Title 172 WAC — Eastern Washington University

Chapter 172-04 Board of trustees.

Wash. Admin. Code § 172-04-010 Regular meetings.

Times, dates and locations of regular meetings of the board of trustees of Eastern Washington University shall be published in the Washington State Register in January of each year, consistent with chapters 34.08 and 42.30 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 92-09-101, § 172-04-010, filed 4/20/92, effective 5/21/92.

Chapter 172-06 Organization and operation.

Wash. Admin. Code § 172-06-010 Organization.

(1) Eastern Washington University is established in Title 28B RCW as a public institution of higher education. The university's administrative office is located at 214 Showalter Hall, Cheney, WA 99004-2496. Normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except state legal holidays. Information about the university's educational offerings is available on the website at www.ewu.edu.

(2) The institution is governed by a board of trustees, appointed by the governor. The board consists of eight members. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(3) The university is organized into divisions and administered by vice presidents. All vice presidents are directly responsible for operations within their divisions. The vice presidents directly report to the president of the university.

(4) Additional and detailed information concerning the university is available through the university's website at www.ewu.edu.

History

Statutory Authority: RCW 28B.35.120(12) and 34.05.220. WSR 26-11-057, s 172-06-010, filed 5/19/26, effective 6/19/26. Statutory Authority: RCW 28B.35.120(12). WSR 14-24-032, § 172-06-010, filed 11/24/14, effective 12/25/14
WSR 13-24-118, § 172-06-010, filed 12/4/13, effective 1/4/14
WSR 92-09-099, § 172-06-010, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-06-020 Rules and indexes.

(1) University rules/regulations are promulgated in accordance with the Administrative Procedure Act (APA), chapter 34.05 RCW and approved by the board of trustees. The university rules coordinator is responsible for coordinating the rule making process. The university rules coordinator maintains records relating to the rule making process and is available to respond to public inquiries about possible, proposed, or existing rules. Current rules and information about the rule making process is available at https://inside.ewu.edu/policies/. Internal policies that are not subject to the APA rule making process are also available on this website. Historical amendments, revisions, and/or former provisions may be obtained through the university president's office.

(2) This section is adopted in compliance with RCW 34.05.220 and 42.56.070(5). In addition to maintaining rule making files, the rules coordinator shall also maintain an index of: Final orders that are issued in adjudicative proceedings that contain an analysis or decision of substantial importance to the university in carrying out its duties; declaratory orders issued pursuant to RCW 34.05.240 that contain an analysis or decision of substantial importance to the university in carrying out its duties; interpretive statements as defined in RCW 34.05.010; and, policy statements as defined in RCW 34.05.010. These indexes may be obtained by contacting the president's office at president@ewu.edu.

History

Statutory Authority: RCW 28B.35.120(12) and 34.05.220. WSR 26-11-057, s 172-06-020, filed 5/19/26, effective 6/19/26. Statutory Authority: RCW 28B.35.120(12). WSR 14-24-032, § 172-06-020, filed 11/24/14, effective 12/25/14.

Chapter 172-10 Public records requests.

Wash. Admin. Code § 172-10-010 Authority and purpose.

(1) Per RCW 42.56.070(1), Eastern Washington University makes available for inspection and copying nonexempt "public records" as described in these rules. 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 Eastern Washington University, regardless of the physical form or characteristics.

(2) The purpose of these rules is to establish the procedures Eastern Washington University will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of Eastern Washington University and establish processes for both requestors and Eastern Washington University staff that are designed to best assist members of the public in obtaining such access.

(3) The purpose of the Public Records 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. In carrying out its responsibilities under the act, Eastern Washington University will be guided by the provisions of the act describing its purposes and interpretation.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-010, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-020 Public records officer.

(1) Any person wishing to request access to public records of Eastern Washington University, or seeking assistance in making such a request should contact the public records officer of Eastern Washington University. Throughout this chapter, references to the public records officer shall mean the public records officer or his/her designee.

(2) Contact information:

Public Records Officer

Eastern Washington University

211 Tawanka Commons

Cheney, WA 99004

Phone: 509-359-6612

Email: prr@ewu.edu

(3) Information is also available at the Eastern Washington University website at https://inside.ewu.edu/records-management/pr.

(4) The public records officer and Eastern Washington University shall assist requestors, comply with the Public Records Act, and provide public records training and assistance to university employees.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-06-019, s 172-10-020, filed 2/20/26, effective 3/23/26
WSR 21-12-036, § 172-10-020, filed 5/25/21, effective 6/25/21
WSR 14-24-034, § 172-10-020, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-030 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of Eastern Washington University, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays, unless the requestor and the public records officer agree on a different time. Records must be inspected at the offices of Eastern Washington University.

(2) University Policy Index. An index of Eastern Washington University's generally applicable rules, policies, and procedures is available for use by members of the public and may be accessed online at www.ewu.edu/policy.

(3) Organization of records. Eastern Washington University will maintain its records in a reasonably organized manner. Eastern Washington University will take reasonable actions to protect records from damage and disorganization. A requestor shall not take Eastern Washington University records from Eastern Washington University offices without the permission of the public records officer. A variety of records are available on the Eastern Washington University website at www.ewu.edu. 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 Eastern Washington University should make the request in writing on the Eastern Washington University public records request form, letter, or email addressed to the public records officer and including the following information:

(i) Name of requestor (which may be anonymous);

(ii) Address of requestor;

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

(iv) Adequate identification of the public records for the public records officer to locate the records;

(v) The date and time of day of the request; 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, they should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to WAC 172-10-080, standard photocopies will be provided at 15 cents per page.

(c) A form is available for use by requestors at the office of the public records officer and online at https://inside.ewu.edu/records-management/pr/public-records/public-records-request-form/.

(d) The public records officer may accept requests for public records that contain the above information by telephone or in person, but is not required to do so. If the public records officer accepts such a request, they will confirm receipt of the information and the substance of the request in writing.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-06-019, s 172-10-030, filed 2/20/26, effective 3/23/26
WSR 21-12-036, § 172-10-030, filed 5/25/21, effective 6/25/21
WSR 14-24-034, § 172-10-030, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-040 Processing of public records requests—General.

(1) The public records officer will process requests in the order that allows the most requests to be processed in the most efficient manner. University employees who receive a request for public records shall immediately forward the request to the university public records officer.

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

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

(b) If copies are requested and payment of a deposit 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 may be requested and provided by telephone. The public records officer may revise the estimate of when records will be available; or

(e) Deny the request.

(3) Follow-up on requests. If Eastern Washington 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) Protecting rights of others. In the event that the requested records contain information that may affect rights of others or may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for the affected persons to seek an order from a court to prevent or limit 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 Eastern Washington 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 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, Eastern Washington University shall promptly provide space to inspect public records. 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 agency 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. Eastern Washington 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, Eastern Washington University may close the request and refile the assembled records. Subsequent requests from the same person will be processed as a new request.

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

(8) Providing records in installments. When the request is for a large number of records, the public records officer 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 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 will indicate that Eastern Washington University has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

(10) Closing withdrawn or abandoned request. When the requestor withdraws the request, fails to respond to a request for clarification, 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 Eastern Washington University has closed the request.

(11) Later discovered documents. If, after Eastern Washington University has informed the requestor that it has provided all available records, Eastern Washington University becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-040, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-050 Obligations of requestors.

(1) Reasonable notice that request is for public records. A requestor must give Eastern Washington University reasonable notice that the request is being made pursuant to the Public Records Act. Requestors should refer to the Public Records Act; however, requests using terms such as "public records," "public disclosure," "FOIA," or "Freedom of Information Act" shall be considered by the university as requests for information under the Public Records Act.

(2) Identifiable record. A requestor must request an "identifiable record" or "class of records" before the university can respond. An "identifiable record" is one that university staff can reasonably locate. An identifiable record is not a request for "information" in general. When a request uses an inexact phrase such as all records "relating to" a topic, the university may seek clarification of the request from the requestor.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-050, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-060 Processing of public records requests—Electronic records.

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records.

(2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by WAC 172-10-080.

(3) Customized access to databases. With the consent of the requestor, the university may provide customized access under RCW 43.41A.130 if the record is not reasonably locatable or not reasonably translatable into the format requested. Eastern Washington University may charge a fee consistent with RCW 43.41A.130 for such customized access.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-060, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-070 Exemptions.

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 law exempts or prohibits disclosure. Eastern Washington University maintains a nonexclusive list of records that it considers exempt from disclosure, along with the associated federal or state law that exempts those records, on its public records website at http://access.ewu.edu/public-records.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-070, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-080 Costs of providing copies of public records.

(1) Pursuant to RCW 42.56.120 (2)(b), Eastern Washington University is not calculating all actual costs for copying records because to do so would be unduly burdensome as the university does not have the resources to conduct a study to determine all actual copying costs, it is difficult to calculate all costs directly incident to copying records, and to conduct such a study would interfere with other essential university functions. In addition, the university may charge the requestor the reasonable costs of redacting, altering, distorting, pixelating, suppressing or otherwise obscuring any portion of body camera recordings in accordance with RCW 42.56.240 regardless of whether or not the requestor asks for a copy of such recordings or asks to view them in person.

(2) Costs for copies. The university will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). 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 or other agreement with a requestor. A copy of the university's fee schedule will be available on its public records website.

(3) The university may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

(4) There is no fee for inspecting public records, unless it requires customized access to a database or the redaction of body camera footage. Before beginning to make the copies, the public records officer may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. Eastern Washington University will not charge sales tax when it makes copies of public records.

(5) Costs of mailing. Eastern Washington University may also charge actual costs of mailing, including the cost of the shipping container.

(6) Payment. Payment may be made by cash, check, or money order to Eastern Washington University.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-12-036, § 172-10-080, filed 5/25/21, effective 6/25/21. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-06-019, § 172-10-080, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-080, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-10-090 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 (including email) 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 denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the vice president for business and strategy, who will immediately consider the petition and either affirm or reverse the denial within two business days following the university's receipt of the petition, or within such other time as Eastern Washington University and the requestor mutually agree to.

(3) 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. A requestor may initiate such a review by sending a request for review to: Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, Washington 98504-0100 or publicrecords@atg.wa.gov.

(4) 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). WSR 26-06-019, s 172-10-090, filed 2/20/26, effective 3/23/26. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-06-025, § 172-10-090, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 14-24-034, § 172-10-090, filed 11/24/14, effective 12/25/14.

Chapter 172-11 Financial aid, scholarships and waivers.

Wash. Admin. Code § 172-11-010 Authority.

Pursuant to the authority granted by RCW 28B.35.120 and chapter 28B.15 RCW, the board of trustees of Eastern Washington University has established the following regulations regarding registration.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-07-010, § 172-11-010, filed 3/4/21, effective 4/4/21.

Wash. Admin. Code § 172-11-030 Financial aid and scholarship information.

Federal, state, and private financial aid applications and information about scholarships may be obtained from:

Eastern Washington University

Financial Aid & Scholarships Office

102 Sutton Hall

333 Eagle Lane

Cheney, WA 99004

Federal and state aid will be awarded in accordance with applicable federal and state laws and regulations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-07-010, § 172-11-030, filed 3/4/21, effective 4/4/21.

Wash. Admin. Code § 172-11-040 Waiver of tuition.

(1) The board of trustees is authorized to grant tuition waivers to students pursuant to RCW 28B.15.910 and the laws identified therein. A number of these statutes authorize, but do not require, the board of trustees to grant waivers for different categories of students and provide waivers of different fees. For waivers that are authorized but not required by state law, the board of trustees delegates to the president or designee the authority to implement voluntary tuition waivers. The permissive waivers that EWU has implemented are identified below in subsection (3) of this section. A full list of permissive waivers and mandatory waivers is available from EWU's financial aid and scholarships office. These waivers may be modified at any time. Eligibility is based on the term for which the student is seeking a waiver and both the waiver and eligibility criteria may be subsequently modified or revoked with or without notice to a student. Awarding of a waiver for one term is not a guarantee that the waiver will be awarded in a subsequent term.

(2) Even if EWU has implemented a permissive waiver, the university, for specific reasons and a general need for flexibility in the management of its resources, may choose not to award waivers to all students who may be eligible under the terms of the laws due to funding limitations and enrollment strategies. 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 regarding the array of academic programs offered. 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.

(3) Pursuant to RCW 28B.15.910, EWU adopts the following tuition waivers with the following limitations. These limitations are in addition to any limitations set forth in state or federal law.

(a) RCW 28B.15.014(1);

(b) RCW 28B.15.014(2). Waivers under this subsection for the nonresident tuition fee differential shall be restricted to three quarters within the first year from the employee's initial date of employment with EWU. The employee must be employed on or before the first day of the quarter for which the waiver is requested;

(c) RCW 28B.15.544. Applicants must meet initial enrollment and academic eligibility requirements available on the financial aid office's website;

(d) RCW 28B.15.556. Limitations are included in specific student exchange agreements;

(e) RCW 28B.15.558. All waivers authorized by RCW 28B.15.558 shall be subject to additional limitations as determined by the university. The details of EWU's program of tuition waivers for state, teachers and other certificated instructional staff, and K-12 classified staff are set forth in EWU Policy 409-04. As authorized by RCW 28B.15.558(5), waivers may be awarded to eligible EWU employees before considering waivers for eligible persons who are not employed by EWU. These waivers are not available for self-support courses or individualized instruction;

(f) RCW 28B.15.615;

(g) RCW 28B.15.621(2). This waiver is limited to Washington residents who are enrolled full-time and pursuing their first undergraduate degree and is only a partial waiver. Information about eligibility for this waiver is available on the financial aid office's website. To qualify as an eligible veteran or National Guard member, the person seeking the waiver must provide proof of domicile in Washington state and either a DD Form 214 or other documentation establishing they meet the criteria in RCW 28B.15.621(8);

(h) RCW 28B.15.740 (1) and (2);

(i) RCW 28B.70.050; and

(j) Pursuant to the general authority granted in RCW 28B.15.740(1), an employee dependent children and spouses' tuition waiver as detailed in EWU Policy 405-01.

(4) Any waivers identified in subsection (3) of this section only apply to the operating portion of tuition for state supported courses or programs, unless otherwise required by law. They do not apply to self-support courses or programs.

(5) Additional procedures and requirements for the waivers identified in subsection (3) of this section may be included in EWU policies. EWU may offer additional waivers at its discretion under RCW 28B.15.915.

(6) Information about fee waivers is available from Financial Aid & Scholarships Office, 102 Sutton Hall, Cheney, WA 99004, phone 509-359-2314.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-11-102, § 172-11-040, filed 5/17/24, effective 6/17/24
WSR 21-07-010, § 172-11-040, filed 3/4/21, effective 4/4/21.

Chapter 172-64 Alcohol policy at Eastern Washington University.

Wash. Admin. Code § 172-64-010 Policy.

Alcoholic beverages may be possessed, sold, served, and/or consumed on university owned or operated property and/or at university sponsored events and activities only as provided for in this chapter.

EWU prohibits the unlawful possession, use, consumption or distribution of alcohol by students, employees, or visitors on university property or during any university-sponsored program or activity, whether held on or off campus. Members of the university community are responsible for complying with these rules as well as all state laws regarding the use, possession and/or distribution of alcohol.

The university will respond to reported or suspected violations of these rules and take appropriate action, up to and including referral to law enforcement agencies for criminal prosecution.

University employees, students, and student organizations are subject to disciplinary action for violations of these rules and associated state laws, local ordinances, and university policies.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-07-005, § 172-64-010, filed 3/4/21, effective 4/4/21
WSR 14-24-037, § 172-64-010, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-010, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-020 Alcohol use in university residence halls.

(1) Applicability. This section establishes rules for alcoholic beverages in residence halls that are owned or operated by Eastern Washington University.

(2) General policy. Persons, who are at least twenty-one years old, may possess and consume alcoholic beverages in the privacy of individual residence hall rooms subject to the requirements of this section.

(3) Restrictions.

(a) Consumption of alcoholic beverages is prohibited in any areas of residence halls outside of individual rooms including, but not limited to, hallways, entrances, corridors, lounges, and reception areas.

(b) Doors to individual residence hall rooms must remain closed while alcohol is being consumed.

(d) Selling or providing alcohol to minors is prohibited.

(e) Alcohol is prohibited in any residence hall room where any student living in the room is under twenty-one years old, regardless of whether the under-age student is present or not.

(f) Alcohol may not be consumed in any room where any person present is under twenty-one years old.

(g) Alcohol may not be consumed in any area designated as alcohol-free housing.

(h) Residents in Brewster Hall or the apartments, who are at least twenty-one years old, may have alcohol in their individual room but not in their common room areas if any of their suitemates are under twenty-one except for approved family housing.

(i) Vendors may not deliver alcohol to residence halls or any other campus area except as provided for in WAC 172-64-090.

(j) Alcohol must not be visible to the public when carried into a residence hall.

(k) Alcohol containers may not be used as decorative pieces in residence halls.

(l) Students shall comply with reasonable requests by university staff to provide identification, proof of age, and/or show contents of a container when requested.

(m) Possession and consumption of alcohol in the privacy of individual residence hall rooms must not infringe on the privacy and peace of other individuals.

(n) Residence hall or housing funds may not be used to purchase alcoholic beverages.

(4) Alcohol-free housing. Per RCW 28B.10.575, the university shall notify all students applying for student housing of the availability of housing where all alcoholic beverage use is prohibited. The university shall accommodate student requests for alcohol-free housing.

(5) Awareness. The university shall distribute to students in university residence halls the process for reporting violations and complaints of alcohol and illegal drug use, the policies and procedures for investigating such complaints, and sanctions that may be applied for violations of the institution's alcohol and illegal drug use policies.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-07-005, § 172-64-020, filed 3/4/21, effective 4/4/21
WSR 15-14-077, § 172-64-020, filed 6/29/15, effective 7/30/15
WSR 14-24-037, § 172-64-020, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-020, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-030 Alcohol use in private university residences.

Persons of legal age may possess, consume, and/or serve alcohol inside university-owned buildings other than residence halls or the apartments when the buildings are being used as private residence, such as the University House.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-07-005, § 172-64-030, filed 3/4/21, effective 4/4/21
WSR 14-24-037, § 172-64-030, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-030, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-035 Alcohol use in academic courses.

This section establishes rules for academic courses that include possessing, tasting, serving, brewing, or otherwise using alcoholic beverages as part of the course curriculum. All such courses must:

(1) Comply with all rules under RCW 66.20.010(12) and any additional provisions required by the Washington state liquor and cannabis board;

(2) Maintain a current class 15 permit for the course;

(3) All instructors must be at least 21 years old and have a current class 12 or 13 alcohol server permit;

(4) Publish course fee descriptions which clearly indicate when part of the course fee will be used to purchase alcoholic beverages and/or ingredients for producing alcoholic beverages for use in the course;

(5) Purchase, store, and dispose of alcoholic beverages and/or ingredients for producing alcoholic beverages per university procedures set forth by risk management and purchasing; and

(6) Allow only course instructors with a current class 15 permit to transport alcoholic beverages in support of an academic course.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-041, § 172-64-035, filed 5/25/22, effective 6/25/22.

Wash. Admin. Code § 172-64-040 Alcohol use at on-campus events and events off-campus that are sponsored by the university.

(1) On university property. This section establishes rules for possessing, consuming, selling, and/or serving alcoholic beverages on university-owned or operated property, regardless of whether an event is sponsored by the university and regardless of whether event sponsors are affiliated with the university. This section does not apply to academic courses that are authorized by and subject to WAC 172-64-035.

(a) Sponsor requirements. Sponsors of an event where alcohol is to be possessed, sold, served and/or consumed, must comply with the following requirements:

(i) Obtain written permission from the appropriate official(s) in advance of the event:

(A) Student clubs and organizations must obtain permission from the student activities office;

(B) For all other requests, sponsors must obtain permission from the vice president for business and finance or designee;

(ii) Contact event planning to request a banquet permit or a special occasion license per WAC 172-64-070;

(iii) Comply with all Washington state laws, chapter 172-64 WAC, all other university rules and policies; and any additional instructions provided to the event/activity sponsor as a condition of approval;

(iv) Ensure Washington state alcohol serving requirements are enforced:

(A) Event sponsors must ensure that all persons designated to serve alcohol are at least 21 years old and have received alcohol server training;

(B) Event sponsors must ensure that servers check ID and do not serve alcohol to any person who is under 21 years old or who appears intoxicated;

(v) Prohibit serving alcohol during normal, university business hours unless an exception has been granted as part of the request under (a)(i) of this subsection;

(vi) Prohibit persons from bringing alcoholic beverages into the event unless specifically authorized by the banquet permit or special occasion license;

(vii) Prohibit persons from taking alcoholic beverages outside of the approved alcohol use area, except for beer/wine in the original unopened container that is sold or auctioned for off-premises consumption as specifically authorized by a special occasion license;

(viii) Provide food or snacks and nonalcoholic beverages at the same place as alcoholic beverages and feature nonalcoholic beverages at least as prominently as alcoholic beverages;

(ix) Inform university police of the event and consult with the university police about appropriate security measures.

The university police shall determine appropriate security measures to be taken for on-campus events where alcohol is to be possessed, consumed, sold, and/or served. University police shall coordinate with the event's sponsor and appropriate university personnel to assist in compliance with state laws and university rules; and

(x) Gifts, awards, and rewards. Alcoholic beverages may not be provided as gifts or awards to any person as part of any event conducted under a special occasion license.

(2) Publicity and advertising of events on campus and off campus. The following rules apply to any events on university-owned or operated property as well as university-sponsored events off campus.

(a) Events conducted under a banquet permit are by invitation only and may not be advertised to the public.

(b) All announcements and advertisements concerning an event including, but not limited to, flyers, notices, posters, banners, tee-shirts and newspaper and radio announcements, must:

(i) Note the availability of nonalcoholic beverages at least as prominently as the availability of alcoholic beverages;

(ii) State that proper identification is required in order to be served or sold alcoholic beverages; and

(iii) Not make reference to the amount of alcoholic beverages available at the event.

(i) Must not make reference to any form of drinking contest. Drinking contests and similar activities which encourage the rapid and/or excessive consumption of alcoholic beverages are prohibited;

(ii) Must not portray drinking as a solution to personal or academic problems or as necessary to social, sexual, or academic success; and

(iii) Must not encourage any form of alcohol abuse or place emphasis on quantity or frequency of consumption.

(3) University-sponsored events off campus.

(a) All university-sponsored events involving the consumption of alcohol must take place outside of normal university business hours unless permission is obtained in advance from the vice president for business and finance or designee.

(b) If a university sponsored event is hosted off campus at the site of a private vendor, individuals may purchase alcohol from the private vendor. The private vendor is responsible for complying with all relevant state and local laws.

(c) If a university sponsored event is hosted off campus at an employee's private residence, university employees are prohibited from serving or providing alcohol to any university students.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-041, § 172-64-040, filed 5/25/22, effective 6/25/22
WSR 21-07-005, § 172-64-040, filed 3/4/21, effective 4/4/21
WSR 15-14-077, § 172-64-040, filed 6/29/15, effective 7/30/15
WSR 14-24-037, § 172-64-040, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-040, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-050 Alcohol use during group trips.

(1) This section applies to the possession and consumption of alcoholic beverages by university employees and/or students when participating in a university sponsored or supported group trip including, but not limited to, group attendance at conferences, conventions, seminars, training, field trips, etc., except that this section does not apply to academic courses that are authorized by and subject to WAC 172-64-035.

(2) Unless an exception has been granted per subsection (3) of this section, during supervised periods of a group trip (e.g., when work, instruction, or official business is being conducted) employees and students shall not possess or consume alcohol.

(3) Exceptions may be granted if the trip involves attending a function where the consumption of alcohol is a cultural or social expectation. Examples of such functions include, but are not limited to, receptions, cultural exchanges, and professional gatherings. Requests for exceptions must be made to the appropriate vice president. For approved requests, participants must:

(a) Comply with all applicable local laws; and

(b) Comply with all additional requirements and/or instructions provided as a condition of the approval.

(4) Notwithstanding any other rules or exceptions under this policy, university employees and students shall not:

(a) Consume alcohol during any period of time when they are responsible for the care and/or transportation of other group members;

(b) Transport alcoholic beverages in any vehicle, including personal and rental vehicles, used in support of a group trip.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-041, § 172-64-050, filed 5/25/22, effective 6/25/22
WSR 15-14-077, § 172-64-050, filed 6/29/15, effective 7/30/15
WSR 14-24-037, § 172-64-050, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-050, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-060 Sponsorship by alcohol manufacturers, distributors, and vendors.

University groups may accept donations of alcoholic beverages, funds, or other sponsorship from manufacturers, distributors, or vendors of alcoholic beverages, so long as such sponsorship is in compliance with state laws and regulations and has been approved by the vice president for business and finance.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-037, § 172-64-060, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-060, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-070 Banquet permits and special occasion licenses.

A banquet permit or a special occasion license must be obtained in order to permit alcoholic beverages to be possessed, sold, served, and/or consumed on university owned or operated property and/or at university-sponsored events and activities. This section does not apply to academic courses that are authorized by and subject to WAC 172-64-035.

Banquet permits and special occasion licenses have specific rules concerning alcohol serving, sales (including raffles and gifts), event advertising, and related issues as contained in chapters 314-05 and 314-18 WAC.

Event organizers must contact EWU event planning to initiate the process for obtaining a banquet permit or special occasion license. Banquet permits and special occasion licenses are issued by the Washington state liquor and cannabis board.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-041, § 172-64-070, filed 5/25/22, effective 6/25/22
WSR 21-07-005, § 172-64-070, filed 3/4/21, effective 4/4/21
WSR 14-24-037, § 172-64-070, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-070, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-080 Application for a liquor license.

The board of trustees of Eastern Washington University approves the sale of alcohol on the premises of Eastern Washington University, and reserves the right to subsequently adopt rules and regulations governing the same.

The board of trustees delegates to the university president, or designee, the responsibility for investigating and establishing a program to implement the board's policy of permitting alcohol to be sold on campus. Such program may only be implemented with board approval.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-037, § 172-64-080, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-080, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-090 Alcohol sales and delivery on university owned or operated property.

Vendors may not sell and/or deliver alcohol on property owned or operated by the university except as is necessary to support a function that has obtained a banquet permit or a special occasion license, or for sales or deliveries to an on-campus entity or business holding a valid liquor license, or to an academic department holding a valid class 15 permit.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-041, § 172-64-090, filed 5/25/22, effective 6/25/22
WSR 14-24-037, § 172-64-090, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-090, filed 8/29/03, effective 9/29/03.

Wash. Admin. Code § 172-64-100 University enforcement of alcohol policy.

The university may take action under this chapter for any violations over which it has jurisdiction.

Violations of this chapter may also be violations of federal, state, or local laws. A person may face criminal and civil prosecution as well as university disciplinary action for violation of these regulations and/or related laws. University enforcement of this chapter may be carried out prior to, simultaneously with, or following civil or criminal proceedings in the courts.

(1) Student violations. Violations of these rules by students and/or recognized student organizations will be reported to the dean of students for possible action under the Student conduct code, chapter 172-121 WAC.

(2) Employee violations. Violations by university employees may result in disciplinary action, up to and including termination of employment, in accordance with applicable rules, collective bargaining agreements, and university policies.

(3) Guest violations. Guests who violate this chapter may be removed from campus or be given a notice against trespass.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-037, § 172-64-100, filed 11/24/14, effective 12/25/14
WSR 03-18-070, § 172-64-100, filed 8/29/03, effective 9/29/03.

Chapter 172-90 Student academic integrity.

Wash. Admin. Code § 172-90-010 General.

These rules establish standards for student academic integrity at Eastern Washington University (EWU). EWU expects the highest standards of academic integrity of its students. Academic integrity is the responsibility of both students and instructors. The university supports the instructor in setting and maintaining standards of academic integrity. Academic integrity is the foundation of a fair and supportive learning environment for all students. Personal responsibility for academic performance is essential for equitable assessment of student accomplishments. Charges of violations of academic integrity are reviewed through a process that allows for student learning and impartial review.

These rules apply to all EWU instructors, staff, and students admitted to the university, including conditional or probationary admittance, and to all departments and programs, in all locations, including online. These rules provide procedures for resolving alleged violations by students. All academic integrity proceedings are brief adjudicative proceedings and shall be conducted in an informal manner. If the potential sanction for a violation of this policy is a suspension or expulsion, the academic integrity board will refer the matter for a full adjudicative proceeding under the Student conduct code, chapter 172-121 WAC, as detailed below in WAC 172-90-100 and 172-90-160.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-042, § 172-90-010, filed 5/25/22, effective 6/25/22
WSR 17-11-052, § 172-90-010, filed 5/15/17, effective 6/15/17
WSR 15-14-079, § 172-90-010, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-010, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-020 Responsibilities.

(1) Associate vice president for academic policy (AVP): The AVP is primarily responsible for the university academic integrity program. The AVP or designee shall:

(a) Oversee the academic integrity program;

(b) Maintain a system for academic integrity reporting and recordkeeping;

(d) Maintain all academic integrity records per Washington state records retention standards;

(e) Coordinate academic integrity training for instructors and students, as needed or requested; and

(f) Develop and/or facilitate development of academic integrity program support resources, including guides, procedures, web presence, training materials, presentations, and similar resources.

Throughout this chapter and unless otherwise stated, the term "AVP," shall mean the AVP who is handling the academic integrity case or their designee.

(2) Academic integrity board (AIB): The academic integrity board is a standing committee of the faculty organization. The academic integrity board is responsible for administering and managing academic integrity functions.

(a) The AIB shall:

(i) Promote academic integrity at EWU;

(ii) Review academic integrity cases, make determinations as to whether a violation occurred, and impose academic and/or institutional sanctions;

(iii) Conduct academic integrity board hearings;

(iv) Assist the AVP in development of academic integrity program support resources;

(v) Respond, as appropriate, to campus needs related to the academic integrity program;

(vi) Coordinate AIB activities with the AVP; and

(vii) Continually assess academic integrity process outcomes to ensure equitability of sanctions vis-à-vis violations.

(b) The AIB is appointed by the faculty senate based on recommendations from represented groups (e.g., colleges, library, ASEWU). The AIB will select among its members a chair and vice chair. Board composition or membership may be modified to support university needs with the consent of the AVP and approval of the provost. At a minimum, AIB membership will include:

(i) Two members from each college, one primary and one alternate. Both must hold or have held instructor rank. The primary and alternate must be from different academic departments. The alternate shall serve when a case involves an instructor in the primary member's own department. The alternate may also serve when the primary member is not available. One of the primary members shall also be designated as vice chair.

(ii) One member representing EWU libraries and one alternate.

(iii) One student member representing ASEWU.

(iv) One chair (does not vote except to break a tie).

(c) The AIB holds regular meetings to review cases the first and third Thursdays of every month, or as set forth by the faculty organization. AIB reviews are held in abeyance during holidays, academic breaks, and other times when no classes are scheduled. AIB reviews may be canceled in other circumstances with the consent of the AIB chair. Any member who is unavailable shall inform the AIB chair who will arrange for a replacement.

(d) A quorum shall consist of three voting members plus the chair or vice chair.

(3) Instructors shall:

(a) Know and follow the academic integrity rules and policies of the university;

(b) Include, in each course syllabus, a reference to university academic integrity standards and a clear statement that suspected violations will be handled in accordance with those standards;

(d) Foster an environment where academic integrity is expected and respected;

(e) Endeavor to detect and properly handle violations of academic integrity; and

(f) Support and comply with the determinations of the AIB and the AVP.

(4) Students shall:

(a) Demonstrate behavior that is honest and ethical in their academic work; and

(b) Know and follow the academic integrity rules and policies of the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-042, § 172-90-020, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-07-045, § 172-90-020, filed 3/14/19, effective 4/14/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-020, filed 5/15/17, effective 6/15/17
WSR 15-14-079, § 172-90-020, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-020, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-030 Standard of proof.

The standard of proof for cases of academic integrity violations is a preponderance of the evidence which is satisfied when the evidence indicates that it is more likely than not that the accused person actually committed the violation.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-20-082, § 172-90-030, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-040 Privacy.

Individual information in academic integrity matters is protected under the Family Educational Rights and Privacy Act (FERPA). The protection and release of such information shall be as provided for in chapter 172-191 WAC, Student Education Records.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-20-082, § 172-090-040 (codified as WAC 172-90-040), filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-050 Course drop/withdrawal suspended.

A student officially notified of charges of a violation of academic integrity may not drop or withdraw from the course while the matter is pending. Any attempt to drop or withdraw from a course under these circumstances will be considered a separate violation of these rules, unless the student is withdrawing for medical or military reasons, or other exceptional circumstances, as provided for in the university's registration policies.

If the student is found not responsible for violating academic integrity standards, the student will be permitted to withdraw from the course with a grade of "W" and with no financial penalty, regardless of the deadline for official withdrawal.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-20-082, § 172-90-050, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-060 Continuation in course.

A student is expected to continue to attend and perform all expected course work within a course (take tests, submit papers, participate in discussions, and labs, etc.) while a charge of a violation of academic integrity is under review, even if the instructor's recommendation is a failing grade in the course, suspension or expulsion. Full status as an enrollee in a course is expected to continue until a final sanction is imposed. A student may not continue to attend any course in which a final sanction of a failing grade, suspension, or expulsion has been imposed.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-14-079, § 172-90-060, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-060, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-070 Pending cases at end of term.

If a case cannot be resolved prior to the date that final grades must be reported, the instructor will assign a grade of "N." Upon resolution of the academic integrity process, the N grade will be modified accordingly.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-20-082, § 172-90-070, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-100 Violations and sanctions.

(1) Violations: Violations of academic integrity involve the use or attempted use of any method or technique enabling a student to misrepresent the quality or integrity of any of his or her work. Violations of academic integrity include, but are not limited to:

(a) Plagiarism: Representing the work of another as one's own work;

(b) Preparing work for another that is to be used as that person's own work;

(d) Knowingly and willfully falsifying or manufacturing scientific or educational data and representing the same to be the result of scientific or scholarly experiment or research; or

(e) Knowingly furnishing false information to a university official relative to academic matters.

(2) Classes of violations:

(a) Class I violations are acts that are mostly due to ignorance, confusion and/or poor communication between instructor and class, such as an unintentional violation of the class rules on collaboration. Sanctions for class I offenses typically include a reprimand, educational opportunity, and/or a grade penalty on the assignment/test.

(b) Class II violations are acts involving a deliberate failure to comply with assignment directions, some conspiracy and/or intent to deceive, such as use of the internet when prohibited, fabricated endnotes or data, or copying answers from another student's test. Sanctions for class II offenses typically include similar sanctions as described for class I violations, as well as a course grade penalty or course failure.

(c) Class III violations are acts of violation of academic integrity standards that involve significant premeditation, conspiracy and/or intent to deceive, such as purchasing or selling a research paper. Sanctions for class III violations typically include similar sanctions as given for class I and II violations, as well as possible removal from the academic program and/or suspension or expulsion.

(3) Sanctions: A variety of sanctions may be applied in the event that a violation of academic integrity is found to have occurred. Sanctions are assigned based primarily on the class of the violation and whether or not the student has previously violated academic integrity rules. Absent extenuating circumstances, assigned sanctions are imposed without delay and are not held in abeyance during appeal actions. Sanctions may be combined and may include, but are not limited to:

(a) Verbal or written reprimand;

(b) Educational opportunity, such as an assignment, research or taking a course or tutorial on academic integrity;

(d) Course grade penalty;

(e) Course failure;

(f) Removal from the academic program;

(g) Suspension for a definite period of time; and

(h) Expulsion from the university.

If a student was previously found to have violated an academic integrity standard, the sanction imposed for any subsequent violations should take into account the student's previous behavior. Sanctions of suspension or expulsion may be noted on a student's transcript.

(4) Sanctioning authorities:

(a) Instructors may impose reprimands, educational opportunities, grade penalties, and/or course failure sanctions and may recommend more severe sanctions.

(b) The academic integrity board (AIB) has the authority to impose the same sanctions as an instructor, or to modify any sanctions imposed by the instructor. In addition, the AIB may remove a student from an academic program, with the concurrence of the instructor and the department chair.

(c) If, after determining that a student has engaged in an academic integrity code violation and imposing the academic sanctions identified in (a) and/or (b) of this subsection, the AIB believes that a suspension or expulsion may be appropriate, the AIB may, in addition to imposing such sanctions, refer the case to the director of student rights and responsibilities for a full hearing under the student conduct code, chapter 172-121 WAC. If the AIB recommends a case for a possible suspension or expulsion, the director of student rights and responsibilities will ensure the student is provided with a full hearing under the student conduct code, chapter 172-121 WAC. In such cases, a member of the AIB hearing panel will provide a written statement for the student conduct hearing as to why the case has been forwarded to student rights and responsibilities. The student disciplinary council will make its own factual determinations and may impose a sanction of suspension or expulsion, or a lesser sanction as set forth in the student conduct code, in accordance with the student conduct code. The student disciplinary council cannot impose an academic sanction as those are determined by the AIB. The student disciplinary council's sanctions are in addition to any sanctions imposed by the AIB.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-042, § 172-90-100, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-07-045, § 172-90-100, filed 3/14/19, effective 4/14/19
WSR 18-06-020, § 172-90-100, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-100, filed 5/15/17, effective 6/15/17
WSR 15-14-079, § 172-90-100, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-100, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-120 Initiation.

(1) Reporting: Each member of the university community is responsible for supporting academic integrity standards. Any person who suspects a violation of these rules is expected to report their suspicion to the course instructor or other appropriate university official. Students are strongly encouraged to report suspected violations to the course instructor, the AVP, or other university official.

Throughout this chapter, the term "instructor" shall refer to the instructor or other university official who reports a suspected violation under this chapter.

A person who knowingly makes a false allegation that a violation of these rules has occurred, will be subject to disciplinary action as appropriate.

(2) Authority: The primary responsibility for bringing a charge of violating academic integrity standards rests with the instructor. Graduate assistants, teaching assistants, research assistants, student workers, exam proctors, online coordinators and any other persons who assist or support an instructor in teaching should report suspected violations of academic integrity standards to the instructor of record.

Instructors may be represented by their academic department chair in cases where the instructor is unavailable or otherwise unable to actively participate in the process.

(3) Contact student: If an instructor suspects that a violation has occurred, the instructor may elect to discuss the matter with the student or contact the student via email or other form of electronic communication prior to taking any other action.

(4) Instructor action: In response to a report or suspicion of violation of academic integrity standards, the instructor has the following options:

(a) Dismiss the matter: If the instructor concludes that there is no violation of these rules, the matter is over.

(b) Resolve internally (internal resolution): If the instructor believes that the student committed a class I violation of academic rules, the instructor may take one or more of the following actions without entering an official violation per subsection (5) of this section:

(i) Instruct the student on academic integrity standards and explain how the student failed to comply with those standards;

(ii) Allow the student to modify or redo the assignment; and/or

(iii) Provide the student with an educational opportunity to reiterate academic integrity (such as an assignment, research, course or tutorial on academic integrity).

| Note: | If an instructor intends to impose any sanction that will affect the student's course grade, he/she must initiate the academic integrity process; internal resolution may not be used in such cases. | | --- | --- |

If the student does not cooperate with the internal resolution, the instructor should initiate the formal academic integrity process by reporting the violation as described in subsection (5) of this section.

(c) Initiate the academic integrity process: If the instructor believes that the student violated academic integrity standards and internal resolution is not appropriate, the instructor shall initiate the academic integrity process by reporting the violation to the AVP per institutional practice.

(5) Report violation: To initiate an academic integrity action, the instructor provides information regarding the violation to the AVP, including:

(a) A description of the alleged violation;

(b) A summary of any conversations the instructor has had with the student regarding the violation;

(d) The method of resolution desired by the instructor (i.e., summary process or AIB review).

When reporting the violation, the instructor will also submit documents (e.g., syllabus, test, essay, etc.) that are pertinent to the violation being reported.

Instructors should initiate this process within seven calendar days after becoming aware of the suspected violation. If the instructor attempted to contact the student via email or another form of electronic communication and the student is not responsive, the instructor should initiate the process up to seven calendar days after the first electronic communication. In cases where the student has agreed to certain conditions to resolve the matter internally, per subsection (4)(b) of this section, and the student has failed to comply with those conditions, the instructor may initiate the process up to seven calendar days after the student has failed to meet a resolution condition.

(6) AVP review. After a violation has been reported, the AVP will determine whether the summary process or AIB review process will be used.

In cases where the student has any prior violation, the AVP must process the case for AIB review under WAC 172-90-160.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-042, § 172-90-120, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-07-045, § 172-90-120, filed 3/14/19, effective 4/14/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-120, filed 5/15/17, effective 6/15/17
WSR 15-14-079, § 172-90-120, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-120, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-140 Summary process.

(1) Initiation: The summary process may be initiated when:

(a) The instructor and student both agree to the summary process;

(b) The AVP agrees that the summary process is appropriate to the circumstances;

(d) The alleged behavior would most likely not warrant a sanction of suspension or expulsion.

(2) Student notification: The AVP will notify the student of the violation, proposed sanctions, and of their response options. Notification will be made to the student's official university email address. If the student is no longer enrolled in the university, the AVP shall send the notification to the student's last known address. Notification will include:

(a) All information provided by the instructor when the violation was reported and all documents related to the alleged violation. However, information and documents should be redacted to the extent their release would compromise test or examination contents or if the documents include other student's education records;

(b) Documents related to the alleged violation;

(d) A description of the student's options; and

(e) Contact information for the AVP's office where the student can request further information and assistance.

(3) Student response options:

(a) Concur: The student may accept responsibility for the stated violation and accept all sanctions imposed and/or recommended by the instructor. The student indicates their acceptance by following the instructions provided with the notification. The AVP will coordinate sanctioning with the instructor and/or the AIB as needed.

(b) Conference: If a conference had not already occurred, the student may request to meet with the instructor in order to discuss the alleged violation and/or proposed sanction(s). If the instructor declines the request, the matter will be referred to the AIB for further review and action. The instructor and student may discuss the matter by any means that is agreeable to both (e.g., in-person, telephonically, or via email). The student shall contact the instructor to arrange a discussion time/method.

(i) In arranging a conference, the instructor shall make a reasonable effort to accommodate the student's preferences, but is not obligated to meet with the student outside of normal "office" hours. If the student and instructor cannot agree on a date/time to meet, the instructor or student may refer the matter to the AIB for review and action.

(ii) During a conference, the instructor and student will attempt to reach an agreement regarding the allegation and sanction(s).

(iii) If the student and instructor come to an agreement, the instructor will inform the AVP of the outcome. The AVP will coordinate sanctioning with the instructor and/or the AIB as needed.

(iv) If the student and the instructor cannot come to an agreement within seven calendar days, the instructor will inform the AVP and the matter will then be referred for AIB review and action.

(d) Failure to respond: If the student does not respond to the notification within seven calendar days, the AVP will send another notification to the student. Failure of the student to respond to the second notification within seven calendar days will be treated as an admission of responsibility and acceptance of the proposed sanctions. The AVP will coordinate with the instructor to impose the appropriate sanction(s).

(4) Extensions. If any of the notifications in this process are sent to a student or faculty member outside of the relevant program's academic term, the AVP may grant the student or faculty member a continuance to the deadline for responding upon request.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-042, § 172-90-140, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-07-045, § 172-90-140, filed 3/14/19, effective 4/14/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-140, filed 5/15/17, effective 6/15/17
WSR 15-14-079, § 172-90-140, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-140, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-160 Academic integrity board review process.

(1) Initiation: The AIB review process will be initiated when:

(a) The instructor or student requests AIB review;

(b) The instructor refers the matter to the AIB because the instructor and student could not agree to a conference date/time or did not reach an agreement during a conference; or

(2) Scheduling: Within seven calendar days of determining that an AIB review is in order, the AVP shall schedule a review for the next available meeting of the AIB.

(3) Notification: The AVP will notify the student, instructor, and AIB chair. Notification will include:

(a) All information provided by the instructor when the violation was reported and all documents related to the alleged violation. However, any such information and documents that were previously provided to the student are not required to be included in this notification. Also, information and documents should be redacted to the extent their release would compromise test or examination contents or if the documents include other student's education records;

(b) The date/time of the AIB review;

(d) A clear statement that the AIB review is a closed process (no student, instructor or person other than the board is present at the review);

(e) A description of the specific rules governing the AIB review process;

(f) A description of the university's academic integrity rules and processes; and

(g) Contact information for the AVP's office where the student and/or instructor can request further information and assistance. Notifications will strongly encourage the student to contact the AVP to ensure that the student understands the process, the violation, and the potential sanctions.

(4) Student and instructor response: The student must prepare a written statement and submit the statement to the AVP's office within seven calendar days after receiving the AIB review notice. The student may include any relevant written documentation, written third-party statements, or other evidence deemed relevant to the student's interests. Unless already provided, the instructor should submit the syllabus, the relevant test/assignment, and other materials that are pertinent to the violation to the AVP's office.

(5) Failure to respond: If the student does not respond to the notification of the AIB review within seven calendar days, the AVP will send another notification to the student. Failure of the student to respond to the second notification within seven calendar days will be treated as an admission of responsibility and acceptance of AIB approved sanctions. The AVP will coordinate sanctioning with the instructor and/or the AIB as needed. If, after determining that a student has engaged in an academic integrity code violation and imposing the academic sanctions, the AIB believes that a suspension or expulsion may be appropriate, the AIB may, in addition to imposing such sanctions, refer the case to the director of student rights and responsibilities for a full hearing under the student conduct code, chapter 172-121 WAC, for the student disciplinary council to make a determination as to whether or not suspension or expulsion should also be imposed. The hearing before the student disciplinary council will be de novo and separate from any findings and sanctions imposed by the AIB.

(6) Extensions. If any of the notifications in this process are sent to a student or faculty member outside of the relevant program's academic term, the AVP may grant the student or faculty member a continuance to the deadline for responding upon request.

(7) Proceedings: The board's responsibility is to review the statements and other materials provided by each party, review other relevant records, information, or materials, and make a determination as to whether the alleged academic integrity violation occurred. The board primarily reviews written evidence. Neither the student nor the instructor is permitted to attend the AIB review. The board may, at its discretion, consult with the instructor, the student or others as deemed appropriate or necessary. All evidence collected in this process will be made available to the student and/or instructor upon request.

(8) Sanctions: The board will determine what, if any, sanctions will be imposed. The board may impose the same sanctions assigned and/or recommended by the instructor, or may impose greater or lesser sanctions. If the student has any previous violation(s) of academic integrity standards, the AIB may increase the sanction imposed to account for repeat offenses. If the AIB believes a suspension or expulsion may be appropriate, the AIB will make its own findings of responsibility and may impose an academic sanction that is within its authority. The AIB may then refer the case for a full hearing under the student conduct code, chapter 172-121 WAC, for the student disciplinary council to make a determination as to whether or not suspension or expulsion should also be imposed. The hearing before the student disciplinary council will be de novo and separate from any findings and sanctions imposed by the AIB.

(9) Conclusion: The board should conclude its review and issue a decision within 30 calendar days after the initial AIB review meeting. The AVP shall notify the student and instructor of the board's decisions, along with the right to request reconsideration.

(10) Requests for review: Either the student or the instructor may request reconsideration by the provost or designee by submitting a request in writing to the provost or designee within 21 calendar days after the board issues its written decision. The AVP may grant the student or instructor a continuance to the deadline for requesting a review based on extenuating circumstances. The provost or designee shall allow the student and the instructor an opportunity to respond in writing to the request for review. The student and instructor's responses, if any, must be submitted within seven calendar days of the request for review. If the student has a case pending under the student conduct code based on the same alleged misconduct, the timelines for requesting review and the timelines for responding will be stayed until the student disciplinary council issues its decision under the student conduct code. If the AIB recommended a suspension or expulsion and the case was forwarded for a full hearing under the student conduct code, the imposition of a sanction of suspension or expulsion may be appealed in accordance with the appeals process set forth in WAC 172-121-130. If the AIB imposed a sanction, such as an XF grade or removal from an academic program, such sanction may be appealed to the provost in accordance with this section.

After reviewing the responses and materials considered by the board, the provost or designee shall issue a decision in writing within 21 calendar days of receipt of the request for review. The decision must include a brief statement of the reasons for the provost or designee decision and notice that judicial review may be available. All decisions of the provost or designee are final and no appeals within the university are permitted. Judicial review may be available under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-042, § 172-90-160, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 20-21-026, § 172-90-160, filed 10/9/20, effective 11/9/20
WSR 19-07-045, § 172-90-160, filed 3/14/19, effective 4/14/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-160, filed 5/15/17, effective 6/15/17
WSR 15-14-079, § 172-90-160, filed 6/29/15, effective 7/30/15
WSR 14-20-082, § 172-90-160, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-180 Administration.

After the resolution process, the AVP will coordinate sanctions and administrative actions, including:

(1) Notifying the parties of the results in writing;

(2) Creating or updating the student's academic disciplinary record;

(3) Updating academic integrity reporting and recordkeeping systems;

(4) Coordinating sanctioning; and

(5) Referring cases to the student disciplinary council as needed.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-07-045, § 172-90-180, filed 3/14/19, effective 4/14/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-180, filed 5/15/17, effective 6/15/17
WSR 14-20-082, § 172-90-180, filed 9/29/14, effective 10/30/14.

Wash. Admin. Code § 172-90-200 Failing grade.

A sanction of a failing course grade is recorded on the transcript as an "XF" and indicates a failure of the course due to violation of academic integrity standards. An XF is counted as a 0.0 for purposes of grade point average calculation.

(1) To petition to have an XF grade changed to an "F" (0.0), a student must submit a written request to the AVP. Requests will generally not be considered unless the following conditions are met:

(a) At least one year has passed since the XF grade was entered;

(b) The student has had no other violations of academic integrity standards since the XF;

(c) The student has successfully completed a university sponsored noncredit seminar on academic integrity; or, for a person no longer enrolled at the university, an equivalent educational activity as determined by the AIB; and

(d) The student has not had any other XF grades converted while attending the university.

(2) The AVP will review the case and may consult with the referring instructor or academic unit head who originally reported the violation(s). If the AVP denies the request, the student may submit a new request one year later.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-07-045, § 172-90-200, filed 3/14/19, effective 4/14/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-11-052, § 172-90-200, filed 5/15/17, effective 6/15/17
WSR 14-20-082, § 172-90-200, filed 9/29/14, effective 10/30/14.

Chapter 172-100 Traffic and parking rules.

Wash. Admin. Code § 172-100-010 Purpose.

These rules govern pedestrian, bicycle, and motor vehicle traffic and parking at Eastern Washington University (EWU). The purpose of these rules is to facilitate campus safety and access. Specifically, these rules are intended to:

(1) Control parking on campus and in off-campus parking lots that are owned or leased by the university;

(2) Assure access at all times for emergency equipment;

(3) Expedite EWU business, protect state property, and provide maximum safety and convenience;

(4) Provide funds to obtain and maintain suitable campus parking and traffic facilities;

(5) Regulate motor vehicles and minimize traffic disturbances on campus; and

(6) Protect pedestrians and bicyclists.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-010, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-020 Applicability.

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

(2) The traffic code of the city of Cheney applies on city streets located on campus.

(3) The traffic and parking rules are effective at all times.

(4) It is the responsibility of all individuals who operate bicycles or motor vehicles on campus to read and fully understand these rules. A lack of knowledge of these rules will not constitute a defense for violation of these rules nor will it limit a violator's responsibility for any citations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-020, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-030 Liability of university.

The university assumes no liability for bicycles or motor vehicles or their contents when such bicycles or motor vehicles are on campus. The university offers parking permits to those desiring to park on campus. The university uses license plate recognition technology to manage parking. A parking permit licenses the holder (licensee) to park one motor vehicle in the lot for which the owner purchased a parking permit as long as the license plate number for the vehicle matches the license plate number on file with parking services. The university is not responsible for fire, theft, damage, or loss of any bicycle, motor vehicle, or any article left in such vehicle. A parking permit is a license to park and no bailment is created.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-030, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-030, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-040 Authorities.

(1) The board of trustees of EWU is granted statutory authority under RCW 28B.10.560 to establish rules to govern pedestrian and vehicular traffic and parking on the campus of the university.

(2) The officers of the EWU police department are fully commissioned peace officers of the state of Washington and have police powers as are vested in sheriffs and peace officers generally under the laws of the state of Washington.

(3) Designated employees of EWU parking services have authority to enforce traffic and parking rules on the campuses and property of Eastern Washington University. All actions and decisions of parking services personnel in the enforcement of traffic and parking rules are subject to administrative review and approval.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-040, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-100 General traffic and vehicle rules.

(1) Bicycle riders and motor vehicle operators shall operate such equipment in a careful and prudent manner at all times and must comply with posted speed limits.

(2) Bicycle riders and motor vehicle operators shall obey all regulatory signs and comply with directions given by parking services personnel and public safety officers and their designees.

(3) Bicycle riders and motor vehicle operators shall yield the right of way to pedestrians. This includes, but is not limited to, yielding to pedestrians crossing streets, roadways, and parking areas within the campus. Riders and drivers shall also yield to pedestrians at intersections, clearly marked crosswalks, or city streets on campus.

(4) Vehicles on university property must be kept in operating condition, except those at the automotive repair shop. Vehicle repairs or maintenance are prohibited on campus unless preauthorized by parking services.

(5) Bicycles may be operated any place where motor vehicles are permitted. Bicycles may also be operated on university walkways, so long as the bicycle is operated in a safe manner and does not interfere with pedestrian traffic or other campus activities.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-100, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-100, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-110 Special rules and restrictions.

During emergencies, special events, or extenuating circumstances, the university police department may impose additional traffic and parking rules or modify existing rules.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-110, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-120 Parking rules.

(1) Emergency access areas: Parking is prohibited in:

(a) Emergency access areas;

(b) Fire lanes;

(2) No parking/restricted parking areas: Parking is prohibited in any area that is not specifically designated for parking, unless explicitly authorized by parking services or university police. No parking and restricted parking areas include, but are not limited to:

(a) Yellow curb areas;

(b) Bus zones;

(d) Sidewalks; and

(e) Any grassy area.

(3) Loading zones: Parking is permitted in loading zones according to the restrictions and time limits posted for the zone. If no restrictions are posted, users shall:

(a) Display a department permit issued under WAC 172-100-230; or

(b) Obtain and display a permit from parking services.

(4) Service drives/areas: Driving or parking in a service drive without displaying a department or service permit is prohibited.

(5) Visitor spaces: Campus visitors may park in any visitor parking space on campus subject to any posted restrictions.

(6) Reserved spaces: Parking in a reserved parking space, without proper authorization, is prohibited.

(7) Permit-required lots: Except as provided herein, parking is prohibited in any campus parking lot that requires a parking permit unless the vehicle has a valid parking permit for that lot. The university uses license plate recognition technology to manage parking on its campus. Owners purchase parking permits for particular lots on campus and are required to provide the license plate numbers for any vehicles they are requesting a permit for. To be considered valid, parking permits must be issued by the university's parking services office, be current, and be for the license plate associated with the vehicle parked in a parking lot.

(a) All permit-required lots have designated days and times during which a permit is required.

(b) Motorcycles parked in a permit-required lot must have a valid parking permit.

(8) Disabled parking spaces: Any vehicle that is parked in a disabled parking space in a university owned or leased parking lot must register with parking services and provide evidence of a valid, state-issued disabled parking permit, license plate, or year tab. The vehicle must also have a valid EWU disabled parking permit if parking in a permit-required parking lot during the designated days and times that a permit is required for parking.

(9) Metered/mobile payment parking: A person who parks a vehicle in a metered or mobile payment parking space must pay for time used during posted times of operation.

(10) Vehicle size limits: Vehicles longer than 20 feet, campers, trailers, buses, and pickup trucks with a camper may not be parked on university property without prior authorization from parking services.

(11) Bicycles: Bicycles must be parked in bicycle racks.

(12) Parking space violation: Vehicles may only occupy one parking space or stall as designated within a parking area.

(13) Disabled, and inoperative vehicles: A disabled or inoperative vehicle may not be parked on the university campus for more than 24 hours without prior authorization from parking services.

(14) Overnight parking: Vehicles cannot be parked overnight in university parking lots or surrounding service drives owned by the university unless approved in advance by parking services for the purpose of special events or if the lot is designated for overnight use for students residing on campus.

(15) Electrical outlets: Vehicles may not be plugged into electrical outlets on campus unless the specific parking space has been designated as an electric vehicle charging space by parking services.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-14-010, § 172-100-120, filed 6/22/23, effective 7/23/23
WSR 20-12-060, § 172-100-120, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-120, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-130 Citations and fines.

Any violation of these rules is subject to citation. Each offense may result in a separate citation.

(1) Payment: Citation fines must be paid to EWU parking services and may be paid in person, online, by mail, or by phone.

(2) Amounts:

(a) Citations: When a citation is issued, fines are determined in accordance with a fine schedule. The fine schedule is approved by the vice president for business and finance.

(b) Adjustments: When mitigating circumstances exist, authorized parking services personnel may reduce or dismiss fines.

(3) Appeals: Citations may be appealed by submitting an online or written appeal to parking services within fourteen calendar days of the date the citation was issued. If an appeal is not submitted online, handwritten appeals must be submitted to parking services in person or by mail within fourteen calendar days or a late fee will be assessed. If a timely appeal is not filed, the citation becomes final. Appeals will be reviewed by a board consisting of voting members from the following groups: Associated students, classified staff, faculty, and exempt staff. A parking services representative will act as a consultant to the board. The board may uphold or dismiss the citation. In the case of a tie vote, the board will continue discussion and vote again until a majority vote is obtained. If an impasse exists, the citation will be reduced to a warning. If the board upholds the citation, it may reduce the fine amount. In no event may the board impose a fine exceeding the amount set forth in the fine schedule. Within five calendar days following the board's review, parking services shall notify the appellant, by mail or by email, of the board's determination. The board will meet every two weeks, with additional meetings as necessary. Additional appeal rights are governed by RCW 28B.10.560.

(4) Collection: Unpaid fines are subject to collection through the university's established collection methods under chapter 172-144 WAC. An owner and/or driver may be responsible for all collection fees, which may be based on a percentage up to fifty percent of the unpaid charges, and all costs and expenses, including attorneys' fees related to collection of the unpaid debt.

(5) Nonpayment: In addition to seeking collection of unpaid fines under subsection (4) of this section, unpaid fines may lead to the immobilization or impoundment of a vehicle when:

(a) A permit account (which may include one individual license plate number or a combination of license plate numbers on a single account) contains four unpaid citations with fines exceeding one hundred dollars; or

(b) A permit account (which may include one individual license plate number or a combination of license plate numbers on a single account) has a balance that is older than ninety days and exceeds one hundred dollars.

(6) Disposition of fees and fines: Proceeds from fees and fines collected under this chapter are to be deposited in the university's parking fund and applied to the costs of operating, maintaining, and patrolling the campus parking lots and administering these rules.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-130, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-130, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-140 Immobilization and impoundment of motor vehicles and bicycles.

(1) The vice president for business and finance or designee may order the immobilization, impoundment and storage of any vehicle:

(a) That is parked, in violation of these rules:

(i) In an emergency access area, no parking area, or restricted parking area;

(ii) In a loading zone or service drive or area without a department permit as noted in WAC 172-100-230;

(iii) In a parking space designated for another person or vehicle; or

(iv) In a disabled parking space;

(b) That is disabled or inoperative; or

(c) That is parked on university property and is connected to a parking permit account that has unpaid fines in accordance with WAC 172-100-130.

(2) The owner and/or driver of an immobilized or impounded motor vehicle is responsible for all immobilization and impoundment costs, and any related costs, and may not recover the motor vehicle until arrangements have been made with parking services. To have the motor vehicle released pending any appeal, the owner and/or driver must post a bond in the amount of the unpaid fines, fees, and costs relating to the immobilization and/or impoundment. If the owner and/or driver timely appeals the immobilization and/or impoundment in accordance with subsection (5) of this section and the fines, fees, or costs are overturned, the university will refund the bond to the owner and/or driver. The university and its employees or representatives are not liable for loss or damage of any kind resulting from impoundment or storage. The university is also not financially responsible for any incidentals accrued by the owner and/or driver through this process.

(3) Bicycles may be impounded for violations of the above parking rules. The university is authorized to break any bicycle lock to facilitate impoundment. The university and parking services are not responsible for any damage resulting from the impoundment of a bicycle, including removal of a lock.

(4) Definitions.

(a) "Impoundment" means to take and hold a motor vehicle or bicycle in legal custody, which includes, but is not limited to, securing, towing, and storing the motor vehicle or bicycle.

(b) "Immobilization" means the use of a locking wheel boot or similar device that, when attached to the wheel of a motor vehicle, prevents the motor vehicle from moving without damage to the tire which the locking wheel boot or similar device is attached.

(5) Immobilization and impoundments may be appealed by submitting a written appeal to parking services within fourteen calendar days of the date of the immobilization or impoundment of the motor vehicle. Appeals may be submitted to parking services in person. If an appeal is not timely filed, the fees, fines, or costs are final.

(6) Appeals will be reviewed by a board consisting of voting members from the following groups: Associated students, classified staff, faculty, and exempt staff. A parking services representative will invite members to join the board and will act as a consultant to the board. A quorum of members must be present to adjudicate. The board may uphold or dismiss any fees, fines, or costs of the immobilization/impoundment, the owner and/or driver is responsible for paying all fees, fines, and costs. If the board upholds the fees, fines, or costs related to the immobilization or impoundment, the owner and/or driver is responsible for paying all fees, fines, and costs. If the board overturns the immobilization or impoundment, the owner and/or driver is not responsible for the costs related to such immobilization or impoundment. In the case of a tie vote, the board will continue discussion and vote again until a majority vote is obtained. If an impasse exists, the decision will be in the favor of the immobilization or impoundment.

(7) Within five calendar days following the board's review, parking services shall notify the appellant, by mail or by electronic mail, of the board's determination. The board will meet every two weeks, with additional meetings as necessary. Additional appeal rights are governed by RCW 28B.10.560.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-140, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-140, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-150 Electric vehicle charging stations.

(1) These rules govern the use of electric vehicle charging stations (EVCSs) that are located on parking lots or at metered parking spaces which are owned and/or operated by Eastern Washington University (EWU). All EVCSs will be clearly marked by signs and green pavement markings as required by RCW 46.08.185.

(2) General rules:

(a) Vehicles parked in an EVCS must be in compliance with all other parking rules for that parking area as described in chapter 172-100 WAC.

(b) Vehicles must be actively charging while parked in an EVCS. Per RCW 46.08.185, a monetary penalty will be assessed to any vehicle parked in an EVCS on public or private property if the vehicle is not connected to the charging equipment.

(d) Permit required EVCS: A vehicle that is parked in an EVCS located in a nonmetered space on a permit-required parking lot:

(i) Must have a valid parking permit for any campus lot; and

(ii) Is limited to four hours per day of parking in the EVCS during designated days/times in which a parking permit is required.

(e) Metered EVCS: A person using an EVCS located at a metered-parking space:

(i) Must pay the required parking meter fee; and

(ii) Is limited to four hours per day of parking in the EVCS during posted days/times of operation.

(3) Restrictions:

(a) Charging of an electric vehicle is limited to an EVCS only. No person may use an electrical outlet of any facility owned and/or operated by EWU for vehicle charging except for vehicles that are owned or leased by EWU.

(b) EVCSs may be closed for special event parking, maintenance, and/or construction.

(d) EWU assumes no responsibility or liability for damage to vehicles using an EVCS.

(e) A violation of these rules may result in issuance of a parking infraction.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-150, filed 5/29/20, effective 6/29/20
WSR 15-24-048, § 172-100-150, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-100-200 Parking permits—Issuance and responsibility.

(1) Parking permits may be obtained through parking services. Permits are issued upon payment of established fees, subject to availability. Permits may not be transferred, assigned, or sold.

(2) Prorated refunds: Refunds of parking permit fees will be issued according to parking office guidelines.

(3) The university reserves the right to refuse parking privileges to anyone who has:

(a) Had a permit revoked;

(b) Falsified a parking application or registration;

(d) Failed to pay outstanding traffic or parking citations;

(e) Possessed or used a lost, altered, or stolen parking permit;

(f) Been given notice of trespass from campus;

(g) Failed to comply with parking services directions; or

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

(4) Responsibility: The person to whom a parking permit is issued is responsible for all violations of these rules involving the vehicle for which the permit was issued regardless of whether the person was operating the vehicle at the time of the violation.

(5) Lost or stolen permits: If a permit is lost or stolen, the permit holder must report the loss to parking services. A replacement permit will be provided to the individual. A fee may be charged for a lost permit.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-200, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-200, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-210 Parking permits—Limitations on use.

Parking permits entitle users to park in specific campus parking lots during specific dates and times.

(1) All campus parking lots that require a parking permit have designated times during which a permit is required.

(2) Parking permits do not entitle permit holders to any parking right or privilege beyond the dates and times specifically designated for the campus parking lot(s) for which they hold a permit.

(3) During special events, parking services personnel may modify existing parking rules for any campus parking lot. Special event parking modifications include, but are not limited to:

(a) Designating a lot as free parking;

(b) Designating a lot as paid parking and charging users a fee for parking, including those holding a regular permit for the lot; or

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-210, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-220 Parking permits for permit-required lots.

(1) Standard permits: The university issues standard parking permits using license plate recognition technology. The permit is connected to any vehicle containing the license plate number identified by the owner at the time the permit is purchased. A permit may be attached to many license plate numbers on file, but only one vehicle attached to the permit is allowed on campus at a time during enforcement hours. Priority for issuance of standard permits will be given to university employees and students.

(2) EWU disabled parking permits: These permits are issued to university employees and students who are authorized to park in disabled parking areas and possess a current, state issued, disabled parking placard, license plate, and/or year tab.

(3) Retiree permits: Individuals who have retired from EWU are entitled to a retiree parking permit at an annual discounted price based on space availability. Retiree permits entitle retirees access to parking in designated areas while attending retiree functions sponsored by the university. Retiree permits are subject to the following:

(a) Retiree permits may not be used to park in residence hall lots.

(b) Retiree permits do not entitle the retiree to free parking during special events.

(d) Retiree permits may not be used by a retiree who is employed by the university.

(e) If a retiree permit is used in violation of the above conditions, the university may revoke the retiree's permit.

(4) Special ('S') permits: The 'S' permit may be issued to university employees whose duties require frequent visits or deliveries to other campus locations. The permit allows employees to park their vehicles in undesignated lots for official campus duties. Issuance and use of 'S' permits is subject to the following:

(a) Requests: University employees may request an 'S' permit through parking services. Requests for an 'S' permit must describe the employee's duties that justify the 'S' permit, including detailed information regarding the frequency and nature of the employee's intra-campus business activities and why a departmental permit is inadequate to support those activities. Requests must be endorsed by the president or appropriate vice president. The vice president for business and finance, or designee, is the approval authority for 'S' permits.

(b) Issuance. The parking services office shall provide an 'S' permit to an employee who has been authorized by their department's vice president to obtain an 'S' permit and has purchased a core lot permit and paid the additional 'S' permit fee.

(c) Use: 'S' permits may only be used for the purpose of conducting official university business. 'S' permits may be used to park in any campus parking lot, loading zone, or service area, on a space-available basis, limited to the time needed to conduct university business. They may not be used for personal use or convenience.

(d) Restrictions: 'S' permits do not authorize parking in disabled parking spaces unless the person is authorized to park in disabled parking spaces under these rules. 'S' permits are not valid at meters, fire lanes, safety zones, yellow curbs or zones, designated "no parking" areas, or other areas not designated for parking.

(e) Availability: The vice president for business and finance may limit the number of 'S' permits that are available for issuance throughout the university, and/or to departments or units.

(5) Guest permits: Campus guests and persons doing business with the university may be issued a guest permit allowing them to park in designated lots on campus, subject to the following:

(a) Guest permits are valid for the dates and locations specified at the time of issuance.

(b) A fee may be charged for a guest permit.

(c) A guest permit will not be issued to persons intending to make personal solicitations from or personal sales to university employees or students.

(d) Guest permits do not authorize parking in spaces that are reserved.

(e) Guests may park in disabled parking spaces so long as their vehicle displays the guest permit along with a current, state-issued disabled parking placard, license plate, and/or year tab.

(6) Duplicate permits and car pool permits: Additional vehicle license plate numbers may be listed under the original purchaser accounts, but only one motor vehicle bearing the duplicate permit number may park in the designated parking lot at a time. Violation of this section will subject each vehicle involved to a fine.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-220, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-220, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-230 Parking permits for loading zones and service drives.

(1) Department permits: These permits are issued to departments or units to facilitate the movement of equipment and materials by allowing for limited parking in parking lots, service drives, and loading/unloading zones. Department permits may not be used by persons for their own benefit or convenience. They may only be used for official university business. A regular permit is not required when a person uses a department permit.

(a) Issuance and control. Department permits are issued on an annual basis for temporary, short-term use, and must be returned to the department after use. Permit use must be monitored and controlled by a designated person.

(b) Restrictions. Department permits are not valid at meters, reserved spaces, disabled parking spaces, fire lanes, safety zones, yellow curbs or zones, "no parking" areas, or other areas not designated for parking. Departments are assigned a primary lot and are limited to thirty minutes parking in the primary lot.

(c) Loss. If a department permit is lost, the department it is issued to must file a report with parking services. Parking services will determine if a fee is assessed for the lost permit.

(2) Service permits: Service permits are issued at a discounted cost to service providers, contractors, repairmen, and vendors to support their access requirements. Parking services shall specify terms of use upon registration of motor vehicles.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-060, § 172-100-230, filed 5/29/20, effective 6/29/20
WSR 13-24-119, § 172-100-230, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-240 Parking permits—Recall, suspension or revocation.

Parking permits are the property of the university and may be recalled, revoked, or suspended.

(1) Recall: Parking permits may be recalled when the purpose for which the permit was issued changes or no longer exists.

(2) Suspension/revocation: Parking permits may be revoked or suspended in response to the following violations:

(a) Use of a permit on an unregistered vehicle or by an unauthorized individual. The vehicle and/or permit holder may also be cited.

(b) Falsification of a parking permit application.

(d) Counterfeiting or altering of parking permits. The offender may also be cited.

(3) Appeals: Suspension or revocation of a parking permit under this section may be appealed within fourteen calendar days of issuance. Appeals must be submitted in writing to parking services in person or by mail.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-240, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-100-250 Severability.

If any provision of this chapter or its application to any person or circumstances is determined to be invalid, the remainder of the chapter and its application to other persons or circumstances is unaffected.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-119, § 172-100-250, filed 12/4/13, effective 1/4/14.

Chapter 172-108 Adjudicative proceedings.

Wash. Admin. Code § 172-108-010 Introduction.

Eastern Washington University conducts adjudicative proceedings as required by the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-038, § 172-108-010, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-010, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-020 Appointment of presiding officer.

The president of Eastern Washington University or an authorized designee shall have the power to appoint a presiding officer for formal and brief adjudicative proceedings. The term presiding officer shall mean one or more presiding officers as appointed by the president or authorized designee. Where more than one individual is designated to be the presiding officer, one person may be designated to make procedural decisions.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-038, § 172-108-020, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-020, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-030 Method of recording and recording devices.

The presiding officer is responsible for maintaining a record of the proceedings which shall include all documents prepared for and used in the adjudicative proceeding. The university may record proceedings using a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170. No cameras or recording devices are allowed in those parts of proceedings which the presiding officer has determined closed pursuant to WAC 172-108-060, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-038, § 172-108-030, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-030, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-035 Advising and representation of parties.

Parties to any brief adjudicative proceeding as designated in WAC 172-108-050, may be assisted by one advisor of their choice, subject to the following provisions:

(1) Any fees or expenses associated with the services of an advisor are the responsibility of the person who employed the advisor;

(2) The advisor may be an attorney;

(3) Advisors may not speak or participate directly in any proceeding; the person requesting an adjudicative proceeding is responsible for presenting their own case but may speak quietly with their advisor during such proceedings;

(4) If an attorney is used as an advisor, the person using the attorney shall inform the presiding officer of their intent to do so at least two business days prior to any adjudicative proceeding; and

(5) The presiding officer shall have the power to impose reasonable conditions upon participation of advisors and representatives.

History

Statutory Authority: RCW 28B.35.120(12). WSR 17-11-051, § 172-108-035, filed 5/15/17, effective 6/15/17
WSR 14-24-038, § 172-108-035, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-108-040 Formal adjudicative proceedings.

(1) Eastern Washington University utilizes a formal adjudicative proceeding for certain student conduct proceedings as identified in chapter 172-121 WAC and certain academic integrity code proceedings as identified in chapter 172-90 WAC. The procedural rules for these formal adjudicative proceedings are contained in the Student conduct code, chapter 172-121 WAC, and the academic integrity code, chapter 172-90 WAC. In all other cases, Eastern Washington University only utilizes formal adjudicative proceedings when required by RCW 34.05.413 through 34.05.476 or for the adjudication of formal Title IX complaints against employees as set forth in university policy.

(2) An application for a formal adjudicative proceeding shall be in writing. Application forms are available from: University Policy Administration; Eastern Washington University; Tawanka 211, Cheney, WA 99004-2496. Written application for a formal adjudicative proceeding in response to the institution's action must be submitted to the above address within twenty-one calendar days of the action, unless otherwise provided by statute or rule.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-01-104, § 172-108-040, filed 12/11/20, effective 1/11/21
WSR 17-11-051, § 172-108-040, filed 5/15/17, effective 6/15/17
WSR 14-24-038, § 172-108-040, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-040, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-050 Brief adjudicative proceedings.

In accordance with RCW 34.05.410 (1)(a), the procedures identified in RCW 34.05.482 through 34.05.494 apply to all brief adjudicative proceedings at Eastern Washington University. All applications for a brief adjudicative proceeding shall be in writing. Application forms are available from: University Policy Administration; Tawanka 211; Eastern Washington University; Cheney, WA 99004-2496. Written application for a brief adjudicative proceeding in response to the institution's action must be submitted to the university within twenty-one calendar days of the action, unless a different time frame is specified in the regulations identified below that apply to the type of decision being challenged. When required by law or constitutional right, brief adjudicative proceedings shall be used in all matters of appeal related to:

(1) Residency determinations made pursuant to RCW 28B.15.013 and chapter 250-18 WAC;

(2) Challenges to contents of education records, review of the denial to inspect such records, or challenges to the disclosure of such records. In addition to the rules identified below, these challenges are governed by chapter 172-191 WAC;

(3) Student conduct proceedings, if the potential sanction for the alleged misconduct does not include suspension, expulsion, formal Title IX complaints, or an allegation of felony-level sexual misconduct. In addition to the rules identified below, these proceedings are governed by chapter 172-121 WAC;

(4) Outstanding debts owed by students or employees, pursuant to chapters 172-124 and 172-144 WAC;

(5) Traffic and parking violations and revocations of any parking permit pursuant to chapter 172-100 WAC;

(6) Student academic integrity proceedings, if the potential sanction for the alleged misconduct does not include suspension or expulsion. In addition to the rules identified in this section, these proceedings are governed by chapter 172-90 WAC;

(7) Library fines and charges;

(8) Reduction, cancellation, or nonrenewal of institutional financial aid when based in any degree on athletics ability per National Collegiate Athletic Association rules as detailed in WAC 172-108-100;

(9) Administrative decisions regarding statutorily mandated tuition and/or fee waivers;

(10) Research integrity violations in accordance with EWU Policy 302-05 when required by federal law;

(11) Citations issued by university police regarding the use of golf carts and utility vehicles, in accordance with EWU Policy 603-06;

(12) Fines imposed for impermissible use of tobacco, electronic cigarettes, and related products in accordance with WAC 172-122-310;

(13) Financial aid appeals as provided for by federal law and in accordance with EWU policies for satisfactory academic progress for undergraduate, post-baccalaureate, and graduate students;

(14) Denial of work study or termination from a work study position when required by federal law;

(15) Notice against trespass issued per WAC 172-122-200;

(16) Denial of request to waive undergraduate housing requirement under chapter 172-130 WAC;

(17) Fines assessed under a university housing agreement; and

(18) Penalties imposed for violations of pet control regulations in accordance with chapter 172-115 WAC.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-12-034, § 172-108-050, filed 5/25/21, effective 6/25/21
WSR 21-01-104, § 172-108-050, filed 12/11/20, effective 1/11/21
WSR 17-11-051, § 172-108-050, filed 5/15/17, effective 6/15/17
WSR 14-24-038, § 172-108-050, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-050, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-060 Brief adjudicative proceedings closed.

Brief adjudicative proceedings shall be closed to the public unless the Open Public Meetings Act, chapter 42.30 RCW, requires otherwise. If the act requires an open proceeding, then a party may apply to the presiding officer for a protective order to close part of the proceeding. 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. No cameras or recording devices, other than the official recording method, shall be allowed in proceedings or parts of proceedings which have been closed.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-038, § 172-108-060, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-060, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-070 Procedures for brief adjudicative proceedings.

For those proceedings identified as brief adjudicative proceedings in WAC 172-108-010, the model rules of procedure, chapter 10-08 WAC shall not apply. Brief adjudicative proceedings shall be governed by the procedures below and RCW 34.05.482 through 34.05.494:

(1) The presiding officer for a brief adjudicative proceeding shall be selected in accordance with WAC 172-108-020.

(2) For any matters subject to review under WAC 172-108-010, the presiding officer shall provide an individual with the opportunity to explain his or her position. If, after considering the information provided, the presiding officer makes a decision that is unfavorable to the individual, such decision shall be conveyed to the individual in writing. Within ten days, the presiding officer shall give the parties a brief written statement of the reasons for the decision and information about any internal administrative review available. The brief written statement shall be considered the university's initial order.

(3) An individual may appeal the initial order by filing a written appeal with the appropriate authority. The appropriate authority is identified in the rules, policies and procedures adopted by the university regarding such determinations. If the rule, policy, or procedure does not specify who an appeal should be filed with, an appeal may be filed in writing in accordance with WAC 172-108-040.

(4) All appeals from initial orders must be received by the university within twenty-one calendar days from the date the initial order was delivered to the affected individual. If a timely appeal is not received, the initial order becomes the university's final order unless the university, on its own motion, chooses to review an order resulting from a brief adjudicative proceeding in accordance with RCW 34.05.491(1).

(5) Upon receipt of an appeal, a reviewing officer will be appointed. The reviewing officer may be the presiding officer who issued the initial order or any other person or group who would qualify as a presiding officer under WAC 172-108-020.

(6) The reviewing officer shall give each party an opportunity to explain the party's position and shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal adjudicative proceeding. The reviewing officer is not required to conduct a hearing, but may do so if he or she feels it would be helpful or necessary.

(7) Within twenty days of the filing of the appeal, the reviewing officer must issue a written order containing a brief statement of the reasons for his or her decision. The order shall also include a description of any further available administrative review or, if none is available, a notice that judicial review may be available under chapter 34.05 RCW.

(8) The university shall maintain as its official record any documents regarding its decision that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-038, § 172-108-070, filed 11/24/14, effective 12/25/14
WSR 92-09-100, § 172-108-070, filed 4/20/92, effective 5/21/92.

Wash. Admin. Code § 172-108-100 Procedures for reduction, revocation, or of athletic scholarships.

In accordance with NCAA requirements, a student athlete who is receiving athletic aid based in any degree on athletic ability has the right to request an appeal hearing when the athletic aid is reduced, revoked, or not renewed and the student has remaining athletic eligibility. The following process governs the student athlete's appeal of the athletic department's decision to reduce, revoke, or not renew athletic aid.

(1) The athletic department makes the initial decision to reduce, revoke, or not renew the student's athletic aid. Before making such decision, the athletic department should provide the student athlete with notice that such a decision may be made and give the student an opportunity to respond. If the decision is made to reduce, revoke, or not renew the aid, the athletic department should convey such information to the financial aid and scholarship office with a brief statement of the reason for the decision.

(2) EWU's financial aid and scholarship office will then formally notify the student athlete of the athletic department's decision to reduce, revoke, or not renew the student's athletic aid. This notification will be sent via email to the student's official university email account and will include information about how to appeal the decision.

(3) The student will have twenty-one calendar days from the date the email is sent to request an appeal. Any request for appeal must be directed to the director of financial aid and sent via email to finaid@ewu.edu. Requests for appeal must be received within twenty-one days or they will be dismissed as untimely.

(4) Upon timely receipt of an appeal, the director of financial aid will convene the athletic aid appeals committee. The committee shall consist of four people who represent various areas of the university. The director serves as the presiding officer and a voting member of the committee. The director will schedule a hearing with the student, head coach or other athletics department representative, and the committee.

(5) Prior to the hearing, the student and head coach, or designee, should provide the committee with a written statement outlining the reasons they agree or disagree with the decision to reduce, revoke, or not renew athletic aid, along with any supporting documentation. The documentation may include statements from witnesses. These statements and documentation are reviewed by the committee in advance of the hearing.

(6) At the hearing, the director will ask the head coach or other athletics representative to explain the basis for their decision regarding athletic aid. The committee and athlete may ask questions of this head coach/athletics representative. The athlete will then have the opportunity to explain why they disagree with the decision. The committee and head coach may ask questions of the athlete. The head coach/athletics representative will then have the opportunity to provide a rebuttal statement.

(7) Either party in the hearing may be represented by an advisor as set forth in WAC 172-108-035. The hearing will be recorded and retained in accordance with EWU's records retention schedule.

(8) The student has the burden of proving by a preponderance of the evidence that the athletic department's decision to reduce, revoke, or not renew athletic aid was not supported by substantial evidence or is arbitrary or capricious. The committee may affirm, reverse, or modify the athletic department's decision regarding athletic aid eligibility. The committee's decision must be supported by a majority of committee members.

(9) Within twenty days of the hearing, the presiding officer will issue a written order containing a brief statement of the reasons for the committee's decision. The decision should be communicated in writing to both parties and should indicate that it is the final decision of the university and judicial review may be available under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-12-034, § 172-108-100, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 172-108-110 Enforcement of immunization requirements.

(1) The university may impose a fine on students who fail to provide documentation of an immunization required by the university or obtain a waiver for medical or religious reasons as set forth in EWU Policy 602-02 (Immunizations). The fine may be up to two hundred fifty dollars per term for each academic term a student is enrolled and fails to comply with university requirements. The fine may be waived if the student complies with the immunization requirements within fourteen calendar days from the date notice of the fine is sent to the student as specified below.

(2) The university will provide written notice of the fine to students who fail to comply with the immunization requirements no later than thirty days after the initial date of the academic term. Notice will be sent via email to students' official university emails. Students will be given an opportunity to contest the notice by filing a request for a brief adjudicative hearing within fourteen calendar days of the date when the initial notice is sent to the student's official university email account. To request review of the fine, the student must submit a written request to: Student Rights and Responsibilities, 129 Showalter Hall, Cheney, WA 99004-2496 or via email to srr@ewu.edu. The request must set forth the reasons why the student disagrees with the fine. If a student fails to timely request a brief adjudicative hearing, the fine will become final.

(3) If a student timely files a request for a brief adjudicative hearing, a presiding officer will be appointed and will consider any materials submitted by the student in writing contesting the initial fine. Within ten calendar days of receipt of the request for a hearing, the presiding officer or designee will send an initial order setting forth the officer's decision and the reasons for such decision. The order should also communicate any appeal options available.

(4) The student may appeal the initial order by filing a written appeal with the dean of students within twenty-one calendar days from the date the initial order was sent to their official university email account. To request an appeal, the student must submit a written request to: Dean of Students, 301 Pence Union Building, Cheney, WA 99004-2496 or via email to dos@ewu.edu. The appeal must set forth the reasons why the student believes the initial order was incorrect. If a student fails to timely appeal, the initial order will be final.

(5) If a student timely files a request for an appeal, a presiding officer will be appointed and will consider any materials reviewed by the presiding officer at the initial hearing along with any materials submitted by the student with the appeal. Within twenty calendar days of the receipt of the appeal, the presiding officer or designee will send a final order setting forth the officer's decision and the reasons for such decision. This order will be the university's final decision. The order should communicate that judicial review of the university's decision may be available under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-01-089, § 172-108-110, filed 12/12/21, effective 1/12/22.

Chapter 172-110 Drones and model aircraft.

Wash. Admin. Code § 172-110-010 Scope.

These rules govern the use of drones and model aircraft:

(1) By university employees and students operating a drone or model aircraft in any location as part of their university employment or as part of university activities; and

(2) The operation by any person of a drone or model aircraft on or above Eastern Washington University property.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-010, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-020 University approval required.

The operation of drones and model aircraft is regulated by the Federal Aviation Administration (FAA) and relevant state law. Eastern Washington University is committed to ensuring compliance with those legal standards and reducing risks to safety, security and privacy. The use of any drone or model aircraft either on or above university property or by a university employee or student during a university activity is prohibited, unless prior authorization for such use is obtained from the director of public safety in accordance with this chapter.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-020, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-030 Definitions.

Throughout this chapter, the following definitions shall apply:

(1) "Eastern Washington University property" includes all buildings, grounds, and land that are owned, leased, occupied, and/or operated by Eastern Washington University.

(2) "Director" means the Eastern Washington University director of public safety or designee.

(3) "Drones" refers to all types of unmanned aircraft systems (UAS) as defined by the Federal Aviation Administration (FAA) and includes any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft and associated elements.

(4) "Model aircraft" refers to unmanned aircraft systems that are used solely for hobby and/or recreational purposes. A model aircraft is capable of sustained flight and must be flown within the visual line of sight of the person operating the aircraft.

(5) "Navigable airspace" means the airspace of the United States above the minimum altitudes of flight prescribed by the regulations of the FAA, including airspace needed to ensure safety in the takeoff and landing of aircraft.

(6) "Commercial purpose" means the transportation of persons or property or other use of drones for compensation or hire.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-030, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-040 University use of drones.

The university, in carrying out its educational, research, and service missions, may make use of drones when granted authorization to do so by the FAA.

A university employee or student who wishes to operate a drone as part of their university employment or an official university activity must contact the director. Any use must be approved in advance by the director. The director will ensure the use complies with FAA regulations and university policy. The director, in conjunction with the requestor, will submit any necessary requests for authorization to the FAA.

Any university employee, student, or unit purchasing a UAS (or the parts to assemble a UAS) with university funds or funds being disbursed through a university account, or grant funds, must contact the director to pursue needed approval(s).

Any use or work on UAS technology by university employees and students must comply with the International Traffic in Arms Regulations, Export Administration Regulations, and Office of Foreign Asset Control regulations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-040, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-050 Nonuniversity use of drones.

Anyone planning to use a drone on or above Eastern Washington University property for a nonuniversity purpose shall:

(1) Obtain approval from the director;

(2) Provide proof of FAA approval;

(3) Enter into a contract which holds the university harmless from any resultant claims or harm to individuals and damage to university property; and

(4) Provide proof of insurance as required by the director.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-050, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-060 Use of model aircraft.

Use of model aircraft on or above Eastern Washington University property requires the advance approval of the director and is subject to the following restrictions:

(1) Model aircraft must be kept within visual sightline of the operator at all times;

(2) Model aircraft must weigh under fifty-five pounds unless certified by an aeromodeling community-based organization; and

(3) Model aircraft must be flown a sufficient distance from populated areas.

Use of a drone for university purposes, including research and instruction, does not fall within this section and must comply with WAC 172-110-040.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-060, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-070 Prohibited locations for use of drones and model aircraft.

The use of drones and model aircraft is prohibited in areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include, but are not limited to, restrooms, locker rooms, in and around residential buildings or facilities, individual residential rooms, changing or dressing rooms, health treatment rooms, campus daycare facilities, and university offices and work areas. Drones and model aircraft may not be used to monitor or record institutional or personal information which may be found, for example, on computer or other electronic displays.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-070, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-080 Director of public safety.

(1) The director of public safety shall ensure that the use of drones and model aircraft subject to these rules is in compliance with applicable federal and state laws.

(2) The director shall consider ethical issues related to a proposed use of drones or model aircraft prior to approving such use.

(3) The director shall keep the vice president for business and finance informed of any use of drones or model aircraft under these rules.

(4) In responding to a proposed use of a drone or model aircraft, the director may approve the use as proposed, may require modification of the proposal, or may deny the proposal.

(5) The director may deny any proposed use of a drone or model aircraft that he/she determines constitutes a commercial use or is otherwise not authorized under federal, state, or local laws or regulations.

(6) If the director denies a proposed use, the denial may be appealed, in writing, to the vice president for business and finance.

(7) The director shall provide ongoing review of approved drone and model aircraft use.

(8) With the approval of the vice president for business and finance, the director may develop procedures for implementing these rules.

(9) The director may suspend or terminate any use of drones or model aircraft deemed inconsistent with previously approved use, and/or the requirements of federal, state, or local regulations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-080, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-110-090 Violations.

The university may trespass or pursue other legal action against persons who violate this chapter.

Damages resulting from the use of drones or model aircraft shall be the responsibility of the persons or units involved.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-049, § 172-110-090, filed 11/23/15, effective 12/24/15.

Chapter 172-115 Pet control.

Wash. Admin. Code § 172-115-010 Definitions.

(1) "Owner" means any person having control, custody, or possession of a pet.

(2) "Pet" includes all nonhuman mammals, birds, reptiles, and amphibians. Pet does not include service or working animals.

(3) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a person's sensory, mental, or physical disability, as defined by applicable state and/or federal laws.

(4) "University property" means property that the university owns, operates, leases, rents, or otherwise controls.

(5) "Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or of a university employee. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-041, § 172-115-010, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-115-020 Compliance with local regulations.

Title 7 of the municipal code of the city of Cheney, Washington, relating to animal control applies to university property within the city of Cheney, Washington. Relevant state, county, and municipal laws relating to animal control shall apply to all university property outside the city of Cheney, Washington.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-041, § 172-115-020, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-115-030 Pets on campus.

Pets are permitted on university property only when their presence complies with all of the following requirements:

(1) All pets brought onto university property must be licensed and leashed as required by local ordinances and/or state law.

(2) Pets are not permitted inside university buildings, except pets may be permitted in housing facilities when the pet's presence fully complies with all applicable housing agreements and policies or when required by state or federal law.

(3) Owners shall maintain direct and continuous control of any pet brought onto university property. Owners shall not permit any pet to run at large on university property. Pets that are tethered in the owner's absence and not under the owner's direct control are considered to be running at large.

(4) Owners shall not permit any pet to enter any pond, fountain, or stream located on university property.

(5) Owners shall remove from university property any pet that disturbs or disrupts university activities or operations.

(6) Owners shall immediately remove from university property any pet that exhibits behavior that is threatening to people, other animals, or university property.

(7) Owners shall immediately cleanup and properly dispose of any feces or vomit created by their pets.

(8) Further restrictions to pets may apply to specific areas of university property, consistent with university policies and/or state and federal laws including, but not limited to, food preparation areas, animal research facilities, and biologically sensitive or hazardous areas.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-041, § 172-115-030, filed 11/24/14, effective 12/25/14.

Wash. Admin. Code § 172-115-040 Enforcement and penalties.

(1) Any pet found on university property in violation of the city of Cheney's municipal code may be reported to city of Cheney authorities.

(2) Owners found in violation of any provision of this chapter may be cited, banned from university property, or otherwise disciplined by the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-041, § 172-115-040, filed 11/24/14, effective 12/25/14.

Chapter 172-118 Recreational equipment.

Wash. Admin. Code § 172-118-010 Purpose.

These rules govern the use of recreational equipment on Eastern Washington University's campus. The purpose of this chapter is to protect campus property from physical damage and unnecessary wear and to facilitate safety and access.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-120, § 172-118-010, filed 12/4/13, effective 1/4/14. Statutory Authority: RCW 28B.35.120. WSR 92-22-028, § 172-118-010, filed 10/26/92, effective 11/26/92
Order 72-12, § 172-118-010, filed 9/20/72.

Wash. Admin. Code § 172-118-020 Definitions.

For the purposes of this chapter, recreational equipment includes, but is not limited to, skateboards, longboards, roller skates, inline skates, skate shoes, foot scooters, hoverboards/self-balancing scooters and similar equipment.

History

Statutory Authority: RCW 28B.35.120(12), and 42.56.070. WSR 20-06-045, § 172-118-020, filed 2/28/20, effective 3/30/20. Statutory Authority: RCW 28B.35.120(12). WSR 13-24-120, § 172-118-020, filed 12/4/13, effective 1/4/14. Statutory Authority: RCW 28B.35.120. WSR 92-22-028, § 172-118-020, filed 10/26/92, effective 11/26/92
Order 72-12, § 172-118-020, filed 9/20/72.

Wash. Admin. Code § 172-118-040 Use of recreational equipment.

Recreational equipment may only be used on asphalt or concrete campus walkways and sidewalks, and only in a way that does not interfere with pedestrian traffic or other campus activities.

(1) Recreational equipment is prohibited on grass, benches, stairways, steps, sculpture, art work, hand rails, inside buildings, plazas, walls, barriers, brick walkways, and any other campus property other than paved walkways and sidewalks.

(2) The storage or possession of hoverboards/self-balancing scooters in residence halls, university apartments, academic buildings, administrative buildings, recreational facilities, and all other structures on property owned or controlled by EWU is prohibited.

(3) Speeds in excess of five miles per hour are prohibited.

(4) Performing stunts or tricks is prohibited.

(5) Any use of recreational equipment that may cause property damage and/or endanger the user or others is prohibited.

(6) Recreational equipment users shall yield the right of way to pedestrians at all times.

History

Statutory Authority: RCW 28B.35.120(12), and 42.56.070. WSR 20-06-045, § 172-118-040, filed 2/28/20, effective 3/30/20. Statutory Authority: RCW 28B.35.120(12). WSR 13-24-120, § 172-118-040, filed 12/4/13, effective 1/4/14. Statutory Authority: RCW 28B.35.120. WSR 92-22-028, § 172-118-040, filed 10/26/92, effective 11/26/92
Order 74-2, § 172-118-040, filed 1/24/74
Order 72-12, § 172-118-040, filed 9/20/72.

Wash. Admin. Code § 172-118-090 Enforcement.

(1) Any student who violates these regulations may be asked to refrain from using recreational equipment on campus. Any student who refuses to comply with such a request and/or repeatedly violates these regulations will be subject to disciplinary action under the student conduct code, chapter 172-121 WAC.

(2) A user of recreational equipment, other than an Eastern Washington University (EWU) student, who violates these regulations may be asked to leave the campus. A person who fails to comply with a request to leave campus may be charged with criminal trespass under the provisions of chapter 9A.52 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-120, § 172-118-090, filed 12/4/13, effective 1/4/14. Statutory Authority: RCW 28B.35.120. WSR 92-22-028, § 172-118-090, filed 10/26/92, effective 11/26/92.

Chapter 172-121 Student conduct code.

Wash. Admin. Code § 172-121-010 Introduction.

Eastern Washington University (EWU) is an academic community dedicated to instruction, advancing knowledge through scholarship and research, and serving the region.

As a public institution of higher education, EWU has a special responsibility to create and maintain an academic environment that promotes freedom of inquiry and expression while protecting the rights, opportunities and welfare of students, faculty, staff and guests. To achieve this, EWU establishes rules, regulations, procedures, policies, and standards of conduct.

Through the student conduct code as well as other EWU policies and directives, EWU sets forth specific behavioral and academic expectations for students and student organizations. It is the responsibility of each student to clearly understand and comply with outlined expectations.

The board of trustees of Eastern Washington University, acting under the authority granted by RCW 28B.35.120, has established the following regulations for student conduct and discipline. The responsibility for enforcement of the student conduct code rests with EWU president and is further delegated to the vice president for student affairs or designee.

These provisions are not intended to protect any person or class of persons from injury or harm.

EWU's standards of conduct for students with respect to discrimination, discriminatory harassment, interpersonal violence, sexual assault, sexual misconduct, and retaliation are contained in chapter 172-125 WAC. If a report is received that a student has engaged in such conduct, EWU will follow the process set forth in chapter 172-125 WAC. If a report includes potential violations of this code and chapter 172-125 WAC arising out of the same facts and circumstances, the report will be investigated and adjudicated in accordance with chapter 172-125 WAC. In no case will this code be used to investigate and adjudicate violations of chapter 172-125 WAC.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-010, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-010, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 13-24-123, § 172-121-010, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-010, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-020 Definitions.

For purposes of the student conduct code, chapter 172-121 WAC, the definitions in this section apply.

"Appeal authority" refers to the conduct review official presiding over an appeal under WAC 172-121-130.

"Appellant" refers to any respondent or complainant who appeals the decisions or sanctions of a hearing authority under WAC 172-121-130.

"Business days" refers to the days and hours EWU is open for business. Business days are Monday through Friday, from 8:00 a.m. to 5:00 p.m., excluding holidays as set forth in EWU holiday schedule.

"Complainant" means the person who was subjected to the alleged misconduct. The complainant may or may not be the reporting party. If the person who was subjected to the alleged misconduct does not wish to pursue a student conduct case, EWU may initiate the student conduct process on its own behalf.

"Conduct review meeting" refers to a meeting before a conduct review officer for allegations that, if substantiated by a preponderance of evidence, would result in a sanction less than a suspension or expulsion and that do not involve felony-level crimes.

"Conduct review officer" or "CRO" refers to the person designated to serve as the decision maker for a conduct review meeting or the presiding officer for a full hearing.

"Council" or "the council" refers to the student disciplinary council as described in WAC 172-121-070.

"Council hearing" refers to a full conduct review hearing before the student disciplinary council.

"Dean of students" refers to the dean of students or designee.

"Director of SRR" or "director" refers to the director of student rights and responsibilities or designee.

"EWU" means Eastern Washington University.

"EWU official" includes any person employed or contracted by EWU, performing assigned administrative or professional responsibilities.

"EWU premises" means buildings and/or property (including adjacent streets and sidewalks) which are owned, leased, rented, or operated by EWU.

"EWU president" refers to EWU president or designee.

"Filing" means to actually deliver documents. Documents required to be filed with a specific person under these rules shall be deemed filed upon actual receipt during office hours at EWU. Papers may be filed by delivering them to the student rights and responsibilities office, sending them via United States mail, properly addressed, postage prepaid, to 129 Showalter Hall, or emailing them to srr@ewu.edu.

"Full hearing" refers to a full conduct reviewing hearing before the council for allegations that, if substantiated by a preponderance of the evidence, could result in a sanction of a suspension or expulsion or that could constitute felony-level crimes.

"Hearing authority" refers to the decision-maker in a conduct review hearing.

"Notify" means to provide notice to a person. A person may be notified in person, by telephone, by sending notice to the person's EWU email account, by leaving a message on their personal telephone, or by sending the notice in the United States mail, properly addressed, postage prepaid, to the person's last known address.

"Off-campus" refers to any location or facility that is not owned, leased, rented, or operated by Eastern Washington University.

"Party/parties" refers to the complainant, respondent, and/or EWU.

"Policies" or "EWU policy" refers to the written regulations of EWU, including the standards of conduct for students, residence life handbook, housing contract, EWU policies, and graduate/undergraduate catalogs and handbooks.

"Recognized student organizations" refers to clubs, organizations, societies or similarly organized groups recognized by EWU or the associated students of Eastern Washington University (ASEWU).

"Reporting party" means the person who notifies student rights and responsibilities of alleged misconduct by a student or student organization. The reporting party may also be the complainant, but need not be the complainant.

"Respondent" refers to any student or student organization accused of violating the student conduct code under this chapter.

"Serve" means to send a document through electronic mail addressed to the party's EWU-issued email address or, if the party does not have an EWU-issued email address, to the email address on record with EWU. Service is complete when the email is sent to the email address. Service may also be accomplished by personal delivery or regular U.S. mail. Notifications via regular U.S. mail are sent to the party's last known address or the address on file with the EWU registrar, and service is complete on the date the notice is placed in the mail. The student is responsible for maintaining an updated mailing address on file with the registrar. Recognized or registered student organizations are responsible for updating their mailing address with their designated EWU office.

"Session council" refers to the student disciplinary council members selected for a specific hearing or appeal.

"Student" includes all of the following:

(a) Any applicant who becomes enrolled, for violations of the code committed as part of the application process or committed following the applicant's submission of the application until the time of official enrollment;

(b) Any person who is enrolled or has been enrolled at EWU for up to 12 months from the last date they were enrolled;

(d) Any person who was previously enrolled at EWU for violations of the code committed while enrolled regardless of when they were enrolled. A person who engaged in conduct in violation of the student conduct code while a student remains subject to action under this code even if the person has graduated, withdrawn, or is not currently enrolled for any reason.

"Title IX coordinator" refers to the Title IX coordinator or designee.

"Vice president for student affairs" refers to the vice president for student affairs or designee.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-020, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-020, filed 12/9/22, effective 1/9/23
WSR 21-01-102, § 172-121-020, filed 12/11/20, effective 1/11/21
WSR 20-19-046, § 172-121-020, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-020, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-020, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-020, filed 8/9/17, effective 9/9/17
WSR 15-24-050, § 172-121-020, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-020, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-020, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-021 Calculation of time periods.

In calculating any of the time periods identified in this code, the day of any act or service of notice is not included in calculating the deadlines. For example, if a student is served with an order on a Monday and the student has 10 calendar days to appeal the order, the date of service (Monday) does not count towards the time period, the next day (Tuesday) does count toward the time period, and the appeal would be due by 5:00 p.m. on the following Thursday.

If the last day of a time period ends on a Saturday or Sunday, the deadline is extended to 5:00 p.m. on Monday. If the last day of a time period ends on an EWU holiday, the deadline is extended to 5:00 p.m. on the next weekday following the holiday.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-021, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-121-030 Rights of students.

Any student or student organization charged with any violation of the student conduct code has the following rights where applicable:

(1) Right to a fair and impartial conduct review process;

(2) Right to receive written notice prior to a prehearing conference or hearing;

(3) Right to remain silent during any conduct review hearing;

(4) Right to know who filed the complaint against them as described in WAC 172-121-110;

(5) Right to speak on their own behalf in all proceedings;

(6) Right to hear all information and view all material presented against them;

(7) The right to call witnesses for a full hearing as described in WAC 172-121-122;

(8) The right to ask or submit questions to be asked of witnesses for a full hearing, in a method determined by the conduct review officer, as described in WAC 172-121-122;

(9) The right to consult an advisor as described in WAC 172-121-105(3);

(10) The right to be presumed not responsible;

(11) The right to appeal as provided in WAC 172-121-130; and

(12) The right to be subjected to EWU disciplinary action only one time for the same conduct.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-030, filed 10/28/24, effective 11/28/24
WSR 21-12-037, § 172-121-030, filed 5/25/21, effective 6/25/21
WSR 20-19-046, § 172-121-030, filed 9/10/20, effective 10/11/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-030, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 13-24-123, § 172-121-030, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-030, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-040 Jurisdiction.

Eastern Washington University shall have jurisdiction over student behavior which occurs on university premises or during a university-sponsored program or activity. The university may also exercise jurisdiction over student conduct which occurs at off-campus locations if the behavior adversely affects the university or a university community member. The university has sole discretion in determining what conduct adversely impacts the university or a university community member.

The student conduct code shall apply to conduct without regard to a student's academic status at the time the conduct took place. This includes all periods from the time of application for admission through the actual awarding of a degree, including times between academic periods, breaks in enrollment, or outside of normal business hours. The university may continue a student conduct process even after a student withdraws or graduates.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-040, filed 12/9/22, effective 1/9/23
WSR 13-24-123, § 172-121-040, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-040, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-050 External authorities.

Many offenses under this code are also violations of federal, state or local laws. A student or student organization may face criminal and civil prosecution as well as university disciplinary action for violation of these laws.

The university reserves the right to take action under this code for any offenses over which it has jurisdiction. Proceedings under this code may be carried out prior to, simultaneously with, or following civil or criminal proceedings in the courts. University proceedings under the student conduct code are not subject to challenge, delay, or dismissal based solely on criminal charges.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-123, § 172-121-050, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-050, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-060 Notification of criminal arrest.

A student is responsible for informing the university of any off-campus arrest.

When student rights and responsibilities (SRR) is informed of the arrest of a student, the university may send a letter to the student requiring that he or she make an appointment for an interview with the SRR. During this interview, the director of SRR 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); and

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

The university will cooperate with law enforcement and other agencies administering a corrective or rehabilitative program for the student.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-050, § 172-121-060, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-060, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-060, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-070 Conduct review officials.

(1) The director of SRR or designee shall:

(a) Serve as the primary point of contact for all matters relating to student conduct code violations and proceedings;

(b) Manage the proceedings as described in this chapter;

(d) Ensure complaints are promptly investigated and resolved as required by federal and state laws; and

(e) Review off-campus incidents of alleged misconduct and make determinations as to whether the conduct involved adversely affects EWU or the EWU community and whether the conduct process should be initiated.

(2) Conduct review officer (CRO): The EWU president delegates to the vice president of student affairs the authority to designate one or more CRO(s). The director of SRR, dean of students, or any other qualified individual may be designated as a CRO. The CRO(s) shall preside over conduct review meetings and full conduct hearings under this chapter. For conduct review meetings, the CRO shall serve as the decision maker. For full hearings, the CRO shall serve as the presiding officer.

As the presiding officer in full hearings, the CRO has authority to:

(a) Determine the order of presentation of evidence;

(b) Administer oaths and affirmations;

(d) Rule on procedural matters, objections, and motions;

(e) Rule on motions for summary judgment;

(f) Rule on offers of proof and receive relevant evidence;

(g) Pursuant to RCW 34.05.449(5), close parts of a hearing to public observation or order the exclusion of witnesses upon a showing of good cause;

(h) Question witnesses in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;

(i) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to each party's opportunity for cross-examination and rebuttal;

(j) Take official notice of facts pursuant to RCW 34.05.452(5);

(k) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

(l) Permit or require oral argument or briefs and determine the time limits for submission thereof;

(m) Issue an order of default;

(n) Hold prehearing conferences; and

(o) Take any other action necessary and authorized by any applicable statute or rule.

(3) Student disciplinary council: The council serves as the decision maker for full hearings with respect to a finding of responsibility. The CRO in full hearings serves as the decision maker with respect to determining appropriate sanction(s) and remedies, upon a finding of responsibility.

(a) Council pool: For each academic year, a pool of council members shall be established. All members of the council pool are appointed by the vice president for student affairs.

(i) Councilmembers must meet the requirements of the role to serve on the hearing board. Councilmember appointments may be revoked;

(ii) Council chair (conduct review officer): Designated CRO who chairs council proceedings;

(iii) Vacancies: Council pool shall be filled as needed through appointment by the vice president for student affairs.

(b) Session council: When a student disciplinary council is needed for a full hearing, the director or designee, shall identify available members from the council pool to serve as the session council. Each session council must include three members. The council may consist of students, staff, or faculty members. Full hearings are determined by a majority vote of the council.

(4) Investigator: An EWU investigator may be assigned to conduct an investigation. If an EWU investigator is assigned outside of student rights and responsibilities, the investigator will provide a written investigative report to the director of student rights and responsibilities.

(5) Presenter in cases of a full hearing: In full hearings, a person will present a case against the respondent on behalf of EWU. The presenter will call witnesses, ask questions, and offer evidence during the hearing. The presenter may be the director of SRR, designee, or an assistant attorney general appearing on behalf of EWU.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-070, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-070, filed 12/9/22, effective 1/9/23
WSR 21-01-102, § 172-121-070, filed 12/11/20, effective 1/11/21
WSR 20-19-046, § 172-121-070, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-070, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-070, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-070, filed 8/9/17, effective 9/9/17
WSR 15-24-050, § 172-121-070, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-070, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-070, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-075 Conflicts of interest.

(1) Individuals who play a role in investigating, presiding over, and making decisions pertaining to individual student conduct cases including, but not limited to, the director, Title IX coordinator, dean of students, investigator, and council, shall not have any conflict of interest in the process or a bias for or against complainants or respondents generally or an individual complainant or respondent. A conflict of interest exists if the investigator, presiding officer or decision maker is the respondent, complainant, or a witness; if the respondent, complainant, or witness is a family member or friend; if the individual has a personal interest or bias; or if the individual has previously served in an advisory capacity for any of the parties or witnesses. In the event such a conflict arises in the process, the person shall disclose such interest to the parties. Parties to the complaint who believe a university official involved in the process has a conflict of interest may report such concerns to the director of SRR or the dean of students. The director or dean shall determine whether a conflict of interest exists and take appropriate action.

(2) Challenges to council membership. Members of the student disciplinary council and the conduct review officer (CRO) are subject to the conflict of interest limitations set forth in subsection (1) of this section.

(a) If a member has such a conflict, the person shall recuse him/herself from further involvement in the case. In the event such a conflict arises after the council has been selected or during a proceeding, the member shall disclose the conflict to the parties.

(b) A council member's or the CRO's eligibility to participate in a case may be challenged by parties to the case or by other council members at any time by submitting a motion to disqualify to the CRO. When such a challenge is made, the session council, excluding the person alleged to have a conflict of interest, shall make a decision on the challenge.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-19-046, § 172-121-075, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-075, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-075, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-075, filed 8/9/17, effective 9/9/17
WSR 13-24-123, § 172-121-075, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-121-080 Administration and records.

(1) Student conduct code.

(a) Interpretation: Any questions regarding the interpretation or application of this student conduct code are referred to the vice president for student affairs for final determination.

(b) Review: This student conduct code shall be reviewed at least every three years under the direction of the vice president for student affairs.

(2) Records of conduct review proceedings.

(a) Records of conduct review proceedings under this chapter shall be prepared by the conduct review official(s) involved and maintained by the director of SRR. As much as possible, records should include:

(i) An audio recording of a prehearing conference;

(ii) An audio recording of conduct review hearings;

(iii) All letters, statements, memoranda, decisions, orders, notices, and other documents related to conduct review proceedings;

(iv) Any images, articles, recordings, or other materials presented as evidence in a conduct review proceeding;

(v) A statement of matters officially noticed or considered by the council or conduct review officer (CRO);

(vi) Evidence submitted, whether or not accepted, any objections and rulings, any cross-examination questions submitted to the council and rulings on such questions;

(vii) Proposed findings, requested orders, and exceptions;

(viii) Recording of the hearing and subsequent transcript, if any;

(ix) Any staff memorandum to the extent required by RCW 34.05.476;

(x) Matters placed on the record after any ex parte communication. "Ex parte" means when a member of the student disciplinary council or CRO communicates with a party about a nonprocedural matter regarding the hearing when the other party is not present.

(b) The director of SRR shall keep records of conduct review proceedings for seven years.

(c) Records of conduct review proceedings are the property of EWU and are confidential to the extent provided in applicable law.

(d) Prior to the final disposition of a case, the respondent may review the records relative to their case. The respondent shall request to review the case records by contacting the CRO. The CRO shall make every reasonable effort to support the respondent's request.

(3) Student disciplinary records.

(a) Student disciplinary records are confidential and shall be treated consistently with the requirements of the Family Educational Rights and Privacy Act (FERPA) and applicable law. Disciplinary records shall be maintained in accordance with EWU's records retention schedule.

(b) Release of student disciplinary records. EWU shall not communicate a student's disciplinary record to any person or agency outside EWU without the prior written consent of the student, except as required or permitted by law. Exceptions include, but are not limited to:

(i) The student's parents or legal guardians may review these records as permitted by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(ii) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(iii) In response to a judicial order or a lawfully issued subpoena.

(iv) EWU shall release information related to disciplinary records to complainants or other persons as required by Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other state and federal laws.

(v) Disciplinary records will be made available to hearing councils and EWU personnel as needed for legitimate educational purposes.

(vi) A student may authorize release of their own disciplinary record to a third party in compliance with FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) by providing a written consent to student rights and responsibilities.

(vii) Any student may review their own disciplinary records by contacting student rights and responsibilities.

(viii) A student may obtain a copy of their disciplinary record by making a written request to student rights and responsibilities. Student rights and responsibilities may charge the student a reasonable amount to cover copying expenses.

(ix) EWU may disclose to a student's parents a violation of any federal, state, or local law, or of any EWU policy or rules regarding use or possession of alcohol or a controlled substance so long as the student is under the age of twenty-one at the time of the disclosure to the parent.

(c) When disciplinary records are released, personally identifiable information may be redacted to protect the privacy of others as permitted by law.

(4) Holds:

(a) Types of holds. Holds placed on a student's academic records may prevent admission, registration, graduation, or other academic or EWU activities.

(b) Discretionary holds: The CRO may place a hold on a student in either of the following situations:

(i) Pending the student's satisfactory completion of any sanctions imposed by a conduct review hearing; or

(ii) If the student fails to respond to any properly delivered notice from the CRO.

(c) Required holds: The CRO shall place a hold on a student's EWU record if the student is the respondent to a violation of the conduct code and has withdrawn from EWU, or if the student withdraws from EWU after a complaint is filed against the student. A hold is also required if a student is subject to a pending student conduct complaint at the time of graduation. This hold shall remain in place until the allegation or complaint is resolved.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-080, filed 10/28/24, effective 11/28/24
WSR 20-19-046, § 172-121-080, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-080, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-080, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-080, filed 8/9/17, effective 9/9/17
WSR 13-24-123, § 172-121-080, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-080, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-100 Complaints.

(1) Filing of complaints.

(a) Any person or EWU may file a complaint against a student or student organization for violation of the student conduct code. Complaints must be submitted in good faith.

(b) A person wishing to file a complaint under the student conduct code must submit the complaint, in writing, to one of the following:

(i) Student rights and responsibilities (www.inside.ewu.edu/srr); or

(ii) Title IX coordinator (www.inside.ewu.edu/titleix).

(c) Filing a complaint under the student conduct code does not prohibit or limit a person's right to file complaints or charges with other civil and/or criminal authorities for violations of local, county, state, or federal law.

(d) All student conduct code complaints will be forwarded to the director of SRR for further review and action.

(e) In cases where EWU is pursuing a student conduct case on its own behalf, an EWU employee shall initiate the complaint.

(2) Complaint review. Upon receipt of a complaint, the director of SRR shall review the complaint to determine whether it may lead to suspension or expulsion and/or involves felony level criminal conduct to determine which student conduct process applies and if appropriate law enforcement or other authorities should be notified. If a complaint falls within such categories, it shall be referred to a hearing under WAC 172-121-122. If the director of SRR receives a complaint that involves potential violations of chapter 172-125 WAC, the director will refer the complaint to the Title IX coordinator within 24 hours to handle under the procedures contained in chapter 172-125 WAC. For all other complaints, the director may determine whether or not to dismiss the complaint, refer the matter to adaptable dispute resolution under WAC 172-121-102, or refer the matter for a conduct review meeting or full hearing.

(a) Investigations. The director may initiate an investigation for other forms of alleged misconduct. During the investigation, the investigator is responsible for collecting evidence related to the complaint. The investigation can be conducted by either a single investigator or a team of investigators. The investigator(s) will reach out to the complainant (if applicable), respondent, and other witnesses to ask questions and gather relevant evidence.

Throughout the investigation, all parties will have an equal opportunity to present witnesses and other evidence that supports their positions. At the conclusion of the investigation, the investigator will compile a final written report that fairly summarizes the relevant evidence gathered. This investigative report, along with any collected evidence, will be forwarded to the director of SRR if the investigation was conducted externally.

As part of the investigatory process, EWU may collaborate with outside organizations or entities, such as Sorority and Fraternity National Headquarters, when necessary to conduct the investigation into the alleged misconduct of student organizations.

(b) Confidentiality. To facilitate the investigative process and protect the privacy of those involved, all information will be maintained in a confidential manner to the fullest extent permissible by law. During an investigation, complaint information will be disseminated on a need-to-know basis. If the complainant wishes to remain anonymous, EWU will take all reasonable steps to investigate the allegation without disclosing the name of the complainant to the extent allowed by state and federal law. If the complainant wishes to remain anonymous, EWU shall inform them that its ability to investigate and respond to the allegation will be limited. EWU cannot ensure confidentiality, as its legal obligations under federal or state law may require investigation of the allegation and possible disclosure of the complainant's name. Reports of crimes to the campus community shall not include the names of the complainants. Files subject to public disclosure will be released to the extent required by law.

(c) Right to file a criminal report. Once the university is notified of an allegation misconduct that could constitute a crime, it will notify the potential complainant of their right to file a criminal complaint with campus or local law enforcement. If the complainant in such circumstances wishes to report the conduct to local law enforcement, EWU will assist them in doing so. EWU will also notify the complainant that they are not required to file a report with local law enforcement. EWU will report allegations of misconduct to law enforcement or other authorities when it is required to do so under federal, state, and local law.

(3) Supportive measures and interim restrictions. During the complaint review, the director or designee of SRR will review whether any supportive measures or interim restrictions are needed. Supportive measures and interim restrictions are addressed in WAC 172-121-140.

(4) SRR will follow up with the parties as described below. The director of SRR will contact the respondent and complainant, where applicable, and provide them with the following information:

(a) The respondent's and complainant's rights under the student conduct code;

(b) A summary of the allegations the complainant has against the respondent;

(d) How to report any subsequent problems or retaliation, including intimidation, threats, coercion, or discrimination.

Where applicable and based on the alleged misconduct, the director of SRR or designee will, in addition to the information specified under this subsection, provide parties with written information that will include, at a minimum:

(i) The student's rights and options, including options to avoid contact with the other party; a list of available university and community resources for counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other academic and housing services at the university and in the community; and options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures;

(ii) The importance of preserving evidence of the alleged incident and procedures to follow to preserve evidence of the alleged incident;

(iii) Who will receive a report of the allegation;

(iv) Their right to file or not file a criminal complaint as detailed above and the ability to be assisted by campus authorities in notifying law enforcement authorities if the complainant wishes to do so;

(v) A list of resources for obtaining protective, no contact, restraining, or similar orders, if applicable;

(vi) The procedures the university will follow when determining if discipline is appropriate;

(vii) Steps the university will take to ensure confidentiality of complainants and other necessary parties and the limits this may place on the university's ability to investigate and respond, as set forth above; and

(viii) Information regarding the university's policy against retaliation, steps the university will take to prevent and respond to any retaliation, and how the student should report retaliation or new incidents.

(5) Following the complaint review, the director of SRR will either dismiss the matter, refer it to adaptable dispute resolution, or arrange a prehearing conference.

(a) Dismiss the matter. If the director of SRR determines the allegations, even if true, would not rise to the level of a conduct violation, they may dismiss the matter. In such cases, the director of SRR or designee will prepare a written record of the dismissal. The director of SRR or designee will also notify the complainant of their decision, if such notification is permissible under FERPA. The dismissal letter, along with the original complaint and any other related documents, will be maintained as described in WAC 172-121-080.

(b) Adaptable dispute resolution. The director may refer the complaint to the adaptable dispute resolution process contained in WAC 172-121-102.

(c) Prehearing conference. If the director of SRR does not dismiss the matter they will arrange a prehearing conference as described in WAC 172-121-110 unless a respondent is opting to admit responsibility under WAC 172-121-118.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-100, filed 10/28/24, effective 11/28/24
WSR 24-01-030, § 172-121-100, filed 12/8/23, effective 1/8/24
WSR 23-11-109, § 172-121-100, filed 5/19/23, effective 6/19/23
WSR 23-01-027, § 172-121-100, filed 12/9/22, effective 1/9/23
WSR 21-01-102, § 172-121-100, filed 12/11/20, effective 1/11/21
WSR 20-19-046, § 172-121-100, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-100, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-100, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-100, filed 8/9/17, effective 9/9/17
WSR 15-24-050, § 172-121-100, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-100, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-100, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-102 Adaptable dispute resolution.

(1) A CRO or their designee may resolve a matter by agreement. Agreements may be reached directly or through an adaptable dispute resolution process. Adaptable dispute resolution includes various processes of voluntary, structured facilitation between impacted parties aimed to balance support and accountability. Examples of adaptable dispute resolution include, but are not limited to, restorative justice circles, restorative justice conferences, negotiation, facilitated dialogues, impact panels, and mediation. The various types of adaptable dispute resolution available at the university and the procedures for resolution are available on student rights and responsibilities' website.

(2) When resolution of a matter is reached by agreement or an adaptable dispute resolution process, the agreement must be in writing and signed by the parties and the conduct officer or designee. In the agreement, the parties must be advised in writing that:

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

(b) If a student does not successfully complete all aspects of an agreement, they may be charged with the following violations of the student conduct code:

(i) Failure to comply; and

(ii) Any possible alleged conduct code violations from the initial incident or case that was reported to the SRR office. Failure to abide by the terms of the agreement will be considered a violation of the student conduct code.

(3) If any party decides to leave the adaptable dispute resolution process or the CRO or designee determines it is no longer appropriate, then the matter shall be referred back to the director to determine the next steps under WAC 172-121-100.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-01-030, § 172-121-102, filed 12/8/23, effective 1/8/24.

Wash. Admin. Code § 172-121-105 Conduct review proceedings.

(1) General provisions:

(a) Conduct review proceedings in which the allegations do not involve felony level crimes, or the potential sanction is less than suspension or expulsion, are brief adjudicative proceedings in accordance with WAC 172-108-050(3) and the Administrative Procedure Act. Conduct review proceedings in which the allegations involve felony level crimes, or the potential sanction is suspension or expulsion, are considered full hearings under the Administrative Procedure Act.

(b) Nonjudicial proceedings: Formal rules of process, procedure, and/or technical rules, such as are applied in criminal or civil courts, do not apply in student conduct code proceedings.

(2) Notification for student organizations: When a charge is directed towards a student organization, the CRO will communicate all matters relative to conduct review proceedings with the president of the organization or their designee.

(3) Advisors: The complainant and the respondent may be assisted by one advisor of their choice, subject to the following provisions:

(a) Any fees or expenses associated with the services of an advisor are the responsibility of the complainant or the respondent that employed the advisor;

(b) The advisor may be an attorney or any other person of the student's choosing;

(d) If a complainant or the respondent is represented by an attorney, the attorney shall provide the CRO and other parties with the attorney's name, address, telephone number, and email address. The attorney must file a notice of appearance when hired to represent a person and a notice of withdrawal upon withdrawal of representation. A notice of appearance must be filed at least two business days prior to any conduct review proceeding;

(e) In addition to an advisor, a complainant or respondent may bring a certified therapy animal with a handler for the hearing. The handler is not allowed to participate in the hearing process.

(4) Review of evidence:

(a) In conduct review meetings, the respondent may request to view material related to their case prior to a scheduled hearing by contacting the CRO. To facilitate this process, the party should contact the CRO as early as possible prior to the scheduled hearing. The CRO shall make a reasonable effort to support the request to the extent allowable by state and federal law.

(b) In full hearings, the respondent may request to view material related to the case prior to the scheduled hearing by contacting the director of SRR. To facilitate this process, the party should contact the director as early as possible prior to the scheduled hearing. The director of SRR shall make a reasonable effort to support the request to the extent allowable by state and federal law.

(5) Continuances: Continuances, extensions of time, and adjournments may be ordered by the CRO. A party may file a timely request for a continuance if the party shows good cause for the continuance. A request for a continuance may be oral or written. Before granting a motion for a continuance, the CRO shall allow any other party to object to the request. The CRO will make a decision on the request and will communicate their decision in writing to the parties along with the reasons for granting or denying the request.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-105, filed 10/28/24, effective 11/28/24
WSR 21-01-102, § 172-121-105, filed 12/11/20, effective 1/11/21
WSR 20-19-046, § 172-121-105, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-105, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-105, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-105, filed 8/9/17, effective 9/9/17
WSR 13-24-123, § 172-121-105, filed 12/4/13, effective 1/4/14.

Wash. Admin. Code § 172-121-110 Notice of allegations and initial scheduling.

(1) Notice of investigation. If the director of SRR refers a complaint to an investigation, the director shall provide the respondent with a notice of investigation that meets the following requirements:

(a) Is made in writing;

(b) Includes a written list of the allegations against the respondent with sufficient details of the allegations based on current information including, if known, date and time of the incident, description of the conduct, and the specific sections of this code allegedly violated;

(c) Indicates that the complaint has been assigned to a EWU investigator and provide the contact information for the investigator;

(d) Provides notice that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the end of the hearing;

(e) Provides a reminder that the person may have an advisor of their choice throughout the student conduct process;

(f) A statement that students are prohibited from knowingly furnishing false information during the student conduct process; and

(g) Where applicable, information about supportive measures and resources available to the respondent as well as information about EWU's prohibition on retaliation.

(2) Notice of allegations: If the director of SRR decides to send the case to hearing, following a review of the investigative report if any, the director of SRR shall appoint a CRO to the case and notify the respondent of the CRO and the date of a prehearing conference. Notification of the allegations to the respondent must:

(a) Be made in writing;

(b) Include a written list of the allegations against the respondent with sufficient details of the allegations based on current information, including, if known, date and time of the incident, description of the conduct, and the specific sections of this code allegedly violated;

(c) Provide notice that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the end of the hearing;

(d) Provide a reminder that the person may have an advisor of their choice and, for Title IX complaints, that EWU will provide them with an advisor upon requests for the purposes of conducting cross-examination;

(e) Provide information about how to review the evidence gathered prior to the hearing;

(f) Provide a statement that students are prohibited from knowingly furnishing false information during the student conduct process;

(g) Inform them of the option to admit responsibility under WAC 172-121-118; and

(h) Include a date, time, and location of the prehearing conference.

(3) Follow up with complainant. The SRR office shall also follow up with the complainant(s) and respondent(s) to inform them of the process of reporting any retaliation or new incidents. If the complainant or respondent engages in retaliatory behavior, EWU shall take immediate steps to protect the complainant or respondent from further harassment or retaliation.

(4) If additional information is learned during the investigation that may rise to additional allegations, EWU must provide the respondent with an updated notice of allegations.

(5) The procedures for the prehearing conference for conduct review meetings are contained in WAC 172-121-121. The procedures for the prehearing conference for full hearings is contained in WAC 172-121-122.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-110, filed 10/28/24, effective 11/28/24
WSR 23-11-109, § 172-121-110, filed 5/19/23, effective 6/19/23
WSR 23-01-027, § 172-121-110, filed 12/9/22, effective 1/9/23
WSR 20-19-046, § 172-121-110, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-110, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-110, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-110, filed 8/9/17, effective 9/9/17
WSR 13-24-123, § 172-121-110, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-110, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-118 Admission of responsibility.

EWU encourages respondents to acknowledge harm and accept responsibility for repairing harm, to the extent possible, experienced as a result of a student's conduct. An investigator, CRO, or presiding officer may offer to the respondent at any time the opportunity to admit responsibility for the alleged misconduct. If the respondent decides to admit responsibility, the respondent will sign a document drafted by SRR taking responsibility. The CRO and/or presiding officer, depending on the type of conduct, will schedule a recorded meeting for the respondent to take responsibility on the record and for the CRO and/or presiding officer to determine the appropriate sanctions under WAC 172-121-400.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-118, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-118, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-121 Conduct review meeting procedures.

(1) Applicability: The conduct review officer (CRO) may hold a conduct review meeting with the respondent if the proposed sanction is less than a suspension and the allegations do not involve felony level criminal behavior.

(2) General provisions.

(a) Hearing authority: The CRO exercises control over hearing proceedings. All procedural questions are subject to the final decision of the CRO.

(b) Closing hearings: All conduct review hearings will be closed. Admission of any person to a conduct review hearing shall be at the discretion of the CRO.

(c) Consolidation of hearings: In the event that one or more students are charged with the same misconduct arising from the same occurrence, the hearing authority may conduct separate hearings for each student or consolidate the hearings as practical, as long as consolidation does not impinge on the rights of any student.

(3) Appearance.

(a) Failure to appear: In cases where proper notice has been given but the respondent fails to attend a conduct review hearing, the hearing authority shall decide the case based on the information available, without the respondent's input.

(b) Appearance: The respondent will be provided options for reasonable alternative arrangements if they do not wish to be present in the same room as the other student during the hearing. People may appear at the conduct review hearing in person, through telephone conference, or through any other practical means of communication, subject to the limits set forth below in (e) of this subsection. If a person does not appear at the hearing, the hearing authority will decide the case based on the information available.

(c) Advisors: The respondent may be assisted by one advisor during conduct review hearings as described in WAC 172-121-105. In conduct review meetings, the advisor is limited to advising the student and cannot speak on behalf of the student.

(d) Disruption of proceedings: Any person, including the respondent or advisor, who disrupts a hearing, may be excluded from the proceedings.

(e) Electronic appearance. In the interest of fairness and expedience, the CRO may permit any person to appear by telephone, audio recording, written statement, or other means, as appropriate, if the rights of the parties will not be substantially prejudiced by an electronic appearance as determined by the CRO.

(4) Standard of proof. The hearing authority shall determine whether the respondent violated the student conduct code, as charged, based on a preponderance of the evidence. A preponderance means, based on the evidence admitted, whether it is more probable than not that the respondent violated the student conduct code.

(5) Prehearing conference. The SRR office will schedule a prehearing conference with the respondent. Only the respondent and the respondent's advisor may appear at the prehearing conference. The purpose of the prehearing conference is to advise the parties regarding the student conduct process. During the prehearing conference, the CRO will:

(a) Review the written list of allegations with the respondent;

(b) Inform the respondent who is bringing the complaint against them;

(d) Explain the respondent's rights under the student code;

(e) Explain the conduct review procedures;

(f) Where applicable, explain the respondent's and complainant's rights and responsibilities in the conduct review process;

(g) Review the option for admitting responsibility under WAC 172-121-118; and

(h) Explain possible penalties under the student conduct code.

At the end of the prehearing conference, the CRO will either conduct or schedule a conduct review meeting with the respondent as set forth in this subsection or arrange for a meeting to take an admission of responsibility under WAC 172-121-118. If proper notice was given of the prehearing conference and the respondent fails to attend the conference, the CRO may either proceed with the conduct review meeting and decide the case based on the information available, or place a hold on the respondent's academic records as described in WAC 172-121-080 until the respondent cooperates with the student conduct process.

(6) Scheduling. A conduct review meeting may take place immediately following the prehearing conference or it may be scheduled for a later date or time. If the conduct review meeting will be held at a later date or time, the CRO shall schedule the hearing and serve the respondent with a notice of the date, time, and place of the hearing. The CRO may coordinate with the parties to facilitate scheduling, but is not required to do so. The CRO has sole discretion as to whether to call witnesses.

(7) If the respondent fails to appear at the conduct review meeting, the CRO may conduct the hearing without the respondent present. The CRO may also place a hold on the respondent's academic records under WAC 172-121-080 until the respondent cooperates with the student conduct process.

(8) Deliberation. After the hearing, the CRO shall decide whether the respondent violated the student conduct code based on a preponderance of the evidence and issue a decision within seven business days.

(a) If the CRO determines that there is not sufficient information to establish a violation by a preponderance of evidence, the CRO shall dismiss the complaint.

(b) If the CRO determines that the respondent violated the student conduct code, the CRO shall impose any number of sanctions as described in WAC 172-121-210, except suspension or expulsion.

(9) Sanctions. In determining what sanctions shall be imposed, the CRO may consider the evidence presented at the hearing as well as any information contained in the student's disciplinary and academic records. If a student fails to appear for a hearing, then the CRO authority shall review the evidence provided and may consider information available from the student's disciplinary and academic records in determining what sanction should be imposed. In addition to sanctions under this code, if the student is also an employee of EWU, the CRO's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with EWU policy.

(10) Notification. The CRO shall serve the respondent with a decision including its findings, conclusions, and rationale. The decision shall address credibility issues if credibility or witness demeanor was a substantial factor in the CRO's decision. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness. The findings shall be based exclusively on the evidence provided at the hearing. The decision must also include:

(a) Identification of the section of the code alleged to have been violated;

(b) A description of the procedural steps taken from the receipt of the complaint through the determination, including any notifications to the parties, interviews, methods to gather evidence, and hearings;

(d) Conclusions regarding the application of the code to the facts along with the rationale for each determination;

(e) Sanctions;

(f) Respondent's right to appeal. Where applicable and to the extent permitted by law, the complainant shall be provided with written notice of substantiated violations:

(i) The complainant's right to appeal, if any;

(ii) Any change to the results that occurs prior to the time that such results become final; and when such results become final (20 U.S.C. 1092(f)).

(g) Information regarding the discipline of the respondent will not be released unless:

(i) The information contained in the record directly relates to the complainant, such as an order requiring the respondent to not contact the complainant; or

(ii) The misconduct involves a crime of violence or other crime as defined in 42 U.S.C. Sec. 13925(a).

(11) Finality. The CRO's decision becomes final at either the conclusion or the appeal process under this code, if an appeal is filed, or, if an appeal is not filed, the date on which an appeal would no longer be timely.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-121, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-121, filed 12/9/22, effective 1/9/23
WSR 20-19-046, § 172-121-121, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-121, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-121, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-121, filed 8/9/17, effective 9/9/17.

Wash. Admin. Code § 172-121-122 Full hearing procedures.

(1) Scheduling and notification. Full hearings are used for allegations which, if substantiated by a preponderance of the evidence, could be a felony-level crime or could result in a sanction of suspension or expulsion. Following provision of the notice of allegations to the respondent, as set forth in WAC 172-121-110, the SRR office shall arrange for a prehearing conference unless the respondent has admitted responsibility under WAC 172-121-118.

(2) General provisions.

(a) Hearing authority: The CRO exercises control over hearing proceedings. All procedural questions are subject to the final decision of the CRO. The CRO chairs the disciplinary council.

(b) Closed hearings: All conduct review hearings will be closed. Admission of any person to a conduct review hearing shall be at the discretion of the CRO.

(c) Consolidation of hearings: In the event that one or more students are charged with the same misconduct arising from the same occurrence, the council may conduct separate hearings for each student or consolidate the hearings as practical, as long as consolidation does not impinge on the rights of any student.

(3) Appearance.

(a) Failure to appear: In cases where proper notice has been given but the respondent fails to attend a conduct review hearing, the council shall decide the case based on the information available, without the respondent's input. The council may not make an inference about the determination regarding responsibility based solely on a party's or witness's failure to appear at the hearing. However, nonappearance by a party may impact the evidence available for the council to make a decision.

(b) Appearance: The parties will be provided options for reasonable alternative arrangements if they do not wish to be present in the same room as the other student during the hearing. The parties may appear at the conduct review hearing in person via a method that allows the council to hear the parties and physically observe them while testifying, subject to the limits set forth below in (e) of this subsection. If a party does not appear at the hearing, the council will decide the case based on the information available. The council cannot draw an inference regarding responsibility based on the failure to appear or refusal to answer cross-examination or other questions.

(c) Advisors: The complainant and the respondent may be assisted by one advisor during conduct review hearings as described in WAC 172-121-105.

(d) Disruption of proceedings: Any person, including the respondent or advisor, who disrupts a hearing, may be excluded from the proceedings.

(e) Remote appearance. In the interest of fairness and expedience, the CRO may permit any person to appear by a method that allows the person to be seen and heard by the council.

(4) Standard of evidence. The council shall determine whether the respondent violated the student conduct code, as charged, based on a preponderance of the evidence. A preponderance means, based on the evidence admitted, whether it is more probable than not that the respondent violated the student conduct code.

(5) Prehearing conference. The SRR office or designee will arrange for a prehearing conference with the parties to advise them about the student conduct process. During the prehearing conference, the SRR office or designee will:

(a) Review the written list of allegations;

(b) Inform the respondent who is bringing the complaint against them;

(c) Provide the respondent and, where applicable, complainant with a copy of the student conduct code and any other relevant EWU policies;

(d) Explain the respondent's and, where applicable, complainant's rights and responsibilities under the student code;

(e) Explain the conduct review procedures;

(f) Explain possible penalties under the student conduct code;

(g) Review the option for admitting responsibility under WAC 172-121-118;

(h) Schedule a date for the full hearing; and

(i) Address any preliminary matters or motions.

(6) Notice of hearing. Following the prehearing conference, the SRR director or designee shall schedule the hearing and serve the respondent and, where applicable, complainant with notice of the date, time, location, participants, and purpose of the hearing. At the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, all or part of any hearing may be conducted by telephone or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place. The notices will include information about how to request accommodations or interpreters for any parties or witnesses. Any request for the presence of an emotional support animal or any other accommodation must be directed to disability support services and approved as a reasonable accommodation in advance of the hearing. A person may bring a certified therapy animal with a handler to a hearing. The notice of hearing must be served on the respondent and complainant at least seven business days prior to the hearing. The director may coordinate with the parties to facilitate scheduling, but is not required to do so.

(7) Evidence.

(a) Evidence: Pertinent records, exhibits and written statements may be accepted as information for consideration by the council in accordance with RCW 34.05.452. Council may review proposed exhibits prior to the hearing. Any investigation conducted by EWU will be admitted into evidence as long as the investigator testifies at the hearing. Evidence, including hearsay evidence, is admissible if in the judgment of the CRO it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The CRO shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized by Washington courts. The CRO may exclude irrelevant material. If not inconsistent with this section, the CRO shall refer to the Washington rules of evidence as guidelines for evidentiary rulings. Prior or subsequent conduct of the respondent may be considered in determining opportunity, intent, preparation, plan, identity, a pattern of conduct, credibility, or absence of mistake or lack of knowledge.

(b) The respondent has the right to view all material presented during the course of the hearing.

(c) All testimony of parties and witnesses shall be made under oath or affirmation. Any interpreter shall be proscribed the oath set forth in WAC 10-08-160.

(d) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(e) Official notice may be taken of (i) any easily verifiable facts such as dates or weather conditions, (ii) technical or scientific facts within EWU's specialized knowledge, such as enrollment status or class schedules, and (iii) codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.

(f) All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of RCW 34.05.452.

(8) Discovery. Discovery is not permitted under the code, except for requests for documentary information from EWU. Either party may request EWU to produce relevant documents in EWU's possession as long as such request is submitted at least five business days prior to the hearing, absent extenuating circumstances. If the CRO determines the request is not relevant to the present allegation, the CRO may deny the request. EWU will provide the requested information prior to the hearing to the extent permitted by state and federal law.

(9) Subpoenas.

(a) Subpoenas may be issued by the presiding officer or an attorney consistent with RCW 34.05.446. However, for the protection of both parties, a party cannot subpoena the other party. A party may request an exemption from this rule by filing a written request with the presiding officer at least 10 days prior to the hearing. The presiding officer will provide a copy of the request to the other party and give them three days to respond. The presiding officer will then decide whether or not sufficient cause exists to grant an exemption to this rule and will inform the parties of the decision. Any subpoena issued must conform to EWU's subpoena form. Every subpoena shall identify the party causing issuance of the subpoena and shall state EWU's name and the title of the proceeding and shall direct the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under their control.

A subpoena to a person to provide testimony at a hearing shall specify the time and place set for hearing.

(b) A subpoena may be served by any suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving them a copy thereof, or by leaving such copy at the place of their abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury.

(c) The CRO, upon motion by a party or at their own discretion, may quash or modify the subpoena if it is unreasonable or oppressive. Subpoenas may not be used to threaten or intimidate parties or witnesses.

(10) Summary judgment. A motion for summary judgment may be granted and an order issued if the written record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

(11) Witnesses.

(a) The complainant, respondent, and EWU's presenter may call witnesses at full hearings.

(b) The person who wishes to call a witness is responsible for ensuring that the witness is available and present at the time of the hearing. An attorney may subpoena a witness to appear at the hearing. Nonattorneys may request the CRO to subpoena witnesses in accordance with subsection (4) of this section. The CRO has the discretion to deny a request to issue a subpoena or to quash a subpoena issued by an attorney if the subpoena is unreasonable, oppressive, or does not conform to EWU's subpoena form.

(c) The CRO may exclude witnesses from the hearing room when they are not testifying. The CRO is not required to take the testimony of all witnesses called by the parties if such testimony may be irrelevant.

(d) All parties have the right to hear all testimony provided by witnesses during the hearing.

(e) The parties should inform the CRO of any possible need for an interpreter or any accommodation requests at least five business days prior to the hearing. The CRO will comply with WAC 10-08-150.

(12) Questioning:

(a) Through the CRO, the respondent's advisor, and EWU's presenter may ask questions of any witness, or party, including cross-examination questions. If the parties do not have an advisor, they may submit questions in writing to the CRO and the CRO may ask the questions. The CRO may also ask questions, but is not required to do so. The CRO may preclude any questions which they consider irrelevant.

(b) The council may ask their own questions of any witness or party called before them.

(13) Remote appearance. The CRO may accommodate concerns for personal safety, well-being, or fears of confrontation of any person appearing at the hearing by providing separate facilities, or by permitting participation by video conferencing, or other means that allows the council and parties to see and hear the party answering questions, as determined appropriate, subject to subsection (3)(b) of this section.

(14) Deliberations and sanctions. Following the hearing, the council will determine in closed session whether, by a preponderance of the evidence, the respondent violated the student conduct code based on the evidence presented at the hearing. If a student fails to appear, the council shall make a decision based on the information available. The council shall make its decisions based on a majority vote. If the council determines the respondent violated the student conduct code, the CRO shall then decide what sanctions and remedies shall be imposed. The CRO may review the respondent's previous disciplinary history for purposes of determining the appropriate sanction. In addition to sanctions under this code, if the student is also an employee of EWU, the CRO's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with EWU policy.

The council shall issue a decision including their findings, conclusions, and rationale. The decision shall address credibility issues if credibility or witness demeanor was a substantial factor in the council's decision. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness. The findings shall be based exclusively on the evidence provided at the hearing. If the council finds the respondent violated the code, the CRO shall add the decision regarding sanctions and remedies to the council's decision. Such decisions should be issued within 10 business days from the date of the hearing. The written decision shall also:

(a) Be correctly captioned identifying EWU and the name of the proceeding;

(b) Designate all parties and representatives participating in the proceeding;

(d) A description of the procedural steps taken, including notifications to the parties, interviews with the parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(e) Contain appropriate numbered findings of fact meeting the requirements in RCW 34.05.461;

(f) Contain appropriately numbered conclusions regarding the application of EWU policies and this code to the facts;

(g) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility and any disciplinary sanctions imposed;

(h) Contain a statement describing rights to appeal and the procedures for appealing.

(15) Finality. The council's and CRO's decision becomes final at either the conclusion or the appeal process under this code, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be timely.

(16) Notification to the respondent. The CRO shall serve the respondent with a copy of the decision and notice of the right to appeal.

(17) Notification to the complainant. Where applicable and to the extent permitted by law, simultaneous with notification of the decision to the respondent, the complainant shall be provided with written notice of:

(a) The university's determination as to whether misconduct occurred;

(b) The complainant's right to appeal, if any;

(c) Any change to the results that occurs prior to the time that such results become final and when such results become final (20 U.S.C. 1092(f));

(d) Information regarding the discipline of the respondent will not be released unless:

(i) The information contained in the record directly relates to the complainant, such as a no contact order with the complainant; or

(ii) Any remedies provided to the complainant.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-122, filed 10/28/24, effective 11/28/24
WSR 23-11-109, § 172-121-122, filed 5/19/23, effective 6/19/23
WSR 23-01-027, § 172-121-122, filed 12/9/22, effective 1/9/23
WSR 22-01-090, § 172-121-122, filed 12/12/21, effective 1/12/22
WSR 21-01-102, § 172-121-122, filed 12/11/20, effective 1/11/21
WSR 20-19-046, § 172-121-122, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-122, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-122, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-122, filed 8/9/17, effective 9/9/17.

Wash. Admin. Code § 172-121-130 Appeals.

(1) Basis: Appeals following a conduct review meeting or full hearing may be filed by the respondent under this section. Appeals of interim restrictions are governed by WAC 172-121-140. Appeals may be filed for one or more of the following reasons:

(a) To determine whether the hearing was conducted according to established procedures that affected the outcome of the matter.

(b) The hearing authority misinterpreted the student conduct code.

(c) To determine whether the decision reached by the hearing authority, or the director of SRR's decision to not proceed with a hearing, was based on the information presented and that information was sufficient to reasonably establish that a violation of the conduct code did or did not occur based on a preponderance of the evidence.

(d) To determine whether the sanction(s) imposed were reasonable and appropriate for the associated conduct code violation(s).

(e) To consider newly discovered, material information that was not reasonably available at the time the determination finding responsibility or dismissal was made that could affect the outcome of the matter. It is the party's obligation to present all evidence at the time of the original hearing. EWU is not obligated to grant an appeal and conduct a new hearing when parties do not take reasonable efforts to prepare their cases for the original hearing.

(f) The investigator or hearing authorities had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(2) Filing: Appeals may be filed following a conduct review meeting, full hearing, or dismissal of a complaint, subject to the following provisions:

(a) The appeal must be submitted by 5:00 p.m. PST to the director of student rights and responsibilities or designee within 10 calendar days from service of the council's decision following a full hearing or dismissal of a complaint, or within 21 calendar days from service of a decision from a conduct review meeting conducted by the CRO;

(b) The appeal shall be in writing and shall include:

(i) The student's name;

(ii) The nature of the decision and sanctions reached by the hearing official;

(iii) The basis, as described in subsection (1) of this section, for the appeal; and

(iv) What remedy the student is seeking.

(3) Stay of sanctions: Sanctions go into effect immediately after the hearing decision is issued. If the respondent wishes to have a sanction stayed during the appeal process, a request for a stay must be filed with SRR within five calendar days of the decision. The request for the stay will be reviewed by the CRO or presiding officer who presided over the hearing. The stay may be granted in part or in its entirety, at the discretion of the CRO/presiding officer. The decision will be communicated to the respondent. This decision is not subject to appeal.

(4) Appeal authorities:

(a) For dismissal of a complaint, appeals are determined by the dean of students or designee.

(b) For conduct review meetings, appeals are determined by the dean of students or designee.

(5) Forwarding of appeals: The director of SRR shall forward the appeal to the appropriate appeal authority. The submitted appeal will include, at a minimum, the appellant's written appeal and the written report of the case. The director of SRR may also forward any other written records related to the case.

(6) Review of appeals:

(a) Before rendering a decision, the appeal authority may request additional information or explanation from any of the parties to the proceedings.

(b) Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the conduct review hearing and supporting documents.

(c) In making its decision, the appeal authority will only consider the written record before it in relation to the basis for appeal, the appellant's notice of appeal, where applicable, the other party's response, and other information and/or explanation it has requested from the parties to the proceedings.

(7) Decisions: After reviewing the appeal, the appeal authority may affirm, reverse, modify, or remand the decision(s) of the hearing authority. The appeal decision shall include an explanation of the appeal authority's decision and rationale. The appeal decision must be issued within 30 calendar days of the appeal authority receiving all necessary documentation.

(8) Remanded cases: In cases where the appeal authority remands the decision or sanction(s) of the hearing authority, the case will be returned to the hearing authority for reconsideration or other action as specified by the appeal authority. Following such reconsideration, the hearing authority will return the case to the appeal authority for further review/action. The appeal authority will then complete the appeal process or remand the case again. No appeal may, however, be remanded more than two times. After a case has been remanded twice, the appeal authority must affirm or reverse the decision and affirm, reverse, or modify the sanctions.

(9) Sanctions: The appeal authority may affirm, reverse, remand, or modify the sanctions assigned to the respondent. When determining sanctions, the appeal authority may consider the complete record of the respondent's prior conduct and academic performance in addition to all other information associated with the case.

(10) Notification: Once the appeal authority has made a final decision to affirm or reverse and/or to modify the sanctions assigned, the appeal authority shall forward the decision to the director of SRR. The director of SRR or designee shall serve the respondent, and, where applicable, the complainant, with a brief written statement setting forth the outcome of the appeal. The notification shall also inform the recipient that judicial review of the decision may be available under chapter 34.05 RCW.

(11) Further proceedings. The appeal authority's decision is final and no further appeals may be made under the student conduct code. Judicial review of EWU's decision may be available under chapter 34.05 RCW.

(12) Appeals standards:

(a) Appeal authorities must weigh all pertinent information presented to them in determining whether sufficient evidence exists to support reversal or modification of decisions or sanctions.

(b) For appeals based on a deviation from established procedures, such deviations will not be a basis for sustaining an appeal unless the alleged deviation materially changed the outcome of the case or the sanctions imposed.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-130, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-130, filed 12/9/22, effective 1/9/23
WSR 20-19-046, § 172-121-130, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-130, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-130, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-130, filed 8/9/17, effective 9/9/17
WSR 15-24-050, § 172-121-130, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-130, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-130, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-140 Supportive measures and interim restrictions.

(1) Supportive measures. During the complaint review, the director of SRR or designee, will evaluate the circumstances and determine if any supportive measures to assist or protect the parties during the conduct code process are needed. Supportive measures may be available before or after the filing of a complaint or where no formal complaint is filed. Supportive measures are provided to students free of charge and may include, but are not limited to, safety planning with the university, mutual restrictions on contact between the parties, academic or workplace modifications, providing counseling for the complainant and/or respondent, or campus housing modifications. The purpose of a supportive measure is to provide an equitable process for both students that minimizes the possibility of a hostile environment on campus. Supportive measures are designed to restore or preserve equal access to the university's educational programs or activities without unreasonably burdening either party, including protecting the safety of all parties and the university's educational environment, or deterring harassment.

(2) Interim restrictions. The SRR director or designee may take immediate action(s) against a student or student organization after conducting an individualized safety and risk analysis without prior notice or hearing. Simultaneously, the director shall refer the allegations to the conduct review officer. Interim restrictions are subject to the following:

(a) Interim restriction actions may only be imposed in the following situations:

(i) When a student or student organization poses an immediate threat to:

(A) The physical health or safety of any student or any other individual;

(B) The student's own physical safety and well-being; or

(ii) When it is believed that the student's or student organization's continued attendance or presence may cause disorder, substantially interfere with or impede the lawful activities of others, or imperil the physical or mental health and safety of members of the EWU community.

(b) During the interim restriction period, a student may be restricted by any or all of the following means:

(i) Denial of access including, but not limited to: Assignment to alternate EWU housing or removal from EWU housing, limitation of access to EWU facilities, or restriction of communication with specific individuals or groups;

(ii) Interim suspension, including temporary total removal from EWU or restriction of access to campus;

(iii) Mandatory medical/psychological assessment of the student's capability to remain enrolled at EWU.

(3) The director of SRR or designee will determine what restriction(s) will be placed on a student.

(4) The director of SRR or designee will prepare a brief memorandum for record containing the reasons for the interim restriction. The director will serve the memorandum on the restricted student and notify all other persons or offices bound by it. At a minimum, the memorandum will state:

(a) The alleged act(s) or behavior(s) of the student or student organization which prompted the interim restriction;

(b) How those alleged act(s) or behavior(s) could constitute a violation of the student conduct code;

(d) An explanation of the process for emergency appeal reviews.

(5) Emergency appeal review.

(a) If a student has been suspended on an interim basis, the student will automatically receive an emergency appeal review with the vice president for student affairs, or designee. If the interim restriction is something less than a suspension, the student or student organization subject to the interim restriction must file a written appeal with the vice president for student affairs or designee within five business days after service of the interim restriction. In all cases, the student must submit any information the student wishes the vice president to consider submitted within 10 business days after service of the interim restriction. The appealing party should outline the desired modification(s) to the interim restriction as well as the specific challenge(s) to the interim restriction decision. Challenges to interim restriction decisions are limited to the criteria identified in WAC 172-121-140(1) upon which the interim restriction was imposed (threat to health or safety of the EWU community, potential for creating campus disorder, impeding the lawful activity of others, etc.). Appealing parties are limited to submitting their own written statements. Any other evidence should be submitted to the investigator or provided to the CRO under the regular hearing process.

(b) The vice president for student affairs, or designee, will conduct an emergency appeal review after receiving the respondent's review and complainant's response, if any. Emergency appeal reviews will address only the interim restriction decision of the director and the basis on which the restriction modification or termination is requested by the appealing party. The emergency appeal review does not replace the regular hearing process. In the emergency appeal review, the vice president will only review materials available to and information considered by the director and/or dean of students at the time the interim restriction was imposed, written statements by the appellant, and information that becomes available as a part of EWU's investigation that the vice president deems relevant.

(c) During the emergency appeal review, the vice president for student affairs or designee will review available materials and statements. The vice president for student affairs will issue a written decision upholding, modifying, or terminating the interim restriction action. The written decision shall include a rationale for the basis of the decision and be issued within 15 business days of the date of service of an interim restriction.

(d) The interim restriction does not replace the regular hearing process, which will proceed as quickly as feasible consistent with this chapter.

(e) Duration. An interim restriction will remain in effect until terminated, in writing, by the student disciplinary council, CRO, or the vice president for student affairs.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-140, filed 10/28/24, effective 11/28/24
WSR 24-01-030, § 172-121-140, filed 12/8/23, effective 1/8/24
WSR 21-01-102, § 172-121-140, filed 12/11/20, effective 1/11/21
WSR 20-19-046, § 172-121-140, filed 9/10/20, effective 10/11/20
WSR 20-01-032, § 172-121-140, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-140, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-140, filed 8/9/17, effective 9/9/17
WSR 15-24-050, § 172-121-140, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-140, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-140, filed 5/20/09, effective 6/20/09.

Wash. Admin. Code § 172-121-300 Violations.

EWU prohibits students from engaging in the conduct described in this section, WAC 172-121-301 through 172-121-324, chapters 172-125 and 172-90 WAC, and relevant EWU policies. Clubs, organizations, societies, or similarly organized groups in or recognized by EWU and/or the associated students of Eastern Washington University are also subject to all of these standards. Violations of these rules and policy may subject a student or student group to disciplinary action by EWU. Groups may also be subject to disciplinary action for knowingly failing to exercise preventive measures relative to violations of this code by their members.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-300, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-300, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-301 Acts of academic dishonesty.

Acts violating WAC 172-90-100 are addressed by the academic integrity code, chapter 172-90 WAC, but may also be addressed as violations of this student conduct code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-301, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-302 Abuse, threats, bullying, and harassment.

(1) Abuse. Assault and other forms of physical abuse. Assault is intentionally touching or striking another person in a harmful or offensive way.

(2) Threats. A threat is any conduct and/or speech that, when viewed objectively, threatens bodily harm to another person or that endangers the health or safety of another person. If the threat primarily involves speech, the speaker also must have consciously disregarded a substantial, unjustifiable risk that the communications could be viewed as threatening violence.

(3) Bullying. Bullying is behavior that is:

(a) Intentional;

(b) Targeted at an individual or group; and

(c) Creates an intimidating and/or threatening environment that is so severe or pervasive, and objectively offensive, that it substantially interferes with another's ability to work, study, participate in, or benefit from EWU's programs and activities.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-302, filed 10/28/24, effective 11/28/24
WSR 24-01-030, § 172-121-302, filed 12/8/23, effective 1/8/24
WSR 23-01-027, § 172-121-302, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-305 Retaliation.

Any intimidation, threat, coercion, or discrimination against a person for the purpose of interfering with a person's rights under this code or because a person has made a report, complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under this code is prohibited and is a separate violation of this code. Any actual or threatened retaliation is prohibited and is a separate violation of this code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-305, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-306 Unauthorized use of electronic or other devices.

Making an audio or video recording of any person while on EWU premises without the person's prior knowledge or without their effective consent, when such a recording is of a private conversation or of images taken of a person(s) at a time and place where the person would reasonably expect privacy and where such recordings are likely to cause injury or distress. The act of storing, sharing, publishing, or in any way disseminating such recordings or images through any medium is strictly prohibited. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom, but does not include taking pictures of persons in areas which are considered by the reasonable person to be open to public view.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-306, filed 10/28/24, effective 11/28/24
WSR 23-01-027, § 172-121-306, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-307 Property theft or damage.

Theft of, damage to, or misuse of another person's or entity's property. This also includes any conduct or statement that, when viewed objectively, threatens to damage another's property.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-307, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-308 Weapons.

Possession, carrying, discharge or other use of any weapon is prohibited on property owned or controlled by Eastern Washington University, except as permitted in subsections (1) through (4) of this section. Examples of weapons under this section include, but are not limited to: Explosives, chemical weapons, shotguns, rifles, pistols, air guns, BB guns, pellet guns, longbows, hunting bows, throwing weapons, stun guns, electroshock weapons, and any item that can be used as an object of intimidation and/or threat, such as replica or look-a-like weapons.

(1) Commissioned law enforcement officers may carry weapons, which have been issued by their respective law enforcement agencies, while on campus or other university controlled property, including residence halls. Law enforcement officers must inform the university police of their presence on campus upon arrival.

(2) A person may possess a personal protection spray device, as authorized by RCW 9.91.160, while on property owned or controlled by Eastern Washington University.

(3) A person may bring a weapon onto campus for display or demonstration purposes directly related to a class or other educational activity, provided that they obtain prior authorization from the university police department. The university police department shall review any such request and may establish conditions to the authorization.

(4) Weapons that are owned by the institution for use in organized recreational activities or by special groups, such as EWU ROTC or university-sponsored clubs or teams, must be stored in a location approved by the university police department. These weapons must be checked out by the advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-308, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-310 Failure to comply.

(1) Failure to comply with lawful and/or reasonable directions of university officials, public health officials, or law enforcement officers;

(2) Failure to identify oneself to university officials in their course of duty, refusal or failure to appear before university officials or disciplinary bodies when directed to do so;

(3) Failure to attend any medical treatment or evaluation program when directed to do so by the dean of students or other authorized university official.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-310, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-311 Trespassing/unauthorized use of access devices.

(1) Trespass. Entering or remaining on university property without authorization.

(2) Unauthorized use of keys. Unauthorized possession, duplication, or use of university keys or access cards.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-311, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-312 Deception, forgery, fraud, unauthorized representation.

(1) Knowingly furnishing false information to the university or a university official.

(2) Forgery, alteration, or misuse of documents, records, or instruments of identification. This includes situations of identity theft where a person knowingly uses or transfers another person's identification for any purpose. It also includes situations where a student knowingly obtains, possesses, or uses another person's identification or financial information with the intent to commit a crime.

(3) Forgery, issuing a bad check, or use of another person's access device, such as a debit card, credit card, EBT, or gift card, with intent to defraud.

(4) Unauthorized representation. The unauthorized use of the name of the university or the names of members or organizations in the university community.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-312, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-313 Campus safety.

(1) Intentionally activating a false fire alarm.

(2) Making a bomb threat.

(3) Tampering with fire extinguishers, alarms, or safety equipment.

(4) Tampering with elevator controls and/or equipment.

(5) Failure to evacuate during a fire, fire drill, or false alarm.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-313, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-314 Alcohol, drugs, and controlled substances.

(1) Alcohol and substance violations. Use, possession, distribution, or sale of alcoholic beverages (except as permitted by university policy and state law) is prohibited. Under no circumstances may individuals under the age of 21 consume, possess, distribute, manufacture or sell alcoholic beverages, except as permitted under WAC 172-64-035. Public intoxication is prohibited.

(2) Drugs and paraphernalia.

(a) Use, possession, distribution, manufacture, or sale of illegal drugs, paraphernalia, narcotics or controlled substances, is prohibited.

(b) Consumption, possession, distribution, manufacture, or sale of marijuana or cannabis is prohibited except for reasons permitted under EWU Policy 602-01 (drug and alcohol abuse prevention). Regardless of age, students and their guests are prohibited from consuming or possessing marijuana (including medical marijuana) or cannabis while on university property or while participating in any university-sponsored activity. Cannabidiol (CBD) is permitted if it contains 0.3 percent tetrahydrocannabinol (THC) or less.

(c) Being under the influence of marijuana or cannabis in public is prohibited. Consumption of marijuana or cannabis by any person under the age of 21 is prohibited.

(d) Being under the influence of any illegal substance, other than marijuana, while on property owned or operated by the university, is prohibited. Being under the influence of a controlled substance, except when legally prescribed by a licensed medical practitioner, is also prohibited while on property owned or operated by the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-314, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-315 Hazing.

(1) Hazing: Is any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm to any student at the university.

(2) Examples of hazing include, but are not limited to, causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of the harm identified in subsection (1) of this section, regardless of the person's willingness to participate.

(3) Hazing does not include customary athletic events or other similar contests or competitions.

(4) Students may be held responsible for participating in hazing and/or for conspiring to engage in hazing.

(5) Student organizations, associations, athletic teams, or living groups that knowingly permit hazing to be conducted by its members or by others subject to its direction or control violate this rule.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-315, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-316 Disruptive conduct.

(1) Disruptive conduct. Conduct which unreasonably interferes with any person's ability to work or study, or obstructs university operations or campus activities.

(2) Obstruction. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored or university-supervised events.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-316, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-317 Violations of other laws, regulations, and policies.

(1) Any other local, county, state, or federal law that governs a student's behavior that is not specifically included in this code. The decision-maker determines whether or not the violation has occurred based on a preponderance of the evidence. A criminal conviction is not required.

(2) Any other university policies, regulations, contracts, or handbook provisions that are not specifically included in this code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-317, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-318 Public nuisance.

In furtherance of the university's interest in maintaining positive relationships with its surrounding communities, the university has the authority to hold students accountable under this code for misconduct within the communities adjacent to a university campus. It is a violation of this code to engage in conduct that is in violation of a state statute or municipal ordinance and has a direct quality of life impact on community residents or businesses including, but not limited to, creating a public nuisance due to noise, residential disturbance, intentional destruction of property, urinating in public, or criminal trespass.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-318, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-319 Reckless endangerment.

Engaging in conduct that creates an unreasonable risk of harm to self, another person, or property, regardless of whether or not a person or property is actually harmed. This includes, but is not limited to, operating a motor vehicle or having control over a motor vehicle while under the influence of alcohol, drugs, or both.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-319, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-320 Computer abuses.

Computer abuses include, but are not limited to:

(1) Unauthorized use of university computer resources;

(2) Use of another person's university user name and/or password;

(3) Use of university computing facilities or resources to interfere with the work of another student, instructor, or university employee;

(4) Use of university computing facilities or resources to send intimidating, harassing, or threatening messages;

(5) Use of a computer or software to interfere with normal operations of the university's computing systems;

(6) Use of the university's computing facilities or resources in violation of any law, including copyright laws; and

(7) Any violation of the university's computer use policies.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-320, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-321 Assisting/attempts.

Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-321, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-322 Acts against administration of this code.

(1) Initiation of a complaint or charge knowing that the charge was false or with reckless disregard of its truth.

(2) Interference with or attempt to interfere with the enforcement of this code including, but not limited to, intimidation or bribery of hearing participants, acceptance of bribes, dishonesty, or disruption of proceedings and hearings held under this code.

(3) Knowing violation of the terms of any disciplinary sanction or attached conditions imposed in accordance with this code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-322, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-323 Responsibilities for guests.

A student, student group, or student organization is responsible for the conduct of guests on or in university property and at functions sponsored by the university or sponsored by any recognized university organization.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-323, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-324 Students studying abroad.

Students who participate in any university-sponsored or sanctioned foreign country study program shall observe the following rules and regulations:

(1) The laws of the host country;

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

(3) Any other agreements related to the student's study program in the foreign country; and

(4) The student conduct code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 23-01-027, § 172-121-324, filed 12/9/22, effective 1/9/23.

Wash. Admin. Code § 172-121-400 Sanctions.

If any student or student organization is found to have committed any of the offenses described in WAC 172-121-300 through 172-121-324, one or more of the sanctions described in this section may be imposed against the student or student organization. Imposed sanctions are effective as of the date the CRO or council issues its decision unless the decision specifically identifies an alternative date. Failure to comply with any imposed sanction may result in additional sanctions. In addition to the sanction imposed by this code, if a student is also an employee of EWU, EWU may impose additional discipline in accordance with its policies and procedures pertaining to employees.

(1) Individual student sanctions:

(a) Admonition: An oral statement to a student that they have violated EWU rules and regulations.

(b) Warning: A notice to the student or student organization that they have violated the standards for student conduct and that any repeated or continuing violation of the same standard, within a specified period of time, may result in more severe disciplinary action. A warning may be verbal or written.

(c) Censure: A written reprimand for violation of specified regulations. A censure will also state that more severe disciplinary sanctions may be imposed if the student or student organization is found in violation of any regulation within a stated period of time.

(d) Disciplinary probation: A formal action which places one or more conditions, for a specified period of time, on the student's continued attendance. Disciplinary probation sanctions will be executed in writing and will specify the probationary conditions and the period of the probation. A disciplinary probation notice will also inform the student that any further misconduct will automatically involve consideration of suspension. Probationary conditions may include, but are not limited to:

(i) Restricting the student's EWU-related privileges;

(ii) Limiting the student's participation in extra-curricular activities; and/or

(iii) Enforcing a "no contact" order which would prohibit direct or indirect physical and/or verbal contact with specific individuals or groups.

(e) Restitution: Reimbursement to EWU or others for damage, destruction, or other loss of property suffered as a result of theft or negligence. Restitution also includes reimbursement for medical expenses incurred due to conduct code violations. Restitution may take the form of appropriate service or other compensation. Failure to fulfill restitution requirements will result in cancellation of the student's registration and will prevent the student from future registration until restitution conditions are satisfied.

(f) Fines: The EWU conduct review officer and the student disciplinary council may assess monetary fines up to a maximum of $400 against individual students for violation of EWU rules or regulations or for failure to comply with EWU standards of conduct. Failure to promptly pay such fines will prevent the student from future registration. Failure to pay may also result in additional sanctions.

(g) Discretionary sanctions: Work assignments, service to EWU community or other related discretionary assignments for a specified period of time as directed by the hearing authority.

(h) Loss of financial aid: In accordance with RCW 28B.10.902, a person who participates in the hazing of another forfeits entitlement to state-funded grants, scholarships or awards for a specified period of time determined by EWU.

(i) Assessment: Referral for drug/alcohol or psychological assessment may be required. Results of the assessment may lead to the determination that conditions of treatment and further assessment apply to either continued attendance or return after a period of suspension.

(j) Suspension: Exclusion from classes and other privileges or activities for a specified period of time. Suspensions will be executed through a written order of suspension and will state all restrictions imposed by the suspension, as well as the suspension period and what conditions of readmission, if any, are ordered. Suspensions may be noted on the student's transcript during the period of time the suspension is in effect.

(k) Expulsion: Permanent separation of the student from EWU with no promise (implied or otherwise) that the student may return at any future time. The student will also be barred from EWU premises. Expulsions may be noted on the student's transcript.

(l) Loss of institutional, financial aid funds: Formal withholding of all or a part of institutional funds currently being received by the student or promised for future disbursement to the student for a specified period of time. Loss of financial aid is subject to the processes outlined in this chapter except any such loss must be approved by the dean of students and the vice president for student affairs before such sanction is imposed.

(m) Revocation of degree: A degree awarded by EWU may be revoked for fraud, misrepresentation, or other violation of law or EWU standards. Revocation of a degree is subject to processes outlined in this chapter except that revocation of a degree must also be approved by the EWU president.

(n) Education: Requirement to successfully complete an educational project designed to create an awareness of the respondent's misconduct.

(o) EWU housing restrictions: Separation of the respondent from a residence hall or halls for a definite period of time, after which the respondent may be eligible to return, or permanent restriction. Conditions for readmission may be specified.

(2) Student organizations and/or group sanctions: Any of the above sanctions may be imposed in addition to those listed below:

(a) Probation: Formal action placing conditions on the group's continued recognition by or permission to function at EWU. The probationary conditions will apply for a specified period of time. Violation of the conditions of probation or additional violations while under probation may result in more severe sanctions;

(b) Social probation: Prohibition of the group from sponsoring any organized social activity, party or function, or from obtaining a permission for the use of alcoholic beverages at social functions for a specified period of time;

(c) Restriction: The temporary withdrawal of EWU or ASEWU recognition for a group, club, society or other organization. Restriction is subject to the processes outlined in this chapter except any restriction must also be approved by the dean of students and the vice president of student affairs before such sanction is imposed;

(d) Revocation: The permanent withdrawal of EWU or ASEWU recognition for a group, club, society or other organization. Per RCW 28B.10.902, any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of recognition by EWU;

(e) Additional sanctions: In addition to or separately from the above, any one or a combination of the following may be concurrently imposed on the group:

(i) Exclusion from intramural competition as a group;

(ii) Denial of use of EWU facilities for meetings, events, etc.;

(iii) Restitution; and/or

(iv) Fines.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-22-047, s 172-121-400, filed 10/28/24, effective 11/28/24
WSR 23-01-027, amended and recodified as § 172-121-400, filed 12/9/22, effective 1/9/23
WSR 20-19-046, § 172-121-210, filed 9/10/20, effective 10/11/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-06-021, § 172-121-210, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-210, filed 8/9/17, effective 9/9/17
WSR 15-24-050, § 172-121-210, filed 11/23/15, effective 12/24/15
WSR 13-24-123, § 172-121-210, filed 12/4/13, effective 1/4/14
WSR 09-12-001, § 172-121-210, filed 5/20/09, effective 6/20/09.

Chapter 172-122 General conduct code.

Wash. Admin. Code § 172-122-110 Bomb threats.

Any university employee or student who receives a bomb threat must immediately notify the university police. University employees and students who fail to report bomb threats will be subject to disciplinary action by the university.

Bomb threats against the university will be prosecuted to the full extent of the law.

History

Statutory Authority: RCW 28B.35.120(12). WSR 92-22-001, § 172-122-110, filed 10/21/92, effective 11/21/92.

Wash. Admin. Code § 172-122-120 Weapons.

Violations of this section are subject to appropriate disciplinary or legal action.

(1) Possession, carrying, discharge or other use of any weapon is prohibited on property owned or controlled by Eastern Washington University, except as permitted in subsections (2) through (5) of this section. Examples of weapons under this section include, but are not limited to: Explosives, chemical weapons, shotguns, rifles, pistols, air guns, BB guns, pellet guns, longbows, hunting bows, throwing weapons, stun guns, electroshock weapons, and any item that can be used as an object of intimidation and/or threat, such as replica or look-a-like weapons.

(2) Commissioned law enforcement officers may carry weapons, which have been issued by their respective law enforcement agencies, while on campus or other university controlled property, including residence halls. Law enforcement officers must notify the university police of their presence on campus upon arrival.

(3) A person may possess a personal protection spray device, as authorized by RCW 9.91.160, while on property owned or controlled by Eastern Washington University.

(4) A person may bring a weapon onto campus for display or demonstration purposes directly related to a class or other educational activity, provided that they obtain prior authorization from the university police department. The university police department shall review any such request and may establish conditions to the authorization.

(5) Weapons that are owned by the institution for use in organized recreational activities or by special groups, such as EWU ROTC or university-sponsored clubs or teams, must be stored in a location approved by the university police department. These weapons must be checked out by the advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.

History

Statutory Authority: RCW 28B.35.120(12). WSR 14-24-040, § 172-122-120, filed 11/24/14, effective 12/25/14
WSR 92-22-001, § 172-122-120, filed 10/21/92, effective 11/21/92.

Wash. Admin. Code § 172-122-200 Notice of trespass.

(1) The president of Eastern Washington University, or the president's designee, has the authority to grant, deny, or withdraw permission for people to be on university property. Any individual who is on university property must comply with university rules. Access to university property may be limited to certain times, certain uses, or certain groups of people. People who are on university property or within a university building without permission may be ordered to leave by any university official.

(2) People who remain on university property without permission, who disrupt university activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on campus may be removed from university property and given a trespass notice of up to 72 hours by the president, the president's designee, or a member of the university police department.

(3) In the event a person's conduct continues to threaten the health, safety, or security of anyone on campus, the president or president's designee may trespass the person from university property for up to five years, except expelled students may permanently be trespassed from campus. Any prior license or privilege to be on university property is revoked by the notice of trespass.

(4) A person who is trespassed from university property shall be given a written notice of trespass identifying:

(a) The reason why the person is being trespassed;

(b) The duration and scope of the trespass;

(d) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW. The notice shall be delivered in the manner specified in chapter 9A.52 RCW.

(5) Appeals.

(a) If a current student is trespassed from campus, the initial trespass notice is considered an interim restriction under WAC 172-121-140 and the student will receive an emergency appeal hearing under WAC 172-121-140 with the vice president for student affairs or designee. The authority to bar students from university property in this regulation is separate from and in addition to the authority of the dean of students or vice president for student affairs under the student conduct code, chapter 172-121 WAC. At the conclusion of the entire student conduct process, a student who is expelled may be permanently trespassed from university property in accordance with WAC 172-121-210 (1)(k).

(b) If a current employee is trespassed from a particular portion of campus the employee does not need to access to perform his or her job (e.g., ejected from Roos Field during a football game), the employee can appeal the decision under (c) of this subsection. If an employee is trespassed from all university property because his or her conduct threatens the health, safety, or security of anyone on campus, the employee will be considered to have been placed on paid administrative leave by issuance of the trespass notice and the university will follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate.

(c) All other persons who have been removed or trespassed from university property may appeal the decision by submitting to the president or president's designee, by certified mail, a letter stating the reasons the person should not be barred from university property within 21 days of issuance of the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The president or president's designee shall review all relevant information and issue a written order affirming, modifying, or revoking the trespass order within 20 days after the request for review is received. This decision is the university's final decision.

History

Statutory Authority: RCW 28B.35.120(12). WSR 24-11-108, § 172-122-200, filed 5/17/24, effective 6/17/24. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-06-022, § 172-122-200, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 92-22-001, § 172-122-200, filed 10/21/92, effective 11/21/92.

Wash. Admin. Code § 172-122-210 Restriction of access.

The president of Eastern Washington University shall be authorized to reasonably restrict the access to any portion of real property or any building or facility thereon or attached thereto, owned by the university by designating the person, persons, or class of persons who is privileged to enter on or into or remain on university-owned real property or buildings or facilities thereon or attached thereto. Additionally, the president may prescribe reasonable hours of occupancy and reasonable conduct during occupancy for those persons or class of persons which are privileged to enter on or into or remain in any building or facility owned by Eastern Washington University.

History

Statutory Authority: RCW 28B.35.120(12). WSR 92-22-001, § 172-122-210, filed 10/21/92, effective 11/21/92.

Wash. Admin. Code § 172-122-310 Use of tobacco, electronic cigarettes, and related products.

Eastern Washington University is committed to providing a safe and healthy environment for its employees, students and visitors. In light of the associated health risks, the use of tobacco, electronic cigarettes, and related products in or on university owned or leased property is restricted as described herein.

(1) The use of tobacco, electronic cigarettes, and related products is prohibited:

(a) Within any building, stadium, or vehicle owned or leased by EWU, to include residence halls and university apartments; and

(b) Within twenty-five feet of entrances, exits, windows that open, and ventilation intakes of any building owned, leased, or operated by EWU; and

(c) Anywhere within the boundaries of the Arévalo Student Mall. The Arévalo Student Mall is enclosed by a rectangle surrounded by the southwest elevation of Patterson Hall, the northwest elevation of Tawanka Hall, the northeast elevation of JFK Library and the southeast elevation of the Pence Union Building.

(2) For the purposes of this section, "tobacco, electronic cigarettes, and related products" includes any cigarette, cigar, pipe, bidi, clove cigarette, e-cigarette/cigar/pipe, waterpipe (hookah) and smokeless or spit tobacco, dissolvable tobacco, snuff or snoose.

(3) Distribution or sale of tobacco, electronic cigarettes, or related products in or on EWU owned or leased property is prohibited. Advertising or sponsorship of tobacco, electronic cigarettes or related products is prohibited on EWU property or at University-affiliated events, including the use of brand or corporate names, trademarks, logos, symbols or mottos. EWU will neither solicit nor accept any grant or gift from a manufacturer, distributor or retailer whose principal business is tobacco, electronic cigarettes, or related products.

(4) Any person intentionally violating this section may be subject to a civil fine of up to one hundred dollars. Local law enforcement agencies may enforce this section by issuing a notice of infraction, assessed in the same manner as traffic infractions, as described under chapter 70.160 RCW. Any student, staff or faculty member who violates this section may also be subject to disciplinary action by the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-01-033, § 172-122-310, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-06-023, § 172-122-310, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-08-019, § 172-122-310, filed 3/26/12, effective 4/26/12.

Chapter 172-125 Discrimination and Title IX violations by students.

Wash. Admin. Code § 172-125-010 Commitment to nondiscrimination and standards of conduct for students.

Eastern Washington University (EWU) is committed to equity and justice, and respect for the rights and dignity of all people. EWU is committed to providing a learning, living, and working environment free from discrimination and harassment. To fulfill these commitments, this code prohibits students and student organizations from engaging in discrimination, discriminatory harassment, interpersonal violence, sexual assault, sexual misconduct, or retaliation. This code sets forth the expectations for EWU student and student organization behavior and the process for addressing potential violations of the following standards of conduct. More specifically, students and student organizations are prohibited from engaging in:

(1) Discriminatory conduct. Discriminatory conduct includes discriminatory treatment and discriminatory harassment. For purposes of both of these violations, the term "protected status" includes race, color, creed, religion, national origin, shared ancestry, citizenship or immigration status, sex, pregnancy, sexual orientation, gender identity/expression, genetic information, age, marital status, families with children, protected veteran or military status, HIV or hepatitis C, status as a mother breastfeeding her child, or the presence of any sensory, mental, or physical disability, or the use of a trained guide dog or service animal by a person with a disability.

(a) Discriminatory treatment. Adverse action taken against another individual because of the person's protected status or perception of a person's protected status, excluding protected free speech. Discriminatory treatment includes, but is not limited to, causing physical damage to another person's property because of their protected status or perception of a person's protected status or excluding a person from joining or participating in a student organization because of their protected status or the perception thereof. Individuals and student organizations may be treated differently on the basis of sex only to the extent permitted by Title IX and the Washington Law Against Discrimination.

(b) Discriminatory harassment. Physical or verbal conduct that:

(i) Denigrates or shows hostility toward an individual because of their protected status (as defined above) or perceived protected status;

(ii) Is subjectively and objectively offensive; and

(iii) Is sufficiently severe or pervasive as to unreasonably interfere with an individual's academic or work performance, or ability to participate in or benefit from the university's programs and activities.

(2) Interpersonal violence. Interpersonal violence encompasses domestic violence, dating violence, and stalking. These terms are defined as:

(a) Domestic violence: Any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual relationship, are current or former family members, or adult persons who presently reside together. This includes, but is not limited to, physical abuse, threats of bodily harm or safety, or coercive control. Coercive control is: (i) A pattern of behavior used to cause another to suffer physical, emotional, or psychological harm; (ii) and is intended to or has the effect of unreasonably interfering with a person's free will and personal liberty. Examples of coercive control are identified in RCW 7.105.010(4).

(b) Dating violence: Is domestic violence as defined above except the acts are committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. In determining whether such a relationship exists, the following factors are considered:

(i) The length of time the relationship has existed;

(ii) The type of relationship; and

(iii) The frequency of interaction between the parties involved in the relationship.

(i) Fear for their health and/or safety or the health/safety of others; or

(ii) Suffer substantial emotional distress.

(3) Sexual harassment. Harassment on the basis of a person's sex, sexual orientation, or gender identity/expression that meets one of the following standards:

(a) Hostile environment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is:

(i) Subjectively and objectively offensive; and

(ii) So severe and pervasive that it created a hostile environment by effectively denying a person equal access to the university's programs or activities.

In determining whether conduct is severe and pervasive, the university shall consider all relevant circumstances from both an objective and subjective perspective including, but not limited to: (A) The type of harassment (verbal or physical); (B) the frequency and severity of the conduct; (C) the age, sex, and relationship of the individuals involved; (D) the degree to which the conduct affected the complainant; (E) the setting and context in which the harassment occurred; (F) whether other incidents have occurred at the university; and (G) other relevant factors. These are factors for consideration; each factor does not need to be met for a hostile environment to exist.

(b) Quid pro quo harassment: If a student is working as a university employee or otherwise has the authority to offer benefits or service to students, sexual harassment exists if the respondent explicitly or impliedly conditioned the provision of such benefit or service on the complainant's participation in unwelcome sexual conduct.

(4) Sexual assault. Any sexual act directed against another person, without a person's consent, including instances where a person is not capable of giving consent. Consent means actual words or conduct indicating freely given agreement to the sexual act. Consent cannot be inferred from silence, passivity, or lack of active resistance. There is no consent where there is a threat of force or violence, any form of coercion, or physical or psychological intimidation. Sexual activity is nonconsensual when one person is incapable of consent by reason of mental incapacity, drug/alcohol use, illness, unconsciousness, age, or physical condition. Incapacitation due to drugs or alcohol refers to an individual who is in a state of intoxication such that the individual is incapable of making rational, reasonable decisions because the person lacks the capacity to give knowing consent.

Sexual assault includes:

(a) Rape: The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without a person's consent.

(b) Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the person's consent. Private body parts include, but are not limited to, breasts, genitalia, thighs, and buttocks.

(d) Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.

(e) Statutory rape: Sexual intercourse with a person who is under the age of consent as defined by state law.

(5) Sexual misconduct. Other forms of inappropriate sexual misconduct include indecent liberties; indecent exposure; sexual exhibitionism; prostitution or the solicitation of a prostitute; peeping or other voyeurism; sexual misconduct with a minor; sharing nude images of another without their permission; sextortion; or going beyond the boundaries of consent, such as allowing others to view consensual sex or the nonconsensual recording of sexual activity.

(6) Retaliation. Any intimidation, threat, coercion, or discrimination against a person for the purpose of interfering with a person's rights or privileges under this code, or because a person has reported information, made a complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding, informal resolution, or hearing under this code is prohibited. Any actual or threatened retaliation is prohibited and is a separate violation of this code. If the complainant or respondent engages in retaliatory behavior, the university shall take immediate steps to protect the complainant or respondent from further harassment or retaliation.

Additional standards for student conduct are contained in the student conduct code, chapter 172-121 WAC, and the academic integrity code, chapter 172-90 WAC. Standards for employees are contained in university policy.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-11-046, s 172-125-010, filed 5/18/26, effective 6/18/26
WSR 25-14-092, s 172-125-010, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-010, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-020 Scope and jurisdiction.

EWU shall have jurisdiction over student behavior which occurs on EWU premises or during an EWU-sponsored program or activity. EWU may also exercise jurisdiction over student conduct which occurs at off-campus locations if the behavior adversely affects EWU or an EWU community member. EWU has sole discretion in determining what conduct adversely impacts EWU or an EWU community member.

This code shall apply to conduct without regard to a student's academic status at the time the conduct took place. This includes all periods from the time of application for admission through the actual awarding of a degree, including times between academic periods, breaks in enrollment, or outside of normal business hours. The university may continue a student conduct process even after a student withdraws or graduates. The term "student" is further defined in WAC 172-125-300.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-020, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-020, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-030 Reporting, resources, and supportive measures.

(1) Reporting. Individuals who believe a student or student organization has engaged in discrimination, harassment, sexual assault, sexual misconduct, or retaliation may report such concerns to any of the following offices:

(a) Civil rights office (www.inside.ewu.edu/civilrights);

(b) Title IX coordinator (www.inside.ewu.edu/titleix); or

This code refers to people who were directly negatively impacted by conduct in violation of this code as "complainants" regardless of whether or not they file a formal complaint with EWU.

(2) Initial meeting. After receiving a report, the Title IX coordinator, student accommodations and support services, or their designees will promptly reach out to the complainant, which may or may not be the same as the reporting party, to provide information about EWU's process, their rights, reporting options, resources, and available supportive measures. This will include information about:

(a) Reporting options: EWU encourages people to report incidents of discrimination, discriminatory harassment, interpersonal violence, sexual assault, sexual misconduct or retaliation. Complainants have the choice as to whether or not they would like to file a complaint with EWU and/or law enforcement. People can file a complaint, with the help of the Title IX coordinator upon request, with EWU or with local law enforcement, or both, using one of the following options:

(i) EWU process: Complaints may be filed with the Title IX coordinator. This includes complaints against EWU students, employees, contractors, vendors, volunteers, and visitors.

(ii) Criminal: Criminal complaints can be filed with the EWU police department or any law enforcement agency that has jurisdiction over the location where the incident occurred.

(iii) Both: A complainant may report an incident to both EWU and law enforcement.

(b) Resources: Complainants will be provided with information about university and community resources relevant to the particular concern, including:

(i) A list of resources for obtaining protective, no contact, restraining, or similar orders;

(ii) How to seek medical treatment, the importance of preserving evidence relevant to the alleged conduct or that may be helpful in obtaining a protective order, and procedures to follow to preserve such evidence; and

(iii) A list of existing on and off campus counseling, health care services, mental health services, victim advocacy, financial aid, legal assistance, visa and immigration assistance, and other services for complainants and respondents;

(c) Overview of EWU's discrimination and Title IX processes: Information will also be provided about EWU's process for responding to complaints under this code, including:

(i) Importance of preserving evidence that may assist in investigation of the incident or that may be helpful in obtaining a protection order;

(ii) EWU's policies regarding the confidentiality of complaints;

(iii) How to request supportive measures;

(iv) EWU's investigative and hearing process, including who will receive a copy of the investigative report;

(v) Options for informal resolution; and

(vi) EWU's prohibition against retaliation and how to report retaliation.

(3) Supportive measures. After receiving a report of discrimination, the Title IX coordinator or designee will review the complaint and determine whether or not supportive measures or interim restrictions are needed. Supportive measures are available for all students and employees regardless of whether someone wants to file a complaint. Requests for supportive measures may be directed to student accommodations and support services or the Title IX coordinator. Supportive measures may be in place before a complaint is filed, during the investigation and decision-making process, informal resolution process, and/or after the final determination of responsibility. Supportive measures are also available for both complainants and respondents.

Supportive measures are provided by EWU free of charge and may include, but are not limited to, safety planning with EWU, mutual restrictions on contact between the parties, academic or workplace modifications, leaves of absence, increased security, counseling options on campus, or campus housing modifications. Supportive measures are designed to restore or preserve equal access to EWU's educational programs or activities without unreasonably burdening either party, including protecting the safety of all parties and EWU's educational environment, or deterring sexual misconduct or discrimination. Supportive measures may be provided for a specific period of time or throughout the remainder of a student's time at EWU.

If a complainant or respondent disagrees with the supportive measures determination, they may file a written appeal with the dean of students within 10 calendar days of the determination by emailing dos@ewu.edu. The dean of students, or designee, may affirm, modify, or reverse the supportive measures determination. Such decision shall be served on the appealing party in writing. If a student's circumstances change materially, they may request new or additional supportive measures.

Supportive measures are confidential and will only be shared with those people who need to know such information to enable EWU to provide the supportive measures. The Title IX coordinator or designee is responsible for coordinating the effective implementation of supportive measures. All supportive measures should be documented and retained for seven years.

(4) Confidentiality. Information gathered during an investigation and adjudication of a complaint under this code will be maintained in a confidential manner to the extent permitted by law. During an investigation, complaint information will be disseminated only on a need-to-know basis. If the complainant wishes to remain anonymous, the university will take all reasonable steps to investigate the allegation without disclosing the name of the complainant to the extent allowed by state and federal law. If the complainant wishes to remain anonymous, the university shall inform them that its ability to investigate and respond to the allegation will be limited. The university cannot ensure confidentiality, as its legal obligations under federal or state law may require investigation of the allegation and possible disclosure of the complainant's name. Reports of crime to the campus community, timely warnings, and EWU's annual security report shall not include the names of the complainants or victims. Files subject to public disclosure will be released to the extent required by law.

The university will not require a complainant or respondent to abide by a nondisclosure agreement that would prevent the redisclosure of information related to an investigation or disciplinary action under this policy.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-030, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-030, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-040 Complaints.

(1) Filing of complaints.

(a) Who can file a complaint. Complaints can be filed by anyone who has been directly impacted by conduct that violates this code. The Title IX coordinator can also file a complaint against a student or student organization on behalf of the university. If a complaint is filed by the Title IX coordinator, the Title IX coordinator will not be considered a complainant for the purposes of participating in the investigation and hearing process.

(b) How to file a complaint. To initiate a complaint, a person must submit a request for the university to investigate their concerns either verbally or in writing to the Title IX coordinator or designee. Complaints must be filed in good faith. Formal Title IX complaints must be made in writing.

(c) Other complaint options. Filing a complaint under this code does not prohibit or limit a person's right to file complaints or charges with other civil and/or criminal authorities for violations of local, county, state, or federal law.

(d) Student conduct code violations. All complaints against students that do not fall within the scope of this code will be forwarded to student rights and responsibilities for further review and action under the student conduct code, chapter 172-121 WAC.

(2) Complaint review and dismissal/referral. Upon receipt of a complaint, the Title IX coordinator shall review the complaint to determine whether it includes allegations of violations of this code and to determine which process applies within 14 calendar days of receiving such complaint. This time may be extended if the Title IX coordinator needs additional information to make such determination or if there is an active criminal investigation. If a complaint falls within the scope of this code, it shall be addressed in accordance with the procedures below and the Title IX coordinator shall determine whether or not the Level One Process, Level Two Process, or Level Three Process applies. If the complainant or respondent has requested informal resolution, the Title IX coordinator will determine whether or not informal resolution is appropriate and, if so, refer the matter to the person designated to handle informal resolutions. If the complaint falls outside of the scope of this code, it shall be referred to the office of student rights and responsibilities for review under the student conduct code, chapter 172-121 WAC.

Additionally, even if a complaint falls within the scope of this code, the Title IX coordinator may dismiss the complaint if:

(a) EWU is unable to identify the respondent after taking reasonable steps to do so;

(b) The respondent is not a student or student organization. Complaints against university employees, volunteers, contractors, and program participants are handled under EWU policy and are outside of the scope of this code;

(c) The complainant voluntarily withdraws any or all of the allegations in the complaint in writing, the Title IX coordinator declines to initiate a complaint on behalf of the university, and, without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not meet the definition of discrimination, discriminatory harassment, sexual assault, sexual misconduct, interpersonal violence, or retaliation under this code even if proven; or

(d) The conduct alleged in the complaint, even if substantiated by a preponderance of the evidence, would not constitute a violation of this code. Prior to making this determination, the Title IX coordinator or investigator must make reasonable efforts to clarify the allegations with the complainant.

If the complaint falls within the definition of a formal Title IX complaint, a written complaint must be received from either the complainant or the Title IX coordinator requesting initiation of the investigative process, or the complaint will be dismissed. The alleged conduct may be addressed using a different process, but not using the Level Three Process.

The Title IX coordinator will inform the complainant in writing of the reason for dismissing the complaint. If the respondent has already received a notice of investigation, the respondent will also be simultaneously served with notice of the dismissal and the reasons for the dismissal.

Even if a complaint is dismissed, the complainant will be offered supportive measures. If the respondent has already been notified, the respondent will also be offered supportive measures. The Title IX coordinator will also take other appropriate prompt and effective steps to ensure that discrimination does not continue or recur within EWU programs or activities.

The Title IX coordinator may consolidate complaints under this code when the allegations of discrimination, harassment, interpersonal violence, sexual assault, sexual misconduct, or retaliation arise out of the same facts or circumstances. When more than one complaint is involved, all references to the "complainant" throughout this code include all individuals who have filed a complaint against the respondent that are consolidated into one investigation.

(3) Informal resolution. If a complainant and respondent are both interested in informal resolution and the Title IX coordinator determines informal resolution is appropriate, EWU will follow the process identified in WAC 172-125-200.

(4) Appeal of dismissal. If the complainant or respondent disagrees with the Title IX coordinator's decision to dismiss a complaint, the party may file an appeal with the dean of students within three calendar days of the Title IX coordinator's decision by emailing such appeal to dos@ewu.edu. Appeals may be filed for one or more of the following reasons:

(a) Procedural irregularity that would change the outcome of the Title IX coordinator's decision;

(b) New evidence that would change the Title IX coordinator's decision that was not reasonably available when the dismissal was made; or

(c) The Title IX coordinator or designee had a conflict of interest or bias for or against complainants or respondents generally or the individual parties that would change the outcome.

If the respondent has not been notified of the complaint prior to the dismissal, the respondent will not be notified of the dismissal or appeal. If the respondent has been notified of the complaint, the respondent will also be provided with notice of the dismissal and given the same opportunity to appeal the determination. They will also receive notice if the complainant appeals. If one party appeals and the other party is entitled to notice, the other party will be given notice of the appeal and three calendar days to provide a response to the appeal. The dean of students or designee can affirm, reverse, or remand the Title IX coordinator's decision and such decision must be served in writing simultaneously to the parties who participated in the appeal.

(5) Interim restrictions. The Title IX coordinator or designee will also determine whether or not interim restrictions are needed after conducting an individualized safety and risk determination in conjunction with other EWU officials. Interim restrictions must be in place in situations where there is cause to believe that a student or a student organization poses an imminent and serious threat to the health or safety of any student or other individual arising from the alleged misconduct, including themselves. After interim restrictions are imposed, the complaint will be referred for investigation under this code.

(a) Interim restrictions may include, but are not limited to:

(i) Denial of access to certain areas, assignment to alternate university housing or removal from university housing, limitation of access to university facilities, limitations on engaging in certain activities, or restriction of communication with specific individuals or groups;

(ii) Interim suspension, including temporary total removal from the university or restriction of access to campus;

(iii) Mandatory medical/psychological assessment of the student's capability to remain in the university; or

(iv) Administrative leave for student employees.

(b) The Title IX coordinator or investigator will issue a notice identifying the interim restrictions that will be served on the restricted student. At minimum, the notice will include:

(i) The alleged act(s) or behavior(s) of the student or student organization which prompted the interim restriction;

(ii) How those alleged act(s) or behavior(s) could constitute a violation of this code;

(iii) How the circumstances of the case necessitated the interim restriction action(s); and

(iv) An explanation of the process for emergency appeal reviews.

(c) The complainant will also be provided with notice of any interim restrictions that relate directly to the complainant. If the respondent appeals such interim restrictions, the complainant will be given notice of the respondent's appeal and an opportunity to submit a statement within five calendar days of the notice as to why the interim restriction should or should not be modified.

(d) Emergency appeal review.

(i) If a student has been suspended on an interim basis, the student will automatically receive an emergency appeal review with the vice president for student affairs, or designee. If the interim restriction is something less than a suspension, the student or student organization subject to the interim restriction must file a written appeal with the vice president for student affairs within five calendar days after service of the interim restriction. In all cases, the student must submit any information the student wishes the vice president to consider within five calendar days after service of the interim restriction. The appealing party should outline the desired modification(s) to the interim restriction as well as the specific challenge(s) to the interim restriction decision. Challenges to interim restriction decisions are limited to whether or not there is adequate cause to believe a student or a student organization poses an imminent and serious threat to the health or safety or any student or other individual. Appealing parties are limited to submitting their own written statements. Any other evidence should be submitted to the investigator during the investigative process.

(ii) The vice president for student affairs, or designee, will conduct an emergency appeal review after receiving the respondent's review and complainant's response, if any. Emergency appeal reviews will address only the interim restriction decision of the Title IX coordinator and the basis on which the restriction modification or termination is requested by the appealing party. The emergency appeal review does not replace the regular investigative process. In the emergency appeal review, the vice president will only review materials available to and information considered by the Title IX coordinator at the time the interim restriction was imposed, written statements by the two parties, and information that becomes available as a part of the university's investigation that the vice president deems relevant.

(iii) During the emergency appeal review, the vice president for student affairs will review available materials and statements. The vice president for student affairs will issue a written decision upholding, modifying, or terminating the interim restriction decision. The written decision shall include a rationale for the basis of the decision and be served within 14 calendar days of the date all appeal materials were submitted.

(iv) The interim restriction does not replace the regular investigative process, which will proceed as quickly as feasible consistent with this code.

(e) Duration. An interim restriction will remain in effect until terminated, in writing, by a decision-maker following the Level One, Level Two, or Level Three processes outlined in this code or following a timely appeal of the restriction.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-040, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-040, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-200 Informal resolution.

(1) Referral. The Title IX coordinator or investigator may refer any report or complaint to the informal resolution process. It is not necessary that a formal complaint be filed for a report to be referred to this process, unless the complaint meets the definition of a formal Title IX complaint. A report/complaint may be referred to the informal resolution process at any time prior to the completion of an investigation. The Title IX coordinator may determine informal resolution is not appropriate, even if requested by both parties, if the alleged conduct could present a future risk of harm to others. Informal resolution is not available for complaints of sexual harassment committed by an employee against a student.

(2) Voluntary participation. Informal resolution processes may include a variety of voluntary processes that are structured to facilitate dialogue between impacted parties while balancing support and accountability. The various types of informal resolution options available at EWU and procedures for resolution are available on the EWU Title IX website. In all cases, the impacted parties must agree in writing to participate in the informal process and EWU will not require or pressure a party to participate in the informal process. A party is not required to waive the right to an investigation and/or hearing to participate in this process.

(3) Informal resolution officer. Informal resolutions will be handled by an EWU employee who is trained to facilitate such processes. In no case will the informal resolution officer be the same person as the investigator or any EWU employee who will make a decision regarding the complaint if informal resolution is not successful. The informal resolution officer must also not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

(4) Written information about the process. Before beginning the informal resolution process, EWU will provide both parties with the following information in writing:

(a) Summary of the alleged conduct;

(b) The requirements of the informal resolution process;

(c) Notice that, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume the investigative process;

(d) That the parties' agreement to a resolution at the conclusion of the informal resolution process will preclude the parties from initiating or resuming a formal complaint process arising from the same allegations;

(e) The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and

(f) What information EWU will maintain and whether and how EWU might use such information if the formal complaint process is initiated or resumed.

(5) Options for resolution. Potential terms that may be included in an informal resolution agreement include, but are not limited to:

(a) Restrictions on contact;

(b) Restrictions on the respondent's participation in university programs or activities or attendance at specific events;

(d) Any other terms the parties agree upon that the informal resolution officer deems appropriate.

(6) Written agreement. Any informal resolution agreement must be in writing and signed by the parties and the informal resolution officer. In the agreement, the parties must be advised in writing that:

(a) The agreement is final, and they are waiving any right to a formal complaint process, including any right to appeal; and

(b) If a student does not successfully complete all aspects of an agreement, they may be charged with failure to comply under the student conduct code, chapter 172-121 WAC, and/or any possible violation of this code for the conduct that was the basis for the informal resolution.

(7) Referral back to the formal complaint process. If any party decides to leave the informal resolution process or the informal resolution officer determines the process is no longer appropriate, then the matter shall be referred back to the Title IX coordinator to determine the next steps under this code.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-200, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-200, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-210 Level one process.

(1) Applicability. The Level One Process applies to all violations of this code that do not involve felony-level crimes, would not result in the suspension or expulsion of a student, or fall within the definition of a formal Title IX complaint. If the alleged misconduct could constitute a felony-level crime or result in a student's suspension or expulsion, it must be referred to the Level Two Process outlined in WAC 172-125-220. If the alleged misconduct fits within the definition of a formal Title IX complaint, it must be referred to the Level Three Process outlined in WAC 172-125-225. The Level One Process is considered a brief adjudicative proceeding pursuant to RCW 34.05.482.

If the alleged conduct could constitute a violation of this code and the student conduct code, chapter 172-121 WAC, and the alleged violations arise out of the same facts or circumstances, the Level One Process outlined in this code may be used to determine violations of this code and the student conduct code in lieu of having two separate proceedings. The investigator will determine whether or not to include violations of either code as documented in the notice of investigation and allegations.

(2) Notice of investigation and allegations. If the Title IX coordinator refers a complaint to investigation, the Title IX coordinator will assign an investigator to conduct an investigation. The investigator will serve the respondent and complainant with a notice of investigation and allegations that meets the following requirements:

(a) Is made in writing;

(d) Parties' rights during the process, including:

(i) Right to a fair and equitable process.

(ii) Right to have investigators and decision-makers that do not have a conflict of interest or bias against the parties.

(iii) Right to remain silent during the investigation.

(iv) Right to have an advisor of their choice, at their cost, during the process. The advisor may be, but is not required to be, an attorney. During the investigative process, the advisor may be present and advise the party, but may not answer questions on the party's behalf.

(v) Right to provide evidence to the investigator.

(vi) Right to be presumed not responsible and that a conclusion of responsibility is not made until the conclusion of the investigative process.

(vii) Right to request an accommodation or interpreter for the process.

(e) Information about the investigative process and, if applicable, informal resolution;

(f) A statement that complainants, respondents, and witnesses are prohibited from knowingly making false statements or furnishing false information during the process. A person will not be disciplined for making a false statement based solely on whether or not EWU determines a complaint under this code is substantiated.

(g) EWU's prohibition on retaliation and how to report acts of retaliation;

(h) Information about how the parties will be provided an equal opportunity to access relevant information gathered during the investigation; and

(i) Information about supportive measures and resources available to both parties.

(3) Investigative process. During the investigation, the investigator is responsible for gathering sufficient evidence to determine whether or not this code has been violated. The investigator has discretion in determining the formality, scope, and process of the investigation. If additional allegations are discovered during the course of the investigation, the investigator shall issue an updated notice of investigation. Before scheduling an interview with a complainant or respondent, the investigator must provide the party with written notice of the date, time, location, participants, and purpose of the meeting with sufficient time for the party to prepare. The investigative process must include:

(a) Contacting the complainant to review the complaint, gather more information, and to identify relevant witnesses and relevant evidence (emails, social media posts, photos, etc.). If necessary, the investigator may contact the complainant on more than one occasion during the course of the investigation to obtain additional information and clarification. If the investigator is not able to obtain sufficient information or if the complainant withdraws the complaint during the investigative process, the investigator may refer the complaint back to the Title IX coordinator to determine whether or not dismissal is appropriate.

(b) Contacting the respondent to review the complaint, gather more information, and to identify relevant witnesses and relevant evidence (emails, social media posts, photos, etc.).

(c) Conducting interviews with witnesses who have knowledge of the alleged behavior and gathering relevant evidence. Witnesses may be contacted once or numerous times as necessary to gather the relevant information.

(d) Parties may identify fact witnesses, expert witnesses, and other inculpatory and exculpatory evidence. If a party wishes to provide information from an expert witness, the party is responsible for any costs associated with the expert witness.

(e) The investigator must have the ability to question parties and witnesses to assess their credibility to the extent credibility is both in dispute and relevant. The investigator may ask questions during individual meetings with a party or witness.

(f) The investigator may choose to place less or no weight upon statements by a party or witness who refuses to respond to the investigator's questions. The investigator, however, must not draw an inference about whether or not this code was violated based solely on a party's or witness's refusal to respond to the investigator's questions.

(g) After gathering the relevant evidence, the investigator must provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is relevant to the allegations raised in the complaint and not otherwise impermissible.

(h) The investigation shall not include evidence nor shall any information provided be disclosed to another person if such information:

(i) Is evidence protected under a legal privilege recognized by federal or state law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

(ii) Records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless EWU obtains that party's or witness's voluntary, written consent for use of the information in the investigation;

(iii) Information about the complainant's sexual predisposition or prior sexual behavior, unless the evidence is relevant to demonstrate that someone other than the respondent committed the conduct alleged by the complainant, or the evidence concerns specific incidents of the complainant's prior sexual behavior with respect to the respondent and is relevant to the question of consent. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent in the incident under investigation.

(4) Investigative report and determinations of responsibility.

(a) After gathering the relevant evidence, the investigator must objectively evaluate the information gathered and determine the credibility of the parties. Credibility determinations must not be based on a person's status as a complainant, respondent, or witness. The investigator will prepare an investigative report that accurately summarizes the information gathered and makes determinations on whether or not this code or the student conduct code has been violated based on a preponderance of the evidence, meaning it is more probable than not that an act occurred.

(b) If the investigator determines the respondent has not violated this code or any provision of the student conduct code, the investigator will simultaneously serve the investigative report on the complainant and respondent along with information about how to appeal the investigator's decision.

(c) If the investigator determines the respondent has violated this code or any provision of the student conduct code, the investigator will send the investigative report to the director of student rights and responsibilities. The director or director's designee will then determine the appropriate sanction for the misconduct substantiated by the investigator within seven calendar days of receiving the investigative report. The director will also determine whether or not remedies for the complainant or other impacted students are appropriate. Remedies must be provided to the complainant or other impacted students if needed to restore or preserve equal access to the university's educational programs or activities. The director or designee will add an additional section to the investigative report setting forth their decision as to the appropriate sanction and the reasons for their decision. The director or designee will then simultaneously serve the full investigative report and sanctioning decision on the complainant and respondent along with information about how to appeal the investigator and director's decisions. In addition to sanctions under this code, if the student is also an employee of the university, the director's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with the university policy.

(5) Timelines and extensions. EWU must respond to complaints under this code in a prompt and equitable manner. To assist EWU in reaching this goal, this code includes various timelines. EWU's goal is to complete investigations within 90 days. If EWU needs additional time, the investigator must provide written notice to the complainant and respondent of the delay and reasons for the delay. Delays and extensions beyond 90 days must be based on good cause.

(6) Appeals.

(a) Timeline. Either party may file an appeal from the investigator's decision regarding responsibility or the director's decision regarding the sanction. Appeals must be submitted in writing by 5:00 p.m. PST within 21 calendar days from the date the investigative report is sent to the parties. Appeals must be submitted via email to srr@ewu.edu. The appeal must include the party's name and why they believe the investigator or director's decision was incorrect based on the bases for appeal outlined below. If no appeal is timely filed, the investigator/director's decisions are final.

(b) Basis for appeal. Appeals may be filed for one or more of the following reasons:

(i) Procedural irregularity that would change the outcome of the investigator or director's decisions;

(ii) New evidence that would change the investigator's decision that was not reasonably available when the investigative report was finalized; or

(iii) The investigator or director had a conflict of interest or bias for or against complainants or respondents generally or the individual parties that would change the outcome of the investigation.

(c) Once an appeal is filed, the office of student rights and responsibilities will serve the other party with a copy of the appeal. The other party will be given five calendar days to provide a written response to the appeal.

(d) Stay of sanctions. Sanctions go into effect immediately after the director's decision is issued. If the respondent wishes to have a sanction stayed during the appeal process, a request for a stay must be filed along with the notice of appeal. The request for the stay will be reviewed by the director or designee. The stay may be granted in part or in its entirety, at the discretion of the director. The decision will be served on the respondent and the complainant. This decision is not subject to appeal.

(e) Appeals will be determined by the dean of students or designee. The director will provide the appeal authority with the notice of appeal, any responses to the appeal, and the investigative report. Before rendering a decision, the appeal authority may request additional information or explanation from the parties. However, except as required to explain the basis of new information, an appeal shall be limited to a review of the investigative report.

(f) After reviewing the appeal, the appeal authority may affirm, reverse, modify, or remand the decision(s) of the investigator and/or director. The appeal decision shall include an explanation of the appeal authority's decision and rationale. The appeal decision must be served on the complainant and respondent within 30 calendar days of the appeal authority receiving all necessary documentation. In cases where the appeal authority remands the decision or sanction, the case will be returned to either the investigator or director for reconsideration or other action as specified by the appeal authority. With respect to sanctions, the appeal authority may affirm, reverse, remand, or modify the sanctions assigned to the respondent. When determining sanctions, the appeal authority may consider the complete record of the respondent's prior conduct and academic performance in addition to all other information associated with the case.

(g) Notification. Once the appeal authority has made a final decision to affirm or reverse and/or to modify the sanctions assigned, the appeal authority shall draft a brief written statement setting forth the outcome of the appeal and the basis for their decision. This is then forwarded to the director. The director shall serve the written statement on the complainant and respondent. The notice will also inform the parties that the appeal authority's decision is final and no further appeals may be made within the university. Judicial review of the university's decision may be available under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-210, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-210, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-220 Level two process.

(1) Applicability. The Level Two Process applies to all violations of this code that involve felony-level crimes or that may result in the suspension or expulsion of a student, but that do not fall within the definition of a formal Title IX complaint. If any of the alleged misconduct could constitute a felony-level crime or result in a student's suspension or expulsion, it must be referred to the Level Two Process outlined in this section. The Level Two Process is considered a full adjudicative proceeding pursuant to chapter 34.05 RCW. Alleged misconduct that fits within the definition of a formal Title IX complaint must be referred to the Level Three Process outlined in WAC 172-125-225.

If the alleged conduct could constitute a violation of this code and a violation of the student conduct code, chapter 172-121 WAC, and the alleged violations arise out of the same facts or circumstances, the Level Two Process outlined in this code may be used to determine violations of this code and the student conduct code in lieu of having two separate proceedings. The investigator will determine whether or not to include violations of either code as documented in the notice of investigation and allegations.

(2) Notice of investigation and allegations. If the Title IX coordinator refers a complaint to investigation under the Level Two Process, the Title IX coordinator will assign an investigator to conduct an investigation. The investigator will serve the respondent and complainant with a notice of investigation and allegations that meets the following requirements:

(a) Is made in writing;

(d) Parties' rights during the process, including:

(i) Right to a fair and equitable process.

(ii) Right to have investigators and decision-makers that do not have a conflict of interest or bias against the parties.

(iii) Right to remain silent during the investigation.

(v) Right to provide evidence to the investigator.

(vi) Right to be presumed not responsible and that a conclusion of responsibility is not made until the conclusion of the investigative process.

(vii) Right to request an accommodation or interpreter for the process.

(e) Information about the investigative process and, if applicable, informal resolution;

(g) EWU's prohibition on retaliation and how to report acts of retaliation;

(h) Information about how the parties will be provided an equal opportunity to access relevant information gathered during the investigation; and

(i) Information about supportive measures and resources available to both parties.

(a) Contacting the complainant to review the complaint, gather more information, and identify relevant witnesses and relevant evidence (emails, social media posts, photos, etc.). If necessary, the investigator may contact the complainant on more than one occasion during the course of the investigation to obtain additional information and clarification. If the investigator is not able to obtain sufficient information or if the complainant withdraws in writing the complaint during the investigative process, the investigator may refer the complaint back to the Title IX coordinator to determine whether or not dismissal is appropriate. Any withdrawal must be in writing.

(b) Contacting the respondent to review the complaint, gather more information, and to identify relevant witnesses and relevant evidence (emails, social media posts, photos, etc.).

(c) Conducting interviews with witnesses who have knowledge of the alleged behavior and gathering relevant evidence. Parties and witnesses may be contacted once or numerous times as necessary to gather the relevant information.

(d) Parties may present fact witnesses, expert witnesses, and other inculpatory and exculpatory evidence. If a party wishes to present information from an expert witness, the party is responsible for any costs associated with the expert witness.

(h) The investigation shall not include evidence nor shall any information provided be disclosed to another person if such information:

(4) Investigative report and determinations of responsibility.

(b) If the investigator determines the respondent has not violated this code or any provision of the student conduct code, the investigator will simultaneously serve the complainant and respondent with the investigative report along with information about how to appeal the investigator's decision.

(c) If the investigator determines the respondent has violated this code or any provision of the student conduct code, the investigator will send the investigative report to student rights and responsibilities. The director or director's designee will then determine the appropriate sanction for the misconduct substantiated by the investigator within seven calendar days of receiving the investigative report. The director will also determine whether or not remedies for the complainant or other impacted students are appropriate. Remedies must be provided to the complainant or other impacted students if needed to restore or preserve equal access to the university's educational programs or activities. The director or designee will add an additional section to the investigative report setting forth their decision as to the appropriate sanction and the reasons for their decision. The director or designee will then simultaneously serve the complainant and respondent with the full investigative report and sanctioning decision, along with information about how to appeal the investigator and director's decisions. In addition to sanctions under this code, if the student is also an employee of the university, the director's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with university policy.

(5) Timelines and extensions. EWU must respond to complaints under this code in a prompt and equitable manner. To assist EWU in reaching this goal, this code includes various timelines. EWU's goal is to have investigations completed within 90 days. If the university needs additional time, the investigator must provide written notice to the complainant and respondent of the delay and reasons for the delay. Delays and extensions beyond 90 days must be based on good cause.

(6) Initial appeal to student disciplinary council. If either party disagrees with the decision of the investigator or director, they may request a full de novo hearing by filing a request for hearing with the office of student rights and responsibilities. The request for hearing must be sent in writing to srr@ewu.edu by 5:00 p.m. PST within 21 calendar days from the date the investigative report is sent to the parties. If a timely request for hearing is received, the director will refer the case to a full hearing before the student disciplinary council under WAC 172-125-230.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-220, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-220, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-225 Level three process.

(1) Applicability. The Level Three Process applies to any complaint that meets the definition of a formal Title IX complaint. The Level Three Process is considered a full adjudicative proceeding pursuant to chapter 34.05 RCW.

If the alleged conduct could also constitute another violation of this code or the student conduct code, chapter 172-121 WAC, and the alleged violations arise out of the same facts or circumstances, the Level Three Process outlined in this code may be used to determine Title IX violations, other violations of this code and the student conduct code in lieu of having separate proceedings. The investigator will determine whether or not to include violations of either code as documented in the notice of investigation and allegations.

(2) Notice of investigation and allegations. If the Title IX coordinator refers a complaint to investigation under the Level Three Process, the Title IX coordinator will assign an investigator to conduct an investigation. The investigator will serve the respondent and complainant with a notice of investigation and allegations that meets the following requirements:

(a) Is made in writing;

(d) Parties' rights during the process, including:

(i) Right to a fair and equitable process.

(ii) Right to have investigators and decision-makers that do not have a conflict of interest or bias against the parties.

(iii) Right to remain silent during the investigation.

(iv) Right to have an advisor of their choice during the process. The advisor may be, but is not required to be, an attorney. During the investigative process, the advisor may be present and advise the party, but may not answer questions on the party's behalf. The university will provide an advisor to a party that does not have one for the purpose of conducting cross-examination during a hearing.

(v) Right to provide evidence to the investigator.

(vi) Right to be presumed not responsible and that a conclusion of responsibility is not made until the conclusion of the investigative process.

(vii) Right to request an accommodation or interpreter for the process.

(e) Information about the investigative process and, if applicable, informal resolution;

(g) EWU's prohibition on retaliation and how to report acts of retaliation;

(h) Information about how the parties will be provided an equal opportunity to access relevant information gathered during the investigation; and

(i) Information about supportive measures and resources available to both parties.

(b) Contacting the respondent to review the complaint, gather more information, and to identify relevant witnesses and relevant evidence (emails, social media posts, photos, etc.).

(g) The investigation shall not include evidence nor shall any information provided be disclosed to another person if such information:

(4) Investigative report.

(a) After gathering the relevant evidence, the investigator will send to each party the evidence obtained during the investigation that is directly related to the allegations raised, including the evidence upon which the university does not intend to rely in reaching a determination regarding responsibility and inculpatory and exculpatory evidence. Each party will then have at least 10 calendar days to submit a written response for a Title IX complaint. The investigator will consider the written response prior to the completion of the investigative report.

(b) At the conclusion of the investigation, the investigator will prepare a final written report that fairly summarizes the relevant evidence and evaluates the credibility of the parties. Credibility determinations must not be based on a person's status as a complainant, respondent, or witness. The investigator will prepare an investigative report that accurately summarizes the information gathered and provides a recommendation to the student disciplinary council as to whether or not this code or the student conduct code has been violated based on a preponderance of the evidence.

(c) The investigative report, along with any evidence collected during the investigation, shall then be transmitted to the director of SRR at least 10 days prior to any hearing. The investigator will also provide a copy of the report to the parties for their review and written response. The director of SRR will then convene the student disciplinary council for a hearing in accordance with WAC 172-125-230 and assign the parties university provided advisors for purposes of the hearing if they do not already have an advisor.

(5) Timelines and extensions. EWU must respond to complaints under this code in a prompt and equitable manner. To assist EWU in reaching this goal, this code includes various timelines. EWU's goal is to have investigations completed within 90 days. If the university needs additional time, the investigator must provide written notice to the complainant and respondent of the delay and reasons for the delay. Delays and extensions beyond 90 days must be based on good cause.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-225, filed 7/1/25, effective 8/1/25.

Wash. Admin. Code § 172-125-230 Full hearings before the student disciplinary council.

(1) Appointment of council. When a student disciplinary council is needed for a full hearing following a request for a full hearing under the Level Two Process or in all cases involving a Level Three Process, the Title IX coordinator or dean of students shall appoint a presiding officer and members to serve on the council consistent with the procedures for appointing a council under the student conduct code, chapter 172-121 WAC. Full hearings are determined by a majority vote of the council and are conducted de novo.

(2) Prehearing. Following receipt of a timely request for a full hearing, the director or designee will notify both parties of the date, time, and location of the prehearing. The purpose of the prehearing is to explain the hearing procedures to the parties, schedule a date for the full hearing, and to address any preliminary matters or motions. A full hearing must be scheduled within 30 calendar days of the date of the request for a hearing from a party, absent good cause for an extension.

(3) Notice of hearing. Following the prehearing conference, the director shall schedule the hearing and serve the respondent and complainant with notice of the date, time, location, participants, and purpose of the hearing. At the discretion of the presiding officer, and where the rights of the parties will not be prejudiced thereby, all or part of any hearing may be conducted by electronic means. Each party in the hearing must have an opportunity to participate effectively in the hearing. This may include remote participation via audiovisual means. The notices will include information about how to request accommodations or interpreters for any parties or witnesses. Any request for the presence of an emotional support animal or any other accommodation must be directed to student accommodation and support services and approved as a reasonable accommodation in advance of the hearing. A person may bring a certified therapy animal with a handler to a hearing. The notice of hearing must be served on the respondent and complainant at least seven calendar days prior to the hearing. The director may coordinate with the parties to facilitate scheduling, but is not required to do so.

(4) General hearing procedures.

(a) Hearing authority. The presiding officer exercises control over hearing proceedings. All procedural questions are subject to the final decision of the presiding officer. The presiding officer chairs the disciplinary council.

(b) Closed hearings. All conduct review hearings will be closed. Admission of any person to a conduct review hearing shall be at the discretion of the presiding officer.

(i) Failure to appear. In cases where proper notice has been given but the respondent fails to attend the hearing, the council shall decide the case based on the information available, without the respondent's input. The council may not make an inference about the determination regarding responsibility based solely on a party's or witness's failure to appear at the hearing. However, nonappearance by a party may impact the evidence available for the council to make a decision.

(ii) Options for appearing. The parties will be provided options for reasonable alternative arrangements if they do not wish to be present in the same room as the other student during the hearing. The parties may appear at the conduct review hearing in person via a method that allows the council to hear the parties and physically observe them while testifying, subject to the limits set forth in (e) of this subsection. If a party does not appear at the hearing, the council will decide the case based on the information available. The council cannot draw an inference regarding responsibility based on the failure to appear or refusal to answer cross-examination or other questions.

(d) Advisors. The complainant and the respondent may be assisted by one advisor during conduct review hearings. The advisor is there to provide guidance and advice to the party, but is not allowed to speak on behalf of the party, answer questions on the parties behalf, or question the other party or witnesses except for Level Three hearings in which case the advisor may question the parties and witnesses.

(e) Disruption of proceedings. Any person, including a party or advisor, who disrupts a hearing or does not follow the standards of decorum set by the presiding officer, may be excluded from the proceedings.

(f) Remote appearance. In the interest of fairness and expedience, the presiding officer may permit any person to appear by a method that allows the person to be seen and heard by the council.

(g) Standard of evidence. The council shall determine whether the respondent violated this code and the student conduct code, as charged in the notice of allegations sent by the investigator, based on a preponderance of the evidence. A preponderance means, based on the evidence admitted, whether it is more probable than not that the respondent violated this code or the student conduct code.

(h) Evidence. The council will be provided with a copy of the investigative report and all associated exhibits. The investigative report and exhibits will be admitted into evidence. If the parties wish the council to consider additional documentary evidence, such evidence should be provided to the director in advance of the hearing. The council may review proposed exhibits prior to the hearing.

(i) Evidence, including hearsay evidence, is admissible if in the judgment of the presiding officer it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The presiding officer shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized by Washington courts. The presiding officer may exclude irrelevant material. If not inconsistent with this section, the presiding officer shall refer to the Washington rules of evidence as guidelines for evidentiary rulings. Prior or subsequent conduct of the respondent may be considered in determining opportunity, intent, preparation, plan, identity, a pattern of conduct, credibility, or absence of mistake or lack of knowledge. Prior to allowing a question to be answered during a hearing, the presiding officer must determine whether the question is relevant and, if excluded, the presiding officer must explain the basis for their decision on the record.

(ii) The respondent and complainant have the right to view all material presented during the course of the hearing. If a respondent's disciplinary history is considered solely for sanctioning purposes, the complainant does not have a right to review the history.

(iii) All testimony of parties and witnesses shall be made under oath or affirmation. Any interpreter shall be proscribed the oath set forth in WAC 10-08-160.

(iv) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(v) Official notice may be taken of (A) any easily verifiable facts such as dates or weather conditions, (B) technical or scientific facts within EWU's specialized knowledge, such as enrollment status or class schedules, and (C) codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.

(vi) All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of RCW 34.05.452, except for the additional restrictions on the admission of evidence required by Title IX.

(i) Discovery. Discovery is not permitted under the code, except for requests for documentary information from the university. Either party may request the university to produce relevant documents in the university's possession as long as such request is submitted at least seven calendar days prior to the hearing, absent extenuating circumstances. If the presiding officer determines the request is not relevant to the present allegation, the presiding officer may deny the request. The university will provide the requested information prior to the hearing to the extent feasible and permitted by state and federal law.

(j) Subpoenas. Subpoenas may be issued by the presiding officer or an attorney consistent with RCW 34.05.446. However, for the protection of both parties, a party cannot subpoena the other party. A party may request an exemption from this rule by filing a written request with the presiding officer at least 10 calendar days prior to the hearing. The presiding officer will provide a copy of the request to the other party and give them three days to respond. The presiding officer will then decide whether or not sufficient cause exists to grant an exemption to this rule and will inform the parties of the decision. Any subpoena issued must conform to EWU's subpoena form. Every subpoena shall identify the party causing issuance of the subpoena and shall state EWU's name and the title of the proceeding and shall direct the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under their control.

A subpoena to a person to provide testimony at a hearing shall specify the time and place set for hearing. A subpoena may be served by any suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving them a copy thereof, or by leaving such copy at the place of their abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury. The presiding officer, upon motion by a party or at their own discretion, may quash or modify the subpoena if it is unreasonable or oppressive. Subpoenas may not be used to threaten or intimidate parties or witnesses.

(k) Motions. Motions for summary judgment and motions to dismiss are not permitted under this process.

(l) Opening statements. The parties and the investigator may provide a brief opening statement to the council at the beginning of the proceeding. The statement may be made verbally or in writing and will be limited to the length identified by the presiding officer. Advisors are not permitted to make opening statements. The presiding officer may place the parties or investigator under oath before receiving the opening statement. The investigator's statement shall include a summary of the steps taken during the investigation, evidence gathered, and the portions of the relevant codes the respondent is alleged to have violated. Closing arguments are not permitted as the focus of the hearing is on gathering and evaluating evidence.

(m) Witnesses.

(i) The complainant, respondent, and the university's investigator may call witnesses at full hearings.

(ii) The person who wishes to call a witness is responsible for ensuring that the witness is available and present at the time of the hearing. An attorney may subpoena a witness to appear at the hearing. Nonattorneys may request the presiding officer to subpoena witnesses. The presiding officer has the discretion to deny a request to issue a subpoena or to quash a subpoena issued by an attorney if the subpoena is unreasonable, oppressive, or does not conform to EWU's subpoena form.

(iii) The presiding officer may exclude witnesses from the hearing room when they are not testifying. The presiding officer is not required to take the testimony of all witnesses called by the parties if such testimony may be irrelevant. Any decision to exclude a witness shall be explained on the record.

(iv) All parties have the right to hear all testimony provided by witnesses during the hearing.

(v) The parties should inform the presiding officer of any possible need for an interpreter or any accommodation requests at least 10 calendar days prior to the hearing. The presiding officer will comply with WAC 10-08-150.

(n) Questioning. The university investigator, presiding officer, or the council may ask questions of any witnesses or the parties.

(i) Level Two Process: The complainant and respondent will both be given the opportunity to submit questions in writing to the presiding officer for each party/witness. The presiding officer will ask the questions of the party/witness proposed by the complainant or respondent as long as the questions are relevant and not otherwise impermissible. The presiding officer will not ask proposed questions that are unclear or that harass the party or witness being questioned. In no case will the complainant, respondent, or their advisors question witnesses or parties directly.

(ii) Level Three Process: All questions of witnesses must be asked by an advisor, the investigator, the presiding officer, or the student disciplinary council. Questions may be asked directly by the advisor or investigator and do not need to be submitted in writing to the presiding officer. The presiding officer may limit or exclude questions that are irrelevant, harassing, or that have already been asked. Prior to allowing a question to be answered during cross-examination, the presiding officer must determine that the question is relevant, and, if excluded, the presiding officer must explain on the record the reason for the exclusion. The council cannot draw an inference regarding responsibility based on the failure to appear or refusal to answer cross-examination or other questions.

(iii) Level Two and Level Three Processes: The presiding officer must exclude and the council shall not consider any questions or evidence pertaining to the complainant's sexual predisposition or prior sexual behavior, unless such questions and evidence about the complainant's prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. The presiding officer will explain to the parties the reason for rejecting any questions and will maintain a record of the questions submitted and rulings made.

(o) Remote appearance. The presiding officer may accommodate concerns for personal safety, well-being, or fears of confrontation of any person appearing at the hearing by providing separate facilities, or by permitting participation by video conferencing, or other means that allows the council and parties to see and hear the party answering questions, as determined appropriate.

(p) Role of the presiding officer. The presiding officer has authority to take actions related to the hearing process including, but not limited to:

(i) Determine the order of presentation of evidence;

(ii) Administer oaths and affirmations;

(iii) Issue subpoenas pursuant to RCW 34.05.446;

(iv) Rule on procedural matters, objections, and motions;

(v) Rule on offers of proof and receive relevant evidence;

(vi) Pursuant to RCW 34.05.449(5), close parts of a hearing to public observation or order the exclusion of witnesses upon a showing of good cause;

(vii) Question witnesses in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;

(viii) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to each party's opportunity for cross-examination and rebuttal;

(ix) Take official notice of facts pursuant to RCW 34.05.452(5);

(x) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

(xi) Take any other action necessary and authorized by any applicable statute or rule.

(q) Role of the investigator. The investigator will provide an opening statement outlining the notice of investigation and allegations, the steps taken during the investigative process, a brief summary of the evidence gathered, and the investigator's recommendation. The investigator may also call witnesses, ask questions, and offer evidence during the hearing.

(r) Deliberations and sanctions. Following the hearing, the council will determine in closed session whether, by a preponderance of the evidence, the respondent violated this code or the student conduct code based on the evidence presented at the hearing. If a student fails to appear, the council shall make a decision based on the information available. The council shall make its decisions based on a majority vote. If the council determines the respondent violated this code or the student conduct code, the presiding officer shall then decide what sanctions and remedies shall be imposed. The presiding officer may review the respondent's previous disciplinary history for purposes of determining the appropriate sanction. In addition to sanctions under this code, if the student is also an employee of the university, the presiding officer's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with university policy.

The council shall issue a decision including their findings, conclusions, and rationale. The decision shall address credibility issues if credibility or witness demeanor was a substantial factor in the council's decision. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness. The findings shall be based exclusively on the evidence provided at the hearing or contained in the investigative report. If the council finds the respondent violated the code, the presiding officer shall add the decision regarding sanctions and remedies to the council's decision. Such decisions should be served on the complainant and respondent within 14 calendar days from the date of the hearing. The written decision shall also:

(i) Designate all parties and representatives participating in the proceeding;

(ii) Identify the allegations at issue;

(iii) A description of the procedural steps taken, including notifications to the parties, interviews with the parties and witnesses, methods used to gather other evidence, and hearings held;

(iv) Contain findings of fact;

(v) Contain conclusions regarding the application of university policies and this code to the facts;

(vi) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed, and if any remedies are necessary to provide to the complainant or any other impacted student to restore or preserve equal access to the EWU's educational programs or activities;

(vii) Contain a statement describing rights to appeal and the procedures for appealing.

(s) Finality. The council's and presiding officer's decision becomes final at the conclusion of this process if an appeal is not timely filed.

(t) Notice of decision. The presiding officer shall serve the complainant and respondent with a copy of the decision and notice of the right to appeal. The Title IX coordinator must also be provided with a copy of the decision as the Title IX coordinator is responsible for effective implementation of any remedies.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-230, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-230, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-240 Appeals of student disciplinary council decisions.

(1) Timeline. Either party may file an appeal from the student disciplinary council's decision. Appeals must be submitted in writing by 5:00 p.m. PST within seven calendar days from the date the student disciplinary council's decision is sent to the parties. Appeals must be submitted via email to srr@ewu.edu. The appeal must include the party's name and why they believe the student disciplinary council's decision was incorrect based on the bases for appeal outlined below.

(2) Basis for appeal. Appeals may be filed for one or more of the following reasons:

(a) Procedural irregularity that would change the outcome of the student disciplinary council's decision;

(b) New evidence that would change the student disciplinary council's decision that was not reasonably available when the investigative report was finalized; or

(c) A member of the student disciplinary council or the presiding officer had a conflict of interest or bias for or against complainants or respondents generally or the individual parties that would change the outcome of the investigation.

(3) Response. Once an appeal is filed, the office of student rights and responsibilities will serve the other party with a copy of the appeal. The other party will be given five calendar days to provide a written response to the appeal.

(4) Stay of sanctions. Sanctions go into effect immediately after the council's decision is issued. If the respondent wishes to have a sanction stayed during the appeal process, a request for a stay must be filed along with the notice of appeal. The request for the stay will be reviewed by the director or designee. The stay may be granted in part or in its entirety, at the discretion of the director. The decision will be served on the respondent and the complainant. This decision is not subject to appeal.

(5) Appeal authority. Appeals will be determined by the vice president for student affairs or designee. The director will provide the appeal authority with the notice of appeal, any responses to the appeal, and the complete record of the student disciplinary council hearing. Before rendering a decision, the appeal authority may request additional information or explanation from the parties. However, except as required to explain the basis of new information, an appeal shall be limited to a review of the evidence presented to the student disciplinary council.

(6) Decisions. After reviewing the appeal, the appeal authority may affirm, reverse, modify, or remand the decision(s) of the student disciplinary council. The appeal decision shall include an explanation of the appeal authority's decision and rationale. The appeal decision must be issued within 30 calendar days of the appeal authority receiving all necessary documentation. In cases where the appeal authority remands the decision or sanction, the case will be returned to the student disciplinary council or presiding officer for reconsideration or other action as specified by the appeal authority. With respect to sanctions, the appeal authority may affirm, reverse, remand, or modify the sanctions assigned to the respondent. When determining sanctions, the appeal authority may consider the complete record of the respondent's prior conduct and academic performance in addition to all other information associated with the case.

(7) Notification. Once the appeal authority has made a final decision to affirm or reverse and/or to modify the sanctions assigned, the appeal authority shall draft a brief written statement setting forth the outcome of the appeal and the basis for their decision. The written statement is then forwarded to the director. The director shall serve the complainant and respondent with the written statement. The notice will also inform the parties that the appeal authority's decision is final and no further appeals may be made within the university. Judicial review of the university's decision may be available under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-240, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-240, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-250 Sanctions and remedies.

If any student or student organization is found to have committed a violation of WAC 172-125-010, one or more of the sanctions described in this section may be imposed against the student or student organization. Imposed sanctions are effective as of the date the director or student disciplinary council issues its decision unless the decision specifically identifies an alternative date. Failure to comply with any imposed sanction may result in additional sanctions. In addition to the sanction imposed by this code, if a student is also an employee of the university, the university may impose additional discipline in accordance with its policies and procedures pertaining to employees.

(1) Individual student sanctions.

(a) Admonition: An oral statement to a student that they have violated university rules and regulations.

(b) Warning: A notice to the student or student organization that they have violated the standards for students and that any repeated or continuing violation of the same standard, within a specified period of time, may result in more severe disciplinary action. A warning may be verbal or written.

(i) Restricting the student's university-related privileges;

(ii) Limiting the student's participation in extracurricular activities; and/or

(iii) Enforcing a "no contact" order which would prohibit direct or indirect physical and/or verbal contact with specific individuals or groups.

(e) Restitution: Reimbursement to the university or others for damage, destruction, or other loss of property. Restitution also includes reimbursement for medical expenses incurred due to code violations. Restitution may take the form of appropriate service or other compensation. Failure to fulfill restitution requirements may result in a hold on a student's ability to register and may prevent the student from future registration until restitution conditions are satisfied.

(f) Fines: Monetary fines up to a maximum of $500 against individual students for violation of university rules or regulations or for failure to comply with university standards of conduct may be imposed. Failure to promptly pay such fines may prevent the student from future registration. Failure to pay may also result in additional sanctions.

(g) Discretionary sanctions: Work assignments, service to the university community or other related discretionary assignments for a specified period of time as directed by the hearing authority.

(k) Expulsion: Permanent separation of the student from the university with no promise (implied or otherwise) that the student may return at any future time. The student will also be barred from university premises. Expulsions may be noted on the student's transcript.

(m) Revocation of degree: A degree awarded by the university may be revoked for fraud, misrepresentation, or other violation of law or university standards. Revocation of a degree is subject to processes outlined in this chapter except that revocation of a degree must also be approved by the university president.

(2) Student organizations and/or group sanctions. Any of the above sanctions may be imposed in addition to those listed below:

(a) Probation: Formal action placing conditions on the group's continued recognition by or permission to function at the university. The probationary conditions will apply for a specified period of time. Violation of the conditions of probation or additional violations while under probation may result in more severe sanctions;

(c) Restriction: The temporary withdrawal of university or ASEWU recognition for a group, club, society or other organization. Restriction is subject to the processes outlined in this chapter except any restriction must also be approved by the dean of students and the vice president of student affairs before such sanction is imposed;

(d) Revocation: The permanent withdrawal of university or ASEWU recognition for a group, club, society or other organization. Per RCW 28B.10.902, any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of recognition by the university;

(e) Additional sanctions: In addition to or separately from the above, any one or a combination of the following may be concurrently imposed on the group:

(i) Exclusion from intramural competition as a group;

(ii) Denial of use of university facilities for meetings, events, etc.;

(iii) Restitution; and/or

(iv) Fines.

(3) Remedies. For violations of this code, the university may provide remedies to the complainant and other students impacted by the discriminatory conduct designed to restore or preserve equal access to the university's educational programs or activities.

History

Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-250, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-300 Definitions.

For purposes of this code, chapter 172-125 WAC, the definitions in this section apply.

"Appeal authority" refers to the university official presiding over an appeal.

"Appellant" refers to any respondent or complainant who appeals a decision.

"Complainant" means the person who was subjected to the alleged misconduct. The complainant may or may not be the reporting party. If the person who was subjected to the alleged misconduct does not wish to pursue a complaint under this code, the university may initiate the student conduct process on its own behalf.

"Complaint" means an oral or written request to the university to investigate a report of discrimination.

"Council" or "the council" refers to the student disciplinary council.

"Council hearing" refers to a full conduct review hearing before the student disciplinary council.

"Dean of students" refers to the dean of students or designee.

"Director of SRR" or "director" refers to the director of student rights and responsibilities or designee.

"File" or "filing" means to actually deliver documents. Documents required to be filed with a specific person at EWU under these rules shall be deemed filed upon actual receipt during office hours at EWU. Papers may be filed by delivering them to the student rights and responsibilities office, sending them via United States mail, properly addressed, postage prepaid, to 129 Showalter Hall, or emailing them to srr@ewu.edu.

"Formal Title IX complaint" means a formal signed complaint from a current student, applicant, employee, or person participating in or seeking to participate in a university program or activity, or by the Title IX coordinator, alleging sexual harassment, sexual assault, domestic violence between intimate partners, dating violence, or sex-based stalking for conduct that occurred on university premises, during a university program or activity within the United States, or at a building owned or controlled by a student organization that is officially recognized by the university. A complaint of sexual misconduct or interpersonal violence will only be considered a Title IX complaint under this code if it meets this definition. Sexual misconduct or interpersonal violence may still be addressed under this code if it does not meet the definition of a formal Title IX complaint using a Level One or Level Two process.

"Interpersonal violence" encompasses domestic violence, dating violence, and stalking.

"Level One Process" refers to the grievance procedures used to investigate and make determinations of responsibility for violations of this code that, if substantiated by a preponderance of evidence, would result in a sanction less than a suspension or expulsion, and do not involve felony-level crimes.

"Level Two Process" refers to the grievance procedures used to investigate and make determinations of responsibility for violations of this code that, if substantiated by a preponderance of evidence, may result in a sanction of suspension or expulsion, or involve felony-level crimes.

"Level Three Process" refers to the grievance procedures used to investigate and make determinations of responsibility for violations of this code that fall within the definition of a "formal Title IX complaint."

"Off-campus" refers to any location or facility that is not owned, leased, rented, or operated by Eastern Washington University.

"Party/parties" refers to the complainant, respondent, and/or the university.

"Policies" or "university policy" refers to the written regulations of the university, including the standards of conduct for students, residence life handbook, housing contract, university policies, and graduate/undergraduate catalogs and handbooks.

"Presiding officer" refers to the university official who is assigned to preside over a student disciplinary council hearing.

"Recognized student organizations" refers to clubs, organizations, societies or similarly organized groups recognized by the university or the Associated Students of Eastern Washington University (ASEWU).

"Reporting party" means the person who notifies the university of alleged misconduct by a student or student organization. The reporting party may also be the complainant, but need not be the complainant.

"Respondent" refers to any student or student organization accused of violating the student conduct code under this chapter.

"Serve" means to send a document through electronic mail addressed to the party's university-issued email address or, if the party does not have a university-issued email address, to the email address on record with the university. Service is complete when the email is sent to the email address. Service may also be accomplished by personal delivery or regular U.S. mail. Notifications via regular U.S. mail are sent to the party's last known address or the address on file with the university registrar, and service is complete on the date the notice is placed in the mail. The student is responsible for maintaining an updated mailing address on file with the registrar. Recognized or registered student organizations are responsible for updating their mailing address with their designated university office.

"Student" includes all of the following:

(b) Any person who is enrolled or has been enrolled at the university for up to 12 months from the last date they were enrolled;

(d) Any person who was previously enrolled at the university for violations of the code committed while enrolled regardless of when they were enrolled. A person who engaged in conduct in violation of this code while a student remains subject to action under this code even if the person has graduated, withdrawn, or is not currently enrolled for any reason.

"Title IX coordinator" refers to the Title IX coordinator or designee.

"University" means Eastern Washington University.

"University official" includes any person employed or contracted by the university, performing assigned administrative or professional responsibilities.

"University premises" means buildings and/or property (including adjacent streets and sidewalks) which are owned, leased, rented, or operated by the university.

"University president" refers to the university president or designee.

"Vice president for student affairs" refers to the vice president for student affairs or designee.

History

Statutory Authority: RCW 28B.35.120(12). WSR 25-14-092, s 172-125-300, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-300, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-301 Calculation of time periods.

In calculating any of the time periods identified in this code, the day of any act or service of notice is not included in calculating the deadlines. For example, if an order is served on a student on a Monday and the student has 10 calendar days to appeal the order, the date of service (Monday) does not count towards the time period, the next day (Tuesday) does count toward the time period, and the appeal would be due by 5:00 p.m. on the following Thursday.

If the last day of a time period ends on a Saturday or Sunday, the deadline is extended to 5:00 p.m. on Monday. If the last day of a time period ends on a university holiday, the deadline is extended to 5:00 p.m. on the next weekday following the holiday.

History

Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-301, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-302 Conflicts of interest and bias.

(1) Individuals who play a role in investigating, presiding over, and making decisions pertaining to individual cases under this code including, but not limited to, the Title IX coordinator, dean of students, investigator, presiding officer, council, and appeal authority, shall not have any conflict of interest in the process or a bias for or against complainants or respondents generally or an individual complainant or respondent. A conflict of interest exists if the investigator, presiding officer or decision maker is the respondent, complainant, or a witness; if the respondent, complainant, or witness is a family member or friend; if the individual has a personal interest or bias; or if the individual has previously served in an advisory capacity for any of the parties or witnesses. In the event such a conflict arises in the process, the person shall disclose such interest to the parties. Parties to the complaint who believe a university official involved in the process has a conflict of interest may report such concerns to the Title IX coordinator within three calendar days of becoming aware of the potential conflict. The Title IX coordinator or designee shall determine whether a conflict of interest exists and take appropriate action. If the Title IX coordinator is the person alleged to have a conflict of interest or bias, the party may report such concerns to the dean of students, and the dean of students shall determine whether a conflict of interest exists and take appropriate action.

(2) Challenges to council membership. Members of the student disciplinary council and the presiding officer are subject to the conflict of interest limitations set forth in subsection (1) of this section.

(a) If a member has such a conflict, the person shall recuse themselves from further involvement in the case. In the event such a conflict arises after the council has been selected or during a proceeding, the member shall disclose the conflict to the parties.

(b) A council member's or the presiding officer's eligibility to participate in a case may be challenged by parties to the case or by other council members at any time by submitting a motion to disqualify to the presiding officer. When such a challenge is made, the session council, excluding the person alleged to have a conflict of interest, shall make a decision on the challenge.

(c) If a member is disqualified or disqualifies him/herself from a case, the presiding officer will appoint a replacement.

History

Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-302, filed 10/28/24, effective 11/28/24.

Wash. Admin. Code § 172-125-305 Administration and records.

(1) Authority and interpretation. The board of trustees of Eastern Washington University, acting under the authority granted by RCW 28B.35.120, has established this code for addressing concerns of discrimination by students. The responsibility for enforcement of this code rests with the university president and is further delegated to the vice president for student affairs and Title IX coordinator. Any questions regarding the interpretation or application of this code are referred to the Title IX coordinator for final determination. This code is not intended to protect any person or class of persons from injury or harm.

(2) Records of resolution and grievance procedures. Records relating to complaints, supportive measures, informal resolutions, investigations, conduct proceedings, sanctions, and remedies under this chapter shall be kept by the Title IX office for seven years from conclusion of a proceeding. Records pertaining to sanctions must also be maintained by the office of student rights and responsibilities for seven years from the conclusion of a proceeding.

(3) Confidentiality of student disciplinary records.

(b) Release of student disciplinary records. The university shall not communicate a student's disciplinary record to any person or agency outside the university without the prior written consent of the student, except as required or permitted by law. Exceptions include, but are not limited to:

(i) The student's parents or legal guardians may review these records as permitted by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(ii) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(iii) In response to a judicial order or a lawfully issued subpoena.

(iv) The university shall release information related to disciplinary records to complainants or other persons as required by Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other state and federal laws.

(v) Disciplinary records will be made available to hearing councils and university personnel as needed for legitimate educational purposes.

(vii) Any student may review his/her own disciplinary records by contacting student rights and responsibilities.

(viii) A student may obtain a copy of their disciplinary record by making a written request to student rights and responsibilities. The university may charge the student a reasonable amount to cover copying expenses.

(ix) The university may disclose to a student's parents a violation of any federal, state, or local law, or of any university policy or rules regarding use or possession of alcohol or a controlled substance so long as the student is under the age of 21 at the time of the disclosure to the parent.

(c) When disciplinary records are released, personally identifiable information may be redacted to protect the privacy of others as permitted by law.

(d) Supportive measures. The university will keep any supportive measures provided to the complainant or respondent confidential to the extent that maintaining such confidentiality will not impair the ability of the university to provide the supportive measures.

(4) Holds.

(a) Types of holds. Holds placed on a student's academic records may prevent admission, registration, graduation, or other academic activities. Holds may also restrict access to transcripts, grades, or other academic records.

(b) Discretionary holds: The director or presiding officer may place a hold on a student's academic records in either of the following situations:

(i) Pending the student's satisfactory completion of any sanctions imposed under this code; or

(ii) If the student fails to respond to any properly delivered notice under this code.

(c) Required holds: The director shall place a hold on a student's academic record if the student is the respondent to a violation of the conduct code and has withdrawn from the university, or if the student withdraws from the university after a complaint is filed against the student. A hold is also required if a student is subject to a pending student conduct complaint at the time of graduation. This hold shall remain in place until the allegation or complaint is resolved.

History

Statutory Authority: RCW 28B.35.120(12), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., section 504 of the Rehabilitation Act of 1973, Americans with Disability Act of 1990, 42 U.S.C. § 12101 et seq., and chapter 28B.112 RCW. WSR 24-22-048, s 172-125-305, filed 10/28/24, effective 11/28/24.

Chapter 172-130 Undergraduate housing requirement.

Wash. Admin. Code § 172-130-010 Students required to reside in university residence halls.

All full-time, single, first-year students of Eastern Washington University who are under twenty-one years of age are required to live in university residence hall facilities throughout their first year at the university.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-122, § 172-130-010, filed 12/4/13, effective 9/1/14.

Wash. Admin. Code § 172-130-020 Exceptions.

Students may request an exception to WAC 172-130-010. Requests must clearly describe the basis for the request and include supporting documentation as appropriate. The approval authority is the chief housing officer or designee. Exceptions will be considered for the following reasons:

(1) Students who will continuously reside with a parent and/or legal guardian throughout the quarter for which the exception is sought.

(2) Students who have primary legal custody of a child.

(3) Students employed off campus and whose housing is part of their overall compensation received. To qualify, employment must be for an established place of business or for an established family unit when a landlord/employer requires the student to reside where the work is performed and a substantial portion of the rent and/or room and board is reduced as a part of the overall compensation for the work performed.

(4) Students with a documented medical issue that is incompatible with living in a university residence hall. The director of disability support services will evaluate documentation and make a recommendation regarding this exception.

(5) Students for whom living in a university residence hall would cause undue financial hardship.

(6) Students who will reach the age of twenty-one during their first year at the university.

(7) Students who have attended an institution of higher education as a full-time student for at least two regular semesters or three regular quarters. Enrollments during summer terms or while simultaneously completing high school requirements, e.g., Running Start or similar programs, do not count as previous attendance under this exception.

(8) Students who have unique situations, not otherwise covered in this section, that could make living in a residence hall unduly burdensome.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-122, § 172-130-020, filed 12/4/13, effective 9/1/14.

Wash. Admin. Code § 172-130-030 Process.

Applications for permission to reside off campus are available from the Eastern Washington University Department of Housing and Residential Life, 1027 Cedar St., Cheney, WA 99004. Applications are reviewed and a determination is made whether an exception will be granted. Persons applying for such exception will be informed of the decision in writing. Requests for reconsideration of the decision may be submitted to the dean of students within ten working days of the date the student receives notice that their request has been denied. The dean of students, or designee, will evaluate the appeal and approve or deny the appeal. The decision by the dean of students is final; no further appeals are available.

History

Statutory Authority: RCW 28B.35.120(12). WSR 13-24-122, § 172-130-030, filed 12/4/13, effective 9/1/14.

Chapter 172-132 Course materials.

Wash. Admin. Code § 172-132-010 Purpose.

The purpose of this chapter is to reduce overall costs of course materials for students by implementing measures designed to encourage use of less costly materials without sacrificing educational content.

History

Statutory Authority: RCW 28B.10.590 and 28B.35.120(12). WSR 09-06-062, § 172-132-010, filed 3/2/09, effective 4/2/09.

Wash. Admin. Code § 172-132-020 Definitions.

Throughout this chapter, the following definitions apply.

(1) "Materials" means any supplies or texts required or recommended by faculty or staff for a given course.

(2) "Bundled" means a group of objects 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 09-06-062, § 172-132-020, filed 3/2/09, effective 4/2/09.

Wash. Admin. Code § 172-132-030 Cost savings for course materials.

The Eastern Washington University Bookstore will:

(1) Provide students the option of purchasing materials that are unbundled whenever possible;

(2) Disclose to faculty and staff the costs to students of purchasing materials and disclose retail costs for course materials on a per course basis to faculty and staff and make this information publicly available;

(3) Disclose publicly how new editions vary from previous editions by providing the contact information for the publisher;

(a) When a new edition of a textbook is ordered by faculty, the bookstore will notify them of the retail cost change to the students if this information is available. The bookstore will also inquire if students may use the old edition if it is available.

(b) The bookstore will provide notice that this is a new edition, and whether or not the student may use the old edition.

(4) Disclose information to students on required course materials including but not limited to title, authors, edition, price, and International Standard Book Number (ISBN) at least four weeks before the start of the class for which the materials are required. The chief academic officer may waive this disclosure requirement on a case-by-case basis, if students may reasonably expect that nearly all information regarding course materials is available four weeks before the start of the class for which the materials are required. The disclosure requirement does not apply if the faculty member using the course materials is hired four weeks or less before the start of class; and,

(5) Promote and publicize book buy-back programs;

Faculty and staff members will consider the least costly practices in assigning course materials, such as adopting the least expensive edition available, adopting free, open textbooks when available, and working with college librarians to put together collections of free online web and library resources, when educational content is comparable as determined by the faculty.

History

Statutory Authority: RCW 28B.10.590 and 28B.35.120(12). WSR 11-10-015, § 172-132-030, filed 4/26/11, effective 5/27/11
WSR 09-06-062, § 172-132-030, filed 3/2/09, effective 4/2/09.

Chapter 172-135 Mandatory medical leave of absence and return.

Wash. Admin. Code § 172-135-010 Purpose.

Eastern Washington University is concerned about the health, welfare, and safety of all of its students. To promote an educational environment where all students can be successful, it is necessary for the university to engage with students whose ability to function successfully or safely as students is compromised. In such circumstances, the university may encourage a student to take voluntary leave. However, when a student's behavior renders the student unable to effectively function in the residential or educational community without harming him/herself, others, or unduly disrupting the university community, the dean of students may, after a careful and collaborative review, place a student on mandatory medical leave of absence in accordance with the procedures set forth in this chapter.

This process is only considered in rare situations when other options have been utilized and considered. A mandatory leave of absence is not the preferred option when addressing students' health, welfare, and safety. Any assessment or action taken under this policy will be based on legitimate safety concerns and not based on speculation, stereotypes, or generalizations about individuals with disabilities.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-010, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-020 Definitions.

"Dean" refers to the dean of students or designee.

"Director of CAPS" refers to the director of counseling and psychological services or designee.

"Essential function requirements for a student" are those tasks and responsibilities an individual student is required to perform, with or without reasonable accommodation, in order to remain enrolled at the university. These functions are all related to and consistent with educational necessity. The primary foci of the essential function requirements is the ability to learn, retain information, exhibit self-mastery, and demonstrate knowledge pertaining to academic and personal success. The essential functions for general enrollment include:

(a) Mental/psychological requirements:

(i) Communicating effectively, both verbally and nonverbally, and receiving communication effectively;

(ii) Managing and maintaining control over emotions;

(iii) Concentrating on tasks;

(iv) Remembering information and details;

(v) Making appropriate decisions; and

(vi) Adjusting to changing environments that include maintaining emotional health and a demeanor suitable for an academic environment.

(b) Performance requirements:

(i) Meeting academic/administrative deadlines, completing tasks as assigned;

(ii) Attending and participating in classes and required meetings with university faculty and staff;

(iii) Managing stressors associated with studying and, if relevant, residing in a university community.

(i) Maintaining organization related to academics, health, and well-being, including appropriate hygiene and dress;

(ii) Adhering to university policies, including the student conduct code and academic integrity policies;

(iii) Demonstrating appropriate interactions with others including faculty, staff and fellow students;

(iv) Self-evaluating, identifying, and articulating needs and being able to identify and utilize resources in order to meet those needs.

(d) Other requirements: Additional requirements may be required for some university programs, activities, housing options, majors, and courses.

"Service" means to send notice via email to the student's university email account and via certified letter to the student's last known address. Alternatively, it may be hand delivered to the student.

"Student conduct code" refers to the regulations contained in the student conduct code, chapter 172-121 WAC.

"University" means Eastern Washington University.

"Vice president for student affairs" refers to the vice president for student affairs or designee.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-020, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-030 Risk of health, danger, or disruption.

(1) Upon notification of a serious health or safety concern involving a student, the dean will make an individualized assessment of whether a student should be placed on a mandatory medical leave of absence. The dean may require a student to take a medical leave of absence if all of the following elements are met:

(a) A student has a physical, emotional, or psychological condition;

(b) As a result of such condition:

(i) Is not meeting the essential function requirements for a student as set forth in WAC 172-135-020 Definitions;

(ii) Is engaging in, or is threatening to engage in, behavior that poses a significant risk of causing substantial harm to the health, safety, or welfare of others or actual risk to his or her own health, safety or welfare, based on an individualized assessment of current medical knowledge or the best available objective evidence, to ascertain: The nature, duration and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk; or

(iii) Is so severely disruptive as to directly and substantially deny or limit another's ability to work, study, participate in, or benefit from the university's programs or activities.

(c) There are no reasonable accommodations that would permit the student to continue participating in the university community without taking a leave of absence or the student has rejected all reasonable accommodations offered by the university and cannot meet the essential function requirements for a student.

(2) In determining whether a student should be placed on a mandatory medical leave of absence, the dean should consult with the director of CAPS, and, where possible, other persons who can provide relevant information about a student's condition and recent behaviors. The dean should consider whether the student could be provided with any reasonable accommodations that would allow the student to perform the essential function requirements of a student and whether there are other conditions that could be imposed on the student to address the health and safety concerns.

(3) While the dean is gathering all of the relevant information, the dean may issue interim conditions on the student's attendance, campus participation, or ability to reside on campus. The dean may require a student to timely provide documentation from a treating medical provider that the student is able to perform the essential function requirements for a student before lifting the interim conditions. The dean will respect the student's confidentiality and will only require a release of medical information for access to the student's medical and mental health records as is reasonably necessary to complete the dean's individualized assessment. Before requesting such a release, absent exigent circumstances, the dean or designee will explain the individualized assessment process and appeal rights to the student in a mode of communication accessible to the student.

(4) Prior to the dean requiring a student to take a medical leave of absence, the student shall be provided, where reasonably possible, with an opportunity to present information about his or her circumstances and/or treatment, where reasonably possible, to the dean. The dean will discuss with the student the option of pursuing a voluntary withdrawal in lieu or proceeding with the process for a mandatory medical leave of absence. The student waives his or her opportunity to provide information to the dean if he or she is unwilling or unable to meet with the dean in a timely manner, or is unable or unwilling to provide written documentation or a release to the dean.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-030, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-040 Written notification and conditions of leave.

(1) Notice: The dean shall issue a written notification of the mandatory medical leave of absence. The written notice shall include:

(a) Effective date of the leave;

(b) Reasons for requiring the leave;

(d) Conditions for reenrollment, if any;

(e) A university point of contact during the absence; and

(f) Information about the appeals process.

(2) Service: The notice shall be served on the student.

(3) Conditions: If the dean issues a mandatory medical leave of absence, the dean may also impose conditions on the student during the mandatory leave as well as conditions for returning to the university after the mandatory leave. The goal of such conditions is to prepare the student for a successful return to the university. Such conditions may include, but are not limited to:

(a) Restrictions on access to university property;

(b) Restrictions on participation in university programs or activities;

(d) Mandatory medical or psychological assessment of student to address the identified health or safety risks;

(e) Compliance with treatment recommendations;

(f) Documentation of ability to meet the essential functions of a student prior to returning; and

(g) Consultation and assessment with the dean or designee prior to being able to register for classes and the end of the leave period.

(4) Length: The length of the mandatory medical leave of absence will be determined on a case-by-case basis and identified in the notice given to the student. A student placed on a mandatory leave of absence must normally remain out of school for the remainder of the academic year.

(5) Appeal: The notice of mandatory medical leave of absence is subject to the appeal procedures set forth in this chapter.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-040, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-050 Financial aid, tuition, and grades.

A student placed on a mandatory medical leave of absence will automatically be granted an exceptional circumstances withdrawal for medical purposes from the university for the quarter in which the student is removed in accordance with EWU Policy 303-30. The student will receive a "W" for any courses in which he or she is currently enrolled at the time of the notice of mandatory medical leave. Tuition and fee payments for that quarter will be reversed/refunded. Housing and dining charges will be prorated to the effective date of the student's leave.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-050, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-060 Returning from a mandatory medical leave of absence.

A student requesting to return to the university after a mandatory leave of absence must notify the dean of his/her intention to return or reenroll approximately two months in advance of the anticipated return. The student must then meet with the dean or dean's designee. The dean will determine the student's readiness to return to assure the health, safety, and well-being of the student and the entire campus community. The dean will conduct an individualized review of the student's records to determine his or her readiness to return. The dean may request documentation to support the student's return including, but not limited to, medical evaluations, treatment plans, release of medical records, personal statements, and evidence of the ability to meet academic and conduct requirements. A returning student must provide medical documentation that he/she is able to perform the essential functions of a student, with or without an accommodation. The dean will provide the student with a written determination of whether or not the student may return, and any conditions imposed on such return. If the dean determines a student is not ready to return, the dean may issue a new notice of mandatory leave of absence. The new notice is subject to the appeal process set forth in this chapter.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-060, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-070 Appeal.

(1) Filing: A student may appeal the dean's decision to impose a mandatory medical leave of absence. The appeal must be submitted in writing to the vice president for student affairs within twenty-one calendar days from service of the dean's decision. The appeal shall be in writing and shall include:

(a) Student's name;

(b) Basis for disagreeing with the dean's determination, including any supporting documentation; and

(2) Appeal authority: The vice president will forward the appeal to the students of concern board. The students of concern board shall consist of the director of CAPS (or other designated mental health professional), a faculty member, and the director of disability support services or designee.

(3) Appeal period: During the appeal period, the dean's imposition of mandatory medical leave of absence remains in effect until terminated, in writing, by the students of concern board or the vice president.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-070, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-080 Appeal hearing.

(1) Upon receipt of a timely appeal by the student, the vice president shall convene the students of concern board and notify the student of the date, time, and location of the appeal hearing in writing. The notice will include information about how to request accommodations or interpreters. The notice must be served on the student at least seven calendar days prior to the hearing. The vice president may coordinate with the student to facilitate scheduling, but is not required to do so. The vice president shall serve as the presiding officer for the students of concern board. The appeal hearing shall be conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

(2) Evidence.

(a) Types of evidence: The students of concern board shall be provided with the documentation reviewed by the dean that formed the basis of the mandatory medical leave of absence notice. The student may provide the board with additional documentation for the board to consider, may testify before the board, and may present witnesses to the board. Evidence, including hearsay evidence, is admissible if in the judgment of the board it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs.

(b) Review of evidence: The student has the right to view all material presented to the board.

(d) Witnesses: The student may present witnesses at the board meeting. The presiding officer and board may also ask other witnesses and professionals to attend the hearing and provide the board with additional information beyond what was contained in the written documentation provided to the board. If the student wishes to call a witness, the student is responsible for ensuring the witness is available and present at the time of the hearing.

(e) Exclusion: As the hearing will cover sensitive material, the presiding officer may exclude anyone from the hearing room other than the student, the student's advisor, the presiding officer, and the board.

(f) Accommodations: The student should inform the vice president of any possible need for an interpreter or any accommodation requests at least three days prior to the hearing.

(g) Questioning: The student and the board may ask questions of the witnesses, except the presiding officer may preclude any questions that are inappropriate, irrelevant, immaterial, or unduly repetitious. The presiding officer should explain to the student the reasons for rejecting any questions and will maintain a record of the questions submitted and the determinations made.

(3) Advisor: A student may be assisted by one advisor of his or her choice.

(4) Hearing on the record: A student may waive the opportunity for an in-person hearing and request the board conduct the hearing based solely on written documentation. In such a case, the student may submit written documentation of any additional evidence the student wishes the board to consider in addition to the materials provided by the dean.

(5) Records: The presiding officer shall keep a record of all materials submitted to and reviewed by the board. The presiding officer shall make and keep a recording of the hearing and subsequent transcript, if any. Records shall be kept for seven years and shall be kept confidential to the extent provided by law.

(6) Deliberations and decision: Following the appeal hearing, the board shall meet in private and, within seven business days, determine by majority vote whether to:

(a) Affirm the dean's decision;

(b) Affirm the dean's decision but alter the conditions imposed; or

(7) Service: The board's decision shall be in writing and shall set forth the reasons for the board's decision. A copy of the decision shall be served on the student and a copy provided to the vice president.

(8) Final decision: The board's decision is final and no further appeals may be made under these regulations. Judicial review of the university's decision may be available under chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-080, filed 10/5/18, effective 11/5/18.

Wash. Admin. Code § 172-135-090 Relationship to the student conduct code and other policies.

(1) A mandatory medical leave of absence is an administrative decision and is not a disciplinary action. A student may still be held responsible for his or her conduct if the conduct constituted a violation of the student conduct code.

(2) A student who is placed on mandatory leave remains responsible for adhering to and complying with all university regulations, policies, and procedures. Students on probation for disciplinary or academic reasons will resume their probationary status upon their return for the duration of the assigned probationary period.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-033, § 172-135-090, filed 10/5/18, effective 11/5/18.

Chapter 172-137 Use of university facilities.

Wash. Admin. Code § 172-137-010 Purpose.

Eastern Washington University is an educational institution established and maintained by the citizens of Washington state in order to carry out the mission of teaching, research and public service. University facilities exist for the primary purpose of supporting that mission and related educational activities.

The university may impose reasonable conditions on the time, place, and manner in which facilities are used.

The purpose of these regulations is to facilitate the effective use and enjoyment of university facilities on the Cheney campus. Orderly procedures are necessary to promote the use of facilities by students and university-affiliated groups, to conserve and protect facilities for educational use, and to prevent interference with university operations.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-010, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-010, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-015 Scope.

This chapter establishes standards and procedures for use of university facilities on the Cheney campus by individuals and entities other than the university itself, such as university employees, students, university-affiliated groups, nonaffiliated groups, and outside community members. The use of facilities for university activities is not subject to the requirements of this chapter. Use of open, outdoor areas on university property for first amendment activities is governed by chapter 172-138 WAC.

Use of university facilities is subject to all university regulations and policies. For example, in addition to these regulations, the university has specific rules about alcohol on campus (chapter 172-64 WAC), parking (chapter 172-100 WAC), drones and model aircraft (chapter 172-110 WAC), pets (chapter 172-115 WAC), recreational equipment (chapter 172-118 WAC), weapons (WAC 172-122-120), and use of tobacco, electronic cigarettes, and related products (WAC 172-122-310).

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-015, filed 5/15/18, effective 6/15/18.

Wash. Admin. Code § 172-137-020 Definitions.

(1) "Facility" or "facilities" includes all buildings, athletic fields, and parking lots owned or controlled by the university.

(2) "First amendment activities" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speechmaking, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and/or other types of constitutionally protected assemblies to share information, perspectives, or viewpoints.

(3) "Nonaffiliated groups" is groups that are not affiliated with the university. Nonaffiliated groups include employee union organizations, businesses, nonprofit organizations, advocacy groups, and religious entities, as well as the individuals belonging to such groups.

(4) "Students" includes all people currently enrolled in classes at the university.

(5) "Outside community members" means individuals who are not employees, students, or part of a university-affiliated group.

(6) "University-affiliated groups" includes any group formally recognized by or a part of the university, such as ASEWU, student groups officially recognized by ASEWU, The Easterner, the faculty organization, academic senate, and any other group formally recognized by or directly associated with and a part of the university. It also includes external entities that have a close relationship with the university, including the EWU foundation, the EWU alumni association, and the attorney general's office. University-affiliated groups also include the individual members or employees of such groups when acting on behalf of the group.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-020, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-020, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-030 University priority.

First priority for the use of campus facilities shall be given to regularly scheduled university activities. A facility may only be reserved by someone other than the university when the facility is not needed for a university activity. Use of university facilities may be subject to reasonable time, place, and manner restrictions that take into account, among other considerations, the general facilities policy; the direct and indirect costs to the institution; environmental, health and safety concerns; wear and tear on the facilities; appropriateness of the event to the specific facility; and the impact of the event on the campus community, surrounding neighborhoods, and the general public. In reviewing conflicting requests to use university facilities, primary consideration is given to activities specifically related to the university's mission.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-030, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-030, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-035 Delegated responsibility.

The board of trustees has delegated to the president of the university the authority to regulate the use of university facilities. Under this authority, the president has delegated to the vice president for business and finance (VP-BF) the authority to review the use of university facilities; to establish within the framework of this policy guidelines and procedures governing the use; to approve or disapprove requested uses; and to establish policies regarding fees and rental schedules where appropriate.

History

Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-035, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-040 Conditions of use.

Use of university facilities by employees, students, university-affiliated groups, nonaffiliated groups, and community members is subject to the following restrictions:

(1) Restriction of access. The president of Eastern Washington University may restrict access to university facilities and may establish rules of conduct for persons while on university facilities, as prescribed under WAC 172-122-210.

(2) No disruption to normal activities. University facilities may not be used in ways which obstruct or disrupt university operations, the freedom of movement, or any other lawful activities. No activity may obstruct entrances, exits, staircases, doorways, hallways, or the safe and efficient flow of people and vehicles. The use of university facilities and any first amendment activities engaged in within university facilities must not substantially and materially interfere with university activities or otherwise prevent the university from fulfilling and achieving its primary purpose of educating students. Activities must not substantially and materially infringe on the rights and privileges of university employees, students, or university-affiliated groups.

(3) Sound amplification. The use of electronic sound amplification is only permitted in facilities designated by the VP-BF or designee. Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of university affairs. Use of sound amplification equipment must comply with all local ordinances.

(4) Overnight use.

(a) No person may use university facilities to camp, except as provided in subsection (b) of this section. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable state, county and city laws.

(b) Exceptions:

(i) The use and occupancy of university housing in accordance with housing rules;

(ii) The use of facilities by a university employee or agent who remains overnight to fulfill the responsibilities of his or her position;

(iii) The use of facilities by a university student who remains overnight to fulfill the responsibilities of his or her course of study;

(iv) The use of facilities where overnight stays are specifically permitted in identified locations for attendees at special events designated by the university, such as during home football games, commencement, and special weekends.

(5) Accessibility. The university will not make its facilities or services available to organizations which do not assure the university that they will comply with the terms of the Americans with Disabilities Act and the Rehabilitation Act of 1973 while using university facilities. Users must not impose restrictions nor alter facilities in a manner which would violate the Americans with Disabilities Act or Rehabilitation Act.

(6) Harassment. EWU is committed to providing an educational and work environment in accordance with federal law. As such, EWU prohibits individuals and groups who are using its facilities from engaging in harassment while using university facilities. Harassment is defined as conduct by any means that is sufficiently severe, pervasive, or persistent, and objectively offensive so as to threaten an individual or limit the individual's ability to work, study, participate in, or benefit from the university's programs or activities.

(7) Prohibited items and authority to inspect. Within the limits of applicable laws, Eastern Washington University is committed to establishing and maintaining safe conditions for persons attending events in university facilities. Accordingly, some events have restrictions on items that may be brought into the event (i.e., beverage containers, noisemakers). Individuals possessing such items will not be admitted to, or will be removed from, university facilities until the items have been properly removed, discarded, or stored. All persons entering events at university facilities shall be subject to having all containers, bags, backpacks, coolers, or similar items visually inspected. Persons who refuse the visual inspection and refuse to dispose of the item shall be denied entry.

(8) Cleanup and repairs. All facilities must be left in their original condition and may be subject to inspection by a university representative after the activity. Reasonable charges may be assessed against an individual or group for the costs of cleaning up the condition of the property beyond reasonable wear and tear or for the repair of damaged property. If a nonaffiliated group or outside community member is sponsored by a university-affiliated group or department, the sponsoring group is responsible for the costs of repairs if the nonaffiliated group or outside community member fails to pay the costs.

(9) Violations and trespass. Individuals who violate the university's regulations and/or who violate university contract terms for use of facilities may be advised of the specific nature of the violation and, if continued, individuals may be requested to leave university property or be refused future use of university facilities.

Under WAC 172-122-200, the university president, or designee, may prohibit access to university facilities, give notice against trespass, and/or order any person or group to leave university facilities.

Failure to comply with a request to leave university property could subject the individuals to arrest and criminal prosecution under the provisions of WAC 172-122-200 and other applicable state, county, and city laws.

(10) Safety and liability.

(a) Users must comply with all applicable university policies, procedures, rules and regulations; local, state and federal laws; and fire, health and safety regulations, to include any special regulations specified for the event by the university and/or government authorities.

(b) Users assume full responsibility for any loss, damage or claims arising out of use of a university facility.

(c) University facilities may not be used in ways that create safety hazards or pose unreasonable safety risks to students, employees, or invitees.

(d) University facilities may not be used in any manner that creates a hazard or results in damage to university facilities.

(e) Users shall complete a risk assessment as required or directed by the event planning office. Depending on the nature of the proposed event, the requestor may be required to provide its own liability insurance coverage at an amount determined by the VP-BF/designee naming Eastern Washington University as additionally insured for any events held in a university facility.

(f) University facilities may not be used in furtherance of or in connection with illegal activity.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-040, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-040, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-050 Authorized and prohibited uses.

(1) Commercial activities.

(a) University facilities may not be used for commercial gain, including: Commercial advertising; solicitation and merchandising of any food, goods, wares, service, or merchandise of any nature whatsoever; or any other form of sales or promotional activity; except as allowed under chapter 172-139 WAC or in the following cases:

(i) By special permission granted by the university president, or 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 commercial activity; or

(ii) To the extent it represents the regular advertising, promotional, or sponsorship activities carried on, by, or in any university media, The Easterner, or at university events;

(b) University facilities may not be used by faculty or staff in connection with compensated outside service, except that faculty or staff may use university facilities that are generally available to the public on the same basis, including payment of the same fees, as may other private citizens.

(c) Commercial advertising and/or solicitation which is deceptive or concerns an illegal product or service is prohibited on university facilities.

(2) Political activities. University facilities may be used for political activities when such use complies with chapter 42.52 RCW, Ethics in Public Service Act. Permitted activities may include:

(a) University departments, ASEWU, or recognized student organizations may sponsor candidate forums as well as issue forums regarding ballot propositions;

(b) Candidates for office and proponents or opponents of ballot propositions may rent university facilities on a short-term basis for campaign purposes to the same extent and on the same basis as may other individuals or groups;

(c) Candidates for office and proponents or opponents of ballot propositions may use outdoor spaces pursuant to chapter 172-138 WAC, to the same extent and on the same basis as may other individuals or groups; and

(d) A registered student organization 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 172-137-070.

(e) Restrictions:

(i) When an event under this section involves the rental of a university facility, the full rental cost of the facility must be paid and university funds may not be used to pay rental costs or any other costs associated with the event.

(ii) University facilities may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.

(iii) All candidates who have filed for office for a given position, regardless of party affiliation, must be given equal access to the use of facilities within a reasonable time.

(iv) No person shall solicit contributions on university property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.

(v) Use of university facilities for political activities, as described in this section, must have prior approval of the vice president for business and finance or designee.

(3) Charitable organization use. University facilities may be used to benefit a charitable organization when such use complies with chapter 42.52 RCW, Ethics in Public Service Act. Examples of permitted use include, but are not limited to, the following:

(a) Charities that are licensed in the state of Washington may use university facilities that are 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 facilities without charge by special permission granted by the university president, or designee, or the vice president for business and finance 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

(c) ASEWU, registered student organizations, and university units that have followed university policies and procedures to conduct fund-raising activities and have adhered to all scheduling requirements and other university policies.

(4) Prohibited speech. The following types of speech or materials are prohibited in university facilities or on university property:

(a) Obscene material, as defined by state and federal law;

(b) Defamation or libelous material, as defined by state law;

(d) True threats, as defined by federal law;

(e) Fighting words, as defined by federal law; and

(f) Speech or conduct that will cause a material and substantial disruption of university activities.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-050, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-050, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-060 Solicitation, visual displays and advertising.

(1) Solicitation, handbills, pamphlets, and similar materials.

(a) Anyone may personally distribute noncommercial announcements, handbills, pamphlets, or materials in any outdoor area of campus consistent with the orderly conduct of university operations, maintenance of university property, and the free flow of vehicular and pedestrian traffic. Efforts must be made to avoid litter. Solicitation, or distribution of handbills, pamphlets, and similar materials by anyone is not permitted in those areas of campus to which access by the public is restricted or where the solicitation or distribution would significantly impinge upon the primary business being conducted.

(b) No person shall place in or on any vehicle parked on the university campus, any solicitation devices.

(c) For the purposes of this chapter, the following definition applies: A "solicitation device" is any printed or written matter, sample, or device which:

(i) Advertises for sale any merchandise, product, service, or commodity; or

(ii) Directs attention, either directly or indirectly, to any business or mercantile or commercial establishment, or other activity, for the purpose of promoting an interest in sales or use; or

(iii) Directs attention to or advertises any meeting, performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit.

(2) Signs, posters, tables, and visual displays. To ensure that goals and objectives relating to the appearance of the campus are maintained, the university regulates the content, location, dimensions, and period of display time of posted materials. Posters must be approved by PUB administration, in accordance with university policy, prior to their placement in any campus location. Specific regulations are available to the public in the PUB administration office. An individual or organization must reserve space within a facility before setting up a table in such location.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-060, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-060, filed 1/30/12, effective 3/1/12.

Wash. Admin. Code § 172-137-070 Procedures for reserving university facilities.

This section prescribes procedures for the use of university facilities, by individuals and entities other than the university itself.

(1) Scheduling and reservation practices.

(a) The primary purpose of university facilities is to serve the university's instructional, research, and public service activities. However, designated facilities, when not required for scheduled university use, may be available for rental by the public in accordance with current fee schedules and other relevant terms and conditions. Not all university facilities are available for reservation or request for noninstructional purposes. Information concerning reservation and request procedures for designated facilities available for noninstructional use may be obtained from events planning.

(b) Designated university facilities and services may be reserved in accordance with the procedures below. No university facilities may be used by individuals or groups unless the facilities have been reserved in accordance with this section. Reservations shall be made at least forty-eight hours in advance, excluding weekends and holidays, to events planning or another appropriate university office.

(c) The VP-BF/designee may deny a request to use university facilities when it is determined that the use would violate any of the limitations set forth in this chapter, when the request is for a space previously reserved, where the requestor is unwilling to comply with university requirements for the use of facilities, or for any other content neutral, legitimate business or educational reason.

(2) Requests. Requests for use of university facilities must be directed to the event planning office.

(3) Approval authority.

(a) University employees and university-affiliated groups may use university facilities to hold events for faculty, staff, and students without sponsorship by an academic or administrative unit, or approval by the VP-BF/designee, so long as the use complies with this policy and the policies of the specific facilities involved.

(b) University employees and university-affiliated groups may use university facilities to hold events to which the general public is invited when the event is sponsored by an academic or administrative unit and approved by the VP-BF or designee.

(c) All requests for the use of university facilities by students, nonaffiliated groups, and outside community members, whether sponsored or not, must be approved by the VP-BF or designee. Such requests are subject to the following additional limitations:

(i) Use of the facility must benefit the university;

(ii) The use must be pursuant to a written agreement setting forth the terms and conditions of the proposed use;

(iii) The use by the requestor must be occasional rather than frequent;

(iv) The use must not interfere with any organized university activity or event;

(v) Students or other organizations/individuals with a campus affiliation shall be granted priority over other nonaffiliated groups and outside community members;

(vi) Consideration must be given to the availability of comparable nonuniversity facilities and services which could accommodate the proposed use.

(4) Facility rental/use fees.

(a) The university assesses fees based upon the actual cost, direct and indirect, of using a university facility. Fees for the use of most facilities are set forth on a schedule available on the event planning office website. The university reserves the right to make changes to fees without prior written notice, except that fee changes do not apply to facility use agreements already approved by the university.

(b) In the event that the fee for the use of a particular facility has not been placed on the schedule, and if the university determines to allow the use of the facility, the university will assess a fee based upon the full cost, direct and indirect, of using the facility.

(c) ASEWU and university recognized student organizations may be allowed to use space in many university facilities at no charge or at a reduced rate. The fees charged to ASEWU and university recognized student organizations for facilities are available through the event planning office.

(5) Nontransferability of authorization. A university-affiliated group must reserve university facilities or request services through one of its officers or authorized representatives. A university-affiliated group that reserves a facility or requests services on behalf of the group assumes responsibility for costs associated with the use of those facilities or services and for damage to the facility by group members or other attendees of the event. No group other than the reserving group may use the facility reserved. The reserving group may not transfer control of the event for which the facilities were reserved or the services requested to any other group or individual.

(6) Denial of facility reservation. Any applicant who is denied a reservation for use of a university facility may appeal in writing to the vice president for business and finance or designee. Any applicant who is denied a request on the basis that the event will include prohibited speech shall be offered the opportunity for prompt review upon submission of an appeal in writing to the president or designee.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-065, § 172-137-070, filed 5/15/18, effective 6/15/18. Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-070, filed 1/30/12, effective 3/1/12.

Chapter 172-139 Commercial activities.

Wash. Admin. Code § 172-139-005 Purpose.

This chapter establishes standards for the conduct of commercial activities on Eastern Washington University property by persons or entities. This includes property and facilities that are owned, operated, or otherwise controlled by Eastern Washington University.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-032, § 172-139-005, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 28B.35.120(12). WSR 10-04-072, § 172-139-005, filed 2/1/10, effective 3/4/10.

Wash. Admin. Code § 172-139-010 Commercial activities.

Eastern Washington University property and facilities shall not be used by any person or entity other than the university for commercial solicitation, advertising, or promotional activities except:

(1) By special permission granted by the vice president for business and finance or designee if a contract, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in commercial activity;

(2) Regular advertising, promotions, or sponsorship activities carried on, by, or in any university media, The Easterner, or at intercollegiate events;

(3) In designated areas of the Pence Union Building as set forth in WAC 172-139-020; or

(4) When the activities clearly serve educational objectives. Examples of acceptable activities include the display of books of interest to the academic community, the display or demonstration of technical or research equipment, or other commercial activities that relate to educational objectives. In all cases, such commercial activities must be conducted under the sponsorship or at the request of a university department or of a vice president or authorized designee. Approved commercial activities shall not interfere with or operate to the detriment of the conduct of university affairs or the free flow of pedestrian or vehicular traffic.

History

Statutory Authority: RCW 28B.35.120(12). WSR 22-12-043, § 172-139-010, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-032, § 172-139-010, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 28B.35.120(12). WSR 10-04-072, § 172-139-010, filed 2/1/10, effective 3/4/10. Statutory Authority: RCW 28B.35.120. WSR 92-21-043, § 172-139-010, filed 10/16/92, effective 11/16/92.

Wash. Admin. Code § 172-139-020 Commercial activities in the Pence Union Building.

Commercial advertising and activities are permitted in the limited areas identified by the university in the Pence Union Building (PUB). Individuals, corporations, or entities seeking to engage in commercial activities or advertising within the PUB must obtain approval from the director of the student union building prior to conducting any commercial activity.

The university shall charge vendors for use of PUB facilities.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-21-032, § 172-139-020, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 28B.35.120(12). WSR 10-04-072, § 172-139-020, filed 2/1/10, effective 3/4/10. Statutory Authority: RCW 28B.35.120. WSR 92-21-043, § 172-139-020, filed 10/16/92, effective 11/16/92.

Wash. Admin. Code § 172-139-040 Penalties for violations of commercial activities regulations.

(1) Any violation of this chapter by a student of Eastern Washington University is a violation of the student conduct code, WAC 172-121-200.

(2) Nonstudents violating this chapter may be referred to civil authorities for appropriate prosecutions, including violations of the laws of criminal trespass and/or litter control.

History

Statutory Authority: RCW 28B.35.120(12). WSR 10-04-072, § 172-139-040, filed 2/1/10, effective 3/4/10. Statutory Authority: RCW 28B.35.120. WSR 92-21-043, § 172-139-040, filed 10/16/92, effective 11/16/92.

Chapter 172-141 Use of outdoor areas for first amendment activities.

Wash. Admin. Code § 172-141-010 Commitment and purpose.

Eastern Washington University is committed to freedom of expression and first amendment principles. Active participation in dialogue and expression is a vital part of higher education. Listening to and engaging with various viewpoints transforms students into informed citizens. Thus, the university believes freedom of expression is indispensable and is committed to respecting and promoting first amendment rights.

As an educational institution, the university's property and facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of university groups, student activities, and activities directly related to the educational mission of the university. The public character of the university does not grant individuals the right to substantially interfere with, or otherwise disrupt, the normal activities for and to which the university's facilities and property are dedicated. Accordingly, the university's outdoor areas are designated as a public forum for the purposes identified in this chapter and subject to the time, place and manner provisions set forth below.

The time, place, and manner regulations set forth in this chapter establish procedures and reasonable controls for the use of university property. It is intended to balance the university's responsibility to fulfill its mission as a state educational institution with the interest of persons and groups who are interested in using the campus for constitutionally protected expression. Due to the nature of its purpose, the university prioritizes use for university employees, students, and university-affiliated groups. The university intends to open its outdoor spaces to nonuniversity affiliated groups and persons to the extent such usage does not conflict with the rights of university employees, students, and university-affiliated groups or substantially disrupt the university's operations and functions.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-066, § 172-141-010, filed 5/15/18, effective 6/15/18.

Wash. Admin. Code § 172-141-020 Scope.

The regulations contained in this chapter apply to all first amendment activities, as defined below, occurring in open areas on university property. These regulations do not apply to first amendment activities inside of a university facility or off campus. University buildings, rooms, and athletic fields may be rented and/or reserved for nonuniversity purposes in accordance with chapter 172-137 WAC.

This chapter does not apply to the area surrounding the university house. The university house is primarily a personal residence and is not open to the public. It is accessible by invitation only and is not a designated area for public expression. Rallies, demonstrations, and other forms of public expression are not permitted at any time on the grounds of the university house. Given the nature of the university house as a residential home, any assembly or advocacy may not occur within the fenced area surrounding the university house or within one hundred feet of any door on the house.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-066, § 172-141-020, filed 5/15/18, effective 6/15/18.

Wash. Admin. Code § 172-141-030 Definitions.

"Employees" includes all people currently employed by the university.

"First amendment activities" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speechmaking, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and/or other types of constitutionally protected assemblies to share information, perspectives, or viewpoints. The following types of expression are not permitted under this chapter and are not protected by the first amendment:

(a) Obscene material, as defined by state and federal law;

(b) Defamation or libelous material, as defined by state law;

(d) True threats, as defined by federal law;

(e) Fighting words, as defined by federal law; and

(f) Speech or conduct that causes a material and substantial disruption of university activities.

"Nonaffiliated groups" is groups that are not affiliated with the university. Nonaffiliated groups include employee union organizations, businesses, nonprofit organizations, advocacy groups, and religious entities, as well as the individuals belonging to such groups.

"Outside community members" means individuals who are not employees, students, or part of a university-affiliated group.

"Students" includes all people currently enrolled in classes at the university.

"University-affiliated groups" includes any group formally recognized by or a part of the university, such as associated students of Eastern Washington University (ASEWU), student groups officially recognized by ASEWU, The Easterner, the faculty organization, academic senate, and any other group formally recognized by or directly associated with and a part of the university. It also includes external entities that have a close relationship with the university, including the EWU foundation, the EWU alumni association, and the attorney general's office. University-affiliated groups also include the individual members or employees of such groups when acting on behalf of the group.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-066, § 172-141-030, filed 5/15/18, effective 6/15/18.

Wash. Admin. Code § 172-141-040 Use of outdoor space and notification.

(1) Use of outdoor space. University employees, students, university-affiliated groups, nonaffiliated groups, and outside community members may engage in first amendment activities in open, outdoor spaces on the university's Cheney campus between the hours of 6:00 a.m. and 10:00 p.m. and subject to the restrictions identified in WAC 172-141-050.

(2) Notification. Individuals and groups who are planning on engaging in first amendment activities on campus are encouraged to notify the university police at 509-359-4021 at least twenty-four hours in advance of the activity to ensure adequate safety measures are in place, to acknowledge receipt of these rules, and to ensure there are no scheduling conflicts for the area they are planning to use. This notice does not involve an application or approval process. When providing the notification, groups are encouraged to provide the name of their organization, a contact person, the date, time, and location of the proposed activity, and the estimated number of people expected to participate in the activity. Additional rules apply to large groups as set forth in subsection (3) of this section.

(3) Large groups. If an activity is likely to attract one hundred or more attendees or counter-protestors, individuals and groups are required to contact university police at 509-359-4021 at least three days in advance of the activity. Advanced notice is required in such situations because large groups require additional safety and security planning. The purpose and elements of this notice are the same as those specified in subsection (2) of this section.

(4) Other campuses. The use of public spaces on the Spokane campus is governed by Washington State University pursuant to chapter 504-33 WAC. The use of public spaces on the Bellevue campus is governed by Bellevue College under chapter 132H-142 WAC.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-066, § 172-141-040, filed 5/15/18, effective 6/15/18.

Wash. Admin. Code § 172-141-050 Restrictions on use of university property.

Use of university property for first amendment activities by university employees, students, university-affiliated groups, nonaffiliated groups, and outside community members is subject to the following restrictions:

(1) Obstruction. No activity may obstruct or disrupt university operations or functions. No activity may obstruct freedom of movement, including, but not limited to, obstructing entrances, exits, staircases, doorways, hallways, or the safe and efficient flow of people and vehicles.

(2) Sound amplification. Any sound amplification device may only be used at a volume that does not disrupt or disturb the normal use of university classrooms, offices, laboratories, meeting space, or any previously scheduled university activity.

(3) Overnight use. No person may camp on university property, except for attendees of special events designated by the university, such as during home football games, commencement or special student activities. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. This does not include use of university housing or employees who are required to work at night.

(4) Clean-up and repairs. All sites used for first amendment activities must be left in their original condition and may be subject to inspection by a university representative after the activity. Reasonable charges may be assessed against an individual or group for the costs of cleaning up the condition of the property beyond reasonable wear and tear or for the repair of damaged property.

(5) Harassment. EWU is committed to providing an educational and work environment in accordance with federal law. As such, EWU prohibits people who are using campus property from engaging in harassment. Harassment is defined as conduct by any means that is sufficiently severe, pervasive, or persistent, and objectively offensive so as to threaten an individual or limit the individual's ability to work, study, participate in, or benefit from the university's programs or activities.

(6) Safety. People using university property must comply with all applicable university policies, procedures, rules and regulations; local, state, and federal laws; and fire, health and safety regulations. Any first amendment activities must not create safety hazards or pose safety risks to others.

(7) Noninterference. First amendment activities must not substantially and materially interfere with university activities or otherwise prevent the university from fulfilling and achieving its primary purpose of educating students. Activities must not substantially and materially infringe on the rights and privileges of university employees, students, or university-affiliated groups.

(8) Time limitations. To ensure space is available for everyone, use of the campus for first amendment activities may be limited to not more than eight hours per day and for not more than five days during any two-week period when there is a competing request to use the same space or if continuing use of the space conflicts with an existing reservation for the space.

(9) Reservations. University employees, students, and university-affiliated groups may reserve outdoor space on campus for university-sponsored activities. Reservation of university facilities is governed by chapter 172-137 WAC. If space is reserved for a university-sponsored activity, other persons and groups may be prohibited from engaging in first amendment activities in the reserved space. In such cases, a university representative will suggest another area on campus for the first amendment activities.

(10) Termination or restriction of license. These regulations grant people and groups a limited license to use university property. The university president or designee may, at any time, terminate, cancel, relocate, or prohibit the use of facilities or campus property if an activity is violating these regulations or substantially and materially disrupting or interfering with university operations and functions. Additionally, the university president or designee may, at any time, terminate, cancel, relocate, or prohibit the use of facilities or campus property if reasonably necessary to prevent, stop, or otherwise mitigate: (a) Substantial harm or a threat of substantial harm to the safety of persons; (b) substantial damage to property; or (c) substantial disruption of university functions or operations. Such determinations will be made without consideration to the content of the message communicated by the activity. If a person or group is violating these regulations or any other regulations governing conduct on university property, the person will be advised of the specific nature of the violation, and if they persist in the violation, they may be asked to leave campus in accordance with WAC 172-122-200 and their license to remain on campus is terminated.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-06-020, s 172-141-050, filed 2/20/26, effective 3/23/26. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-066, § 172-141-050, filed 5/15/18, effective 6/15/18.

Wash. Admin. Code § 172-141-060 Distribution of materials.

Information that falls within the definition of "first amendment activities" as set forth in WAC 172-141-030, may be distributed in open spaces on campus. The distributor is encouraged, but not required, to include its name and address on the distributed information. All individuals and groups may distribute information in outdoor space. Anyone may personally distribute noncommercial announcements, handbills, pamphlets, or materials in any outdoor area of campus consistent with the orderly conduct of university operations, maintenance of university property, and the free flow of vehicular and pedestrian traffic. Efforts must be made to avoid litter. Materials may not be posted or affixed to any university property unless such posting is done in accordance with the university's poster policy. A copy of the poster policy is available on the university's website.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-11-066, § 172-141-060, filed 5/15/18, effective 6/15/18.

Chapter 172-144 Outstanding financial obligations to the university.

Wash. Admin. Code § 172-144-100 Applicability.

The provisions of this chapter shall be used to pursue recovery of outstanding financial obligations owed to the university. This chapter does not apply to wage overpayments to persons who are current university employees. Wage overpayments for current university employees are handled consistent with RCW 49.48.200- 49.48.210.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-047, § 172-144-100, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-144-110 Notice of outstanding financial obligation.

(1) Whenever the university determines that a debt owed to the university is outstanding, the university shall provide written notice to the debtor. The notice shall include:

(a) The amount of the debt owed to the university,

(b) The basis for the claim,

(d) Notification of the right of the debtor to challenge the debt by requesting a brief adjudicative proceeding by submitting a request within twenty-one calendar days of the notice.

(2) The notice must be served on the debtor. Service may be accomplished by:

(a) Posting the notice in the United States mail, properly addressed to the last known address on file for the debtor with postage prepaid;

(b) Personally serving the debtor; or,

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-047, § 172-144-110, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-144-120 Debtor requests for brief adjudicative proceedings.

If a debtor disagrees with the notice of outstanding financial obligation issued by the university, the debtor can challenge the debt by filing a request for a brief adjudicative proceeding. The university must receive the request within twenty-one days after service of the notice of outstanding financial obligation. If a request is not received within twenty-one days, the university's determination of the amount of debt owed is a final order.

The request must be submitted to the university's Chief Financial Officer, 307 Showalter Hall, Cheney, WA 99004. The request must set forth which debt is being contested and the reasons the debtor believes the notice was incorrect.

Upon receiving the request for a brief adjudicative proceeding, the Chief Financial Officer will appoint a presiding officer to conduct a brief adjudicative proceeding. The brief adjudicative proceeding will be conducted in accordance with the university's rules for adjudicative proceedings, chapter 172-108 WAC.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-047, § 172-144-120, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-144-130 Final order.

If a debtor fails to timely request a brief adjudicative proceeding, the university's notice of the debt owed becomes a final order. If the debtor timely requests a brief adjudicative proceeding, at the conclusion of the proceedings identified in WAC 172-108-070, the university will issue a final order specifying what, if any, debt is owed to the university and a time period during which the debtor must pay the debt.

History

Statutory Authority: RCW 28B.35.120(12). WSR 15-24-047, § 172-144-130, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 172-144-140 Collection of outstanding financial obligations.

After making a final determination regarding a person/entity's outstanding financial obligation, if the debtor fails to pay the debt within the time specified by the university, the university may pursue any lawful means to collect the debt. This includes, but is not limited to:

(1) Registration/Transcripts: The university may withhold admission or registration privileges, or conferring of degrees for a person who has an outstanding financial obligation to the university, even if the debt has been assigned to another agency, entity, or department. The university will only withhold registration privileges for debts related to tuition, fees, room and board fees, or financial aid funds owed. In accordance with RCW 28B.10.293, prior to any academic term where registration privileges are withheld, the university will provide the student with information about:

(a) The amount of debt owed by the student to the university;

(b) Information on payment of the debt, including who to contact to set up a payment plan; and

(2) Collections: If the debt remains unpaid for more than 30 days after notice of the university's final determination, the university may assign the debt to a collection agency in accordance with RCW 19.16.050. If the debt is assigned to a collection agency, the debtor is responsible for all collection fees, which may be based on a percentage up to fifty percent of the unpaid charges, and all costs and expenses, including attorneys' fees related to collection of the unpaid debt.

(3) Civil Action: The university may initiate a civil action against the debtor to recover the debt.

(4) Travel Costs: Financial obligations which result from travel advances or travel-related expenditures will be addressed and collected consistent with the office of financial management's policies.

(5) Other: The university may pursue any other lawful means of recovering the outstanding financial obligation.

History

Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 20-21-025, § 172-144-140, filed 10/9/20, effective 11/9/20. Statutory Authority: RCW 28B.35.120(12). WSR 15-24-047, § 172-144-140, filed 11/23/15, effective 12/24/15.

Chapter 172-168 Library policies.

Wash. Admin. Code § 172-168-010 Eastern Washington University libraries.

Eastern Washington University (EWU) libraries exist first and foremost to serve the needs of EWU students and faculty. EWU libraries also serve the rest of the university community, the regional needs of Eastern Washington, and the general community.

History

Statutory Authority: RCW 28B.35.120(12). WSR 11-23-113, § 172-168-010, filed 11/21/11, effective 12/22/11. Statutory Authority: RCW 28B.35.120. WSR 82-07-064 (Resolution No. 82-02), § 172-168-010, filed 3/22/82
Order 73-10, § 172-168-010, filed 4/18/73.

Wash. Admin. Code § 172-168-025 Eligible library users.

EWU libraries are open to the public. However, children under twelve years of age must be accompanied by an adult or have prearranged permission from the senior staff member on duty. Borrowing privileges and other library services are limited to the following users:

(1) Current students, faculty, staff and trustees;

(2) Eligible users through the Orbis Cascade Alliance or through other reciprocal agreements;

(3) Other libraries through interlibrary loans;

(4) Emeriti faculty;

(5) Spokane-area residents, not affiliated with EWU, who obtain a community member borrower's card;

(6) Other individuals as determined by the dean of libraries;

(7) Children between twelve and seventeen years of age may be issued a borrower's card provided the card is co-signed by the child's parent or guardian.

History

Statutory Authority: RCW 28B.35.120(12). WSR 11-23-113, § 172-168-025, filed 11/21/11, effective 12/22/11.

Wash. Admin. Code § 172-168-035 Conduct.

Users of EWU libraries' facilities shall maintain appropriate public behavior and comply with all library policies. Violators of library policies may be subject to disciplinary action including, but not limited to, assessment of fines, fees, or other service charges and revocation of library privileges. Use of the library may be denied to anyone for abuse of library services or resources.

History

Statutory Authority: RCW 28B.35.120(12). WSR 11-23-113, § 172-168-035, filed 11/21/11, effective 12/22/11.

Wash. Admin. Code § 172-168-040 Inspection.

Briefcases, backpacks, and any other containers or items being carried out of library facilities may be inspected. Inspections may be performed by employees or through the use of electronic equipment or other devices.

History

Statutory Authority: RCW 28B.35.120(12). WSR 11-23-113, § 172-168-040, filed 11/21/11, effective 12/22/11
Order 73-10, § 172-168-040, filed 4/18/73.

Chapter 172-191 Student education records.

Wash. Admin. Code § 172-191-010 Purpose.

The purpose of this chapter is to establish rules and procedures to comply with the requirements of the Family Educational Rights and Privacy Act of 1974 (FERPA) 20 U.S.C. Sec. 1232g. FERPA provides students with the following rights:

(1) The right to inspect and review their education records;

(2) The right to seek amendment of their education records to correct information which they believe is inaccurate, misleading or otherwise in violation of student privacy rights;

(3) The right to consent to disclosure of personally identifiable information, except for disclosure to school officials with a legitimate educational interest and except to the extent FERPA authorizes disclosure without consent; and

(4) The right to be informed annually of their rights under the act if they are currently in attendance.

The remainder of this chapter details how these rights shall be administered and protected for students of Eastern Washington University.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-010, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-020 Definitions.

The following definitions shall apply in interpreting these regulations:

"Attendance" includes, but is not limited to:

(a) Attendance in person or by paper correspondence, video conference, satellite, internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and

(b) The period during which a person is working under a work-study program.

"Biometric record" as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

"Education record" is defined as any record maintained by the institution or by a person acting for the institution that is directly related to the student.

(a) Education records include, but are not limited to:

(i) Official transcripts of courses taken and grades received; records relating to prior educational experience; and admission records;

(ii) Tuition and payment records;

(iii) Student disciplinary records;

(iv) Course records (e.g., examinations, term papers, essays, etc.); and

(v) Employment records based on student status are part of the student's education record (e.g., workstudy and graduate assistant teaching).

(b) Education records do not include the following:

(i) Records that are in the sole possession of the maker and are not accessible or revealed to any other person except a temporary substitute for the maker of the record (e.g., private advising notes);

(ii) Law enforcement records created by Eastern Washington University campus police for the purposes of law enforcement, except that records created by another university department remain education records while in the possession of university police;

(iii) Employment records that are maintained in the normal course of business relating exclusively to the individual in that person's capacity as an employee and are not available for any other purpose;

(iv) Health care records on a student that are created or maintained by a health care provider or health care facility, including, but not limited to, a physician, psychiatrist, psychologist or paraprofessional acting in a professional capacity or assisting in connection with the treatment of the student and disclosed only to those individuals providing treatment or a health care provider of the student's choice (see also chapter 70.02 RCW);

(v) Records that only contain information about an individual after he or she is no longer a student at that agency or institution and that are not directly related to the individual's attendance as a student (e.g., alumni records); and

(vi) Grades on peer-graded papers before they are collected and recorded by a faculty member.

"Parent" is defined as a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

"Personally identifiable information" includes, but is not limited to, the student's name; the name of the student's parent or other family member; the address of the student or student's family; a personal identifier such as the student's Social Security number or student number; student's date of birth, student's place of birth, student's mother's maiden name; biometric record, or other information that alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the university reasonably believes knows the identity of the student to whom the education record relates.

"Record" means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

"Student" is defined as any person who is or has been in attendance at Eastern Washington University for whom the university maintains educational records.

"Student net ID" means a unique identifier that allows students to use the university network domain.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-020, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-030 Annual notification of rights.

Eastern Washington University will provide students, who are currently attending, annual notification of their rights as required by the Family Educational Rights and Privacy Act. Notice will be provided through university catalogs, quarterly course announcements, or other publications and media that the university deems appropriate. Copies of the university rules are available through the Washington Administrative Code. The university will make copies available to students, if requested. At a minimum, annual notification will include the following information:

(1) Rights and procedures related to inspection, review, and requests to amend education records;

(2) Rights to consent to disclosure of personally identifiable information contained in student records, except to the extent that such disclosure is legally authorized without consent;

(3) Rights to file a complaint with the department of education concerning alleged failures of the institution to comply with FERPA; and

(4) University policies related to disclosure of education records to school officials with a legitimate educational interest.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-030, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-040 Right of review and inspection.

Any student shall have a right, subject to the limitations described below, to inspect and review his or her education records maintained by the university.

(1) The university may require proof of identification such as: A driver's license; university student identification card; or other photographic identification.

(2) The university will comply with a request for access to education records within a reasonable period of time, but not more than forty-five days after it has received the request.

(3) Restrictions:

(a) Financial records of the parents of a student or any information contained therein shall not be made available to the student.

(b) Confidential letters and statements of recommendation, which were placed in a student's education records before January 1, 1975, shall not be made available to the student unless such letters or statements were used for purposes other than those for which they were specifically intended.

(c) Confidential letters and statements of recommendation, which were placed in a student's education records on or after January 1, 1975, shall not be made available to the student if:

(i) The student has waived his or her right to inspect and review those items in accordance with subsection (4) of this section; and

(ii) The letters and statements involved relate to the student's:

(A) Admission to any educational institution;

(B) Application for employment; or

(d) The right to review and inspect does not include records made, maintained, or used by the institution that do not constitute an education record.

(e) In the case of any education records relating to a student which also include information regarding another student or students, the right to review and respect is limited to the information related to the student making the request. Responsible university officials will redact any personally identifiable information relating to any other student(s).

(4) Waivers: A student or a person applying for admission may waive his/her right of access to confidential statements described in subsection (3)(c)(ii) of this section.

(a) Such waivers may not be required as a condition for admission or receipt of a service or benefit from the institution.

(b) Such waivers shall apply to recommendations only if:

(i) The student is, upon request, notified of the names of all persons making confidential recommendations; and

(ii) Such recommendations are used solely for the purpose for which they were specifically intended.

(d) Waivers may be revoked, in writing, by the student; however, the revocation will be effective only for confidential statements or records dated after the revocation.

(5) Destruction of records: Student education records may be destroyed in accordance with the university's approved retention schedule. In no case will any record which is requested by a student for review in accordance with these regulations be removed or destroyed prior to final disposition of the records request.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-040, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-050 Obtaining copies of records.

Students may obtain copies of their education records. The office of the registrar is the only office which may issue an official transcript of the student's academic record. Charges for copies shall not exceed the cost normally charged by the university copy center (except in cases where charges have previously been approved for certain specified services).

(1) The university may refuse to provide copies of education records including transcripts and diplomas in the following circumstances:

(a) If the record is a secure exam as determined by the department that maintains the exam, so that the integrity of such exams may be protected; and/or

(b) If disciplinary action is pending or sanctions are not completed.

(2) The university must provide copies of education records, subject to the provisions of subsection (1) of this section, in the following circumstances:

(a) If failure to do so would effectively prevent the student from inspecting and reviewing a record;

(b) When records are released pursuant to a student's consent and the student requests copies; and/or

(c) When the records are transferred to another educational institution where the student seeks to attend or intends to enroll and the student requests copies.

History

Statutory Authority: RCW 28B.35.120(12). WSR 21-01-103, § 172-191-050, filed 12/11/20, effective 1/11/21
WSR 09-19-064, § 172-191-050, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-060 Amendment of records.

If a student believes his/her education records contain information that is inaccurate, misleading or in violation of the student's rights of privacy, the student may ask the university to amend the record. Requests for amendment must be submitted to the registrar's office in writing. The registrar will review the request and may consult other university personnel who participated in creation of the record to determine whether to grant the request for amendment.

(1) If the university decides to grant the student's request, the university shall amend the education record and the registrar will inform the student of the action taken. Such notification will be in writing and will be made within a reasonable time.

(2) If the university decides not to amend the education record as requested, the registrar will notify the student in writing within a reasonable time after receiving the request for amendment. Notification will also inform the student of his/her right to a hearing as detailed in WAC 172-191-070.

(3) If a student wants a hearing, the student must make a written request within ninety days of the date of the denial. The request shall be submitted to the registrar and must identify why the student believes the information contained in the education record(s) is inaccurate, misleading, or in violation of the privacy rights of the student.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-060, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-070 Hearings.

Following receipt of a request for a hearing under WAC 172-191-060, the registrar will schedule the hearing. The assistant vice president and registrar or his/her designee will act as the hearing officer and will provide the student with written notice of the hearing's date, time and place reasonably in advance of the hearing. The student will be provided an opportunity to present evidence relevant to the contested part of the education record. The student may, at his/her own expense, be assisted or represented by one or more individuals of his/her own choice, including an attorney.

(1) The assistant vice president and registrar or his/her designee will render his/her decision in writing within a reasonable period of time following the hearing. The decision of the officer shall be the university's final decision. The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. The assistant vice president and registrar or his/her designee cannot have a direct interest in the outcome of the hearing.

(2) If the assistant vice president and registrar or his/her designee determines that the record is inaccurate, misleading, or in violation of the privacy rights of the student and grants the student's appeal, the assistant vice president and registrar or his/her designee will amend the education records of the student accordingly and inform the student in writing of his/her decision and of the amendment.

(3) If the assistant vice president and registrar or his/her designee determines that the record is accurate, not misleading and not in violation of the privacy rights of the student and denies the student's appeal, the assistant vice president and registrar or his/her designee shall notify the student of his/her decision in writing and shall inform them of the right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the decision of the university or both. The university must maintain the statement with the contested part of the record for as long as the record is maintained and must disclose the statement whenever it discloses the portion of the record to which the statement relates.

(4) The appropriateness of official academic grades is not subject to review pursuant to this process.

History

Statutory Authority: RCW 28B.35.120(12). WSR 20-12-061, § 172-191-070, filed 5/29/20, effective 6/29/20
WSR 09-19-064, § 172-191-070, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-080 Disclosure of education records requiring consent.

Students shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from a student's education records, except as provided by WAC 172-191-090. The written consent must:

(1) Specify the records that may be disclosed;

(2) State the purpose of the disclosure; and

(3) Identify the party or class of parties to whom the disclosure may be made.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-080, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-090 Disclosures authorized without consent.

The university will use reasonable methods to identify and authenticate the identity of persons to whom it discloses personally identifiable information from education records and will not permit the access to or the release of education records or personally identifiable information other than "directory information" as defined in WAC 172-191-100, without the student's consent, to any party other than the following:

(1) Agencies or organizations requesting information in connection with a student's application for, or receipt of, financial aid if the information is necessary to:

(a) Determine eligibility for financial aid;

(b) Determine the amount of financial aid;

(d) Enforce the terms and conditions of financial aid.

(2) Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state or local authorities requiring access to education records, in connection with the audit or evaluation of a federal or state supported education program or in connection with the enforcement of or compliance with federal legal requirements which relate to such a program.

(3) School officials who have a legitimate educational interest in the records.

(a) A "school official" is:

(i) A person employed by the university in an administrative, supervisory, academic, research, support staff, law enforcement, or health care service position;

(ii) A person serving on the university's board of trustees;

(iii) A student serving on an official university committee or assisting another school official in fulfilling their professional responsibilities (examples include, but are not limited to, service on a disciplinary committee and work study students); and

(iv) A contractor, consultant, volunteer or other party to whom the university has outsourced to provide a service and/or to assist another school official in conducting official business (examples include, but are not limited to, an attorney, an auditor, a collection agency, or the National Student Clearinghouse, an agency which acts as a clearinghouse for student loan deferment reporting).

(b) "Legitimate educational interest" exists if the information requested by the school official is necessary for the official to perform a task specified in his/her position description or contract agreement including: The performance of a task related to a student's education; the performance of a task related to the discipline of a student; the provision of a service or benefit relating to the student or student's family, such as a health education, counseling, advising, student employment, financial aid, or other student service related assistance; the maintenance of the safety and security of the campus; and/or the provision of legal assistance regarding a student matter.

(4) Parent of a minor student or a nonminor dependent student, as defined in the Internal Revenue Code and upon submission of a copy of the most recent Internal Revenue Service annual tax return showing the student as a dependent.

(5) Officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.

(6) Organizations conducting studies for, or on behalf of, the university for the purpose of developing, validating, or administering predictive tests; administering student aid programs; or improving instruction, if the studies are conducted in a manner that will not permit the personal identification of students or their parents by persons other than representatives of such organizations who have legitimate interests in the information; such information will be destroyed when no longer needed for the purposes for which it was provided; and the university enters into a written agreement with the organization that specifies the purpose, scope and duration of the study and the information to be disclosed, requires the organization to use personally identifiable information from education records only to meet the purpose(s) of the study as stated in the written agreement; and requires the organization to conduct the study in a manner that does not permit personal identification of parents and students to anyone other than representatives of the organization with legitimate interests, and requires the organization to destroy or return all personally identifiable information within a specified time period when it is no longer needed for the purposes for which the study was conducted.

(7) Accrediting organizations to carry out accreditation functions.

(8) Persons or entities designated by a judicial order or lawfully issued subpoena, upon the condition that the university makes a reasonable effort to notify the student of all such orders or subpoenas and of its intent to release records in advance of compliance with the order or subpoena, unless:

(a) It is a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

(b) A subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response not be disclosed; or

(c) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b (g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.

(9) Appropriate persons, including parents of an eligible student, in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of the student or other individuals.

(10) Persons who request information that is designated as "directory information."

(11) Victims alleging a crime of violence or a nonforcible sex offense, the final results of a disciplinary proceeding conducted by the university after October 7, 1998, with respect to the alleged crime or offense. Disclosure is permitted regardless of whether the university concluded a violation was committed.

(12) To others, the final results of the disciplinary proceeding when, at its discretion the university believes that disclosure will serve a legitimate educational interest, and determines through a disciplinary proceeding conducted under its student conduct code that the alleged student perpetrator committed a crime of violence or a nonforcible sexual offense that is a violation of the university's rules or policies with respect to such crime or offense. For purposes of this subsection, "final results" means the name of the student perpetrator, the violation committed, and any sanction imposed by the university on that student. Names of other students involved in the violation, such as a victim or witness, will be released only with the written consent of those students.

(13) Parent of a student of the university regarding the student's violation of any federal, state, or local law, or of any rule or policy of the university, governing the use of alcohol or controlled substance, if the student is under the age of twenty-one, and the university had determined that the student has committed a disciplinary violation with respect to that use or possession.

(14) When a parent or eligible student initiates legal action against the university or when the university initiates legal action against the parent or eligible student, the university may disclose to the court any education records of the student that are relevant to the legal action.

(15) Students upon providing evidence sufficient to demonstrate that the requesting individual is in fact the student to whom the records relate such as: A driver's license; a university student identification card; or other photographic identification.

(16) For deceased students, members of the family or other persons with the written approval of the family or representatives of the estate. The request for education records must be accompanied by a copy of the death certificate or obituary. Absent written approval from the family or representative of the estate, only directory information will be disclosed to persons upon request.

(17) The disclosure concerns sex offenders and other offenders required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable federal guidelines.

(18) The disclosure involves records or information from which all personally identifiable information has been removed.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-090, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-100 Directory information.

Directory information is defined to include: Student's name, university email address, telephone number; participation in officially recognized activities and sports; weight, height and the month and day of birth for athletic team members; dates of attendance at the university, enrollment status, and class standing; major field of study, degrees and awards received; and the most recent previous educational agency or institution attended by the student.

The university may release "directory information" unless the student submits a formal request restricting the disclosure of the information to the registrar's office. A student's election to opt out of directory information disclosures does not prevent the university from disclosing or requiring a student to disclose their name, identifier, or university email address in a class in which the student is enrolled.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-076, s 172-191-100, filed 12/12/25, effective 1/12/26
WSR 20-12-061, § 172-191-100, filed 5/29/20, effective 6/29/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 18-06-024, § 172-191-100, filed 2/27/18, effective 3/30/18. Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-100, filed 9/14/09, effective 10/15/09.

Wash. Admin. Code § 172-191-110 Right to file a complaint.

Students may file a written complaint with the Family Policy Compliance Office of the U.S. Department of Education concerning alleged failures by the university to comply with the requirements of the Family Educational Rights and Privacy Act or its implementing regulations.

History

Statutory Authority: RCW 28B.35.120(12). WSR 09-19-064, § 172-191-110, filed 9/14/09, effective 10/15/09.

Chapter 172-325 Environmental policy.

Wash. Admin. Code § 172-325-010 State Environmental Policy Act (SEPA).

It is the policy of Eastern Washington University that any project shall be accomplished in compliance with chapter 43.21C RCW, the State Environmental Policy Act (SEPA) and in accordance with chapter 197-11 WAC, guidelines for the State Environmental Policy Act implementation. Further, it is the policy of the university to provide leadership in resource conservation and environmental protection. Environmental issues will be considered in the decision-making and planning process. To this end, Eastern Washington University adopts by reference chapter 197-11 WAC SEPA guidelines and all subsequent amendments thereto.

In compliance with chapter 197-11 WAC, the vice president of business and strategy is the responsible official for carrying out this policy.

History

Statutory Authority: RCW 28B.35.120(12). WSR 26-01-083, s 172-325-010, filed 12/15/25, effective 1/15/26. Statutory Authority: RCW 28B.35.120. WSR 92-21-047, § 172-325-010, filed 10/16/92, effective 11/16/92. Statutory Authority: RCW 28B.35.120(12). WSR 92-09-104, § 172-325-010, filed 4/20/92, effective 5/21/92. Statutory Authority: RCW 28B.35.120 and 43.21C.120. WSR 83-23-100 (Order 83-02), § 172-325-010, filed 11/23/83.

Chapter 172-330 Small works roster.

Wash. Admin. Code § 172-330-010 Purpose and authority.

This chapter of the Washington Administrative Code is adopted pursuant to RCW 39.04.151. This chapter sets forth the procedures for Eastern Washington University's (EWU) use of small works rosters for different specialties, categories of anticipated work, and geographical locations consistent with RCW 39.04.151 and the model rules issued by the department of enterprise services in chapter 200-330 WAC. The vice president for business and finance, or designee, is authorized to establish additional procedures for EWU's use of statewide and independent small works rosters.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.151. WSR 25-01-082, s 172-330-010, filed 12/13/24, effective 1/13/25.

Wash. Admin. Code § 172-330-020 Definitions.

As used in this chapter the terms:

(1) "Contracting agency" means EWU.

(2) "Independent roster" means a small works roster established by EWU by itself or with another contracting agency.

(3) "MRSC" means the municipal research and services center.

(4) "OMWBE" means the office of minority and women's business enterprises.

(5) "Publicly available" means published on EWU's public website.

(6) "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of EWU, or which is by law a lien or charge on any property therein. "Public work" does not include work, construction, alteration, repair, or improvement performed under contracts entered into under RCW 39.102.060(4) or other development agreements entered into under RCW 36.102.060(7) or leases entered into under RCW 36.102.060(8).

(7) "Statewide roster" means the statewide small works roster developed by the department of commerce through MRSC.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.151. WSR 25-01-082, s 172-330-020, filed 12/13/24, effective 1/13/25.

Wash. Admin. Code § 172-330-030 Roster requirements.

EWU is encouraged to use the statewide roster to promote administrative efficiency. The statewide roster must meet all of the requirements set forth in WAC 200-330-035. If EWU chooses to create its own small works roster, the roster must meet the requirements of RCW 39.04.151, 39.04.152, and the following:

(1) Roster inclusion. All qualified responsible, licensed contractors must be included on the roster at their request. Potential contractors must complete an application with EWU to be placed on the roster. Applications may be submitted at any time.

(2) Contact information. Contractors on the roster must designate an official email to receive bid notifications from EWU.

(3) Contractor recordkeeping. Contractors included on EWU's roster must keep records of applicable licenses, certifications, registrations, bonding, and insurance as required by RCW 39.04.350. This information must be made immediately available to EWU upon request.

(4) Small and diverse business certification.

(a) At the time of a contractor's application to be included on the roster, the contractor must indicate its certification status with OMWBE and the department of veterans affairs.

(b) EWU must be able to download data from OMWBE and the department of veterans affairs to obtain current information on contractor certifications at the time of solicitation.

(5) Denial or removal of contractors from small works roster. 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:

(a) The contractor has failed to respond to five solicitations for bids on jobs offered through the small works roster;

(b) The contractor does not meet the responsible bidder provisions contained in RCW 39.04.350; or

(c) The contractor does not meet supplemental criteria identified by EWU for a specific project consistent with RCW 39.04.350.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.151. WSR 25-01-082, s 172-330-030, filed 12/13/24, effective 1/13/25.

Wash. Admin. Code § 172-330-100 Small works competitive contracting.

(1) Small works bid process. Whenever the estimated cost of construction for a project does not exceed $350,000 or the current threshold set in RCW 39.04.152, excluding state sales tax, EWU may use the small works competitive contracting process. EWU may either use the statewide roster or establish its own small works roster. Under the small works bid process, contractors included on a small works roster are invited to submit bids for small works projects. No project shall be broken into units or phases for the purpose of allowing the project to qualify for a small works roster process.

(2) Requirements. The small works bid process must meet all of the requirements of RCW 39.04.151, 39.04.152, and chapter 200-330 WAC. This includes, but is not limited to, the following requirements:

(a) Invitations to bid.

(i) Invitations to bid must include:

(A) Plans, specifications, and an estimate of the work sufficient to define the work and for the contractor to generate a bid; and

(B) A date and time for receipt of bids through the designated bidding system.

(ii) EWU must provide an invitation to bid to all contractors on the appropriate roster category associated with the work to be performed.

(b) Estimated cost. EWU's estimate of the work must be equal to or under the cost limit specified in RCW 39.04.152 to solicit bids under the small works competitive contracting process. EWU may award contracts for more than this amount if the contract cost is not excessive or does not constitute a cardinal change. A general guideline is that 10 percent or less of the statutory bid limit will not constitute a cardinal change.

(c) Change orders. Change orders may be added to the contract amount at the discretion of EWU if the change orders are necessary to complete the work described in the plans, specifications, and estimate, or do not constitute a cardinal change. EWU shall not use change orders to avoid the statutory bid limit for this type of solicitation.

(d) Retainage. Retainage may be waived or reduced by EWU. If EWU waives or reduces retainage, the waiver or reduction must be indicated in the invitation to bid at the time of solicitation, and EWU then assumes liability for any unpaid wages and taxes.

(e) Bid acceptance. EWU:

(i) Must accept written quotations or accept quotations through electronic methods such as electronic mail or an electronic bid system;

(ii) Shall not establish a formal bid opening; and

(iii) Must make bid tabs publicly available upon request. Bid tabulations may be requested by emailing EWU's public records manager at prr@ewu.edu.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.151. WSR 25-01-082, s 172-330-100, filed 12/13/24, effective 1/13/25.

Wash. Admin. Code § 172-330-200 Small works direct contracting.

(1) Direct contracting process. In lieu of following a formal public works bidding process or the small works competitive contracting process outlined in WAC 172-330-100, EWU may enter into direct contracts with a contractor by soliciting a quote from a single selected contractor on the statewide roster or EWU's independent roster and negotiate a final price. Consistent with the limits identified in RCW 39.04.151 and 39.04.152, this process may only be used when EWU's estimate for the work is equal to or less than $150,000, not including sales tax, or any future limit set by the legislature consistent with RCW 39.04.152 (4)(b).

(2) Requirements. The small works direct contracting process must meet the requirements of RCW 39.04.151, 39.04.152, and chapter 200-330 WAC. This includes, but is not limited to, the following requirements:

(a) Administrative efficiency. Direct contracting is intended to be a quick and administratively efficient process with a focus on promoting the use of small and diverse businesses. This is not a competitive solicitation.

(b) Diverse business utilization plan. EWU must establish a small, minority, women, and veteran-owned business utilization plan prior to using the direct contracting process.

(i) EWU must rotate direct contracting opportunities among the available contractors on the appropriate roster.

(ii) EWU must not favor certain contractors by repeatedly awarding contracts to contractors without documented attempts to directly contract with other contractors.

(iii) EWU must adopt a policy regarding how contract opportunities will be rotated to avoid favoritism in direct contracting. This policy will be posted on EWU's website.

(iv) The rotation policy must, at a minimum, provide the following:

(A) Contractors that have been issued a contract under the direct contracting process must not be offered a future contract until all other contractors on the roster have received a solicitation for a quote through the direct contracting process; and

(B) EWU must consider nonresponsive solicitations and the inability to negotiate an agreed price in their rotation policy.

(d) Soliciting quotes.

(i) Solicitations for a quote under the direct contracting process must include the following:

(A) A description of the work to be performed sufficient for the contractor to develop a price;

(B) The date EWU must receive the contractor's quote; and

(ii) When six or more contractors certified as public works small business enterprises by OMWBE are listed on the appropriate roster, EWU must solicit a quote from a certified public works small business enterprise contractor on the roster in accordance with EWU's rotation policy.

(iii) When five or fewer contractors certified as public works small business enterprises by OMWBE are listed on the appropriate small works roster for this type of work, EWU may solicit a quote from any contractor on the roster in accordance with the agency's rotation policy.

(e) Negotiated price.

(i) A contract price must be negotiated with a single selected contractor from the statewide or independent roster. The negotiated price should be based on the quote from the contractor and available project funds identified by EWU.

(ii) If the contractor and the contracting agency cannot agree on a price, EWU may elect to end negotiations and move to the next contractor on the rotation in accordance with EWU's rotation policy.

(iii) Once a price is established and all other requirements are met, EWU may proceed with award and execution of the contract.

(iv) EWU is prohibited from bid shopping using the direct contracting process. If EWU and the next contractor on the rotation cannot agree on a contract price, EWU must competitively bid the work if it intends to proceed with the work.

(f) Notice of award. EWU must provide notice of a small works contract award to all other contractors on the appropriate roster of award.

(g) Department of labor and industries portal. EWU is required to initiate the small works project using labor and industries' awarding agency portal when awarding a contract under the direct contracting process.

(h) Recordkeeping. EWU must keep documented records of their efforts under the direct contracting process, including records of the following:

(i) The contractors EWU solicited for the contract;

(ii) Whether the contractor responded to the solicitation;

(iii) Records of price negotiations;

(iv) The contracts that were awarded and to whom; and

(v) Records documenting the reasons a negotiated price could not be reached.

History

Statutory Authority: RCW 28B.35.120(12) and 39.04.151. WSR 25-01-082, s 172-330-200, filed 12/13/24, effective 1/13/25.