Title 516 WAC — Western Washington University

Chapter 516-04 Board of trustees.

Wash. Admin. Code § 516-04-010 Regular meetings.

Regular meetings of the board of trustees of Western Washington University shall be held pursuant to schedules and at locations published annually in the Washington State Register. Any regular meeting of the board may be rescheduled by publishing notice of the changed date and/or location in the Washington State Register at least twenty days in advance of the rescheduled meeting date. If twenty days advance notice of a rescheduled meeting is not given, the meeting is conducted as a special meeting under RCW 42.30.080. All such regular meetings will be conducted in conformance with the laws of the state of Washington and the bylaws of the board.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 42.30.070, and 42.30.075. WSR 16-17-099, § 516-04-010, filed 8/18/16, effective 9/18/16. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-04-010, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-04-010, filed 11/17/72.

Chapter 516-09 Public records.

Wash. Admin. Code § 516-09-010 Authority and purpose.

(1) For the purposes of this chapter, the Public Records Act, chapter 42.56 RCW, is referred to as the act. RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.

(2) The purpose of these rules is to establish the procedures Western Washington University will follow in order to provide full access to public records. Western Washington University shall hereinafter be referred to as the "university." Where appropriate, the term university also refers to the staff and employees of Western Washington University. These rules provide information to persons wishing to request access to public records of the university and establish processes for both requestors and university staff that are designed to best assist members of the public in obtaining such access.

(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the university will be guided by the provisions of the act describing its purposes and interpretation.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 08-01-106, § 516-09-010, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-020 Agency description—Contact information—Public records officer.

(1) Western Washington University is an institution of higher education, authority for which is located in chapter 28B.35 RCW. The administrative offices of the university are located at the university's main campus at Bellingham, Washington.

(2) Any person wishing to request access to public records of the university, or seeking assistance in making such a request, should contact the university's public records officer located at the main campus listed below:

Public Records Officer

Western Washington University

516 High Street

Bellingham, WA 98225

Phone: 360-650-2728

Fax: 360-650-4228

Current contact information and additional information regarding release of public records can be found online at the public records officer's website.

(3) The public records officer will oversee compliance with the act but another university staff member may process the request. Therefore, these rules will refer to the public records officer or "designee." The public records officer or designee and the university will provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the university.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 18-01-078, § 516-09-020, filed 12/15/17, effective 1/15/18
WSR 16-09-114, § 516-09-020, filed 4/20/16, effective 5/21/16
WSR 08-01-106, § 516-09-020, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-030 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the university in the presence of university staff. For the purposes of this chapter, the normal business hours for the public records office are from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding university holidays. Other hours of inspection may be arranged if the requestor and the public records officer or designee agree on a different time. Records must be inspected at the offices of the university in the presence of university staff.

(2) Index of records. The Western Washington University records retention schedule is the index of records and is available online at the university archives and records management website.

(3) A requestor shall not take university records from university offices without the permission of the public records officer or designee. Certain records are available on the university website. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(4) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the university must make the request in writing on the university's request form located at the public records officer's website; or by letter, email, or fax addressed to the public records officer and including the following information:

(i) Name of requestor;

(ii) Address of requestor;

(iii) Other contact information, including telephone number and any email address;

(iv) Date and time of the request;

(v) Identification of the public records adequate for the public records officer to locate the records; and

(vi) A verification that the records requested shall not be used to compile a commercial sales list.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records per WAC 516-09-070.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 18-01-078, § 516-09-030, filed 12/15/17, effective 1/15/18
WSR 08-01-106, § 516-09-030, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-03001 "Public record" defined.

A public record includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function, prepared, owned, used, or retained by any state agency regardless of physical form or characteristics. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who do not serve in an administrative capacity; have not been appointed by the agency to an agency board, commission, or internship; and do not have a supervisory role or delegated agency authority.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 18-01-078, § 516-09-03001, filed 12/15/17, effective 1/15/18
WSR 08-01-106, § 516-09-03001, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-040 Processing of public records requests—General.

(1) Providing "fullest assistance." The university is charged by statute with adopting rules which provide for how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with the essential functions of the agency," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer or designee will do one or more of the following:

(a) Make the records available for inspection or copying;

(b) If copies are requested and payment for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification shall be requested and provided in writing by mail or fax. Based upon that clarification, the public records officer or designee may revise the estimate of when records will be available; or

(e) Deny the request.

(i) A request for all or substantially all records is not a valid request for identifiable records and will be denied. RCW 42.56.080(2).

(ii) A bot request that is one of multiple requests from the requestor to the agency within a twenty-four-hour period will be denied. A "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script. RCW 42.56.080(2).

(3) Consequences of failure to respond. If the university does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.

(4) Informing persons of records request. In the event that the request seeks records of named persons to whom the records pertain, the public records officer may, prior to providing records, give notice to such persons named in the request whose rights may be affected by the disclosure. The notice to the affected persons will include a copy of the request.

(5) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the university believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(6) Inspection of records.

(a) Consistent with other demands, the university shall promptly provide space to inspect public records in the presence of university staff. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the university to copy.

(b) The requestor must claim or review the assembled records within thirty days of the university's notification to him or her that the records are available for inspection or copying. The university will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the university to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the university may close the request. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(7) Providing copies of records. After inspection is complete, the public records officer or designee shall make any copies of records requested by the requestor or arrange for copying.

(8) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(9) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the university has completed a diligent search for the requested records, made any located nonexempt records available for inspection, and provided copies.

(10) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the university has closed the request.

(11) Later discovered documents. If, after the university has informed the requestor that it has provided all available records, the university becomes aware of additional documents existing at the time of the request, it will promptly inform the requestor of the additional documents and will make them available for inspection or provide copies upon payment on an expedited basis.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 18-01-078, § 516-09-040, filed 12/15/17, effective 1/15/18
WSR 08-01-106, § 516-09-040, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-050 Reserved.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 08-01-106, § 516-09-050, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-060 Exemptions.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the university for inspection and copying. This is not an exhaustive list as numerous exemptions exist outside the act. The university's failure to list an exemption here shall not affect the efficacy of any exemption.

(a) RCW 5.60.060 - Privileged communications;

(b) 20 U.S.C. 1232g - Family Education Rights and Privacy Act (FERPA);

(d) 45 C.F.R. 16-0164 - HIPAA Privacy Rule;

(e) Chapter 19.108 RCW and RCW 4.24.601 - Uniform Trade Secrets Act; and

(f) Chapter 10.97 RCW - Regarding criminal history information.

(2) The university is prohibited by RCW 42.56.070(9) from providing lists of individuals for commercial purposes.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 08-01-106, § 516-09-060, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-070 Costs of providing copies of public records.

Costs for providing copies. Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce university resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the public records officer shall establish, maintain, and make available for public inspection and copying a statement of costs that the university charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The university may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. Fees may be waived when the public records officer determines collecting a fee is not cost effective for the university.

Prior to providing records, the public records officer or designee may request the estimated cost of reproduction.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 18-01-078, § 516-09-070, filed 12/15/17, effective 1/15/18
WSR 08-01-106, § 516-09-070, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-09-080 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the university denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(3) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.100. WSR 08-01-106, § 516-09-080, filed 12/18/07, effective 1/18/08.

Chapter 516-12 Parking and traffic regulations.

Wash. Admin. Code § 516-12-400 Definitions.

As used in this chapter, the following words and phrases mean:

(1) Accessible parking space. A parking space identified with a sign bearing the international symbol of accessibility that is restricted at all hours for use by vehicles associated with a valid university parking permit and displaying a valid state disability placard.

(2) All lot permit (AL). A parking permit used in conjunction with a valid university parking permit that allows the vehicle access to specific lots on campus. The specific lots are identified on the application.

(3) Appeals board. The committee that hears citation and notice of infraction appeals for parking, impoundment, bicycle, and skateboard violations.

(4)Authorized valid payment. Any payment accepted by parking services, including the online mobile application and pay stations.

(5) Assistant director of the student business office and parking services. The person appointed assistant director of the university's student business office and parking services.

(6) Automobile. Any licensed motorized vehicle typically having three or more wheels not classified as a motorcycle.

(7) Board. The board of trustees of Western Washington University.

(8) Business day. Any day, Monday through Friday (excluding holidays), during which university offices are open or any day until 9:00 p.m. through parking services' website.

(9) Campus. All state owned or leased lands utilized by the university.

(10) Citation. Formal written notice of a parking violation.

(11) Department of public safety. The office consisting of university police.

(12) Employee. Any individual appointed to the faculty, staff, or administration of the university.

(13) Fee. Charge for permits and impoundment.

(14) Fine. Monetary penalty for a parking violation.

(15) Guest. Individual invited to the university and hosted by a department or university official.

(16) Habitual offender. A driver associated with vehicle license numbers or permit numbers accruing eight or more paid or unpaid parking citations within a twelve-month period.

(17) Holidayor university holiday. A day designated by the university as a holiday or university holiday. Intersession or quarter breaks are not considered holidays. See definition of intersession.

(18) Impoundment. The status of a vehicle that has been seized and kept in legal custody by either being immobilized with a wheel lock device or towed from campus.

(19) Intersession. A period of time in which classes or final exams are not in session. University business offices are open during this time, except during holidays.

(20) License plate recognition (LPR). Technology that uses optical character recognition to automatically read license plate characters.

(21) Loading zone. A space in which parking is allowed for a specific time period and which is identified by signage as a loading zone.

(22) Motor vehicleor vehicle. Every vehicle that is self-propelled; for example cars, trucks, and motorcycles. Motor vehicle includes a neighborhood electric vehicle as defined in RCW 46.04.357. Motor vehicle also includes a medium-speed electric vehicle as defined in RCW 46.04.295. Electric personal assistive mobility devices (EPAMD) defined in RCW 46.04.1695 and power wheelchairs are not considered motor vehicles.

(23) Motorcycle. A motor vehicle designed to travel on not more than three wheels in contact with the ground on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but excluding a farm tractor, a power wheelchair, an electric personal assistive mobility device (EPAMD) defined in RCW 46.04.1695, and a moped. Refer to chapter 516-13 WAC for further information.

(24) Parking services. A unit of the student business office responsible for the university parking system.

(25) Parking space. An area specifically marked as a parking space, designated by a sign, wheel stop, painted lines, and/or traffic buttons.

(26) Pay station. A parking services deployed and managed machine that issues virtual permits for designated lots.

(27) Pedestrian. Any person who is afoot or who is using a wheelchair, a powered wheelchair, or other mobility device for persons with disabilities.

(28) Permit. An authorization to park issued by parking services and associated with a vehicle's license plate number.

(29) President. The president of Western Washington University.

(30) Prohibited areas. Areas other than those designated for parking or a roadway.

(31) Public safety director. The person appointed director of the university's department of public safety.

(32) Registered volunteer. An individual who is registered with the university's human resources department to perform assigned or authorized volunteer duties as determined by a department of the university.

(33) Short-term parking space. Parking spaces that are restricted to hourly or daily limits.

(34) Student. Any person enrolled in the university as a student.

(35) Student business office. The university's centralized office for financial billing and payments, including parking services.

(36) University. Western Washington University.

(37) University businesspermit (UB). A parking permit used in conjunction with a valid university parking permit that allows the vehicle access to specific lots on campus. The specific lots are identified on the application.

(38) Visitor. Individual present on campus who is not an employee, guest, registered volunteer, or student.

(39) Walk zone. Any area designated by signs or symbols as a place where bicycles, skateboards, and other regulated devices cannot be ridden during specified periods.

(40) Wheel stop. A barrier used to ensure a vehicle stops at a proper location in a parking space.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-400, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-400, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-400, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-400, filed 8/15/97, effective 9/15/97
WSR 96-14-006, § 516-12-400, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.35.120(12). WSR 95-09-047, § 516-12-400, filed 4/17/95, effective 5/18/95. Statutory Authority: RCW 28B.35.120(11). WSR 92-06-068 (Order 92-01), § 516-12-400, filed 3/3/92, effective 3/31/92
WSR 87-18-001 (Resolution No. 6-04-87), § 516-12-400, filed 8/20/87. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-400, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-400, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-410 Purpose and application.

The purpose of these regulations is to facilitate safety and access to and around campus by users. These regulations apply to anyone seeking motor vehicle access to campus. Specifically these regulations are intended:

(1) To regulate parking by assigning limited parking space and hours of operation for the most efficient use;

(2) To regulate motor vehicles and minimize traffic disturbances on campus;

(3) To protect pedestrians;

(4) To assure access at all times for emergency traffic;

(5) To facilitate the work of the university by allowing access for its vehicles given limited parking resources;

(6) To encourage sustainable transportation, including travel to the university by means other than single occupancy vehicles (SOV) due to the limited ability to park on campus; and

(7) To generate resources to establish and manage suitable, self-sustaining parking space and facilities through a principled and fairly administered process.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-410, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-410, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-410, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-420 Authority.

The board of trustees of Western Washington University is granted statutory authority under RCW 28B.10.560 to establish regulations to govern pedestrian and vehicular traffic and parking on the campus of the university.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-420, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-420, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-420, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-420, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-420, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-425 Administrative responsibility.

The administration of parking regulations and moving violations is the joint responsibility of the public safety director and the assistant director of the student business office and parking services.

(1) The assistant director of the student business office and parking services is authorized to:

(a) Issue and sell parking permits to employees, students, guests, visitors, and others when necessary, and to provide parking for individuals with disabilities.

(b) Establish procedures to govern the purchase and allocation of annual, academic year, quarterly permits and other permits, and to assign parking spaces.

(d) Determine parking lot and space assignments.

(2) The public safety director is authorized to:

(a) Impose or suspend traffic and parking regulations, and restrictions when appropriate to the mission of the university, such as commencement.

(b) Change or close, either temporarily or permanently, any campus parking area.

(3) The public safety director and the assistant director of the student business office and parking services are jointly authorized to erect signs, barricades, and other structures to designate the various parking or no parking areas on campus; and to paint markers and other directions for the regulation of traffic and parking.

(4) The authority of the public safety director and the assistant director of the student business office and parking services under this chapter may be delegated to other personnel.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-425, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-425, filed 7/9/10, effective 8/9/10.

Wash. Admin. Code § 516-12-430 General regulations.

(1) All regulations in this chapter and all motor vehicle and other traffic laws of the state of Washington apply on the campus.

(2) The traffic code of the city of Bellingham applies on city streets which cross the campus.

(3) All vehicles, attended or unattended, must be associated with a valid university parking permit when parked on the campus, unless the vehicle is:

(a) Parked in a short-term parking space with authorized valid payment;

(b) Parked in a loading zone in compliance with posted limits;

(d) An emergency vehicle.

(4) The person who obtains a permit and the registered owner of the vehicle are responsible for assuring that the vehicle, regardless of who drives it, is parked in conformance with these regulations.

(5) If a parking permit holder cannot locate a parking space in the assigned lot, the holder may park in the next nearest parking lot and then must call parking services for reassignment.

(6) Motorcycle permit holders must park in areas designated for motorcycles.

(7) The student business office reserves the right to deny or revoke parking privileges to anyone who has:

(a) Had a permit revoked.

(b) Falsified a parking application or registration.

(d) Been identified as a habitual offender.

(e) Removed a wheel lock without authorization.

(f) Been trespassed from campus.

(g) Failed to comply with parking services directions.

(h) Damaged university property while driving or parking on campus.

(i) Verbally abused or assaulted staff.

(8) The speed limit on campus is ten miles per hour or as posted. Drivers must operate vehicles in a careful and prudent manner at all times and must comply with established speed limits.

(9) Drivers of vehicles must obey all regulatory signs and comply with directions given by parking services and public safety staff and their designees.

(10) Drivers of vehicles must yield the right of way to pedestrians within the campus. This includes, but is not limited to, pedestrians crossing streets, roadways, and parking areas within the campus. Operators must also yield to pedestrians at intersections, clearly marked crosswalks, or city streets which cross the campus.

(11) Nonuniversity owned government vehicles may be parked in nonreserved spaces for a maximum of eight hours while the driver is on university business. Long-term parking is not permitted, nor is any parking allowed in reserved spaces except when a space is designated for that specific vehicle. Violations incurred are the responsibility of the driver.

(12) No person may utilize any vehicle parked on campus as a living unit without specific approval from the public safety director. Violators will be cited or towed.

(13) Vehicles are to be maintained in operating condition at all times on university property, except those in a garage, research facility, or automotive shop designated for parking such vehicles by the public safety director. Vehicle repairs or maintenance will not be made on campus unless authorization has been received in advance from the public safety director or designee.

(14) A vehicle which appears to be abandoned, with or without a current parking permit or license plates, may be impounded after an attempt is made to locate and notify the owner of the impending action.

(15) The university assumes no responsibility or liability under any circumstances for vehicles or bicycles parked on campus nor does it assume any liability in connection with its parking program. No bailment of any sort is created by the issuance of a permit.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-430, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-430, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-430, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-430, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.35.120(11). WSR 92-06-068 (Order 92-01), § 516-12-430, filed 3/3/92, effective 3/31/92. Statutory Authority: RCW 28B.35.120(12). WSR 90-17-032, § 516-12-430, filed 8/9/90, effective 9/9/90. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-430, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-430, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-440 Parking areas.

(1) Parking is prohibited in any area not specifically marked as a parking space, designated by a sign, wheelstop, whitepainted lines, and/or white traffic buttons.

(2) Vehicles may park only where assigned by permit except as provided in WAC 516-12-430 (3) or (11).

(3) Spaces designated for specific use are restricted for that designated purpose.

(a) Parking in loading zones is limited to the time posted.

(b) Motorcycles must only be parked in designated "M" lots or at short-term spaces with payment. Motorcycles may not use space assigned to automobiles or bicycles, unless parked at a short-term space with authorized valid payment.

(d) Bicycles must only be parked as provided in chapter 516-13 WAC, Bicycles, mopeds, and other powered devices.

(e) Resident student "R" lots are restricted to permit holders as assigned twenty-four hours per day unless otherwise posted.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-440, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-440, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-440, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 96-14-006, § 516-12-440, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.35.120(12). WSR 90-17-032, § 516-12-440, filed 8/9/90, effective 9/9/90. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-440, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-440, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-450 Permits.

(1) Persons wishing to obtain parking permits are required to complete a registration process established by parking services and pay the corresponding fee. Annual permits are valid for twelve months, academic permits are valid for nine months, and quarterly permits are valid from the first day of the quarter for which issued, except for fall quarter which may coincide with the contracted faculty start date, to the first day of the following quarter. Quarterly permits may be renewed on or before the first day of the winter, spring, and/or summer quarters.

(2) A license plate must be associated with a valid permit. Vehicle license plates must be exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by license plate recognition (LPR).

(3) To enhance the business and operation of the university, all lots (AL) or university business (UB) permits may be issued and renewed by the assistant director of the student business office and parking services. Initial requests for AL and UB permits require a completed application and the signature of the dean, director, or chairperson of the department with whom the person is associated. The approved arrangement may be renewed until the employee's job position or duties change. Issuance requires purchase of a university parking permit. AL and UB permits are valid for brief periods of time only when on university business and are valid only in lots as assigned on the AL or UB permit application.

(4) Persons with a temporary or permanent physical disability who require parking consideration must obtain a state disability parking placard, as well as a valid university disability parking permit.

(5) Permits may be revoked by the assistant director of the student business office and parking services under the following circumstances:

(a) When the purpose for which they were issued changes or ceases to exist.

(b) Falsification of an application or registration for parking.

(d) Failure to comply with a judgment of the appeals board.

(e) Failure to pay outstanding citations.

(f) Removal of a wheel lock without authorization of parking services.

(g) For an unauthorized permit transfer.

(6) University departments that sponsor functions such as athletic events, conferences, seminars, and dinners may arrange parking for their guests on a space available basis. Departments have the option of paying for guest parking; otherwise, their guests will be responsible for the parking fee.

(7) The director of public safety may suspend enforcement during emergencies as declared by the president or designee.

(8) Faculty, staff, or students who purchase an annual, academic, or quarterly parking permit may use the permit on any vehicle they drive but may not transfer ownership of the permit. The individual to whom a permit is issued is jointly responsible with the registered owner for parking violations by any vehicle bearing the permit.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-450, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-450, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-450, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-450, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-450, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-450, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-460 Permit fee.

(1) Permit fee schedules will be approved by the president or designee and be posted on parking services' website.

(2) Cost of permits will be prorated throughout the year according to type and date purchased.

(3) Refunds will be made based on the valid time remaining according to the parking services refund schedule. The balance of any fees and fines owed will be deducted from any refund due.

(a) No refund will be made for a permit after the first thirty calendar days of any quarter. Unused quarters may be refunded in whole at respective rates.

(b) Refunds will not be made upon permit revocation by the assistant director of the student business office and parking services.

(4) Salaried employees have the option of paying for parking through payroll deduction.

(5) The proper fee must be paid for all vehicles parked in short-term lots unless otherwise authorized.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-460, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-460, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-460, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-460, filed 8/15/97, effective 9/15/97
WSR 96-14-006, § 516-12-460, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-460, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-460, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-470 Enforcement.

(1) Parking regulations are subject to enforcement throughout the calendar year unless otherwise posted.

(a) All parking lots have restrictions, which are posted on regulatory signs at lot entrances and within the lots. When there is a conflict, parking services' authorized on-site signs take precedence over other regulations, parking maps, or verbal or written instruction regarding parking information.

(b) Intersession regulations will be determined and published by the assistant director of the student business office and parking services as required.

(c) Enforcement measures are cumulative; using one or more enforcement measures will not prohibit the use of additional measures.

(d) The violation of any parking regulation by other vehicles does not constitute a valid excuse for violating these regulations.

(2) Citations. It is prohibited to park and citations may be issued to vehicles:

(a) Without a valid permit;

(b) Double parked;

(d) In a reserved space without a proper permit;

(e) In a no parking area;

(f) In an accessible parking space without a proper permit and state issued placard;

(g) In fire lanes, service roads, fire exits or within fifteen feet of a fire hydrant;

(h) In service entrances, construction sites, spaces reserved for maintenance vehicles, disability access areas, dumpster access;

(i) On lawns, sidewalks, walk zones, crosswalks, parking lot driveways, straddling painted lines or buttons, or angle parking where prohibited;

(j) Exceeding time in loading zones or short-term spaces;

(k) In areas where a permit is not valid;

(l) Against the flow of traffic;

(m) In areas or spaces closed by barricades or other control devices;

(n) With a license plate that is not exposed to the lane of travel, is not clearly visible, or is obstructed.

(3) Continued violations. A vehicle which remains in violation of any regulation may receive additional citations for every four hours of the violation.

(4) Impoundment by towing or wheel lock:

(a) All violators are subject to having their vehicles impounded through the use of towing or the wheel lock device at their own risk and expense.

(b) Any vehicle may be towed away if the vehicle:

(i) Has been immobilized by wheel lock for more than twenty-four hours;

(ii) Is parked in such a manner as to endanger or potentially endanger the university community or their property or state property;

(iii) Is parked in a fire lane blocking traffic or other posted tow-away zone;

(iv) Is parked so as to deprive a permit holder of space in their assigned lot, reserved space, or accessible parking space without a proper permit;

(v) Is left under circumstances which indicate it has been abandoned;

(vi) Cannot be immobilized with the wheel lock device;

(vii) When a university police officer has probable cause to believe the vehicle is stolen;

(viii) When a university police officer has probable cause to believe that the vehicle contains or constitutes evidence of a crime, and in the police officer's judgment impoundment is necessary to obtain or preserve such evidence;

(ix) When a driver is arrested and/or deprived of the right to leave with the driver's vehicle, and the university police are responsible for the "safekeeping" of the vehicle; or

(x) Is parked at any time on campus when parking privileges have been revoked.

(i) Has an accumulation of two or more unpaid parking tickets, regardless of appeal status, (the second of which has been outstanding for more than seventy-two hours); or

(ii) Has parking privileges revoked.

(d) The university assumes no responsibility or liability for damages which may result from use of the wheel lock device, towing, storage, or attempts to move a vehicle with a wheel lock device installed.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-470, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-470, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-470, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-470, filed 8/15/97, effective 9/15/97
WSR 96-14-006, § 516-12-470, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.35.120(12). WSR 95-09-047, § 516-12-470, filed 4/17/95, effective 5/18/95
WSR 90-17-032, § 516-12-470, filed 8/9/90, effective 9/9/90. Statutory Authority: RCW 28B.35.120(11). WSR 87-18-001 (Resolution No. 6-04-87), § 516-12-470, filed 8/20/87. Statutory Authority: RCW 28B.10.560. WSR 85-14-098 (Resolution No. 85-05), § 516-12-470, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-470, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-12-472 Payment of parking fine and impoundment fee.

(1) Parking fine. Fine schedules will be approved by the president or designee and posted on parking services' website.

(a) Payment of fine is due upon receipt of citation.

(b) If any citation has neither been paid nor appealed after fourteen days beginning with and including the date of the citation, the university shall impose additional fines and may:

(i) Withhold the violator's degree, transcript, or grades until all fines are paid.

(ii) Delay registration for future terms.

(iii) Withhold parking privileges.

(c) After identifying the registered owner of any vehicle which has unpaid fines, parking services will contact the registered owner in writing that payment is required. If payment for outstanding fines is not made by the date required, the matter will be referred to the appropriate collection agency.

(d) The permit holder and registered owner(s) of a vehicle which is involved in a violation of the university's parking regulations are jointly and severally responsible for the violation.

(2) Impoundment fee. Fee schedules will be approved by the president or designee and posted on parking services' website.

(a) The operator/owner of the impounded vehicle must pay all outstanding fines and fees online through parking services' payment portal or at the student business office.

(b) A fee will be assessed on vehicles immobilized by the wheel lock device.

(c) Any vehicle which remains immobilized by wheel lock for more than twenty-four hours in an area where towing is not practical or possible will be assessed a fee for each day or portion thereof over the twenty-four hours.

(d) An impound fee is charged if the driver of the tow truck or the wheel lock operator has performed any labor prior to the vehicle operator/owner returning to the vehicle before the impoundment is completed.

(e) An impounded vehicle shall be released to the operator/owner of the vehicle when all of the following are satisfied:

(i) Positive identification and proof of ownership of the vehicle is provided;

(ii) All unpaid fines against the impounded vehicle or any other vehicle associated with the violator are paid;

(iii) A wheel lock fee is paid;

(iv) All towing and storage fees are paid; and

(v) All associated documentation is completed.

(3) A person wishing to challenge the validity of the impound or any fines or fees imposed under these rules may appeal through the process provided in this chapter.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-472, filed 2/21/18, effective 3/24/18.

Wash. Admin. Code § 516-12-480 Appeals and appeals board.

Any person who wishes to appeal a citation must, within seven days from the date of the citation, complete an appeal at the student business office or online through parking services' website. The person who appeals will be referred to as the appellant.

(1) Payment of a parking fine will not constitute a waiver of the right to an appeal with regard to the underlying violation. The right to an appeal is forfeited seven days from the date of the citation.

(2) The appeal must provide the complete explanation of the basis for the appeal. The only valid basis for an appeal is a contention that the cited regulations were not violated.

(3) The assistant director of the student business office and parking services or designee will review the appeal and issue a decision to the appellant within fourteen days of review. The assistant director of the student business office and parking services or designee may deny the appeal or grant the appeal in whole or in part by dismissing or reducing the citation.

(4) Any appellant who wishes to appeal the decision of the assistant director of the student business office and parking services or designee must pay the full amount of the fine and complete the appeals board review request at the student business office or online through parking services' website. Appeals must be received within fourteen calendar days of the date the decision was issued.

(5) The appeals board is composed of five members. Appointments will be made by professional staff organization (one member), faculty union (one member), staff unions (one member), and associated students (two members). Each member is appointed for a term of one year and may be reappointed for one additional term. The appeals board will choose its own chairperson from its members.

(6) The appeals board will meet throughout the academic year dependent upon the volume of appeals. If an appeals board member has been notified of a meeting at least three days in advance and does not appear, the other appeals board members may proceed with their duties in reviewing appeals. At least three appeals board members are required to conduct a review.

(7) The appeals board has jurisdiction to hear and decide only those cases involving alleged violations of Western Washington University's regulations, chapters 516-12, 516-13, 516-15 WAC.

(8) The appeals board will consider appeals as follows:

(a) Should a personal appearance before the appeals board be desired it should be indicated on the appeals board review request form, otherwise the citation will be adjudicated on the basis of the written submission only.

(b) If a personal appearance is requested, and the appellant cannot appear on the date scheduled, the appellant must notify parking services in writing at least one business day before the scheduled time and request a new date. Only one such rescheduling is permitted. If the appellant does not appear at a scheduled hearing without notification, the appeal will be reviewed on the basis of the written appeal only.

(c) The appeals board operates according to the rights of due process of law. If desired, the appellant has the right to be represented by another person, the right to cross-examine witnesses, and the right to an open and impartial hearing.

(d) Parking services has the right to be represented at hearings and to cross-examine witnesses.

(e) The appeals board may examine witnesses for either side.

(f) At the conclusion of a hearing, and in an open session, the appeals board will specify the charge(s) against the appellant, declare judgment for each charge, and include a reason for each judgment. The appeals board has the authority to deny the appeal, waive, void or refund charge(s) in part or in full, according to the judgment.

(g) The decision of the appeals board will be final. Formal notification will be sent to the appellant and parking services within three business days.

(h) A written record of the judgment, reason, and fine imposed, if any, shall be furnished to parking services by the appeals board chairperson. These records will then be maintained by parking services.

(i) The appellant may appeal the appeals board decision to parking services as delegated by the public safety director within ten days after the final decision has been issued. Parking services shall immediately forward documents to the district court which has jurisdiction to hear the appeal de novo. The appellant is responsible for all associated fees. No appeal may be taken unless the citation has been contested as provided in these rules.

(9) The appeals board chairperson may submit written recommendations about the parking system to the vice president for business and financial affairs by May 31st of each year.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-06-001, § 516-12-480, filed 2/21/18, effective 3/24/18. Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-480, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-480, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-480, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-480, filed 6/28/83, effective 9/19/83.

Chapter 516-13 Bicycles, mopeds, and other powered devices.

Wash. Admin. Code § 516-13-005 Definitions.

As used in this chapter, the following words mean:

(1) "Bicycle." A vehicle with two wheels in tandem usually propelled by pedals connected to the rear wheel by a chain and having handlebars for steering. The term bicycle is intended to include other pedal-powered cycles.

(2) "Electric personal assistive mobility device (EPAMD)." A self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour. This term is intended to include other similar devices as defined in RCW 46.04.304 as now or hereafter amended.

(3) "Moped." A motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters that produces no more than two gross brake horsepower as defined in RCW 46.04.304 as now or hereafter amended.

(4) "Motorized foot scooter." A device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, as defined in RCW 46.04.336 as now or hereafter amended.

(5) "Other powered devices." A device that transports people powered by electric and/or combustion motors except for those licensed under state law for highway use.

(6) "Pedestrian." Any person who is afoot or who is using a wheelchair, a powered wheelchair or a powered scooter for persons with disabilities.

(7) "Walk zone." Any area designated by signs or symbols as a place where bicycles, skateboards, and other regulated devices cannot be ridden during specified periods.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-005, filed 6/1/09, effective 7/2/09.

Wash. Admin. Code § 516-13-010 Purpose and application.

Western Washington University acknowledges that bicycles are an essential component of a sustainable transportation system, providing safe and equitable access to and around campus by all users. This chapter does not apply to electric or manual wheelchairs or powered scooters for use by persons with disabilities. This chapter applies only to bicycles, mopeds, and other powered devices and does not apply to skateboards, foot scooters, skates and other similar devices regulated under chapter 516-15 WAC.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-010, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-010, filed 6/28/83, effective 9/19/83
Order 75-4, § 516-13-010, filed 8/11/75
Order 3085, § 516-13-010, filed 8/9/71.

Wash. Admin. Code § 516-13-015 Licensable motorized devices.

Motorized bicycles and mini-motorcycles are, for the purpose of this regulation, considered to be motorcycles and are subject to all traffic rules and regulations controlling motorcycles. See chapter 516-12 WAC, Parking and traffic regulations.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-015, filed 6/1/09, effective 7/2/09.

Wash. Admin. Code § 516-13-020 Parking regulations.

(1) Parking a bicycle, moped, or other powered devices in public areas of buildings, on a path, sidewalk, walkway, or in such a manner as to block a building exit or entrance creates a safety hazard and impedes pedestrians.

(2) Bicycles, mopeds, and other powered devices are not to be chained to trees, light posts, or designated works of art.

(3) Bicycles, mopeds, and other powered devices are to be parked only in bicycle racks or in specifically designated bicycle parking areas.

(4) Vehicles containing combustible fuel may not be parked inside any university building, except in a garage, research facility, or automotive shop designated for parking such vehicles by the vice president for business and financial affairs.

(5) Improperly parked bicycles, mopeds, and other powered devices are subject to impoundment.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-020, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 96-24-016, § 516-13-020, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-13-020, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-020, filed 6/28/83, effective 9/19/83
Order 75-4, § 516-13-020, filed 8/11/75
Order 3085, § 516-13-020, filed 8/9/71.

Wash. Admin. Code § 516-13-030 Impounding of bicycles, mopeds, and other powered devices.

(1) Bicycles, mopeds, and other powered devices may be impounded for illegal parking.

(2) They will be released upon presentation of proof of ownership and payment of a fee if claimed within seven days. If unclaimed after seven days, they will be subject to disposal as abandoned property. If the owner of an impounded bicycle, mopeds, or other powered device can be identified, the owner will be notified immediately after impound.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-030, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-13-030, filed 3/14/02, effective 4/14/02
WSR 96-24-016, § 516-13-030, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-030, filed 6/28/83, effective 9/19/83
Order 75-4, § 516-13-030, filed 8/11/75
Order 3085, § 516-13-030, filed 8/9/71.

Wash. Admin. Code § 516-13-070 Registration.

Owners of bicycles operated on the Western Washington University campus are encouraged to register their bicycles with the university public safety department. Registration is free and will facilitate identification of stolen or impounded bicycles.

History

Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-070, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-13-080 Operation.

(1) All state of Washington bicycle regulations are applicable on the campus.

(2) All city of Bellingham bicycle regulations are applicable on the campus.

(3) Riders must yield the right of way to pedestrians on campus. Riders will use due caution when riding on campus and are encouraged to wear helmets, use lights, and avoid distractions such as cell phones, ear buds, and other devices that inhibit hearing.

(4) Riders are prohibited from riding in areas specifically designated as permanent and/or temporary walk zones. Riders must dismount and walk their bicycles, mopeds, and other powered devices in designated walk zones from 9 a.m. to 4 p.m. during regular class days, including finals week, during the regular academic year. Designated walk zones are as follows:

(a) In Red Square;

(b) In the congested, narrow walk area from the north side of Engineering Technology to the north side of Carver Gym;

(d) Such other areas as may be designated by the vice president of business and financial affairs.

(5) Riders are permitted to ride in the east-west intertie between Carver Gym, the Art Annex, Bond Hall, and Miller Hall but must yield right of way to pedestrians.

(6) Bicyclists are responsible for following the Bicycle Responsibility Code adopted May 21, 1996, by the student bicycle advisory coalition as amended by the central health and safety committee on June 3, 1996, and February 10, 2009:

(a) Pedestrians have right of way, always.

(b) Stay in control.

(d) Obey the walk zone signs, bicycle speed limits, and obey all traffic laws.

(e) Walk your bike in walk zones and ride slowly in crowded areas.

(f) Minimize impact—Stay off the lawns.

(g) Park and lock bikes only at bike racks.

(h) Know the code!

(7) Riders have speed limits as follows:

(a) Share pedestrian spaces and walkways only at pedestrian walking speeds of three miles per hour, within ten feet of any pedestrian or areas congested with pedestrians.

(b) Otherwise, speeds are limited to pedestrian jogging speeds of seven miles per hour maximum.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-080, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-13-080, filed 3/14/02, effective 4/14/02
WSR 96-24-016, § 516-13-080, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). WSR 92-06-068 (Order 92-01), § 516-13-080, filed 3/3/92, effective 3/31/92
WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-080, filed 6/28/83, effective 9/19/83.

Wash. Admin. Code § 516-13-090 Enforcement.

(1) A rider who refuses to abide by these regulations set forth under chapter 516-13 WAC may be issued a university notice of infraction (NOI).

(2) Penalties. The penalties for violating any part of this chapter shall be progressive. The penalty schedule will be published in the university Fees and Rates Listings and is available at parking services.

Any rider who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense(s) doubled.

Any rider who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense(s) doubled.

Chapter 516-13 WAC notwithstanding, riders remain subject to enforcement of applicable city and state traffic laws while riding upon public roadways or sidewalks.

A rider who refuses to cooperate with a police officer will be subject to arrest for obstructing a law enforcement officer under the provisions of chapter 9A.76 RCW and/or criminal trespass under the provisions of chapter 9A.52 RCW.

(3) Appeal procedure. A university notice of infraction (NOI) may be appealed by filing a completed appeal form at parking services or appeal online at www.ps.wwu.edu within seven days of receipt of the notice of infraction; otherwise, the right to a hearing is forfeited.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-092, § 516-13-090, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-13-090, filed 3/14/02, effective 4/14/02
WSR 99-07-089, § 516-13-090, filed 3/19/99, effective 4/19/99
WSR 96-24-016, § 516-13-090, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). WSR 92-06-068 (Order 92-01), § 516-13-090, filed 3/3/92, effective 3/31/92.

Chapter 516-15 Skateboards, foot scooters, skates, and other similar devices.

Wash. Admin. Code § 516-15-010 Definitions.

As used in this chapter, the following words mean:

(1) "Electric personal assistive mobility device (EPAMD)." A self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour.

(2) "Pedestrian." Any person who is afoot or who is using a wheelchair, a powered wheelchair or a powered scooter for persons with disabilities.

(3) "Skateboard." A flat or curved board, mounted on two or more casters or wheels, manually propelled, and usually made of wood, plastic, fiberglass, or similar materials. The term skateboard is intended to include roller skates, in-line skates, longboards, and foot scooters. It does not include electric or manual wheelchairs or powered scooters for use by persons with disabilities.

(4) "Skateboarder." Is a person using a device included in subsection (3) of this section.

(5) "Walk zone." Any area designated by signs or symbols as a place where bicycles, skateboards, and other regulated devices cannot be ridden during specified periods.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-091, § 516-15-010, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 96-24-015, § 516-15-010, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. WSR 87-21-080 (Resolution No. 87-02), § 516-15-010, filed 10/21/87.

Wash. Admin. Code § 516-15-020 Purpose and application.

Western Washington University acknowledges that skateboards, foot scooters, skates, and other similar devices are sustainable forms of transportation. Use is regulated to protect the campus from physical damage and to provide safe and equitable access. This chapter does not apply to bicycles, electric personal assistive mobility devices or other powered devices regulated under chapter 516-13 WAC.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-091, § 516-15-020, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 96-24-015, § 516-15-020, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. WSR 87-21-080 (Resolution No. 87-02), § 516-15-020, filed 10/21/87.

Wash. Admin. Code § 516-15-045 Operation.

(1) Skateboarders are expected to use skateboards in a safe, responsible manner.

(2) Skateboarders must comply with these regulations to ensure the safe operation, use, and storage of these devices on campus.

(3) Skateboarders must yield the right of way to pedestrians at all times.

(4) Skateboarders must comply with speed limits on campus as follows:

(a) Share pedestrian spaces and walkways only at pedestrian walking speeds, three miles per hour, within ten feet of any pedestrian or areas congested with pedestrians.

(b) Otherwise, skateboard speeds are limited to pedestrian jogging speeds, five to seven miles per hour maximum.

(5) Speeds in excess of seven miles per hour, stunt riding, or any and all other uses of skateboards that may cause property damage and endanger the user or others are prohibited.

(6) Skateboarders are restricted from the following areas: Lawns, benches, stairways, steps, sculpture, art work, hand rails, loading ramps, building interiors.

(7) Skateboarders must dismount and walk in areas specifically designated as permanent or temporary walk zones from 9 a.m. to 4 p.m. during regular class days, including finals week, during the regular academic year. Designated walk zones are as follows:

(a) In Red Square;

(b) In the congested, narrow walk area from the north side of Engineering Technology to the north side of Carver Gym;

(d) Such other areas as may be designated by the vice president for business and financial affairs.

(8) Skateboards may be used in the east-west intertie between Carver Gym, the Art Annex, Bond Hall, and Miller Hall but must yield right of way to pedestrians.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-091, § 516-15-045, filed 6/1/09, effective 7/2/09.

Wash. Admin. Code § 516-15-046 Storage and parking.

Skateboarders must store and maintain control of their devices to prevent harm to others.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-091, § 516-15-046, filed 6/1/09, effective 7/2/09.

Wash. Admin. Code § 516-15-050 Enforcement.

(1) A skateboarder who refuses to abide by the rules and regulations set forth under chapter 516-15 WAC may be issued a university notice of infraction (NOI) for one or more of the following:

(a) Failure to yield right of way to a pedestrian;

(b) Failure to stay in control of the skateboard;

(d) Failure to dismount in walk zone areas;

(e) Failure to responsibly store the skateboard;

(f) Riding in a restricted area; and

(g) Failure to use due care and caution.

Any person who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense doubled.

Any person using a skateboard, skates, or similar device who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense doubled.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 09-12-091, § 516-15-050, filed 6/1/09, effective 7/2/09. Statutory Authority: RCW 28B.35.120(12). WSR 99-07-089, § 516-15-050, filed 3/19/99, effective 4/19/99
WSR 96-24-015, § 516-15-050, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. WSR 87-21-080 (Resolution No. 87-02), § 516-15-050, filed 10/21/87.

Chapter 516-21 Student conduct code.

Wash. Admin. Code § 516-21-010 Introduction.

The student conduct code is intended to support the mission and values of Western Washington University by promoting integrity, responsibility, and accountability. As a public institution of higher education, the university is committed to maintaining a learning environment that supports student development through fostering community values and promoting holistic wellness for the Western community. As members of this community, students are expected to understand and comply with the student conduct code, as well as other university rules, regulations, procedures, and policies.

The board of trustees of Western Washington University, acting under the authority of RCW 28B.35.120(12) has established the following regulations for student conduct. The responsibility for enforcement of the student conduct code lies with the university president or the president's designee.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-010, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-010, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-010, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-010, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-010, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-020 Definitions.

As used in this chapter, the following words and phrases mean:

(1) Catalog. The Western Washington University General Catalog.

(2) Code. The student conduct code.

(3) Conduct board. The persons designated by the dean of student life to consider a conduct matter, typically for a full hearing but may also be convened for an appeal. Conduct board members are experienced and were provided appropriate training specific to their role.

(4) Conduct hold. A block placed on a student's official university record at the request of a conduct officer or dean of student life. A conduct hold prohibits a student from registering for classes, and may prohibit the request of an official transcript, or receiving a degree from the university until the hold has been removed.

(5) Conduct officer. A conduct officer or their authorized designee as determined by the dean of student life. Conduct officers include conduct board members and all receive appropriate training as required for decision makers under Title IX regulations.

(6) Day. Any day, Monday through Friday (excluding holidays), during which university offices are open.

(7) Dean of student life. The person designated by the university president for oversight and administration of the code.

(8) Guest. Any person who is not a member of the university community, who is on university property or attending an official university function at the invitation and/or hosting of a student.

(9) Member of the university community. Any person who is a student, university official, registered volunteer or who is otherwise employed or contracted by the university. Any question regarding a person's status in a particular situation for purposes of this code shall be determined by the dean of student life.

(10) Official university function. Any live or virtual activity, on or off campus, that is initiated, sponsored, or supervised by any entity of Western Washington University.

(11) Preponderance of evidence. Defined as "more likely than not," the standard of responsibility that is used when determining whether a violation of the student conduct code has occurred.

(12) Reasonable person similarly situated. The standard of a reasonable person taking into consideration any particularized circumstances, perspectives, and identities of the complainant within the context of the alleged conduct/incident.

(13) Retaliation. Retaliation includes, but is not limited to, intimidation, threats, harassment, and/or other adverse action taken against any student or other person for filing a complaint or participating in a university investigation or student conduct proceeding in good faith.

(14) Sexual violence. Sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

(15) Shuttle diplomacy. Resolution without direct contact between parties.

(16) Student. Any person who:

(a) Has been formally admitted to the university;

(b) Is enrolled in one or more classes at the university, including nonmatriculated international students attending language institutes or foreign study programs;

(c) Is participating in a certificate, degree, distance learning, or professional enrichment program, through extended education and summer programs;

(d) Is participating in a university-sponsored study abroad program;

(e) Was enrolled in a prior quarter or summer session at the university and is eligible to continue enrollment in the quarter or summer session that immediately follows; or

(f) Withdrew from the university after an alleged violation of the code, for conduct that occurred while they were enrolled in or participating in a program offered by the university.

(17) Title IX. Title IX refers to any behavior covered under federal regulation and investigated by Western's office of civil rights and Title IX compliance. Definitions and regulations related to alleged violations of Title IX begin in WAC 516-21-291. How the university responds to and addresses discrimination on the basis of sex (including sex-based characteristics, sex-based stereotypes, pregnancy and related conditions, gender identity, or sexual orientation), and related retaliation are governed by state and federal laws, regulations, and court rulings in addition to university policy under POL-U1600.02 and POL-U1600.04. To the extent this code conflicts with state or federal law, state or federal law shall take precedence.

(18) University. Western Washington University and all associated programs, including those offered online and/or at off-campus program sites and includes those properties identified in subsection (20) of this section.

(19) University official. Any person employed or contracted by the university, who is performing assigned teaching, administrative, or professional responsibilities. University officials may be full- or part-time and may include student staff members.

(20) University property. All land, buildings, facilities, electronic presences, and other property that is owned, used, leased, or controlled by Western Washington University wherever located. University property also includes computer systems, virtual programs and platforms, and adjacent streets and sidewalks.

(21) WAC. An abbreviation for the Washington Administrative Code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-020, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-020, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-020, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-020, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-020, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-030 Jurisdiction.

(1) General. The student conduct code applies to all student conduct that occurs on university property or in connection with any official university function including university-sponsored activities and transit to/from university functions or activities.

(2) Off-campus conduct. In addition to subsection (1) of this section, student conduct that occurs off campus may be subject to the student conduct code when it:

(a) Adversely affects the safety or well-being of any member of the university community; or

(b) Adversely affects the pursuit of the university's vision, mission, or values; or

In determining whether to exercise jurisdiction over such conduct, a conduct officer shall consider the seriousness of the alleged offense, the risk of harm involved, and whether the alleged complainant(s) are members of the university community. Any question of interpretation or application of jurisdiction shall be referred to the dean of student life for final determination.

(3) Students are responsible for their conduct from the time they have confirmed their enrollment at Western through the awarding of their degree. This includes conduct that occurs before classes begin, after classes end, and during periods between actual terms of enrollment.

(4) Online conduct. The student conduct code applies to behavior conducted online, via electronic mail, text message, or other electronic means, subject to subsections (1) and (2) of this section.

(5) International and national study programs. Students who participate in any university-sponsored or sanctioned international or national study program must observe the following rules and regulations:

(a) The laws of the host country and/or state;

(b) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying;

(d) These standards of conduct.

(6) A student with a pending conduct violation may not avoid the conduct process by withdrawing from the university. In these circumstances, either:

(a) The university will proceed with the conduct process and, if so, the respondent will be provided with a continued opportunity to participate; and/or

(b) A conduct hold may be placed on the student's official record, preventing them from registering for classes, requesting an official transcript, or receiving a degree from the university. This hold will remain in place until the student has met with the conduct officer to discuss the alleged conduct violation(s) and may include completion of conduct process.

(7) The code applies to the conduct of any student employee whose position is conditioned upon their student status.

(8) Sanctions against student organizations are decided by procedures established by the university administrative unit governing that organization's recognition. Conduct proceedings against individual member(s) of a student organization can be initiated under this code, independent of any departmental action(s) taken against the student organization.

(9) Recognized or registered student organizations that violate university policies and the standards of conduct are subject to sanctions. A recognized or registered student organization may be held accountable for the behavior of its officers, members, or guests when the university demonstrates that:

(a) The organization or its officers should have foreseen that behavior constituting a violation was likely to occur, yet failed to take reasonable precautions against such behavior;

(b) A policy or practice of the organization was responsible for a violation; or

(c) The behavior constituting a violation was committed by, condoned by, or involved multiple organization officers, members, or guests.

(10) Relationship between student conduct process and other legal processes. The university is not required to stay a student conduct proceeding pending any criminal or civil proceeding, nor must the disposition of any such criminal or civil proceeding control the outcome of any student conduct proceeding.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-030, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-030, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-030, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-030, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-030, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-040 Student responsibility for guests.

(1) Guests and visitors on university property or at official university functions are expected to follow all university policies and procedures, as well as all applicable local, state, and federal laws and regulations.

(2) Students who invite guests into their campus residence hall or apartment, or to official university functions open only to Western students, are responsible for the behavior of their guests. As a result, a student may be held responsible for any alleged violation(s) of the code committed by their guests. See also WAC 516-24-001 Conduct of campus guests and visitors.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-040, filed 12/10/21, effective 12/11/21
WSR 12-01-021, § 516-21-040, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-050 Academic dishonesty.

The university's policy and procedures regarding academic dishonesty are addressed in the academic honesty policy and procedure. As noted in the policy, academic dishonesty at Western Washington University is a serious infraction dealt with severely. For a list of actions that constitute academic dishonesty, refer to the academic honesty policy and procedure in the catalog.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-050, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-055 Amnesty.

(1) In situations involving intoxication, alcohol poisoning, or drug-related medical issues, students are encouraged to seek swift medical assistance for themselves and others without fear of penalty. Students requesting and receiving medical assistance in these situations are not typically subject to the student conduct process. This policy refers to isolated incidents and does not excuse students who repeatedly or flagrantly violate the alcohol or drug policy, nor does it preclude action arising from other violations of the code. Western will consider the positive impact of reporting a situation when determining any course of action.

(2) Complainants and witnesses who in good faith report sexual violence will not be subject to alcohol or drug violations of the code occurring at or near the time of the sexual violence unless their own conduct placed another person's health or safety at risk. Without imposing sanctions, Western may initiate educational remedies regarding alcohol or drug use.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-055, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-055, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-060 Conduct that harms or threatens health or safety.

Conduct that harms, attempts to harm, or threatens the health or safety of any member of the Western community by any means (e.g., in person, through a third party, online) is a violation of the code. This includes, but is not limited to:

(1) Physical assault.

(2) Any threat stated or implied, to the health, safety or well-being of others.

(3) Any contact or communication of a threatening nature that intimidates, harasses, and would cause a reasonable person similarly situated to fear for their safety or well-being.

(4) Intoxication or impairment through the use of alcohol or other substances to the point that a student is unable to exercise care for their own safety or well-being.

(5) Sexual violence including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-060, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-060, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-060, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-060, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-070 Disruptive behavior.

Behavior that substantially disrupts, disturbs, or interferes with the ability of students to learn or their on-campus living environment or the ability of university officials to perform their assigned duties is a violation of the code. Disruptive behavior includes, but is not limited to:

Any behavior that substantially disrupts, disturbs, or interferes with:

(1) Classroom activities or other educational pursuits;

(2) Official university activities or functions including, but not limited to, ceremonies, meetings, office functions, performances, or athletic events;

(3) Pedestrian or vehicular traffic; or

(4) The preservation and protection of university property and/or the personal property of members of the university community.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-070, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-070, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-070, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-080 Failure to comply.

Failure to comply with the instructions or directives of any university official or other public official acting in performance of their duties, or failure to identify oneself when asked to do so by a university official or other public official acting in performance of their duties, is a violation of the code.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-080, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-090 False information.

Providing or creating false information is a violation of the code. False information includes, but is not limited to:

(1) Forging, altering, mutilating, or destroying any university document or record, or entering false information into such documents or records;

(2) Possessing or presenting as authentic any falsified document, record, or identification;

(3) Intentionally making false accusations or charges against another member of the university community; and

(4) Knowingly providing false information or statements to any university official or other public official acting in performance of their duties.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-090, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-100 Fire safety and false alarms.

Tampering with, altering, or disabling fire safety equipment, including emergency call devices, fire alarms, fire exits, fire extinguishers, smoke/heat detectors, or sprinkler systems; intentionally activating a fire alarm; making a false report of a fire or other emergency; or refusing to leave a building when a fire alarm sounds or when directed to by a university official or by emergency personnel are violations of the code.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-100, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-110 Harassment (other than sexual harassment or discriminatory harassment).

Harassment is conduct by any means that is severe or pervasive. It is of such a nature that it would cause a reasonable person in the complainant's position substantial emotional distress and undermine their ability to work, study, or participate in their regular life activities or participate in the activities of the university. Harassment causes the complainant substantial emotional distress and undermines the complainant's ability to work, study, or participate in the complainant's regular life activities or participate in the activities of the university and harassment is a violation of the code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-110, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-110, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-110, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-110, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-115 Discrimination and discriminatory harassment.

Discrimination or discriminatory harassment is prohibited on the basis of race, ethnicity, color, national origin, age, citizenship or immigration status, pregnancy, use of protective leave, genetic status, sex, sexual orientation, gender identity, gender expression, marital status, creed, religion, veteran or military status, disability or the use of a trained guide dog or service animal (including service animals in training) by a person with a disability; and as defined in Western Washington University policy POL-U1600.02 and POL-U1600.04, which prohibit discrimination, sexual harassment, and sexual misconduct. Anyone filing or involved in a complaint of discrimination is protected against retaliation.

(1) Sexual harassment is a violation of the code. Sexual harassment is any unwelcome conduct of a sexual nature including unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, electronic, or physical conduct of a sexual nature, when:

(a) It has a tangible impact on a student's education including, but not limited to, classroom experiences, academic grades, living environment, participation in a university activity; or

(b) It is sufficiently severe, persistent and pervasive to interfere with a member of the university community's ability to work, study, or participate in their regular activities, or benefit from the university's programs or activities and creates a hostile environment.

(2) Gender-based harassment includes nonsexual acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on a person's gender or nonconformity with gender stereotypes, and is a violation of the code. Gender-based harassment violates this code when it is sufficiently severe and/or pervasive, such that it denies or limits another's ability to work, study, participate in, or benefit from the university's programs or activities.

(3) Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination. Sexual violence is a violation of the code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-115, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-115, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-115, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-120 Hazing.

Hazing, defined as any act that, as an explicit or implicit condition for initiation or admission into, affiliation with, or continued membership in a group or organization, endangers the health, safety, or well-being of any member of the university community, is a violation of the code. Examples of hazing include, but are not limited to:

(1) Requiring the consumption of any food, alcohol, drug, or other substance.

(2) Requiring forced participation in physical activities, including calisthenics, exercise, or other games or activities that entail physical exertion.

(3) Creation of excessive fatigue including requiring exposure to weather elements or to other physically or emotionally uncomfortable situations, such as sleep deprivation, confinement in small spaces, physical bondage, and/or taking a student to an outlying area and dropping them off.

(4) Requiring conduct that can be reasonably expected to embarrass another, including the performance of public stunts or activities such as scavenger hunts or other degrading or humiliating activities.

(5) Requiring anything that would be illegal under city, state, or federal law, or in violation of any university policies or procedures, including the code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-120, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-120, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-130 Alcohol.

Except as permitted by law (e.g., possession or use by a person of legal age) and/or university policy, the possession, use, distribution, or sale of alcohol while on university property or at an official university function is a violation of the code. See also Policy Concerning Alcohol and Other Drugs in the appendices section of the university catalog.

History

Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-130, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-130, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-140 Drugs and paraphernalia.

Except as permitted by law and university policy, the possession, use, cultivation, manufacturing, packaging, distribution, or provision of a controlled or illegal substance or the possession of drug paraphernalia while on university property or at an official university function is a violation of the code. This code violation also includes the intentional misuse or distribution of prescription drugs or inhalants; including volatile, aerosols, gases, and nitrites. See also Policy Concerning Alcohol and Other Drugs in the appendices section of the university catalog.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-140, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-140, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-140, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-150 Interfering with a university complaint process.

Interfering with a university complaint process is a violation of the code. This includes, but is not limited to:

(1) Giving a false report or claim;

(2) Attempting to influence the impartiality of any decision maker including appeals board member(s);

(3) Participating in or encouraging retaliation against a complainant or witness;

(4) Threatening, harassing, or intimidating complainants or witnesses;

(5) Disrupting or interfering with the orderly conduct of a hearing or meeting; and

(6) Failing to comply with any sanction(s) imposed as the result of a code violation.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-150, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-150, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-150, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-160 Misuse of computers, electronic data or communication systems.

Misuse of computers, electronic data, or communication systems is a violation of the code. This includes, but is not limited to:

(1) Unauthorized entry into a file, web page, email account, or online profile to use, download, read, transfer, or change the contents, or for any other purpose;

(2) Unauthorized use of another person's university-issued identification and password;

(3) The use of campus computing facilities, networks (including wireless networks), equipment, or services to interfere with the normal operation of the university computing system or the work of any member of the university community;

(4) The use of campus computing facilities, networks (including wireless networks), equipment, or services to "cyber stalk" another person or to send obscene, abusive, harassing, or sexually harassing messages;

(5) The use of campus computing facilities, networks (including wireless networks), equipment, or services to illegally copy, distribute, download, or upload information (including movies, music, or other digital content) from the internet or any electronic source;

(6) The use of campus computing facilities, networks (including wireless networks), equipment, or services to illegally copy, reproduce, or distribute licensed software;

(7) Attempting to modify system facilities or networks, including the introduction of electronic vandalism (e.g., "viruses," "worms," or other disruptive/destructive programs) into university computing resources or those connected to it by the network; and

(8) The use of campus computing facilities, networks (including wireless networks), equipment or services for personal profit or for any use other than authorized university business.

Students are also responsible for reading and complying with all provisions set forth in the Western Washington University policy for responsible computing, the user agreement for WWU network and computing resources, and the using copyrighted materials policy.

History

Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-160, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-160, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-170 Obstructing police and safety personnel.

Obstructing, interfering with, or delaying police or other fire, safety, or emergency personnel is a violation of the code.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-170, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-180 Sexual misconduct.

Sexual misconduct is a violation of the code and includes nonconsensual sexual contact, sexual exploitation, and sexual violence (sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination). See also WAC 516-21-110 Harassment (other than sexual harassment or discriminatory harassment), WAC 516-21-115 Discrimination or discriminatory harassment, WAC 516-21-060 Conduct that harms or threatens, WAC 516-21-188 Stalking, WAC 516-21-184 Dating violence, and WAC 516-21-186 Domestic violence.

(1) Consent to any sexual activity must be clear, knowing, and voluntary. Anything less is equivalent to a "no." Clear, knowing, and voluntary consent to sexual activity requires that, at the time of the act, actual words or conduct demonstrate clear permission regarding willingness to engage in sexual activity and the conditions of such activity. Silence or passivity is not consent. Consent is ongoing and can be withdrawn at any time. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:

(a) Force or coercion is threatened or used to procure compliance with the sexual activity;

(i) Force is the use of physical violence, physical force, threat, or intimidation to overcome resistance or gain consent to sexual activity.

(ii) Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to obtain consent from another. When an individual makes it clear through words or actions that they do not want to engage in sexual contact, want to stop, or do not want to go past a certain point of sexual interaction, continued pressure beyond that point may be coercive. Other examples of coercion may include using blackmail, extortion, or a position of power to overcome resistance or gain consent to sexual activity.

(b) The person is asleep, unconscious, or physically unable to communicate their unwillingness to engage in sexual activity; or

(c) The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, the influence of alcohol or another substance, or some other cause. When alcohol or drugs are involved, a person is considered incapacitated or unable to give valid consent if they cannot fully understand the details of the sexual interaction (i.e., who, what, when, where, why, and how), and/or they lack the capacity to reasonably understand the situation and to make rational, reasonable decisions.

(2) Sexual assault is attempted or actual nonconsensual penetration, no matter how slight, of the vagina or anus by any body part or object; or of another's vagina, anus, or mouth by a penis. Sexual assault is also nonconsensual sexual contact or any intentional sexual touching, however slight, with any object or body part, by one person against another person's intimate parts (genitals or genital area, breast, or buttock (clothed or unclothed). This includes any intentional bodily contact of one's own intimate area with another person.

(3) Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses explained above.

(4) Use of alcohol or other drugs is not a valid defense to a violation of this policy.

(5) Sexual misconduct represents a range of behaviors; it can occur between strangers or acquaintances, including individuals involved in an intimate or sexual relationship. Sexual misconduct can be committed by individuals or groups of individuals directed to one or more people and can occur between people of the same or different sex. See also University Policy U1600.04 Preventing and Responding to Sexual Harassment Under Title IX.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-180, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-180, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-180, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-184 Dating violence.

Conduct by a student who is or has been in a romantic or intimate relationship with another that intentionally or recklessly causes bodily injury or places another in reasonable fear of bodily injury is a violation of the code. The nature of the relationship is determined by the length, type, and frequency of interaction between them. Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-184, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-184, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-186 Domestic violence.

Conduct by a student with whom the victim shares a child in common, who is cohabitating with or has cohabitated with another as a spouse or a person situated to a spouse by law with another that includes physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking. Sexual violence includes sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-186, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-186, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-188 Stalking.

Engaging in a course of unwelcomed conduct (e.g., following, monitoring, observing, surveilling, threatening, communicating or interfering with property) directed at a specific person that would cause a reasonable person to fear for their safety, or the safety of others, or suffer substantial emotional distress, is a violation of the code. Stalking includes, but is not limited to, conduct occurring in person, electronically, and/or through a third party.

History

Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-188, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-190 Student violation of the law.

Students are expected to abide by all local, state, and federal laws while on campus or at official university functions. Failure to comply with these laws is a violation of the code.

Western reserves the right to take action if a student's off-campus conduct is determined to adversely affect the safety or well-being of any member of the university community or the pursuit of the university's vision, mission, or values as set forth in WAC 516-21-030 Jurisdiction.

Proceedings under the code may be carried out prior to, simultaneously, or following civil or criminal proceedings in the courts. Due to the standard of proof under the code (preponderance of evidence) differing from that of criminal law, decisions made through the student conduct process are not subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced by a court of law.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-190, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-190, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-190, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-195 Notification of criminal arrest.

Failure by the student to notify the office of student life of any off-campus felony arrest, or when the arrest is for an offense that is violent, weapons-related, involves kidnapping, or requires that the student register as a sex offender by any legal authority within the U.S., within five calendar days of release from custody is a violation of the code. The university may send a letter to the student requiring that they make an appointment for an interview. During this interview, the dean of student life or their designee shall discuss with the student:

(1) The facts involved in the student's arrest;

(2) The student's obligation to keep the university informed of the progress of any criminal charge(s);

(3) The student's obligation to advise the university of the final disposition of any criminal charge(s); and

(4) Whether the behavior falls under jurisdiction of the student code.

The university will cooperate with law enforcement and other agencies administering a corrective or rehabilitative program for the student. See also POL-U5620.02 Notifying Campus Community About Sex and Kidnapping Offenders.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-195, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-195, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-195, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-200 Theft or intentional damage of property.

Theft or intentional damage of property is a violation of the code. Theft includes, but is not limited to, attempted or actual theft of university property or services or the property or services of any member of the university community, visitors, or guests. It is also prohibited to possess stolen property or to intentionally damage, destroy, or vandalize the property of the university or others.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-200, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-210 Trespassing.

Trespassing is a violation of the code. Trespassing includes, but is not limited to:

(1) Unauthorized entry into, occupation, or use of any university-owned or controlled property, equipment, or facilities;

(2) Unauthorized entry into, occupation, or use of any restricted areas of the campus, including research areas and utility tunnels;

(3) Unauthorized possession, duplication, or use of keys, including cards or alphanumeric pass-codes, to any university-owned or controlled property, equipment, or facilities; and

(4) Remaining in or on university-owned or controlled property after permission to remain has been revoked by any university official, including university police.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-210, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-215 Violation of university policy, rule, or regulation.

Violation of any published university policy, rule, or regulation is a violation of the code.

History

Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-215, filed 2/15/17, effective 3/18/17.

Wash. Admin. Code § 516-21-220 Weapons and destructive devices.

Possession, use, storage, or manufacture of firearms, ammunition, explosives, or other weapons or destructive devices capable of causing bodily injury or damage to property, on university property or at official university functions, is a violation of the code. Weapons and destructive devices include, but are not limited to, the unauthorized use or possession of:

(1) Firearms or projectile devices of any kind, including BB, pellet, paintball, and airsoft guns, bow and arrow, and sling shots;

(2) Martial arts weapons of any kind, including nunchucks, swords, or throwing stars;

(3) Fireworks of any kind;

(4) Dangerous chemicals;

(5) Any knife with a blade longer than three inches (excluding kitchen utensils); and

(6) Weapons classified as dangerous in RCW 9.41.250.

This does not include the lawful possession of any personal protection spray device authorized under RCW 9.91.160.

See also WAC 516-52-020 Weapons and armaments prohibited.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-17-176, § 516-21-220, filed 8/22/18, effective 9/22/18. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-220, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-220, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-230 Sanctions.

Sanctions are intended to facilitate student learning, promote personal and community development, and maintain the safety of the university community. When a student accepts responsibility or is found in violation of the code, a conduct officer may impose one or more of the sanctions listed in this section. This list of sanctions is not meant to be exclusive. Other sanctions may be applied in each case at the conduct officer's discretion.

(1) Warning. A formal written notice to the student that a violation of the code has occurred, and that further violations may result in additional sanctions under the code.

(2) Conditional status. A probationary status imposed for a specific period of time, during which the student must demonstrate conduct that meets university expectations. Conditions restricting the student's privileges or eligibility for activities may be imposed. Violations of any conditions specified in the notice of conditional status or violations of any other university policies or regulations during the period of the sanction, may result in additional sanctions under the code.

(3) Loss of privileges. A student may be denied specific privileges (e.g., participation in specific activities, restriction from specific areas of campus, etc.) on a temporary or permanent basis. Violations of any conditions specified in the notice of loss of privileges or violations of any other university policies or regulations during the period of the sanction, may result in additional sanctions under the code.

(4) Restriction from contacting others ("no contact" order). A student may be restricted from direct or indirect physical, verbal, or electronic contact with another person and/or group. Indirect or direct contact made with another person or group while a "no contact" order is in place may result in additional sanctions under the code.

(5) Educational activities. A student may be required to engage in educational activities related to violation(s) of the code. Such activities may include, but are not limited to, required attendance at educational programs, community service, conducting research projects, writing assignments, and/or meeting with campus officials.

(6) Assessment, counseling, or treatment programs. A student may be required to participate in an assessment, counseling, and/or treatment program (at the student's expense), to address substance abuse, anger issues, or other issues or types of behaviors that pose a threat to the safety or well-being of others.

(7) Restitution. A student may be required to provide compensation for loss, damage, or injury resulting from a violation of the code. Restitution may take the form of monetary or material replacement or appropriate service to repair or otherwise compensate for the loss, damage, and/or injury caused.

(8) Parental notification. Parents may be notified of conduct findings when a student under the age of twenty-one is found responsible for violations involving alcohol and/or drugs. When possible, students whose parents are to be notified will be informed before such notification occurs and given an opportunity to initiate contact with their parents.

(9) Campus residence hall or apartment relocation. A student's on-campus living arrangements may be transferred to another residence hall or apartment.

(10) Termination of university residences agreement. A student may be removed from their campus residence hall or apartment and their housing agreement terminated.

(11) Suspension from the university. A student may be removed from the university for a designated period of time, after which the student will be eligible to return. While suspended, the student is trespassed from all university facilities and prohibited from participating in official university functions. Specific conditions for readmission to the university may be imposed (e.g., counseling, completion of substance abuse treatment, etc.).

(12) Deferred suspension. A student may receive a notice of deferred suspension from the university, with a provision that they are allowed to remain enrolled contingent on meeting specific conditions. Failure to meet any condition(s) specified in the notice of deferred suspension will result in immediate suspension from the university.

(13) Expulsion from the university. A student may be permanently separated from the university. A student who has been expelled is not eligible for readmission.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-230, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-230, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-230, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-240 Student conduct process.

(1) The university president or the president's designee is responsible for administration of the code. Supervision of the code has been delegated by the president to the dean of student life.

(2) A conduct officer(s) shall be appointed and supervised by the dean of student life or their authorized designee. A conduct officer has the authority to consider complaints, make findings, and administer sanctions for violations of the code. In complaints alleging a violation of any type of sexual misconduct or gender-based discrimination including Title IX sexual harassment which encompasses quid pro quo harassment, hostile environment, domestic violence, dating violence, stalking or sexual assault which includes nonconsensual sexual intercourse, nonconsensual sexual contact, incest or statutory rape, complaints should be made to Western Washington University's office of civil rights and Title IX compliance. A final investigation report from Western Washington University's office of civil rights and Title IX compliance (or their designee) will be provided to the conduct officer. The conduct officer will then consider this report and make a referral to the conduct board in matters requiring a full hearing.

(3) Conduct officers, conduct board, and the dean of student life or authorized designees have full authority to administer a decision under the code.

(4) Consolidation. In any student conduct matter in which there are common issues or parties, the conduct officer or presiding officer may decide to consolidate the proceedings. This decision is within the sole discretion of the conduct officer or presiding officer.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-240, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-240, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-240, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-240, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-240, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-245 Interim measures.

After receiving a complaint of misconduct, the dean of student life may implement interim measures intended to safeguard a member, or members, of the Western community. An interim measure will be as minimally restrictive as possible and will remain in place until the complaint is resolved. Interim measures can include administrative no-contact orders, trespass orders, or similar directives. Notices for interim measures are made in writing and will include how an objection can be raised.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-245, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-245, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-250 Student rights in the conduct process.

Alleged violations of the code will be resolved through the student conduct process, respecting fairness and due process for all involved parties.

(1) A student accused of violating the code, known as the respondent, has certain rights in the conduct process. These include the right to:

(a) Receive prior written notice to attend meetings with a conduct officer or hearings with an appeals board;

(b) Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;

(c) Be accompanied through the conduct process by an advisor of their choice and at their own expense. A respondent should select as an advisor a person who is not involved in the same complaint and whose schedule allows attendance at the scheduled date and time for the scheduled meeting or hearing. The scheduling conflicts of an advisor are not considered good cause for a delay;

(d) Remain silent or decline to respond to any question(s) during any conduct meeting or hearing;

(e) Review information relied upon by the conduct officer or appeals board in making a determination;

(f) Receive written notification of the findings, decision, and basis for each delivered within seven business days of the date of the final meeting with a conduct officer, or 10 business days of the date of a hearing with an appeals board;

(g) Request an appeal of a decision by a conduct officer, as described in WAC 516-21-280 Basis for appeal;

(h) Request a review of an appeal, as described in WAC 516-21-280 Basis for appeal; and

(i) Waive any of the rights contained in this section.

(2) An individual who has filed a complaint alleging violence or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, known as the complainant, has certain rights in the conduct process. These include the right to:

(a) Receive prior written notice to attend meetings with a conduct officer or hearings with an appeals board;

(b) Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;

(c) Be accompanied through the conduct process by an advisor of their choice and at their own expense. A complainant should select as an advisor a person who is not involved in the complaint and whose schedule allows attendance at the scheduled date and time for the scheduled meeting or hearing. The scheduling conflicts of an advisor are not considered good cause for a delay;

(d) Remain silent or decline to respond to any question(s) during the conduct meeting;

(e) Review information relied upon by the conduct officer or appeals board in making a determination;

(f) Receive written notification of the findings, decision and basis for each, delivered within seven business days of the date of the respondent's final meeting with a conduct officer or 10 business days of the date of a hearing with an appeals board;

(g) Request an appeal of a decision by a conduct officer, as described in WAC 516-21-280 Basis for appeal;

(h) Request a review of an appeal, as described in WAC 516-21-280 Basis for appeal; and

(i) Waive any of the rights contained in this section.

(3) For incidents involving sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, complainants shall have the following additional rights:

(a) To be notified of the availability of counseling, academic support, and general assistance and support resources, both on campus and in the surrounding community;

(b) Have past behavior unrelated to the alleged behavior excluded; the conduct officer, appeals board chair, or dean of student life will make a final determination regarding such behavior if in question;

(d) Submit an oral or written impact statement to the conduct officer, and/or appeals board, and/or dean of student life (if applicable), for consideration;

(e) To request an administrative no contact order against the respondent(s) during the conduct process;

(f) To have alternative accommodations to avoid being in the physical presence of the respondent during the conduct process; and

(g) Be free of any form of retaliation. Complainants should report any retaliation that occurs for further action. See POL-U1600.02 Ensuring Equal Opportunity and Prohibiting Discrimination and Retaliation.

(4) Respondents and complainants have the right to request reasonable accommodations through Western's disability access center, and to have the reason for such requests be kept private from another involved party.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-250, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-250, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-250, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-250, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-260 Procedures for immediate interim suspension.

In consultation with university officials, the dean of student life may suspend a student from the university on an immediate interim basis, pending criminal proceedings, or a medical evaluation, and/or action through the student conduct process.

(1) An interim suspension may only be imposed when the dean of student life has cause to believe that the student:

(a) Has violated the student conduct code; and

(b) Poses an immediate danger to the safety or security of the university community; and/or

(2) During the interim suspension, a student may be denied access to university activities and privileges, including access to classes, university property, and/or campus residence halls and apartments.

(3) A student suspended from the university on an interim basis shall be notified in writing of the terms of the interim suspension. The notice, which shall be delivered via email and in person, if possible, shall include the alleged violation(s), the circumstances, reasons, and terms of the interim suspension, and the time, date and location of a meeting to discuss the interim suspension.

(4) The interim suspension meeting shall occur no fewer than three business days and no more than seven business days from the date that the notification is sent. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon. The purpose of the interim suspension meeting is for the student to have an opportunity to demonstrate why the terms specified in the interim suspension notice should not continue, or why the suspension should be less restrictive.

(5) Cases of interim suspension are given priority through the student conduct process. The interim suspension will remain in effect until a final decision has been made on the pending code violation(s) or until the dean of student life determines that the reasons for imposing the interim suspension no longer exist or are not supported by available evidence.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-260, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-260, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-260, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-260, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-270 Proceedings for violations of the code.

(1) Any member of the university community may file a complaint against a student for a violation of the student conduct code. A complaint should be made in writing to the office of student life. Additionally, information received from any source (police report, third party, online, etc.) may be considered a complaint.

(2) After a consideration of the complaint, a conduct officer may take any of the following actions:

(a) Review the complaint, and make a determination to resolve it through a brief hearing or full hearing, and communicate that decision to the relevant parties;

(b) Terminate the proceeding and enter a finding that there is no violation of the code and/or that the respondent is not responsible for the alleged conduct violation;

(c) Dismiss the complaint, which may be reopened at a later date if relevant information that was unknown to the conduct officer arises; or

(d) A conduct officer may resolve a matter by agreement/alternative dispute resolution. Agreements may be reached directly or through alternative dispute resolution including, but not limited to, shuttle diplomacy or mediation. When resolution of a matter is reached by agreement or alternative dispute resolution, the agreement must be in writing and signed by the parties and the conduct officer. In the agreement, the parties must be advised in writing that:

(i) The disposition is final and they are waiving any right to a hearing on the matter, including any right to appeal; and

(ii) If any party decides not to sign the agreement, and the matter proceeds to a hearing, neither the agreement nor a party's refusal to sign will be used against either party in the student conduct process. Complaints alleging conduct covered by Title IX are not subject to agreement/alternative dispute resolution through the student conduct process.

(3) In complaints alleging a violation of any type of sexual misconduct or gender-based discrimination including Title IX sexual harassment which encompasses quid pro quo harassment, hostile environment, domestic violence, dating violence, stalking or sexual assault which includes nonconsensual sexual intercourse, nonconsensual sexual contact, incest or statutory rape, complaints should be made to Western Washington University's office of civil rights and Title IX compliance. A final investigation report from Western Washington University's office of civil rights and Title IX compliance (or their designee) will be provided to the conduct officer. The conduct officer will then make determinations regarding which code prohibitions may have been violated, and whether to resolve the matter through a brief hearing or full hearing.

(4) Brief hearings. The majority of student conduct matters are resolved through a brief hearing with a conduct officer. Such a hearing is a brief adjudication conducted in accordance with the Washington state Administrative Procedure Act chapter 34.05 RCW and allows the conduct officer to review available information, hear the relevant parties' views, make a determination, and assign sanctions.

(5) Full hearings. Full hearings are conducted by a conduct board and are used in matters in which the respondent faces possible suspension or expulsion; generally, a final investigation report from Western Washington University's office of civil rights and Title IX compliance are resolved through full hearings. Full board hearings are conducted in accordance with the Washington state Administrative Procedure Act.

(6) Any student charged by a conduct officer with a violation of the student code is provided at least three days written notice of the student's meeting date, time and location (five days for full hearings). Any request to extend the time and/or date of the conduct officer meeting should be addressed to the conduct officer. The written notice shall include:

(a) A brief summary of the complaint, including the sections of the code allegedly violated;

(b) The approximate time and place of the alleged behavior that forms the factual basis for the charge of violation;

(d) A copy of, or link to, the code.

(7) The respondent and complainant (if applicable) are notified in writing of the determination made by the conduct officer or board, including the basis for any findings and sanctions. The notice includes information regarding the right to request an appeal.

(8) All notifications under the code are delivered by electronic mail to the students' university email account. Any notifications sent via regular U.S. mail (for instance, to students not currently enrolled) may be sent to the party's last known address or the address on file with the university registrar. Students are responsible for maintaining an updated mailing address on file with the registrar. Deadlines described in the code begin the date the notification is sent via electronic means.

(9) Upon written request to the dean of student life's office, staff will be available to the respondent and complainant (if applicable) to assist in understanding the student conduct process.

(10) A conduct officer's or board's determinations and findings are made on the basis of a "preponderance of the evidence," that is, whether it is more likely than not that the respondent violated the code.

(11) Evidence is relevant if it tends to make existence of a fact more or less probable. A conduct officer, conduct board chair, or dean of student life shall have the discretion to determine admissibility of evidence.

(12) If respondent or complainant (if applicable) to whom notice of a meeting or hearing has been sent does not appear before a conduct officer or board, the complaint may be considered in their absence, and the conduct officer or board may issue a decision based upon that information.

(13) If any provision of this code is invalidated by court order or operation of law, the affected provision of the code will no longer apply.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-270, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-270, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-270, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-270, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-270, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-280 Basis for appeal.

(1) A student found in violation of the code may appeal the conduct officer's or board's findings and/or the sanctions imposed. For incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, a complainant may also request an appeal. An appeal may be requested for any reason including:

(a) The proceedings were not conducted in conformity with prescribed procedures and significantly impacted the outcome of the student conduct process;

(b) The sanctions imposed are substantially disproportionate to the violation(s) committed;

(d) New information becomes available that was unavailable at the time of the original meeting and could substantially impact the original decision. A summary of this new information and its potential impact must be included. The dean of student life or designee may then refer the complaint to the conduct officer for further action as appropriate.

(2) The appeal must be submitted by the respondent or complainant (if applicable) in writing to the dean of student life within 10 days of the decision. The appeal must state, as clearly and concisely as possible, the reason for the appeal.

(3) No sanction will begin while an appeal or request for review is pending. However, interim measures (e.g., administrative no-contact orders, trespass, loss of privileges) may continue.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-280, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-280, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-280, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-280, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-280, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-290 Appeal procedures.

(1) Appeals can be made by the respondent (or complainant in incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination) and must be made to the dean of student life.

(2) The dean of student life or their designee reviews the appeal.

(3) Where new information, unavailable at the time of the original meeting, that could substantially impact the original decision, is received, the dean of student life or designee may then refer the complaint to the conduct officer for further action as appropriate. The dean of student life or their designee may, at their discretion, refer the complaint to a different conduct officer for reconsideration.

(4) In appeals in which the possible or recommended sanction is not expulsion or suspension as determined by the conduct officer, a designee of the dean of student life will consider the appeal and may hold an informal meeting, giving each party an opportunity to be informed of the conduct officer's view of the matter and to explain their view of the matter.

(5) In appeals in which the possible or recommended sanction is expulsion or suspension as determined by the conduct officer, the dean of student life will review the available documentation including the appeal, any investigation report, the board's decision, and recordings. Any involved person (e.g., respondent, witnesses, complainant) may be called to meet if necessary and at the discretion of the dean of student life.

(6) Respondent and complainant (if applicable) will be informed of the outcome of reviews and/or appeals simultaneously and in writing within 10 days.

(7) If there is no request for appeal received by the dean of student life within 10 days, the decision of the conduct officer is considered final. If there is no request for review within five days (or 10 days of an appeals board decision), the decision is considered final.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-290, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-290, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-290, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-290, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-290, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-291 Order of precedence under Title IX.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R Part 106. To the extent these supplemental hearing procedures conflict with Western Washington University's standard disciplinary procedures, WAC 516-21-240 and 516-21-270, these supplemental procedures shall take precedence.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-291, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-292 Jurisdiction under Title IX.

(1) This supplemental procedure applies only if the alleged misconduct:

(a) Occurred in the United States;

(b) Occurred during a Western Washington University educational program or activity; and

(2) For purposes of this supplemental procedure, an "educational program or activity" is defined as locations, events, or circumstances over which the Western Washington University exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by Western Washington University.

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a), (b), and (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit Western Washington University from pursuing other disciplinary action based on allegations that the respondent violated other provisions of Western Washington University's student conduct code, chapter 516-21 WAC.

(4) If the Title IX coordinator determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Title IX coordinator will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-292, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-293 Prohibited conduct under Title IX.

Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, Western Washington University may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."

For purposes of this supplemental procedure, "sexual harassment" encompasses the following conduct:

(1) Quid pro quo harassment. A Western Washington University employee conditioning the provision of an aid, benefit, or service of Western Washington University on an individual's participation in unwelcome sexual conduct.

(2) Hostile environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Western Washington University's educational programs or activities, or employment.

(3) Sexual assault. Sexual assault includes the following conduct:

(a) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(b) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(c) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen.

(d) Statutory rape. Consensual sexual intercourse between someone who is eighteen years of age or older and someone who is under the age of sixteen.

(4) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

(5) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

(a) The length of the relationship;

(b) The type of relationship; and

(6) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-293, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-294 Initiation of discipline under Title IX.

(1) Upon receiving the Title IX final investigation report from the Title IX coordinator, the conduct officer will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX and determine if other prohibitions of the code were violated.

(2) If the conduct officer determines that there are sufficient grounds to proceed under these supplemental procedures, the conduct officer will initiate a written disciplinary notice and serve the notice on the respondent and the complainant, and their respective advisors. The notice must:

(a) Set forth the basis for Title IX jurisdiction;

(b) Identify the alleged Title IX violation(s);

(d) Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);

(e) Explain that the parties are entitled to be accompanied by their chosen advisors during the hearing and that:

(i) The advisors will be responsible for questioning all witnesses on the party's behalf;

(ii) An advisor may be an attorney; and

(iii) Western Washington University will appoint the party an advisor of Western Washington University's choosing at no cost to the party, if the party fails to do so.

(3) Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-294, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-294, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-295 Prehearing procedure under Title IX.

(1) Upon receiving the disciplinary notice, the conduct board will send a full hearing notice to all parties, in compliance with WAC 516-21-250. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the student conduct officer.

(2) A party may choose to have an attorney serve as their advisor at the party's own expense. This right will be waived unless, at least five days before the hearing, the attorney files a notice of appearance with the committee chair with copies to all parties and the student conduct officer.

(3) In preparation for the full hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether Western Washington University intends to offer the evidence at the hearing.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-295, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-295, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-296 Rights of parties under Title IX.

(1) Western Washington University's student conduct procedures, WAC 516-21-250 and 516-21-270 and this supplemental procedure shall apply equally to all parties.

(2) Western Washington University bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.

(3) The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

(4) During the hearing, each party shall be represented by an advisor who will conduct all questioning on the party's behalf. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney. If a party does not choose an advisor, then one will be appointed at Western Washington University's choosing on the party's behalf at no expense to the party.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-296, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-296, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-297 Evidence under Title IX.

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

(1) Relevance: The conduct board chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

(2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

(3) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or

(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.

(4) No negative inference: The conduct board may not make an inference regarding responsibility solely on a witness's or party's absence from the hearing or refusal to answer questions.

(5) Privileged evidence: The conduct board shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

(b) Attorney-client and attorney work product privileges;

(d) Privileges applicable to medical providers, mental health therapists, and counselors;

(e) Privileges applicable to sexual assault and domestic violence advocates; and

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-297, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-297, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-298 Initial conduct order under Title IX.

(1) In addition to complying with WAC 516-21-250 and 516-21-270, the conduct board will be responsible for conferring and drafting an initial conduct order that:

(a) Identifies the allegations of sexual harassment;

(b) Describes the grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(d) Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX;

(e) Contains a statement of, and rationale for, the committee's determination of responsibility for each allegation;

(f) Describes any disciplinary sanction or conditions imposed against the respondent, if any;

(g) Describes to what extent, if any, complainant is entitled to remedies designed to restore or preserve complainant's equal access to Western Washington University's educational programs or activities; and

(h) Describes the process for appealing the initial conduct order.

(2) The conduct board chair will serve the initial conduct order on the parties simultaneously.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-21-105, s 516-21-298, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-298, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-299 Appeals under Title IX.

(1) The parties shall have the right to request a review from the initial conduct order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. Appeals of initial conduct orders under Title IX will be considered by the dean of student life.

(2) The dean of student life or their delegate will determine whether the grounds for a request for review have merit, provide the rationale for this conclusion, and state whether the disciplinary sanction and condition(s) imposed in the initial conduct order are affirmed, vacated, or amended, and, if amended, set forth any new disciplinary sanction and/or condition(s).

(3) The provost and executive vice president or their delegate shall serve the final decision on the parties simultaneously.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-299, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-299, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-299, filed 12/10/21, effective 12/11/21.

Wash. Admin. Code § 516-21-300 Deviations from established procedures.

Deviations from the timelines set forth in this code may be granted by the dean of student life, upon request, for good cause. Respondent (and complainant, if applicable) will be informed simultaneously and in writing of extensions and the reason for the extension.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-300, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-300, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-300, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-310 Confidentiality of conduct proceedings and records.

(1) The confidentiality of all conduct proceedings and records will be maintained in compliance with the student records policy as applicable with state and federal laws. Conduct records prepared by a conduct officer, the conduct board, and/or the dean of student life:

(a) Will be held in the office of student life for six years, except in cases of suspension, interim suspension, or expulsion, which are permanent records; and

(b) Will not be shared with any member of the public, except upon the informed written consent of the student(s) involved or as stated in the student records policy, or as required by law or court order. This includes, but may not be limited to:

(i) Information disclosed in conformance with exceptions to the prior written consent requirement of the Family Educational Rights and Privacy Act (FERPA) and implementing regulations found at 34 C.F.R. Sec. 99.

(ii) Files subjected to public records requests as required by state law.

(iii) In cases involving any crime of violence or a nonforcible sex offense where the complainant is deceased, final results of any disciplinary proceeding may be shared with the complainant's next of kin, upon their written request.

(2) The conduct officer's findings may be shared with the complainant, as required by law, in cases involving violence as defined by FERPA or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.

(3) The findings may also be shared with university officials involved in the completion or supervision of the sanction and/or the student. See also chapter 516-26 WAC, Student records.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-310, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-310, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-310, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-310, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-310, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-330 Interpretation of the code.

Any question of interpretation or application of the code shall be referred to the dean of student life for final determination.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-330, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-330, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-340 Revision of the code.

The code shall be reviewed every five years or more often, if needed. Student conduct code revisions will receive the most significant community deliberation including attempts to solicit feedback from Western students, internal policy control groups, and Washington Administrative Code reviews which includes a public hearing. The office of student life is responsible for completing periodic reviews of state and federal legislation, and community feedback, to make recommendations for changes to the code. Once recommendations are complete, they will be forwarded to the provost and executive vice president. See also POL-U1000.11 Developing and Maintaining University Provisions of the Washington Administrative Code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-199, s 516-21-340, filed 12/23/25, effective 1/23/26
WSR 24-21-105, s 516-21-340, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-340, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW 28B.35.120, chapter 34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-340, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-340, filed 12/9/11, effective 1/9/12.

Wash. Admin. Code § 516-21-350 Referenced policies and regulations in the code.

Policies or regulations referenced in the code are available, upon request, in the office of student life.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-350, filed 12/10/21, effective 12/11/21
WSR 12-01-021, § 516-21-350, filed 12/9/11, effective 1/9/12.

Chapter 516-24 General conduct.

Wash. Admin. Code § 516-24-001 Conduct of campus guests and visitors.

(1) The rules and regulations prescribed in this Title 516 WAC shall be observed by guests and visitors while on the campus, or other university property.

(2) Guests and visitors on campus or other university property who willfully refuse to obey an order of a university police officer or other law enforcement officer to desist from conduct prohibited by such rules and regulations may be ejected from the premises. Refusal to obey such an order will subject the person to arrest under the provisions of the Criminal Trespass Act, in addition to such other sanctions as may be applicable.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-09-052, § 516-24-001, filed 4/13/01, effective 5/14/01. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-24-001, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-24-001, filed 11/17/72.

Wash. Admin. Code § 516-24-110 Vendor solicitation.

Door-to-door on-campus solicitation by vendors is prohibited. All unsolicited sales contacts shall be restricted to the purchasing office. Unauthorized solicitation or selling in the residence halls should be immediately reported to a member of the residence hall staff.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-09-052, § 516-24-110, filed 4/13/01, effective 5/14/01
Order 72-10, § 516-24-110, filed 11/17/72.

Wash. Admin. Code § 516-24-130 Freedom of expression and prohibited conduct.

The value of active participation in political and social issues is recognized by Western Washington University as enhancing the education of the individual and contributing to the betterment of American society. The rights of free speech, petition and assembly are fundamental to the democratic process guaranteed under the Constitution of the United States and will be promoted and respected at all times.

The university also recognizes that it has an obligation to maintain on campus an atmosphere that allows the institution to perform the fundamental task of providing an opportunity for all members of the community to pursue knowledge through accepted academic processes.

The university further recognizes that it is committed to a safe campus, ensuring the safety of its community members and preventing loss or damage to its facilities or property.

To achieve these objectives it is essential that freedom of expression and assembly be orderly and conducted in a time, place, and manner that allows the orderly function of the university. Any person or group of persons shall not, by their conduct:

(1) Violate the prohibition of firearms, weapons, armor or armaments as set forth in WAC 516-52-020.

(2) Obstruct or interfere with classroom activities and/or other educational or employment pursuits.

(3) Obstruct or interfere with recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities.

(4) Obstruct or interfere with pedestrian or vehicular traffic.

(5) Obstruct or interfere with the preservation and protection of university property and personal property of individuals.

(6) Threaten, by statement or implication, the health or safety of others.

(7) Contact or communicate in a threatening nature that harasses, would cause a reasonable person to fear for their safety, or which is so persistent, pervasive, or severe as to deny a person's ability to substantially participate in the university community.

Any person persisting in such conduct after being requested to cease by university authorities, shall be subject, as appropriate, to disciplinary proceedings, trespass, or arrest and prosecution.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-09-050, § 516-24-130, filed 4/13/18, effective 5/14/18
WSR 01-09-052, § 516-24-130, filed 4/13/01, effective 5/14/01. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-24-130, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-24-130, filed 11/17/72.

Chapter 516-25 External affairs.

Wash. Admin. Code § 516-25-001 External affairs.

The office of external affairs shall be the principal office responsible for maintenance of current files concerning alumni information. Alumni mailing lists maintained by the university shall be confidential property of the university and shall not generally be provided to any other agency. Requests for lists for purposes of conducting legitimate educational research shall be subject to the review and approval of the office of external affairs and the office of the president.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-09-052, § 516-25-001, filed 4/13/01, effective 5/14/01.

Chapter 516-26 Student records.

Wash. Admin. Code § 516-26-010 Preamble.

The purpose of this student records policy is to establish rules and procedures that appropriately implement the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. §1232g. Western Washington University is committed to safeguarding appropriate access to student education records as well as maintaining individual student privacy. The university records officer works to ensure that information contained in student records is treated responsibly with due regard to its personal nature, and for the students', university's and community's needs. Questions regarding this policy should be addressed to the university records officer.

(1) Generally, students have the right to review and copy their education records. Students also have the right to challenge the content of, release of, or denial of access to their education records.

(2) The university will normally not permit access to the public without a student's permission; some exceptions exist as detailed in this policy.

(3) The university may release directory information concerning a student unless the student requests in writing that it not be released.

Please read below for a complete description of the policy.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-010, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-26-010, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-010, filed 5/14/79
Order 76-4, § 516-26-010, filed 8/20/76.

Wash. Admin. Code § 516-26-020 Definitions.

For purposes of this chapter the following terms shall have the indicated meanings:

(1) "Student" shall mean any person, regardless of age, who is or has been officially registered at and attending Western Washington University and with respect to whom the university maintains education records or personally identifiable information.

(2)(a)(i) "Education records" shall refer to those records, files, documents and other materials maintained by Western Washington University or by a person acting for Western Washington University which contain information directly related to a student.

(ii) Records relating to an individual in attendance at the university who is employed as a result of his or her status as a student are considered education records. Records made and maintained by the university in the normal course of business which relate exclusively to a person's capacity as an employee and are not available for any other purpose are not considered education records.

(b) The term "education records" does not include the following:

(i) Records of instructional, supervisory or administrative personnel and educational personnel ancillary to those persons, which are kept in the sole possession of the maker of the record and which are not accessible or revealed to any other person except a substitute;

(ii) Records of the university's public safety office maintained solely for law enforcement purposes, disclosed only to law enforcement officials of the same jurisdiction, and maintained separately from education records in (a) of this subsection; but only if said law enforcement personnel do not have access to education records under WAC 516-26-080; or

(iii) Records concerning a student which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and which are created, maintained or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment, except that such records may be personally reviewed by a physician or other appropriate professional of the student's choice.

(3) "Personally identifiable information" shall refer to data or information which includes either (a) the name of a student, the student's parent, or other family member, (b) the address of the student, (c) the address of the student's family, (d) a personal identifier, such as the student's Social Security number or student number, (e) a list of personal characteristics which would make it possible to identify the student with reasonable certainty, or (f) other information which would make it possible to identify the student with reasonable certainty.

(4) "Vice president for student affairs" shall refer to the vice president for student affairs/dean for academic support services or his or her designee.

(5) "University records officer" shall refer to that individual (or his or her designee) responsible for the policies safeguarding the access, release, or copying of education records and for informing students and parents of their rights.

(6) "Records center manager" shall refer to that individual (or his or her designee) responsible for the facilitation of the development of records retention schedules.

(7) "Records coordinator" shall refer to that individual (or his or her designee) designated by the department or unit head to be responsible for the custody of the education record(s) in that office, department or unit.

(8) "Unit head" shall refer to that individual (or his or her designee) responsible for the supervision or management of an institutional department or unit.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-020, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-26-020, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-020, filed 5/14/79
Order 76-4, § 516-26-020, filed 8/20/76.

Wash. Admin. Code § 516-26-030 Access to education records.

(1) Except as provided in WAC 516-26-035, each student at Western Washington University shall have access to his or her education records. The right of access shall include the right to inspect, review, and obtain copies of education records.

(2) The records coordinator is responsible for maintaining an up-to-date records retention schedule which lists the types of student education records maintained by that office, department or unit. The said records retention schedule is also filed with the records center manager and the state archives in Olympia.

(3) A student wishing access to his or her education records shall submit a written request for access to the appropriate records coordinator. The records coordinator shall respond to a request for access within a reasonable period of time, not to exceed five days.

(4) The records coordinator shall provide students of the university with an opportunity for reasonable access to education records, and shall be responsible for taking appropriate measures to safeguard and insure the security and privacy of the institution's records while being inspected by students.

(5) The records coordinator will inform in writing a student who has requested access to his or her education records of the nature of any records which are being withheld from the student on the basis of the exceptions set forth in WAC 516-26-035. A student may file with the university records officer a request to review the decision by the records coordinator and/or by the unit head as per WAC 516-26-055 to withhold certain of the student's records. A student may also request a review of the university records officer's decision to withhold certain of the student's records by filing an appeal with the student academic grievance board, refer to WAC 516-26-060.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-030, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-030, filed 5/14/79
Order 76-4, § 516-26-030, filed 8/20/76.

Wash. Admin. Code § 516-26-035 Access to education records—Limitations on access.

(1) Western Washington University shall not make available to a student the following types of materials:

(a) The financial records of the student's parents or any information contained therein, if the parents have requested in writing that such information remain confidential.

(b) Letters or statements of recommendation, evaluation or comment which were provided to the university in confidence, either expressed or implied, prior to January 1, 1975, provided that such letters or statements shall not be used for purposes other than those for which they were originally intended.

(c) If a student has signed a waiver of the student's right of access in accordance with subsection (2) of this section, confidential records relating to the following:

(i) Admission to any educational agency or institution;

(ii) An application for employment; or

(iii) The receipt of an honor or honorary recognition.

(2) A student, or a person applying for admission to the university, may waive his or her right of access to the type of confidential records referred to in subsection (1)(c) of this section, provided that such a waiver shall apply only if the student is, upon request, notified of the names of all persons making confidential recommendations, and such recommendations are used solely for the specific purpose for which the waiver has been granted. The university is not allowed to require such a waiver as a condition for admission to, receipt of financial aid from, or receipt of other services or benefits from the university.

(3) If any material or document in the education record of a student includes information concerning more than one student, the student shall only have the right either to inspect and review that portion of the material or document which relates to the student or to be informed of the specific information contained in that portion of the material or document.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-035, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-035, filed 5/14/79
Order 76-4, § 516-26-035, filed 8/20/76.

Wash. Admin. Code § 516-26-040 Right to copy education records.

(1) The records coordinator shall, at the request of a student, provide the student with copies of the student's education records. The fees for providing such copies shall not exceed the actual cost to the university of providing the copies.

(2) Official copies of transcripts from other educational institutions, such as high school or other college transcripts, will not be provided to students by the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-040, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-040, filed 5/14/79
Order 76-4, § 516-26-040, filed 8/20/76.

Wash. Admin. Code § 516-26-045 Request for explanation or interpretation of record.

The records coordinator shall respond to reasonable requests for explanations or interpretations of the contents of student education records.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-045, filed 8/12/94, effective 9/12/94
Order 76-4, § 516-26-045, filed 8/20/76.

Wash. Admin. Code § 516-26-050 Challenges—To content of education records—To release of education records—Or to denial of access to education records.

(1) Any student who believes that inaccurate, misleading, or otherwise inappropriate data is contained within his or her education records shall be permitted to have included within the record a written explanation by the student concerning the content of the records.

(2) A student shall have the right, in accordance with the procedures set forth in WAC 516-26-055 and 516-26-060, to:

(a) Challenge the content of education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the students;

(b) Have the opportunity to request the correction or deletion of inaccurate, misleading, or otherwise inappropriate data contained within education records;

(d) Challenge a decision by the university to deny the student access to particular types of records.

(3) A student shall not be permitted under this chapter to challenge the validity of grades given in academic courses, except on the grounds that, as a result of clerical error, the student's records fail to accurately reflect the grades actually assigned by an instructor.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-050, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-050, filed 5/14/79
Order 76-4, § 516-26-050, filed 8/20/76.

Wash. Admin. Code § 516-26-055 Challenges—Informal proceedings.

A student wishing to exercise the rights set forth in WAC 516-26-050(2) shall first discuss with the records coordinator the nature of the corrective action sought by the student. Failing resolution, the student shall next discuss with the department or unit head the corrective action sought by the student. Failing resolution, the student shall next discuss with the university records officer the corrective action sought by the student, as outlined in WAC 516-20-030(5).

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-055, filed 8/12/94, effective 9/12/94
Order 76-4, § 516-26-055, filed 8/20/76.

Wash. Admin. Code § 516-26-060 Challenges—Hearing before student academic grievance board.

(1) If informal proceedings fail to resolve the complaint of a student, the student may file a written request for an appeal to the student academic grievance board of the university.

(2) The student academic grievance board shall process the appeal according to procedures outlined in the student academic grievance policy.

(3) If a student demonstrates that the student's education records are inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the student academic grievance board shall have authority to order the correction or deletion of inaccurate, misleading or otherwise inappropriate data contained in the records.

(4) If a student demonstrates that the release of the student's education records would be improper under this chapter, the student academic grievance board shall have authority to order that the records not be released.

(5) If a student demonstrates that the student is entitled to access to particular documents under this chapter, the student academic grievance board shall have authority to order that the student be permitted access to the records.

(6) The decision of the student academic grievance board shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-060, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-060, filed 5/14/79
Order 76-4, § 516-26-060, filed 8/20/76.

Wash. Admin. Code § 516-26-070 Release of personally identifiable information or education records.

The university shall not permit access to or release of a student's education records or personally identifiable information contained therein to any person without the written consent of the student, except as provided in WAC 516-26-080, 516-26-085, or 516-26-090. Misuse or inappropriate access to student education records may result in disciplinary action.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-070, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-070, filed 5/14/79
Order 76-4, § 516-26-070, filed 8/20/76.

Wash. Admin. Code § 516-26-075 Release of personally identifiable information or education records—Nature of consent required.

Where the consent of a student is required under WAC 516-26-070 for the release of education records or personally identifiable materials contained therein, the student's consent shall be in writing, shall be signed and dated by the student, and shall include a specification of the records to be released, the reasons for such release, and the names of the parties to whom the records may be released.

History

Order 76-4, § 516-26-075, filed 8/20/76.

Wash. Admin. Code § 516-26-080 Release of personally identifiable information or education records—Exceptions to consent requirement.

(1) The university may permit the access to or release of a student's education records or personally identifiable information contained therein without the written consent of the student to the following parties:

(a) University officials, including faculty members, when the information is required for a legitimate educational purpose within the scope of the recipient's official responsibilities with the university and will be used only in connection with the performance of those responsibilities;

(b) Federal or state officials requiring access to education records in connection with the audit or evaluation of federally or state supported educational programs or in connection with the enforcement of federal or state legal requirements relating to such programs. In such cases the information required shall be protected by the federal or state officials in a manner which shall not permit the personal identification of students or their parents to other than those officials, and such personally identifiable data shall be destroyed when no longer needed for the purposes for which it was provided;

(c) Agencies or organizations requesting information in connection with a student's application for, or receipt of, financial aid;

(d) Organizations conducting studies for or on behalf of the university for purposes of developing, validating or administering predictive tests, administering student aid programs, or improving instruction, if such studies are conducted in a manner which will not permit the personal identification of students by persons other than representatives of such organizations, and the information will be destroyed when no longer needed for the purposes for which it was provided;

(e) Accrediting organizations in order to carry out their accrediting functions; or

(f) Any person or entity authorized by judicial order or lawfully issued subpoena to receive such records or information, upon condition that the student is notified of all such orders or subpoenas in advance of compliance therewith by the university. Any university employee or official receiving a subpoena or judicial order for education records or personally identifiable information contained therein shall immediately notify the assistant attorney general representing the university;

(g) An alleged victim of any crime of violence (as defined in section 16 of Title 18, United States Code) may have disclosed the results of any disciplinary proceeding conducted by the university against the alleged perpetrator of such crime with respect to such crime, without the consent of the alleged perpetrator.

(2) Education records of a student or personally identifiable information contained therein which are released to third parties, with or without the consent of the student involved, shall be accompanied by a written statement indicating that the information cannot subsequently be released in a personally identifiable form to any other party without the written consent of the student involved.

(3) The university shall maintain a record, kept with the education records of each student, indicating all parties, other than those parties specified in WAC 516-26-080 (1)(a), which have requested or obtained access to the student's education records, and indicating the legitimate interest that each such party has in obtaining the records or information contained therein. This record of access shall be available only to the student, to the employees of the university responsible for maintaining the records, and to the parties identified under WAC 516-26-080 (1)(a) and (c).

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-080, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-080, filed 5/14/79
Order 76-4, § 516-26-080, filed 8/20/76.

Wash. Admin. Code § 516-26-085 Release of information in emergencies.

(1) The vice president for student affairs or his designee may, without the consent of a student, release the student's education records or personally identifiable information contained therein to appropriate parties in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

(2) The university police, during instances of emergency pertaining to individual students, may have access to those student's education records or personally identifiable information.

(3) The following factors should be taken into consideration in determining whether records may be released under this section:

(a) The seriousness of the threat to the health or safety of the student or other persons;

(b) The need for personally identifiable information concerning the student to meet the emergency;

(c) Whether the parties to whom the records or information are released are in a position to deal with the emergency; and

(d) The extent to which time is of the essence in dealing with the emergency.

(4) If the university, pursuant to subsection (1) of this section, releases personally identifiable information concerning a student without the student's consent, the university shall notify the student as soon as possible of the identity of the parties and to whom the records or information have been released and of the reasons for the release.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-085, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-085, filed 5/14/79
Order 76-4, § 516-26-085, filed 8/20/76.

Wash. Admin. Code § 516-26-090 Release of directory information.

(1) The university may release "directory information" concerning a student to the public unless the student requests in writing of the university registrar that the student's directory information not be released except as provided in WAC 516-26-070, 516-26-075, 516-26-080 or 516-26-085.

(2) The term "directory information" shall include information relating to the student's name, local telephone number, dates of attendance, degrees and awards received, participation in officially recognized sports and activities, weight and height if a member of an athletic team, and the most recent previous educational institution attended.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-090, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-26-090, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-090, filed 5/14/79
Order 76-4, § 516-26-090, filed 8/20/76.

Wash. Admin. Code § 516-26-095 Destruction of education records.

Except as otherwise provided by law, the university shall not be prevented under this chapter from destroying all or any portion of a student's education records in accordance with established record retention schedules, provided that no education record to which a student has requested access shall be removed or destroyed by the university prior to providing the student with the requested access.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-095, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-095, filed 5/14/79
Order 76-4, § 516-26-095, filed 8/20/76.

Wash. Admin. Code § 516-26-100 Notification of rights under this chapter.

The university shall annually notify students currently in attendance of their rights under this chapter and the Family Educational Rights and Privacy Act.

The notice shall include a statement of the following student rights:

(1) Inspect and review his or her education records;

(2) Request an amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights;

(3) Allow or deny disclosures of personally identifiable information contained in the student's education records, except to the extent that these regulations and the regulations promulgated pursuant to the Family Educational Rights and Privacy Act allow;

(4) File a complaint with the United States Department of Education under 34 C.F.R. 99.64 concerning alleged failures by the university to comply with the requirements of the act;

(5) Access information concerning the cost to be charged for reproducing copies of the student's records; and

(6) Access a copy of the regulations in this chapter (chapter 516-26 WAC).

The notice shall indicate the places where copies of these regulations are located.

History

Statutory Authority: RCW 28B.35.120(12). WSR 94-17-059, § 516-26-100, filed 8/12/94, effective 9/12/94. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-26-100, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). WSR 79-06-019 (Order 79-05, Resolution No. 79-05), § 516-26-100, filed 5/14/79
Order 76-4, § 516-26-100, filed 8/20/76.

Chapter 516-28 Standards and procedures for involuntary administrative withdrawal of students at Western Washington University for behavior from mental disorders.

Wash. Admin. Code § 516-28-010 Preamble.

Western Washington University students enjoy the basic rights of all members of society. At the same time the student is expected to respect university rules and federal, state, and local laws. Those students who because of mental disorders are unable to do so and who represent a serious threat to themselves or others and therefore may need to be administratively withdrawn from attendance at Western Washington University are assured of a fair judicial process; at the same time, other students, faculty, and staff at Western Washington University are assured of relief from disruption of the mission of the university caused by those with behavioral problems stemming from mental disorders. This chapter advises students of their rights and responsibilities regarding behavior arising from mental disorders while enrolled at Western Washington University, and of the process the university will take if involuntary administrative withdrawal is indicated.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-010, filed 5/15/89.

Wash. Admin. Code § 516-28-015 Standards for withdrawal.

A student will be subject to involuntary administrative withdrawal from Western Washington University if it is determined that the student is suffering from a mental disorder (as defined in the American Psychiatric Association Diagnostic and Statistical Manual), and, as a result of the mental disorder (1) engages, or threatens to engage, in behavior which poses a danger of causing physical harm to self or others; or (2) engages, or threatens to engage, in behavior which would cause significant property damage, or directly and substantially impedes the lawful activities of others. These standards do not preclude removal from Western Washington University in accordance with provisions of other laws, rules, or regulations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-015, filed 5/15/89.

Wash. Admin. Code § 516-28-020 Referral for evaluation.

The vice president for student affairs may refer a student for evaluation by a licensed psychiatrist or psychologist chosen by but not affiliated with the university, if:

(1) He/she believes that the student may meet the criteria set forth in WAC 516-28-015; or

(2) A student subject to disciplinary charges wishes to introduce relevant evidence of any mental disorder. Results of this evaluation shall be forwarded to the vice president for student affairs.

Students referred for evaluation shall be so informed in writing, either by personal delivery or certified mail, and shall be given a copy of this code. The evaluation must be completed within five business days from receipt of the referral letter, unless a written extension is given by the vice president for student affairs or his/her designee. Students may be accompanied by a licensed psychologist or psychiatrist of their choice, who may observe but not participate in the evaluation process. Legal representation at the evaluation will not be permitted.

Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the vice president for student affairs.

A student who fails to complete the evaluation in accordance with these standards and procedures may be withdrawn on an interim basis, or referred for disciplinary action, or both.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-020, filed 5/15/89.

Wash. Admin. Code § 516-28-025 Interim withdrawal.

An interim administrative withdrawal may be implemented immediately if a student fails to complete an evaluation as provided above, or if the vice president for student affairs determines that a student may be suffering from a mental disorder, and the student's behavior poses an imminent danger of:

(1) Causing serious physical harm to the student or others; or

(2) Causing significant property damage, or directly and substantially impeding the lawful activities of others.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-025, filed 5/15/89.

Wash. Admin. Code § 516-28-030 Notice of interim withdrawal.

A student subject to an interim withdrawal shall be given written notice of the withdrawal either by personal delivery or by certified mail, and shall be given a copy of this code. The student will also be given an opportunity to appear personally before the vice president for student affairs or his/her designee, within two business days from the effective date of the interim withdrawal, in order to review the following issues only:

(1) The reliability of the information concerning the student's behavior;

(2) Whether or not the student's behavior poses a danger of causing imminent serious physical harm to the student or others, causing significant property damage, or directly and substantially impedes the lawful activities of others;

(3) Whether or not the student has completed an evaluation, in accordance with these standards and procedures; and

(4) For what purposes and under what conditions the student may enter the campus pending completion of the informal hearing process.

If, after the meeting between the vice president for student affairs or his/her designee and the student, the vice president for student affairs or his/her designee maintains the same position as to the student's need for an evaluation by a mental health professional, such evaluation should take place within two business days after the student submits a request for an appointment with the mental health professional.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-030, filed 5/15/89.

Wash. Admin. Code § 516-28-035 Assistance in proceeding.

A student subject to interim withdrawal may be assisted in the proceeding specified in WAC 516-28-030 by a family member and a licensed psychologist or psychiatrist or a member of the faculty or staff of the university. Furthermore, the student may be accompanied by legal counsel, whose role will be limited to providing legal advice to the student. Students will be expected to speak for themselves whenever possible.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-035, filed 5/15/89.

Wash. Admin. Code § 516-28-040 Informal hearing.

An informal hearing will be held within seven business days after the student has been evaluated by the appropriate mental health professional. The student will remain withdrawn on an interim basis pending completion of the informal hearing, but will be allowed to enter the campus to attend the hearing, or for other necessary purposes as preauthorized by the vice president for student affairs.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-040, filed 5/15/89.

Wash. Admin. Code § 516-28-045 Informal hearing guidelines.

Students subject to an involuntary withdrawal shall be accorded an informal hearing before the vice president for student affairs or his/her designee, utilizing the following guidelines:

(1) Students will be informed to the time, date, and location of the informal hearing in writing, either by personal delivery or certified mail, at least two business days in advance.

(2) The case file shall include an evaluation prepared by the mental health professional and the names of prospective witnesses. This file will be available for inspection by the student in the office of the vice president for student affairs during normal business hours. This file will be available at least two business days prior to the informal hearing.

(3) The informal hearing shall be conversational and nonadversarial. Formal rules of evidence will not apply. The vice president for student affairs or his/her designee shall exercise active control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.

(4) The student may choose to be assisted by a family member, a licensed psychiatrist or psychologist, or by a member of the faculty or staff of the university. Furthermore, the student may be accompanied by legal counsel, who is limited to providing legal advice to the student.

(5) Whenever possible, the student will be expected to respond to questions asked by the vice president for student affairs or his/her designee. A student who refuses to answer on grounds of Fifth Amendment privilege may be informed that the vice president for student affairs or his/her designee may draw a negative inference from the refusal which might result in dismissal from the institution in accordance with these standards and procedures.

(6) Those assisting the student, except for legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.

(7) The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.

(8) A university official and/or a licensed psychiatrist or psychologist who prepared the evaluation report may be expected to appear at the informal hearing, and to respond to relevant questions or present evidence upon request of any party involved, if the vice president for student affairs or his/her designee determines that such participation is essential to the resolution of the case.

(9) The informal hearing shall be tape-recorded and kept with the pertinent case file in the confidential records of the vice president for student affairs for six years, following which the records will be destroyed. During this period, the records will be accessible only upon approval of the vice president for student affairs and then only for compelling reasons.

(10) A written decision shall be rendered by the vice president for student affairs or his/her designee within five business days after the completion of the informal hearing. The written decision, which will be personally delivered or sent by certified mail, shall contain a statement of reasons for any determination leading to involuntary withdrawal. The student will also be advised as to when a petition for reinstatement would be considered, along with any conditions of reinstatement.

(11) The decision of the vice president for student affairs or his/her designee shall be final and not subject to appeal within the institution.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-045, filed 5/15/89.

Wash. Admin. Code § 516-28-050 Deviations from established procedures.

Deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-050, filed 5/15/89.

Wash. Admin. Code § 516-28-060 Relationship to student rights and responsibilities code.

A student accused of engaging in conduct subject to disciplinary action pursuant to chapter 516-22 WAC may be diverted from that disciplinary process and withdrawn according to these standards and procedures if the student, as a result of mental disorder (1) lacks the capacity to respond to pending disciplinary charges or (2) did not know the nature of wrongfulness of the conduct at the time of the offense.

Students otherwise subject to disciplinary charges who wish to introduce relevant evidence of any mental disorder must so inform the vice president for student affairs in writing at least two business days prior to any disciplinary hearing under chapter 516-22 WAC. If the vice president for student affairs determines that the evidence may have merit, the case shall then be resolved in accordance with this chapter. If the vice president for student affairs determines that the student does not meet the criteria set forth in this chapter, the case will be returned to the disciplinary process. The determination by the vice president for student affairs shall be made within five days after the student's written submittal. Evidence of any mental disorder may not be admitted into evidence or considered by the hearing panel in any disciplinary proceeding under chapter 516-22 WAC.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-060, filed 5/15/89.

Wash. Admin. Code § 516-28-065 Reinstatement.

Should the above process result in a decision that the student is capable of attending classes at Western Washington University, the vice president for student affairs or his/her designee shall take equitable measures to mitigate the effects of the withdrawal upon the student.

History

Statutory Authority: RCW 28B.35.120(12). WSR 89-11-039 (Order 89-01), § 516-28-065, filed 5/15/89.

Chapter 516-31 State Environmental Policy Act—Rule.

Wash. Admin. Code § 516-31-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Western Washington University that all actions taken by the university shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act) and chapter 197-11 WAC, as presently enacted or hereafter amended.

(2) The president of Western Washington University shall be responsible for administering and implementing this policy. The president shall designate the university personnel who will be responsible for carrying out the duties and functions of the university as set forth or incorporated herein.

History

Statutory Authority: RCW 28B.35.120(12) and chapter 43.21C RCW. WSR 90-15-026, § 516-31-010, filed 7/13/90, effective 7/17/90
Order 76-8, § 516-31-010, filed 12/14/76.

Chapter 516-32 Small works roster.

Wash. Admin. Code § 516-32-010 Purpose and authority.

This chapter of the Washington Administrative Code is adopted pursuant to RCW 39.04.155, authorizing Western Washington University to adopt procedures to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property in lieu of other procedures for such work with an estimated cost of $350,000 or less. The university, in establishing a small works roster, shall use the procedures set forth in this chapter.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-010, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-020 Project construction cost.

Whenever the estimated cost of any construction or improvement of real property does not exceed $350,000, the university is authorized to use the small works roster in lieu of public advertisement for bids. In the event that the legislature further increases the small works roster limit, the university is authorized to use the small works roster for any projects up to the legislatively authorized limit. No project shall be broken into units or phases for the purpose of avoiding the maximum dollar amount of a contract that may be met using the small works roster.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-020, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-030 Creation of small works roster or rosters.

The university may create a single general small works roster, or it may create a small works roster for different specialties or categories of anticipated work. The rosters may make distinctions between contractors based upon different geographic areas served by the contractors.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-030, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-040 Notice of small works rosters and solicitation of contractors.

At least once per year, the university shall cause to be published, in a newspaper of general circulation within the counties where small works are expected to be performed, a notice of the existence of any rosters, and shall solicit the names of contractors for such roster or rosters.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-040, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-050 Procedure for use.

Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder. Bids may be solicited from all appropriate contractors on the roster or, alternatively, from at least five contractors who have indicated the capability of performing the kind of work being contracted. If the estimated cost of the work is from $250,000 to $350,000, and bids are not solicited from all appropriate contractors, all appropriate contractors must be notified that bids are being solicited. Detailed plans and specifications are not required as part of the bid invitation.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-050, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-060 Applicable statutes.

All statutes pertaining to contracts for public works shall be otherwise fully applicable to contracts awarded through the small works roster procedure.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-060, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-070 Qualification requirements.

To qualify for placement on the Western Washington University small works roster, contractors must demonstrate the following in experience and qualifications:

(1) Be a licensed contractor in the state of Washington;

(2) Have successfully completed a public works project, as defined by RCW 39.04.010; and

(3) Have experience in the area of expertise for which listing is sought.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-070, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-080 Administration.

The vice president for business and financial affairs, or designee, is authorized to establish procedures for university use of its small works roster.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-080, filed 10/14/22, effective 11/14/22.

Wash. Admin. Code § 516-32-090 Denial or removal of contractors from small works roster—Reasons.

A contractor may be denied placement on or, after such placement, may be removed from a small works roster for any of the following reasons:

(1) The contractor has failed to respond to five solicitations for bids on jobs offered through the small works roster;

(2) The contractor's past performance has demonstrated the firm not to be a responsible bidder per the provisions in RCW 39.04.350.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.155. WSR 22-21-087, § 516-32-090, filed 10/14/22, effective 11/14/22.

Chapter 516-34 Leasing of university property for business purposes.

Wash. Admin. Code § 516-34-010 Request to lease university property.

Any individual desiring to provide a particular service or sell particular goods to the Western Washington University community from a leased location on the campus of Western Washington University shall submit to the vice president for business and financial affairs of the university an initial written proposal for the provision of that service and a request to lease university property. These rules do not cover short-term space rentals, which are covered by internal procedures through the Viking Union under its sale of goods and services policy, and other internal short-term space rental procedures.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-010, filed 12/20/00, effective 2/1/01. Statutory Authority: RCW 28B.35.120(11). WSR 87-01-110 (Order 12-03-86), § 516-34-010, filed 12/24/86
Order 73-13, § 516-34-010, filed 8/8/73.

Wash. Admin. Code § 516-34-020 Consideration of request and initial proposal.

(1) The vice president for business and financial affairs or his/her designee shall make a recommendation to the president whether the university should accept proposals to lease space for the purpose of selling the particular goods or offering the proposed services. The vice president shall consult with appropriate members of the university and shall consider the following nonexclusive list of factors:

(a) Whether there is a need for the proposed goods or services on the campus of Western Washington University;

(b) Whether the proposed sales or services are compatible with the goals and objectives of the university;

(c) Whether the proposed service or sales can be provided within the context of existing campus resources, vendors, or programs, thus rendering a new lease unnecessary;

(d) Whether the requested lease is acceptable within the framework of the university land use plan;

(e) Whether the requested lease should be considered;

(f) Which, if any, of the university property should be leased in connection with the proposed service.

(2) Upon completion of the above evaluation and recommendation of the vice president for business and financial affairs shall submit a written statement of findings with regard to the above factors to the university president. The president shall determine whether the initial proposal and/or request for lease should be denied or recommended for approval to the board of trustees for consideration.

(a) If the president determines that a particular initial proposal and/or request for lease should be denied, the vice president for business and financial affairs shall give written notice of denial to the individual presenting the proposal and request for lease, and shall include within this notice the reasons for such denial.

(b) If the president determines the proposal and/or community request should be considered for approval by the board of trustees, the proposal and/or lease should be considered by the board of trustees at its next regularly scheduled meeting.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-020, filed 12/20/00, effective 2/1/01. Statutory Authority: RCW 28B.35.120(11). WSR 87-01-110 (Order 12-03-86), § 516-34-020, filed 12/24/86
Order 73-13, § 516-34-020, filed 8/8/73.

Wash. Admin. Code § 516-34-030 Preliminary evaluation by board of trustees.

The board of trustees shall consider and evaluate each initial proposal and/or request for lease referred to the board by the president. The board of trustees may either deny or give preliminary approval in whole or in part to each such initial proposal and/or request for lease.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-030, filed 12/20/00, effective 2/1/01
Order 73-13, § 516-34-030, filed 8/8/73.

Wash. Admin. Code § 516-34-040 Public notice of intention to lease.

Whenever the board of trustees gives preliminary approval to an initial proposal for services and request for lease, the vice president for business and financial affairs shall forthwith give reasonable and timely notice to members of the public and to interested parties indicating that the university will consider leasing a particular area of university property in connection with the provision of a particular service to the university community. Said notice shall specify a time limit for submission of proposals by members of the public relating to said provision of services or sales of goods and/or lease.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-040, filed 12/20/00, effective 2/1/01. Statutory Authority: RCW 28B.35.120(11). WSR 87-01-110 (Order 12-03-86), § 516-34-040, filed 12/24/86
Order 73-13, § 516-34-040, filed 8/8/73.

Wash. Admin. Code § 516-34-050 Submission of final proposals.

Within the time limit specified in the public notice given by the university, any individual interested in leasing the particular area of university property specified in the notice for the purpose of providing the particular service or other goods as specified in the notice shall submit a proposal to the university setting forth in detail the means and methods by which that individual would utilize the leased property and provide the desired service or offering of goods for sale to the university community. Proposals must meet all specifications and/or requirements set forth in the notice.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-050, filed 12/20/00, effective 2/1/01. Statutory Authority: RCW 28B.35.120(11). WSR 87-01-110 (Order 12-03-86), § 516-34-050, filed 12/24/86
Order 73-13, § 516-34-050, filed 8/8/73.

Wash. Admin. Code § 516-34-060 Consideration and evaluation of final proposal(s).

(1) The vice president for business and financial affairs shall carefully examine and evaluate all proposals for lease of university property and provision of services or selling of goods. The factors considered by the university in evaluating such proposals shall include but not be limited to the following:

(a) The capabilities, qualifications, and experience of each person, firm, corporation, or organization who would be involved in the execution of the proposal;

(b) The financial stability of each person, firm, corporation, or organization owning and/or operating the proposed service facility;

(2) Upon completion of the evaluation, the vice president for business and financial affairs shall evaluate which, if any, of the submitted proposals is in the best interests of the university. The vice president for business and financial affairs shall have authority to reject all proposals as being unsatisfactory. The vice president for business and financial affairs shall forward his/her recommendation as to the best proposal and the reasons therefor to the president in writing.

(3) The president shall make a final determination of which proposal is in the best interest of the university and shall award the lease to that applicant. The president's decision is final and not subject to further appeal with the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-060, filed 12/20/00, effective 2/1/01. Statutory Authority: RCW 28B.35.120(11). WSR 87-01-110 (Order 12-03-86), § 516-34-060, filed 12/24/86
Order 73-13, § 516-34-060, filed 8/8/73.

Wash. Admin. Code § 516-34-070 Notice of rejection.

The university shall give notice in writing to all individuals submitting final proposals as to final disposition of award and clearly specify the reasons.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-070, filed 12/20/00, effective 2/1/01. Statutory Authority: RCW 28B.35.120(11). WSR 87-01-110 (Order 12-03-86), § 516-34-070, filed 12/24/86
Order 73-13, § 516-34-070, filed 8/8/73.

Wash. Admin. Code § 516-34-080 Delegation of authority.

Any of the university administrators referenced herein may delegate their responsibilities under this regulation to a subordinate.

History

Statutory Authority: RCW 28B.35.120(12). WSR 01-01-138, § 516-34-080, filed 12/20/00, effective 2/1/01.

Chapter 516-35 Use of university property—Freedom of expression and assembly.

Wash. Admin. Code § 516-35-001 Definitions.

As used in this chapter, the following words and phrases mean:

(1) Business day. Any day, Monday through Friday (excluding holidays), during which university offices are open.

(2) Freedom of expression and assembly. Any activity protected by the first amendment to the Constitution of the United States and Article I, sections 4 and 5 of the Washington state Constitution. Such activities may include, but are not limited to, informational picketing, petition circulation, distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, noncontracted appearances of speakers, protests, meetings to display group feelings or sentiments, and other types of constitutionally protected assemblies to share information, perspective, or viewpoints.

(a) Classrooms or academic buildings utilized for scheduled educational programming with the exception that nothing herein shall be read to interfere between or with the academic freedom of the instructor and enrolled students to engage in educational programs;

(b) Reservable or scheduled property subject to the provisions of chapter 516-36 WAC;

(d) Lavatory or maintenance facilities;

(e) Roadways or sidewalks necessary to permit the free flow of pedestrian, vehicular, emergency responder, or maintenance traffic; or

(f) Any other university property, on a case-by-case basis, where the reasonable application of time, place, and manner restrictions render the location inappropriate for expressive activities.

(4) Nonuniversity group or individual. An individual or a collection of individuals who do not have a formal relationship with the university. The term also includes members of these groups who are individually affiliated with the university who desire to use university property for personal, private, or nonuniversity group related activities.

(5) Time, place, and manner. Reasonable limitations on the exercise of expressive rights that are neutral as to the content of expression and leave open alternative channels of expression.

(6) University. Western Washington University.

(7) University affiliate. An entity that has a formal relationship with the university and also encompasses such entity's officers, agents, and employees. The term includes, but is not limited to, the office of the attorney general, contracted agencies, and 501 (c)(3) organizations with formal relationships to the university.

(8) University group or individual. An individual or collection of individuals that has a formal relationship with the university, such as a recognized employee group of the university, a registered student group or organization or an individual acting on behalf of the group or organization as well as an individual who is a currently enrolled student or current employee.

(9) University property. All buildings, grounds, or assets owned or controlled by the university and the streets, sidewalks, plazas, parking lots, and roadways within the boundaries of property owned or controlled by the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-35-001, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-35-001, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-35-005 General policy and purpose.

The university believes that freedom of expression and assembly are indispensable qualities of university life, and that active participation in political and social expression both enhances the education of the individual and contributes to the betterment of society. The university is committed to respecting and promoting the rights afforded by the constitutions of the United States and the state of Washington, including the right to free speech, petition, and to peaceably assemble.

University property is intended for use by students, faculty, and staff in support of the university's mission of teaching, research, and public service. Individuals, groups, or organizations may use university property in accordance with university rules and regulations.

To achieve the objectives of this chapter, it is essential that free expression be accomplished in a manner that allows for the orderly function of normal university operations. Thus, the purpose of the time, place, and manner regulations set forth in this chapter are to:

(1) Promote opportunities for exercise of the rights protected by the constitutions of the United States and the state of Washington on the university campus.

(2) Ensure that these activities do not interfere with the furtherance of the university's mission-related responsibilities for which the university's property is dedicated by the state of Washington.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-13-073, § 516-35-005, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-35-010 Use of university property—Notice.

(1) Any nonuniversity group or individual who desires to use a limited public forum area on a temporary basis for freedom of expression and assembly must submit notice of planned use to the Western Washington University department of public safety not less than five business days prior to use, subject to limitations set forth in WAC 516-35-030. However, use may be permitted with less notice so long as the use does not interfere with any other function or university operations.

(2) University affiliates or university groups or individuals who desire to use university property or a limited public forum area on a temporary basis for freedom of expression or assembly must adhere to applicable policies and laws and are requested to provide notice to the Western Washington University department of public safety. If university affiliates or university groups or individuals intend to set up free-standing objects on university property, notice must be given as directed in WAC 516-35-030 (3) and (4).

(3) Submitted notices shall include, but are not limited to, the following:

(a) The contact information for the persons or organizations, including the organization's name and its contact person's name, person's name, address, email address, and telephone number;

(b) The date, time, and location requested for use;

(d) The estimated number of people expected to be involved, including participants, spectators, supporters, and detractors or others;

(e) A description and intended use of any object, free-standing or otherwise, that will be placed on university property including, but not limited to, furniture, hardware, props, vehicle, displays, sound amplification device, audio-visual device, or other objects; and

(f) Other information as may be reasonably requested.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-35-010, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-35-010, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-35-020 Use of university property—Evaluation.

(1) The president, or the president's designee, shall have the authority to accept, modify, or reject, in whole or in part, the planned use outlined or described in the notice submitted pursuant to this chapter.

(2) In evaluating a notice submitted pursuant to this chapter, the president, or the president's designee, may consider a variety of factors including, but not limited to, the following:

(a) Whether a university program or activity is scheduled at the location requested. First priority shall be given to the university program or scheduled activity;

(b) Whether the use is in connection with a university program or activity;

(3) The president, or the president's designee, may specify reasonable fire, safety, law enforcement, sanitation, cleanup, insurance, and other risk- or impact-mitigating requirements for the use of university property. Charges may be applied in the event any of these requirements are deemed to have costs associated with them.

(4) Whenever the president, or the president's designee, rejects, either in whole or in part, a request for use of university property, the reasons for such rejection shall be stated in writing.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-35-020, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-35-020, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-35-030 Use of university property—Exceptions, limitations, and termination of use.

(1) The president, or the president's designee, may apply time, place, and manner exceptions to limit, relocate, reschedule, terminate, cancel, or prohibit the use of university property for freedom of expression activities to protect persons or property from harm and/or to prevent the disruption of university operations including, but not limited to, violations of WAC 516-24-130, 516-52-020, or other laws or university policies.

(2) The use of university property for freedom of expression and assembly must comply with all requirements and limitations set forth in WAC 516-24-001 and 516-36-030.

(3) Any activity that involves the placement of furniture, hardware, prop, vehicle, display, sound amplification device, audio-visual device, or other free-standing object on university property for freedom of expression and assembly requires notice pursuant to WAC 516-35-010.

(a) Placed or free-standing objects that are not generally moveable or are of a size or nature that they may pose a personal safety risk, a risk to property, or block egress and traffic flow must have prior approval through a space reservation. To reserve university property, refer to chapter 516-36 WAC.

(b) Objects that are small, moveable by a single person, not permanent or do not need to be secured, and are lightweight; for example, small displays less than four feet in any dimension, folding tables, easels, or other similar object do not require a reservation to place on university property for a limited time and may be subject to other university imposed time, place, or manner restrictions.

(c) At least one person must be present at all times to attend to any placed object for the duration of use until completion of activity pursuant to subsection (6) of this section.

(4) In order to allow for the expression of a wide range of viewpoints and to allow the utilization of university property for a wide range of purposes, the use of university property for freedom of expression and assembly may be limited in duration to the following:

(a) Activities may not continue for longer than five calendar days from start to finish; and

(b) Activities are limited to 7:00 a.m. to 10:00 p.m. on any day due to the residential nature of campus.

(5) University employees, student groups, and university-affiliated groups may reserve outdoor space on campus for university-sponsored activities pursuant to chapter 516-36 WAC. If space is reserved for a university-sponsored activity, other persons and groups may be prohibited from engaging in freedom of expression and assembly in the reserved space. In such cases, a university representative may suggest another area on campus for freedom of expression and assembly.

(6) The group or individual utilizing university property for freedom of expression and assembly must return the university property to its original condition after the use and is responsible for the costs of cleanup and the costs to repair damages to the limited public forum area and other university property that arises from such use.

(7) The university will not provide utility connections or hookups.

(8) Nonuniversity groups and individuals may not use the interior of any facility for freedom of expression and assembly.

(9) Freedom of expression and assembly must otherwise be conducted in compliance with any other applicable university policies and rules, local ordinances, and state or federal law.

(10) Exception - Open public meetings. Nothing in these rules is intended to interfere with public participation in meetings of the university's governing board or associated student body that are required to be open to the public under the Open Public Meetings Act, chapter 42.30 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-35-030, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-35-030, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-35-040 Unscheduled expression and assembly—University affiliates or a university group or individual.

Protecting impromptu and spontaneous peaceable assembly for the purposes of expression, protest, and dissent is essential to fulfilling the university's commitment to freedom of expression and assembly. Thus, the lack of notice to use university property by university affiliates or a university group or individual is not necessarily a sole basis for terminating any expressive activity, including impromptu activities, unless the protest or assembly conflicts with a previously scheduled event in the same location or is in violation of law and/or university policy including, but not limited to, WAC 516-24-130 and 516-52-020.

To ensure space is available for expression or assembly, university affiliates or a university group or individuals are encouraged to provide notice.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-13-073, § 516-35-040, filed 6/15/18, effective 7/16/18.

Chapter 516-36 Use of university property—Scheduling and general use.

Wash. Admin. Code § 516-36-001 Use of university property—General policy and scope.

Western Washington University is an educational institution provided and maintained by the people of the state of Washington in order to carry out its broad missions of teaching, research, and public service. A state agency is under no obligation to make its public property available to the community for private purposes, and the university generally reserves its property, buildings, and grounds for its mission-related activities, including: Instruction, research, assembly, student activities, and recreational activities related to education. However, the university makes property available for a variety of uses that are of benefit to the general public under the conditions set forth in these regulations if such general uses substantially relate to, or do not interfere with, university missions.

The purpose of these regulations is to establish procedures and reasonable controls for the use of university property by nonuniversity groups or individuals, university affiliates, university groups or individuals, or students, faculty, or staff who desire to use university property for personal, private, or nonuniversity group related activity.

Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the property.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-36-001, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-36-001, filed 6/15/18, effective 7/16/18. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-36-001, filed 4/27/90, effective 5/1/90
Order 75-10, § 516-36-001, filed 11/10/75
Order 72-10, § 516-36-001, filed 11/17/72.

Wash. Admin. Code § 516-36-004 Freedom of expression and assembly activities not covered.

Use of university property for freedom of expression and assembly activities is governed by rules set forth in chapter 516-35 WAC. This chapter does not apply to those individuals or groups using university property for freedom of expression and assembly activities except where directed by chapter 516.35 WAC.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-36-004, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-36-004, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-36-008 Definitions.

As used in this chapter, the following words and phrases mean:

(1) Business day. Any day, Monday through Friday (excluding holidays), during which university offices are open.

(2) Freedom of expression and assembly. Any activity protected by the first amendment to the Constitution of the United States and Article I, sections 4 and 5 of the Washington state Constitution. Such activities may include, but are not limited to, informational picketing, petition circulation, distribution of information leaflets or pamphlets, speechmaking, demonstrations, rallies, noncontracted appearances of speakers, protests, meetings to display group feelings or sentiments, and other types of constitutionally protected assemblies to share information, perspective, or viewpoints.

(3) Limited public forum areas. Areas of campus available as spaces for freedom of expression and peaceable assembly as protected by the Constitution of the United States and the Washington state Constitution, subject to reasonable time, place, and manner restrictions. The use of limited public forum areas for freedom of expression and peaceable assembly activities is governed by chapter 516-35 WAC except for those activities identified in that chapter that require reservations. Limited public forum areas are identified in WAC 516-35-001. Limited public forum areas do not include property such as:

(b) Reservable or scheduled property subject to the provisions of this chapter;

(d) Lavatory or maintenance facilities;

(e) Roadways or sidewalks necessary to permit the free flow of pedestrian, vehicular, emergency responder, or maintenance traffic; or

(f) Any other university property, on a case-by-case basis, where the reasonable application of time, place, and manner restrictions render the location inappropriate for expressive activities.

(5) Space administrator. A university employee, appointed by the president, or the president's designee, who has the authority and responsibility for a designated subset of university property to create and enforce policies and procedures for space use, delegate space approval authority, and are responsible for university space being used in accordance with this chapter, chapter 516-35 WAC, and the university mission.

(6) Space approval authority. A university employee who has the authority, consistent with these regulations and approved campus policies and procedures, to review, approve, amend, or deny requests for rental or use of university property.

(a) The university shall maintain a list of the approving authorities.

(b) Requests for approval to lease space shall be governed by chapter 516-34 WAC.

(7) Time, place, and manner. Reasonable limitations on the exercise of expressive rights that are neutral as to the content of expression and leave open alternative channels of expression.

(8) University. Western Washington University.

(9) University affiliate. An entity that has a formal relationship with the university and also encompasses such entity's officers, agents, and employees. The term includes, but is not limited to, the office of the attorney general, contracted agencies, and 501 (c)(3) organizations with formal relationships to the university.

(10) University group or individual. An individual or collection of individuals that has a formal relationship with the university, such as a recognized employee group of the university, a recognized student group or organization, or an individual acting on behalf of the group or organization as well as an individual who is a currently enrolled student or current employee.

(11) University property. All buildings, grounds, or assets owned or controlled by the university and the streets, sidewalks, plazas, parking lots, and roadways within the boundaries of property owned or controlled by the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-36-008, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-36-008, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-36-020 Use of university property—Requests.

(1) Requests for rental or use of university property must be directed to the space approval authority.

(2) Requests for leasing of university property must be directed to the vice president for business and financial affairs, the university president, or the president's designee, and governed by chapter 516-34 WAC.

(3) If a requestor is uncertain where to direct a request to use university property, or if the approving authority for a particular university property is not on the university list, the requestor should address the request to the vice president for business and financial affairs or designee.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-13-073, § 516-36-020, filed 6/15/18, effective 7/16/18. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-36-020, filed 4/27/90, effective 5/1/90
Order 75-10, § 516-36-020, filed 11/10/75.

Wash. Admin. Code § 516-36-025 Scheduling and reservation practices—Duties of requestor.

(1) The primary purpose of university property is to serve the university's instructional, research, and public service activities. However, when not required for scheduled university use, property may be available for rental by nonuniversity groups or individuals in accordance with current fee schedules and other relevant terms and conditions.

(2) No university property may be used by individuals or groups unless the property, including buildings, equipment, and land, have been reserved except as provided in chapter 516-35 WAC. Reservations may not be required in limited public forum areas if the intended use of the property would not cause cost to the university or impact scheduled university activity.

(3) Requests to use university property are made to the space approval authority, as defined in WAC 516-36-008(6) and in accordance with WAC 516-36-020.

(4) The space approval authority may deny the request to use university property when such use would violate any of the limitations set forth in WAC 516-36-030 or where the requestor is unwilling to comply with university requirements for the use of property, as authorized by this chapter.

(5) The university may require an individual or organization to make an advance deposit, post a bond or obtain insurance to protect the university against cost or other liability as a condition to allowing use of any university property.

(6) When the university grants permission to an individual or organization to use its property it is with the understanding and on the condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the university against any loss or damage claim arising out of such use.

(7) The university and/or government authorities may specify fire, safety, sanitation, and special regulations for activities occurring in, on or with university property. It is the responsibility of the user to obey those regulations, as well as to comply with other applicable university policies, procedures, rules, regulations, and state, local, and federal laws.

(8) When the university grants permission to an individual or organization to use its facilities, the facility may be subject to inspection by a representative of the university after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of the damaged property.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-36-025, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-36-025, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-36-030 Limitations on use.

The following limitations apply to all uses of any university property, unless specifically permitted by the university for special events:

(1) University property may not be used in ways which obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the university, any university building or facility, or that obstruct or interfere with educational activities or other lawful activities on university grounds, university controlled property, or at university sponsored events unless approved by the president, or the president's designee.

(2) University property may not be used in ways that interfere with educational, research, or public service activities inside or outside any university building or otherwise prevent the university from fulfilling its mission and achieving its primary purpose.

(3) University property may not be used for the purpose of campaigning regarding a ballot proposition or by, for, or against candidates who have filed for public office, except that:

(a) This provision does not apply to candidates for Western Washington University student offices or student ballot propositions;

(b) University groups may sponsor candidate forums as well as issue forums regarding ballot propositions;

(c) Candidates for office and proponents or opponents of ballot propositions may rent university property as a nonuniversity group or individual on a short-term basis for campaign purposes to the same extent and on the same basis as may other individuals or groups;

(d) Candidates for office and proponents or opponents of ballot propositions may use the limited public forum areas using the procedures of chapter 516-35 WAC to the same extent and on the same basis as may other individuals or groups; and

(e) For informational purposes, a university group may invite a candidate or another political speaker to one of the meetings of its membership on university property, if it has complied with the scheduling procedures of WAC 516-36-025 and applicable university policy.

(4) University property may not be used in ways that create safety hazards or pose unreasonable safety risks to students, employees, invitees, or guests.

(5) University property may not be used for commercial purposes, including: Advertising, commercial solicitation, sales, or other activities to promote a product, except as allowed under WAC 516-36-040.

(6) University property may not be used in furtherance of or in connection with illegal activity.

(7) University property may not be used in such manner as to create a hazard or result in damage to university property.

(8) University property may not be used where such use would create undue stress on university resources (e.g., a request for a major event may be denied if another major event is already scheduled for the same time period, because of demands for parking, security coverage, etc.); use of limited public forum areas for freedom of expression and assembly must be in accordance with chapter 516-35 WAC and this chapter if applicable.

(9) Use of audio amplifying equipment or sound generation is permitted only in locations and at times that will not disturb the normal conduct of university operations. Advance permission by the president, or the president's designee, is required to use audio amplifying equipment or generate sound that may disturb the normal conduct of university operations.

(10) Alcoholic beverages may be served only as allowed under university policies. It is the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor and cannabis board and adhere to their regulations, as well as all local ordinances, university rules, and regulations.

(11) No person may erect a tent or other shelter on university property or remain overnight on university property, including in a vehicle, trailer, tent, or other shelter, with the following exceptions:

(a) The use and occupancy of university housing in accordance with chapter 516-56 WAC;

(b) The use of property by a university employee or agent who remains overnight to fulfill the responsibilities of their position;

(c) The use of property by a university student who remains overnight to fulfill the responsibilities of their course of study;

(d) The use of property where overnight stays are specifically permitted in identified locations for attendees at special events designated by the university.

(e) The use of property during a university, local, state or federal declaration of an emergency as determined by the president, or the president's designee.

(12) Signs and posters and visual displays may be placed only at those locations authorized under, and in accordance with university policies.

(13) Handbills, leaflets, pamphlets, flyers, and similar materials may be distributed only in relation to university sanctioned activities or for purposes of freedom of expression. Materials may not be distributed in a manner that results in littering or requires university resources for disposal.

(14) Animals are only allowed on university property in accordance with WAC 516-52-010 and university policies.

(15) Smoking is not allowed in or on university property, except in accordance with chapter 70.160 RCW.

(16) Mopeds, Segways, skateboards, roller skates, roller blades, bicycles, and similar personal transportation devices may be used on campus in accordance with chapters 516-13 and 516-15 WAC.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-36-030, filed 6/17/22, effective 7/18/22
WSR 18-13-073, § 516-36-030, filed 6/15/18, effective 7/16/18. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-36-030, filed 4/27/90, effective 5/1/90
Order 75-10, § 516-36-030, filed 11/10/75.

Wash. Admin. Code § 516-36-035 University property rental/use fees.

(1) The president or the president's designee shall have authority to establish a schedule of fees to govern the use of university property and to alter or modify the fee schedule whenever such action is deemed to be necessary or appropriate or in the best interests of the university. The fee for use of university property shall be sufficient to ensure the recovery by the university of all direct and indirect costs associated with the use of the university property, including all direct and indirect costs of goods or services furnished by the university in connection with the use of the property.

(2) The president or the president's designee may waive all or part of the normal fee for use of a particular university property by persons not affiliated with the university under the following circumstances:

(a) Members of the university community will receive a substantial benefit from the intended use of the university property and no person or group will derive profit from the intended use of the property; or

(b) The group requesting the use of the university's property is a subdivision or agency of the state of Washington; or

(3) In the event that the fee for the use of particular university property has not been placed on the fee schedule, and if the university determines to allow the use of the property, the university will assess a fee based upon the full cost, direct and indirect, of using the property.

(4) The president or the president's designee reserves the right to create differential fee schedules for use of university property by university groups and university affiliates.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-13-073, § 516-36-035, filed 6/15/18, effective 7/16/18.

Wash. Admin. Code § 516-36-040 Private or commercial enterprise or charitable use.

(1) University property may not be used for private or commercial gain, including: Commercial advertising; solicitation and merchandising of any food, goods, wares, service, company, organization, or merchandise of any nature whatsoever; or any other form of sales or promotional activity; except that commercial activity is allowable:

(a) If the president or the president's designee has determined that the private or commercial enterprise or charitable use will serve an educational or public service purpose related to the university's mission;

(b) By special permission granted by the university president or the president's designee if an agreement, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in private, commercial or charitable activity;

(c) To the extent it represents the regular advertising, promotional, or sponsorship activities carried on, by, or in any university media, university bookstore, university athletic events, or other university authorized event, agent, or contractor;

(d) If the university purchasing department has authorized vendor representatives to solicit university departments, colleges, or business units, and where those representatives have appropriate university identification.

(2) University property may not be used by faculty, staff, or students to assist or promote a private or third-party commercial enterprise, with the following exceptions:

(a) Faculty, staff, or students may use university property that is generally available to the public on the same basis, including payment of the same fees, as may other private citizens; and

(b) Faculty may make use of university property to encourage basic and applied research in accordance with the provisions of the university policy adopted pursuant to RCW 42.52.220.

(3) University property may not be used to benefit a charitable organization, with the following exceptions:

(a) Charities that are licensed in the state of Washington may use university property that is generally available to the public on the same basis, including payment of the same fees, as may private citizens;

(b) Charities that are licensed in the state of Washington may use university property without charge by special permission granted by the university president or the president's designee where the university has determined that the charitable activity or use will serve an educational or public service purpose related to the university's mission and an agreement, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in a charitable event; and

(c) Recognized student organizations may use university property to conduct fund-raising activities for charitable purposes pursuant to university policies, procedures and all scheduling requirements.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-13-073, § 516-36-040, filed 6/15/18, effective 7/16/18. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-36-040, filed 4/27/90, effective 5/1/90
Order 75-10, § 516-36-040, filed 11/10/75.

Wash. Admin. Code § 516-36-060 Parades or other street and road activity.

Permits for parades, street/road runs, marches, or other events on university streets and roads may be obtained upon approval of the university chief of police.

Such events must be scheduled so as not to interfere with major traffic arterials or with university events or activities. For use of city streets on and adjacent to campus, permits must be obtained through the city of Bellingham.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-13-073, § 516-36-060, filed 6/15/18, effective 7/16/18.

Chapter 516-37 Use of university facilities—Libraries.

Wash. Admin. Code § 516-37-001 Use of library facilities by nonuniversity related persons.

General policy is to extend the use of the libraries' resources and facilities freely to nonuniversity persons who wish to make use of library resources. Persons using the libraries' resources and facilities are expected to maintain appropriate behavior and to adhere to such food and beverage policies as are established by the director of libraries. Such use of library resources and facilities by nonuniversity related persons does not extend to borrowing privileges, except materials may be loaned to persons in the following categories upon such terms as the director of libraries or his or her designee shall approve:

(1) Faculty and students of other universities are accorded borrowing privileges pursuant to reciprocal agreements.

(2) Persons who obtain an annually renewable community card for an annual fee.

(3) Persons who are active members of the Western Washington University Alumni Association.

(4) Cooperating teachers, upon request.

(5) Other individuals approved by the director of libraries or his or her designee.

History

Statutory Authority: RCW 28B.35.120(12). WSR 96-05-029, § 516-37-001, filed 2/14/96, effective 3/16/96. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-37-001, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-37-001, filed 11/17/72.

Wash. Admin. Code § 516-37-005 Library hours.

During the periods when classes are in session, the library hours shall be posted on the exterior wall or door of the library. Library facilities may be open for limited service on holidays when demand can be expected from the university community. Hours may be adjusted without notice to meet special conditions.

History

Statutory Authority: RCW 28B.35.120(12). WSR 96-05-029, § 516-37-005, filed 2/14/96, effective 3/16/96. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-37-005, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-37-005, filed 11/17/72.

Wash. Admin. Code § 516-37-010 Library hours—Library—Bulletin board posting.

All posting in the libraries is permitted only on the regularly designated bulletin boards, and must be approved by the library. Responsibility and supervision of all bulletin boards in the library is assigned to the reference department. All posters or materials requested to be displayed by students are expected to carry the associated students' stamp and to be dated. Posters that do not carry the associated students' stamp or that are requested to be displayed by faculty or nonstudent groups may be approved in the discretion of the director of libraries or his or her designee.

History

Statutory Authority: RCW 28B.35.120(12). WSR 96-05-029, § 516-37-010, filed 2/14/96, effective 3/16/96. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-37-010, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-37-010, filed 11/17/72.

Wash. Admin. Code § 516-37-011 Library hours—Library—Handbills.

No handbills or other literature may be passed out in the library.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-37-011, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-37-011, filed 11/17/72.

Wash. Admin. Code § 516-37-020 Use of library facilities by university-related persons.

Students, faculty, teaching assistants, and other Western Washington University personnel may borrow circulating materials for periods specified and in accordance with rules established by the director of libraries. Noncirculating materials may be borrowed as determined by the appropriate library unit. The director shall establish a schedule of charges for late returns or damaged or lost materials which shall be posted. Persons using the libraries resources and facilities are expected to maintain appropriate behavior and to adhere to such food and beverage policies as are established by the director of libraries.

History

Statutory Authority: RCW 28B.35.120(12). WSR 96-05-029, § 516-37-020, filed 2/14/96, effective 3/16/96
Order 72-10, § 516-37-020, filed 11/17/72.

Wash. Admin. Code § 516-37-030 Library—Briefcase inspection.

Briefcases and other carriers may be inspected upon the user's leaving the library.

History

Statutory Authority: RCW 28B.35.120(12). WSR 96-05-029, § 516-37-030, filed 2/14/96, effective 3/16/96
Order 72-10, § 516-37-030, filed 11/17/72.

Chapter 516-38 Access to campus services.

Wash. Admin. Code § 516-38-050 Computer center.

The computer center of Western Washington University serves the instructional, research, and administrative computing needs of the campus.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-38-050, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-38-050, filed 11/17/72.

Wash. Admin. Code § 516-38-051 Computer use.

First priority for computer use shall be given the scholarly pursuits of the university's students and staff in research and instructional processes. The computer center may, at commercially competitive rates or for value received, sell services to noncampus clientele when, in the opinion of the director of the computer center,

(1) The sale will not in any way jeopardize, dilute or compromise the center's service to campus clientele, and

(2) Similar services are not available elsewhere in the community, and

(3) The service involves an appropriate, sensible, and nontrivial use of the computer relating to some university program or goal.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-38-051, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-38-051, filed 11/17/72.

Wash. Admin. Code § 516-38-052 Computer use—Procedures.

Application forms for computer services are available at the computer center. Large projects shall be brought to the center's attention at the earliest possible time in the planning stage.

The specified times of availability of center facilities will be determined by the director and posted in a conspicuous location in the computer center. The times of availability may vary from time to time as necessary, and shall provide for an orderly progression of data processing by which the academic, administrative, and instructional requirements receive processing and such schedules may be developed and projected to provide maximum utilization of the many areas of the data processing facility for the students, faculty and administration.

History

Order 72-10, § 516-38-052, filed 11/17/72.

Wash. Admin. Code § 516-38-053 Computer use—Confidentiality.

Application for computer services by any individual or agency customer shall be deemed a representation that such customer has established and is following procedures which protect the right of individuals to the privacy and confidentiality of records concerning them, regardless of whether or not such records are mechanized. Customers shall be responsible for providing such control procedures and mechanisms as are necessary to protect the confidentiality of any particular database.

History

Order 72-10, § 516-38-053, filed 11/17/72.

Wash. Admin. Code § 516-38-110 Speech clinic.

The resources of the speech and audiology clinic of Western Washington University may be made available to persons in the region with hearing or speech defects. Applications for the use of such resources shall be made through the chairman of the department, or his or her designee, who may charge a fee for such service. The fee schedule shall be prominently posted in the office of the department.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-38-110, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-38-110, filed 11/17/72.

Wash. Admin. Code § 516-38-117 Recruitment activities.

(1) Employers or organizations (hereafter called employers) interested in hiring students or alumni, and recruiting personnel from college or university graduate schools may conduct recruitment activity on campus. These activities shall be coordinated by the career services center subject to the following conditions:

(a) Employers shall not discriminate on the basis of race, ethnicity, color, national origin, sex, sexual orientation, gender identity or expression, marital status, pregnancy or parenting status, age, creed, religion, disability (including the use of a trained guide dog or service animal), veteran or military status, citizenship or immigration status (except as authorized by federal or state law, regulation, or government contract), and/or genetic information.

(b) Employers must comply with all university recruitment policies as listed on the career services center website.

(2) All prospective employers shall be free to present their points of view, and all students shall be free to determine whether they desire to listen to their presentations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-023, § 516-38-117, filed 12/9/22, effective 1/9/23. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-38-117, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-38-117, filed 11/17/72.

Chapter 516-39 Media services.

Wash. Admin. Code § 516-39-010 Media services.

Media services provides media support for the university, primarily for classroom instruction. Support is provided in two ways: Production of medial materials and distribution/utilization of media. Services include audiovisual, video, graphics, and media engineering.

Media services provides training opportunities for students in graphics, television production and distribution, and audiovisual support. This training occurs through regular student employment and internships in collaboration with academic departments. Department staff also contribute to formal instruction in regular university courses.

There is no charge for services in direct support of classroom instruction other than for materials. For some services there are charges to other units of the university. Equipment may not be borrowed for nonuniversity purposes.

Media services may, at commercially competitive rates or for value received, sell services to noncampus clients pursuant to provisions of chapter 28B.63 RCW, "Commercial activities by institutions of higher education," as it exists now or may hereafter be amended.

History

Statutory Authority: RCW 28B.35.120(12). WSR 96-05-030, § 516-39-010, filed 2/14/96, effective 3/16/96.

Chapter 516-40 Course materials.

Wash. Admin. Code § 516-40-010 Purpose.

The purpose of this chapter is to give students more choices for purchasing educational materials and to encourage faculty and staff to work closely with bookstores and publishers to implement the least costly option without sacrificing educational content.

History

Statutory Authority: RCW 28B.10.590 and 28B.35.120(12). WSR 08-01-121, § 516-40-010, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-40-020 Definitions.

For the purposes of this chapter, the following words and phrases mean:

(1) "Course materials." Any supplies or texts required or recommended by faculty or staff for a given course. Course materials may include, but are not limited to, texts, workbooks, study guides, CD-ROMs, art supplies, and other ancillary materials.

(2) "Bundle." A group of course materials joined together by packaging or required to be purchased as an indivisible unit.

History

Statutory Authority: RCW 28B.10.590 and 28B.35.120(12). WSR 08-01-121, § 516-40-020, filed 12/18/07, effective 1/18/08.

Wash. Admin. Code § 516-40-030 Providing cost savings to students for course materials.

(1) The affiliated bookstore for Western Washington University is the Western Associated Students (AS) Bookstore. The AS Bookstore will:

(a) Provide students the option of purchasing course materials that are unbundled whenever possible;

(b) Disclose to faculty and students the retail costs of textbooks on a per book and per course basis and such information will be made publicly available;

(d) Actively promote and publicize book buy-back programs.

(2) To provide cost savings to students for course materials, Western faculty and staff members are required to consider the least costly option for such materials, including that they:

(a) Are encouraged to consider adopting the least expensive edition of course materials available when educational content is comparable.

(b) Are encouraged to work closely with publishers and the AS Bookstore to create bundles and packages if they provide a cost savings to students.

History

Statutory Authority: RCW 28B.10.590 and 28B.35.120(12). WSR 08-01-121, § 516-40-030, filed 12/18/07, effective 1/18/08.

Chapter 516-52 Health and safety.

Wash. Admin. Code § 516-52-001 Smoking on campus.

(1) Purpose. Western Washington University is dedicated to providing a healthful environment for all employees, students, and the public on campus. The university is committed to providing a smoke-free environment for anyone who does not wish to be affected by second-hand smoke.

(2) Smoke or smoking means the carrying, burning, or smoking of any lighted pipe, cigar, cigarette, electronic cigarette, vaporizing device, or any other lighted smoking equipment.

(3) Except as provided herein, smoking of all kinds is prohibited on university property. University property is all buildings, grounds, or assets owned or controlled by the university and the streets, sidewalks, plazas, parking lots to include all vehicles therein, and roadways within the boundaries of properties owned or controlled by the university. Smoking may be permitted for university-approved events such as cultural or religious uses, academic research, or theatrical productions. Advance vice president approval is required for event exemption.

(4) Any person violating this section may be subject to enforcement by the university police department. In addition, any employee, volunteer, or student who violates this section may be subject to disciplinary action.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-13-021, § 516-52-001, filed 6/9/23, effective 7/10/23
WSR 95-01-006, § 516-52-001, filed 12/8/94, effective 1/8/95
WSR 93-01-080, § 516-52-001, filed 12/14/92, effective 1/14/93. Statutory Authority: RCW 28B.35.120(11). WSR 86-03-020 (Order 12-5-85), § 516-52-001, filed 1/8/86
Order 72-10, § 516-52-001, filed 11/17/72.

Wash. Admin. Code § 516-52-010 Control of dogs and other service animals.

(1) Dogs and/or other service animals are not permitted in university buildings except for assisting persons with physical, mental and/or sensory disabilities.

(2) Dogs and/or other service animals are not permitted on university property unless under immediate control of their handler.

History

Statutory Authority: RCW 28B.35.120(12). WSR 00-22-006, § 516-52-010, filed 10/20/00, effective 11/20/00. Statutory Authority: RCW 28B.35.120(11). WSR 86-03-020 (Order 12-5-85), § 516-52-010, filed 1/8/86
Order 72-10, § 516-52-010, filed 11/17/72.

Wash. Admin. Code § 516-52-020 Weapons and armaments prohibited.

(1) Definitions. As used in this section, the following words and phrases mean:

(a) Armor or armaments. Includes, but are not limited to, shields, body armor, tactical gear, tactical face coverings, and helmets.

(b) Firearm. A weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder, whether loaded or unloaded.

(c) Weapon. Includes, but is not limited to, air guns, pellet guns, paint ball guns, or other pneumatic propellant devices, bows, crossbows, slingshots or other muscle powered projectile devices, daggers, swords, knives or other cutting or stabbing instruments with blades longer than three inches, clubs, bats, sand clubs, truncheons, metal knuckles, incendiary devices or materials, or any other objects or instruments apparently capable of producing bodily harm.

(2) Only such persons who are authorized to carry firearms, ammunition, or other weapons or armaments as duly appointed and commissioned law enforcement officers in the state of Washington, commissioned by agencies of the United States government, or authorized by contract with the university, shall possess firearms or other weapons or armaments issued for their possession by their respective law enforcement agencies or employers while on the campus or other university-controlled property, including, but not limited to, residence halls.

(3) Other than the law enforcement officers or other individuals referenced in subsection (2) of this section, individuals seeking to bring a firearm or other weapon onto campus, university-owned property, or a university sponsored event must obtain prior written authorization at the university public safety department, which shall have sole authority to review and approve any such request and, if approval is granted, establish conditions to the firearm or weapon authorization.

(4) Members of the campus community and visitors who bring firearms or other weapons or armaments to campus without prior authorization must immediately remove them from university property or place the firearm(s), weapon(s), or armament(s) in the university provided storage facility. The storage facility is located at the university public safety department and is accessible 24 hours per day.

(5) Possession of a valid concealed pistol license authorized by the state of Washington is not an exemption under this section. However, nothing in this section shall prevent an individual holding a valid concealed pistol license from securing their pistol in a vehicle as authorized under RCW 9.41.050.

(6) Except for those persons identified in subsection (2) of this section or under the circumstances described in subsection (3) or (4) of this section, possession of firearms, ammunition, fireworks, and explosives is prohibited on the university campus, university-owned property, and at university sponsored events. No one may possess fireworks or explosives unless certified or licensed to do so for purposes of conducting university-authorized activities, building construction or demolition.

(7) Some items including, but not limited to, sports equipment, kitchen utensils, laboratory materials and equipment, personal protective equipment, safety training equipment, costume/theatrical masks, and props in campus theatre productions are permitted when used for the purpose for which they are intended. Use of weapons, armor, or armaments in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons or property, or in any way to avoid apprehension for a criminal act or acts is prohibited.

(8) Violations of this section are subject to appropriate disciplinary or legal action.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-13-123, § 516-52-020, filed 6/17/22, effective 7/18/22
WSR 18-09-049, § 516-52-020, filed 4/13/18, effective 5/14/18
WSR 93-01-080, § 516-52-020, filed 12/14/92, effective 1/14/93
WSR 90-17-031, § 516-52-020, filed 8/9/90, effective 9/1/90.

Chapter 516-56 University housing and dining.

Wash. Admin. Code § 516-56-001 Housing and dining—General.

Students in university residences enhance their Western experience in diverse and inclusive communities that foster active learning, leadership, social responsibility, civic engagement, and effective citizenship, supported by a high quality, attractive, and sustainable campus environment.

Western is committed to engaged excellence in fulfilling its tripartite mission of teaching, scholarship, and community service in a student-centered environment, with a liberal arts foundation and opportunities to develop professional skills. Western provides students with a personalized teaching and learning environment of the highest quality.

Rules, regulations, policies, procedures and general information are found in the On-Campus Housing Agreement, Guide to University Residences, and the Residential Community Handbook, subject to periodic review and revisions. Up-to-date information is available on Western's website at www.housing.wwu.edu, via email at infodesk@wwu.edu, or by writing to University Residences, Edens Hall 101, Western Washington University, Bellingham, Washington, 98225-9195.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-13-053, § 516-56-001, filed 6/12/09, effective 7/13/09
WSR 98-14-051, § 516-56-001, filed 6/26/98, effective 7/27/98. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-56-001, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-56-001, filed 11/17/72.

Chapter 516-60 Admission and registration procedures.

Wash. Admin. Code § 516-60-001 Catalog.

All dates and procedures established by the board of trustees or president relating to admissions and registration shall be published annually in the appropriate university catalog and shall be considered contractual between the student and the university. The catalog is defined as Western Washington University Bulletin.

History

Statutory Authority: RCW 28B.35.120(12). WSR 04-09-106, § 516-60-001, filed 4/21/04, effective 5/22/04. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-60-001, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-60-001, filed 11/17/72.

Wash. Admin. Code § 516-60-002 Changes in catalog.

The board of trustees reserves the right of the board of trustees or president to make changes in any of the provisions of the university's catalogs without prior notice. When changes are made they shall be filed in the appropriate university offices and placed with the appropriate catalog in the reference area of the library.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-60-002, filed 4/27/90, effective 5/1/90
Order 72-10, § 516-60-002, filed 11/17/72.

Wash. Admin. Code § 516-60-010 Waivers of tuition and fees.

(1) The board of trustees is authorized to grant tuition and fee waivers to students pursuant to RCW 28B.15.910 and the laws identified therein. Each of these laws, with the exception of those required by law, authorizes but does not require the board of trustees to grant waivers for different categories of students and provides for waivers of different fees. The board of trustees or its delegate must affirmatively act to implement the legislature's grant of authority. A list of waivers that the board has implemented can be found in the Bulletin, Timetable of Classes, university website, or any subsequently adopted publication.

(2) Even when it has decided to implement a waiver listed in RCW 28B.15.910, the university, for specific reasons and a general need for flexibility in the management of its resources, may choose not to award waivers to any or all students who may be eligible under the terms of the laws, or it may decide to grant partial waivers. The university's description of the factors it may consider to adjust a waiver program to meet emergent or changing needs is found in subsection (4) of this section. All waivers are subject to subsection (4) of this section.

(3) The board of trustees also has the authority under RCW 28B.15.915 to grant waivers of all or a portion of operating fees as defined in RCW 28B.15.031. Waiver programs adopted under RCW 28B.15.915 are described in the sources identified in subsection (1) of this section. Waivers granted under RCW 28B.15.915 are subject to subsection (4) of this section.

(4) The university may modify its restrictions or requirements pursuant to changes in state or federal law, changes in programmatic requirements, or in response to financial or other considerations, which may include, but are not limited to, the need to adopt fiscally responsible budgets, the management of the overall levels and mix of enrollments, management initiatives to modify enrollment demand for specific programs and management decisions to eliminate or modify academic programs. The university may choose not to exercise the full funding authority granted under RCW 28B.15.910 and may limit the total funding available under RCW 28B.15.915, except for those waivers required by law.

History

Statutory Authority: RCW 28B.35.120(12). WSR 18-17-176, § 516-60-010, filed 8/22/18, effective 9/22/18
WSR 04-09-106, § 516-60-010, filed 4/21/04, effective 5/22/04.

Chapter 516-108 Practice and procedure.

Wash. Admin. Code § 516-108-010 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-010, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-020 Appointment of presiding officers.

The president or president's designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-020, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-030 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-030, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-040 Application for adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address:

President's Office

Old Main 450, WWU

516 High Street

Bellingham, WA 98225

Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-040, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-050 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;

(2) Challenges to contents of education records;

(3) Student conduct proceedings. The procedural rules in chapter 516-21 WAC apply to these proceedings;

(4) Parking violations. The procedural rules in chapter 516-12 WAC apply to these proceedings;

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 516-400 WAC.

History

Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688 (Title IX Education Amendments of 1972). WSR 16-06-031, § 516-108-050, filed 2/23/16, effective 3/25/16. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-050, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-060 Discovery.

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-060, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-070 Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefor in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-070, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-080 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 516-108-010, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-080, filed 4/27/90, effective 5/1/90.

Wash. Admin. Code § 516-108-090 Petitions for stay of effectiveness.

Disposition of a petition for stay of effectiveness of a final order shall be made by the official, officer, or body of officers, who entered the final order.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-108-090, filed 4/27/90, effective 5/1/90.

Chapter 516-133 Organization.

Wash. Admin. Code § 516-133-020 Organization—Operation—Information.

(1) Organization. Western Washington University is established in Title 28B RCW as a public institution of higher education. The institution is governed by an eight-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administrative office is located at the following address:

	Old Main 450, WWU 516 High Street Bellingham, WA 98225

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

(3) Information. Additional and detailed information concerning the educational offerings and sites may be obtained from the catalog, copies of which are available at the following address:

	Registrar/Admissions Office Old Main 200, WWU 516 High Street Bellingham, WA 98225

History

Statutory Authority: RCW 28B.35.120(12). WSR 00-01-055, § 516-133-020, filed 12/9/99, effective 1/9/00. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-133-020, filed 4/27/90, effective 5/1/90.

Chapter 516-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 516-400-010 Immediate suspension.

Student athletes found to have violated chapter 69.41 RCW (Legend drugs—Prescription drugs) shall, upon conviction, be immediately suspended from participation in school-sponsored athletic events by the director of athletics. The period of loss of eligibility to participate will be determined by the director of athletics at the conclusion of a brief adjudicative hearing, to be commenced within twenty days of the suspension.

History

Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. WSR 90-10-042, § 516-400-010, filed 4/27/90, effective 5/1/90.