attendance, enrollment ing. If the University decides not to amend status (e.g., undergraduate or graduate, full- the record as requested by the student, the time or part-time), grade level, degrees, cer- University will notify the student within a tificates, and awards received, including the reasonable time of the decision and advise President’s Honor Roll, and the most recent the student of his or her right to a hearing previous educational institution attended by regarding the challenged record. Additional the student. Students may request that WSU information about hearing procedures will be not release directory information by indicat- provided to the student at that time. ing “restrict address” on MyWSU Portal’s 3. Consent to disclosures of personally address update screen, or by filing a written identifiable information contained in the request with the Registrar’s Office by the tenth student’s education records, except to the day of the academic semester. extent that FERPA authorizes disclosure NOTE: If a student files a directory restric- without consent. Education records may be tion at WSU, his or her name, address, phone disclosed to school officials with a legitimate number, and e-mail address will not be published educational interest. A school official is a in the campus directory. In addition, WSU will person employed by WSU in an administra- not release the student’s name in any WSU tive, supervisory, academic or research, or press releases, including President’s Honor Roll support staff position (including health staff notification to hometown newspapers. For more and WSU police); a person or company with information on directory restrictions, please con- whom the University has contracted (such tact the Registrar’s Office, French Administration as an attorney, auditor, or collection agent); Building, Room 346. a person serving on the Board of Trustees; or Additional Resources on FERPA. The a student serving on an official committee Department of Education has provided some (such as a disciplinary or grievance commit- useful information for schools, students, and tee), or assisting another school official in parents regarding privacy laws and school safety. performing his or her tasks. A school official Please read the brochure at registrar.wsu.edu/ has a legitimate educational interest if the Registrar/Content/FERPA-Colleges_and_ official needs to review an education record Universities.pdf for more infomation. Also, in order to fulfill his or her educational additional information for parents regarding responsibilities. WSU may disclose a student’s FERPA may be found at the Department of education records to other institutions if the Education Web site. 2 The Crime Awareness and Campus Security crimes must be provided to students, faculty, and Act of 1990 requires all postsecondary institu- prospective students. The Department of Public tions participating in federal student aid programs Safety at WSU publishes an annual disclosure to disclose campus security policies and certain report. Please visit www.wsu.edu/safety for more AcADEmIc INTEGRITy crime statistics. Yearly statistics on campus information. Academic Integrity A cademic dishonesty is defined as an intentional act of deception in which a student seeks to claim credit for the work or violations as well as information about how to appeal an allegation of dishonesty. In addition to the penalty assigned by the effort of another person or uses unauthor- instructor, students will be required to ized materials or fabricated information attend a workshop for first time violations. in any academic work. Be aware of all the Further violations will be referred to the definitions of dishonesty in academic work University Conduct Board and can have sig- WAC 504-26-010(3). nificant consequences, including dismissal Procedures new in 2007–2008 require from the university. See WAC 504-26-404 instructors to inform students of suspected for complete information. 3 Freedom of Expression FREEDom oF ExPRESSIoN W ashington State University values freedom of expression. The university environment is a vibrant community where State University Police Department, 509- 335-8548, for concerns about public safety. It is important that students allow other ideas are debated and expression is encour- groups within the University community aged as a way for students to learn about, to air their views peacefully without fear examine, and solidify social or political of retaliation or retribution. Students who positions. With freedom comes responsibil- do not agree with protesting groups should ity. Students are encouraged to carefully allow the Washington State University plan protests, exhibits, or speeches so that Police to assess the nature of the protest any message is conveyed as intended. and make decisions accordingly. For your Students and student groups may contact own safety, students should not take it upon Campus Involvement, 509-335-9667, for themselves to ‘police’ any demonstration, information about use of the Terrell Mall protest, or civil disturbance. or technical assistance and the Washington comPUTING AND NETwoRk USE Computing and Network Use S tudents at WSU are provided with central computing and networking resources for academic and communication purposes. University’s computing and networking sys- tems is strictly forbidden. Improper use can result in possible referral for conduct code Legitimate use of computers, networks, and violation(s). The following guidelines are facilities include: intended to clarify appropriate use of WSU • Teaching and learning computing and networking resources and facilities. It is your responsibility to know • Research the rules. Specifically, users should be famil- • E-mail iar with and compliant with the following • Accessing the Internet Web sites before using WSU computing and networking resources and facilities. Use of WSU computing and networking For additional information, please visit resources and facilities for academic pur- infotech.wsu.edu/ITRoot/policies/ poses is a privilege for students. Abuse of the computeruse.html. 4 Alcohol and Drug Policy AlcoHol AND DRUG PolIcy University’s Expectation for Use of Use of alcoholic beverages in residence Alcohol halls and all To maintain a healthy University envi- recognized group living areas: ronment conducive to academic achieve- • All students recognize that their presence ment and personal growth, students are during an alcohol/drug violation subjects expected to conduct themselves in a respon- them to disciplinary action. If students sible manner. Those of legal age who choose find themselves in a situation where alco- to drink alcoholic beverages are expected hol/drug policy violations are occurring to do so responsibly and according to the they should immediately leave. policies of their living environment (i.e., residence halls, Greek residences, campus • Students of legal drinking age and their apartments, etc.). Students under the age of legal aged guest(s) may possess and 21 years are prohibited by law and univer- consume alcohol in the privacy of their sity standards from possessing or consum- own room. The door to the room must ing alcoholic beverages. Campus and local be closed at all times. police will enforce the law, and the Office • Alcohol is prohibited in restrooms, of Student Conduct will follow procedures corridors, study rooms, lounges, or any outlined in Standards of Conduct for other public areas inside or outside the Students (WAC 504-26) when findings of building. violations occur. • Kegs or bulk alcoholic beverages are The Office of Student Conduct gener- prohibited. ally uses progressive discipline and will assign sanctions commensurate with the • Students are expected to respect the “No violation (see WAC 504-26-405 for possible Alcohol” policy on floors/living groups sanctions). While the goal of sanction- and/or designated residence halls. ing is in part educational, students who • Alcohol is prohibited in sorority participate in drug or alcohol offenses or houses. Exceptions for personal use engage in behavior that poses a safety risk by legal age members or guests in the to themselves or the community may face private areas of any fraternity are gov- suspension or expulsion. Furthermore, erned by each chapter. proven instances of past misconduct shall be considered when assessing the appro- Greek Community Alcohol Policy/ priate sanction imposed upon a student Social Policy determined to have violated WSU conduct Fraternities and sororities must comply standards. with Interfraternity Council and Panhel- lenic social policies and procedures outlined Alcohol Responsibility in for social functions. Fraternities and sorori- University-Recognized Housing ties are required to be in compliance with The consumption of intoxicating bever- their national or international regulations ages by minors or providing such beverages regarding alcohol consumption. to minors within WSU recognized housing All social events on chapter property is prohibited. Conduct proceedings will be must be alcohol free. No alcohol may be initiated against individuals and/or groups consumed on chapter property during the who do not comply with this policy. time of an event/function. The definitions Irresponsible behavior that results from in the Fraternal Organization Agreement the consumption of alcoholic beverages is will apply in determining if a chapter is considered to be an infraction of the rules having a function. of recognized University housing and orga- Alcohol consumption on chapter prop- nized living groups (residence halls, fraterni- erty is prohibited by students under the ties, sororities, and other group houses). Stu- legal drinking age and is restricted to the dents whose behavior is a problem for the private rooms of students 21 years of age community should expect to be confronted or older. by residents, staff, and University or Pull- Alcohol consumption is prohibited man police. Repeat offenders or situations entirely during ANY social event on chapter where the health and safety of the commu- property. All off-property social functions nity are at risk may result in students being where alcohol is present require a third- removed from recognized University hous- party vendor to serve alcohol, provide ing or living groups. These situations would security, and verify legal age. The definitions also result in disciplinary action through the within the Fraternal Organization Agree- Student Conduct process. ment will apply in determining whether 5 an off-property event is a chapter social a. Beer, wine, and distilled spirits function. sales will begin no earlier than All event co-sponsors will be held three hours prior to kickoff, and equally responsible for policy compliance. there will be no sale of alcohol The social policy will remain in effect duing or after the game. throughout the calendar year, including b. Identification will be checked breaks and summer for chapter houses while for everyone purchasing alcohol occupied by chapter members. in the Fieldhouse and these For a complete listing of sanctions and individuals will be issued a wrist enforcement guidelines please visit the Web band. sites for the Center for Fraternity and Sorority Noncompliance with this policy may Life or the Office of Student Conduct. result in disciplinary action by the Office of www.gogreek.wsu.edu Student Conduct. www.conduct.wsu.edu University and Community Alcohol and Guests Substances Abuse Resources Individuals residing in recognized University and community resources are University housing are responsible for the available to assist students with any prob- behavior of their guests. In cases where the lems associated with alcohol and substance guests of residents become unruly or violate abuse. These services include information, University and organized living group poli- assessment, treatment, and referral. cies, the resident host will be held account- able. University or Pullman police may be University Resources utilized in the confrontation of guests and • WSU Counseling Services, 280 Lighty other nonresidents who are disruptive or Student Services Building, 509-335-4511. otherwise in violation of University policies. Information, assessment, treatment, and Alcohol Beverages at Concerts or referral. Athletic Events • WSU Health and Wellness Services, Consumption or possession of alcohol Washington Building, First Floor, 509- in public areas of any University-owned or 335-3575. Information, assessment, controlled property is prohibited except detoxification, treatment, and referral. when those who are 21 years of age or older Community Resources are participating in a sponsored event for • Palouse River Counseling which there is an alcohol license or banquet NE 340 Maple, Pullman, WA, 866-871- permit. Serving alcohol at University events 6385 or 509-334-1133. Information, is governed by the following policies: assessment, treatment. 1. When WSU events are held at private venues, individuals may purchase • Palouse Recovery Center spirits from private vendors. 1240 SE Bishop Blvd., Pullman, WA, 2. When private parties rent WSU facili- 509-334-0718 Information, assessment, ties including those in the Compton treatment. Union Building, beer, wine, and Private Practitioners and Private Agencies distilled spirits may be served in • Several private practitioners and agencies accordance with state law. are available in the area and are listed in 3. On football game days, the following the yellow pages. policies will be followed: 6 Sexual Harassment SExUAl HARASSmENT S exual harassment does occur on college campuses. The Center for Human Rights (CHR) has been designated by WSU admin- the behavior needs to stop. At any time, you are encouraged to speak with your supervi- sor or the Center of Human Rights (CHR). istration to investigate allegations of sexual A. Speak with the Alleged Harasser harassment. CHR is located in 225 French • Give yourself time to collect your Administration Building on the Pullman thoughts and calm down. campus, and their information can be found • Write down your thoughts before at www.chr.wsu.edu. approaching the individual. The following information can be found in • Consider asking another person to “Sexual Harassment Awareness and Preven- accompany you or tell someone tion,” a brochure developed by the Center for what you are going to do. Human Rights. • Use common courtesy; be sure Sexual harassment is a form of sex dis- your approach is not disrespectful. crimination, which violates Title VII of the • Stay focused on the behavior and Civil Rights Act of 1964. WSU’s Discrimina- its impact. tion and Sexual Harassment Policy and state • Tell the person to stop, that the and federal laws prohibit sexual harassment. behavior is unwelcome, and that Sexual harassment is any unwelcome if it continues you will take the sexual advance, request for sexual favor, or action necessary to get it stopped. other verbal or physical conduct in which: B. Keep Records 1. Submission to such conduct is either • Include the date, time, location, explicitly or implicitly a term or con- what happened, what was said, dition of an individual’s employment how you felt, and the names of or education. witnesses or other victims. 2. Submission to or rejection of such C. Write a Letter conduct by an individual is used as a • Always keep a copy of the letter for basis for employment or educational your records and for your supervisor. bias toward the individual. • Include in the letter: 3. Such conduct has the purpose of − A factual account of the unwel- unreasonably interfering with an come behavior. individual’s work or educational per- − Dates and times the behavior formance or creating an intimidating, occurred. hostile, or offensive environment. − A description of how the unwel- Sexual harassment can occur in a variety come behavior made you feel. of circumstances: − A clear message that you want • The victim, as well as the harasser, may the behavior to stop. be a woman or a man. The victim does − A warning that you will take not have to be of the opposite sex. further action if the behavior does not stop. • The harasser can be the victim’s supervi- − Your signature and date. sor, an agent of the employer, a supervi- • Consider having someone go with sor in another area, a co-worker, or a you to deliver the letter. non-employee. If you are the Alleged Harasser: • The victim does not have to be the • Review WSU’s Discrimination and person harassed but could be anyone Sexual Harassment Policy. You affected by the offensive conduct. may wish to seek legal counsel • Unlawful sexual harassment may occur or assistance to understand your without economic injury to or discharge rights. of the victim. • Take the complaint seriously. • Stop the behavior immediately. • The harasser’s conduct must be unwel- • Consider an apology. come. • Contact both your supervisor and If you are the Victim of Sexual the alleged victim’s supervisor. Let Harassment: them know the behavior will stop. Review WSU’s Discrimination and Sexual • Consider asking the alleged vic- Harassment Policy. Consider using a self- tim’s supervisor for advice and to help method of resolution if the behavior accompany you to talk with the was minor. This lets the harasser know alleged victim or to intervene on directly, immediately, and specifically what your behalf. behavior makes you uncomfortable and that 7 SExUAl ASSAUlT RISk REDUcTIoN STRATEGIES • Talk to the alleged victim and • If a complaint has been filed, be discuss how you can communicate prepared to cooperate with the inves- more effectively. tigation. Sexual Assault Risk Reduction Strategies T he University’s first concern in sexual assault cases is for your health and safety and not your behavior or living group affili- 7. at all unsure, immediately return to the group. If you have been drinking, never ation. If you or someone you know has been attempt to drive home or get in a car sexually assaulted, refer to the telephone with someone who has been drinking, numbers in the back of this booklet for no matter how sober they claim to be. assistance and advocacy support. Informa- 8. If you are intoxicated stay with same tion can also be found online at www. sex friends or go to your own apart- sexualassault.wsu.edu. ment or residence hall. Arrange a ride Sexual assault is a very serious and life with a trusted same-sex friend, call changing event that occurs all too often Women’s Transit (509-335-6830), or on college campuses. The Office of Student call a taxi—a reasonable investment Conduct suggests both men and women for your safety. consider the following information: 9. While it is difficult, think about these 1. Nearly 85% of all sexual assaults scenarios and be prepared. What if the involving college students are person you are with starts pressur- between people who know each other. ing you to remove clothing? What if 2. If you choose to drink alcohol, be they were nice to you, until you told responsible. Getting drunk and pass- them you weren’t interested in having ing out means you have no control sex? Strong and immediate vocal and over what happens to you. physical resistance has been shown 3. Excessive drinking is risky for every- to reduce the likelihood of completed one and you are strongly encouraged sexual assaults. to avoid playing drinking games. 10. The more you know about these issues Even if you remain in control of your the more likely you are to accurately mental faculties, others around you perceive your risk in any given envi- may use their consumption of alcohol ronment. The University has several as an excuse to take advantage of you. resources to help you explore the 4. Alcohol is the number one drug issues of power, bias, safety, and risk. used in incidences of sexual assault. Contact Counseling Services at 509- Regardless of this fact, there are 335-4511 or the Women’s Resource people who will try to add a drug like Center at 509-335-6849 for more GHB or other chemicals to your drink information. in an attempt to further control your resistance. Be aware of who opens Men, think about the following—no one your drink and where the drink comes wants to be accused of sexual assault. from. Do not drink from a common 1. If you are unsure of what a woman punch bowl! wants, ask her. Discussing mutual 5. Develop a language for touching and expectations and clarifying any mixed being touched. Verbal permission messages are effective ways of elimi- to touch another person, including nating confusion and greatly reducing holding hands or kissing, should be the risk of being accused of sexual clearly established before any actual assault. touching. This is an important issue of 2. Understand “no” means “no.” Make respect and women’s voices are a nec- sure there is verbal communication essary part of the permission process. about what each of you want to 6. When attending a party, remain with happen. the group. Movement from a popu- 3. Never pressure a woman to have sex. lated place to a secluded place (behind It is never okay to use force or coer- closed doors, in a vehicle, etc.) cion. A woman’s physical appearance increases your reliance on the good or her willingness to go to your apart- will of the person you are with. Even ment is not a signal of willingness to if you know the person well, look for have sex. Be sure you ask her what she signs and verbal cues to determine would like to do. their intent for being alone. If you are 8 4. Avoid excessive use of alcohol or drugs. Never have sex with a woman Campus Safety Tips from the who is intoxicated. By law an intoxi- WSU Public Safety Office cated person is incapable of providing consent. 1. Develop a relationship with neighbors 5. Understand how sexual stereotypes that encourages checking on one influence attitudes and behaviors. another often. Stand up to peer pressure to have 2. Report suspicious persons or activities. sexual intercourse. Learn ways to 3. Lock up wallets, purses, jewelry, and express feelings and confront peers other valuables. who joke or brag about sexual 4. Report safety hazards, unsafe lighting, encounters. and defective equipment. 5. Be aware of your surroundings. Know If you are a male sexual assault survivor: where you are. Know where you are Male sexual assault survivors may going and what to expect. feel powerlessness, fearful, and self- 6. Consider the purchase of a personal blame. Males may have questions security alarm. about medical procedures, report- 7. Plan your walking trips in advance ing to law enforcement, and finding and choose a safe, well lighted, and resources and support. Crisis centers, populated route. law enforcement agencies, counsel- 8. Remember, most crime is committed ing centers, and medical facilities can in response to the opportunity, so the help you explore your options. best prevention is to eliminate oppor- *Adapted from University of Idaho tunities. Violence Prevention Programs and the 9. Keep your residence doors locked at Washington State University Women’s all times. Resource Center. 10. Limit and restrict access to your living area. 9 Washington State University Standards of Conduct for Students STANDARDS oF coNDUcT wAc 504-26-001 Preamble. (c) Acquisition or possession of tests Washington State University, a com- or other academic material belong- munity dedicated to the advancement of ing to a member of the university knowledge, expects all students to behave in faculty or staff when acquired a manner consistent with its high standards without the permission of the of scholarship and conduct. Students are university faculty or staff member. expected to uphold these standards both (d) Fabrication, which is the inten- on and off campus and acknowledge the tional invention or counterfeiting University’s authority to take disciplinary of information in the course of action. The purpose of these standards and an academic activity. Fabrication processes is to educate students and protect includes, but is not limited to: the welfare of the community. (i) Counterfeiting data, research results, information, or proce- wAc 504-26-005 Good Standing. dures with inadequate founda- The award of a degree is conditioned tion in fact; upon the student’s good standing in the (ii) Counterfeiting a record of university and satisfaction of all university internship or practicum experi- graduation requirements. “Good standing” ences; means the student has resolved any unpaid (iii) Submitting a false excuse for fees or acts of academic or behavioral absence or tardiness or a false misconduct and complied with all sanctions explanation for failing to imposed as a result of any misconduct. The complete a class requirement or university shall deny award of a degree if scheduled examination at the the student is dismissed from the university appointed date and time. based on his or her misconduct. (See also (e) Engaging in any behavior for rule 45 in the university general catalog.) the purpose of gaining an unfair advantage specifically prohibited wAc 504-26-010 Definitions. by a faculty member in the course (1) The term “accused student” means syllabus or class discussion. any student accused of violating the (f) Scientific misconduct: falsification, standards of conduct for students (this fabrication, plagiarism, or other chapter). forms of dishonesty in scientific (2) The term “appellate board” means and scholarly research are prohib- any person or persons authorized by ited. Complaints and inquiries the vice president for student affairs involving cases of scientific mis- to consider an appeal from a student conduct are managed according to conduct board’s determination as to the University’s policy for respond- whether a student has violated the ing to allegations of scientific standards of conduct for students or misconduct. A finding of scientific from the sanctions imposed by the misconduct is subject to sanctions student conduct officer. by the Office of Student Conduct. (3) The term “cheating” includes, but is The policy for responding to alle- not limited to: gations of scientific misconduct (a) Use of unauthorized materials in may be reviewed by contacting the taking quizzes, tests, or exami- vice provost for research. nations, or giving or receiving (g) Unauthorized collaboration on unauthorized assistance by any assignments. means, including talking, copying (h) Intentionally obtaining unauthor- information from another student, ized knowledge of examination using electronic devices, or taking materials. an examination for another stu- (i) Plagiarism: presenting the informa- dent. tion, ideas, or phrasing of another (b) Use of sources beyond those person as the student’s own work authorized by the instructor in without proper acknowledg- writing papers, preparing reports, ment of the source. This includes solving problems, or carrying out submitting a commercially other assignments. prepared paper or research project or submitting for academic credit 10 any work done by someone else. undergraduate, graduate, or profes- The term “plagiarism” includes, sional studies. Persons who withdraw but is not limited to, the use, by after allegedly violating the standards paraphrase or direct quotation, of of conduct for students, who are not the published or unpublished work officially enrolled for a particular term of another person without full but who have a continuing relation- and clear acknowledgment. It also ship with the university (including includes the unacknowledged use suspended students), or who have of materials prepared by another been notified of their acceptance for person or agency engaged in the admission are considered “students” selling of term papers or other as are persons who are living in uni- academic materials. versity residence halls, although not (j) Unauthorized multiple submission enrolled in this institution. of the same work. (13) The term “student conduct officer” (k) Sabotage of others’ work. means a university official authorized (l) Tampering with or falsifying by the vice president for student records. affairs to manage conduct complaints (4) The term “complainant” means any including the imposition of sanctions person who submits a charge alleging upon any student(s) found to have that a student violated the standards violated the standards of conduct for of conduct for students. students. (5) The term “faculty member,” for (14) The term “university” means all loca- purposes of this chapter, means any tions of Washington State University. person hired by the University to (15) The term “university conduct board” conduct classroom or teaching activi- means those persons who, collec- ties or who is otherwise considered by tively, have been authorized by the the University to be a member of its vice president for student affairs to faculty. determine whether a student has (6) The term “gender identity” means violated the standards of conduct having or being perceived as having a for students and to impose sanctions gender identity, self-image, appear- when a rules violation has been com- ance, behavior, or expression, whether mitted. or not that gender identity, self-image, (16) The term “academic integrity hearing appearance, behavior, or expression board” means those teaching faculty is different from that traditionally who, collectively, have been autho- associated with the sex assigned to the rized by the university or college to person at birth. review an instructor’s determination (7) The term “may” is used in the permis- that a student violated university aca- sive sense. demic integrity policies and whether (8) The term “member of the university or not the outcome proposed by community” includes any person the instructor is in keeping with the who is a student, faculty member, instructor’s published policies. university official, or any other (17) The term “university official” includes person employed by the university. A any person employed by the univer- person’s status in a particular situation sity, performing assigned administra- is determined by the vice president for tive or professional responsibilities. student affairs. (18) The term “university premises” (9) The term “organization” means any includes all land, buildings, facilities, number of persons who have com- and other property in the possession plied with the formal requirements for of or owned, used, or controlled by university recognition. the university (including adjacent (10) The term “policy” means the written streets and sidewalks). regulations of the university as found (19) The vice president for student affairs in, but not limited to, the standards is the person designated by the uni- of conduct for students, residence life versity president to be responsible for handbook, the university Web page the administration of the standards of and computer use policy, and gradu- conduct for students. ate/undergraduate catalogs. (11) The term “shall” is used in the imperative sense. (12) The term “student” includes all per- sons taking courses at the university, either full-time or part-time, pursuing 11 ARTICLE I a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during AUTHoRITy FoR STANDARDS oF periods between terms of actual enrollment. coNDUcT FoR STUDENTS These standards shall apply to a student’s conduct even if the student withdraws wAc 504-26-100 composition of conduct and from school while a disciplinary matter is appellate boards. pending. The university has sole discretion (1) The university conduct board shall to determine what conduct occurring off be composed of five individuals campus adversely impacts the university appointed by the vice president for community and/or the pursuit of university student affairs: two students, two fac- objectives. ulty members, and a fifth person, who wAc 504-26-201 misconduct—Rules and may be any category of university regulations. employee and who shall be named by the vice president for student affairs Any student or student organization as the chairperson of the board. Any found to have committed, assisted, con- three persons constitute a quorum spired, or attempted to commit the follow- of a conduct board and may act, ing misconduct (WAC 504-26-202 through provided that at least one student and 504-26-226) is subject to the disciplinary the chairperson are present. sanctions outlined in WAC 504-26-405. (2) The appeals board shall be com- wAc 504-26-202 Acts of dishonesty. posed of three university employees appointed by the vice president for Acts of dishonesty include but are not student affairs. Three persons consti- limited to those listed in this chapter: tute a quorum of the appeals board. (1) Academic integrity violations includ- ing, but not limited to, cheating as wAc 504-26-101 convening boards. defined in WAC 504-26-010. The student conduct officer convenes (2) Knowingly furnishing false informa- boards for each conduct matter and for tion to any university official, faculty appeals of decisions. member, or office. (3) Forgery, alteration, or misuse of any wAc 504-26-102 Policies. university document or record, or The vice president for student affairs instrument of identification whether or designee shall develop policies for the issued by the university or other state administration of the student conduct or federal agency. system and procedural rules for the conduct wAc 504-26-203 Disruption or obstruction. of student conduct board hearings that are consistent with provisions of the standards Students have the right to freedom of of conduct for students. speech, including the right to dissent or protest, but this expression may not inter- wAc 504-26-103 Decisions. fere with the rights of others or disrupt the Decisions made by a student conduct university’s activities. Prohibited behavior board and/or student conduct officer includes: disruption or obstruction of teach- become final twenty-one days after the date ing, research, administration, disciplinary the decision is signed, unless an appeal is proceedings, other university activities, filed prior to that date. including its public service functions on or off campus, or of other authorized non-uni- ARTICLE II versity activities when the conduct occurs on university premises or is directed toward community members by any means includ- PRoScRIBED coNDUcT ing use of telephone, computer, or some wAc 504-26-200 Jurisdiction of the university other medium. standards of conduct for students. wAc 504-26-204 Abuse of self or others. The university standards of conduct Physical abuse, threats, intimidation, for students shall apply to conduct that and/or other conduct which threatens occurs on university premises, at university or endangers the health or safety of any sponsored activities, and to off-campus person, including one’s self. conduct that adversely affects the university wAc 504-26-205 Theft or damage to property. community and/or the pursuit of its objec- tives. Each student is responsible for his/ Theft of and/or the intentional or reck- her conduct from the time of application for less damage to the property of another. admission through the actual awarding of 12 wAc 504-26-206 Hazing. knowingly permits hazing by (1) No student or student organization its members or others subject to at Washington State University may its direction or control shall be conspire to engage in hazing or deprived of any official recogni- participate in hazing of another. tion or approval granted by the (a) Hazing includes any activity university. expected of someone joining a wAc 504-26-207 Failure to comply with group (or maintaining full status university officials or law enforcement officers. in a group) that causes or is likely to cause a risk of mental, emo- Failure to comply with lawful directions tional, and/or physical harm, of university officials and/or law enforce- regardless of the person’s willing- ment officers acting in performance of their ness to participate. duties and/or failure to identify oneself to (b) Hazing activities may include but these persons when requested to do so. are not limited to the follow- wAc 504-26-208 Unauthorized keys or ing: abuse of alcohol during new unauthorized entry. member activities, striking another person whether by use of any Unauthorized possession, duplication, or object or one’s body, creation of use of keys, including cards or alphanumeric excessive fatigue, physical and/or pass-codes, to any university premises or psychological shock, morally unauthorized entry to or use of university degrading or humiliating games premises. or activities that create a risk of wAc 504-26-209 Violation of university policy, bodily, emotional, or mental rule, or regulation. harm. (c) Hazing does not include practice, Violation of any university policy, rule, training, conditioning, and eligi- or regulation published in hard copy or bility requirements for customary available electronically on the university athletic events such as intramural Web site. or club sports and NCAA athlet- wAc 504-26-210 Violation of law. ics, or other similar contests or competitions, but gratuitous Conduct which would consititute viola- hazing activities occurring as part tion of any federal, state, or local law. of such customary athletic event wAc 504-26-211 Drugs and drug or contest are prohibited. paraphernalia. (2) Washington state law also prohibits hazing, which may subject violators Use, possession, manufacture, or dis- to criminal prosecution. As used in tribution of marijuana, narcotics, or other RCW 28B.10.901 and 28B.10.902, controlled substances, and drug parapherna- “hazing” includes any method of lia except as permitted by federal, state, and initiation into a student organization local law. or living group, or any pastime or wAc 504-26-212 Alcohol. amusement engaged in with respect to such an organization or living Use, possession, manufacture, or dis- group that causes, or is likely to cause, tribution of alcoholic beverages (except as bodily danger or physical harm, or expressly permitted by university regula- serious mental or emotional harm, to tions), or public intoxication are prohib- any student or other person attend- ited. Alcoholic beverages may not, in any ing a public or private institution of circumstance, be used by, possessed by, or higher education or other postsecond- distributed to any person under 21 years of ary education institution in this state. age. (3) Washington state law (RCW wAc 504-26-213 Firearms and dangerous 28B.10.901) also provides sanctions weapons. for hazing: (a) Any person who violates this rule, No student may carry, possess, or use in addition to other sanctions any firearm, explosive (including fireworks), that may be imposed, shall forfeit dangerous chemical, or any danger- any entitlement to state-funded ous weapon on university property or in grants, scholarships, or awards for university-approved housing. Airsoft guns a period of time determined by the and other items that shoot projectiles are university. not permitted in university-approved hous- (b) Any organization, association, ing. Students wishing to maintain a firearm or student living group that on campus for hunting or sporting activities 13 must store the firearm with the Washington another student, faculty member, or State University department of public safety. university official. (6) Use of computing facilities and wAc 504-26-214 Disruptive activity. resources to send obscene, harassing, Participating in an on-campus or off- or threatening messages. campus riot or unlawful assembly that (7) Use of computing facilities and resources disrupts the normal operations of the to interfere with normal operation of the university and/or infringes on the rights of university computing system. other members of the university commu- (8) Use of computing facilities and nity; leading or inciting others to disrupt resources in violation of any law, scheduled and/or normal activities within including copyright laws. any campus building or area. For peaceful (9) Any violation of the university demonstrations, students should consult computer use policy found at http:// with university police for safety guidelines. www.wsu.edu/~forms/HTML/EPM/ wAc 504-26-215 obstruction. EP4_Electronic_Publishing_Policy. htm. Obstruction of the free flow of pedes- trian or vehicular traffic on university prem- wAc 504-26-219 Abuse of the student conduct ises or at university-sponsored or supervised system. functions. Abuse of the student conduct system, wAc 504-26-216 Disorderly conduct. including but not limited to: (1) Failure to obey any notice from a Conduct that is disorderly, lewd, or university conduct board or university indecent; disturbing the peace; or assisting official to appear for a meeting or or encouraging another person to disturb hearing as part of the student conduct the peace on university premises or at func- system. tions sponsored by, or participated in by, (2) Willful falsification, distortion, or mis- the university or members of the academic representation of information before a community. student conduct proceeding. wAc 504-26-217 Unauthorized use of (3) Disruption or interference with the electronic or other devices. orderly conduct of a university con- duct board proceeding. Unauthorized use of electronic or other (4) Filing fraudulent charges or initiating devices: making an audio or video record a university conduct code proceeding of any person while on university prem- in bad faith. ises without his or her prior knowledge, or (5) Attempting to discourage an individ- without his or her effective consent when ual’s proper participation in, or use of, such a recording is of a private conversation the student conduct system. or of images taken of a person(s) at a time (6) Attempting to influence the impartial- and place where she or he would reason- ity of a member of a university con- ably expect privacy and where such images duct system prior to, and/or during are likely to cause injury or distress. This the course of, any university conduct includes, but is not limited to, surrepti- board proceeding. tiously taking pictures of another person in (7) Harassment (verbal or physical) and/ a gym, locker room, or restroom, but does or intimidation of a member of a uni- not include taking pictures of persons in versity conduct board prior to, during, areas which are considered by the reason- and/or after any university conduct able person to be open to public view, such proceeding. as Martin Stadium or the Glenn Terrell Mall. (8) Failure to comply with the sanction(s) wAc 504-26-218 computer abuses or theft. imposed under the standards of con- duct for students. Theft or other abuse of computer facili- (9) Influencing or attempting to influence ties and resources, including but not limited another person to commit an abuse of to: the university conduct system. (1) Unauthorized entry into a file, to use, read, or change the contents, or for wAc 504-26-220 Discrimination. any other purpose. Discrimination on the basis of race, (2) Unauthorized transfer of a file. color, religion, ancestry, national or ethnic (3) Unauthorized use of computer hard- origin, age, gender, marital status, veteran ware. status, sexual orientation, gender identity, (4) Use of another individual’s identifica- or mental, physical, or sensory disability is tion and/or password. prohibited in conformity with federal and (5) Use of computing facilities and state laws. resources to interfere with the work of 14 wAc 504-26-221 Sexual misconduct. wAc 504-26-224 Reckless endangerment. (1) Sexual misconduct is any sexual activ- Engaging in conduct that creates an ity with another that is unwanted and unreasonable risk of harm to another person nonconsensual. Sexual misconduct or property. includes physical contact as well as wAc 504-26-225 Trespassing. voyeurism. (2) Consent to sexual activity requires Knowingly entering or remaining unlaw- that, at the time of the act, there are fully in or on university premises or any actual words or conduct demonstrat- portion thereof. Any person who has been ing freely given agreement to sexual given notice by a university official of the activity—silence or passivity is not university’s decision to exclude him or her consent. Even if words or conduct from all or a portion of university property alone seem to imply consent, sexual is not licensed, invited, or otherwise privi- activity is nonconsensual when: leged to enter or remain on the identified (a) Force or blackmail is threatened or portion of university property, unless given used to procure compliance with prior explicit written permission by univer- the sexual activity; or sity administration. (b) The person is unconscious or wAc 504-26-226 Violation of a disciplinary physically unable to communicate his or her unwillingness to engage sanction. in sexual activity; or Violation of any term or condition of (c) The person lacks the mental any disciplinary sanction constitutes a new capacity at the time of the sexual violation and may subject the student to activity to be able to understand additional sanctions. the nature or consequences of the act, whether that incapacity ARTICLE III is produced by illness, defect, the influence of alcohol or another RUlES AND REGUlATIoNS substance, or some other cause. (3) A person commits voyeurism if, for wAc 504-26-301 malicious intent. the purpose of arousing or gratifying the sexual desire of any person, he or If a student is found responsible for vio- she knowingly views, photographs, lating any provision of this code as a result or films another person, without that of causing injury to another or to another’s person’s knowledge and consent, property, or as a result of placing another in while the person being viewed, photo- reasonable fear of injury to self or property, graphed, or filmed is in a place where and if the responsible student is found to he or she has a reasonable expectation have intentionally selected the victim based of privacy. upon the responsible student’s perception of the victim’s race, color, religion, ancestry, wAc 504-26-222 Harassment. national or ethnic origin, age, gender, mari- Conduct by any means that is severe, tal status, veteran status, sexual orientation, pervasive, or persistent, and is of such a gender identity, or mental, physical, or sen- nature that it would cause a reasonable sory disability, such finding is considered an person in the victim’s position substantial aggravating factor in determining a sanction emotional distress and undermine his or her for such conduct. ability to work, study, or participate in his wAc 504-26-302 Responsibility for guests. or her regular life activities or participate in the activities of the university, and actually A student or student organization is does cause the victim substantial emotional responsible for the conduct of guests on distress and undermines the victim’s ability or in university property and at functions to work, study, or participate in the victim’s sponsored by the university or sponsored by regular life activities or participate in the any recognized university organization. activities of the university. wAc 504-26-303 Students studying abroad. wAc 504-26-223 Stalking. Students who participate in any uni- Intentionally and repeatedly harassing versity-sponsored or -sanctioned foreign or following a person and intentionally or country study program shall observe the unintentionally placing the person being following rules and regulations: followed or harassed in fear of physical (1) The laws of the host country; harm to one’s self or property or physi- (2) The academic and disciplinary regula- cal harm to another person or another’s tions of the educational institution property. or residential housing program where the student is studying; and 15 (3) Any other agreements related to the in the enforcement of criminal law student’s study program in a foreign on campus and in the conditions country. imposed by criminal courts for the rehabilitation of student violators wAc 504-26-304 Group conduct. (provided that the conditions do Sororities, fraternities, and recognized not conflict with campus rules or groups shall comply with the standards of sanctions). Individual students and conduct for students and with university other members of the university policies. When a member or members of a community, acting in their personal student organization violates the stan- capacities, remain free to interact with dards of conduct for students, the student governmental representatives as they organization or individual members may be deem appropriate. subject to appropriate sanctions authorized by these standards. ARTICLE IV wAc 504-26-305 Violation of law and university discipline. STUDENT coNDUcT coDE (1) University disciplinary proceedings PRocEDURES may be instituted against a student charged with conduct that potentially wAc 504-26-401 complaints and student violates both the criminal law and conduct process. the standards of conduct for students (1) Any member of the university com- (that is, if both possible violations munity may file a complaint against a result from the same factual situation) student for violations of the standards without regard to pending civil or of conduct for students. A complaint criminal litigation in court or criminal is prepared in writing and directed arrest and prosecution. Proceedings to a student conduct officer. Any under these standards may be carried complaint is to be submitted as soon out prior to, simultaneously with, or as possible after the event takes place, following civil or criminal proceed- preferably within thirty days. ings off campus at the discretion of (2) A student conduct officer, or designee, the vice president for student affairs may review and investigate any com- or designee. Determinations made plaint to determine whether it appears or sanctions imposed under these to state a violation of the code of standards are not subject to change conduct. If a conduct officer deter- because criminal charges arising mines that a complaint appears to out of the same facts giving rise to state a violation of the student code of violation of university rules were dis- conduct, she or he considers whether missed, reduced, or resolved in favor the matter might be resolved through of the criminal law defendant. A stu- agreement with the accused or dent charged with criminal offenses through alternative dispute resolution may choose to remain silent during proceedings involving the complain- conduct proceedings, recognizing ant and the accused. The complainant that he or she gives up the opportu- and the accused are informed of uni- nity to explain his or her version of versity options for alternative dispute events and that the decision is made resolution and may request that the based on the information presented matter be addressed using alternative at the hearing. dispute resolution techniques. Gener- (2) When a student is charged by federal, ally, the accused and complainant state, or local authorities with a viola- must agree to the use of alternative tion of law, the university does not dispute resolution techniques. If the request or agree to special consider- accused and the student conduct ation for that individual because of officer reach an agreed resolution of his or her status as a student. If the the complaint, the disposition is final; alleged offense is also being processed there is no right to appeal from an under the standards of conduct for agreed disposition. students, the university may advise (3) If the conduct officer has determined off-campus authorities of the exis- that a complaint has merit and if the tence of the standards and of how matter is not resolved through agree- such matters are typically handled ment or alternative dispute resolution, within the university community. The the matter is handled through either a university attempts to cooperate with conduct officer hearing or as a univer- law enforcement and other agencies sity conduct board hearing. 16 (a) When the allegation involves harm (b) If the student is no longer enrolled or threat of harm to any person or at the time notice is sent, the person’s property and the accused notice is sent to the student’s disputes the facts and/or denies permanent address recorded in responsibility, the matter may be the registrar’s files. The student or referred to the university conduct student organization is respon- board for resolution. sible for maintaining an updated (b) If the possible or recommended mailing address on file with the sanction is expulsion or suspen- registrar. sion, the matter is referred to the (c) Any request to extend the time university conduct board. and/or date of the conduct officer (c) Matters other than those listed in conference/hearing should be (a) and (b) of this subsection are addressed to the conduct officer. heard by a conduct officer, unless (2) In order that any informality in the conduct officer exercises his or disciplinary proceedings not mislead her discretion to refer the matter to a student as to the seriousness of a conduct board at any time before the matter under consideration, the a decision is issued. A student may student is informed of the potential request that a conduct board hear sanctions involved at the initial con- the case, but the final decision to ference or hearing. refer the matter to the university (3) After a review of the evidence and conduct board for hearing is made interviewing the student(s) involved by the university conduct officer in the case, the conduct officer may and such decision is not subject to take any of the following actions: appeal. (a) Terminate the proceeding exoner- (4) The student conduct officer provides ating the student or students; complainants who have been targets (b) Dismiss the case; of alleged misconduct or who feel (c) Impose appropriate sanctions as victimized thereby with names of provided in WAC 504-26-405. university and community advocates Such sanctions are subject to the or resources who may be able to help student’s right of appeal as pro- the complainant address his or her vided in this code; or concerns about the behaviors and (d) Refer the matter to the university provide support to the complainant conduct board pursuant to WAC throughout the conduct process. Due 504-26-401(3). to federal privacy law, the university (4) The conduct officer may consider the may not disclose to the complain- student’s past contacts with the office ant any sanctions taken against the of student conduct in determining an accused student, unless the complain- appropriate sanction and/or deciding ant was the victim of a violent crime whether to refer the case for a univer- for which the accused was found sity conduct board hearing. responsible as defined under the (5) The student is notified in writing of Family Educational Rights and Privacy the determination made by the con- Act (FERPA) (20 U.S.C. Sec. 1232g; 34 duct officer within ten business days CFR Part 99), or the accused student of the proceeding. The notice includes consents to such disclosure. information regarding the student’s right to appeal pursuant to WAC 504- wAc 504-26-402 conduct officer actions. 26-407. (1) Any student charged by a conduct officer with a violation of any provi- wAc 504-26-403 conduct board proceedings. sion of standards of conduct for (1) Any student charged by a con- students is notified of the basis for duct officer with a violation of any the charge or charges and of the provision of standards of conduct time, date, and place of a conference for students that is to be heard by a between the student and the conduct conduct board is provided notice by officer through one of the following personal delivery or by regular United procedures. States mail addressed to the student or (a) The conduct officer provides notice student organization at her, his, or its by personal delivery or by regular last known address. United States mail addressed to the (a) If the student is no longer enrolled student or student organization at at the time notice is sent, the his, her, or its last known address. notice is sent to the student’s Duplicate notice may be provided permanent address recorded in the by electronic mail. registrar’s files. 17 (b) The student or student organiza- the university conduct board tion is responsible for keeping an chair and/or the student con- updated mailing address on file duct officer. with the registrar. (iii) In university conduct board (2) The written notice shall be completed hearings involving more than by the conduct officer and shall one accused student, the include: student conduct officer, at his (a) The specific complaint, including or her discretion, may permit the university policy or regulation joint or separate hearings. allegedly violated; (iv) In university conduct board (b) The approximate time and place hearings involving graduate of the alleged act that forms the students, board memberships factual basis for the charge of are comprised to include violation; graduate students and graduate (c) The time, date, and place of the teaching faculty to the extent hearing; possible. (d) A list of the witnesses who may (v) The complainant and the be called to testify, to the extent accused student have the right known; to be assisted by an advisor (e) A description of all documentary they choose, at their own and real evidence to be used at expense. The complainant the hearing, to the extent known, and/or the accused student is including a statement that the stu- responsible for presenting his dent shall have the right to inspect or her own information, and, his or her student conduct file. therefore, during the hearing, (3) Time for hearings. advisors are not permitted to (a) The conduct board hearing is address the board, witnesses, scheduled not less than seven days conduct officers or any party after the student has been sent or representatives invited by notice of the hearing, except in the parties to the hearing, or the case of interim suspensions as to participate directly in any set forth in WAC 504-26-406. Ordi- university conduct hearing. An narily, the hearing occurs within advisor may communicate with fifteen days of notice. the accused and recesses may be (b) Requests to extend the time and/or allowed for this purpose. A stu- date for hearing must be addressed dent should select as an advisor to the chair of the university a person whose schedule allows conduct board. Requests made by attendance at the scheduled an accused student must be copied date and time for the university to the Office of Student Conduct; conduct board hearing because requests made by the Office of Stu- delays are not normally allowed dent Conduct must be copied to due to the scheduling conflicts the accused student. A request for of an advisor. extension of time is granted only (vi) The complainant, the accused upon a showing of good cause. student, and the student (4) University conduct board hearings are conduct officer may arrange for conducted by a university conduct witnesses to present pertinent board according to the following information to the university guidelines, except as provided by conduct board. The conduct subsection (6) of this section: officer tries to arrange the (a) Procedures: attendance of possible wit- (i) University conduct board hear- nesses who are identified by ings are conducted in private. the complainant. Complainant (ii) The complainant, accused witnesses must provide written student, and his or her advisor, statements to the conduct if any, are allowed to attend the officer at least two weekdays entire portion of the univer- prior to the hearing. Witnesses sity conduct board hearing at identified by the accused which information is received student must provide written (excluding deliberations). statements to the conduct offi- Admission of any other person cer at least two weekdays prior to the university conduct board to the conduct hearing. The hearing is at the discretion of accused student is responsible 18 for informing his or her wit- able members of the university nesses of the time and place of community would rely upon in the hearing. Witnesses provide the conduct of their affairs. The information to and answer chair of the university conduct questions from the university board shall have the discretion conduct board. Questions may to determine admissibility of be suggested by the accused evidence. student and/or complainant (b) If the accused student is found to be answered by each other responsible for any of the charges or by other witnesses. Written brought against the accused, the questions are directed to the board may, at that time, consider conduct board chair, rather the student’s past contacts with the than to the witness directly. office of student conduct in deter- This method is used to preserve mining an appropriate sanction. the educational tone of the (c) The accused student or student hearing and to avoid creation organization is notified of the con- of an unduly adversarial duct board’s decision within ten environment, and to allow calendar days from the date the the board chair to determine matter is heard. The accused stu- the relevancy of questions. dent or organization shall receive Questions concerning whether written notice of the decision, potential information may be the reasons for the decision (both received are resolved at the the factual basis therefore and the discretion of the chair of the conclusions as to how those facts university conduct board. apply to the conduct code), the (vii) Pertinent records, exhibits, and sanction, notice that the order written statements (including will become final unless internal student impact statements) appeal is filed within twenty-one may be accepted as informa- days of the date the letter was tion for consideration by a personally delivered or deposited university conduct board at the in the U.S. mail, and a statement discretion of the chair. of how to file an appeal. (viii) Questions related to the order (i) The conduct board’s written of the proceedings are subject decision is sent by regular mail to the final decision of the or personal delivery, and may chair of the university conduct also be sent by electronic mail board. to the accused student’s or the (ix) After the portion of the uni- president of the student organi- versity conduct board hearing zation’s last known address, as concludes in which all perti- set forth in the registrar’s files. nent information is received, (ii) The written decision is the the student conduct board university’s initial order. shall determine (by majority (iii) If the student or organization vote) whether the accused stu- does not appeal the conduct dent has violated each section board’s decision within twenty- of the standards of conduct for one calendar days from the students as charged. date of the decision letter, it (x) The university conduct board’s becomes the university’s final determination is made on the order. basis of a “preponderance of (5) There is a single verbatim record, such the evidence,” that is, whether as a tape recording, of all university it is more likely than not that conduct board hearings (not includ- the accused student violated ing deliberations). Deliberations are the standards of conduct for not recorded. The record is the prop- students. erty of the university. (xi) Formal rules of process, proce- (6) If an accused student to whom notice dure, and/or technical rules of of hearing has been sent (in the evidence, such as are applied in manner provided above) does not criminal or civil court, are not appear before a university conduct used in conduct proceedings. board hearing, the information in Relevant evidence, including support of the complaint is presented hearsay, is admissible if it is the and considered in his or her absence, type of evidence that reason- and the board may issue a decision 19 based upon that information. tion of whether or not the student (7) The university conduct board may is responsible for violating the for convenience or to accommodate academic integrity policy and/or concerns for the personal safety, well- whether the outcome proposed by being, and/or fears of confrontation the instructor is in keeping with of the complainant, accused stu- the instructor’s published course dent, and/or other witnesses during policies. the hearing by providing separate (b) The academic integrity hearing facilities, and/or by permitting par- board is empowered to provide an ticipation by telephone, audio tape, appropriate remedy for a student written statement, or other means, as including arranging a withdrawal determined in the sole judgment of from the course, having the stu- the vice president for student affairs dent’s work evaluated, or changing or designee to be appropriate. a grade where it finds that: (i) The student is not responsible wAc 504-26-404 Procedure for academic for violating academic integrity integrity violations. policies; or (1) Initial hearing. (ii) The outcome imposed by (a) When a responsible instructor the instructor violates the finds that a violation of academic instructor’s published policies. integrity has occurred, the instruc- (c) Students who appear before the tor shall assemble the evidence academic integrity board shall and, upon reasonable notice to have the same rights to notice and the student of the date, time, and to conduct a defense as enumer- nature of the allegations, meet ated in WAC 504-26-403 except: with the student suspected of vio- (i) Notice of hearing and writ- lating academic integrity policies. ten orders shall be sent to If the student admits violating the address provided by the academic integrity policies, the student in the student’s request instructor assigns an outcome in for review (unless an address is keeping with published course not provided therein); and policies and notifies the Office of (ii) The written decision of the Student Conduct in writing of the academic integrity hearing allegations, the student’s admis- board is the university’s final sion, and the sanctions imposed. order. There is no appeal (b) If the instructor is unable to meet from findings of responsibil- with the student or if the accused ity or outcomes assigned by student disputes the allegation(s) university or college academic and/or the outcome proposed integrity hearing boards. by the instructor, the instructor (3) If the reported violation is the shall make a determination as to student’s first offense, the Office of whether the student did or did Student Conduct ordinarily requires not violate the academic integrity the student to attend a workshop policy. If the instructor finds that separate from, and in addition to, any the student was in violation, the academic outcomes imposed by the instructor shall provide the student instructor. A hold is placed on the and the Office of Student Conduct student’s record preventing registra- with a written determination, the tion or graduation until completion of evidence relied upon, and the sanc- the workshop. tions imposed. (4) If the reported violation is the (c) The student has twenty-one days student’s second offense, the student from the date of the decision is ordinarily required to appear before letter to request a review of the a university conduct board with a instructor’s determination and/ recommendation that the student be or sanction(s) imposed to the aca- dismissed from the university. demic integrity hearing board. (5) If the instructor or academic integrity (2) Review. hearing board determines that the act (a) Upon timely request for review of academic dishonesty for which the by a student who has been found student is found responsible is par- by his or her instructor to have ticularly egregious in light of all atten- violated the academic integrity dant circumstances, the instructor policy, the academic integrity or academic integrity hearing board hearing board shall make a sepa- may direct that the student’s case be rate and independent determina- heard by the university conduct board 20 with a recommendation for dismissal (h) Residence hall expulsion. Perma- from the university even if it is the nent separation of the student student’s first offense. from the residence halls. (6) Because instructors and departments (i) University suspension. Separation have a legitimate educational interest of the student from the university in the outcomes, reports of academic for a definite period of time, after integrity hearing board and/or con- which the student is eligible to duct board hearings shall be reported request readmission. Conditions to the responsible instructor and the for readmission may be specified. chair or dean. (j) University expulsion. Permanent separation of the student from the wAc 504-26-405 Sanctions. university. (1) The following sanctions may be (k) Revocation of admission and/or imposed upon any student found to degree. Admission to or a degree have violated the standards of con- awarded from the university may duct for students: be revoked for fraud, misrepresen- (a) Warning. A notice in writing to tation, or other violation of law or the student that the student is vio- university standards in obtaining lating or has violated institutional the degree, or for other serious regulations. violations committed by a student (b) Probation. Formal action placing prior to graduation. conditions upon the student’s con- (l) Withholding degree. The uni- tinued attendance at the univer- versity may withhold awarding sity. Probation is for a designated a degree otherwise earned until period of time and warns the stu- the completion of the process set dent that suspension or expulsion forth in this student conduct code, may be imposed if the student is including the completion of all found to violate any institutional sanctions imposed, if any. regulation(s) or fails to complete (m) Trespass. A student may be his or her conditions of probation restricted from any and all univer- during the probationary period. sity premises based on his or her A student on probation is not misconduct. eligible to run for or hold an office (n) Loss of recognition. A student in any student group or organiza- organization’s recognition may tion; she or he is not eligible for be withheld permanently or for a certain jobs on campus, including specific period of time. A frater- but not limited to resident advisor nity or sorority may be prohibited or orientation counselor, and she from housing freshmen. Loss of or he is not eligible to serve on the recognition is defined as withhold- university conduct board. ing university services, privileges, (c) Loss of privileges. Denial of or administrative approval from specified privileges for a designated a student. Services, privileges and period of time. approval to be withdrawn include, (d) Restitution. Compensation for but are not limited to, intramural loss, damage, or injury. This may sports (although individual mem- take the form of appropriate ser- bers may participate), information vice and/or monetary or material technology services, university replacement. facility use and rental, campus (e) Education. The university may involvement office organizational require the student to successfully activities, and Office of Fraternity complete an educational project and Sorority Life advising. designed to create an awareness of (o) Hold on transcript and/or registra- the student’s misconduct. tion. A hold restricts release of (f) Community service. Imposition of a student’s transcript or access service hours (not to exceed eighty to registration until satisfactory hours per student or per member completion of conditions or sanc- of an organization). tions imposed by a student con- (g) Residence hall suspension. Separa- duct officer or university conduct tion of the student from the resi- board. Upon proof of satisfactory dence halls for a definite period of completion of the conditions or time, after which the student may sanctions, the hold is released. be eligible to return. Conditions (p) No contact order. A prohibition for readmission may be specified. of direct or indirect physical, 21 verbal, and/or written contact with (3) During the interim suspension, a another individual or group. student may be denied access to the (2) More than one of the sanctions listed residence halls, and/or to the campus above may be imposed for any single (including classes), and/or all other violation. university activities or privileges for (3) In determining an appropriate sanc- which the student might otherwise tion for a violation of the student be eligible, as the vice president for conduct code, a student’s or student student affairs or designee may deter- organization’s past contacts with the mine to be appropriate. office of student conuct may be (4) The vice president for student affairs considered. or designee ordering an interim (4) Other than university expulsion or suspension prepares a brief written revocation or withholding of a degree, decision containing the reasons for disciplinary sanctions are not made the decision (both the factual basis part of the student’s permanent aca- and the conclusions as to why those demic record, but shall become part of facts constitute a violation of the stu- the student’s disciplinary record. dent code of conduct), and the policy (5) In cases heard by university conduct reasons for the interim suspension. boards, sanctions are determined by The vice president of student affairs that board. The student conduct offi- or designee sends copies of the deci- cer has the authority to assign sanc- sion by personal delivery or by U.S. tions in any conduct officer hearing. mail to all persons or offices bound (6) Academic integrity violations. by it (including, at a minimum, the (a) No credit need be given for work suspended student and the Office of that is not the student’s own. Student Conduct). Thus, in academic integrity viola- (5) The interim suspension does not tions, the responsible instructor replace the regular hearing process, has the authority to assign a grade which shall proceed to hearing as and/or educational sanction in quickly as feasible, ordinarily within accordance with the expectations five working days where the accused set forth in the relevant course student has not consented to a longer syllabus. The instructor’s choices time frame. may include, but are not limited wAc 504-26-407 Review of decision. to, assigning a grade of “F” for the assignment and/or assigning an (1) A decision reached by the university educational sanction such as extra conduct board or a sanction imposed or replacement assignments, quiz- by the student conduct officer may be zes, or tests, or assigning a grade of appealed by the accused student(s) in “F” for the course. the manner prescribed in the decision letter containing the university’s deci- wAc 504-26-406 Interim suspension. sion and sanctions. Such appeal must In certain circumstances, the vice presi- be made within twenty-one days of dent for student affairs, or a designee, may the date of the decision letter. impose a university suspension prior to the (a) The university president or desig- university conduct board hearing. nee, of his or her own initiative, (1) Interim suspension may be imposed may direct that an appeals board only in situations involving an imme- be convened to review a conduct diate danger to the health, safety or board decision without notice to welfare of: the parties. However, the appeals (a) Any part of the university com- board may not take any action less munity or public at large; or favorable to the accused student(s), (b) The student’s own physical safety unless notice and an opportunity and well-being. to explain the matter is first given (2) Conduct that creates an ongoing to the accused student(s). disruption of, or interference with, the (b) If the accused and/or the office of operations of the university and that student conduct wish to explain prevents other students, employees, their views of the matter to the invitees, or members of the university appeals board they shall do so in community from completing their writing. duties as employees or students, is (c) The appeals board shall make any conduct harmful to the welfare of inquiries necessary to ascertain members of the university community. whether the proceeding must be converted to a formal adjudicative 22 hearing under the Administra- shall be delivered or mailed to the tive Procedure Act (chapter 34.05 last known address of the accused RCW). student(s). It is the student’s respon- (2) Except as required to explain the sibility to maintain a correct and basis of new information, an appeal updated address with the registrar. is limited to a review of the verbatim The university appeal board’s deci- record of the university conduct board sion letter is the final order and shall hearing and supporting documents advise the student or student orga- for one or more of the following pur- nization that judicial review may be poses: available. If the appeal board does not (a) To determine whether the univer- provide the student with a response sity conduct board hearing was within twenty days after the request conducted fairly in light of the for appeal is received, the request for charges and information pre- appeal is deemed denied. sented, and in conformity with (5) The appeals board decision is effec- prescribed procedures giving the tive as soon as the order is signed. complaining party a reasonable A petition to delay the date that the opportunity to prepare and to order becomes effective (a “petition present information that the stan- for stay”) may be directed to the chair dards of conduct for students were of the appeals board within ten days violated, and giving the accused of the date the order was personally student a reasonable opportu- delivered to the student or placed in nity to prepare and to present the U.S. mail. The chair shall have a response to those allegations. authority to decide whether to grant Deviations from designated proce- or deny the request. dures are not a basis for sustain- (6) There is no further review beyond ing an appeal unless significant that of the findings of responsibility prejudice results. or outcomes assigned by university (b) To determine whether the decision or college academic integrity hearing reached regarding the accused boards. student was based on substantial information, that is, whether ARTICLE V there were facts in the case that, if believed by the fact finder, were sufficient to establish that a viola- REcoRDS tion of the standards of conduct wAc 504-26-501 Records. for students occurred. (c) To determine whether the (1) Disciplinary records are maintained sanction(s) imposed were appro- in accordance with the university’s priate for the violation of the records retention schedule. standards of conduct for students (2) The disciplinary record is confidential. which the student was found to (3) A student may request a copy of his have committed. or her own disciplinary record at his (d) To consider new information, suf- or her own reasonable expense by ficient to alter a decision, or other making a written request to the Office relevant facts not brought out in of Student Conduct. the original hearing, because such (4) Personally identifiable student infor- information and/or facts were not mation is redacted to protect another known to the person appealing at student’s privacy. the time of the original student (5) A student may authorize release of his conduct board hearing. or her own disciplinary record to a third (3) The university appeals board shall party in compliance with the Family review the record and all information Educational Rights and Privacy Act provided by the parties and make (FERPA) (20 U.S.C. Sec. 1232g; 34 CFR determinations based on the following: Part 99) by making a written request to (a) Affirm, reverse, or modify the the Office of Student Conduct. conduct board’s decision; (6) The university may inform the (b) Affirm, reverse, or modify the complainant of the outcome of any sanctions imposed by the conduct disciplinary proceeding involving a board. crime of violence as defined by FERPA (4) The appeal board’s decision shall be (20 U.S.C. Sec. 1232g; 34 CFR Part 99). personally delivered or mailed via U.S. (7) The university may not communicate mail to the student. Such decision a student’s disciplinary record to any person or agency outside the univer- 23 sity without the prior written consent of the student, except as required or ARTICLE VI permitted by law. Exceptions include but are not limited to: INTERPRETATIoN AND REVISIoN (a) The student’s parents or legal wAc 504-26-601 Interpretations. guardians may review these records if the student is a minor Any question of interpretation or or a dependent for tax purposes as application of the standards of conduct for defined by FERPA (20 U.S.C. Sec. students is referred to the vice president for 1232g; 34 CFR Part 99). student affairs or designee for final determi- (b) Release to another educational nation. institution, upon request, where wAc 504-26-602 Periodic review. the student seeks or intends to enroll, as allowed by FERPA (20 The standards of conduct for students U.S.C. Sec. 1232g; 34 CFR Part 99). are reviewed every three years under the direction of the student conduct officer. 24 Reporting Violations of Student Conduct Code or University Policies and Regulations Students, staff, faculty, parents, and community members are encouraged to report com- plaints and concerns. Following is a listing of appropriate reporting agencies for campus- related concerns. When in doubt, call WSU Police at 911 for assistance. CRIME, such as hate crimes, sexual assault, Call 911 assault, drug use or sale, vandalism, etc. Student-to-student related issues that take In case of a crime, contact 911. For immedi- place in the Residence Halls or University ate assistance in other situations, contact Apartments such as violations of: Residence your Area Coordinator, Apartment Coordi- Hall Community Standards, Student Con- nator, or Residence Life, 335-4577. duct Code, assaults, sexual assaults, sexual misconduct, sexual harassment, harass- ment, bias-related incidents, discrimina- tion, theft, etc. Student-to-student related issues that take In case of a crime, contact 911. For immedi- place off campus, such as violations of ate assistance in other situations, contact Student Conduct Code, assaults, sexual the Office of Student Conduct, assaults, sexual misconduct, sexual harass- 335-4532. ment, discrimination, harassment, theft, bias-related incidents, etc. Student-to-student related issues that In case of a crime, contact 911. For immedi- take place in the Greek system, such as ate assistance in other situations, contact violations of the Student Conduct Code, the Center for Fraternity and Sorority Life, assaults, sexual assaults, sexual miscon- 335-5433. duct, sexual harassment, discrimination, hazing, harassment, theft, bias-related incidents, etc. Computer abuse/misuse Report to Abuse@wsu.edu Third-party reports of sexual assault and Contact the BIAS HOTLINE 332-BIAS, or bias-related incidents can be made. Office of Student Conduct, 335-4532. Student complaints regarding staff or fac- Your Department Chair or the Center for ulty, such as sexual harassment, discrimina- Human Rights, 335-8288. tion, academic concerns. Office of the University Ombudsman, 335-1195 Student-staff complaints regarding work Supervisor or Center for Human Rights, issues or work environment. 335-8288. In addition to administrators, faculty, and supervisors, the following university officials also are available to discuss any concerns or complaints, or to provide advice on utilizing univer- sity complaint procedures: Center for Human Rights 225 French Administration Building 335-8288 Counseling Services 280 Lighty daytime hours 335-4511 After 5:00 p.m. call 335-2159 Dean of Students 360 Lighty 335-5757 Student Conduct 190 Lighty 335-4532 Ombudsman’s Office 2 Wilson Hall 335-1195 Women’s Resource Center 8 Wilson Hall 335-6849 7/08 123328 Alternatives to Violence of the Palouse 332-HELP No individual shall be penalized or retaliated against in any way by a member of the university community for initiation or participation in a complaint procedure.
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