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WAC 504-26-015

Jurisdiction and applicabilityRelationship to other proceedings.

(1) General. The standards of conduct apply to conduct that occurs on university premises or in connection with university sponsored activities, including transit to or from the activity.
(2) Off-campus conduct. In addition to subsection (1) of this section, the standards of conduct may apply to conduct that occurs off university premises and not in connection with university-sponsored activities, if the conduct adversely affects the health and/or safety of the university community or the pursuit of the university's vision, mission, or values.
(a) The university has sole discretion to make this determination. In making this determination, the conduct officer considers whether the alleged conduct:
(i) Requires the university to exercise jurisdiction under law or as required by federal or state agencies;
(ii) Negatively impacted the reputation of the university or its students;
(iii) Occurred on the property of recognized or registered student organizations;
(iv) Caused physical, mental, or emotional harm to another; or
(v) Was recognized by onlookers, complainants, or witnesses as being carried out by a student or recognized or registered student organization.
(b) When the university chooses to exercise jurisdiction for off-campus conduct not in connection with a university-sponsored activity, the parties must be notified in writing of the decision and the reasons for the decision, and their right to challenge the decision to the vice president for student affairs or designee. Challenges to jurisdiction must be in writing and filed within five calendar days from the date the notice is sent. In cases implicating Washington State University's executive policy 15, which prohibits discrimination, sexual harassment, and sexual misconduct, the vice president for student affairs or designee must consult with the university's Title IX coordinator.
(3) Online conduct - Electronic communications. These standards of conduct may be applied to behavior conducted online, via electronic mail, text message, or other electronic means.
(4) Time frame for applicability. Each student is responsible and accountable for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards apply to a student's conduct even if the student withdraws from school, takes a leave of absence, or graduates.
(5) Group accountability. Recognized or registered student organizations that violate university policies and the standards of conduct are subject to sanctions. A recognized or registered student organization may be held accountable for the behavior of its officers, members, or guests when the university demonstrates that:
(a) The organization or its officers should have foreseen that behavior constituting a violation was likely to occur, yet failed to take reasonable precautions against such behavior;
(b) A policy or practice of the organization was responsible for a violation; or
(c) The behavior constituting a violation was committed by, condoned by, or involved a significant number of organization officers, members, or guests.
(6) International and national study programs. Students who participate in any university-sponsored or sanctioned international or national study program must observe the following rules and regulations:
(a) The laws of the host country and/or state;
(b) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying;
(c) Any other agreements related to the student's study program; and
(d) These standards of conduct.
(7) Academic and professional standards. Nothing in these standards of conduct is to be construed as limiting academic action that may be taken by a program or other academic unit against a respondent who, based on an established violation of these standards or otherwise, demonstrates a failure to meet the academic and/or professional standards of the program.
(8) Relationship between student conduct process and other legal processes. The university is not required to stay a student conduct proceeding pending any criminal or civil proceeding, nor must the disposition of any such criminal or civil proceeding control the outcome of any student conduct proceeding. Respondents may choose to remain silent during conduct proceedings, in accordance with WAC 504-26-045.
[Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-26-015, filed 11/19/18, effective 12/20/18.]
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