reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-010 - Introduction

Current through Register Vol. 24-14, July 15, 2024
The student conduct code is intended to support the mission
				and values of Western Washington University by promoting integrity,
				responsibility, and accountability. As a public institution of higher
				education, the university is committed to maintaining a learning environment
				that supports student development through fostering community values and
				promoting holistic well-ness for the Western community. As members of this
				community, students are expected to understand and comply with the student
				conduct code, as well as other university rules, regulations, procedures, and
				policies.
The board of trustees of Western Washington University, acting
				under the authority of
				RCW
				 28B.35.120(12) has
				established the following regulations for student conduct. The responsibility
				for enforcement of the student conduct code lies with the university president
				and is delegated to the vice president of enrollment and student
				services.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-010, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-030 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct code applies to all
			 conduct that occurs on university property or in connection with any official
			 university function.
(2) Student
			 conduct that occurs off campus may be subject to the student conduct code when
			 it:
(a) Adversely affects the safety or
			 well-being of any member of the university community; or
(b) Adversely affects the pursuit of the
			 university's vision, mission, or values; or
(c) Involves academic work or any records,
			 documents, or identifications of the university.
In determining whether to exercise jurisdiction over such
				conduct, a conduct officer shall consider the seriousness of the alleged
				offense, the risk of harm involved, and whether the alleged complai-nant(s) are
				members of the university community. Any question of interpretation or
				application of jurisdiction shall be referred to the dean of students for final
				determination.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-040 - Student responsibility for guests

Current through Register Vol. 24-14, July 15, 2024
(1) Guests and
			 visitors on university property or at official university functions are
			 expected to follow all university policies and procedures, as well as all
			 applicable local, state, and federal laws and regulations.
(2) Students who invite guests into their
			 campus residence hall or apartment, or to official university functions open
			 only to Western students, are responsible for the behavior of their guests. As
			 a result, a student may be held responsible for any alleged violation(s) of the
			 code committed by their guests. See also WAC
			 516-24-001 Conduct of campus
			 guests and visitors.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-040, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-050 - Academic dishonesty

Current through Register Vol. 24-14, July 15, 2024
The university's policy and procedures regarding academic
				dishonesty are addressed in the academic honesty policy and procedure. As noted
				in the policy, academic dishonesty at Western Washington University is a
				serious infraction dealt with severely. For a list of actions that constitute
				academic dishonesty, refer to the academic honesty policy and procedure in the
				catalog.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-050, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-055 - Amnesty

Current through Register Vol. 24-14, July 15, 2024
(1) In situations involving intoxication,
			 alcohol poisoning, or drug-related medical issues, students are encouraged to
			 seek swift medical assistance for themselves and others without fear of
			 penalty. Students requesting and receiving medical assistance in these
			 situations are not typically subject to the student conduct process. This
			 policy refers to isolated incidents and does not excuse students who repeatedly
			 or flagrantly violate the alcohol or drug policy, nor does it preclude action
			 arising from other violations of the code. Western will consider the positive
			 impact of reporting a situation when determining any course of
			 action.
(2) Complainants and
			 witnesses who in good faith report sexual violence will not be subject to
			 alcohol or drug violations of the code occurring at or near the time of the
			 sexual violence unless their own conduct placed another person's health or
			 safety at risk. Without imposing sanctions, Western may initiate educational
			 remedies regarding alcohol or drug use.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-060 - Conduct that harms or threatens health or safety

Current through Register Vol. 24-14, July 15, 2024
Conduct that harms, attempts to harm, or threatens the health
				or safety of any member of the Western community by any means (e.g., in person,
				through a third party, online). This includes, but is not limited to:
(1) Physical assault.
(2) Any threat stated or implied, to the
			 health, safety or well-being of others.
(3) Any contact or communication of a
			 threatening nature that intimidates, harasses, and would cause a reasonable
			 person similarly situated to fear for their safety or well-being.
(4) Intoxication or impairment through the
			 use of alcohol or other substances to the point that a student is unable to
			 exercise care for their own safety or well-being.
(5) Sexual violence including sexual assault,
			 dating violence, domestic violence, and stalking or any other type of sexual
			 misconduct or gender-based discrimination.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-060, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-070 - Disruptive behavior

Current through Register Vol. 24-14, July 15, 2024
Behavior that substantially disrupts, disturbs, or interferes
				with the ability of students to learn or their on-campus living environment or
				the ability of university officials to perform their assigned duties is a
				violation of the code. Disruptive behavior includes, but is not limited
				to:
Any behavior that substantially disrupts, disturbs, or
				interferes with:
(1) Classroom
			 activities or other educational pursuits;
(2) Official university activities or
			 functions including, but not limited to, ceremonies, meetings, office
			 functions, performances, or athletic events;
(3) Pedestrian or vehicular traffic;
			 or
(4) The preservation and
			 protection of university property and/or the personal property of members of
			 the university community.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-070, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-080 - Failure to comply

Current through Register Vol. 24-14, July 15, 2024
Failure to comply with the instructions or directives of any
				university official or other public official acting in performance of their
				duties, or failure to identify oneself when asked to do so by a university
				official or other public official acting in performance of their duties, is a
				violation of the code.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-080, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-090 - False information

Current through Register Vol. 24-14, July 15, 2024
Providing or creating false information is a violation of the
				code. False information includes, but is not limited to:
(1) Forging, altering, mutilating, or
			 destroying any university document or record, or entering false information
			 into such documents or records;
(2)
			 Possessing or presenting as authentic any falsified document, record, or
			 identification;
(3) Intentionally
			 making false accusations or charges against another member of the university
			 community; and
(4) Knowingly
			 providing false information or statements to any university official or other
			 public official acting in performance of their duties.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-090, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-100 - Fire safety and false alarms

Current through Register Vol. 24-14, July 15, 2024
Tampering with, altering, or disabling fire safety equipment,
				including emergency call devices, fire alarms, fire exits, fire extinguishers,
				smoke/heat detectors, or sprinkler systems; intentionally activating a fire
				alarm; making a false report of a fire or other emergency; or refusing to leave
				a building when a fire alarm sounds or when directed to by a university
				official or by emergency personnel are violations of the
				code.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-100, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-110 - Harassment (other than sexual harassment or discriminatory harassment)

Current through Register Vol. 24-14, July 15, 2024
Harassment is conduct by any means that is severe or
				pervasive. It is of such a nature that it would cause a reasonable person in
				the complainant's position substantial emotional distress and undermine their
				ability to work, study, or participate in their regular life activities or
				participate in the activities of the university. Harassment causes the
				complainant substantial emotional distress and undermines the complainant's
				ability to work, study, or participate in the complainant's regular life
				activities or participate in the activities of the
				university.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-110, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-115 - Discrimination and discriminatory harassment

Current through Register Vol. 24-14, July 15, 2024
Discrimination or discriminatory harassment is prohibited on
				the basis of race, ethnicity, color, national origin, age, citizenship or
				immigration status, pregnancy, use of protective leave, genetic status, sex,
				sexual orientation, gender identity, gender expression, marital status, creed,
				religion, veteran or military status, disability or the use of a trained guide
				dog or service animal by a person with a disability; and as defined in Western
				Washington University policy POL-U1600.02 and POL-U1600.04, which prohibit
				discrimination, sexual harassment, and sexual misconduct. Anyone filing or
				involved in a complaint of discrimination is protected against
				retaliation.
(1) Sexual harassment is
			 a violation of the code. Sexual harassment is any unwelcome conduct of a sexual
			 nature including unwelcome sexual advances, requests for sexual favors, or
			 other verbal, nonverbal, electronic, or physical conduct of a sexual nature,
			 when:
(a) It has a tangible impact on a
			 student's education including, but not limited to, classroom experiences,
			 academic grades, living environment, participation in a university activity;
			 or
(b) It is sufficiently severe,
			 persistent and pervasive to interfere with a member of the university
			 community's ability to work, study, or participate in their regular activities,
			 or benefit from the university's programs or activities and creates a hostile
			 environment.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-120 - Hazing

Current through Register Vol. 24-14, July 15, 2024
Hazing, defined as any act that, as an explicit or implicit
				condition for initiation or admission into, affiliation with, or continued
				membership in a group or organization, endangers the health, safety, or
				well-being of any member of the university community, is a violation of the
				code. Examples of hazing include, but are not limited to:
(1) Requiring the consumption of any food,
			 alcohol, drug, or other substance.
(2) Requiring forced participation in
			 physical activities, including calisthenics, exercise, or other games or
			 activities that entail physical exertion.
(3) Requiring exposure to weather elements or
			 to other physically or emotionally uncomfortable situations, including sleep
			 deprivation, confinement in small spaces, physical bondage, and/or taking a
			 student to an outlying area and dropping them off.
(4) Requiring conduct that can be reasonably
			 expected to embarrass another, including the performance of public stunts or
			 activities such as scavenger hunts.
(5) Requiring anything that would be illegal
			 under city, state, or federal law, or in violation of any university policies
			 or procedures, including the code.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-120, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-130 - Alcohol

Current through Register Vol. 24-14, July 15, 2024
Except as permitted by law (e.g., possession or use by a
				person of legal age) and/or university policy, the possession, use,
				distribution, or sale of alcohol while on university property or at an official
				university function is a violation of the code. See also
Policy
				Concerning Alcohol and Other Drugs
in the appendices section of the
				university catalog.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-130, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-140 - Drugs and paraphernalia

Current through Register Vol. 24-14, July 15, 2024
Except as permitted by law and university policy, the
				possession, use, cultivation, manufacturing, packaging, distribution, or
				provision of a controlled or illegal substance or the possession of drug
				paraphernalia while on university property or at an official university
				function is a violation of the code. This code violation also includes the
				intentional misuse or distribution of prescription drugs or inhalants;
				including volatile, aerosols, gases, and nitrites. See also
Policy
				Concerning Alcohol and Other Drugs
in the appendices section of the
				university catalog.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-140, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-150 - Interfering with a university complaint process

Current through Register Vol. 24-14, July 15, 2024
Interfering with a university complaint process is a violation
				of the code. This includes, but is not limited to:
(1) Giving a false report or claim;
(2) Attempting to influence the impartiality
			 of any decision maker including appeals board member(s);
(3) Participating in or encouraging
			 retaliation against a complainant or witness;
(4) Threatening, harassing, or intimidating
			 complainants or witnesses;
(5)
			 Disrupting or interfering with the orderly conduct of a hearing or meeting;
			 and
(6) Failing to comply with any
			 sanction(s) imposed as the result of a code violation.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-150, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-160 - Misuse of computers, electronic data or communication systems

Current through Register Vol. 24-14, July 15, 2024
Misuse of computers, electronic data, or communication systems
				is a violation of the code. This includes, but is not limited to:
(1) Unauthorized entry into a file, web page,
			 e-mail account, or online profile to use, download, read, transfer, or change
			 the contents, or for any other purpose;
(2) Unauthorized use of another person's
			 university-issued identification and password;
(3) The use of campus computing facilities,
			 networks (including wireless networks), equipment, or services to interfere
			 with the normal operation of the university computing system or the work of any
			 member of the university community;
(4) The use of campus computing facilities,
			 networks (including wireless networks), equipment, or services to "cyber stalk"
			 another person or to send obscene, abusive, harassing, or sexually harassing
			 messages;
(5) The use of campus
			 computing facilities, networks (including wireless networks), equipment, or
			 services to illegally copy, distribute, download, or upload information
			 (including movies, music, or other digital content) from the internet or any
			 electronic source;
(6) The use of
			 campus computing facilities, networks (including wireless networks), equipment,
			 or services to illegally copy, reproduce, or distribute licensed
			 software;
(7) Attempting to modify
			 system facilities or networks, including the introduction of electronic
			 vandalism (e.g., "viruses," "worms," or other disruptive/destructive programs)
			 into university computing resources or those connected to it by the network;
			 and
(8) The use of campus computing
			 facilities, networks (including wireless networks), equipment or services for
			 personal profit or for any use other than authorized university business.
Students are also responsible for reading and complying with
				all provisions set forth in the Western Washington University policy for
				responsible computing, the user agreement for WWU network and computing
				resources, and the using copyrighted materials policy.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-160, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-170 - Obstructing police and safety personnel

Current through Register Vol. 24-14, July 15, 2024
Obstructing, interfering with, or delaying police or other
				fire, safety, or emergency personnel is a violation of the
				code.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-170, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-180 - Sexual misconduct

Current through Register Vol. 24-14, July 15, 2024
Sexual misconduct is a violation of the code and includes
				nonconsensual sexual contact, sexual exploitation, and sexual violence (sexual
				assault, dating violence, domestic violence, and stalking or any other type of
				sexual misconduct or gender-based discrimination). See also WAC
				516-21-110 Harassment (other than
				sexual harassment or discriminatory harassment), WAC
				516-21-115 Discrimination or
				discriminatory harassment, WAC
				516-21-060 Conduct that harms or
				threatens, WAC
				516-21-188 Stalking, WAC
				516-21-184 Dating violence, and
				WAC 516-21-186 Domestic
				violence.
(1) Consent to any sexual
			 activity must be clear, knowing, and voluntary. Anything less is equivalent to
			 a "no." Clear, knowing, and voluntary consent to sexual activity requires that,
			 at the time of the act, actual words or conduct demonstrate clear permission
			 regarding willingness to engage in sexual activity and the conditions of such
			 activity. Silence or passivity is not consent. Consent is ongoing and can be
			 withdrawn at any time. Even if words or conduct alone seem to imply consent,
			 sexual activity is nonconsensual when:
(a)
			 Force or coercion is threatened or used to procure compliance with the sexual
			 activity;
(i) Force is the use of physical
			 violence, physical force, threat, or intimidation to overcome resistance or
			 gain consent to sexual activity.
(ii) Coercion is unreasonable pressure for
			 sexual activity. Coercive behavior differs from seductive behavior based on the
			 type of pressure someone uses to obtain consent from another. When an
			 individual makes it clear through words or actions that they do not want to
			 engage in sexual contact, want to stop, or do not want to go past a certain
			 point of sexual interaction, continued pressure beyond that point may be
			 coercive. Other examples of coercion may include using blackmail, extortion, or
			 a position of power to overcome resistance or gain consent to sexual
			 activity.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-184 - Dating violence

Current through Register Vol. 24-14, July 15, 2024
Conduct by a student who is or has been in a romantic or
				intimate relationship with another that intentionally or recklessly causes
				bodily injury or places another in reasonable fear of bodily injury is a
				violation of the code. The nature of the relationship is determined by the
				length, type, and frequency of interaction between them. Sexual violence
				includes sexual assault, dating violence, domestic violence, and stalking or
				any other type of sexual misconduct or gender-based
				discrimination.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-186 - Domestic violence

Current through Register Vol. 24-14, July 15, 2024
Conduct by a student with whom the victim shares a child in
				common, who is cohabitating with or has cohabitated with another as a spouse or
				a person situated to a spouse by law with another that includes physical
				violence, bodily injury, assault, the infliction of fear of imminent physical
				harm, sexual assault, or stalking. Sexual violence includes sexual assault,
				dating violence, domestic violence, and stalking or any other type of sexual
				misconduct or gender-based discrimination.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-188 - Stalking

Current through Register Vol. 24-14, July 15, 2024
Engaging in a course of unwelcomed conduct (e.g., following,
				monitoring, observing, surveilling, threatening, communicating or interfering
				with property) directed at a specific person that would cause a reasonable
				person to fear for their safety, or the safety of others, or suffer substantial
				emotional distress, is a violation of the code. Stalking includes, but is not
				limited to, conduct occurring in person, electronically, and/or through a third
				party.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-190 - Student violation of the law

Current through Register Vol. 24-14, July 15, 2024
Students are expected to abide by all local, state, and federal
				laws while on campus or at official university functions. Failure to comply
				with these laws is a violation of the code.
Western reserves the right to take action if a student's
				off-campus conduct is determined to adversely affect the safety or well-being
				of any member of the university community or the pursuit of the university's
				vision, mission, or values as set forth in WAC
				516-21-030 Jurisdiction.
Proceedings under the code may be carried out prior to,
				simultaneously, or following civil or criminal proceedings in the courts. Due
				to the standard of proof under the code (preponderance of evidence) differing
				from that of criminal law, decisions made through the student conduct process
				are not subject to challenge on the grounds that criminal charges involving the
				same incident have been dismissed or reduced by a court of
				law.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-190, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-195 - Notification of criminal arrest

Current through Register Vol. 24-14, July 15, 2024
Failure by the student to notify the office of student life of
				any off-campus felony arrest, or when the arrest is for an offense that is
				violent, weapons-related, involves kidnapping, or requires that the student
				register as a sex offender by any legal authority within the U.S., within five
				calendar days of release from custody is a violation of the code. The
				university may send a letter to the student requiring that they make an
				appointment for an interview. During this interview, the dean of students or
				their designee shall discuss with the student:
(1) The facts involved in the student's
			 arrest;
(2) The student's
			 obligation to keep the university informed of the progress of any criminal
			 charge(s);
(3) The student's
			 obligation to advise the university of the final disposition of any criminal
			 charge(s); and
(4) Whether the
			 behavior falls under jurisdiction of the student code.
The university will cooperate with law enforcement and other
				agencies administering a corrective or rehabilitative program for the student.
				See also
POL-U5620.02 Notifying Campus Community About Sex and
				Kidnapping Offenders
.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-200 - Theft or intentional damage of property

Current through Register Vol. 24-14, July 15, 2024
Theft or intentional damage of property is a violation of the
				code. Theft includes, but is not limited to, attempted or actual theft of
				university property or services or the property or services of any member of
				the university community, visitors, or guests. It is also prohibited to possess
				stolen property or to intentionally damage, destroy, or vandalize the property
				of the university or others.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-200, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-210 - Trespassing

Current through Register Vol. 24-14, July 15, 2024
Trespassing is a violation of the code. Trespassing includes,
				but is not limited to:
(1)
			 Unauthorized entry into, occupation, or use of any university-owned or
			 controlled property, equipment, or facilities;
(2) Unauthorized entry into, occupation, or
			 use of any restricted areas of the campus, including research areas and utility
			 tunnels;
(3) Unauthorized
			 possession, duplication, or use of keys, including cards or alphanumeric
			 pass-codes, to any university-owned or controlled property, equipment, or
			 facilities; and
(4) Remaining in or
			 on university-owned or controlled property after permission to remain has been
			 revoked by any university official, including university police.
Statutory Authority:
				  RCW
				  28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-210, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-220 - Weapons and destructive devices

Current through Register Vol. 24-14, July 15, 2024
Possession, use, storage, or manufacture of firearms,
				ammunition, explosives, or other weapons or destructive devices capable of
				causing bodily injury or damage to property, on university property or at
				official university functions, is a violation of the code. Weapons and
				destructive devices include, but are not limited to, the unauthorized use or
				possession of:
(1) Firearms or
			 projectile devices of any kind, including BB, pellet, paintball, and airsoft
			 guns, bow and arrow, and sling shots;
(2) Martial arts weapons of any kind,
			 including nun-chucks, swords, or throwing stars;
(3) Fireworks of any kind;
(4) Dangerous chemicals;
(5) Any knife with a blade longer than three
			 inches (excluding kitchen utensils); and
(6) Weapons classified as dangerous in
			 RCW
			  9.41.250. This does not include the lawful
			 possession of any personal protection spray device authorized under
			 RCW
			  9.91.160.
See also WAC
				516-52-020
				Weapons and armaments prohibited.
Statutory Authority:
				  RCW
				   28B.35.120(12) and  20 U.S.C. 1681-1688  (Title IX Education Amendments of 1972). 12-01-021, §
				  516-21-220, filed 12/9/11, effective
				  1/9/12.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-240 - Student conduct system

Current through Register Vol. 24-14, July 15, 2024
(1) The vice
			 president for enrollment and student services is responsible for administration
			 of the code. Supervision of the code has been delegated by the vice president
			 to the dean of students.
(2) A
			 conduct officer(s) shall be appointed and supervised by the dean of students or
			 their authorized designee. A conduct officer has the authority to consider
			 complaints, make findings, and administer sanctions for violations of the code.
			 In complaints alleging a violation of any type of sexual misconduct or
			 gender-based discrimination including Title IX sexual harassment which
			 encompasses quid pro quo harassment, hostile environment, domestic violence,
			 dating violence, stalking or sexual assault which includes nonconsensual sexual
			 intercourse, non-consensual sexual contact, incest or statutory rape,
			 complaints should be made to Western Washington University's office of civil
			 rights and Title IX compliance. A final investigation report from Western
			 Washington University's office of civil rights and Title IX compliance (or
			 their designee) will be provided to the conduct officer in lieu of the conduct
			 officer's investigation. The conduct officer will then consider this report and
			 make a referral to the Title IX committee.
(3) Appeal board members shall be appointed
			 to consider appeals of a conduct officer's findings and sanctions. Appeal board
			 members shall include a pool of the following:
(a) Four faculty members, appointed by the
			 faculty senate; and
(b) Four staff
			 members, generally but not exclusively from the division of enrollment and
			 student services, confirmed by the dean of students.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-245 - Interim measures

Current through Register Vol. 24-14, July 15, 2024
After receiving a complaint of misconduct, the dean of students
				may implement interim measures intended to safeguard a member, or members, of
				the Western community. An interim measure will be as minimally restrictive as
				possible and will remain in place until the complaint is resolved. Interim
				measures can include administrative no-contact orders, trespass orders, or
				similar directives. Notices for interim measures are made in writing and will
				include how an objection can be raised.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-250 - Student rights in the conduct process

Current through Register Vol. 24-14, July 15, 2024
Alleged violations of the code will be resolved through the
				student conduct process, respecting fairness and due process for all involved
				parties.
(1) A student accused of
			 violating the code, known as the respondent, has certain rights in the conduct
			 process. These include the right to:
(a)
			 Receive prior written notice to attend meetings with a conduct officer or
			 hearings with an appeals board delivered via e-mail to the student's official
			 university e-mail account;
(b)
			 Provide evidence on their own behalf, including the names or written statements
			 of individuals who can offer information regarding the incident in
			 question;
(c) Be accompanied
			 through the conduct process by an advisor of their choice and at their own
			 expense. A respondent should select as an advisor a person who is not involved
			 in the same complaint and whose schedule allows attendance at the scheduled
			 date and time for the scheduled meeting or hearing. The scheduling conflicts of
			 an advisor are not considered good cause for a delay;
(d) Remain silent or decline to respond to
			 any ques-tion(s) during any conduct meeting or hearing;
(e) Review information relied upon by the
			 conduct officer or appeals board in making a determination;
(f) Receive written notification of the
			 findings, decision, and basis for each, delivered via e-mail to the student's
			 official university e-mail account, within seven business days of the date of
			 the final meeting with a conduct officer, or ten business days of the date of a
			 hearing with an appeals board;
(g)
			 Request an appeal of a decision by a conduct officer, as described in WAC
			 516-21-280 Basis for
			 appeal;
(h) Request a review of an
			 appeal, as described in WAC
			 516-21-280 Basis for appeal;
			 and
(i) Waive any of the rights
			 contained in this section.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-260 - Procedures for immediate interim suspension

Current through Register Vol. 24-14, July 15, 2024
In consultation with university officials, the dean of
				students may suspend a student from the university on an immediate interim
				basis, pending criminal proceedings, or a medical evaluation, and/or action
				through the student conduct process.
(1) An interim suspension may only be imposed
when the dean of students has cause to believe that the
				student:
(a) Has violated the student
			 conduct code; and
(b) Poses an
			 immediate danger to the safety or security of the university community;
			 and/or
(c) Poses an ongoing threat
			 of serious disruption or interference with the normal operations of the
			 university.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-270 - Proceedings for violations of the code

Current through Register Vol. 24-14, July 15, 2024
(1) Any member of
			 the university community may file a complaint against a student for a violation
			 of the student conduct code. A complaint should be made in writing to the
			 office of student life. Additionally, information received from any source
			 (police report, third party, online, etc.) may be considered a
			 complaint.
(2) After a
			 consideration of the complaint, a conduct officer may take any of the following
			 actions:
(a) Review the complaint, investigate
			 and make a finding whether the code was violated and impose
			 sanction(s);
(b) Terminate the
			 proceeding and enter a finding that there is no violation of the code and/or
			 that the respondent is not responsible for the alleged conduct violation;
			 or
(c) Dismiss the investigation,
			 which may be reopened at a later date if relevant information that was unknown
			 to the conduct officer arises.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-280 - Basis for appeal

Current through Register Vol. 24-14, July 15, 2024
(1) A student
			 found in violation of the code may appeal the conduct officer's findings and/or
			 the sanctions imposed. For incidents involving violence and/or sexual violence,
			 including sexual assault, dating violence, domestic violence, and stalking or
			 any other type of sexual misconduct or gender-based discrimination, a
			 complainant may also request an appeal. An appeal may be requested for any
			 reason including:
(a) The proceedings were not
			 conducted in conformity with prescribed procedures and significantly impacted
			 the outcome of the student conduct process;
(b) The sanctions imposed are substantially
			 disproportionate to the violation(s) committed;
(c) The decision reached did not properly
			 consider the information presented; and/or
(d) New information becomes available that
			 was unavailable at the time of the original meeting and could substantially
			 impact the original decision. A summary of this new information and its
			 potential impact must be included. The dean of students or designee may then
			 refer the complaint to the conduct officer for further action as
			 appropriate.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-291 - Order of precedence under Title IX

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				by the United States Department of Education. See  34 C.F.R Part 106  . To the
				extent these supplemental hearing procedures conflict with Western Washington
				University's standard disciplinary procedures, WAC
				516-21-240 and
				516-21-270, these supplemental
				procedures shall take precedence.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-292 - Jurisdiction under Title IX

Current through Register Vol. 24-14, July 15, 2024
(1) This
			 supplemental procedure applies only if the alleged misconduct:
(a) Occurred in the United States;
(b) Occurred during a Western Washington
			 University educational program or activity; and
(c) Meets the definition of sexual harassment
			 as that term is defined in this supplemental procedure.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-293 - Prohibited conduct under Title IX

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 28B.50.140(13) and Title IX
				of the Education Amendments Act of 1972,
				20 U.S.C.
				Sec. 1681, Western Washington University may
				impose disciplinary sanctions against a student who commits, attempts to
				commit, or aids, abets, incites, encourages, or assists another person to
				commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual
				harassment" encompasses the following conduct:
(1) Quid pro quo harassment. A Western
			 Washington University employee conditioning the provision of an aid, benefit,
			 or service of Western Washington University on an individual's participation in
			 unwelcome sexual conduct.
(2)
			 Hostile environment. Unwelcome conduct that a reasonable person would find to
			 be so severe, pervasive, and objectively offensive that it effectively denies a
			 person equal access to Western Washington University's educational programs or
			 activities, or employment.
(3)
			 Sexual assault. Sexual assault includes the following conduct:
(a) Nonconsensual sexual intercourse. Any
			 actual or attempted sexual intercourse (anal, oral, or vaginal), however
			 slight, with any object or body part, by a person upon another person, that is
			 without consent and/or by force. Sexual intercourse includes anal or vaginal
			 penetration by a penis, tongue, finger, or object, or oral copulation by mouth
			 to genital contact or genital to mouth contact.
(b) Nonconsensual sexual contact. Any actual
			 or attempted sexual touching, however slight, with any body part or object, by
			 a person upon another person that is without consent and/or by force. Sexual
			 touching includes any bodily contact with the breasts, groin, mouth, or other
			 bodily orifice of another individual, or any other bodily contact in a sexual
			 manner.
(c) Incest. Sexual
			 intercourse or sexual contact with a person known to be related to them, either
			 legitimately or illegitimately, as an ancestor, descendant, brother, or sister
			 of either wholly or half related. Descendant includes stepchildren and adopted
			 children under the age of eighteen.
(d) Statutory rape. Consensual sexual
			 intercourse between someone who is eighteen years of age or older and someone
			 who is under the age of sixteen.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-294 - Initiation of discipline under Title IX

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
			 the Title IX final investigation report from the Title IX coordinator, the
			 student conduct officer will independently review the report to determine
			 whether there are sufficient grounds to pursue a disciplinary action against
			 the respondent for engaging in prohibited conduct under Title IX.
(2) If the student conduct officer determines
			 that there are sufficient grounds to proceed under these supplemental
			 procedures, the student conduct officer will initiate a Title IX disciplinary
			 proceeding by filing a written disciplinary notice with the chair of the
			 student conduct committee and serving the notice on the respondent and the
			 complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
			 jurisdiction;
(b) Identify the
			 alleged Title IX violation(s);
(c)
			 Set forth the facts underlying the allegation(s);
(d) Identify the range of possible sanctions
			 that may be imposed if the respondent is found responsible for the alleged
			 violation(s);
(e) Explain that the
			 parties are entitled to be accompanied by their chosen advisors during the
			 hearing and that:
(i) The advisors will be
			 responsible for questioning all witnesses on the party's behalf;
(ii) An advisor may be an attorney;
			 and
(iii) Western Washington
			 University will appoint the party an advisor of Western Washington University's
			 choosing at no cost to the party, if the party fails to do so.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-295 - Prehearing procedure under Title IX

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
			 the disciplinary notice, the chair of the student conduct committee will send a
			 hearing notice to all parties, in compliance with WAC
			 516-21-250. In no event will the
			 hearing date be set less than ten days after the Title IX coordinator provided
			 the final investigation report to the student conduct officer.
(2) A party may choose to have an attorney
			 serve as their advisor at the party's own expense. This right will be waived
			 unless, at least five days before the hearing, the attorney files a notice of
			 appearance with the committee chair with copies to all parties and the student
			 conduct officer.
(3) In
			 preparation for the hearing, the parties will have equal access to all evidence
			 gathered by the investigator during the investigation, regardless of whether
			 Western Washington University intends to offer the evidence at the
			 hearing.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-296 - Rights of parties under Title IX

Current through Register Vol. 24-14, July 15, 2024
(1) Western
			 Washington University's student conduct procedures, WAC
			 516-21-250 and
			 516-21-270 and this supplemental
			 procedure shall apply equally to all parties.
(2) Western Washington University bears the
			 burden of offering and presenting sufficient testimony and evidence to
			 establish that the respondent is responsible for a Title IX violation by a
			 preponderance of the evidence.
(3)
			 The respondent will be presumed not responsible until such time as the
			 disciplinary process has been finally resolved.
(4) During the hearing, each party shall be
			 represented by an advisor who will conduct all questioning on the party's
			 behalf. The parties are entitled to an advisor of their own choosing and the
			 advisor may be an attorney. If a party does not choose an advisor, then the
			 Title IX coordinator will appoint an advisor of Western Washington University's
			 choosing on the party's behalf at no expense to the party.
Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-297 - Evidence under Title IX

Current through Register Vol. 24-14, July 15, 2024
The introduction and consideration of evidence during the
				hearing is subject to the following procedures and restrictions:
(1) Relevance: The committee chair shall
			 review all questions for relevance and shall explain on the record their
			 reasons for excluding any question based on lack of relevance.
(2) Relevance means that information elicited
			 by the question makes facts in dispute more or less likely to be
			 true.
(3) Questions or evidence
			 about a complainant's sexual predisposition or prior sexual behavior are not
			 relevant and must be excluded, unless such question or evidence:
(a) Is asked or offered to prove someone
			 other than the respondent committed the alleged misconduct; or
(b) Concerns specific incidents of prior
			 sexual behavior between the complainant and the respondent, which are asked or
			 offered on the issue of consent.