Students have the responsibility to read and be familiar with the standards of conduct, to abide by them, and to understand that violations of these standards, if the student is found responsible, will result in educational sanctions and/or remedies for cases in which executive policy 15 is implicated. The dean of students or designee is the person designated by the university president to be responsible for the administration of the standards of conduct.

Washington State University has a long-standing commitment to providing students with a holistic learning experience both in and out of the classroom. Students are expected to uphold and be accountable to our standards of conduct to foster a safe, healthy, and inclusive campus community. The basic philosophy behind the standards of conduct and processes is one of education, centered on student learning through personal development and accountability. Therefore, the student conduct process is designed to support students, guide and correct behaviors, challenge students to make better choices, protect the rights of all students, and support a safe environment for students, the university, and the community at large.

The university strives to provide a fair process for every student without bias or favor regardless of socioeconomic status, personal or social connections, sex (((including sex stereotypes, sex characteristics, pregnancy or related conditions)), sexual orientation, ((and)) gender identity(())), race, religion, age, color, creed, national or ethnic origin, marital status, genetic information, status as an honorably discharged or protected veteran or member of the military, physical, mental, or sensory disability, including the use of a trained service animal, or immigration or citizenship status, except as authorized by federal or state law, regulation, or government contract. It also has responsibility to inform and educate the university community, parents, and the public at large on these standards, uphold them, and exercise the authority to take educational and/or disciplinary action accordingly.

Words and phrases used in the standards of conduct regardless of their associated gender identity include all genders. Words and phrases used in the standards of conduct in the singular or plural encompass both the singular and the plural, unless the context clearly indicates otherwise. For purposes of the standards of conduct, the following definitions apply:

(1) Academic integrity hearing board. Teaching faculty and student representatives who are authorized by the university to review an instructor's decision that a student violated university academic integrity policies and whether or not the academic sanction assigned by the instructor is in keeping with the instructor's published policies.

(2) Appeals board. The group of students, faculty, and staff, collectively, authorized in accordance with WAC 504-26-115 to consider appeals from a decision maker's determination as to whether a student or registered student organization has violated the standards of conduct and any sanctions and/or remedies assigned.

(3) Brief adjudication.

(a) The process by which a conduct officer or conduct board may adjudicate student conduct matters. Brief adjudication is not permissible for matters that:

(i) Would constitute ((sex discrimination or sex-based))Title IX sexual harassment as defined in the university's executive policy 15 (EP15); or

(ii) Where possible sanctions include expulsion, loss of recognition, or revocation of degree.

(b) Also referred to as a "conduct officer hearing," "conduct board hearing," or "brief adjudicative proceeding."

(4) CCR. The university's office of compliance and civil rights.

(5) CCS. The university's center for community standards.

(6) Community standards boards. University conduct board, university appeals board, academic integrity hearing board, or any other panel of individuals empowered to make community standards decisions on behalf of the university.

(7) Complainant. Any person who is the alleged victim of prohibited student conduct, whether or not such person has made an actual complaint.

(8) Conduct board. The group or individual authorized in accordance with WAC 504-26-110 to adjudicate certain student conduct matters.

(9) Conduct hearing. The process in which a decision is made regarding a student or registered student organization's responsibility for alleged behavior and assignment of applicable sanctions and/or remedies, where appropriate. (Remedies may be considered for matters implicating executive policy 15 part 15.B.) Conduct hearings include brief adjudications and full adjudications. Also referred to as "student conduct hearing" or "student conduct proceeding."

(10) Conduct officer. A university official authorized by the dean of students or their designee to initiate, manage, and/or adjudicate certain student conduct matters in accordance with WAC 504-26-401 and 504-26-402.

(11) Executive policy 15. The university's policy prohibiting discrimination and harassment. Also referred to as "EP15."

(12) Faculty member. For purposes of this chapter, any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.

(13) Full adjudication.

(a) The process for adjudicating matters involving:

(i) ((Sex discrimination or sex-based))Title IX sexual harassment, or retaliation stemming from those as underlying complaint, as defined in EP15; and

(ii) Possible sanction including expulsion, loss of recognition, revocation of degree, or otherwise utilized at the discretion of the CCS when deemed appropriate, in accordance with WAC 504-26-401(4).

(b) Also referred to as "formal adjudication," "formal adjudicative proceeding," or "full adjudicative proceeding."

(c) In a full adjudication, the presiding officer is also the decision maker.

(14) Gender identity. Having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to the person at birth.

(15) Member of the university community. Includes any person who is a student, faculty member, university official, any person employed by the university, or any person with a relationship with the university, including guests of and visitors to the university. A person's status in a particular situation is determined by the dean of students or designee.

(16) Parties. The parties to a conduct hearing must include the university and the respondent. Where the conduct hearing includes allegations that constitute violations of EP15 or allegations of Title IX sexual harassment, the parties may include the university, the respondent, and the complainant. The university may designate other complainants as parties to conduct proceedings including, but not limited to, harmed parties. The dean of students or their designee determines party status.

(17) Registered student organization. A group of students, collectively, that has complied with the formal requirements for university recognition.

(18) Respondent. A student or registered student organization alleged to have violated these standards of conduct.

(19) Staff. Individuals employed by the university of any rank or classification who are not considered faculty members as defined in subsection (12) of this section.

(20) Standards of conduct. The standards of conduct for students outlined in this chapter.

(21) Student. For the purposes of this chapter, any person who:

(a) Is enrolled in at least one undergraduate, graduate, or professional studies course at the university;

(b) Has been notified of their acceptance for admission but has not yet registered for their course(s);

(c) Is eligible to reenroll in classes without reapplying.

(22) Title IX. Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 and its implementing 34 C.F.R. Part 106.

(23) University. Washington State University.

(24) University official. Any person employed by the university, performing assigned administrative or professional responsibilities.

(25) University premises. All land, buildings, facilities, vehicles, websites, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks), including its study abroad program sites, as well as university-sponsored or hosted online platforms.

(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.

The university has sole discretion to make this determination. In making this determination, the conduct officer considers whether the alleged conduct:

(a) Requires the university to exercise jurisdiction under law or as required by federal or state agencies or policies including, but not limited to, allegations of Title IX sexual harassment;

(b) Negatively impacted the reputation of the university or its students;

(c) Occurred on the property of registered student organizations;

(d) Caused physical, mental, or emotional harm to another; or

(e) Was recognized by onlookers, complainants, or witnesses as being carried out by a student or registered student organization.

(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 conferral 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 during that time frame, even if the student withdraws from school, takes a leave of absence, or graduates.

(5) Group accountability. Registered student organizations that violate university policies and the standards of conduct are subject to sanctions. A 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 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 conduct hearing pending any criminal or civil proceeding, nor must the disposition of any such criminal or civil proceeding control the outcome of any conduct hearing. Respondents may choose to remain silent during conduct proceedings, in accordance with WAC 504-26-045.

(1) Advisors. Any party may have an advisor of their choice, provided that person agrees to serve as an advisor, to be present during all stages of a conduct process. A list of university employees who are trained advisors is provided upon a party's request. University advisors can provide support at no cost to the party. Advisors may assist any party engaged in the conduct process and attend meetings and hearings. Advisors may not be witnesses to the alleged behavior. Advisors may not be employed in CCS.

(2) Advisors in conduct hearings. During any conduct meeting, brief adjudicative hearing, or full adjudicative hearing, breaks may be taken, within reason, to allow a party to consult with their advisor. However, advisors are not permitted to speak on behalf of parties, except that in full adjudicative proceedings, advisors are permitted to ((direct questions for witnesses to the presiding officer))directly question witnesses and engage in cross-examination.

(3) Representatives. A party may choose to be represented during a full adjudication, at their own expense. Only persons currently admitted to practice law, including licensed legal interns, are permitted to act as representatives. Representatives are not permitted in brief adjudications; however, persons currently admitted to practice law may participate as advisors in brief adjudications.

(4) As a condition of participation in the conduct process, CCS may require advisors and representatives to sign a statement agreeing to comply with legal requirements and university rules including, but not limited to, requirements related to confidentiality of student information.

(5) Questions regarding logistical and administrative issues are to be directed to the conduct officer, community standards board chair, or presiding officer, as applicable, who may impose reasonable conditions upon participation of advisors and representatives.

(1) Unwelcome, intentional conduct on the basis of sex (other than Title IX sexual harassment); sexual orientation; gender identity; race; religion; age; color; creed; national or ethnic origin; marital status; genetic information; status as an honorably discharged veteran, protected veteran, or member of the military; physical, mental, or sensory disability (including disability requiring the use of a trained service animal); or immigration or citizenship status, except as authorized by federal or state law, regulation, or government contract, which is so severe or pervasive, and objectively offensive, that it substantially and unreasonably:

(a) Interferes with, or has the potential to interfere with, an individual's ability to participate in university employment, education, programs, or activities;

(b) Adversely alters the condition of an individual's university employment, education, or participation status;

(c) Creates an objectively abusive employment, program, or educational environment; or

(d) Results in a material or substantial disruption of the university's operations or the rights of students, staff, faculty, visitors, or program participants.

(2) In determining if conduct is harassing, the totality of the circumstances are assessed including, but not limited to, the following factors:

(a) Severity;

(b) Frequency of the discrimination;

(c) Status of the complainant and respondent parties and their relationship to each other;

(d) Physicality, threats, or endangerment; and

(e) Whether or not the conduct could be reasonably considered protected speech or serving some other lawful purpose.

((Unwelcome, sex-based conduct (including conduct based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity/expression) that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that:

(2) Enduring the offensive conduct becomes a condition of continued employment.))Conduct on the basis of sex that satisfies one or more of the following:

(1) Complaints. Any member of the university community may submit a complaint that a student or registered student organization violated the standards of conduct. In matters that would constitute a violation of EP15, the complaint must be submitted to CCR or initiated by CCR pursuant to EP15. In addition, CCS may initiate conduct proceedings when it receives any direct or indirect report of conduct that may violate the standards of conduct.

(2) Decision not to refer the matter to a hearing. Except as provided below, if the conduct officer decides not to refer the matter to a hearing, the conduct officer must notify the reporting party in writing of the decision, the reasons for the decision, and how to seek review of the decision. Conduct matters may be reopened if new relevant information becomes known. A conduct officer cannot dismiss a matter received from CCR where CCR completed an investigation implicating ((EP15))Title IX. In such cases, the matter must be referred to a conduct hearing, which must be held within 60 days of the date the CCR investigation is completed, unless good cause exists to extend the date of the hearing or the matter is resolved through agreement or alternative dispute resolution.

(3) Agreement and alternative dispute resolution. A conduct officer may resolve a matter by agreement. Agreements may be reached directly or through alternative dispute resolution including, but not limited to, shuttle diplomacy or mediation. Parties involved in matters implicating EP15 also may participate in an informal resolution process outlined in EP15 and the CCR procedural guidelines at any time prior to a determination of responsibility. When resolution of a matter is reached by agreement or alternative dispute resolution, the agreement must be in writing and signed by the parties and the conduct officer. In the agreement, the parties must be advised in writing that:

(a) The disposition is final and they are waiving any right to a hearing on the matter, including any right to appeal; and

(b) If any party decides not to sign the agreement, and the matter proceeds to a hearing, neither the agreement nor a party's refusal to sign will be used against either party at the hearing.

(4) Referral for adjudication. Except as provided in subsection (2) of this section, if CCS determines that a conduct hearing is warranted, and the matter is not resolved through agreement or alternative dispute resolution, the matter is handled through either a brief adjudication in accordance with WAC 504-26-402 or a full adjudicative proceeding in accordance with WAC 504-26-403. In determining which process is appropriate, CCS considers factors including, but not limited to, the nature and severity of the allegations, the respondent's past contacts with CCS, and the range of possible sanctions that would be appropriate given the alleged conduct((, and whether the alleged conduct constitutes sex discrimination or sex-based harassment)). A student may request a full adjudicative proceeding, but the final decision regarding whether to refer the matter to a full adjudicative proceeding for resolution is made by CCS and is not subject to appeal.

(1) Adoption of model rules of procedure. Full adjudications are governed by the Administrative Procedure Act, RCW 34.05.413 through 34.05.476, and chapter 10-08 WAC, Model rules of procedure, except as otherwise provided in this chapter. In the event of a conflict between the rules in this chapter and the model rules, this chapter governs.

(2) Notice of hearing. Notice to the parties of a full adjudicative proceeding must comply with model rule WAC 10-08-040 and standards of conduct rule WAC 504-26-035. In addition, information regarding the student conduct process and student rights, as required by WAC 504-26-401 must be provided.

(3) Time for hearings. The full adjudicative proceeding is scheduled no less than seven calendar days after the parties have been sent notice of the hearing.

In accordance with WAC 10-08-090, requests to extend the time and/or date for hearing must be addressed to the presiding officer. A request for an extension of time is granted only upon a showing of good cause.

(4) Subpoenas. Subpoenas may be issued and enforced in accordance with model rule WAC 10-08-120. In determining whether to issue, quash, or modify a subpoena, the presiding officer must give due consideration to state and federal legal requirements including, but not limited to, Title IX, its implementing regulations, and guidance issued by the federal Office for Civil Rights. The party requesting the subpoena has the burden of showing that a subpoena is necessary for full disclosure of all the relevant facts and issues.

(5) Discovery. Depositions and interrogatories are not permitted in adjudications of student conduct matters. Other forms of discovery may be permitted at the discretion of the presiding officer; however, discovery should be limited to help ensure the prompt completion of the adjudication process.

(6) Direct questioning and cross-examination. As required by RCW 34.05.449, direct and cross-examination of witnesses is permitted to the extent necessary for full disclosure of all relevant facts and issues.

(a) ((For hearings involving allegations where EP15 is implicated, parties and/or their advisors or representatives may submit))Direct questioning and cross-examination ((questions to the presiding officer who asks relevant, permissible, clear, and nonharassing questions))is conducted by the party or the party's advisor or representative in a respectful manner. Prior to asking or allowing any direct and cross-examination question, the presiding officer must first determine whether the question is relevant, permissible, clear, not repetitive and ((nonharassing))not harassing. If a presiding officer excludes a question, the presiding officer must explain the rationale for exclusion and provide the party and/or advisor an opportunity to clarify or revise their question.

(b) ((For hearings involving allegations where EP15 is not implicated, cross-examination is conducted orally through the party's advisor or representative. If a party does not have an advisor or representative, an advisor is provided by the university free of charge to conduct cross-examination on that party's behalf. Advisors and representatives are required to engage in cross-examination questioning in a respectful manner. In no circumstance may the complainant or respondent be permitted to cross-examine each other directly. Before any witness or party may answer a cross-examination question, the presiding officer must first determine whether the question is relevant. The presiding officer must instruct parties or witnesses not to answer cross-examination questions that are irrelevant, immaterial, or unduly repetitious))At no point may a party personally cross-examine the other party when the other party is testifying as a witness or directly cross-examine other witnesses in a full-adjudicative hearing involving allegations of Title IX sexual harassment. If necessary, the university provides an advisor to the parties for the purposes of direct questioning and cross-examination in full adjudicative hearings involving allegations of Title IX sexual harassment.

(7) Decision requirements. Decisions regarding responsibility and sanctions are made by the presiding officer.

(8) Notice of decision and right to appeal. Within 10 calendar days of the completion of the hearing, the presiding officer must issue the initial order simultaneously to all parties, unless the presiding officer notifies the parties in writing that additional time (up to 30 calendar days) is needed. The initial order of the university must contain the following:

(a) Description of the allegations that initiated the community standards process;

(b) Description of procedural steps taken from the receipt of the formal complaint up to and including the outcome of the full adjudicative proceeding;

(c) Appropriately numbered findings of fact ((and)), conclusions, and rationale for each result;

(d) The sanction(s) and/or remedy(ies) to be assigned, if any, and the rationale for the sanction(s) and/or remedy(ies);

(e) Information regarding the parties' right to appeal according to WAC 504-26-420, including the time frame for seeking review; and

(f) Notice that the initial order becomes final unless an appeal is filed within 20 calendar days of the date the initial order is sent to the parties.