Wash. Admin. Code § 504-26-425 - Sanctions
(1) Publication of guidelines for
sanctioning. Sanctioning guidelines and other information regarding sanctioning
must be published on the university website. Guidelines must explain in plain
language the types of sanctions that a respondent may face for a particular
violation and the factors that are used to determine the sanction(s) assigned
for a particular violation.
(2)
Factors for sanctioning must include, but not be limited to, the following:
(a) Conduct record. Any record of past
violations of the standards of conduct, and the nature and severity of such
past violations;
(b) Malicious
intent. If a respondent is found to have intentionally selected a victim based
upon the respondent's perception of the victim's race, color, religion,
national or ethnic origin, age, sex/gender, marital status, status as an
honorably discharged veteran or member of the military, sexual orientation,
genetic information, gender identity/expression, or mental, physical, or
sensory disability (including disability requiring the use of a trained service
animal), such finding is considered an aggravating factor in determining a
sanction for such conduct;
(c)
Impact on victim and/or university community;
(d) Applicable local, state, or federal laws
that define sanctioning.
(3) Effective date of sanctions. Except as
provided in WAC 504-26-420(2), sanctions are implemented when a final order
becomes effective. If no appeal is filed, an initial order becomes a final
order on the day after the period for requesting review has expired. (See WAC
504-26-420.)
(4) Types of
sanctions. The following sanctions may be assigned to any respondent found to
have violated the standards of conduct. More than one of the sanctions listed
below may be assigned for any single violation:
(a) Warning. A notice in writing to the
respondent that the respondent is violating or has violated the standards of
conduct.
(b) Probation. Formal
action placing conditions upon the respondent's continued attendance,
recognition, or registration at the university. Probation is for a designated
period of time and warns the respondent that suspension, expulsion, loss of
recognition, or any other sanction outlined in this section may be assigned if
the respondent is found to have violated the standards of conduct or any
institutional regulation(s) or fails to complete any conditions of probation
during the probationary period. A respondent on probation is not eligible to
run for or hold an office in any recognized or registered student group or
organization; they are not eligible for certain jobs on campus including, but
not limited to, resident advisor or orientation counselor; and they are not
eligible to serve on the university conduct or appeals board.
(c) Loss of privileges. Denial of specified
privileges for a designated period of time.
(d) Restitution. Compensation for loss,
damage, or injury. This may take the form of appropriate service and/or
monetary or material replacement.
(e) Education. Requirement to successfully
complete an educational project designed to create an awareness of the
respondent's misconduct.
(f)
Community service. Assignment of service hours (not to exceed 80 hours per
respondent or per member of a recognized or registered student
organization).
(g) University
housing suspension. Separation of the respondent from a residence hall or halls
for a definite period of time, after which the respondent may be eligible to
return. Conditions for readmission may be specified.
(h) University housing expulsion. Permanent
separation of the respondent from a residence hall or halls.
(i) University suspension. Separation of the
respondent from the university for a definite period of time. The respondent
may be required to request readmission after completing a suspension per other
university policy.
(j) University
expulsion. Permanent separation of the respondent from the university. Also
referred to as university dismissal. The terms are used interchangeably
throughout this chapter.
(k)
Revocation of admission and/or degree. Admission to or a degree awarded from
the university may be revoked for fraud, misrepresentation, or other violation
of law or standard of conduct in obtaining the degree or admission, or for
other serious violations committed by a respondent before awarding of the
degree.
(l) Withholding degree. The
university may withhold awarding a degree otherwise earned until the completion
of the process set forth in these standards of conduct, including the
completion of all sanctions assigned, if any.
(m) Trespass. A respondent may be restricted
from any or all university premises based on their misconduct.
(n) Loss of recognition. A recognized or
registered student organization's recognition (or ability to register) may be
withheld permanently or for a specific period of time. Loss of recognition is
defined as withholding university services, privileges, or administrative
approval from a recognized or registered student organization. Services,
privileges, and approval to be withdrawn include, but are not limited to,
intramural sports (although individual members may participate), information
technology services, university facility use and rental, student involvement
office organizational activities, and their liaison relationship with the
center for fraternity and sorority life.
(o) Hold on transcript and/or registration. A
hold restricts release of a respondent's transcript or access to registration
until satisfactory completion of conditions or sanctions assigned by a conduct
officer or university conduct board. Upon proof of satisfactory completion of
the conditions or sanctions, the hold is released.
(p) No contact directive. A prohibition of
direct or indirect physical, verbal, and/or written contact with another
individual or group.
(q) Fines.
Previously established and published fines may be assigned. Fines are
established each year prior to the beginning of the academic year and are
approved by the vice president for student affairs.
(r) Additional sanctions for hazing. In
addition to other sanctions, a respondent who is found responsible for hazing
forfeits any entitlement to state-funded grants, scholarships, or awards for a
specified period of time, in accordance with RCW 28B.10.902. Any recognized or
registered student organization that is found responsible for hazing must lose
recognition for a specified period of time.
(s) Remedies. Sanctions designed to restore
or preserve a complainant's equal access to the university's educational
programs or activities.
Notes
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