SGP 209 Student Conduct Policy for Academic Misconduct and Behavioral Misconduct

1.  Policy and Authority

A. Policy

The University of Washington (University) is a public institution responsible for providing instruction in higher education, for advancing knowledge through scholarship and research, and for providing related services to the community. As a center of learning, the University also has the obligation to maintain conditions conducive to the freedom of inquiry and expression to the maximum degree compatible with the orderly conduct of its functions. For these purposes, the University is governed by rules, regulations, procedures, policies, and standards of conduct that safeguard its functions and protect the rights and freedoms of all members of the University community.

This policy is adopted in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, as amended by the Violence Against Women Reauthorization Act of 2013 (Clery Act), and the Administrative Procedure Act (Chapter 34.05 RCW).

B. Purpose

The purpose of this policy is to describe the University’s agency-level policies and procedures regarding student conduct and student discipline of the rules set forth in Chapter 478-121 WAC, Student Conduct Code for the University of Washington, related to reports of the prohibited conduct under the code and to describe the University’s current approach to implementation of the code and its practices, procedures, and methods of action based upon that approach for student conduct proceedings alleging misconduct under the code, except for prohibited conduct covered by Student Governance and Policies, Chapter 210, Student Conduct Policy for Discriminatory and Sexual Harassment, Intimate Partner Violence, Sexual Misconduct, Stalking, and Retaliation, which will be addressed under that policy.

C. Advisory Committee on Student Conduct

The Advisory Committee on Student Conduct is charged and authorized with reviewing and evaluating conduct processes and outcomes and making recommendations to the Faculty Council on Student Affairs for potential revisions to policies and procedures. The committee is chaired by a faculty representative nominated by the Faculty Council on Student Affairs and approved by the Faculty Senate.

D. Intersection of the Student Conduct Code and Related Student Conduct Policies

If the reported conduct involves common issues or parties that would potentially fall under both Student Governance and Policies, Chapter 210 and this policy, the University may conduct one conduct proceeding.

In addition, reports that may constitute “Abuse of Others” under WAC 478-121-103 will be addressed under Student Governance and Policies, Chapter 210, if the report involves discriminatory or sexual harassment, intimate partner violence, sexual misconduct, or is part of a course of conduct that meets the definition of stalking.

If the reported conduct involves common issues or parties that would potentially fall under both Student Governance and Policies, Chapter 210 and this policy, the University may, in its discretion, conduct one conduct proceeding, provided that the conduct arises out of the same incident or series of incidents.

E. Intersection and Coordination with Related Policies

The following and other University policies may intersect with this policy:

• Workplace Violence web page, which prohibits acts or threatened acts of violence.

For students who are also University employees, where reported conduct involves the potential violation of the student conduct code and other related University policies, the University will assess the appropriate process through which to respond to the reported conduct and evaluate whether a single fact finding and/or conduct proceeding may be conducted that encompasses all relevant conduct and policies.

2.  University Assistance and Resources

A. Reports to the University

The University encourages individuals who are affected by prohibited conduct under this policy to report the conduct to the University as described in Section 4, Reporting Options, below.

B. Information about University and Community Services

The University and/or local communities offer a variety of services including counseling, healthcare, victim advocacy, legal assistance, VISA and immigration assistance, and student financial aid assistance for students involved in conduct proceedings under this policy. Information about resources is available on the Student Conduct website or from a conduct officer.

C. Disability Accommodations

For students who are experiencing impacts of a medical or mental health condition or whose experience has affected an existing condition, University disability services offices can evaluate and provide reasonable accommodations. See Student Governance and Policies, Chapter 208, Reasonable Accommodations for Students. For contact information see resources on the Student Conduct website.

3.  Privacy and Confidentiality

A. Privacy and Confidentiality Meanings

The University is committed to protecting the privacy of all individuals who are involved in any report or conduct proceeding under this policy. “Privacy” and “confidentiality” have distinct meanings under this policy.

Privacy means that information related to a report of prohibited conduct will be shared with a limited circle of University employees who “need to know” in order to assist in assessing and responding to a report. See Section 17 for more information about privacy and records.

Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers, mental health providers, and counselors, all of whom may engage in confidential communications under Washington State law. Other examples include licensed medical, clinical, or mental-health professionals, physicians, nurses, physicians’ assistants, psychologists, psychiatrists, professional counselors, and those performing services under their supervision. The University has designated University employees who have the ability to have such confidential communications as “Confidential Employees.”

B. Communications with Confidential Employees and Related Records

Communications between patients and University healthcare providers, and related medical records, have additional protections under University policies, state licensing requirements, and state and/or federal law.

Generally, the provider cannot reveal that information to any third party except:

• If the patient gives written consent for its disclosure;
• If there is risk of imminent harm to the patient or another identified person;
• If there is reason to suspect that a minor or an elderly person is in danger of being abused or neglected;
• If a court of law orders the release of certain information about a patient; or
• If the patient files a lawsuit or other legal action against the University or its employees, agents, or officers contesting the provision of services, information contained in the provider’s records could be released to University attorneys if relevant to the action.

More information about confidentiality may be obtained from the healthcare provider.

C. Reporting Suspected Child Abuse

In accordance with Executive Order No. 56, Reporting Suspected Child Abuse or Neglect, all University employees and volunteers who have reasonable cause to believe that a child has suffered abuse or neglect must immediately report the suspected abuse or neglect to law enforcement or the Department of Social and Health Services. A child is any individual under the age of 18 years old.

D. Clery Act Reporting

Under the Clery Act, the University must maintain a daily crime log, publish an annual security report that includes aggregate statistics about reports of certain potential criminal offenses and provide those statistics to the United States Department of Education. Clery Act reporting does not include any personally identifying information about individuals involved in an incident.

The Clery Act also requires the University to issue timely warnings to the University community about certain crimes that have been reported and may continue to pose a serious or continuing threat to students and employees. Consistent with the Clery Act, the University withholds the names and other personally identifying information of complainants, including information likely to disclose the location of the complainant, when issuing timely warnings to the University community.

4.  Reporting Options

A. Reporting Academic Misconduct or Behavioral Misconduct Under This Policy

Reports of prohibited conduct under this policy should be made to:

UW Seattle Community Standards & Student Conduct
Email: CSSC@uw.edu

Except allegations of academic misconduct, which should be reported to the dean of the appropriate school or college at the UW Seattle or their authorized delegates. For more information refer to the Community Standards and Student Conduct website.

UW Bothell Student Conduct Office
Email: UWB-StudentConduct@uw.edu

UW Tacoma Student Conduct Office
Email: UWT-StudentConduct@uw.edu

B. Reporting Discriminatory and Sexual Harassment, Intimate Partner Violence, Sexual Misconduct, Stalking, and Retaliation

Reports of sexual misconduct, intimate partner violence, discriminatory and sexual harassment, stalking, and retaliation related to such reports should be made in accordance with Student Governance and Policies, Chapter 210, Student Conduct Policy for Discriminatory and Sexual Harassment, Intimate Partner Violence, Sexual Misconduct, Stalking, and Retaliation.

C. Reporting to Law Enforcement

Prohibited conduct under this policy may also violate criminal law and may be reported directly to law enforcement. If an individual impacted by the conduct chooses to make a report to law enforcement, the individual may also make a report to the University. See the Student Conduct website for contact information regarding UW safety resources.

D. Amnesty for Alcohol or Other Drug Violations

A conduct officer may elect not to initiate a conduct proceeding regarding alcohol or other drug violations against a student who, while in the course of helping another student seek medical assistance, admits to the unlawful possession or use of alcohol or drugs, provided that the possession was for personal consumption and the use did not place the health or safety of any other person at risk. The University may initiate an assessment or educational discussion or pursue other nondisciplinary options regarding alcohol or other drug use.

E. Informal Settlements

The University may conduct informal settlements or other alternative resolution of reports.

5.  Standards of Conduct and Application of the Student Conduct Code

A. Statement of Authority

Pursuant to Chapter 34.05 RCW and the authority granted by RCW 28B.20.130, the Board of Regents of the University of Washington has established rules regarding student conduct and student discipline (code) that are set forth in Chapter 478-121 WAC, Student Conduct Code for the University of Washington.

B. Standards of Conduct

By way of further interpretation, in determining what types of conduct would be prohibited under WAC 478-121-100 through 478-121-173, the University applied guiding principles that can be summarized as follows: Admission to the University carries with it the presumption that students will conduct themselves as responsible members of the University community. As a condition of enrollment, all students assume responsibility to observe standards of conduct that will contribute to the pursuit of academic goals and to the welfare of the University community. That responsibility includes, but is not limited to:

1. Practicing high standards of academic and professional honesty and integrity;
2. Refraining from any conduct that would violate the rights, privileges, and property of others;
3. Refraining from any conduct that would substantially disrupt or materially interfere with University operations;
4. Refraining from any conduct that could reasonably cause harm to or endanger the health, safety, or welfare of other persons; and
5. Complying with the rules, regulations, procedures, policies, standards of conduct, and orders of the University and its schools, colleges, departments, units, and programs.

C. General Application of the Student Conduct Code

Under WAC 478-121-020, the conduct code applies to all students from the time of admission through the actual conferral of a degree, including any period between terms of enrollment.

The disciplinary sanctions specified in WAC 478-121-210, up to and including suspension or dismissal, may be imposed on any student or student organization found responsible for prohibited conduct set forth in WAC 478-121-100 through 478-121-173 and as described in relevant University policies.

D. Jurisdiction of the University

Under WAC 478-121-040, the scope of the University’s jurisdiction includes reports that prohibited conduct occurred:

1. On any University premises or in connection with any University-sponsored program or activity, regardless of the location of the program or activity; or
2. Off campus (i.e., conduct that does not occur on University premises or in the context of a University-sponsored program or activity) where: the University reasonably determines that the conduct adversely affects a University interest, or has continuing adverse effects or may create a hostile environment on University premises or in the context of a University-sponsored program or activity.

Nothing in this conduct code shall be construed to limit academic action that may be taken by schools, colleges, or programs against a respondent based on an established violation of Chapter 478-121 WAC that demonstrates a failure to meet the academic and/or professional standards of the school, college, or program.

If a respondent withdraws from the University (or fails to reenroll) while a conduct proceeding is pending, the University may move forward with the conduct proceeding, and if so, the respondent will be provided with a continued opportunity to participate.

The conduct officer will determine whether the University has jurisdiction based on the information available through the report and initial assessment.

6.  Definitions for Conducting Proceedings

Under WAC 478-121-050, for the purposes of the conduct code, the following definitions apply:

A. Attorney

“Attorney” is a person permitted to practice law in Washington State.

B. Complainant

A “complainant” is the person who is the subject of the prohibited conduct, whether or not that person made a report that a violation of the code or this policy had been committed against them.

C. Conduct Hold

A “conduct hold” refers collectively to administrative notes on a student’s record, such as registration holds, degree holds, and transcript holds, that enable the conduct officer to monitor the registration and enrollment status of a student for the purpose of administering the code.

D. Conduct Officer

“Conduct officer” is an individual who has the authority to initiate conduct proceedings under the code, including initiating conduct proceedings, completing fact finding, and issuing initial orders. A “conduct officer” under the code is considered a “presiding officer” under Chapter 34.05 RCW for the purpose of conducting a brief adjudicative proceeding.

E. Conduct Proceedings

“Conduct proceedings” refers to brief adjudicative proceedings and full adjudicative proceedings, collectively, under Chapter 34.05 RCW.

F. FERPA

“FERPA” refers to the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99).

G. Full Hearing

“Full hearing” refers to the hearing that occurs when a matter is designated as being appropriate for a full adjudicative proceeding, consistent with Part V of Chapter 478-121 WAC and Section 14 of this policy.

H. Hearing Officer

A “hearing officer” is a “presiding officer” in a full hearing for the purpose of conducting a full adjudicative proceeding under Chapter 34.05 RCW.

I. Presiding Officer

“Presiding officer” refers to conduct officers and hearing officers collectively.

J. Respondent

A “respondent” is any student or student organization reported to have engaged in or charged with prohibited conduct under the conduct code.

K. Review Coordinator

A “review coordinator” is an individual who may be appointed to a review panel as a non-voting member who manages the administrative review process.

L. Review Panel

“Review panel” is a panel of reviewing officers selected from the pool of reviewing officers appointed to conduct administrative reviews under Parts IV or V of Chapter 478-121 WAC and Section 13 and/or Section 15 of this policy. The review panel may also include a “review coordinator.”

M. Reviewing Officers

“Reviewing officers” are those who conduct administrative reviews for the purpose of full adjudicative proceedings or brief adjudicative proceedings under Chapter 34.05 RCW.

N. Student

A “student” is any person enrolled in or taking courses at or through the University, either full-time or part-time, including credit, noncredit, online, and nondegree courses, and any person who has been notified of acceptance for admission by the University. A student who withdraws from a course or from the University, graduates, or completes courses after the date of an alleged violation, or who is not enrolled for a particular quarter or quarters, but has a continuing relationship with the University, is still considered a student for purposes of the conduct code and this policy.

O. Student Organization

“Student organization” is a group of students that has complied with the requirements for University recognition or who otherwise are granted any rights or privileges by the University as a University affiliate. Student organizations include, but are not limited to, athletic teams or clubs, registered student organizations (RSOs), University service clubs, and sororities and fraternities.

P. University Community

The “University community” includes all University students, employees, guests of and visitors to the University, and other individuals affected by the conduct of a University student.

Q. University Official

“University official” is an employee of the University performing his or her assigned administrative, professional, or paraprofessional duties.

R. University Premises

“University premises” includes all of the University’s campus buildings, grounds, and facilities, all of its extension and research locations, and all other University-leased, -owned, or -managed buildings, grounds, and facilities, including its global learning centers and study abroad program sites, as well as University-sponsored and/or -hosted online platforms.

7.  Prohibited Conduct

A. General Application

Prohibited conduct under this policy includes, but is not limited to the conduct as described in WAC 478-121-100 through 478-121-173 and other relevant University policies, including this policy and Student Governance and Policies, Chapter 210, Student Conduct Policy for Discriminatory and Sexual Harassment, Intimate Partner Violence, Sexual Misconduct, Stalking, and Retaliation.

B. Aiding, Assisting, and Attempting

Under WAC 478-121-113, students may also be found responsible for prohibited conduct if they:

1. Aid or assist another student or student organization in the commission of prohibited conduct;
2. Request, hire, or encourage another person to commit prohibited conduct, either intending that the other person commit the prohibited conduct or with the knowledge that the other person intends to commit the prohibited conduct; or
3. Attempt to commit prohibited conduct.

C. Academic Misconduct

Under WAC 478-121-107, academic misconduct includes:

1. “Cheating,” which includes, but is not limited to:
   1. The use of unauthorized assistance in taking quizzes, tests, or examinations, or completing assignments;
   2. The acquisition, use, or distribution of unpublished materials created by another student without the express permission of the original author(s);
   3. Using online sources, such as solution manuals, without the permission of the instructor to complete assignments, exams, tests, or quizzes; or
   4. Requesting, hiring, or otherwise encouraging someone to take a course, exam, test, or complete assignments for a student.
2. “Falsification,” which is the intentional use or submission of falsified data, records, or other information including, but not limited to, records of internship or practicum experiences or attendance at any required event(s), or scholarly research.
3. “Plagiarism,” which is the submission or presentation of someone else’s words, composition, research, or expressed ideas, whether published or unpublished, without attribution. Plagiarism does not encompass unacknowledged submission or presentation of information that is generally known and widely accepted by educated members of a discipline. Plagiarism includes, but is not limited to:
   1. The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment; or
   2. The unacknowledged use of materials prepared by another person or acquired from an entity engaging in the selling of term papers or other academic materials.
4. Unauthorized collaboration.
5. Engaging in behavior specifically prohibited by an instructor in the course of class instruction or in a course syllabus.
6. Multiple submissions of the same work in separate courses without the express permission of the instructor(s).
7. Taking deliberate action to destroy or damage another’s academic work in order to gain an advantage for oneself or another.
8. The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation, and/or the dissemination or use of such unauthorized records.

D. Behavioral Misconduct

1) Abuse of Others

Under WAC 478-121-103, abuse of others includes assault and other forms of physical abuse of any person, or any conduct intended to threaten bodily harm or to endanger the health or safety of any person.

2) Abuse of the Student Conduct Process

Under WAC 478-121-105, abuse of the student conduct process includes:

1. Attempting to influence the impartiality or participation of any presiding officer or any reviewing officer;
2. Influencing or attempting to influence another person to commit an abuse of the student conduct process; or
3. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in the conduct process.

This provision does not apply to reports made or information provided in good faith, even if the respondent is ultimately found not responsible in that conduct matter.

3) Acts of Dishonesty

Under WAC 478-121-110, acts of dishonesty include:

1. Knowingly furnishing false information to any University official;
2. Impersonating, or providing false information in the name of, any University official;
3. Forging, altering, or misusing any University document or record, or instrument of identification;
4. Falsely claiming an academic credential; and
5. Providing dishonest or misleadingly incomplete information or answers on application forms or in response to other official University requests for information.

4) Alcohol Violations

Under WAC 478-121-115, includes the unlawful possession, use, distribution, or manufacture of alcohol.

5) Computer Abuses

Under WAC 478-121-117, 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 and resources to interfere with the work of another student, an instructor, or other University official;
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.

6) Creating a Public Nuisance in Neighboring Communities

Under WAC 478-121-120, in furtherance of the University’s interest in maintaining positive relationships with its surrounding communities, the University shall have the authority to hold students accountable under the student conduct code and this policy for misconduct within any residential or commercial communities adjacent to a University campus. Conduct proceedings may be initiated if the University is made aware that a student or student organization has been contacted by a law enforcement agency regarding, and is determined to have engaged 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.

1. A first minor violation under Section 7.D.6 above, will not subject the student or student organization to sanctions under the student conduct code or this policy; however, the student or student organization may receive a letter regarding the expectations of University community members as residents in the area. This letter shall constitute a warning that repeated misconduct under this subsection may result in the imposition of disciplinary sanctions.
2. A second violation of this subsection will result in the initiation of conduct proceedings under the student conduct code and this policy

7) Disruption or Obstruction

Under WAC 478-121-125, disruption or obstruction includes materially and substantially obstructing or disrupting, through words or conduct, the teaching or learning environment of any University educational setting, or any University functions or activities.

An instructor has the authority to exclude a student from any individual class session or other academic activity in which the student is materially disruptive or obstructive and may also make a report in accordance with the student conduct code and this policy. See Section 4 for Reporting Options.

8) Drug Violations

Under WAC 478-121-127, the possession, use, distribution, or manufacture of controlled substances (as defined in Chapter 69.50 RCW or 21 U.S.C. Sec. 802) on University premises or during University-sponsored activities where such possession, use, distribution, or manufacture is illegal under federal, state, or local law is prohibited. This includes the possession, use, distribution, or growing of marijuana in all forms during University-sponsored activities or on University premises, including University housing.

9) Failure to Comply

Under WAC 478-121-130, failure to comply includes, but is not limited to:

1. Any failure to comply with the directions of any University officials acting in the performance of their duties;
2. Any failure to identify oneself to University officials when requested to do so; or
3. Any failure to comply with the rules, regulations, procedures, policies, standards of conduct, or any order or directive of the University or any of its schools, colleges, and departments.

10) Harassment or Bullying

Under WAC 478-121-133, harassment or bullying is language or conduct that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person’s academic or work performance, or a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities when viewed through both an objective and subjective standard. This includes harassment or bullying that occurs through electronic means, such as electronic media, the internet, social networks, blogs, cell phones, or text messages.

11) Hazing

Under WAC 478-121-135, hazing includes any method of initiation 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 mental or emotional harm, to any student or other person. Hazing activities may include, but are not limited to, encouraging or promoting the abuse of alcohol; striking another person whether by use of any object or any part of one’s body; causing someone to experience excessive fatigue or physical and/or psychological shock; and causing someone to engage in degrading or humiliating games or activities that create a risk of serious mental, emotional, and/or physical harm. Consent of a victim or victims is not a defense to an allegation of hazing.

When assessing “hazing,” the agency’s interpretation of the code is that hazing does not include generally accepted practice, training, and conditioning activities, or activities reasonably designed to test a participant’s ability to meet eligibility requirements for established athletic events such as intramural or club sports, intercollegiate athletics, or other similar contests or competitions.

12) Possession or Use of Firearms, Explosives, Dangerous Chemicals, or Other Dangerous Weapons

Under WAC 478-121-143, this prohibition includes unauthorized possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on University premises, unless specifically authorized by the University President or delegee.

Firearms include, but are not limited to, what are commonly known as air guns or rifles, BB guns, and pellet guns, and any instrument used in the propulsion of shot, shell, bullets, or other harmful objects by the:

• Action of gunpowder or other explosives;
• Action of compressed air; or
• Power of springs or other forms of propulsion.

This includes the exhibition or display of a replica of a dangerous weapon prohibited under this subsection if done in a manner and at a time or place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

13) Retaliation

Under WAC 478-121-147, retaliation includes engaging or attempting to engage in any action, directly or indirectly, including through a third party, that is intended to harass, intimidate, threaten, harm or improperly influence any person because they:

1. Make, or intend to make, a report, complaint, grievance, or allegation of prohibited conduct under any University policy or rule, or under any law;
2. Participate in and/or cooperate with conduct proceedings; or
3. Appear as a witness.

14) Theft

Under WAC 478-121-160, theft is the taking of property or services without express permission of the owner. This includes, but is not limited to, taking, possessing, or aiding another to take University property or services, or property belonging to members of the University community.

15) Unauthorized Keys, Entry, or Use

Under WAC 478-121-163, unauthorized keys, entry, or use includes but is not limited to:

1. Unauthorized possession, duplication, or use of keys (including conventional keys, key cards, or alphanumeric passcodes) to any University premises;
2. Unauthorized entry upon or use of University premises or property; or
3. Providing keys to an unauthorized person or providing access to an unauthorized person.

16) Unauthorized Recording

Under WAC 478-121-165, unauthorized recording includes, but is not limited to:

1. Making audio, video, digital recordings, or photographic images of a person without that person’s consent in a location where that person has a reasonable expectation of privacy; or
2. Storing, sharing, publishing, or otherwise distributing such recordings or images by any means.

When such recordings may fall within WAC 478-121-153, sexual exploitation, they will be addressed in accordance with that provision and related policies.

17) Vandalism

Under WAC 478-121-167, vandalism includes maliciously damaging or misusing University property, or the property of any member of the University community.

18) Violation of Disciplinary Sanctions

Under WAC 478-121-170, violation of disciplinary sanctions includes the violation of any term or condition of any final order issued under this conduct code or the failure to complete a disciplinary sanction in the specified time frame.

19) Violation of Law

Under WAC 478-121-173, violation of law includes when a student has been convicted of a crime under any federal, state, or local law that adversely affects a University interest.

8.  Conduct Proceedings

A. Form of Adjudicative Proceeding

Under WAC 478-121-200, all conduct proceedings under the student conduct code and this policy shall be conducted in accordance with Chapter 34.05 RCW, Administrative Procedure Act, and constitutional due process. If there is an irresolvable conflict between the student conduct code and the Administrative Procedure Act or constitutional due process, the Administrative Procedure Act or constitutional due process shall supersede the student conduct code.

In applying the student conduct code and this policy, due consideration shall be given to the fact that the conduct process is administrative and not judicial in nature and that the rules of civil procedure only apply to the extent set forth in the conduct code or in Chapter 34.05 RCW. In formal proceedings pursuant to RCW 34.05.413 through 34.05.476, the University adopts the model rules of procedure Chapter 10-08 WAC, Model Rules of Procedure. In the case of a conflict between the model rules of procedure and Chapter 478-121 WAC, the procedural rules adopted in the code shall govern.

Informal settlements may be conducted under the authority of RCW 34.05.060.

B. Brief Adjudicative Proceedings

Under WAC 478-121-203, when conduct proceedings have been designated as brief adjudicative proceedings under the student conduct code, they will be conducted in accordance with RCW 34.05.482 through 34.05.494 and the parties will receive notice as set forth in WAC 478-121-235.

C. Conversion to Full Adjudicative Proceeding

Under WAC 478-121-205, prior to the conclusion of a brief adjudicative proceeding, the conduct officer shall make any inquiries necessary to ascertain whether the proceeding should be converted to a full adjudicative proceeding under RCW 34.05.413 through 34.05.476, of the Administrative Procedure Act. If converted, the conduct officer will take steps necessary to initiate a full hearing and a hearing officer will be assigned.

To the extent feasible, the conduct officer’s record will be included in the record for the full hearing. The time of commencement of the full hearing shall be considered to be the time of commencement of the original conduct proceeding.

If not converted by the conduct officer, the parties will be given an opportunity to request a full hearing through the administrative review process per WAC 478-121-320 through 478-121-345.

D. Full Adjudicative Proceeding

Under WAC 478-121-207, if it becomes apparent that a full adjudicative proceeding is necessary, is in the public interest, or is more appropriate to resolve issues affecting the participants, a full hearing will be held in accordance with WAC 478-121-400 through 478-121-427 that is in compliance with RCW 34.05.413 through 34.05.476.

The following are factors that may be considered as guidelines to determine whether the issues and interests involved warrant a full adjudicative proceeding:

1.   If a respondent has been placed on emergency suspension;
2.   If a respondent has been charged with hazing; or
3.   If a respondent has been charged with a felony offense related to the alleged conduct under Washington State criminal code.

  A disciplinary sanction of suspension or dismissal will not be imposed on a respondent without the University completing a full hearing, unless those sanctions were applied as a term of an informal settlement.

9.  Disciplinary Sanctions

A. Applicable Disciplinary Sanctions

Sanctions are intended to provide educational opportunities and accountability while also reducing the likelihood of future prohibited conduct. Sanctions may include administrative, educational, and restorative components. Some conduct, however, is so egregious in nature, or so damaging to the educational environment that it requires more serious sanctions, including suspension or dismissal.

Under WAC 478-121-210, one or more of the following disciplinary sanctions may be imposed for any violation of this conduct code:

1) Disciplinary Reprimand

A respondent may be issued a written disciplinary reprimand.

2) Disciplinary Probation

A respondent may be placed on disciplinary probation (meaning formal conditions are imposed on the respondent’s continued attendance). The time period for the disciplinary probation and any conditions shall be specified. Failure to fulfill conditions of the disciplinary probation in a timely manner will extend the probationary period (and the conditions) and may result in additional disciplinary sanctions.

3) Restitution

A respondent may be required to make restitution for damage or other loss of property and for injury to persons. The University may put a conduct hold in place if the respondent fails to pay or to make in writing University-approved arrangements to pay restitution.

4) Loss of Privileges

A respondent may be denied specified privileges for a designated period of time such as the privilege to participate in a particular campus activity and may be restricted from any or all University premises for a specific duration.

5) Suspension

A respondent may be suspended (i.e., temporarily separated) from the University for a specified period of time. Conditions of suspension may be imposed and will be specified. Except as otherwise specified in the final order, all conditions must be fulfilled before the end of the suspension period. Failure to fulfill all conditions of suspension in a timely manner will extend the suspension period and any conditions, and may result in additional disciplinary sanctions. The University may put a conduct hold in place during the suspension period.

6) Dismissal

A respondent may be dismissed (i.e., permanently separated) from the University.

7) Sanctions for Hazing

In addition to other sanctions, a student who is found responsible for participating in hazing of another shall forfeit any entitlement to state funded grants, scholarships, or awards for a specified period of time.

B. Possible Factors for Determining Sanctions

In determining an appropriate sanction for a violation of the student conduct code, factors that may be considered include, but are not limited to:

• The seriousness, severity, persistence, or pervasiveness of the prohibited conduct;
• The nature or violence (if applicable) of the prohibited conduct;
• The impact on the complainant and/or University community;
• The respondent’s past disciplinary record with the University;
• Whether the respondent has accepted responsibility for the prohibited conduct;
• The maintenance of a safe, nondiscriminatory and respectful environment conducive to learning; and/or
• Any other mitigating, aggravating, or compelling factors that the presiding officer determines to be relevant and admissible.

The use of alcohol or drugs by a respondent will not be considered a mitigating factor in imposing discipline.

If a respondent withdraws from the University (or fails to reenroll) before completing a sanction, the sanction must be completed prior to or upon the respondent’s reenrollment, depending on the nature of the sanction. Completion of disciplinary sanctions may be considered in applications for readmission to the University.

C. Effective Date of Sanctions

Under WAC 478-121-213, sanctions will be implemented when a final order becomes effective in the University’s conduct proceeding. An initial order that becomes a final order because no administrative review was requested or initiated becomes effective on the day after the period for requesting review has expired.

10.  Initiating Conduct Proceedings

A. Authority to Initiate Conduct Proceedings and Delegations of Authority in Conduct Proceedings

Under WAC 478-121-215, the following University officials may initiate conduct proceedings under the conduct code and this policy:

• The Vice President for Student Life at UW Seattle;
• The chancellors at UW Bothell and Tacoma;
• Deans of a school or college (including the graduate school) at UW Seattle; and
• Deans or directors of any school or program at UW Bothell or Tacoma.

The above named University officials may delegate the authority to one or more individuals to initiate conduct proceedings, engage in fact finding, hold hearings, and issue initial orders under the conduct code and this policy. They may also establish student or student/faculty/staff hearing bodies to advise or to act for them in conduct proceedings.

For the purpose of completing administrative reviews under Parts IV and V under the student conduct code:

1. The Chair of the Faculty Senate will appoint one or more faculty to be included in a pool of available reviewing officers; and
2. The President, Vice President for Student Life at UW Seattle, or the chancellors at the UW Bothell and Tacoma campuses may appoint one or more students to be included in a pool of available reviewing officers.

  Review Panels, composed of multiple reviewing officers, may be created to complete administrative reviews under Parts IV and V of the student conduct code and Sections 13 and 15 of this policy. Review panels may also include a review coordinator.

B. Appointment of Reviewing Officers

Under WAC 478-121-217, faculty and students may be appointed to the pool of available reviewing officers at any time by a University official with authority to appoint such individuals. The appointment will be for a specific term, which may be extended at the discretion of a University official with authority to appoint such individuals, and will include any training and other conditions of service.

Faculty candidates for reviewing officers are identified and approved through the same process as used for membership on Faculty Senate councils and are appointed by the Chair of the Faculty Senate.

Student candidates will be identified in collaboration with student governance. To be eligible to serve on a review panel, students must be full-time and in good standing with the University.

Efforts will be made to ensure the pool includes available reviewing officers representing the UW Seattle, UW Bothell, and UW Tacoma campuses.

C. Selection of Review Panels

Under WAC 478-121-220, for each administrative review, an odd number of available reviewing officers will be selected from the pool, based on availability, to form the review panel. Faculty or students may be selected to serve on review panels for conduct proceedings under this policy, but the majority of panel members must be faculty. Those selected for the panel will designate a faculty member of the panel to act as chair, with efforts made that the chair be a representative from the campus where the respondent is enrolled.

D. Training for Presiding Officers and Reviewing Officers

The individuals who are selected to serve as presiding officers and reviewing officers will receive, at a minimum, annual training on the issues related to prohibited conduct under this policy and on conducting conduct proceedings.

E. Disqualification and Substitution of Presiding Officers and Reviewing Officers

Under WAC 478-121-223, any presiding officer or reviewing officer is subject to disqualification for bias, prejudice, interest, or any other applicable cause. Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly upon discovering facts establishing grounds for disqualification. The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. An appropriate individual will then be substituted as a presiding or reviewing officer.

If a party requests the disqualification of a presiding officer and that request is denied, the denial of the request may be raised as a reason for seeking administrative review.

F. Initiating Conduct Proceedings

Under WAC 478-121-225, conduct proceedings may be initiated when the University receives any direct or indirect report of conduct that may violate the student conduct code or this policy, which may include, but is not limited to, a police report, an incident report, a witness statement, other documentation, or a verbal or written report from a complainant, witness, or other third party.

Conduct matters may be initiated under the conduct code regardless of whether or not the incident in question is the subject of criminal or civil proceedings.

G. Decision Not to Initiate a Conduct Proceeding

Under WAC 478-121-227, if the conduct officer decides not to initiate a conduct proceeding when requested by a complainant who, otherwise, would be a party to the proceeding, the conduct officer will provide the complainant with a written decision, including a brief statement of the reasons and of any other options for review.

H. Timeframe for Completion and Extension for Good Cause

As a matter of internal management of the agency, typically, the period from commencement of a conduct proceeding through the service of an initial order in brief adjudicative proceedings or conversion to a full hearing will not exceed 60 calendar days. This guideline is intended to enhance efficiency, but is not intended to adversely affect the rights or procedures available to the complainant and respondent under Chapter 34.05 RCW. This time frame may be extended for good cause.

“Good cause” is interpreted as including factors such as whether additional time is necessary to ensure the integrity and completeness of the fact finding, to comply with a request by external law enforcement for temporary delay to gather evidence for a criminal investigation, to accommodate the availability of witnesses, to account for University breaks or vacations, to account for the complexities of a case, including the number of witnesses or volume of information provided, or to comply with Chapter 34.05 RCW.

I. Coordination with Law Enforcement

If the University has initiated a conduct proceeding and the conduct is also subject to a criminal investigation, the University will make reasonable efforts to work cooperatively with the law enforcement agency, but the University will not unduly delay its own process. At the request of law enforcement, the conduct officer may delay the process temporarily while law enforcement is gathering evidence. The conduct officer will promptly resume the process when notified that law enforcement has completed the evidence-gathering stage of its criminal investigation.

J. Conduct Hold on Student Record

Under WAC 478-121-230, a conduct office or other designated University official may place a conduct hold on the student’s record if the student is the respondent in a pending report of prohibited conduct, a pending conduct proceeding under the student conduct code and this policy, or in conjunction with a disciplinary sanction under the code. A conduct hold may restrict the student from registering for classes, requesting an official transcript, or receiving a degree from the University until the hold has been removed. If a conduct hold is put in place pending or during a conduct proceeding, the student will be notified of the hold and be advised how to raise an objection about the hold or request that it be made less restrictive. The hold will remain in place until lifted by the conduct office or other designated University official with authority to do so.

Implementation of any conduct hold does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under the conduct code and this policy.

Typically, a conduct hold will be lifted when circumstances change, where the hold is no longer necessary, or at the completion of a conduct proceeding. If a conduct hold is necessary to monitor a sanction, per Section 9, notification of the hold will be incorporated into the initial order or final order.

K. Parties

Under WAC 478-121-233, the parties to a conduct proceedings are the University and the respondent. In addition, the University may designate other individuals, such as a complainant, as a party to conduct proceedings under this policy, or allow individuals to intervene in conduct proceedings.

Typically, faculty who refer an allegation of academic misconduct for conduct proceedings under the code and this policy would not be designated as a party.

L. Interim Protective Measures

Under WAC 478-121-235, after receiving a report of prohibited conduct, the University may implement interim protective measures that impact a respondent at any time prior to the conclusion of a conduct proceeding. When implemented, the respondent will be advised on how to raise an objection about the interim measure or request that it be made less restrictive. Interim measures will remain in place until lifted or modified by a University official with authority to do so.

Interim protective measures are designed to limit contact between the respondent and others who have been impacted by the alleged conduct, avoid repeated prohibited conduct, if occurring, or potential retaliation against a complainant, an individual who reported, other specified persons, and/or a specific student organization. The specific interim protective measure(s) implemented will vary depending on the circumstances of each report.

If an interim protective measure is implemented, the respondent will be notified. Implementation of any interim measure does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under the conduct code or this policy. A respondent who fails to comply with any interim protective measures may, however, be charged with a “failure to comply” pursuant to WAC 478-121-130. Interim protective measures typically remain in place for the entire conduct proceeding unless circumstances change and there is no longer a need for a specific interim protective measure.

Following are examples of interim protective measures:

1) A No-Contact Directive

A no-contact directive is a University directive prohibiting the respondent from having direct or indirect contact, by any means, with a complainant, an individual who reported, other specified persons, and/or a specific student organization. A no contact directive is a common interim protective measure that is put in place by the conduct officer. When a no-contact directive is put in place, the respondent is notified.

2) Housing Reassignments

In accordance with University housing agreements, a student may be reassigned to other University housing under certain circumstances as necessary.

3) Limiting the Respondent’s Access to, or Limiting Participation in, Identified University-Controlled Buildings, Programs, or Activities

University employees or others with authority over the building, program, or activity are typically consulted regarding appropriate interim protective measure and/or may implement the interim protective measure.

4) Changes to Class Schedules, Assignments, or Test Schedules

This may include moving the respondent to a different class time or section. Efforts are made to avoid an impact on the respondent’s academic progress.

5) Emergency Suspension

Authority to place a student on emergency suspension is set forth in Section 10.M below.

  Certain interim protective measures may also be put in place as a condition of a sanction, per Section 9 above, and notification of the condition will be incorporated into the initial or final order.

M. Emergency Authority of the University

Under WAC 478-121-237, if there is reasonable cause to believe that a student’s conduct represents a threat to the health, safety, or welfare of the University or any member of the University community, or poses an ongoing threat of substantially disrupting or materially interfering with University activities or operations, the president, the president’s delegate, the vice president for Student Life for UW Seattle or delegates, and the chancellors of the UW Bothell and Tacoma campuses or delegates, may immediately suspend that student from participation in any or all University functions, privileges, or locations.

In such an emergency situation, the University official placing the student on emergency suspension shall issue a written order to be served upon the student describing the terms of the emergency suspension and the reasons for the emergency suspension. The order shall advise the student how to raise an objection about the emergency suspension or request that it be made less restrictive. The University may also put a conduct hold in place during the emergency suspension period.

The order shall be effective immediately. The proceeding shall then be referred to the appropriate conduct office and the proceeding shall proceed as quickly as feasible. The emergency suspension shall remain in effect until lifted or revised by a University official with authority to do so or until a final order is entered in the proceeding. Once a final order is entered in the proceeding, any emergency suspension shall be lifted and the sanction, if any, will be imposed.

To the extent permissible under applicable law, the complainant or other member of the University community may also be provided with notice of the respondent’s emergency suspension and any terms of the emergency suspension that directly relate to that individual.

N. Service of Notices, Filings, and Orders; and Time Limits

Service of all University notices will be sent via electronic mail (email) addressed to the party’s University-issued email address. An alternative email address may be provided to the conduct officer in writing. Service by email is complete at the moment the email is sent to the email address. In the alternative, service may also be accomplished by personal service or by posting it in the United States mail, properly addressed, and postage prepaid. Service by mail is complete upon deposit in the United States mail. If there is no email on record, service may also be accomplished by personal service or by posting it in the United States mail, properly addressed, and postage prepaid. Service by mail is complete upon deposit in the United States mail.

The parties are permitted to file documents with the conduct officer via email or other electronic means as determined by the conduct officer. Receipt of such documents will be the date of the email. When documents must be shared with other parties, the conduct officer will be responsible for delivery of such documents, as above.

In computing any period of time under the conduct code and this policy, the day of service of any order, notice, or other document is not counted. The last day of the applicable period of time is counted. If the last day of the applicable period of time falls on a Saturday, Sunday, or official state holiday (which includes the day after Thanksgiving), the period ends on the next business day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation.

The time limit for seeking an administrative review of an initial order is based upon the date of service of the initial order.

University students and employees have an ongoing obligation to update their physical and email addresses via MyUW. Others involved in the conduct proceeding who are not affiliated with the University have an obligation to notify the conduct officer of any change to their physical or email addresses.

O. Participation of Advisors and Attorneys

Under WAC 478-121-243, the parties to conduct proceedings may, at their own expense, be accompanied by an advisor of their choice, including an attorney, throughout the conduct proceedings. In a brief adjudicative proceeding, an advisor may provide support and advice, but an advisor may not speak on behalf of the student or disrupt or interfere with any aspect of the brief adjudicative proceeding, as determined by the conduct officer. In a full adjudicative proceeding, including any prehearing matters, if the party’s advisor is an attorney, the attorney may advise and represent the party, but the advisor may not disrupt or interfere with any aspect of the proceeding, as determined by the hearing officer or reviewing officer(s).

Advisors should make themselves reasonably available and the University will not unduly delay the conduct proceeding based on the advisor’s or attorney’s unavailability. Advisors may be asked to meet with a University administrator in advance of any participation in the proceeding to learn about the process and the expectations of the role.

P. Consolidation

Under WAC 478-121-245, if there are multiple conduct proceedings involving common issues or parties, the parties may request, or the presiding officer may decide, to consolidate the proceedings. This decision is within the sole discretion of the presiding officer.

Q. Burden of Proof

Under WAC 478-121-247, the burden of proof in conduct proceedings rests with the University.

R. Disability Accommodation

The University provides reasonable accommodation to individuals involved in the conduct process, including interpreter services for deaf and hard of hearing, in accordance with relevant federal and state laws and University policies. To request disability accommodation, contact a disability services office (see resources available on the Student Conduct website).

11.  Evidence

A. Evidence in Conduct Proceedings

Under WAC 478-121-250, the following evidentiary provisions apply to conduct proceedings under the student conduct code and this policy. In applying the code, due consideration shall be given to the fact that the conduct process is administrative and not judicial in nature and that rules of evidence only apply to the extent set forth in the code or in Chapter 34.05 RCW. This policy also provides guidance regarding the University’s interpretation of those rules.

While brief adjudicative proceedings do not require the application of rules of evidence, the conduct officer will be guided by the principles underlying the Washington State Rules of Evidence when they do not conflict with the code or relevant University policies.

B. Relevant Evidence, Hearsay, and Character Evidence

Under WAC 478-121-253, evidence, including hearsay, is admissible if, in the judgment of the presiding officer, it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. In a full hearing, however, the hearing officer shall not base a finding exclusively on such inadmissible evidence unless the hearing officer determines that doing so would not unduly abridge the parties’ opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the initial order.

The presiding officer will determine the admissibility and relevance of all evidence, including that offered by the parties and/or witnesses, and shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may exclude from consideration evidence that is not relevant. The presiding officer may also exclude from consideration evidence that is immaterial or unduly repetitious.

In general, the presiding officer will not consider statements of personal opinion or statements as to any individual’s general reputation or any character trait, unless the presiding officer considers such evidence to be relevant and admissible.

The presiding officer may take judicial notice of some material that was not offered as evidence by the parties. In full adjudicative proceedings, the process for taking judicial notice is set forth in RCW 34.05.452.

C. Prior or Subsequent Conduct of the Respondent

Under WAC 478-121-255, prior or subsequent conduct of the respondent may be considered in determining opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake. The presiding officer will determine the relevance and admissibility of this evidence.

D. Experts

Under WAC 478-121-260, presiding officers may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation. This information will be summarized in the initial order.

Generally, results of polygraph examinations are not considered relevant, even if offered voluntarily.

E. Self-Incriminating Evidence

Under WAC 478-121-263, no student shall be compelled to give self-incriminating evidence and a negative inference will not be drawn from a refusal to participate at any stage of the conduct proceeding. The presiding officer may, however, proceed with the conduct proceeding and reach a finding based on other available and admissible evidence.

F. Criminal Conviction

Under WAC 478-121-265, the presiding officer may accept a conviction of a crime under any federal, state, or local law as the evidentiary basis for establishing prohibited conduct under the code when the elements of that crime establish prohibited conduct under the student conduct code and this policy that adversely affects a University interest.

G. Law Enforcement Records

When available to the University, information provided by law enforcement, or through law enforcement records, may be considered in the University’s conduct proceedings.

H. Medical or Counseling Records

In general, an individual’s medical and counseling records are confidential and not accessible to the conduct officer unless the individual voluntarily chooses to share those records. In those instances, the information, if determined to be relevant, may be shared with other parties or witnesses and will become part of the record. Individuals who are considering submitting such records are urged to consult with the conduct officer prior to providing such records to learn more about how those records may be shared and retained.

12.  Brief Adjudicative Proceedings

A. Notice of Conduct Proceeding and Investigative Interview

Under WAC 478-121-300, the conduct officer will provide notice to the parties, in writing, of the commencement of conduct proceedings, which will include information on how to petition for disqualification of the conduct officer.

The notice will include:

• A brief description of the alleged misconduct;
• The specific section(s) of the student conduct code allegedly violated; and
• Information about the range of sanctions that may be imposed in a conduct proceeding.

The conduct officer will also schedule an investigative interview with the respondent as part of the fact-finding process.

B. Fact Finding

Under WAC 478-121-305, before taking action in a brief adjudication proceeding, the conduct officer shall give each party an opportunity to be informed of the agency’s view of the matter and to explain the party’s view of the matter. This process includes, without limitation, conducting fact finding and providing the parties with the opportunity to participate in the conduct proceeding by explaining the process to the parties and allowing them to review the allegations, provide evidence, identify witnesses with relevant knowledge, respond to evidence provided by others, and provide the conduct officer with suggested questions for others (collectively, “fact finding”).

As part of the fact finding process and prior to its completion, the conduct officer will notify and provide the opportunity to meet separately with the complainant, the respondent, and third-party witnesses. Each party will also be asked to identify witnesses, and provide other relevant information, such as documents, communications, photographs, and other evidence. The conduct officer is responsible for gathering reasonably available evidence and information.

If a party fails to respond to notices or does not participate in the conduct proceeding at any stage of the proceeding, the University may move forward with the conduct proceeding without the participation of a party.

C. Standard of Proof

Under WAC 478-121-310, the applicable standard of proof is the “preponderance of evidence” standard. This means that, in order for a respondent to be held responsible for a violation of the student conduct code and this policy, the conduct officer must conclude, based on all of the evidence in the record, that it is more likely than not that the respondent engaged in an act or acts of conduct prohibited by the code.

D. Initial Order

Under WAC 478-121-315, at the conclusion of the fact finding, the conduct officer will prepare an initial order. If the respondent is found responsible, the conduct officer will impose a sanction. The conduct officer will serve the initial order to the parties, simultaneously and in writing. The initial order will include a brief written statement of the reasons for the decision and an explanation of how to request administrative review of the initial order and the time frame to do so.

13.  Brief Adjudicative Proceeding Administrative Review

A. Requesting Administrative Review

Under WAC 478-121-320, a party may request administrative review of the initial order based on the grounds as set forth in WAC 478-121-325.

A request for administrative review must be submitted in writing to the conduct officer within 21 days of the date of service of the initial order. The party requesting the review will be provided with an opportunity to explain the reasons for seeking review. If one of the grounds is to consider newly discovered evidence, that evidence must also be provided with the request for review.

If an administrative review is not requested within 21 days of service of the initial order, the initial order shall become the final order.

B. Grounds for Administrative Review

Under WAC 478-121-325, a party may request administrative review for any or all of the following reasons:

• To determine whether there was a material error that substantially affected the outcome of the fact finding or sanctioning;
• To consider newly discovered evidence, not reasonably available during the fact finding, that could substantially impact the outcome;
• To determine whether the sanction(s) imposed were appropriate for the violation committed and were not excessively lenient or excessively severe; or
• To determine whether the issue and interests involved warrant a full hearing.

C. Notice of Administrative Review

Under WAC 478-121-330, if administrative review is requested, the University will provide the parties notice, in writing, of the date the administrative review will be initiated and the identities of the reviewing officer(s) selected for the review panel. The parties will also be provided with information on how to petition for disqualification of any reviewing officer(s).

Other parties will be provided with a copy of the request for administrative review and notice of how to submit a written response. Responses must be submitted within five business days of service of the notice of administrative review.

D. Procedures for Administrative Review

Under WAC 478-121-335, when the reviewing officer(s) conducts an administrative review, the review is based on:

1. The conduct officer’s record and fact finding;
2. Information submitted to the review panel in the request for review or response to request for review; and
3. 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.

  Decisions by a panel of reviewing officers will be determined by majority vote.

E. Order from Administrative Review

Under WAC 478-121-340, within 20 days after the request is submitted, the review panel 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.

The reviewing officer(s) may reach one of the following results:

• Conclude there is no basis for remand or alteration of sanctions, and issue a final order disposing of the proceeding;
• Remand for further fact finding or review if newly discovered evidence may have impacted the result or if the record demonstrates material error;
• Increase or reduce the sanction(s) and issue a final order, if the increased sanction does not warrant a full hearing; or
• Conclude whether the proceeding should be converted to a full adjudicative proceeding and, if so, take steps necessary to initiate a full hearing.

If the review panel does not issue an order within 20 days after the request is submitted, the request for review is deemed to be denied.

F. Process Following Remand from Administrative Review or Conversion

Under WAC 478-121-345, if the proceeding is remanded or converted to a full adjudicative proceeding following administrative review, the initial order will be rescinded and the reviewing officer(s) will describe, in writing, the reasons for the remand or conversion.

Following remand, additional proceedings will be conducted as necessary to address the reasons for the remand or conversion and will be conducted in accordance with the relevant sections of the code.

14.  Full Adjudicative Proceedings and Full Hearings

A. Notice of Full Hearing

Under WAC 478-121-400, the hearing officer shall set the time and place of the full hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The notice will include information on how to petition for disqualification of the hearing officer.

B. Prehearing Conferences

Under WAC 478-121-403, hearing officers upon their own motion or upon request of a party may direct the parties or their representatives to engage in a prehearing conference or conferences to consider:

• Simplification of issues;
• The necessity or desirability of amendments to the pleadings, if any;
• The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;
• Limitations on the number and consolidation of the examination of witnesses;
• Procedural matters;
• Distribution of written testimony and exhibits to the parties prior to the hearing;
• Such other matters as may aid in the disposition or settlement of the proceeding.

Prehearing conferences may be held by telephone conference call or at a time and place specified by the hearing officer.

Following prehearing conferences, the hearing officers shall issue an order. Orders are effective when they are served. Hearing officers may, at their discretion, hold more than one prehearing conference and issue orders modifying any prehearing order.

In any full hearing, hearing officers may, in their discretion, conduct a conference prior to the taking of testimony, or may recess the hearing for such conference, for the purpose of carrying out the purpose of this provision. The hearing officer shall state on the record the results of such conference.

C. Record for the Full Hearing

Under WAC 478-121-205, the conduct officer’s record will be included in the record for the full hearing. Prior to the hearing, the conduct officers’ record is provided the parties for review. The parties are given the opportunity, typically finalized through the prehearing conference, to request that evidence be included in or excluded from the record.

Under WAC 478-121-253, the hearing officer will determine the admissibility and relevance of all evidence, including that offered by the parties and/or witnesses.

D. Discovery

Under WAC 478-121-405, discovery, including depositions, interrogatories, requests for production, entry onto land for inspection or other purposes, and physical and mental examinations, is not available in conduct proceedings under the student conduct code and this policy.

E. Subpoenas

Under WAC 478-121-407, the hearing officer may issue subpoenas. The parties may also request that the hearing officer issue subpoenas or a party’s attorney of record may also issue a subpoena in whose behalf the witness is required to appear at a full hearing. The requesting party is responsible for serving the subpoena upon the witness. In the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, such testimony may be by telephone or other electronic means.

F. Protective Orders

Under WAC 478-121-410, the hearing officer may enter protective orders, which limit the admissibility of evidence or condition it on specified criteria necessary to protect a party or a witness from annoyance, embarrassment, oppression, or undue burden or expense, or to comply with any applicable law.

G. Pleadings, Briefs, and Motions

Under WAC 478-121-413, at appropriate stages of full adjudicative proceedings, the hearing officer will give all parties full opportunity to submit and respond to pleadings, motions, objections, and offers of settlement, including motions for summary judgment.

At appropriate stages of full adjudicative proceedings, the hearing officer may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.

The hearing officer has the discretion to decide and dispose of all issues raised in accordance with this section.

H. Communications with Hearing Officer

Under WAC 478-121-415, all communications with the hearing officer, 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 the hearing officer 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.

I. Standard of Proof in Full Hearings

Under WAC 478-121-417, the applicable standard of proof is the “preponderance of evidence” standard. This means that, in order for a respondent to be held responsible for prohibited conduct under the student conduct code and this policy, the hearing officer must conclude, based on all of the evidence in the record, that it is more likely than not that the respondent engaged in an act or acts of prohibited conduct.

J. Continuances

Under WAC 478-121-420, the hearing officer has the discretion to grant postponements, continuances, extensions of time, and adjournments or upon a request of any party, if the party shows good cause.

A request for a continuance may be oral or written. If all parties do not agree to the continuance, the hearing officer may schedule a prehearing conference to receive argument or may rule on the request without argument.

K. Testimony under Oath or Affirmation

Under WAC 478-121-423, in a full hearing, all testimony of parties and witnesses shall be made under oath or affirmation.

L. Remote Participation

Under WAC 478-121-425, at the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, all or part of any hearing, including the testimony of witnesses, may be conducted by telephone or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place. Such measures may be taken to accommodate concerns raised by a complainant, a respondent, or any witness.

M. Procedure in Full Hearing

To the extent necessary for full disclosure of all relevant facts and issues, the hearing officer of a full hearing shall afford to all parties the opportunity to respond, present evidence, and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.

A complainant or respondent may request, and the hearing officer has the discretion to order, that the respondent may not ask questions of a complainant, but, instead, be allowed to submit written questions to the hearing officer, who will ask any relevant and appropriate questions submitted. The hearing officer has the discretion to accept, reject, or rephrase any question submitted.

N. Initial Order from Full Hearing

Under WAC 478-121-427, 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.

If an administrative review is not requested within 21 days of service of the initial order, the initial order shall become the final order.

15.  Administrative Review from Full Hearings

A. Requesting Administrative Review from a Full Hearing

Under WAC 478-121-430, a party may request administrative review of the initial order based on the grounds as set forth in WAC 478-121-433.

A request for administrative review must be submitted in writing to the hearing officer within 21 days of the date of the initial order. If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the request for review.

If an administrative review is not requested within 21 days the initial order shall become the final order.

B. Grounds for Administrative Review from a Full Hearing

Under WAC 478-121-433, a party may request administrative review for any or all of the following reasons:

• To determine whether there was a material error that substantially affected the outcome of the fact finding or sanctioning;
• To consider newly discovered evidence, not reasonably available during the fact finding, that could substantially impact the outcome;
• To determine whether the sanction(s) imposed were appropriate for the violation committed and were not excessively lenient or excessively severe; or
• Any other grounds that would warrant modification, withdrawal, or reversal of the order.

C. Notice of Administrative Review from a Full Hearing

Under WAC 478-121-435, if administrative review is requested, the University will provide the parties notice, in writing, of the date the administrative review will be initiated and the identities of the reviewing officer(s) selected for the review panel. The parties will also be provided with information on how to petition for disqualification of any reviewing officer(s).

Other parties will be provided with a copy of the request for administrative review and notice of how to submit a written response. Responses must be submitted within five business days of service of the notice of administrative review.

D. Procedures for Administrative Review from a Full Hearing

Under WAC 478-121-437, when the reviewing officer(s) conducts an administrative review, the reviewing officer(s) shall:

1. Personally consider the whole record or such portions of it as may be cited by the parties;
2. 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;
3. 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;
4. Review information submitted to the review panel in the request for review or response to request for review; and
5. 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.

In reviewing findings of fact by presiding officers, the reviewing officers shall give due regard to the presiding officers’ opportunity to observe the witnesses.

Decisions by the reviewing officer(s) will be determined by majority vote.

E. Communications with Reviewing Officers

Under WAC 478-121-440, 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.

F. Order from Administrative Review of Full Hearing

Under WAC 478-121-443, within 30 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.

The reviewing officer(s) may reach one of the following results:

• Conclude there is no basis for remand or alteration of sanctions, and issue a final order disposing of the proceeding;
• 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;
• Increase or reduce the sanction(s) and issue a final order disposing of the proceeding; or
• 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.

When issuing orders under this section, the order shall include, or incorporate by reference to the initial order, all matters required by RCW 34.05.461(3).

The reviewing officer will serve the order to the parties, simultaneously and in writing.

G. Process Following Remand from Administrative Review of a Full Hearing

Under WAC 478-121-445, 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.

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.

If an administrative review is not requested within 21 days of service of the initial order, the initial order shall become the final order.

H. Judicial Review

Once a final order has been issued by the University, complainants or respondents may seek judicial review as set forth in Chapter 34.05 RCW, the Washington State Administrative Procedure Act. The time limit for seeking judicial review of a final order is set forth in RCW 34.05.542.

16.  Reconsideration of Final Orders in Full Adjudicative Proceedings

A. Reconsideration of Final Orders

Under WAC 478-121-447, 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.

B. Denial of Request for Reconsideration

Under WAC 478-121-450, 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.

17.  Privacy and Records

A. Privacy in Full Hearings

Under WAC 478-121-453, in accord with the Family Educational Rights and Privacy Act (FERPA), (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99), all meetings or reviews conducted under the student conduct code and this policy generally will be held in closed session out of respect for the privacy of all the students involved.

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.

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 the code and this policy. If the hearing is open to public observation, the hearing 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.

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.

B. General Recordkeeping

Under WAC 478-121-500, 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.

C. Disciplinary Record

Under WAC 478-121-510, 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.

This may include, but is not limited to, releasing to the alleged victim of a crime of violence or a non-forcible sex offense the final results of the conduct proceeding conducted by the University involving the student who is alleged to have engaged in that crime or offense.

18.  University Resources

For all University resources related to this policy please refer to the University of Washington Student Conduct website.

S-B 186, May 19, 2017 [effective August 18, 2017] with Presidential approval; RC, October 17, 2017.