reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-118 - Restrictions and regulations for recreational equipment › Section 172-118-040 - Use of recreational equipment

Current through Register Vol. 24-14, July 15, 2024
Recreational equipment may only be used on asphalt or concrete
				campus walkways and sidewalks, and only in a way that does not interfere with
				pedestrian traffic or other campus activities.
(1) Recreational equipment is prohibited on
			 grass, benches, stairways, steps, sculpture, art work, hand rails, inside
			 buildings, plazas, walls, barriers, brick walkways, and any other campus
			 property other than paved walkways and sidewalks.
(2) The storage or possession of
			 hoverboards/self-balancing scooters in residence halls, university apartments,
			 academic buildings, administrative buildings, recreational facilities, and all
			 other structures on property owned or controlled by EWU is
			 prohibited.
(3)Speeds in excess of
			 five miles per hour are prohibited.
(4) Performing stunts or tricks is
			 prohibited.
(5) Any use of
			 recreational equipment that may cause property damage and/or endanger the user
			 or others is prohibited.
(6)
			 Recreational equipment users shall yield the right of way to pedestrians at all
			 times.
Statutory Authority:
				  RCW
				     28B.35.120. 92-22-028, §
										172-118-040, filed 10/26/92,
				  effective 11/26/92; Order 74-2, §
										172-118-040, filed 1/24/74; Order
				  72-12, §
										172-118-040, filed
				  9/20/72.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-118 - Restrictions and regulations for recreational equipment › Section 172-118-090 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Any student who
			 violates these regulations may be asked to refrain from using recreational
			 equipment on campus. Any student who refuses to comply with such a request
			 and/or repeatedly violates these regulations will be subject to disciplinary
			 action under the student conduct code, chapter 172-121 WAC.
(2) A user of recreational equipment, other
			 than an Eastern Washington University (EWU) student, who violates these
			 regulations may be asked to leave the campus. A person who fails to comply with
			 a request to leave campus may be charged with criminal trespass under the
			 provisions of chapter 9A.52 RCW.
Statutory Authority:
				  RCW
				     28B.35.120. 92-22-028, §
										172-118-090, filed 10/26/92,
				  effective 11/26/92.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-010 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Eastern Washington University is an academic community
				  dedicated to providing instruction in higher education, advancing knowledge
				  through scholarship and research, and providing related services to the
				  community.
As a public institution of higher education, the university
				  has a special responsibility to create and maintain an academic environment
				  that promotes freedom of inquiry and expression while protecting the rights,
				  opportunities and welfare of students, faculty, staff and guests. To achieve
				  this, the university establishes rules, regulations, procedures, policies, and
				  standards of conduct.
Through the student conduct code as well as other university
				  policies and directives, the university sets forth specific behavioral and
				  academic expectations for students and student organizations. It is the
				  responsibility of each student to clearly understand and comply with those
				  expectations.
The board of trustees of Eastern Washington University,
				  acting under the authority granted by
				  RCW
				     28B.35.120, has established the following
				  regulations for student conduct and discipline. The responsibility for
				  enforcement of the student conduct code rests with the university president and
				  is further delegated to the vice president for student affairs or
				  designee.
These provisions are not intended to protect any person or
				  class of persons from injury or harm.
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-010, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-030 - Rights of students

Current through Register Vol. 24-14, July 15, 2024
Any student or student organization charged with any
				  violation of the student conduct code and the complainant in the case of an
				  allegation of sexual misconduct or interpersonal violence, have the following
				  rights where applicable:
(1) The right
				to a fair and impartial conduct review process;
(2) The right to prior written notice to
				attend a prehearing conference or hearing;
(3) The right to remain silent during any
				conduct review hearing;
(4) The
				right to know who filed the complaint against them as described in WAC
				172-121-110;
(5) The right to speak on their own behalf in
				all proceedings;
(6) The right to
				hear all information and view all material presented against him or
				her;
(7) The right to call
				witnesses for a full hearing as described in WAC
				172-121-122;
(8) The right to ask or submit questions to
				be asked of witnesses for a full hearing, in a method determined by the conduct
				review officer, as described in WAC
				172-121-122;
(9) The right to consult an advisor as
				described in WAC
				172-121-105(3);
(10) The right to be presumed not
				responsible;
(11) Complainants have
				the right to opt out of participating in the student conduct process;
(12) The right to appeal as provided in WAC
				172-121130; and
(13) The right to
				be subjected to university disciplinary action only one time for the same
				conduct.
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-030, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-040 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
Eastern Washington University shall have jurisdiction over
				  student behavior which occurs on university premises or during a
				  university-sponsored program or activity. The university may also exercise
				  jurisdiction over student conduct which occurs at off-campus locations if the
				  behavior adversely affects the university or a university community member. The
				  university has sole discretion in determining what conduct adversely impacts
				  the university or a university community member.
The student conduct code shall apply to conduct without
				  regard to a student's academic status at the time the conduct took place. This
				  includes all periods from the time of application for admission through the
				  actual awarding of a degree, including times between academic periods, breaks
				  in enrollment, or outside of normal business hours. The university may continue
				  a student conduct process even after a student withdraws or
				  graduates.
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-040, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-050 - External authorities

Current through Register Vol. 24-14, July 15, 2024
Many offenses under this code are also violations of
				  federal, state or local laws. A student or student organization may face
				  criminal and civil prosecution as well as university disciplinary action for
				  violation of these laws.
The university reserves the right to take action under this
				  code for any offenses over which it has jurisdiction. Proceedings under this
				  code may be carried out prior to, simultaneously with, or following civil or
				  criminal proceedings in the courts. University proceedings under the student
				  conduct code are not subject to challenge, delay, or dismissal based solely on
				  criminal charges.
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-050, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-060 - Notification of criminal arrest

Current through Register Vol. 24-14, July 15, 2024
A student is responsible for informing the university of any
				  off-campus arrest.
When student rights and responsibilities (SRR) is informed of
				  the arrest of a student, the university may send a letter to the student
				  requiring that he or she make an appointment for an interview with the SRR.
				  During this interview, the director of SRR shall discuss with the
				  student:
(1) The facts involved in the
				student's arrest;
(2) The student's
				obligation to keep the university informed of the progress of any criminal
				charge(s); and
(3) The student's
				obligation to advise the university of the final disposition of any criminal
				charge(s).
The university will cooperate with law enforcement and other
				  agencies administering a corrective or rehabilitative program for the
				  student.
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-060, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-070 - Conduct review officials

Current through Register Vol. 24-14, July 15, 2024
(1)
The director of SRR
or designee shall:
(a) Serve as the primary point of contact for
				all matters relating to student conduct code violations and
				proceedings;
(b) Manage the
				proceedings as described in this chapter;
(c) Maintain all records of conduct review
				proceedings as described in WAC
				172-121-080;
(d) Ensure complaints are promptly
				investigated and resolved as required by federal and state laws; and
(e) Review off-campus incidents of alleged
				misconduct and make determinations as to whether the conduct involved adversely
				affects the university or university community and whether the conduct process
				should be initiated.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-075 - Conflicts of interest

Current through Register Vol. 24-14, July 15, 2024
(1)
				Individuals who play a role in investigating, presiding over, and making
				decisions pertaining to individual student conduct cases including, but not
				limited to, the director, Title IX coordinator, dean of students, investigator,
				and council, shall not have any conflict of interest in the process or a bias
				for or against complainants or respondents generally or an individual
				complainant or respondent. A conflict of interest exists if the investigator,
				presiding officer or decision maker is the respondent, complainant, or a
				witness; if the respondent, complainant, or witness is a family member or
				friend; if the individual has a personal interest or bias; or if the individual
				has previously served in an advisory capacity for any of the parties or
				witnesses. In the event such a conflict arises in the process, the person shall
				disclose such interest to the parties. Parties to the complaint who believe a
				university official involved in the process has a conflict of interest may
				report such concerns to the director of SRR or the dean of students. The
				director or dean shall determine whether a conflict of interest exists and take
				appropriate action.
(2) Challenges
				to council membership. Members of the student disciplinary council and the
				conduct review officer (CRO) are subject to the conflict of interest
				limitations set forth in subsection (1) of this section.
(a) If a member has such a conflict, the
				person shall recuse him/herself from further involvement in the case. In the
				event such a conflict arises after the council has been selected or during a
				proceeding, the member shall disclose the conflict to the parties.
(b) A council member's or the CRO's
				eligibility to participate in a case may be challenged by parties to the case
				or by other council members at any time by submitting a motion to disqualify to
				the CRO. When such a challenge is made, the session council, excluding the
				person alleged to have a conflict of interest, shall make a decision on the
				challenge.
(c) If a member is
				disqualified or disqualifies him/herself from a case, the CRO will appoint a
				replacement.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-080 - Administration and records

Current through Register Vol. 24-14, July 15, 2024
(1)
				Student conduct code.
(a) Interpretation: Any
				questions regarding the interpretation or application of this student conduct
				code are referred to the vice president for student affairs for final
				determination.
(b) Review: This
				student conduct code shall be reviewed at least every three years under the
				direction of the vice president for student affairs.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-100 - Complaints

Current through Register Vol. 24-14, July 15, 2024
(1)
Filing of complaints.
(a) Any person or the university may file a
				complaint against a student or student organization for violation of the
				student conduct code.
(b) A person
				wishing to file a complaint under the student conduct code must submit the
				complaint, in writing, to one of the following:
(i) Student rights and responsibilities
				(
www.inside.ewu.edu/srr
);
				or
(ii) Title IX coordinator
				(
www.inside.ewu.edu/titleix
).
(c) Filing a complaint under the
				student conduct code does not prohibit or limit a person's right to file
				complaints or charges with other civil and/or criminal authorities for
				violations of local, county, state, or federal law.
(d) All student conduct code complaints will
				be forwarded to the director of SRR for further review and action.
(e) In cases where the university is pursuing
				a student conduct case on its own behalf, an EWU employee shall initiate the
				complaint.
For Title IX complaints, a complaint must either be filed by
				  the person subject to the alleged misconduct or by the Title IX coordinator. If
				  a complaint is filed by the Title IX coordinator, the Title IX coordinator will
				  not be considered a complainant for the purposes of participating in the
				  investigation and hearing process.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-102 - Adaptable dispute resolution

Current through Register Vol. 24-14, July 15, 2024
(1) A CRO or their
				designee may resolve a matter by agreement. Agreements may be reached directly
				or through an adaptable dispute resolution process. Adaptable dispute
				resolution includes various processes of voluntary, structured facilitation
				between impacted parties aimed to balance support and accountability. Examples
				of adaptable dispute resolution include, but are not limited to, restorative
				justice circles, restorative justice conferences, negotiation, facilitated
				dialogues, impact panels, and mediation. The various types of adaptable dispute
				resolution available at the university and the procedures for resolution are
				available on student rights and responsibilities' website.
(2) When resolution of a matter is reached by
				agreement or an adaptable dispute resolution process, the agreement must be in
				writing and signed by the parties and the conduct officer or designee. In the
				agreement, the parties must be advised in writing that:
(a) The disposition is final and they are
				waiving any right to a hearing on the matter, including any right to appeal;
				and
(b) If a student does not
				successfully complete all aspects of an agreement, they may be charged with the
				following violations of the student conduct code:
(i) Failure to comply; and
(ii) Any possible alleged conduct code
				violations from the initial incident or case that was reported to the SRR
				office. Failure to abide by the terms of the agreement will be considered a
				violation of the student conduct code.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-105 - Conduct review proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) General provisions:
(a) Conduct review proceedings in which the
				allegations do not involve a Title IX complaint, felony level crimes, or the
				potential sanction is less than suspension or expulsion, are brief hearings in
				accordance with WAC
				172-108-050(3).
				Conduct review proceedings in which the allegations involve a Title IX
				complaint, felony level crimes, or the potential sanction is suspension or
				expulsion, are considered full hearings under the Administrative Procedure
				Act.
(b) Nonjudicial proceedings:
				Formal rules of process, procedure, and/or technical rules, such as are applied
				in criminal or civil courts, do not apply in student conduct code proceedings.
				All Title IX complaints shall follow the regulations prescribed under  34 C.F.R.
				Part 106.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-110 - Notice of allegations and initial scheduling

Current through Register Vol. 24-14, July 15, 2024
(1) Notice of
				investigation. If the director of SRR refers a complaint to an investigation,
				the director shall provide the respondent with a notice of investigation that
				meets the following requirements:
(a) Is made
				in writing;
(b) Includes a written
				list of the allegations against the respondent with sufficient details of the
				allegations based on current information including, if known, date and time of
				the incident, description of the conduct, and the specific sections of this
				code allegedly violated;
(c)
				Indicates that the complaint has been assigned to a university investigator and
				provide the contact information for the investigator;
(d) Provides notice that the respondent is
				presumed not responsible for the alleged conduct and a determination of
				responsibility will be made at the end of the hearing;
(e) Provides a reminder that the person may
				have an advisor of their choice throughout the student conduct
				process;
(f) A statement that
				students are prohibited from knowingly furnishing false information during the
				student conduct process; and
(g)
				Information about supportive measures and resources available to the respondent
				as well as information about the university's prohibition on
				retaliation.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-118 - Admission of responsibility

Current through Register Vol. 24-14, July 15, 2024
The university encourages respondents to acknowledge harm and
				  accept responsibility for repairing harm, to the extent possible, experienced
				  as a result of a student's conduct. An investigator, CRO, or presiding officer
				  may offer to the respondent at any time the opportunity to admit responsibility
				  for the alleged misconduct. If the respondent decides to admit responsibility,
				  the respondent will sign a document drafted by SRR taking responsibility. The
				  CRO and/or presiding officer, depending on the type of conduct, will schedule a
				  recorded meeting for the respondent to take responsibility on the record and
				  for the CRO and/or presiding officer to determine the appropriate sanctions
				  under WAC
				  172-121-400. If the alleged
				  misconduct includes sexual misconduct or interpersonal violence, both parties
				  must consent to this alternative process in writing and the complainant will be
				  notified of the meeting and will have an opportunity to provide a statement
				  about the conduct and its impacts prior to any sanctioning
				  determination.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-120 - Hearing procedures (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-120, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-121 - Brief hearing procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
				Applicability: The conduct review officer (CRO) may hold a brief hearing with
				the respondent if the proposed sanction is less than a suspension and the
				allegations do not involve a Title IX complaint, or felony level criminal
				behavior.
(2) General provisions.
(a) Hearing authority: The CRO exercises
				control over hearing proceedings. All procedural questions are subject to the
				final decision of the CRO.
(b)
				Closing hearings: All conduct review hearings will be closed. Admission of any
				person to a conduct review hearing shall be at the discretion of the
				CRO.
(c) Consolidation of hearings:
				In the event that one or more students are charged with the same misconduct
				arising from the same occurrence, the hearing authority may conduct separate
				hearings for each student or consolidate the hearings as practical, as long as
				consolidation does not impinge on the rights of any student.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-122 - Full hearing procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Scheduling and
				notification. Full hearings are used for allegations which, if substantiated by
				a preponderance of the evidence, could be a felony-level crime, involve a Title
				IX complaint, or could result in a sanction of suspension or expulsion.
				Following provision of the notice of allegations to the respondent, as set
				forth in WAC
				172-121-110, the SRR office shall
				arrange for a prehearing conference unless the respondent has admitted
				responsibility under WAC
				172-121-118.
(2) General provisions.
(a) Hearing authority: The CRO exercises
				control over hearing proceedings. All procedural questions are subject to the
				final decision of the CRO. The CRO chairs the disciplinary council.
(b) Closed hearings: All conduct review
				hearings will be closed. Admission of any person to a conduct review hearing
				shall be at the discretion of the CRO.
(c) Consolidation of hearings: In the event
				that one or more students are charged with the same misconduct arising from the
				same occurrence, the council may conduct separate hearings for each student or
				consolidate the hearings as practical, as long as consolidation does not
				impinge on the rights of any student.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-130 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) Basis: Appeals
				following a brief hearing or full hearing may be filed by the respondent under
				this section. In cases of sexual misconduct, interpersonal violence, or a Title
				IX complaint, the complainant may also file an appeal following dismissal of a
				complaint or a full hearing. Appeals of interim restrictions are governed by
				WAC 172-121-140. Appeals may be filed
				for one or more of the following reasons:
(a)
				To determine whether the hearing was conducted according to established
				procedures that affected the outcome of the matter.
(b) The hearing authority misinterpreted the
				student conduct code.
(c) To
				determine whether the decision reached by the hearing authority, or the
				director of SRR's decision to not proceed with a hearing, was based on the
				information presented and that information was sufficient to reasonably
				establish that a violation of the conduct code did or did not occur based on a
				preponderance of the evidence.
(d)
				To determine whether the sanction(s) imposed were reasonable and appropriate
				for the associated conduct code violation(s).
(e) To consider newly discovered, material
				information that was not reasonably available at the time the determination
				finding responsibility or dismissal was made that could affect the outcome of
				the matter. It is the party's obligation to present all evidence at the time of
				the original hearing. The university is not obligated to grant an appeal and
				conduct a new hearing when parties do not take reasonable efforts to prepare
				their cases for the original hearing.
(f) The Title IX coordinator, investigator,
				or hearing authorities had a conflict of interest or bias for or against
				complainants or respondents generally or the individual complainant or
				respondent that affected the outcome of the matter.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-200 - Violations (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-200, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part II - COMPLAINTS AND CONDUCT PROCEDURES › Section 172-121-210 - Sanctions and remedies (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-210, filed 5/20/09,
					 effective 6/20/09.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-300 - Violations

Current through Register Vol. 24-14, July 15, 2024
The university prohibits students from engaging in the
				  conduct described in this section, WAC
				  172-121-301 through
				  172-121-324, chapter 172-90 WAC,
				  and relevant university policies. Clubs, organizations, societies, or similarly
				  organized groups in or recognized by the university and/or the associated
				  students of Eastern Washington University are also subject to all of these
				  standards. Violations of these rules and policy may subject a student or
				  student group to disciplinary action by the university. Groups may also be
				  subject to disciplinary action for knowingly failing to exercise preventive
				  measures relative to violations of this code by their members.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-301 - Acts of academic dishonesty

Current through Register Vol. 24-14, July 15, 2024
Acts violating WAC
				  172-90-100 are addressed by the
				  academic integrity code, chapter 172-90 WAC, but may also be addressed as
				  violations of this student conduct code.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-302 - Abuse, threats, bullying, and harassment

Current through Register Vol. 24-14, July 15, 2024
(1)
				Abuse. Assault and other forms of physical abuse. Assault is intentionally
				touching or striking another person in a harmful or offensive way.
(2) Threats. A threat is any conduct and/or
				speech that, when viewed objectively, threatens bodily harm to another person
				or that endangers the health or safety of another person. If the threat
				primarily involves speech, the speaker also must have consciously disregarded a
				substantial, unjustifiable risk that the communications could be viewed as
				threatening violence.
(3) Bullying.
				Bullying is behavior that is:
(a)
				Intentional;
(b) Targeted at an
				individual or group; and
(c)
				Creates an intimidating and/or threatening environment that is so severe or
				pervasive, and objectively offensive, that it substantially interferes with
				another's ability to work, study, participate in, or benefit from the
				university's programs and activities.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-303 - Domestic violence, dating violence, and stalking

Current through Register Vol. 24-14, July 15, 2024
(1)
Domestic violence
means a
				felony or misdemeanor crime of violence committed by: A current or former
				spouse or intimate partner of the complainant; a person with whom the
				complainant shares a child in common; a person who is cohabitating with or has
				cohabitated with the complainant as a spouse or intimate partner; adult persons
				related by blood or marriage; adult persons who are presently residing together
				or who have resided together in the past; and, persons who have a biological or
				legal parent-child relationship. "Domestic violence" is further defined by  34 U.S.C. Sec. 12291(a)(8).
(2)
Dating violence
means violence committed by a person who is or has
				been in a social relationship of a romantic or intimate nature with the
				complainant. In determining whether such a relationship exists, the following
				factors are considered:
(a) The length of time
				the relationship has existed;
(b)
				The type of relationship; and
(c)
				The frequency of interaction between the parties involved in the
				relationship.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-304 - Sexual misconduct

Current through Register Vol. 24-14, July 15, 2024
Sexual misconduct includes, but is not limited to:
(1)
Sexual harassment.
Sexual
				harassment is conduct that meets one or more of the following:
(a) An EWU employee conditioned the provision
				of an aid, benefit, or service of the university on the complainant's
				participation in unwelcome sexual conduct; or
(b) Unwelcome conduct on the basis of sex
				that is determined by a reasonable person to be so severe, pervasive, and
				objectively offensive that it effectively denies the complainant equal access
				to the university's programs or activities.
In determining whether conduct is severe or pervasive, the
				  university shall consider all relevant circumstances from both an objective and
				  subjective perspective, including the type of harassment (verbal or physical);
				  the frequency and severity of the conduct; the age, sex, and relationship of
				  the individuals involved; the degree to which the conduct affected the
				  complainant; the setting and context in which the harassment occurred; whether
				  other incidents have occurred at the university; and other relevant
				  factors.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-305 - Retaliation

Current through Register Vol. 24-14, July 15, 2024
Any intimidation, threat, coercion, or discrimination against
				  a person for the purpose of interfering with a person's rights under this code
				  or because a person has made a report, complaint, testified, assisted, or
				  participated or refused to participate in an investigation, proceeding, or
				  hearing under this code is prohibited and is a separate violation of this code.
				  Any actual or threatened retaliation is prohibited and is a separate violation
				  of this code.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-306 - Unauthorized use of electronic or other devices

Current through Register Vol. 24-14, July 15, 2024
Making an audio or video recording of any person while on
				  university premises without the person's prior knowledge or without their
				  effective consent, when such a recording is of a private conversation or of
				  images taken of a person(s) at a time and place where the person would
				  reasonably expect privacy and where such recordings are likely to cause injury
				  or distress. This includes, but is not limited to, surreptitiously taking
				  pictures of another person in a gym, locker room, or restroom, but does not
				  include taking pictures of persons in areas which are considered by the
				  reasonable person to be open to public view.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-307 - Property theft or damage

Current through Register Vol. 24-14, July 15, 2024
Theft of, damage to, or misuse of another person's or
				  entity's property. This also includes any conduct or statement that, when
				  viewed objectively, threatens to damage another's property.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-308 - Weapons

Current through Register Vol. 24-14, July 15, 2024
Possession, carrying, discharge or other use of any weapon is
				  prohibited on property owned or controlled by Eastern Washington University,
				  except as permitted in subsections (1) through (4) of this section. Examples of
				  weapons under this section include, but are not limited to: Explosives,
				  chemical weapons, shotguns, rifles, pistols, air guns, BB guns, pellet guns,
				  longbows, hunting bows, throwing weapons, stun guns, electroshock weapons, and
				  any item that can be used as an object of intimidation and/or threat, such as
				  replica or look-a-like weapons.
(1)
				Commissioned law enforcement officers may carry weapons, which have been issued
				by their respective law enforcement agencies, while on campus or other
				university controlled property, including residence halls. Law enforcement
				officers must inform the university police of their presence on campus upon
				arrival.
(2) A person may possess a
				personal protection spray device, as authorized by
				RCW
				   9.91.160, while on property owned or
				controlled by Eastern Washington University.
(3) A person may bring a weapon onto campus
				for display or demonstration purposes directly related to a class or other
				educational activity, provided that they obtain prior authorization from the
				university police department. The university police department shall review any
				such request and may establish conditions to the authorization.
(4) Weapons that are owned by the institution
				for use in organized recreational activities or by special groups, such as EWU
				ROTC or university-sponsored clubs or teams, must be stored in a location
				approved by the university police department. These weapons must be checked out
				by the advisor or coach and are to be used only in organized recreational
				activities or by legitimate members of the club or team in the normal course of
				the club or team's related activity.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-310 - Failure to comply

Current through Register Vol. 24-14, July 15, 2024
(1) Failure to
				comply with lawful and/or reasonable directions of university officials, public
				health officials, or law enforcement officers;
(2) Failure to identify oneself to university
				officials in their course of duty, refusal or failure to appear before
				university officials or disciplinary bodies when directed to do so;
(3) Failure to attend any medical treatment
				or evaluation program when directed to do so by the dean of students or other
				authorized university official.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-311 - Trespassing/unauthorized use of access devices

Current through Register Vol. 24-14, July 15, 2024
(1) Trespass. Entering or remaining on
				university property without authorization.
(2) Unauthorized use of keys. Unauthorized
				possession, duplication, or use of university keys or access cards.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-312 - Deception, forgery, fraud, unauthorized representation

Current through Register Vol. 24-14, July 15, 2024
(1) Knowingly furnishing false information to
				the university or a university official.
(2) Forgery, alteration, or misuse of
				documents, records, or instruments of identification. This includes situations
				of identity theft where a person knowingly uses or transfers another person's
				identification for any purpose. It also includes situations where a student
				knowingly obtains, possesses, or uses another person's identification or
				financial information with the intent to commit a crime.
(3) Forgery, issuing a bad check, or use of
				another person's access device, such as a debit card, credit card, EBT, or gift
				card, with intent to defraud.
(4)
				Unauthorized representation. The unauthorized use of the name of the university
				or the names of members or organizations in the university community.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-313 - Campus safety

Current through Register Vol. 24-14, July 15, 2024
(1)
				Intentionally activating a false fire alarm.
(2) Making a bomb threat.
(3) Tampering with fire extinguishers,
				alarms, or safety equipment.
(4)
				Tampering with elevator controls and/or equipment.
(5) Failure to evacuate during a fire, fire
				drill, or false alarm.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-314 - Alcohol, drugs, and controlled substances

Current through Register Vol. 24-14, July 15, 2024
(1) Alcohol and substance violations. Use,
				possession, distribution, or sale of alcoholic beverages (except as permitted
				by university policy and state law) is prohibited. Under no circumstances may
				individuals under the age of 21 consume, possess, distribute, manufacture or
				sell alcoholic beverages, except as permitted under WAC
				172-64-035. Public intoxication
				is prohibited.
(2) Drugs and
				paraphernalia.
(a) Use, possession,
				distribution, manufacture, or sale of illegal drugs, paraphernalia, narcotics
				or controlled substances, is prohibited.
(b) Consumption, possession, distribution,
				manufacture, or sale of marijuana or cannabis is prohibited except for reasons
				permitted under EWU Policy 602-01 (drug and alcohol abuse prevention).
				Regardless of age, students and their guests are prohibited from consuming or
				possessing marijuana (including medical marijuana) or cannabis while on
				university property or while participating in any university-sponsored
				activity. Cannabidiol (CBD) is permitted if it contains 0.3 percent
				tetrahydrocannabinol (THC) or less.
(c) Being under the influence of marijuana or
				cannabis in public is prohibited. Consumption of marijuana or cannabis by any
				person under the age of 21 is prohibited.
(d) Being under the influence of any illegal
				substance, other than marijuana, while on property owned or operated by the
				university, is prohibited. Being under the influence of a controlled substance,
				except when legally prescribed by a licensed medical practitioner, is also
				prohibited while on property owned or operated by the university.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-315 - Hazing

Current through Register Vol. 24-14, July 15, 2024
(1) Hazing: Is any
				act committed as part of a person's recruitment, initiation, pledging,
				admission into, or affiliation with a student organization, athletic team, or
				living group, or any pastime or amusement engaged in with respect to such an
				organization, athletic team, or living group that causes, or is likely to
				cause, bodily danger or physical harm, or serious psychological or emotional
				harm to any student at the university.
(2) Examples of hazing include, but are not
				limited to, causing, directing, coercing, or forcing a person to consume any
				food, liquid, alcohol, drug, or other substance which subjects the person to
				risk of the harm identified in subsection (1) of this section, regardless of
				the person's willingness to participate.
(3) Hazing does not include customary
				athletic events or other similar contests or competitions.
(4) Students may be held responsible for
				participating in hazing and/or for conspiring to engage in hazing.
(5) Student organizations, associations,
				athletic teams, or living groups that knowingly permit hazing to be conducted
				by its members or by others subject to its direction or control violate this
				rule.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-316 - Disruptive conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Disruptive
				conduct. Conduct which unreasonably interferes with any person's ability to
				work or study, or obstructs university operations or campus
				activities.
(2) Obstruction.
				Obstruction of the free flow of pedestrian or vehicular traffic on university
				premises or at university-sponsored or university-supervised events.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-317 - Violations of other laws, regulations, and policies

Current through Register Vol. 24-14, July 15, 2024
(1) Any other local, county, state, or
				federal law that governs a student's behavior that is not specifically included
				in this code. The decision-maker determines whether or not the violation has
				occurred based on a preponderance of the evidence. A criminal conviction is not
				required.
(2) Any other university
				policies, regulations, contracts, or handbook provisions that are not
				specifically included in this code.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-318 - Public nuisance

Current through Register Vol. 24-14, July 15, 2024
In furtherance of the university's interest in maintaining
				  positive relationships with its surrounding communities, the university has the
				  authority to hold students accountable under this code for misconduct within
				  the communities adjacent to a university campus. It is a violation of this code
				  to engage in conduct that is in violation of a state statute or municipal
				  ordinance and has a direct quality of life impact on community residents or
				  businesses including, but not limited to, creating a public nuisance due to
				  noise, residential disturbance, intentional destruction of property, urinating
				  in public, or criminal trespass.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-319 - Reckless endangerment

Current through Register Vol. 24-14, July 15, 2024
Engaging in conduct that creates an unreasonable risk of harm
				  to self, another person, or property, regardless of whether or not a person or
				  property is actually harmed. This includes, but is not limited to, operating a
				  motor vehicle or having control over a motor vehicle while under the influence
				  of alcohol, drugs, or both.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-320 - Computer abuses

Current through Register Vol. 24-14, July 15, 2024
Computer abuses include, but are not limited to:
(1) Unauthorized use of university computer
				resources;
(2) Use of another
				person's university user name and/or password;
(3) Use of university computing facilities or
				resources to interfere with the work of another student, instructor, or
				university employee;
(4) Use of
				university computing facilities or resources to send intimidating, harassing,
				or threatening messages;
(5) Use of
				a computer or software to interfere with normal operations of the university's
				computing systems;
(6) Use of the
				university's computing facilities or resources in violation of any law,
				including copyright laws; and
(7)
				Any violation of the university's computer use policies.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-322 - Acts against administration of this code

Current through Register Vol. 24-14, July 15, 2024
(1) Initiation of a complaint or charge
				knowing that the charge was false or with reckless disregard of its
				truth.
(2) Interference with or
				attempt to interfere with the enforcement of this code including, but not
				limited to, intimidation or bribery of hearing participants, acceptance of
				bribes, dishonesty, or disruption of proceedings and hearings held under this
				code.
(3) Knowing violation of the
				terms of any disciplinary sanction or attached conditions imposed in accordance
				with this code.
Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part III - VIOLATIONS › Section 172-121-323 - Responsibilities for guests

Current through Register Vol. 24-14, July 15, 2024
A student, student group, or student organization is
				  responsible for the conduct of guests on or in university property and at
				  functions sponsored by the university or sponsored by any recognized university
				  organization.