reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-437 - Procedures for administrative review from a full hearing

Current through Register Vol. 24-14, July 15, 2024
(1) When the reviewing officer(s) conducts an
				administrative review, the reviewing officer(s) shall:
(a) Personally consider the whole record or
				such portions of it as may be cited by the parties;
(b) Exercise all the decision-making power
				that the reviewing officer would have had to decide and enter the final order
				had the reviewing officer presided over the hearing, except to the extent that
				the issues subject to review are limited by a provision of law or by the
				reviewing officer(s) upon notice to all the parties;
(c) Afford each party an opportunity to
				present written argument and may afford each party an opportunity to present
				oral argument to explain the party's position but any such argument shall not
				be considered as evidence;
(d)
				Review information submitted to the review panel in the request for review or
				response to request for review; and
(e) Review newly discovered evidence, if the
				basis for seeking administrative review is that newly discovered evidence has
				become available; however the review of newly discovered evidence is limited to
				determining whether the newly discovered evidence warrants remanding the matter
				for further proceedings.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-440 - Communications with reviewing officers

Current through Register Vol. 24-14, July 15, 2024
All communications with reviewing officers, except for
				  communications necessary to procedural aspects of maintaining an orderly
				  process, must be in the presence of, or with a copy to, all other parties. Ex
				  parte communications received by reviewing officers must be placed on the
				  record, and all other parties must be informed of the ex parte communication
				  and given an opportunity to respond on the record.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-443 - Order from administrative review of a full hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty calendar days of receipt of
				all response(s) submitted by the parties or oral argument, if any, whichever is
				later, the reviewing officer(s) will issue an order, which will include the
				outcome, any sanction, and a brief statement of the reasons for the outcome.
				All parties will receive simultaneous, written notification of the outcome of
				the review.
(2) The reviewing
				officer(s) may reach one of the following results:
(a) Conclude there is no basis for remand or
				alteration of sanctions, and issue a final order disposing of the
				proceeding;
(b) Remand for further
				fact finding or review if newly discovered evidence may have impacted the
				result or if the record demonstrates material error with instructions to the
				presiding officer who entered the initial order;
(c) Increase or reduce the sanction(s), and
				issue a final order disposing of the proceeding; or
(d) Issue a final order disposing of the
				proceeding or remand the matter for further proceedings on any other grounds
				that would warrant modification, withdrawal, or reversal of the order, with
				instructions to the presiding officer who entered the initial order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-445 - Process following remand from administrative review of a full hearing

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				proceeding is remanded, the initial order will be rescinded and the reviewing
				officer(s) will describe, in writing, the reasons for the remand. Following
				remand, additional proceedings will be conducted as necessary to address the
				reasons for the remand.
(2) At the
				conclusion, the hearing officer will issue an initial order, which shall
				include all matters required by
				RCW
				 34.05.461(3). The hearing
				officer will serve the initial order to the parties, simultaneously and in
				writing. The initial order will include an explanation of how to request
				administrative review of the initial order and the time frame to do
				so.
(3) If an administrative review
				is not requested within twenty-one days of service of the initial order, the
				initial order shall become the final order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-447 - Reconsideration of final orders

Current through Register Vol. 24-14, July 15, 2024
Within ten days of the service of a final order or within ten
				  days of the date an initial order becomes a final order, any party may file a
				  request for reconsideration. The request shall be directed to the officer(s)
				  who issued the final order and state in writing specific reasons for the
				  request. Upon receipt, the officer(s) shall promptly serve all other parties
				  with a copy of the request for reconsideration.
Unless the request for reconsideration is automatically
				  deemed to have been denied under WAC 478-121-450, the request shall be disposed
				  of by the officer(s) who issued the final order, if reasonably available. The
				  disposition shall be in the form of a written order denying the request,
				  granting the request and dissolving or modifying the final order, or granting
				  the request and setting the matter for further hearing.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-450 - Denial of request for reconsideration

Current through Register Vol. 24-14, July 15, 2024
The request for reconsideration is automatically deemed to
				  have been denied if, within twenty days from the date the request for
				  reconsideration is timely submitted, the officer(s) who issued the final order
				  does not either:
(1) Dispose of the
				request; or
(2) Serve the parties
				with a written notice specifying the date by which the request will be acted
				upon.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-453 - Privacy in full hearings

Current through Register Vol. 24-14, July 15, 2024
(1) In accord
				with the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and
				its implementing regulations ( 34 C.F.R. Part 99) (FERPA), all meetings or
				reviews conducted under this code generally will be held in closed session out
				of respect for the privacy of all the students involved.
(2) In a full hearing, the hearing officer
				may close parts of a hearing under any provision of law expressly authorizing
				closure or under a protective order entered by the hearing officer pursuant to
				applicable rules and the hearing officer may order the exclusion of witnesses
				upon a showing of good cause.
(3)
				Students may, at their sole discretion, waive their rights under FERPA in
				writing. The scope of any FERPA waiver and any protective order entered by the
				hearing officer will determine who can have access to information that would
				otherwise be protected from disclosure by FERPA, including without limitation
				who can be present at any hearing held in a full adjudicative proceeding under
				this code. If the hearing is open to public observation, the presiding officer
				shall conduct the hearing in a room that will accommodate a reasonable number
				of observers. The hearing officer may issue a protective order to exclude from
				the hearing any persons who are disruptive of the proceedings and may limit the
				number and activities of the observers as necessary to protect the safety of
				the participants and observers and to assure a fair hearing.
(4) To ensure the privacy of all students
				involved, no cameras or recording devices shall be permitted except for the
				official recording by the university; however, if FERPA or other federal or
				state law implicated by
				RCW
				 34.05.040 does not preclude it, then any
				party, at the party's expense, may cause a reporter approved by the agency to
				prepare a transcript from the agency's record, or cause additional recordings
				to be made during the hearing if the making of the additional recording does
				not cause distraction or disruption. If a party intends to make a recording of
				the proceeding, the party shall advise the hearing officer prior to the
				prehearing conference so that any issues related to making an additional
				recording can be addressed prior to the full hearing.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VI - RECORDKEEPING › Section 478-121-500 - General recordkeeping

Current through Register Vol. 24-14, July 15, 2024
Records related to conduct proceedings shall be maintained
				  consistent with
				  RCW
				   34.05.476 and
				  34.05.494, university records
				  retention policies, and other relevant policies.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VI - RECORDKEEPING › Section 478-121-510 - Disciplinary record

Current through Register Vol. 24-14, July 15, 2024
Any final order resulting from conduct proceedings shall
				  become a part of the respondent's disciplinary record. Student disciplinary
				  records are "education records" as defined by FERPA and may only be disclosed
				  consistent with FERPA and chapter 478-140 WAC.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-600 - Scope of Part VII

Current through Register Vol. 24-14, July 15, 2024
The United States Department of Education federal
				  regulations,  34 C.F.R. Part 106, establish a definition of "sexual harassment"
				  that includes all of the prohibited conduct listed under WAC 478-121-605
				  (Department of Education federal regulations prohibited conduct or EDFR
				  prohibited conduct). The conduct listed under WAC 478-121-605 is prohibited
				  conduct under this code and is subject to the procedures set forth under Part
				  VII of this code if, and only if:
(1)
				The EDFR prohibited conduct occurs in a university education program or
				activity; and
(2) The EDFR
				prohibited conduct is against a person in the United States.
EDFR prohibited conduct that does not meet both of these
				  requirements or is reported by a person who is not eligible to file a formal
				  complaint under WAC 478-121-625 is subject to Parts II through V of this
				  code.
For the purposes of Part VII of this code, "education program
				  or activity" includes locations, events, or circumstances over which the
				  university exercised substantial control over both the respondent and the
				  context in which the EDFR prohibited conduct occurred and also includes any
				  building owned or controlled by a recognized student organization. Part VII
				  only applies to formal complaints made on or after August 14, 2020, and only
				  when  34 C.F.R. Part 106  is deemed enforceable by law and/or by United States
				  courts.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-605 - Department of Education federal regulations prohibited conduct (sexual harassment)

Current through Register Vol. 24-14, July 15, 2024
Department of Education federal regulations (EDFR) define
				  "sexual harassment" as conduct on the basis of sex that satisfies one or more
				  of the following, which are referred to collectively under this code as "EDFR
				  prohibited conduct":
(1) EDFR hostile
				environment sexual harassment. EDFR hostile environment sexual harassment is
				unwelcome conduct determined by a reasonable person to be so severe, pervasive,
				and objectively offensive that it effectively denies a person equal access to
				the university's education program or activity.
(2) EDFR sexual assault. EDFR sexual assault
				includes a sex offense under the uniform crime reporting system of the Federal
				Bureau of Investigation. Specifically, EDFR sexual assault means one or more of
				the following:
(a) The penetration, no matter
				how slight, of the vagina or anus with any body part or object, or oral
				penetration by a sex organ of another person, without the consent of the
				complainant.
(b) The oral or anal
				sexual intercourse with a complainant, without the consent of the complainant,
				including instances where the complainant is incapable of giving consent
				because of age or because of temporary or permanent mental or physical
				incapacity.
(c) The use of an
				object or instrument to penetrate, however slightly, the genital or anal
				opening of the body of a complainant, without the consent of the complainant,
				including instances where the complainant is incapable of giving consent
				because of age or because of temporary or permanent mental or physical
				incapacity.
(d) The touching of the
				private body parts of a complainant (e.g., buttocks, groin, breasts) for the
				purpose of sexual gratification, without the consent of the complainant,
				including instances where the complainant is incapable of giving consent
				because of age or because of temporary or permanent mental or physical
				incapacity.
(e) Sexual intercourse
				between persons who are related to each other within the degrees wherein
				marriage is prohibited by Washington law.
(f) Sexual intercourse with a person who is
				under the statutory age of consent of Washington.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-610 - Consent for purposes of EDFR prohibited conduct

Current through Register Vol. 24-14, July 15, 2024
Consent means that at the time of and throughout the sexual
				  contact, there are words or conduct that reasonably communicate freely given
				  agreement between or among the persons engaging in the sexual contact.
(1) Consistent with WAC
				478-121-150,
				consent cannot be obtained when force or threat is used to gain consent;
				consent cannot be obtained where the respondent knew or reasonably should have
				known the complainant was incapacitated; and consent cannot be given or granted
				by a person who is under the statutory age of consent in accordance with the
				criminal code of Washington, chapter 9A.44 RCW, Sex offenses. A respondent's
				use of alcohol or drugs is not a valid defense to a charge of EDFR sexual
				assault, and a respondent will be held to the standard of a reasonable sober
				person in evaluating whether the respondent knew or reasonably should have
				known the complainant was incapacitated.
(2) For the purposes of determining whether
				consent was present:
(a) Consent cannot solely
				be inferred from silence, passivity, or a lack of resistance, and relying on
				nonverbal communication alone may violate the code;
(b) Consent cannot be inferred merely from an
				existing or previous dating or sexual relationship;
(c) Even in the context of a relationship,
				there must be mutual consent to engage in sexual contact;
(d) Past consent alone is not sufficient to
				imply future consent;
(e) Consent
				given to one person does not constitute consent given to another
				person;
(f) Consent to one sexual
				act does not constitute consent to other sexual acts; and
(g) Consent can be withdrawn at any time, and
				once consent is withdrawn and reasonably communicated, sexual contact must stop
				immediately.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-620 - Reporting EDFR prohibited conduct

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any person may report EDFR prohibited conduct in person, by mail, by telephone,
				or by electronic mail, using the contact information listed on the website for
				the university's Title IX coordinator, or designee, or by any other means that
				results in the Title IX coordinator receiving the person's verbal or written
				report. The person reporting may, but need not, be the person alleged to be the
				victim of conduct that could constitute EDFR prohibited conduct.
(2) Upon receipt of a report as provided
				under subsection (1) of this section, the Title IX coordinator, or designee,
				will promptly contact the complainant to discuss the availability of supportive
				measures, consider the complainant's wishes with respect to supportive
				measures, inform the complainant of the availability of supportive measures
				with or without the filing of a formal complaint, and explain to the
				complainant the process for filing a formal complaint.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-625 - Formal complaint

Current through Register Vol. 24-14, July 15, 2024
(1) Only a
				complainant or the university's Title IX coordinator may file a formal
				complaint. At the time of filing a formal complaint, a complainant must be
				participating in or attempting to participate in a university education program
				or activity. The authority to initiate conduct proceedings provisions outlined
				in WAC
				478-121-215(1)
				and (2)  do not apply to Part VII of this
				code.
(2) A complainant may file a
				formal complaint with the Title IX coordinator or designee in person, by mail,
				or by electronic mail at the address provided on the Title IX coordinator's
				website.
(3) Upon receipt of a
				formal complaint, the university will, at a minimum, provide the following
				written notice to the known parties:
(a) The
				allegations potentially constituting EDFR prohibited conduct, including the
				identities of the parties involved in the incident, if known, the conduct
				allegedly constituting EDFR prohibited conduct, and the date and location of
				the alleged incident, if known;
(b)
				Information regarding the university's grievance process for formal complaints,
				including the parties' right to be accompanied by a hearing advisor and support
				advisor and to inspect and review evidence; and
(c) An explanation regarding presumptions
				regarding nonresponsibility and good-faith filing.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-630 - Dismissal of a formal complaint

Current through Register Vol. 24-14, July 15, 2024
(1)
				Mandatory dismissal. In accordance with the Department of Education federal
				regulations, the university will dismiss a formal complaint for purposes of
				Title IX and its implementing regulations if the alleged conduct:
(a) Would not constitute EDFR prohibited
				conduct even if proved;
(b) Did not
				occur in the university's education program or activity;
(c) Did not occur against a person in the
				United States; or
(d) Was alleged
				by or in respect to a complainant who is not participating in or attempting to
				participate in a university education program or activity.
If dismissal occurs under this subsection (1) of this
				  section, the university may pursue a conduct proceeding under other parts of
				  this code.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-635 - Appeal from a dismissal of a formal complaint

Current through Register Vol. 24-14, July 15, 2024
(1) A party may appeal a dismissal of a
				formal complaint or dismissal of any allegations in a formal complaint on any
				of the following bases:
(a) Procedural
				irregularity affected the outcome of the matter;
(b) New evidence that was not reasonably
				available at the time the dismissal was made; and/or
(c) A university official involved in the
				dismissal of the formal complaint had a conflict of interest or bias for or
				against complainants or respondents generally, or the individual complainant or
				respondent, that affected the outcome of the matter.
If one of the grounds is to consider newly discovered
				  evidence, that evidence must be provided with the appeal.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-640 - Informal resolution

Current through Register Vol. 24-14, July 15, 2024
If a formal complaint has been filed and parties have
				  received notice of the allegations, the university may facilitate an informal
				  resolution process consistent with
				  RCW
				   34.05.060. Parties will be informed of the
				  informal resolution process, including circumstances where the parties would be
				  precluded from resuming a formal complaint based on the same allegations.
				  Before an informal resolution process can proceed, both parties must provide
				  voluntary, written consent to the process. A party has the right to withdraw
				  from an informal resolution process at any time prior to agreeing to a
				  resolution. If a party withdraws from such informal resolution process, the
				  investigation or adjudication process resumes.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-645 - Emergency removal

Current through Register Vol. 24-14, July 15, 2024
The university may remove a respondent from the university's
				  educational programs or activities on an emergency basis pursuant to WAC
				  478-121-237.
				  Such emergency removal must be based on a belief the alleged EDFR prohibited
				  conduct poses an immediate threat to the physical health, safety, or welfare of
				  any student or other individual(s).
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-650 - Investigation

Current through Register Vol. 24-14, July 15, 2024
(1) After a formal
				complaint is filed, the university will commence an investigation. Throughout
				the investigative process, including meetings with an investigator, a party may
				be accompanied by a hearing advisor and/or a support advisor. During the
				investigation, a party's hearing advisor and/or support advisor may provide
				advice to the party but may not speak on behalf of the party. The initial
				interview of a respondent will be scheduled to allow time for the respondent to
				prepare a response following receipt of the notice of formal
				complaint.
(2) During an
				investigation, parties may present witnesses as well as other inculpatory and
				exculpatory evidence for the investigator to consider. Parties will be provided
				an equal opportunity to inspect and review any evidence obtained as part of the
				investigation that is directly related to the allegations raised in a formal
				complaint so that each party may meaningfully respond to the evidence prior to
				the conclusion of the investigation.
(3) Prior to completion of the investigative
				report, the university will send to each party and the party's advisors, if
				any, the evidence subject to inspection and review. The parties will have at
				least ten calendar days to submit a written response, which the investigator
				will consider prior to completion of the investigative report.
(4) At least ten calendar days prior to the
				hearing, the investigator will provide the parties with the final investigative
				report and all evidence gathered during the investigation. The final
				investigative report and all evidence related to the allegations will be
				included in the record for the hearing.
(5) No later than at the conclusion of the
				investigation, the investigator will notify the hearing officer that it is
				appropriate to commence a hearing to consider the allegations contained in the
				formal complaint. Such notification is consistent with a conversion to full
				adjudicative proceeding, as described in WAC
				478-121-205,
				and consistent with
				RCW
				 34.05.413 through
				34.05.476.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-655 - Hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing
				officer, or designee, will set the time and place of the hearing and give ten
				or more calendar days' notice to all parties and the investigator. At the
				hearing officer's discretion, any or all parties, witnesses, and other
				participants, such as advisors and investigator(s), may appear at the hearing
				virtually, with technology enabling participants simultaneously to see and hear
				each other.
(2) Communications with
				the hearing officer, except for communications related to procedural aspects of
				maintaining an orderly process, must be made in the presence of, or with a copy
				to, all other parties, advisors (if any), and the investigator(s). Any
				communications not following such a procedure will be placed on the record, and
				other parties, hearing advisor(s), or investigator(s) will be given an
				opportunity to respond.
(3) Prior
				to the hearing, the hearing officer, upon a selfinitiated motion or upon
				request of the parties, may request that the parties, advisors (if any), and
				the investigator(s) engage in a meeting or meetings to consider:
(a) Simplification of issues;
(b) Necessity of amending notices, if
				any;
(c) The possibility of
				obtaining stipulations;
(d)
				Limitations on the number of witnesses and/or which witnesses will testify at
				the hearing;
(e) Procedural
				matters; and/or
(f) Other matters
				that may aid in the disposition or settlement of the proceeding.
If such a prehearing meeting(s) is held, it may occur in
				  person, by telephone conference, or by other technological means as determined
				  by the hearing officer or designee. Further, if such a prehearing meeting(s)
				  occurs, the hearing officer will issue, in writing, determinations regarding
				  the issues discussed at the meeting(s). The determinations will be effective
				  when served on the parties and advisors.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-660 - Determination regarding responsibility

Current through Register Vol. 24-14, July 15, 2024
(1) Following a hearing, the hearing officer
				will apply the preponderance of the evidence standard described in WAC
				478-121-655(6) and issue a written determination regarding responsibility in
				accordance with
				RCW
				 34.05.461, which will be simultaneously
				served on the parties. The written determination will include:
(a) Identification of the allegations as
				defined in WAC 478-121-605;
(b) A
				description of procedural steps taken from receipt of the formal complaint
				through the determination;
(c)
				Findings of fact supporting the hearing officer's determination;
(d) Conclusions regarding the application of
				Part VII of this code to the facts and the rationale for those conclusions;
				and
(e) Directions as to any
				sanctions imposed on the respondent or remedies provided to the
				complainant.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-665 - Appeal from determination regarding responsibility

Current through Register Vol. 24-14, July 15, 2024
(1) A party may appeal a determination of
				responsibility on any of the following bases:
(a) Procedural irregularity affected the
				outcome of the matter;
(b) A
				material error substantially affected the outcome of the fact finding or
				sanctioning;
(c) New evidence that
				was not reasonably available at the time the determination regarding
				responsibility and/or dismissal was made could affect the outcome of the
				matter; and/or
(d) A university
				official involved in the formal complaint investigation or adjudication had a
				conflict of interest or bias for or against complainants or respondents
				generally, or the individual complainant or respondent, that affected the
				outcome of the matter.
If one of the grounds is to consider newly discovered
				  evidence, that evidence must be provided with the appeal.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-675 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing officer may not draw an
				inference about determination regarding responsibility based solely on a
				party's or witness's absence from the hearing or refusal to answer questions or
				submit to cross-examination. This subsection does not apply to allegations of
				prohibited conduct under Part II of this code, WAC 478-121-103 through
				478-121-173.
(2) Questions or
				evidence about a complainant's sexual predisposition or prior sexual behavior
				are not relevant, unless such questions or evidence about a party's sexual
				behavior are offered to prove that someone other than the respondent committed
				the sexual conduct alleged by the complainant or such questions or evidence
				concern specific incidents of the parties' prior sexual behavior and such
				information is relevant to determine the presence or absence of
				consent.
(3) Except as otherwise
				provided in this section, evidence may be considered if, in the judgment of the
				hearing officer, it is the kind of evidence on which reasonably prudent persons
				are accustomed to rely in the conduct of such reasonably prudent person's
				affairs. The relevance of evidence will be determined by the hearing officer at
				a hearing. The hearing officer may exclude from consideration evidence that is
				not relevant. Statements of personal opinion or general reputation about a
				party or witness are generally not considered to be relevant. Evidence that is
				duplicative of other evidence is generally not considered to be
				relevant.
(4) An investigator or
				hearing officer may not require, allow, rely upon, or otherwise use questions
				or evidence that constitute, or seek disclosure of, information protected under
				a legally recognized privilege, unless the person holding such privilege has
				voluntarily waived the privilege in writing. An investigator or hearing officer
				also may not access, consider, disclose, or otherwise use a party's records
				that are made or maintained by a physician, psychiatrist, psychologist, or
				other recognized professional or paraprofessional acting in the professional or
				paraprofessional's capacity, or assisting in that capacity, and which are made
				and maintained in connection with the provision of treatment to the party,
				unless the recipient obtains that party's voluntary, written consent.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-680 - Disqualification

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				designated by the university as an investigator, hearing officer, or Title IX
				coordinator, or to determine an appeal or facilitate an informal resolution
				process shall self-recuse if this person discovers a conflict of interest or
				bias for or against complainants or respondents generally or an individual
				complainant or respondent or otherwise cannot act impartially.
(2) A party shall promptly petition for the
				disqualification of an individual described in subsection (1) of this section
				upon receiving notice of a formal complaint or upon discovering facts
				establishing grounds for disqualification. Such petition must be in writing and
				delivered to the person whose disqualification is requested, with copies of the
				petition delivered simultaneously to other known parties and any person known
				to be designated by the university as an investigator, hearing officer, or
				Title IX coordinator, or to determine an appeal or facilitate an informal
				resolution process.
(3) The
				individual whose disqualification is requested shall determine whether to grant
				the petition, stating facts and reasons for the determination. If the
				individual whose disqualification is requested does not self-disqualify, the
				party may cite such failure for disqualification as a reason to appeal a
				dismissal or determination of responsibility. If the individual whose
				disqualification is requested self-disqualifies, an appropriate individual will
				be substituted for the disqualified individual's role in the investigation,
				hearing, appeal, or informal resolution process.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-685 - General record keeping

Current through Register Vol. 24-14, July 15, 2024
Records related to proceedings under Part VII of this code
				  shall be maintained consistent with
				  RCW
				   34.05.476 and
				  34.05.494,
				  university records retention policies, and other relevant policies, rules, and
				  regulations. If federal regulations under  34 C.F.R. Part 106  differ from
				  Washington state law requirements or university policies, rules, or
				  regulations, records will be maintained in accord with the more stringent
				  standard.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-010 - Conduct on campus code - General policy

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the University of Washington to support and
				promote each individual's right to express his views and opinions for or
				against actions or ideas in which he has an interest, to associate freely with
				others, and to assemble peacefully.
The above rights exist in equal measure for each member of the
				university community. They exist regardless of the professional stature or rank
				of the individual and regardless of the degree of acceptability among others of
				the views or opinions advocated.
Order 72-7, §
										478-124-010, filed
				  11/30/72.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-020 - Conduct on campus code - Prohibited conduct

Current through Register Vol. 24-14, July 15, 2024
(1) In order to safeguard the right of every
			 citizen to criticize and to seek meaningful change, each individual has an
			 obligation to respect the rights of all members of the university
			 community.
(2) In order to assure
			 those rights to all members of the university community and to maintain a
			 peaceful atmosphere in which the university may continue to make its special
			 contribution to society, the following types of conduct are hereby prohibited
			 on or in property either owned, controlled or operated by the university which
			 is used or set aside for university purposes, hereinafter referred to as the
			 university campus:
(a) Conduct which
			 intentionally and substantially obstructs or disrupts teaching or freedom of
			 movement or other lawful activities on the university campus;
(b) Physical abuse of any person or conduct
			 which is intended unlawfully to threaten imminent bodily harm or to endanger
			 the health or safety of any person on the university campus;
(c) Malicious damage to or malicious misuse
			 of university property, or the property of any person where such property is
			 located on the university campus;
(d) Refusal to comply with any lawful order
			 to leave the university campus or any portion thereof;
(e) Possession or use of firearms,
			 explosives, dangerous chemicals or other dangerous weapons or instrumentalities
			 on the university campus, except for authorized university purposes, unless
			 prior written approval has been obtained from the university chief of police,
			 or any other person designated by the president of the university;
(f) Unlawful possession, use, distribution,
			 or manufacture of alcohol or controlled substances (as defined in
			 chapter
			 69.50 RCW) on the
			 university campus or during university-sponsored activities;
(g) Intentionally inciting others to engage
			 immediately in any of the conduct prohibited herein, which incitement leads
			 directly to such conduct. (Inciting is that advocacy which prepares the group
			 addressed for imminent action and steels it to the conduct prohibited
			 herein.)
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-030 - Conduct on campus code-Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any person while on the university campus who willfully refuses the request of
			 a uniformed campus police officer to desist from conduct prohibited by these
			 rules may be required by such officer to leave such premises.
(2) Disciplinary action which may result in
			 dismissal from the university will be initiated against faculty, staff, or
			 students who violate these rules, in accordance with the applicable
			 disciplinary codes or other appropriate due process procedures.
(3) Sanctions which may be imposed against
			 faculty are set forth in the
Faculty Code
, Chapter 25,
			 Sections 25-51 and 25-71.
(4)
			 Sanctions which may be imposed against students are set forth in WAC
			 478-121-210.
(5) Sanctions which
			 may be imposed against the classified staff are set forth in the relevant
			 University of Washington labor contract for contract-classified staff, and in
			 Title 357 WAC and applicable university policy for classified nonunion
			 staff.
(6) Sanctions which may be
			 imposed against the professional staff are set forth in the University of
			 Washington Professional Staff Program.
(7) Violation of any of the above regulations
			 may also constitute violation of the criminal laws or ordinances of the city,
			 the county, the state of Washington, or the United States and may subject a
			 violator to criminal sanctions in addition to any sanctions imposed by the
			 university.
Statutory Authority:
				  RCW
				   28B.20.130 and BRG, Standing Orders, Chapter
				  1. 12-03-038, §
										478-124-030, filed 1/9/12,
				  effective 2/9/12. Statutory Authority:
				  RCW
				   28B.20.130. 07-03-069, §
										478-124-030, filed 1/17/07,
				  effective 2/17/07; 91-10-030, §
										478-124-030, filed 4/24/91,
				  effective 5/25/91; Order 72-7, §
										478-124-030, filed
				  11/30/72.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-035 - Conduct on campus code-Anabolic steroids

Current through Register Vol. 24-14, July 15, 2024
Any student found by the university to have violated
				chapter
				69.41 RCW, which, among
				other things, prohibits the possession, delivery, use or sale of legend drugs,
				including anabolic steroids, except upon valid prescription or order of a
				practitioner, as defined by
				RCW
				 69.41.010(12), is subject to
				additional sanctions, including disqualification from participation in
				university-sponsored athletic events.
Statutory Authority:
				  RCW
				   69.41.130(1). 90-24-001,
				  §
										478-124-035, filed 11/26/90,
				  effective 12/27/90.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-037 - Conduct on campus code-Hazing

Current through Register Vol. 24-14, July 15, 2024
All student organizations and living groups are prohibited from
				hazing.
(1) Hazing includes:
(a) Conduct associated with initiation or
			 admission into a student organization or living group, or any pastime or
			 amusement engaged in with respect to such an organization or living group that
			 causes or is likely to cause bodily danger or physical harm or serious
			 psychological or emotional harm to any student or other person. This conduct
			 includes, but is not limited to:
(i)
			 Humiliation by ritual act;
(ii)
			 Striking another person whether by use of any object or any part of one's
			 body;
(iii) Causing someone to
			 experience fatigue or physical and/or psychological shock;
(iv) Causing someone to engage in degrading
			 or humiliating games or activities that create a risk of serious psychological,
			 emotional, and/or physical harm; or
(v) Encouraging or promoting the unlawful
			 possession, forced or coerced use, or competitive or ritualistic consumption of
			 alcohol, drugs, or other substances.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-040 - Conduct on campus code-Interim suspension

Current through Register Vol. 24-14, July 15, 2024
(1) The president or, in his or her absence,
			 any officer of the university designated by the president for this purpose, may
			 impose on any student, faculty member, or staff member an interim suspension
			 whenever there is reasonable cause to believe that such person has committed,
			 and may reasonably be expected thereafter to commit, any of the acts prohibited
			 herein. The notice of such suspension shall state the nature, terms and
			 conditions of such suspension and shall include such restrictions on use of
			 campus facilities as the president or his designee deems in the best interest
			 of the university.
(2) Any person
			 so placed on interim suspension shall be given prompt notice of charges and
			 shall be given the opportunity to show cause at a preliminary hearing why such
			 interim suspension should not continue until a formal hearing is held. To
			 obtain such preliminary hearing, the person shall submit a written request
			 therefor within seven days from the date interim suspension was imposed. Such
			 written request shall state the address to which notice of hearing is to be
			 sent. The president or, in his or her absence, any officer of the university
			 designated by the president, shall grant such a preliminary hearing before a
			 person or persons designated by the president not later than four days from the
			 date of receipt of such request and shall immediately mail a written notice of
			 the time, place, and date of such hearing to such person. The preliminary
			 hearing shall consider only whether there is reasonable cause to believe that
			 such person committed, and may reasonably be expected thereafter to commit, any
			 of the acts prohibited herein.
(3)
			 Interim suspension may be removed by the president or, in his or her absence,
			 by any officer of the university designated by the president, whenever the
			 president has reason to believe that the person on whom interim suspension was
			 imposed will not constitute a substantial and material threat to the orderly
			 operation of the university campus or endanger the health and safety of any
			 person thereon.
Order 72-7, §
										478-124-040, filed
				  11/30/72.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-124 - General conduct code for the University of Washington › Section 478-124-050 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision or clause of these rules or any application
				thereof to any person or circumstances is held invalid, such invalidity shall
				not affect other provisions or application and, to this end, the provisions of
				these rules are declared to be severable.
These rules are additional to any others duly promulgated by
				the university.
Order 72-7, §
										478-124-050, filed
				  11/30/72.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-128 - Animal control at the University of Washington › Section 478-128-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the University of Washington to secure and
				maintain a level of animal control that protects human health and safety,
				prevents animals from hindering university employees, students, and members of
				the public on university property, prevents property damage, and to the
				greatest degree practicable, prevents cruelty to animals. It is the purpose of
				these rules to fulfill the objectives of the above policy.
Statutory Authority:
				  RCW
				  28B.20.130. 09-08-016, §
										478-128-010, filed 3/23/09,
				  effective 4/23/09.