University Policies

This is an archived copy of the 2015-2016 catalog. To access the most recent version of the catalog, please visit http://catalog.ewu.edu.

Welcome to Eastern's Online Policy and Procedure Center


Academic Integrity Policy

Access to Academic Records

Appendices

Credits

FERPA

Final Exams

Grade Appeals

Grading System

Residency

Washington State Address Confidentiality Program

Withdrawal from the University


Academic Integrity Policy

EWU expects the highest standards of academic integrity of its students. Academic honesty 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. The university supports the faculty in setting and maintaining standards of academic integrity. Charges of academic dishonesty are reviewed through a process that allows for student learning and impartial review.

Definitions

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 in the university and the program of study.

Violations of academic integrity with respect to examinations include but are not limited to copying from the work of another, allowing another student to copy from one’s own work, using crib notes, arranging for another person to substitute in taking an examination, or giving or receiving unauthorized information prior to or during the examination.

Violations of academic integrity with respect to written or other types of assignments include but are not limited to failure to acknowledge the ideas or words of another that have consciously been taken from a source, published or unpublished; placing one’s name on papers, reports, or other documents that are the work of another individual, whether published or unpublished; misuse of the assistance provided by another in the process of completing academic work; submission of the same paper or project for separate courses without prior authorization by faculty members; fabrication or alteration of data; or knowingly facilitating the violation of academic integrity by another.

Violations of academic integrity with respect to intellectual property include but are not limited to theft, alteration or destruction of the academic work of other members of the community or of the educational resources, materials or official documents of the university.

Arbitrator: an individual holding or having held faculty rank, appointed by the dean of graduate and undergraduate studies for the purpose of reviewing charges of academic dishonesty against a student within a prescribed time frame as either a first level reviewer or a second level  reviewer.

Instructor(s): the instructor of record.

Resolution/Appeal Form: a set of forms to be utilized to document and communicate charges of a violation of academic integrity, instructor recommendations, student responses, process options and decisions reached.

Sanctions: penalties that may be applied in the event that a violation of academic integrity is found to have occurred. Sanctions may be combined and may include but are not limited to:

  • verbal or written reprimand;
  • educational opportunity, such as an assignment, research or taking a course or tutorial on academic integrity;
  • grade penalty in a specific academic exercise;
  • course grade penalty;
  • course grade penalty of a failing course grade; A course grade penalty of a failing course grade is recorded on the transcript as an XF and counted as a 0.0 for purposes of GPA calculation. In this case the 0.0 would be a permanent part of the GPA calculation. A student may petition to have the XF on the transcript changed to a 0.0 two years after the date it is entered. A student may have the XF converted to a 0.0 prior to the end of this two-year period if the student successfully completes a course or tutorial on academic integrity. If, after completing this course, a student again receives a sanction for a violation of academic integrity, that sanction shall be a permanent part of the student’s transcript.
  • suspension for a definite period of time;
  • dismissal from the university.Sanctions involving grades in an academic exercise or a course final grade may be imposed by the instructor following the procedures outlined in this policy.

Sanctions of suspension or dismissal from the university may only be imposed by the President or the President’s designated disciplinary officer who will review recommendations for suspension or dismissal prior to imposing such sanctions.

Privacy: Student privacy rights are to be strictly observed throughout these procedures. A final finding that a student has violated the Academic Integrity Policy is placed in the student’s confidential academic record. Each step of the process to determine whether a violation has occurred is to remain confidential. Only those parties identified in these procedures are considered to have a need to know information regarding an individual student’s actions.

Initiation of Violation of Academic Integrity/Misconduct Hearing Process

An instructor may initiate the process to review charges of a violation of academic integrity by notifying the alleged offending student of the charges and of the sanction proposed by the instructor. This notification shall occur within five (5) university instruction days of establishing that grounds exist that an infraction of the academic integrity code exists. Notification may be oral but must always be supported by written notification. Notification shall include a description of the alleged violation of academic integrity including appropriate dates, specification of assignment/test/exercise and any relevant evidence. The notification shall also include the specific remedy proposed by the faculty member for the misconduct. The notification shall also indicate to the student whether the instructor elects to offer resolution through Direct Instructor-Student Resolution or through External Resolution. These processes are described separately below.

Direct Instructor-Student Resolution

If the instructor elects Direct Resolution, the finding and proposed sanction of the instructor is considered a first level review that can be appealed to an appointed arbitrator at a second level review.

The instructor may elect to attempt resolution through direct interaction with the student. The student would so indicate that notification had been received by signing the appropriate line of the Resolution/Appeal Form.

Upon notification, the student has five (5) university instruction days to respond to the instructor.

The student may accept responsibility for the alleged action and waive the right to appeal by accepting the charges and the sanction proposed by the faculty member or a sanction mutually agreed upon. If the student agrees to direct resolution, the student and faculty member will sign a Resolution/Appeal form and forward the completed waiver (including the sanction imposed) to the student judicial officer for recording in the confidential disciplinary file of the student. The instructor will then implement the sanction.

If the student fails to respond within five (5) university instruction days, the instructor will send another copy of the written notification to the student by certified mail, return receipt requested to the most current address the student has on file with the Records and Registration Office. Failure of the student to respond within five (5) days following receipt of the written notification by certified mail, shall be interpreted as an admission of responsibility and acceptance of the instructor’s proposed sanctions. If a student fails to respond within five (5) university instruction days after receipt of the written notification by certified mail the instructor shall impose the sanctions and forward a copy of the appropriately completed Resolution/Appeal form to the student judicial officer.

The student may exercise the right to appeal. In the event of student appeal, the instructor and the student complete and sign the Resolution/Appeal form and forward a copy to the dean of graduate and undergraduate studies or designee who then appoints an arbitrator to review the charges as in the external resolution process and the process will follow the external resolution hearing steps.

External Resolution

The instructor may elect to pursue charges of a violation of academic integrity against a student through the External Resolution process. This process provides an arbitrator, appointed from the university at-large, to review the relevant facts and to take statements from the instructor and the student. By referring charges for External Resolution, the instructor implicitly agrees to accept the findings of the arbitrator and the sanction determined by the arbitrator. Where possible the arbitrator shall be guided by sanctions as detailed in the instructor’s syllabus.

Initial Notification: The instructor informs the student in initiating a violation of academic integrity charge as outlined above that the charge will be heard through external resolution process. This notification is forwarded to the dean of graduate and undergraduate studies as appropriate within five (5) university instruction days of establishing that grounds exist that an infraction of the academic integrity code exists.

Appointment of Arbitrator: Within five (5) university instruction days of receipt of the notification from the instructor, the dean of graduate and undergraduate studies appoints an arbitrator from among qualified candidates (see definition of arbitrator) and notifies the student of an initial hearing in writing.

Initial Hearing: Within five (5) university instruction days of receipt of the notification from the instructor, the dean of graduate and undergraduate studies or designee informs the student of the process as outlined in this policy, reviews the charges in the initial notification, informs the student of the sanction recommended by the instructor and of the range of sanctions that could be imposed by the arbitrator, apprises the student of the right to appeal and potential consequences of appeal. The dean of graduate and undergraduate studies or designee ascertains that the student understands the process and the charges and documents the initial hearing.

Student failure to respond to notice of initial hearing: If the student fails to respond within five (5) university instruction days, the dean of graduate and undergraduate studies will send another copy of the written notification to the student by certified mail, return receipt requested to the most current address the student has on file with the Records and Registration Office. Failure of the student to respond within five (5) days following receipt of the written notification by certified mail, shall be interpreted as an admission of responsibility and acceptance of the instructor’s original proposed sanctions. If a student fails to respond within five (5) university instruction days after receipt of the written notification by certified mail, the dean of graduate and undergraduate studies informs the instructor of this failure to respond so that the instructor may impose the sanction proposed initially.

Arbitrator Review: After the appointment of the arbitrator, the student may respond to the charges in a written statement submitted to the arbitrator. The student may also include any relevant written documentation, third party statements, or evidence deemed relevant to the student’s interests. The arbitrator primarily reviews written evidence. The arbitrator may consult with the instructor, the student or others as the arbitrator deems appropriate to discovering the facts of the matter or to determining the nature of the alleged violation of academic integrity. The arbitrator shall conclude the review and issue a decision within ten (10) university instruction days after his/her appointment unless the faculty member and student both agree to extend the time line. All evidence collected in this process must be made available to the student and/or faculty member upon request.

Arbitrator Decision: after completing a review of the charges and relevant evidence, the arbitrator notifies the dean of graduate and undergraduate studies or designee who in turn notifies the instructor, student and student judicial officer of the arbitrator’s decision and of the sanctions, if any, to be imposed.

Appeal Rights

If the arbitrator hears the case after the student declined direct resolution, the arbitrator’s decision constitutes an appeal of the instructor’s initial sanction. This appeal is unqualifiedly available to any student dissatisfied with the instructor’s proposed sanction under direct resolution. In this situation the first level arbitrator’s decision is final and no further appeal is available. The first level arbitrator’s decision is communicated to the student judicial officer for implementation and recording in the student’s confidential disciplinary record.

If the first level arbitrator hears the case as the result of the instructor’s selection of external resolution, the first level arbitrator’s decision is considered an initial decision and may be appealed. An appeal of that decision will be heard only if at least one of the following criteria is met:

  1. evidence is provided that the penalty imposed by the first level arbitrator is disproportionate to the offense;
  2. evidence is provided that the first level arbitrator’s decision was arrived at through a violation or misapplication of specified procedures;
  3. substantial evidence is provided that the first level arbitrator’s decision was unreasonable or arbitrary; and/or
  4. new evidence has emerged that, had it been available at the time of the first level arbitrator’s decision, might reasonably be expected to have affected that decision.

The student may request an appeal of the decision of the first level arbitrator by submitting a request for an appeal to the dean of graduate and undergraduate studies or designee within three (3) university instruction days of receipt of the notification of the arbitrator’s decision. Upon receipt of the student’s request for an appeal, the dean of graduate and undergraduate studies or designee makes an initial determination whether at least one of the four (4) criteria listed in the paragraph above may have been met. If the dean of graduate and undergraduate studies or designee determines that an appeal is justified, he or she appoints a second level arbitrator within five (5) university instruction days of the receipt of the request for an appeal. The second level arbitrator reviews the written record and any additional or new documentation submitted by the student in requesting the appeal. The decision of the second level arbitrator is to be made within ten (10) university instruction days of his/her appointment and is a final ruling. It is transmitted to the dean of graduate and undergraduate studies who then forwards the decision to the instructor, the student and the student judicial officer for implementation and recording.

All evidence collected in this process must be made available to the student and/or instructor upon request.

Repeat Violations

The purpose of recording charges and sanctions in the student’s disciplinary record is to determine patterns of behavior. Repeat violations of academic integrity may result in more severe sanctions imposed by the instructor or arbitrator. The dean of graduate and undergraduate studies or designee is considered to have a need to know of prior academic integrity violations and may request such information from the student judicial officer prior to making or transmitting a decision on a pending charge.

Three sanctioned instances of a violation of academic integrity during a student’s enrollment at Eastern Washington University will constitute grounds for an immediate sanction of dismissal from the university. Such action will be taken by the president or the president’s designated disciplinary officer upon notification of three sanctions by the student judicial officer.

Course Withdrawal Suspended During Hearings

A student officially notified of charges of a violation of academic integrity may not withdraw from the course until the determination of responsibility is made and any sanctions are imposed. A sanction for a violation of academic integrity that affects the course grade will be applied. The student may not avoid the imposition of a sanction by withdrawing from a course. If the student is found not responsible for actions violating the Academic Integrity Policy, 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.

Continuation in Course Pending Final Decision

A student may continue to attend and perform all expected functions within a course (e.g. take tests, submit papers, participate in discussions and labs) while a charge of a violation of academic integrity is under review, even if the instructor recommendation is a failing grade in the course, suspension or dismissal. Full status as an enrollee in a course may continue until a sanction is imposed. Final imposition of a sanction of a failing grade in a course will result in the immediate suspension of attendance in that class by the student.


Access to Academic Records

Student Directory Information

Certain categories of student information are considered open or directory-type data and may be released to the public if the student is enrolled at the university at the time of request. These categories include name, addresses, telephone number, major field of study, participation in officially recognized activities and sports, dates of attendance, degrees and awards received and the most recent previous educational agency or institution attended.

All other information regarding a student’s record or attendance is restricted and may not be released to a third party without the student’s written permission except as allowed under the Family Educational Rights and Privacy Act of 1974. Examples of restricted information are a student’s course enrollment, the number of credits earned and any grade-related information. This policy is in compliance with federal rules and regulations and is intended to protect each student’s privacy and security. See WAC 172–190 in the appendices in the back of this catalog.

Specific details of the Family Educational Rights and Privacy Act of 1974 are available in the Records and Registration Office, 201 Sutton Hall. Also see Appendix B of this catalog.

Special Note: Students may request that directory information not be released to the public. A directory restriction can be requested in person at the Records and Registration office, 201 Sutton Hall or Riverpoint Student Services, N. 668 Riverpoint Blvd., Room 101. Students who request a directory restriction will not be sent general non-educational information from the university. University notice of Dean’s List to local papers and to the National Dean’s List will not be made for students with restrictions. For more information on the directory restriction, see the information in WAC 172–190 below and check with Records and Registration, 201 Sutton Hall, 509.359.2321 or Riverpoint Student Services, 509.828.1394.


Credits

One quarter hour of credit is assigned in the following ratio of hours per week devoted to the course of study:

  • lecture/discussion: one hour in the classroom per week for each credit hour (two hours outside preparation expected);
  • studio (art classes): minimum two hours in the classroom per week for each credit hour (one hour of outside preparation expected per credit hour);
  • laboratory: minimum two hours in the lab per week for each credit hour (one hour of outside preparation expected per credit hour). Ensemble (music classes): minimum two hours per week for each credit hour (one hour of outside preparation expected per credit hour);{C}independent study: minimum three hours of work per week for each credit hour.
  • the proportion of time in each course assigned to lecture, studio, laboratory, independent study or ensemble is recommended by faculty of the department offering the course.
  • the term quarter hour corresponds with credit, hour or credit hour.

Final Exams

  • Final examinations are scheduled for specific dates and times at the end of each quarter. The examination schedule is published in the university’s quarterly announcement. Final comprehensive examinations should not be given during the regular 10-week schedule.
  • Students shall not be granted special examinations for any reason other than a family emergency or other bona fide hardship. Course instructors are the final authority in such circumstances.
  • Students that have two final examinations scheduled concurrently by the university must contact one or all instructors involved and ask them to resolve the situation and find a suitable solution.

Grade Appeals

Except for X and Y, all grades are final and can be changed only in the case of university (instructor, clerical or administrative) error. Such corrections must be submitted by the instructor and approved by the department chair and college dean. Requests for grade corrections must be submitted to the Records and Registration Office within two quarters of the initial grade assignment.

Students have the option of appealing a grade they believe is unfair. To appeal, an Intent to Appeal a Grade or an Official Grade Appeal form must be submitted within the times specified below, or the right to appeal is forfeited. Reasonable exceptions to these deadlines may be made by the chair or designee.

The order of appeal is as follows.

  1. File a notice of Intent to Appeal a Grade form within 10 working days after instruction begins for the next regular quarter. These forms are available on request in the department office, the Records and Registration Office or EWU Spokane, Riverpoint, Student Support Center and are submitted to the chair of the department concerned.
  2. Discuss the conflict regarding the grade in a timely manner with the instructor concerned. If the discussion between the instructor and student does not lead to a resolution of the conflict and the student wishes to continue the appeal process, the student must confer with the chair or a designee regarding the proposed appeal. If the conflict is not resolved at this level, the chair or designee must provide a written explanation to the student within five working days. If the written explanation is not provided or if the student is not satisfied with this explanation, he/she may make an official grade appeal.
  3. The Official Grade Appeal form must be filed in writing with the chair of the department concerned, normally no later than 30 working days after instruction begins for the next regular quarter. These forms are available on request in the department office, the Records and Registration Office or EWU Spokane, Riverpoint, Student Support Center.
  4. The grade appeal is heard by a grade appeals board which is to be convened no later than 20 working days after submission of the official grade appeal. (The date may be extended if mutually agreed upon by both parties.) This board is chaired by the department chair or a designee who serves in a nonvoting capacity. Selection of members is facilitated by the department chair or designee unless there is an obvious conflict of interest decided by the dean, in which case the dean or a designee shall do so.
  5. Three people will constitute the grade appeals board. The student petitioner shall first nominate a member and then the faculty shall nominate a member. A third member mutually agreeable to both parties will then be selected. At least one of the three members must be a student. The appeal board must be held at a mutually agreeable time.

Parties to the dispute must make a good faith effort to follow these steps or forfeit access to the appeal process.

If the student, faculty or chair has legitimate concerns about the appeal process, the dean of the college will work to alleviate or correct the problems.

The appeal board does not have subpoena power and every attempt will be made to be fair to both parties. The parties may offer exhibits and/or witnesses. The principals may not be represented by counsel or others and the student appellant has the burden of proving by a preponderance of the evidence (more probable than not), that such inappropriate grading procedures have occurred.

Within 10 working days of first convening the appeal board, through its chair, will submit its recommendation in writing to the faculty member concerned, with a copy to the appellant and the dean of the college.

Decisions recommended by the grade appeal board are advisory only. The final decision to change a grade lies with the instructor, except in cases where the instructor cannot or does not respond to the appeal board’s recommendation or in cases where the appeal board’s findings determine prejudiced or other inappropriate grading practices by the instructor. In these cases the final decision to change the grade lies with the dean. There is no further right of appeal.

Within 45 days of the final decision involving a recommended grade change, the chair of the appeal board shall notify in writing the appellant, the dean of the college and the chair of the department concerned of the decision of the appeal board and the faculty member’s decision and action. When the final decision is made by the dean in the cases noted above, the dean shall implement the decision and shall make the proper written notification to the parties concerned.


Grading System

Grade Reports

At the end of each quarter, grades are available through EagleNET  starting the Wednesday after finals. The report includes current institutional, transfer and all college cumulative GPA.

Letter Grades Symbols in Use at Eastern

NC (No Credit): No credit granted, no grade points assigned.

NR: Not recorded, for work in progress.

P (passing): Credit granted, but no grade point assigned (not used when computing GPA).

W (withdrawal): Withdrawal from a course or the university (not used when computing GPA).

X (incomplete): Temporary grade; special circumstances prevent the student from completing the course (not used when computing GPA).

Y: For thesis, research, practicum and other activities requiring more than one quarter for completion; grade assigned at completion.

Letter Grades Described in Detail

Undergraduate Pass/No Credit (P/NC) Grade Option (Department or Program Designated)

Departments or programs may choose to designate certain courses for pass/no credit grading. Regulations for pass/no credit grading are as follows:

  1. the only courses which may be designated by the department as pass/no credit are non-college credit pre-university basic skills;
  2. a grade 2.0 must be earned to receive a passing grade;
  3. the P or NC grade will be entered on the transcript. Students receiving the P grade will not receive credits toward graduation. Neither the P nor the NC grade will be included in computing grade averages.

Undergraduate Pass/Fail Grade Option (Department or Program Designated)

Departments or programs may choose to designate only certain types of courses for pass/fail grading.

Regulations for pass/fail grading are as follows:

  1. Courses required for the following categories may not be designated pass/fail:
  • Major and minor requirements except as approved by the Undergraduate Affairs Council
  • required supporting courses (courses required for the major or minor but not taught by  the major or minor department) except as approved by the Undergraduate Affairs Council
  • Professional education requirements
  • Writing, mathematics and computer competency and proficiency requirements
  • General education core requirements
  • university graduation requirements

The types of courses which may be designated as pass/fail are:

  1. Directed Studies•Seminars•Internships•Workshops•Practica;
  2. a grade 2.0 must be earned to receive a passing grade;
  3. A P grade will not be calculated in the GPA, but will serve as credits toward graduation, except for non-college credit courses. A fail (0.0) grade will be calculated in the GPA.

Undergraduate Pass/No Credit Grade Option (Student Designated)

Students may choose the pass/no credit grading option in certain courses during the registration process.

Regulations for pass/no credit grading are as follows:

At the time of registration, students must designate the courses for which they wish to receive a pass/no credit grade. They may change this designation by the regular change of registration procedure through the seventh week of the quarter.

  1. Courses required for the following categories may not be taken pass/no credit:
    • Major and minor requirements (except as approved by the Undergraduate Affairs Council), including courses substituted for major courses
    • required supporting courses (courses required for the major or minor but not taught by the major or minor department)
    • Professional education requirements
    • writing, mathematics and computer competency and proficiency requirements
    • General education core requirements
    • university graduation requirements
  2. The minimum level of performance required to receive a grade of P is a 2.0. Students should be aware that performance equal to a grade between 0.7 and 1.9 will not result in a passing mark.
  3. The P or NC grade will be entered on the transcript. Students receiving the P grade will receive credits toward graduation. Neither the P nor the NC grade will be included in computing GPAs.

Incomplete (×)

Special circumstances, such as severe illness or death of a family member, may warrant an incomplete or × grade. An × grade may be assigned when the student is passing the course but is unable to complete all course requirements. Incomplete grades are only assigned to students who have been attending the class and performed all necessary work up until the last three weeks of the quarter during the academic year or until the last two weeks of summer session.

Faculty Assignment of an × Grade Requires

  • a meeting with the student to make them aware of the specific terms you are assigning for the completion of work and what the grade will convert to if they do not submit the work in the assigned time frame;
  • recording the conversion grade if the student does not complete the work (may be a 0.0);
  • recording the extension date for the grade to automatically convert if the work is not completed (end of one quarter, two quarters, three quarters or a full year. The extension date must be prior to the last day of instruction for the quarter indicated.) Incompletes need to be completed within one year of the registered term.

Ongoing Thesis or Research Work (Y)

Students engaged in lengthy research projects or other courses that may extend for more than one quarter can be given a grade of Y until the project is complete and a final grade is assigned. Normally these courses are graduate research projects, theses, or internships.

Note: see the specific information on Y grades in the policy section in the front of this catalog under Graduate Studies.

Numerical Grades

Most courses at Eastern are graded numerically to the nearest tenth. A guide for equivalents are: Numeric Grade-Letter Grade Equivalent.

4.0A
3.9
3.8
3.7A-
3.6
3.5
3.4
3.3B+
3.2
3.1
3.0B
2.9
2.8
2.7B-
2.6
2.5
2.4
2.3C+
2.2
2.1
2.0C
1.9
1.8
1.7C-
1.6
1.5
1.4
1.3D+
1.2
1.1
1.0D
0.9
0.8
0.7D-
0.0F

Numerical Grades and Cumulative GPA

Instructions to Compute Cumulative GPA

  1. Multiply numerical grade by the number of credits assigned for each course to determine the quality points for each course. Add the total number of quality points (qp).
    (Pass/No Credit grades are not computed in the GPA.)
  2. Add the total number of numerically graded credits, for the total number of quality hours (qh).
  3. Divide the total number of quality points by the total number of quality hours for the cumulative GPA.

Example

Grades x Credits (QH) = Quality Points (QP)
3.0X4=12
2.3X5=11.5
4.0X2=8

Total Credits = 11 (QH)

31.5 (QP) = Total Quality Points

31.5 (QP) / 11 (QH) = 2.863 Cumulative GPA


Residency

Residency is determined at the time of formal admission to the university on the basis of information included in the university application for admission. Determination of residency is governed by the statutes and policies of the state of Washington. In general, to qualify for residency, a student must:

  • have established a formal residence in Washington for other than educational purposes for at least 12 consecutive months prior to the first day of the quarter for which residency status is requested

or

  • be a dependent student whose parent(s) or legal guardian(s) have maintained a bona fide residence in Washington 12 consecutive months prior to the first day of the quarter.A student does not lose residency status because of service in another state or country while a member of the civil or military service, if that person maintains ties and returns to Washington within one year of discharge with intent of maintaining a residence in the state. However, maintaining residency ties in a former or other state (for example by keeping a driver’s license) may invalidate claims to Washington residency.

For more information see Appendix C of this catalog, go to the EWU Residency website at www.ewu.edu/residency or call the Residency Officer for the university at: 509.359.6586.


Washington State Address Confidentiality Program

PO Box 257 Olympia, WA 98507-0257
360.753.2972

This program, administered by the Office of the Secretary of State, provides address confidentiality to relocated victims of domestic violence. If you qualify as a participant, the program allows you to use a substitute mailing address with mail forwarding and service assistance.


Withdrawal from the University

Please see the information on schedule changes under Records and Registration .


Appendices

  1. Student Conduct Code
  2. Family Educational Rights and Privacy Act of 1974
  3. Residency Status for Higher Education
  4. Undergraduate Housing Requirements
  5. Human Rights Policy
  6. Diversity

Appendix A

Chapter 172–121 WAC

Student Conduct Code

WAC Updated: 01.04.14

172–121–010 Introduction
172–121–020 Definitions
172–121–030 Rights of students
172–121–040 Jurisdiction
172–121–050 External authorities
172–121–060 Notification of criminal arrest
172–121–070 Conduct review officials
172-121-075 Conflicts of interest
172–121–080 Administration and records
172–121–100 Complaints
172-121-105 Conduct review proceedings
172–121–110 Preliminary conference
172–121–120 Hearings
172–121–130 Appeals
172–121–140 Interim restriction.
172–121–200 Violations
172–121–210 Sanctions

WAC 172–121–010 Introduction. Eastern Washington University is an academic community dedicated to providing instruction in higher education, advancing knowledge through scholarship and research and providing related services to the community. As a public institution of higher education, the university 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, the university establishes rules, regulations, procedures, policies, and standards of conduct. Through the student conduct code as well as other university policies and directives, the university 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 those expectations. The responsibility for enforcement of the student conduct code rests with the university president. 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. These provisions are not intended to protect any person or class from injury or harm.

WAC 172–121–020 Definitions. For purposes of the student conduct code, chapter 172–121 WAC, the definitions in this section apply. “Accused” refers to any student or student organization that is accused of violating the student conduct code under this chapter. “Appeal authority” refers to the conduct review official presiding over an appeal under WAC 172–121–130. “Appellant” refers to any accused 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 the university 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 the university holiday schedule. “Complainant” means any person who files a complaint alleging that a student or student organization violated the standards of conduct for students. Complainant also refers to the university when the university files the complaint. “Council” or “the council” refers to the student disciplinary council as described in WAC 172–121–070. “Council hearing” refers to a conduct review hearing before the student disciplinary council. “Dean of Students” refers to the dean of students or a designee of the dean of students. “Director of SRR” refers to the director of student rights and responsibilities, or designated representative. “Harassment” encompasses harassment, sexual harassment, gender-based harassment, and stalking for purposes of WAC 172-121-030 through 172-121-140. These terms are further defined in WAC 172-121-200. “Hearing authority” refers to the university official who holds a conduct review hearing. “Off-campus” refers to any location or facility that is not owned, leased, rented, or operated by Eastern Washington University. “Policies” or “university policy” refers to the written regulations of the university, including the standards of conduct for students, residence life handbook, university policies, and graduate/undergraduate catalogs and handbooks. “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). “Session council” refers to the student disciplinary council members selected for a specific hearing or appeal. “Sexual misconduct” encompasses domestic violence, dating violence, and acts of sexual violence for the purposes of WAC 172-121-030 through 172-121-140. These terms are further defined in WAC 172-121-140 “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 enrollment; (b) Any person currently enrolled at the university; (c) Nommatriculated, international students attending institutes or foreign study programs through the university; and (d) Any person who was previously enrolled at the university for violations of the code committed while 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. “Summary hearing” refers to a conduct review hearing before the conduct review officer. “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, to include all satellite campuses affiliated with the university. “University president” refers to the university president or a designee of the university president. “Vice president for student affairs” refers to the vice president for student affairs or their designated representative.

WAC 172–121–030 Rights of students. Any student or student organization charged with any violation of the student conduct code, and the victim in the case of an allegation of harassment or sexual misconduct, have the following rights: (1) The right to a fair and impartial conduct process ; (2) The right to prior written notice to attend a preliminary conference or hearing; (3) The right to remain silent during any conduct review hearing; ((4) The right to know who filed the complaint against them as described in WAC 172–121–110 and 172–121–120 (2)(b); (5) The right to speak on their own behalf in all proceedings; (6) The right to hear all information and view all material presented against him or her; (7) The right to call witnesses as described in WAC 172-121-120; (8) The right to submit questions to be asked of witnesses as described in 172-121-120; (9) The right to consult an advisor as described in WAC 172–121–090; (10) The right to appeal as provided in WAC 172–121–130; and (11) The right to be subjected to university disciplinary action only one time for the same conduct.

WAC 172–121–040 Jurisdiction. Eastern Washington University shall have jurisdiction over student behavior which occurs on university premises. The university may also exercise jurisdiction over student conduct which occurs at off-campus locations if the behavior adversely affects the university and/or the pursuit of its objectives and the university determines that a significant university interest is affected. The university has sole discretion in determining what conduct adversely impacts the university and/or the pursuit of its objectives. 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 or outside of normal business hours. WAC 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.

WAC 172–121–060 Notification of criminal arrest. A student is responsible for notifying 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 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.

WAC 172–121–070 Conduct review officials. The director of SRR 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; (c) Maintain all records of conduct review proceedings as described in WAC 172–121–080; (d) Ensure complaints of harassment or sexual misconduct involving students are promptly investigated and resolved as required by federal and state laws. (2) Conduct review officer: The university president shall designate one or more conduct review officers. The director of SRR may be designated as a conduct review officer. The conduct review officer(s) shall: (a) Preside over conduct review proceedings under this chapter; and (b) Review off-campus incidents of alleged misconduct and make determinations as to whether the conduct involved adversely affects the university community and/or the pursuit of its objectives. (3) Student disciplinary council: The student disciplinary council hears cases of student conduct code violations as described in WAC 172–121–120. The council also serves as an appeal authority under WAC 172–121–130. (a) Council pool: For each academic year, a pool of council members shall be established based on availability. Appointment of council pool members and their terms of service are as follows: (i) Faculty: Three faculty members shall be selected by the faculty senate for three-year terms; (ii) Staff: Three university staff members shall be appointed by the university president for three-year terms; (iii) Students: Six students shall be appointed by the president of the ASEWU for one-year terms. Student appointments shall be made with the advice and consent of the associated students’ legislature, as described in the constitution of the ASEWU. Students holding a position with any of the associated student courts, or who are in any way affiliated with any judicial, quasi-judicial, or advocacy position with the courts of the ASEWU, may not be appointed to the council pool; (iv) Community members: One or more members of the local community may be appointed by the university president. Community members serve until either the community member or university president elects to sever the appointment, up to a maximum period of three years. Community members shall be considered school officials while acting in their capacities as community members on the student disciplinary council and shall sign statements indicating they will comply with the confidentiality requirements of the Family Educational Rights and Privacy Act; (v) Council chair: The director of SRR, or designee, shall serve as chair of the council proceedings but will not have the right to vote; (vi) Vacancies: Council pool vacancies shall be filled as needed by the designated appointing authority. (b) Session council: When a student disciplinary council is needed for a hearing or an appeal, council members shall be selected from the council pool as follows: (i) Composition: A session council will typically consist of one nonvoting chair, two student members, and two faculty or staff members. The faculty/staff members may be both faculty, both staff, or one faculty and one staff member. The number of council members may vary, so long as quorum requirements are met. A community member may also serve on a session council, at the discretion of the director of SRR; (ii) Selection: The director of SRR shall select available members from the council pool to serve as the session council.

WAC 172-121-075 Conflicts of interest. (1) Individuals who play a role in receiving, investigating, and otherwise processing complaints shall not have any conflict of interest in the process. In the event such a conflict arises in the process, the person shall disclose such interest to both 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 of 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 shall not participate in any case in which they are the accused, the complainant, a victim, or a witness; in which they have a personal interest or bias; or in which they have acted previously in an investigatory, advisory, or adjudicatory capacity. (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 member’s eligibility to participate in a case may be challenged by parties to the case or by other council members at any time. When such a challenge is made, the session council shall make a decision on the challenge. (c) If a member is disqualified or disqualifies themselves from a case, the director of SRR will appoint a replacement.

WAC 172–121–080 Administration and records. (1) Student conduct code. (a) Interpretation: Any question 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 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) A summary of the proceedings during a preliminary 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; and (iv) Any images, articles, recordings, or other materials presented as evidence in a conduct review proceeding. (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 the university and are confidential to the extent provided in applicable law. (d) Prior to the final disposition of a case, the accused may review the records relative to their case. The accused shall request to review the case records by contacting the conduct review officer. The conduct review officer shall make every reasonable effort to support the accused’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 the university’s records retention schedule. (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 CFR 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 CFR 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, victims, 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. (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 CFR Part 99) by providing a written consent to student rights and responsibilities. (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. Student rights and responsibilities 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 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 activities. Holds may also restrict access to transcripts, grades, or other academic records. (b) Discretionary holds: The conduct review 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 by a conduct review hearing; or (ii) If the student fails to respond to any properly delivered notice from the conduct review officer. (c) Required holds: The conduct review officer shall place a hold on a student’s academic record if the student is accused of violating 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. This hold shall remain in place until the allegation or complaint is resolved.

WAC 172–121–100 Complaints. (1) Filing of complaints. (a) Any person may file a complaint against a student or student organization for any violation of the student conduct code. (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; or (ii) The office of the dean of students. (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 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 the university is acting as the complainant, the director of SRR shall initiate the complaint. (2) Complaint review. Upon receipt of a complaint, the director of SRR shall review the complaint to determine whether it includes allegations of harassment, sexual misconduct, and/or criminal conduct that will require special processing under subsection (3) of this section and whether appropriate law enforcement or other authorities should be notified. Special rules for complaints of harassment and/or sexual misconduct. Except where specifically stated, this section applies to all allegations the university receives of harassment and/or sexual misconduct. This section shall not apply regardless of where the alleged acts occurred. (a) Report to Title IX coordinator. The director of SRR shall report all complaints which may constitute any form of harassment and/or sexual misconduct to the university Title IX coordinator within two business days. (b) Prompt resolution. The university shall investigate any complaint alleging harassment and/or sexual misconduct when it is legally required to do so to determine if the university will pursue the incident under the student conduct code and/or refer the incident to other departments or agencies for further criminal, civil, or disciplinary action. All allegations of harassment and/or sexual misconduct shall be promptly investigated and resolved. In the absence of extenuating circumstances, the university will seek to have the allegations resolved within sixty days from the date it Is notified of the allegation. (c) 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 or victim 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 or victim 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 crimes to the campus community shall not include the names of the complainants or victims. Files subject to public disclosure will be released to the extent required by law. (d) Right to file a criminal report. Once the university is notified of an allegation of sexual harassment, gender-based harassment, stalking, or any form of sexual misconduct, it will notify the potential victim of their right to file a criminal complaint with campus or local law enforcement. If the victim in such circumstances wishes to report the conduct to local law enforcement, the university will assist them in doing so. The university will also notify the victim that he or she is not required to file a report with local law enforcement. The university will report allegations of harassment or sexual misconduct to law enforcement or other authorities consistent with federal, state, and local law. (4) Interim measures. During the complaint review, the director of SRR will evaluate the circumstances and recommend to the dean of students if any interim restriction action against the accused is warranted or if any interim measures to assist or protect the complainant and/or victim during the conduct code process are needed. In cases of alleged harassment and/or sexual misconduct, the director of SRR shall, in conjunction with the dean of students and other appropriate university officials, take immediate steps to protect the complainant and/or victim from further harassment prior to completion of the investigation/resolution of the complaint. Appropriate steps may include separating the accused harasser and the complainant/victim, providing counseling for the complainant/victim and/or harasser, and/or taking disciplinary action against the accused. (5) Inform complainant. As part of the complaint review process, the director of SRR will follow up with the complainant as described below. (a) For cases other than harassment and/or sexual misconduct, the director of SRR will contact the complainant and provide them with the following information. : (i) The complainant’s rights under the student conduct code; (ii) The allegations which the complainant has against the accused; (iii) The potential conduct code violations related to the allegations. (iv) How to report any subsequent problems or retaliation, including intimidation, threats, coercion, or discrimination. (b) In all cases alleging harassment or sexual misconduct, the director of SRR will provide the complainant with written notification that will include, at a minimum: (i) The student’s rights and options, including options to avoid contact with the respondent, available resources to assist the student regarding academic, living, transportation and working situations, and possible protective measures they can take; (ii) 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; (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 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. (6) Following the complaint review, the director of SRR will either dismiss the matter or arrange a preliminary conference. (a) Dismiss the matter. If the director of SRR believes that there is insufficient justification or insufficient evidence to pursue conduct review proceedings against the accused, he/she may dismiss the matter. In such cases, the director of SRR will prepare a written record of the dismissal. The director of SRR will also notify the complainant of their decision, if such notification is appropriate and feasible. The dismissal letter, along with the original complaint and any other related documents, will be maintained as described in WAC 172-121-080. In cases of harassment and/or sexual misconduct, the complainant;/victim may request a review of the dismissal by the dean of students.(b) Preliminary conference. If the director of SRR does not dismiss the matter he/she will arrange a preliminary conference as described in WAC 172–121–110.

WAC 172–121–105 Conduct review proceedings (1) General provisions. (a) All conduct review proceedings are brief adjudicative proceedings in accordance with WAC 172-108-010(3) and shall be conducted in an informal manner. (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 conduct review officer will communicate all matters relative to conduct review proceedings with the president of the organization or their designee. (3) Advisors: The complainant, victim, and the accused 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, victim, or the accused that employed the advisor; (b) The advisor may be an attorney; (c) The complainant and the accused are responsible for presenting their own case and, therefore, advisors may not speak or participate directly in any conduct review proceeding. The complainant and/or the accused may; however, speak quietly with their advisor during such proceedings; and (d) If an attorney is used as an advisor, the person using the attorney shall inform the conduct review officer or the council of their intent to do so at least two business days prior to any conduct review proceeding.

(4) Evidence: The accused, and, in cases of harassment and/or sexual misconduct, the complainant/victim may request to view material related to their case prior to a scheduled hearing by contacting the conduct review officer. To facilitate this process, the party should contact the conduct review officer as early as possible prior to the scheduled hearing. The conduct review officer shall make a reasonable effort to support the request to the extent allowable by state and federal law

WAC 172–121–110 Preliminary conference. 1) Scheduling: If, after reviewing a complaint, the director of SRR decides to initiate conduct review proceedings, the director shall, within ten business days of receiving the initial complaint, appoint a conduct review officer (CRO) to the case and notify the accused. In cases alleging harassment and/or sexual misconduct, the CRO assigned must have completed training on issues relating to harassment and sexual misconduct, including Title IX requirements. Notification of the accused must: (a) Be made in writing; (b) Include a written list of charges against the accused; and (c) Include the name of the conduct review officer assigned to the case and the deadline for the accused to contact the conduct review officer in order to schedule a preliminary conference. Whenever possible, the deadline for the accused to contact the CRO will be within five business days of the date the director of SRR sent notification to the accused. (2) Failure to respond: If the accused fails to comply with the notification requirements, the director of SRR shall schedule the preliminary conference and notify the accused. The notification shall be in writing and shall include a date, time, and location of the preliminary conference. (3) Follow up with complainant/victim. In all cases alleging harassment and/or sexual misconduct, the CRO shall notify the complainant(s) of the date, time, and location of the preliminary conference and of their right to attend the conference. The CRO shall also follow up with the complainant(s)/victim(s) to determine whether any retaliation or new incidents of harassment have occurred. If the complainant/victim has experienced any type of retaliatory behavior, the university shall take immediate steps to protect the complainant/victim from further harassment or retaliation. (4) Appearance. Except for cases alleging harassment and/or sexual misconduct, only the accused and the accused’s advisor may appear at the preliminary conference. In cases alleging harassment and/or sexual misconduct, the accused and the complainant/victim, along with their advisors, if they choose to have an advisor, may appear at the preliminary conference. (5) Failure to appear. In cases where proper notice has been given but the accused fails to attend the preliminary conference, the conduct review officer may: (a) Proceed with a hearing and decide the case based on the information available; or (b) Place a hold on the accused’s academic records as described in WAC 172–121–080. (6) Proceedings. During the preliminary conference, the conduct review officer will: (a) Review the written list of charges with the accused; (b) Inform the accused who is bringing the complaint against them; (c) Provide the accused with a copy of the student conduct code and any other relevant university policies; (d) Explain the accused’s and complainant’s rights under the student code; (e) Explain the conduct review procedures; (f) Explain the accused’s rights and responsibilities in the conduct review process; and (g) Explain possible penalties under the student conduct code. (7) After the preliminary conference, the conduct review officer will take one of the following actions: (a) Conduct a summary hearing with the accused as described in WAC 172–121–120; (b) Schedule a summary hearing with the accused as described in WAC 172–121–120; or (c) Refer the case to the student disciplinary council for a council hearing under WAC 172–121–120.

WAC 172–121–120 Hearings. The provisions of subsections (1) through (8) of this section apply to both summary hearings and to council hearings. (1) General provisions. (a) Hearing authority: The hearing authority exercises control over hearing proceedings. All procedural questions are subject to the final decision of the hearing authority. (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 hearing authority. (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. (2) Appearance. (a) Failure to appear: In cases where proper notice has been given but the accused fails to attend a conduct review hearing, the hearing authority shall decide the case based on the information available, without the accused’s input. (b) Complainant’s appearance: The complainant will be provided options for reasonable alternative arrangements if they do not wish to be present in the same room as the accused student during the hearing. The complainant may appear at the conduct review hearing in person, through telephone conference, or through any other practical means of communication, so long as the complainant’s identity can be reasonably established. (c) Advisors: The complainant and the accused may be assisted by an advisor during conduct review hearings as described in WAC 172–121–090. (d) Disruption of proceedings: Any person, including the accused, who disrupts a hearing, may be excluded from the proceedings. (e) Telephonic appearance. In the interest of fairness and expedience, the hearing authority may permit any person to appear by telephone, audio tape, written statement, or other means, as appropriate. (3) Evidence. (a) Evidence: Pertinent records, exhibits and written statements may be accepted as information for consideration by the hearing authority. However, hearing authorities are not bound by the rules of evidence observed by courts. The hearing authority may exclude incompetent, irrelevant, immaterial or unduly repetitious material. (b) The accused, and in cases of sexual harassment or sexual misconduct, the complainant and/or victim, have the right to view all material presented during the course of the hearing. (4) Standard of proof. The hearing authority shall determine whether the accused 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 the accused violated the student conduct code.(5) Sanctions. In determining what sanctions shall be imposed, the hearing authority 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 hearings 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. (6) Witnesses. (a) The complainant, victim, accused and hearing authority may present witnesses at council review hearings. (b) The party who wishes to call a witness is responsible for ensuring that the witness Is available and present at the time of the hearing. c) The hearing authority may exclude witnesses from the hearing room when they are not testifying. The hearing authority is not required to take the testimony of all witnesses called by the parties is such testimony may be inappropriate, irrelevant, immaterial, or unduly repetitious. (d) The accused has the right to hear or view all information provided by witnesses during the hearing. (7) Questioning: (a) The complainant and the accused may submit questions to be asked of each other or of any witnesses. Questions shall be submitted, in writing, to the hearing authority. The hearing authority may ask such questions, but is not required to do so. The hearing authority may reject any question which it considers inappropriate, irrelevant, immaterial or unduly repetitious. The hearing authority has complete discretion in determining what questions will be asked during the hearing. (b) During a conduct review hearing, only the hearing authority may pose questions to persons appearing before them. (c) The hearing authority may ask their own questions of any witness called before them. (8) The hearing authority 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 telephone, audio tape, written statement, or other means, as determined appropriate. (9) Summary hearing procedures. (a) The conduct review officer may hold a summary hearing with the accused only if all of the following conditions are met: (i) The accused waives his/her right to prior notice about a conduct review hearing; (ii) The accused requests that the case be heard in a summary hearing with the conduct review officer; and (iii) The conduct review officer agrees to conduct the summary hearing. The conduct review officer is not obligated to conduct a summary hearing, but may instead refer the case to the student disciplinary council for a council hearing. (b) Sexual misconduct cases. Allegations of sexual misconduct may not be resolved through a summary hearing but must be referred for a council hearing, unless the case has been otherwise resolved. (c) Scheduling. The summary hearing may take place immediately following the preliminary conference or it may be scheduled for a later date or time, except that, in cases of harassment, a summary hearing cannot take place without first notifying the complainant/victim of the hearing. If the summary hearing will be held at a later date or time, the conduct review officer shall schedule the hearing and notify the accused and, in the case of harassment, the complainant/victim of the date, time, and place of the hearing. The conduct review officer may coordinate with the parties to facilitate scheduling, but is not required to do so. (d) If the accused fails to appear at the summary hearing, the conduct review officer may conduct the summary hearing without the accused present or refer the case to the student disciplinary council for a council hearing under WAC 172–121–110. The conduct review officer may also place a hold on the accused’s academic records under WAC 172–121–080. (e) Deliberation: After the hearing, the conduct review officer shall decide whether the accused violated the student conduct code based on a preponderance of the evidence. (i) If the conduct review officer determines that there is not sufficient information to establish a violation by a preponderance of evidence, the conduct review officer shall dismiss the complaint. (ii) If the conduct review officer determines that the accused violated the student conduct code, the conduct review officer shall impose any number of sanctions as described in WAC 172–121–210. (f) Notification. The conduct review officer shall notify the accused, in writing, of the summary hearing outcome and the right to appeal. In the case of sexual harassment, gender-based harassment, or stalking, the victim shall be provided with written notice of: (i) The university’s determination as to whether such harassment occurred; (ii) the victim’s right to appeal; (iii) 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)). Information regarding the discipline of the accused will not be released unless: (A) The information contained in the record directly relates to the complainant, such as an order requiring the student harasser to not contact the complainant; or (B) The misconduct involves a crime of violence or a sexual assault, including rape, dating violence, domestic violence or stalking as defined in 42 U.S.C. Sec. 13925(a). (10) Council hearing procedures. (a) Scheduling and notification. If the conduct review officer has decided to refer the case to the student disciplinary council for a council hearing, the director of SRR shall schedule the hearing and notify the council, accused and the complainant/victim of the date, time, and location of the hearing in writing. The council must receive at least seventy-two hours’ notice as to the time and place of the hearing. The conduct review officer may coordinate with the parties to facilitate scheduling, but is not required to do so. (b) Deliberations and sanctions. Following the hearing, the council shall meet in closed session and, within seven days, determine by majority vote whether, by a preponderance of evidence, the accused violated the student conduct code. If the council determines the accused violated the conduct code, the council shall then decide what sanctions shall be imposed. Sanctions shall be decided by majority vote and in closed session. (c) Notification. The council chair shall forward the council decision to the director of SRR. The director of SRR shall notify the accused of the council’s decision and of the right to appeal. In the case of sexual harassment, gender-based harassment, stalking, or any act of sexual misconduct, the victim shall be provided with written notice of: (i) The university’s determination as to whether such harassment/sexual misconduct occurred; (ii) the victim’s right to appeal; (iii) 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)). Information regarding the discipline of the accused will not be released unless: (A) The information contained in the record directly relates to the complainant, such as an order requiring the student harasser to not contact the complainant; or (B) The misconduct involves a crime of violence or a sexual assault, including rape, dating violence, domestic violence or stalking as defined in 42 U.S.C. Sec. 13925(a).

WAC 172–121–130 Appeals. (1) Basis: Appeals may be filed by the accused or the complainant. In cases of harassment and/or sexual misconduct, the victim may also file an appeal. Appeals may be filed for one or more of the following reasons: (a) To determine whether the hearing was conducted according to established procedures. A hearing may have deviated from established procedures if: (i) The hearing was not conducted fairly in light of the charges and information presented; (ii) The complainant was not given a reasonable opportunity to prepare and to present information as provided by the student conduct code; (iii) The accused was not given a reasonable opportunity to prepare and to present a response as provided by the student conduct code. (b) The hearing authority misinterpreted the student conduct code. (c) To determine whether the decision reached by the hearing authority was based on the information presented and that the 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. (c) 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 which was not known to the appellant and could not reasonably have been discovered and presented by the appellant at the original hearing. It is the party’s obligation to present all evidence and the university 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. (2) Filing: Appeals may be filed following a conduct review hearing, subject to the following provisions: (a) The appeal must be submitted to the director of student rights and responsibilities within five business days of receipt of the decision; (b) The appeal shall be in writing and shall include: (i) The appellant’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 appellant is seeking. (3) Appeal authorities: (a) For summary hearings heard by the conduct review officer, appeals are determined by the student disciplinary council. (b) For student disciplinary council hearings, appeals are determined by the dean of students. (4) 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. (5) 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, the appellant’s notice of appeal and other information and/or explanation it has requested from the parties to the proceedings. (6) Decisions: After reviewing the appeal, the appeal authority may affirm, reverse, or remand the decision(s) of the hearing authority. (7) 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. (8) Sanctions: The appeal authority may affirm, reverse, remand, or modify the sanctions assigned to the accused. When determining sanctions, the appeal authority may consider the complete record of the accused’s prior conduct and academic performance in addition to all other information associated with the case (9) 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 shall notify, in writing, the accused, and, in cases of harassment or sexual misconduct, the complainant and victim, of the outcome of the appeal. (10) Further proceedings. The appeal authority’s decision Is final and no further appeals may be made under the student conduct code. (11) 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.

WAC 172–121–140 Interim restriction. In situations where there is cause to believe that a student or a student organization endangers the health, safety, or welfare of themselves, the university community, or property of the university community, the dean of students may take immediate action(s) against the student or student organization without prior notice or hearing. Simultaneous with such action(s), the dean of students will refer the charges to the conduct review officer, who will process such charges in accordance with the provisions of this student conduct code. Interim restriction is subject to the following: (1) Interim restriction actions may only be imposed in the following situations: (a) When a student or student organization poses an immediate threat to: (i) The health, safety or welfare of any part of the university community or public at large; (ii) The student’s own physical safety and well-being; or (iii) Any property of the university community; (b) When it is believed that the student’s or student organization’s continued attendance or presence may cause disorder, substantially interfere with or impede the lawful activities of others, or imperil the physical or mental health and safety of members of the university community; or (c) \When a student is undergoing criminal proceedings for any felony charge. (2) During the interim restriction period, a student may be restricted by any or all of the following means: (a) Denial of access, including but not limited to: Assignment to alternate university housing or removal from university housing, limitation of access to university facilities, or restriction of communication with specific individuals or groups; (b) Interim suspension, including temporary total removal from the university or restriction of access to campus; (c) Mandatory medical/psychological assessment of the student’s capability to remain in the university. (3) The dean of students will determine what restriction(s) will be placed on a student . (4) All interim restrictions that involve any type of restriction from any university premises will be accomplished by giving a notice against trespass. The notice against trespass may be given by any manner specified in WAC 172–122–200. (5) The dean of students will prepare a brief memorandum for record containing the reasons for the interim restriction. The dean of students will forward copies of the memorandum for record by personal delivery or by U.S. mail to the restricted student, student rights and responsibilities, and all other persons or offices bound by it. At a minimum, the memorandum will state: (a) The alleged act(s) or behavior(s) of the student or student organization which prompted the interim restriction; (b) How those alleged act(s) or behavior(s) constitute a violation of the student conduct code; and (c) How the circumstances of the case necessitated the interim restriction action(s). (6) In all such cases, the student or student organization may appeal the interim restriction to the vice president for student affairs. The challenge must be submitted, in writing, within ten business days after the interim restriction action is taken, unless the student requests an extension. Requests for extension will only be granted to review the following issues: (a) The reliability of the information concerning the student’s behavior; and (b) Whether the student’s continued presence or prior or present behavior warrants interim restriction for the causes listed in subsection (1) of this section. (7) As a result of the challenge, the vice president for student affairs will schedule a meeting with the accused. The vice president for student affairs may have the dean of students or any other person deemed relevant attend the meeting. The accused may have an advisor present at the meeting so long as the name of that person is provided to the director of SRR at least two business days prior to the scheduled meeting. (8) During the appeal meeting, the vice president for student affairs will review available materials and statements. After the meeting, the vice president for student affairs may uphold, modify, or terminate the interim restriction action. (9) The interim restriction does not replace the regular hearing process, which will proceed consistent with this chapter. (10) Duration. An interim restriction will remain in effect until terminated, in writing, but the student disciplinary council or the vice-president for student affairs.

WAC 172–121–200 Violations. The following are defined as offenses which are subject to disciplinary action by the university. (1) Acts of academic dishonesty. University policy regarding academic dishonesty is governed by the university academic integrity policy. However, repeated violations, as described in the academic integrity policy, are subject to action under the student conduct code. Academic dishonesty includes, but is not limited to, any of the following activities: (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; (c) Cheating by any method or means; (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; (e) Knowingly furnishing false information to a university official relative to academic matters. (2) Acts of social misconduct. (a) Abuse. Physical abuse, verbal abuse, and/or other conduct which threatens or endangers the health or safety of any person. (b) Bullying. Bullying is behavior that is: (i) Intentional; (ii) Targeted at an individual or group; (iii) Repeated; (iv) Objectively hostile or offensive; and (v) Creates an intimidating and/or threatening environment which produces a risk of psychological and/or physical harm. (c) Domestic violence and dating violence. (i) Domestic violence means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (B) Sexual assault of one family or household member by another; or (C) Stalking of one family or household member by another family or household member. (ii) Dating violence is a type of domestic violence, except the acts specified above are committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. In determining whether such a relationship exists, the following factors are considered: (A) The length of time the relationship has existed; (B) The nature of the relationship; and (C) The frequency of interaction between the parties involved in the relationship. (d) Harassment, gender-based harassment, and sexual harassment. (i) Harassment is 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. (ii) Gender-based harassment includes nonsexual acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on a person’s gender or nonconformity with gender stereotypes. Gender-based harassment violates this code and Title IX when it is sufficiently severe, pervasive, or persistent such that it denies or limits another’s ability to work, study, participate in, or benefit from the university’s programs or activities. (iii) Sexual harassment is unwelcome conduct of a sexual nature and may include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment violates this code and Title IX when it is sufficiently severe, pervasive, or persistent such that it denies or limits another’s ability to work, study, participate in, or benefit from the university’s programs or activities. In determining whether any of the above-listed types of harassment are severe, pervasive, or persistent, the university shall consider all relevant circumstances from both an objective and subjective perspective, including the type of harassment (verbal or physical); the frequency and severity of the conduct; the age, sex, and relationship of the individuals involved; the degree to which the conduct affected the victim; the setting and context in which the harassment occurred; whether other incidents have occurred at the university; and other relevant factors. (e) Retaliation. Any actual or threatened retaliation or any act of intimidation intended to prevent or otherwise obstruct the reporting of a violation of this code is prohibited and is a separate violation of this code. Any actual or threatened retaliation or act of intimidation directed towards a person who participates in an investigation or disciplinary process under this code is prohibited and is a separate violation of this code. (f) Sexual misconduct. Sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion, are types of sexual misconduct. Sexual violence is sexual intercourse or sexual contact with a person without his or her consent or when the person is incapable 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 or any other form of coercion or intimidation, physical or psychological. Sexual activity is nonconsensual when the victim is incapable of consent by reason of mental incapacity, drug/alcohol use, illness, unconsciousness, or physical condition. Sexual misconduct also includes, but is not limited to, indecent liberties, indecent exposure, sexual exhibitionism, sex-based cyber-harassment, prostitution or the solicitation of a prostitute, peeping or other voyeurism, or going beyond the boundaries of consent, such as by allowing others to view consensual sex or the nonconsensual recording of sexual activity. (g) Stalking. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for their health and/or safety or the health/safety of others; or (ii) Suffer substantial emotional distress. (h) Unauthorized use of electronic or other devices: Making an audio or video recording of any person while on university 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. 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. (3) Property violations. Theft of, or damage to, or misuse of another person’s or entity’s property. (4) Weapons. No individual shall have on their person, in their vehicle or otherwise in their possession any weapon, explosive, dangerous chemical or other dangerous instrument except as described in (a) through (c) of this subsection. Examples of weapons under this section include, but are not limited to: 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. : (a) Authorized law enforcement officers are permitted to carry arms while on duty and engaged in their regular duties; (b) Activities requiring use of the prohibited items may be conducted on approval of the activity by the board of trustees; (c) Persons are permitted to have firearms in their possession directly en route to or from campus firearm storage facilities where such possession is incidental to approved on or off campus possession or use of such firearms. (5) Failure to comply. (a) Failure to comply with lawful and/or reasonable directions of university officials or law enforcement officers acting in performance of their duties on campus or affecting conduct on campus; (b) 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; (c) Failure to attend any medical treatment or evaluation program when directed to do so by the dean of students, or other authorized university official. (6) Trespassing/unauthorized use of keys. (a) Trespass. Entering or remaining on university property without authorization. (b) Unauthorized use of keys and unauthorized entry. Unauthorized possession, duplication, or use of university keys or access cards. (7) Deception, forgery, fraud, unauthorized representation. (a) Knowingly furnishing false information to the university. (b) Forgery, alteration, or misuse of university 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. (c) Forgery or issuing a bad check with intent to defraud. (d) Unauthorized representation. The unauthorized use of the name of the university or the names of members or organizations in the university community. (8) Safety. (a) Intentionally activating a false fire alarm. (b) Making a bomb threat. (c) Tampering with fire extinguishers, alarms, or safety equipment. (d) Tampering with elevator controls and/or equipment. (e) Failure to evacuate during a fire, fire drill, or false alarm. (9) Alcohol, drugs, and controlled substances. (a) 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 twenty-one use, possess, distribute, manufacture or sell alcoholic beverages. Public intoxication is also prohibited. (b) Illegal drugs and paraphernalia. Use, possession, distribution, manufacture, or sale of marijuana, drug paraphernalia, and/or illegal drugs, narcotics or controlled substances, is prohibited except. (ii) Being under the influence of marijuana or an illegal substance, 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. (10) Hazing. Any act which, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization: : (a)Endangers the mental or physical health or safety of any student or other person; (b) Destroys or removed public or private property; or (c) Compels an individual to participate in any activity which is illegal contrary to university rules. The express or implied consent of any participant is not a defense. A person who is apathetic or acquiesces in the presence of hazing violates this rule. (11) Disruptive conduct/obstruction. (a) Disruptive conduct. Conduct which unreasonably interferes with any person’s ability to work or study, or obstructs university operations or campus activities. . (b) Disorderly conduct. Conduct that is disorderly, lewd, indecent or a breach of peace. (c) Obstruction. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university sponsored or university-supervised events. (d) Demonstration. Participation in a campus demonstration which violates university regulations. (a) Violation of a local, county, state, or federal law. (b) Violation of other university policies or regulations. (13) Assisting/attempts. Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this code. (14) Acts against the administration of this code. (a) Initiation of a complaint or charge knowing that the charge was false or with reckless disregard of its truth. (b) 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. (c) Knowing violation of the terms of any disciplinary sanction or attached conditions imposed in accordance with this code. (15) Other responsibilities: (a) 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. (b) Students studying abroad. Students who participate in any university sponsored or sanctioned foreign country study program shall observe the following rules and regulations: (i) The laws of the host country; (ii) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying; (iii) Any other agreements related to the student’s study program in the foreign country; and (iv) The student conduct code. (16) Student organization and/or group offenses. Clubs, organizations, societies or similarly organized groups in or recognized by the university and/or ASEWU are subject to the same standards as are individuals in the university community. The commission of any of the offenses in this section by such groups or the knowing failure of any organized group to exercise preventive measures relative to violations of the code by their members shall constitute a group offense.

WAC 172–121–210 Sanctions. If any student or student organization is found to have committed any of the offenses described in WAC 172–121–200, one or more of the following sanctions may be imposed against the student or student organization. Failure to comply with any imposed sanction may result in additional sanctions. (1) Individual student sanctions: (a) Admonition: An oral statement to a student that he/she has violated university 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 university-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 the university 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 university conduct officer and the student disciplinary council may assess monetary fines up to a maximum of four hundred dollars against individual students for violation of university rules or regulations or for failure to comply with university 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 the university 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.30.125, a person who participates in the hazing of another forfeits entitlement to state-funded grants, scholarships or awards for a specified period of time. (i) Assessment: Referral for drug/alcohol or psychological [ 25 ] 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. Suspension is subject to the processes outlined in this chapter except any suspension must also be approved by the dean of students and the vice-president for student affairs before such sanction is imposed. (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. Dismissal actions will be accomplished by issuing both an order of dismissal and a notice against trespass. The notice against trespass may be given by any manner specified in chapter 9A.52 RCW. Expulsion is subject to the processes outlined in this chapter except any suspension must also be approved by the dean of students and the vice-president for student affairs before such sanction is imposed. (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. (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; (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 university or ASEWU recognition for a group, club, society or other organization. Restriction is subject to the processes outlined in this chapter except any suspension must also be approved by the dean of students and the vice-president for 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. Revocation is subject to the processes outlined in this chapter except any suspension must also be approved by the dean of students and the vice-president for student affairs before such sanction is imposed.; (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.


Appendix B

Chapter 172–191 WAC

Student Education Records

WAC Sections Last Update: 9/14/09

172–191–010 Purpose.
172–191–020 Definitions.
172–191–030 Annual notification of rights.
172–191–040 Right of review and inspection.
172–191–050 Obtaining copies of records.
172–191–060 Amendment of records.
172–191–070 Hearings.
172–191–080 Disclosure of education records requiring consent.
172–191–090 Disclosures authorized without consent.
172–191–100 Directory information.
172–191–110 Right to file a complaint.

WAC 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–010, filed 9.14.09, effective 10.15.09.]

172–191–020

WAC 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., work study 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–020, filed 9.14.09, effective 10.15.09.]

172–191–030

WAC 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–030, filed 9.14.09, effective 10.15.09.]

172–191–040

WAC 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

(C) Receipt of an honor or honorary recognition.

(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 inspect 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.

(c) Waivers must be in writing and signed and dated by the student.

(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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–040, filed 9.14.09, effective 10.15.09.]

172–191–050

WAC 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;

(b) If the student has outstanding debts owed to the university, so that the university may facilitate collection of such debts; and/or

(c) 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–050, filed 9.14.09, effective 10.15.09.]

172–191–060

WAC 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–060, filed 9.14.09, effective 10.15.09.]

172–191–070

WAC 172–191–070 Hearings.
Following receipt of a request for a hearing under WAC 172–191–060, the registrar will schedule the hearing. The associate vice president for enrollment services 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 associate vice president for enrollment services 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 associate vice president for enrollment services or his/her designee cannot have a direct interest in the outcome of the hearing.

(2) If the associate vice president for enrollment services 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 associate vice president for enrollment services 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 associate vice president for enrollment services 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 associate vice president for enrollment services 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–070, filed 9.14.09, effective 10.15.09.]

172–191–080

WAC 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–080, filed 9.14.09, effective 10.15.09.]

172–191–090

WAC 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;

(c) Determine the conditions of financial aid; or

(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 non-minor 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 non-forcible 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 non-forcible 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–090, filed 9.14.09, effective 10.15.09.]

172–191–100

WAC 172–191–100 Directory information.
Directory information is defined to include: Student's name, address, email address, student net identification number, telephone number, date and place of birth, participation in officially recognized activities and sports, weight, height and birth dates of athletic team members; dates of attendance at the university, 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 files a written request restricting the disclosure of the information. A student's election to opt out of directory information disclosures does not prevent the university from disclosing or requiring a student to disclose his/her name, identifier, or university email address in a class in which the student is enrolled.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–100, filed 9.14.09, effective 10.15.09.]

172–191–110

WAC 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.

[Statutory Authority: RCW 28B.35.120(12). 09–19–064, § 172–191–110, filed 9.14.09, effective 10.15.09.]


Appendix C

Chapter 250–18 WAC

Residency Status for Higher Education

Excerpted from Chapter 250–18 Washington Administrative Code Last Update: 10.04.06

WAC Sections
250–18–010 Purpose and applicability.
250–18–015 Definitions.
250–18–020 Student classification.
250–18–025 Classification procedure.
250–18–030 Establishment of a domicile.
250–18–035 Evidence of financial dependence or independence.
250–18–045 Administration of residency status.
250–18–050 Appeals process.
250–18–055 Recovery of fees for improper classification of residency.
250–18–060 Exemptions from nonresident status.

Dispositions of Sections Formerly Codified in This Chapter

250–18–040 Evidence of financial dependency.
[Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–040, filed 9.8.82.] Repealed by 03–13–056, filed 6.13.03, effective 7.14.03. Statutory Authority: RCW 28B.15.015.

WAC 250–18–010 Purpose and applicability.
This chapter is promulgated pursuant to RCW 28B.15.015 by the board to establish the necessary regulations for the administration of residency status in higher education. Institutions shall apply the provisions of the regulations specified in chapter 250–18 WAC for the uniform determination of a student’s resident and nonresident status and for recovery of fees for improper classification of residency.

[Statutory Authority: RCW 28B.15.015. 93–20–004, § 250–18–010, filed 9.22.93, effective 10.23.93. Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–010, filed 9.8.82.]

WAC 250–18–015 Definitions.
(1) The term “institution” shall mean a public university, college, or community college within the state of Washington.

(2) The term “domicile” shall denote a person’s true, fixed, and permanent home and place of habitation for other than educational purposes. It is the place where he or she intends to remain, and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere.

(3) The term “reside” shall mean the maintenance and occupancy of a primary residence in the state of Washington.

(4) The term “financially independent” shall be determined according to WAC 250–18–035.

(5) The term “dependent” shall mean a person who is not financially independent.

(6) The term “resident” for tuition and fee purposes shall be determined according to WAC 250–18–020.

(7) The term “nonresident” for tuition and fee purposes shall be determined according to WAC 250–18–020.

(8) The term “recovery of fees” shall apply to the amounts due to the institution or the student as a result of improper classification.

(9) The term “civil service” shall mean Washington state or federal government nonmilitary employment.

[Statutory Authority: RCW 28B.15.015. 03–13–056, § 250–18–015, filed 6.13.03, effective 7.14.03. Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–015, filed 9.8.82.]

WAC 250–18–020 Student classification.
(1) For a student to be classified as a “resident” for tuition and fee purposes, he or she must prove by evidence of a sufficient quantity and quality to satisfy the institution that he or she:

(a)(i) Has established a bona fide domicile in the state of Washington primarily for purposes other than educational for the period of one year immediately prior to commencement of the first day of the semester or quarter for which he or she has registered at any institution; and(ii) Is financially independent; or

(b) Is a dependent student, one or both of whose parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution provided that any student who has spent at least seventy-five percent of both his or her junior and senior years in high school in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who has enrolled in a public institution of higher education within six months of leaving high school, shall be considered a resident only for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; or

(c) Is a person who has completed the full senior year of high school and obtained a high school diploma-both at a Washington public or private high school approved under chapter 28A.195 RCW (or who has received the equivalent of a diploma). The person must have lived in Washington at least three years immediately prior to receiving the diploma (or its equivalent), and lived continuously in Washington state after receiving the diploma (or its equivalent) until the time of admittance to an institution of higher education (defined as a public university, college, or community college within the state of Washington). In addition, the person must provide an affidavit to the institution indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so. Furthermore, the individual must indicate a willingness to engage in other activities necessary to acquire citizenship, including, but not limited to, citizenship or civics review courses; or

(d) Is a student who is on active military duty stationed in the state, or who is a member of the Washington national guard; or

(e) Is the spouse or dependent of an active duty military person stationed in the state of Washington; or

(f) Is a student who resides in Washington and is the spouse or dependent of a member of the Washington national guard; or

(g) Is a student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition program agreement under RCW 28B.15.725 ; or

(h) Is a student domiciled for one year in one or a combination of the following states: Idaho, Montana, Oregon, or Washington, and is a member of a federally recognized tribe whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington. The official list of federally recognized Washington tribes maintained by the governor's office of Indian affairs shall be used to determine eligibility.

(i) Is a student who is a resident of Oregon residing in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county. The student must meet the following conditions:

(i) Is eligible to pay resident tuition rates under Oregon laws and has been domiciled in one or more of the designated Oregon counties for at least ninety days immediately prior to enrollment at a community college located in the following Washington counties: Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, or Walla Walla; or

(ii) Is a student enrolled for eight credits or less at the Tri-Cities branch or Vancouver branch of Washington State University. (2) A student shall be classified as a “nonresident” for tuition and fee purposes if he or she does not qualify as a resident student under the provisions of subsection (1) of this section. A nonresident student shall include a student if he or she:

(a) Will be financially dependent for the current year or was financially dependent for the calendar year prior to the year in which application is made and who does not have a parent or legally appointed guardian who has maintained a bona fide domicile in the state of Washington for one year immediately prior to the commencement of the semester or quarter for which the student has registered at an institution; (b) Attends an institution with financial assistance provided by another state or governmental unit or agency thereof wherein residency in that state is a continuing qualification for such financial assistance, such non-residency continuing for one year after the completion of the quarter or semester for which financial assistance is provided. Such financial assistance relates to that which is provided by another state, governmental unit or agency thereof for direct or indirect educational purposes and does not include retirements, pensions, or other noneducational related income. A student loan guaranteed by another state or governmental unit or agency thereof on the basis of eligibility as a resident of that state is included within the term “financial assistance; (c) Is not a citizen of the United States of America, unless such person holds permanent or temporary resident immigration status, “refugee-parolee,” or “conditional entrant” status or is not otherwise permanently residing in the United States under color of law and further meets and complies with all applicable requirements of and 250 18035 .

(3) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington.

(4) Any resident dependent student who remains in this state when such student's parents or legal guardians, having theretofore been domiciled in this state for a period of one year immediately prior to commencement of the first day of the semester or quarter for which the student has registered at any institution, move from this state, shall be entitled to continued classification as a resident student so long as such student is continuously enrolled during the academic year. [Statutory Authority: RCW 28B.15.015 . 06–20–118, § 250–18–020, filed 10/4/06, effective 11/4/06; 03–20–053, § 250–18–020, filed 9/26/03, effective 10/27/03; 03–13–056, § 250–18–020, filed 6/13/03, effective 7/14/03. Statutory Authority: RCW 28B.15.015 and 28B.15.0131 . 98–08–004, § 250–18–020, filed 3/18/98, effective 4/18/98. Statutory Authority: 28B.15.015 . 93–20–004, § 250–18–020, filed 9/22/93, effective 10/23/93. Statutory Authority: Chapter 28B.15  RCW as amended by 1982 1st ex.s. c 37 § 4. 87–21–079 (Order 5–87, Resolution No. 87–60), § 250–18–020, filed 10/21/87; 87–16–048 (Order 3–87, Resolution No. 87–58), § 250–18–020, filed 7/29/87. Statutory Authority: 1982 1st ex.s. c 37 § 4. 83–13–092 (Order 2–83, Resolution No. 83–65), § 250–18–020, filed 6/17/83; 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–020, filed 9/8/82.]

WAC 250–18–025 Classification procedure.
(1) After a student has registered at any institution as a nonresident, such student’s classification shall remain unchanged in the absence of evidence of a sufficient quantity and quality to satisfy the institution to the contrary. The provision of such evidence to the contrary may be initiated by the student or the institution.

(2) Application for a change in classification shall be accepted up to the thirtieth calendar day following the first day of the instruction of the quarter or semester for which application is made. Applications made after that date in any quarter or semester shall be considered to have been filed as of the first day of the subsequent quarter or semester.

(3) Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution.

(4) Approval of an application for resident status shall be made only after satisfaction that the requirements of domicile and independency or dependency have been made in compliance with RCW 28B.15.012 and WAC 250–18–030 and 250–18–035. Reclassification from nonresident to resident status preliminarily approved sixty days or more prior to the satisfaction of a one–year durational domicile shall be supplemented with additional documented proof of domicile if deemed necessary by the institution prior to final approval.

(5) The burden of proof that a student, parent, or legally appointed guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

(6) For any student classified as a resident or authorized to pay resident fees or exempted from the payment of the nonresident differential on a basis other than an established domicile in the state of Washington, the fee paying status of such student shall be subject to determination each term on the basis of chapter 28B.15 RCW.

[Statutory Authority: RCW 28B.15.015. 03–13–056, § 250–18–025, filed 6/13/03, effective 7/14/03. Statutory Authority: 1982 1st ex.s. c 37 § 4. 83–13–092 (Order 2–83, Resolution No. 83–65), § 250–18–025, filed 6/17/83; 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–025, filed 9/8/82.]

WAC 250–18–030 Establishment of a domicile.
The domicile of any person shall be determined according to the individual’s overall situation and circumstances and is not determined on the basis of a single factor; nor is a predetermined number of factors required. Institutions shall require evidence of a Washington domicile that is of sufficient quantity and quality to negate the existence of a domicile in a state other than Washington.

A nonresident student who is enrolled for more than six hours per semester or quarter shall be presumed to be in the state of Washington for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that he or she has, in fact, established a bona fide domicile in this state primarily for purposes other than educational.

To aid the institutions in determining whether a student, parent, legally appointed guardian, or the person having legal custody of a student has established a bona fide domicile in the state of Washington primarily for purposes other than educational, the following factors are to be considered for both the individual and his or her spouse. The weight assigned to any given factor should depend on the ease with which it might be established and the degree to which it demonstrates commitment to domicile as a matter of common sense and as part of the individual’s overall circumstances.

(1) Location and duration of registration or payment of taxes or fees on any motor vehicle, mobile home, travel trailer, boat, or any other item or personal property owned or used by the person;

(2) State and duration of any driver’s license for the previous one year;

(3) Location and duration of any continuous full-time employment of the previous one year;

(4) Address and other pertinent facts listed on a true and correct copy of federal and state income tax returns for the calendar year prior to the year in which application is made;

(5) Location and duration of any voter registration for the previous one year;

(6) Location and duration of primary residence, evidenced by title, lease agreement, or monthly rental receipts for the previous one year;

(7) Residence status in all secondary and postsecondary schools attended outside the state of Washington;

(8) Location and duration of any checking accounts, savings accounts, and/or safety deposit boxes for the previous one year;

(9) Address listed on selective service registration;

(10) Location of membership in professional, business, civic or other organizations;

(11) Receipt of benefits under a public assistance programs;

(12) State claimed as residence for obtaining eligibility to hold a public office or for judicial actions;

(13) State claimed as residence for obtaining state hunting or fishing licenses;

(14) State in which a custodial parent has a child attending public schools.

[Statutory Authority: RCW 28B.15.015. 03–13–056, § 250–18–030, filed 6/13/03, effective 7/14/03. Statutory Authority: 1982 1st ex.s. c 37 § 4. 83–13–092 (Order 2–83, Resolution No. 83–65), § 250–18–030, filed 6/17/83; 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–030, filed 9/8/82.]

WAC 250–18–035 Evidence of financial dependence or independence.
A person is financially independent if he or she has not been and will not be claimed as an exemption and has not received and will not receive significant financial assistance in any form directly or indirectly from his or her parents, relatives, legal guardians, or others for the current calendar year and for the calendar year immediately prior to the year in which application is made.

(1) To consider a claim that a person is financially independent, the institution may require such documentation as deemed necessary, including but not limited to the following:

(a) That individual’s sworn statement.

(b) A true and correct copy of the state and federal income tax return of the person for the calendar year immediately prior to the year in which application is made.

Should a person not have filed a state or federal income tax return because of minimal or no taxable income, documented information concerning the receipt of such nontaxable income may be submitted.

(c) A true and correct copy of the person’s W–2 forms filed for the previous calendar year.

(d) Other documented financial resources, which may include but are not limited to the sale of personal or real property, inheritance, trust funds, state or financial assistance, gifts, loans, or statement of earnings of the spouse of a married student.

(e) A true and correct copy of the first and signature page of the state and federal tax returns of the parents, legally appointed guardians, or person or persons having legal custody of the student for the calendar year immediately prior to the year in which application is made.

The extent of the disclosure required concerning the parent’s or legal guardian’s state and federal tax returns shall be limited to the listing of dependents claimed and the signature of the taxpayer and shall not require disclosure of financial information contained in the returns.

(f) A student whose parents are both deceased or who has been made an official ward of the court may be required to provide documentation attesting to the fact of such circumstances.

(g) Evidence of coverage for medical, life, automobile, and property insurance.

(2) To aid institutions in determining the financial independence of a student whose parents, legally appointed guardian, or person having legal custody of the student do not provide the documentation because of total separation or other reasons from the student, documentation clearly stating the student’s status and relationship with his or her parents or legal guardian from a responsible third person, e.g., family physician, lawyer, or social worker may be submitted.

(3) To be considered financially independent, a student must demonstrate by evidence satisfactory to the institution that he or she has met, through his or her income, the expenses associated with college tuition and living for the current calendar year and the calendar year immediately prior to the year in which application is made. Personal loans, PLUS loans (parent loan for undergraduate students), gifts, and cash earnings shall not be counted as income in this calculation. Financial aid grants, scholarships and loans authorized by the financial aid office in the student’s name may be considered as personal income.

(4) A trust or other account available to the student shall be considered evidence of financial dependence. If the account was created before the student entered high school, there shall be a rebuttable presumption of dependence.

(5) Information submitted by the student to the institution on the financial aid form may be used to affirm the authenticity of information submitted on an application.

(6) In all cases, the burden of proof that a student is financially independent lies with the student.

[Statutory Authority: RCW 28B.15.015. 03–20–053, § 250–18–035, filed 9/26/03, effective 10/27/03; 03–13–056, § 250–18–035, filed 6/13/03, effective 7/14/03. Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–035, filed 9/8/82.]

WAC 250–18–045 Administration of residency status.
Administration of residency status shall be the responsibility of the institution’s board of trustees or regents in compliance with RCW 28B.15.011 through 28B.15.014 and chapter 250–18 WAC.

Boards of trustees or regents shall designate an institutional official responsible for making decisions on resident and nonresident status of students, and for maintaining records and documentation in support of such decisions.

Institutions shall use a uniform statewide form consistent with the provisions of chapter 250–18 WAC for the determination of change in residence status.

[Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–045, filed  9/8/82.]

WAC 250–18–050 Appeals process.
Any final institutional determination of classification shall be considered a ruling on a contested case and shall be subject to court review only under procedures prescribed by chapter 34.05 RCW.

[Statutory Authority: RCW 28B.15.015. 93–20–004, § 250–18–050, filed 9/22/93, effective 10/23/93. Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–050, filed 9/8/82.]

WAC 250–18–055 Recovery of fees for improper classification of residency.
To aid the institutions in the determination of accuracy of statements made by a student, institutions shall require that a student affirm the authenticity of all information and supporting documentation provided by his or her signature thereon.

If erroneous, untrue, or incorrect information submitted results in an improper classification of resident or nonresident status, or if a final determination is reversed through the appeals process, institutions shall recover from the student or refund to the student as the case may be an amount equal to the total difference in tuition and fees had the proper classification been made.

[Statutory Authority: 1982 1st ex.s. c 37 § 4. 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–055, filed 9/8/82.]

WAC 250–18–060 Exemptions from nonresident status.
In accordance with RCW 28B.15.014, certain nonresidents may be exempted from paying the nonresident tuition and fee differential. Exemption from the nonresident tuition and fee differential shall apply only during the term(s) such persons shall hold such appointments or be so employed. To be eligible for such an exemption, a nonresident student must provide documented evidence that he or she does reside in the state of Washington, and:

(1) Holds a graduate service appointment designated as such by an institution involving not less than twenty hours per week;

(2) Is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week;

(3) Is a faculty member, classified staff member, or administratively exempt employee who resides in the state of Washington and is holding not less than a half-time appointment, or the spouse or dependent child of such a person;

(4) Is an immigrant having refugee classification from the U.S. Immigration and Naturalization Service or the spouse or dependent child of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship; or

(5) Is a dependent of a member of the United States Congress representing the state of Washington.

[Statutory Authority: RCW 28B.15.015. 03–20–053, § 250–18–060, filed 9/26/03, effective 10/27/03. Statutory Authority: RCW 28B.15.015 and 28B.15.0131. 98–08–004, § 250–18–060, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28B.15.015. 93–20–004, § 250–18–060, filed 9/22/93, effective 10/23/93. Statutory Authority: Chapter 28B.15 RCW as amended by 1982 1st ex.s. c 37 § 4. 87–21–079 (Order 5–87, Resolution No. 87–60), § 250–18–060, filed 10/21/87; 87–16–048 (Order 3–87, Resolution No. 87–58), § 250–18–060, filed 7/29/87. Statutory Authority: 1982 1st ex.s. c 37 § 4. 85–20–035 (Order 5–85, Resolution No. 86–2), § 250–18–060, filed 9/24/85; 84–14–024 (Order 3–84, Resolution No. 84–75), § 250–18–060, filed 6/26/84; 82–19–015 (Order 10–82, Resolution No. 83–1), § 250–18–060, filed 9/8/82.]

Note: These “exemptions” require that the university utilize limited tuition waiver funds to offset the non–resident tuition for such students. As the tuition waiver funds are limited by statute, these “exemptions” are not automatic and depend on current university tuition waiver policies as approved by the Board of Trustees annually.


Appendix D

Chapter 172–130 WAC

Undergraduate Housing Requirement

WAC Sections
172–130–010 Students required to reside in university residence halls.
172–130–020 Exceptions.
172–130–030 Process.

WAC 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.

WAC 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.

WAC 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.


Appendix E

EWU Policy 402–01

Human Rights Policy

EWU Policy 402–01 Authority: EWU Board of Trustees Effective June 22, 2011 Proponent: President’s Office

Purpose: This policy describes university standards for affirmative action, equal opportunity, and discrimination. It also establishes procedures for handling related complaints or incidents of policy violations.

History: This policy was adopted by the EWU Board of Trustees on June 22, 2011, superseding the previous version dated November 19, 2010. This policy was originally adopted on Sep 12, 2008 and superseded UGS 600–090–020 through 600–090–080.

Applicability: This policy applies to all university personnel and students.

Human Rights EWU Policy 402–01

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: This conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.

b. Exception: in accordance with RCW 49.60.222, the University may consider student’s gender, marital status, or the existence of dependent children in making assignments to residence halls and other student housing.

1–1. General

This policy describes university measures in support of state and federal anti-discrimination laws and establishes procedures for responding to associated complaints. Eastern Washington University will not tolerate any form of discrimination and will take appropriate action against a university employee or student who violates any part of this policy.

1–2. Goal

The goal of this policy is to promote an environment that is free of discrimination, sexual harassment, and retaliation. To facilitate that goal, the University retains authority to discipline or take other appropriate action for any conduct that is deemed unacceptable or inappropriate, regardless of whether the conduct rises to the level of unlawful discrimination, sexual harassment, or retaliation.

1–3. Scope

This policy applies to all EWU programs and facilities, including, but not limited to, student services, educational programs and employment. All members, visitors and guests of the campus community are required to comply with this policy. EWU employees and students conducting university business at a location off-campus, i.e. business trips, internships, etc, are also subject to the provisions of this policy.

1–4. Reprisal or Retaliation

It is a violation of this policy and RCW 42.40.020 for any person to engage in reprisal or retaliation against an individual because that individual has, in good faith, opposed the use of a practice forbidden by this policy, or has filed a complaint, testified, assisted, or participated in an investigation, or has attempted to do so.

1–5. 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. During an investigation, complaint information will only be disseminated on a need-to-know basis. Files subject to public disclosure will be released to the extent required by law.

1–6. References

1. EWU Guideline 402–01, Investigations

2. Titles VI and VII of the Civil Rights Act of 1964

3. Title IX of the Education Amendments of 1972

4. Sections 503 and 504 of the Rehabilitation Act of 1973

5. Age Discrimination in Employment Act Amendment (78)

6. 29 CFR Part 1635, Regulations under the Genetic Information Nondiscrimination Act of 2008

7. Vietnam Era Veteran’s Readjustment Asst Act (74)

8. The Americans with Disabilities Act (ADA)

9. The Civil Rights Act of 1991

10. WAC 172–120, Student Conduct Code

11. Washington State Laws on Discrimination

12. RCW 49.60, Discrimination–human rights commission

13. Collective Bargaining Agreements

Chapter 2 - Responsibilities

2–1. University President

The university president is responsible for overall compliance with federal and state anti-discrimination laws. The president will ensure development and implementation of university affirmative action, equal opportunity, and discrimination policies and programs. The president will promote those programs and policies and monitor university compliance.

2–2. Director Equal Opportunity / Affirmative Action /ADA Compliance (EO/AA/ADA)

All training and compliance efforts with respect to these laws and regulations are under the direction of the Director EO/AA/ADA. The Director will:

a. clearly communicate to employees and students that EWU will not tolerate any form of discrimination, including sexual harassment;

b. inform employees and students that discriminatory behaviors will subject the offender to disciplinary action under this policy;

c. provide training on discrimination and sexual harassment as required or requested;

d. establish and maintain an effective complaint process; and,

e. respond appropriately when a complaint is received.

2–3. Supervisors and Faculty

Supervisors and faculty members play a key role in both preventing and responding to discriminatory acts or behaviors.

a. Prevention: Prevention is the best method for eliminating discrimination and sexual harassment in the workplace. Supervisors and faculty members can help prevent discrimination and sexual harassment by modeling appropriate behaviors and by arranging discrimination prevention training when necessary.

b. Response: When supervisors and faculty members become aware of incidents of discrimination and/or harassment, they will take appropriate action based on the situation. In all cases, the supervisor or faculty member will report the incident or behavior to appropriate authorities.

c. Faculty members have the additional responsibility to monitor student activities in the classroom and to take appropriate action when discriminatory or harassing behaviors or incidents occur.

d. Supervisors and faculty who are – or should be – aware of discriminatory practices or sexual harassment

within their department, area, or classroom will be held responsible for their actions in response to such circumstances. In determining such responsibility, the supervisor’s or faculty member’s extent of control over the circumstances and any corrective actions they have taken will be considered.

Chapter 3 - Human Rights

3–1. Equal Opportunity and Affirmative Action

Eastern Washington University is committed to equal opportunity, fair treatment, and taking affirmative action to increase the number and retention of students and employees from historically underrepresented groups. The University maintains an affirmative action program in support of federal requirements and provides updates on program activities to Office Federal Contract Compliance Program (OFCCP) and Washington State Department of Personnel, as required.

To help meet university affirmative action goals, all advertisements for employment will include the following statement:

“Eastern Washington University is committed to increasing and retaining the diversity of its faculty, staff, students and academic programs. We are an affirmative action/equal opportunity employer. Applications from members of historically underrepresented groups are especially encouraged.”

3–2. Discrimination / Sexual Harassment

The term discrimination, as it is used throughout this policy, means all forms of discrimination and sexual harassment as defined by state and federal antidiscrimination laws.

a. Eastern Washington University does not discriminate on the basis of race, color, creed, religion, national origin, sex, sexual orientation, gender identity/expression, genetic information, age, marital status, families with children, honorably discharged veteran or military status or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. Any discriminatory action can be a cause for disciplinary action.

a. Sexual harassment is a form of discrimination and is a violation of the basic tenets of human dignity. Sexual harassment violates university policies, federal and state civil rights laws, and professional ethics. Eastern Washington University does not tolerate sexual harassment. The U.S. Equal Employment Opportunity Commission defines sexual harassment as:

Chapter 4 - Complaints Process

4–1. General Provisions

The formal and informal complaint procedures are accessible to all EWU faculty, students, staff, guests and visitors.

a. Any complaint(s) under this policy must be made in good faith and be filed within six (6) months of the alleged act of discrimination. (RCW 49.60.230 (2)).

b. Employees or students who have cause to believe they are being subjected to unlawful discrimination are encouraged to seek confidential advice and assistance as soon as possible.

c. When an informal or formal complaint is filed the complainant and alleged offender will fully cooperate with management and/or the investigator to help ensure a thorough and timely complaint process and resolution.

d. An aggrieved party may file a formal complaint by:

(1) Completing an official complaint form and filing it with the EO Office. The form is available at the EWU Equal Opportunity web site and at any of the offices listed in chapter 5.

(2) Sending an email to the EO Office.

(3) Telephoning the EO Office.

(4) Contacting any agency listed in chapter 5.

4–2. Informal Complaint Process

a. The Discrimination/Sexual Harassment complaint form is available on the web at the EWU Equal Opportunity web site and at any of the offices listed in chapter 5.

b. Because victims subjected to unlawful discrimination may find it difficult to personally and formally address

discriminatory actions, informal assistance can be provided at the agencies listed in chapter 5.

c. In lieu of a formal complaint, the following methods for an informal resolution are available to faculty, staff, and students.

(1) Directly address the matter with the alleged offender.

(2) Ask your supervisor or a co-worker to intervene on your behalf.

(3) Engage in an informal meeting with the alleged offender and his/her supervisor or manager.

(4) Request Mediation with the alleged offender. Mediation will be performed by the EO Office or other qualified mediator.

(5) Report matter to the EO Office for assistance.

Use of the University informal process does not restrict the complainant from the external or formal complaint process. If the informal process is unsuccessful or no longer an option, the external and or formal process is available to resolve complaint. The EWU Discrimination/Sexual Harassment complaint form is available on the web at the EWU Equal Opportunity web site and at any of the offices listed in chapter 5.

4–3. Formal Complaint Process

If a complainant decides to file a formal complaint, they may file their complaint through either of the methods shown below.

a. University (Internal) Complaint. This is a formal complaint filed with the university that will initiate an investigation by the Equal Opportunity Office.

b. External Complaint. This is a formal complaint that is filed with an agency listed in paragraph 5–3.

(1) When complaints are filed simultaneously with another investigative agency, any pending or ongoing EO investigation will be suspended until findings are provided by the other agency or until such time as the complaint is referred to the University for investigation.

(2) For additional guidance and information on the formal complaint investigation process, contact the Equal Opportunity Office.

Chapter 5 - Resources

5–1. Complaints

At any time, a complainant may file a discrimination complaint with the Director of Equal Opportunity, Affirmative Action, ADA Compliance.
Equal Opportunity/Affirmative Action/ADA Compliance 214 Showalter Hall
509.359.2371

5–2. Assistance

Personnel in the following offices are available to assist with concerns or issues related to this policy.

Equal Opportunity/Affirmative Action/ADA Compliance 214 Showalter Hall
509.359.2371

Human Resources, Rights and Risk 314 Showalter Hall
509.359.2381

Dean of Students Office 320 Pence Union Building
509.359.2292

President’s Office 214 Showalter Hall
509.359.2371

5–3. External Complaint Federal and State Agencies

A complainant may file a complaint for investigation by an agency listed below. Upon filing, the complainant will proceed under the processes and guidelines of that agency

Washington State Human Rights Commission 905 Riverside, Suite 416, Spokane, WA 99201 509.456.4473
U.S. Office for Civil Rights Department of Education 2910 3rd Avenue, Mail Stop 106, Seattle, WA 206.442.1636 
U.S. Department of Labor Wage and Hour Division 909 First Avenue, Room 1068, Seattle, WA 509.353.2793
Office of Federal Contract Compliance Room 3038, Regional Office 909 First Avenue, Seattle, WA 206.398.8005.
Equal Employment Opportunity Commission 1321 2nd Avenue, 7th Floor, Seattle, WA 98101 206.442.0968.


Appendix F

EWU Policy 104–01

Diversity Policy

EWU Policy 104–01 Authority: EWU Board of Trustees. Effective June 22, 2011 Proponent: University President

Purpose: This policy establishes and describes the President’s Diversity Committee for Eastern Washington University.

History: This is a revision to existing policy. EWU Policy 104–01 was adopted by the EWU Board of Trustees on Sep. 11, 2009, superseding UGS Policy 100 060 120 (May 2004), President’s Advisory Committee on Diversity. This revision was adopted by the Board of Trustees on June 22, 2011.

Applicability: This policy applies to all activities, operations and programs at Eastern Washington University.

1. Committee Responsibilities

The President’s Diversity Committee shall:

a. promote diversity at EWU by facilitating programs, assessments, events, initiatives, and similar activities in support of the President,

b. support, develop, implement, assess, and monitor all matters with regards to diversity,

c. advise the President on diversity issues, and

d. promote effective participation by members of all racial, ethnic and under-represented groups in the civic life of the university

2. Composition

The University President shall appoint the members of the Committee. The Committee shall consist of:

a. a committee chair

b. the Director of Equal Opportunity and Affirmative Action;

c. one faculty member, nominated by the faculty senate;

d. one administrative exempt employee, nominated by vice presidents in consultation with the university president;

e. one classified staff employee, nominated by the classified staff union president

f. two students, nominated by the ASEWU president

g. one Academic Affairs representative

h. one Business and Finance representative

i. one Student Affairs representative

j. one International Affairs representative

k. three ethnic program representatives

l. one women’s studies representative

m. one Pride Center representative

n. one Disability Support Services representative

The president may appoint the director of Equal Opportunity and Affirmative Action as the committee chair. In such cases, the president shall also appoint another employee to serve on the committee.

3. Terms

Committee members shall be appointed for varying terms of 1–3 years. Members may be appointed to shorter terms for the purpose of staggering ending dates of individual terms. Committee members may also be re-appointed.

4. Voting

Seven voting members of the committee constitute a quorum. The committee chair may not vote except as needed to break a tie.

5. Ex Officio Committee Members

Ex officio members of the committee include, but are not limited to:

a. university president or designee

b. provost or designee

c. ASEWU Diversity Outreach Representative

d. IRB director

6. Responsibilities

The specific responsibilities of the committee include:

a. review and assess the campus climate and current university programs and initiatives relative to advancing diversity efforts;

b. recommend policies, strategies, programs, and activities involving which support the diversity goals and requirements of EWU; EWU Policy 104–01 • June 22, 2011;

c. encourage members of the campus community to develop specific action solutions that will enhance and advance diversity efforts at Eastern;

d. promote programs and efforts designed to advance diversity efforts;

e. develop and implement ideas and strategies relevant to issues of diversity;

7. Committee Chair Responsibilities

a. Meetings: Each year, the chair of the committee will develop a regular schedule for meetings. The schedule will be distributed to committee members and to members of the executive committee. The current meeting schedule will also be maintained on the president’s diversity committee website.

Minutes: The committee chair will provide minutes of the meetings to committee members and to members of the executive committee. Minutes will also be maintained on the president’s diversity committee website.

8. References

a. UGS Policy 600–090–025, Diversity Policy

b. EWU Board of Trustees Diversity Initiative Plan, approved April 5, 2002.

c. EWU Academic Strategic Planning Report 2003–04, revised September 2006.