Current through Register Vol. 24-18, September 15, 2024
Alleged violations of the code will be resolved through the
student conduct process, respecting fairness and due process for all involved
parties.
(1) A student accused of
violating the code, known as the respondent, has certain rights in the conduct
process. These include the right to:
(a)
Receive prior written notice to attend meetings with a conduct officer or
hearings with an appeals board delivered via e-mail to the student's official
university e-mail account;
(b)
Provide evidence on their own behalf, including the names or written statements
of individuals who can offer information regarding the incident in
question;
(c) Be accompanied
through the conduct process by an advisor of their choice and at their own
expense. A respondent should select as an advisor a person who is not involved
in the same complaint and whose schedule allows attendance at the scheduled
date and time for the scheduled meeting or hearing. The scheduling conflicts of
an advisor are not considered good cause for a delay;
(d) Remain silent or decline to respond to
any ques-tion(s) during any conduct meeting or hearing;
(e) Review information relied upon by the
conduct officer or appeals board in making a determination;
(f) Receive written notification of the
findings, decision, and basis for each, delivered via e-mail to the student's
official university e-mail account, within seven business days of the date of
the final meeting with a conduct officer, or ten business days of the date of a
hearing with an appeals board;
(g)
Request an appeal of a decision by a conduct officer, as described in WAC
516-21-280 Basis for
appeal;
(h) Request a review of an
appeal, as described in WAC
516-21-280 Basis for appeal;
and
(i) Waive any of the rights
contained in this section.
(2) An individual who has filed a complaint
alleging violence or sexual violence, including sexual assault, dating
violence, domestic violence, and stalking or any other type of sexual
misconduct or gender-based discrimination, known as the complainant, has
certain rights in the conduct process. These include the right to:
(a) Receive prior written notice to attend
meetings with a conduct officer or hearings with an appeals board delivered via
e-mail to the student's official university e-mail account;
(b) Provide evidence on their own behalf,
including the names or written statements of individuals who can offer
information regarding the incident in question;
(c) Be accompanied through the conduct
process by an advisor of their choice and at their own expense. A complainant
should select as an advisor a person who is not involved in the complaint and
whose schedule allows attendance at the scheduled date and time for the
scheduled meeting or hearing. The scheduling conflicts of an advisor are not
considered good cause for a delay;
(d) Remain silent or decline to respond to
any ques-tion(s) during the conduct meeting;
(e) Review information relied upon by the
conduct officer or appeals board in making a determination;
(f) Receive written notification of the
findings, decision and basis for each, delivered via e-mail to the
complainant's official university e-mail account, within seven business days of
the date of the respondent's final meeting with a conduct officer or ten
business days of the date of a hearing with an appeals board;
(g) Request an appeal of a decision by a
conduct officer, as described in WAC
516-21-280 Basis for
appeal;
(h) Request a review of an
appeal, as described in WAC
516-21-280 Basis for appeal;
and
(i) Waive any of the rights
contained in this section.
(3) For incidents involving sexual violence,
including sexual assault, dating violence, domestic violence, and stalking or
any other type of sexual misconduct or gender-based discrimination,
complainants shall have the following additional rights:
(a) To be notified of the availability of
counseling, academic support, and general assistance and support resources,
both on campus and in the surrounding community;
(b) Have past behavior unrelated to the
alleged behavior excluded; the conduct officer, appeals board chair, or dean of
students will make a final determination regarding such behavior if in
question;
(c) To be free from
questioning about their sexual history involving anyone other than the
respondent;
(d) Submit an oral or
written impact statement to the conduct officer, and/or appeals board, and/or
dean of students (if applicable), for consideration;
(e) To request an administrative no contact
order against the respondent(s) during the conduct process;
(f) To have alternative accommodations to
avoid being in the physical presence of the respondent during the conduct
process; and
(g) Be free of any
form of retaliation. Complainants should report any retaliation that occurs for
further action. See POL-U1600.02 Ensuring Equal Opportunity and
Prohibiting Discrimination and Retaliation.
Statutory Authority:
RCW
28B.35.120(12) and 20 U.S.C. 1681-1688 (Title IX Education Amendments of 1972). 12-01-021, §
516-21-250, filed 12/9/11, effective
1/9/12.
