Public hearing Nov. 15 to cover proposed changes to WWU student conduct code

Western Washington University is proposing amendments to its Washington Administrative Code rules related to its student conduct code. A public hearing will be held at 1:30 p.m. on Tuesday, Nov. 15, in Old Main Room 340 on the WWU campus.

As part of a comprehensive review of Western’s student conduct code, the university proposes to repeal current Chapter 516-23 WAC, Student Rights and Responsibilities Code, and adopt an updated code in a new WAC chapter. The newly drafted Chapter 516-21 WAC has been filed with the Code Reviser’s Office and published in the Washington State Register. The updated rules clarify student responsibilities for complying with the code and clarifies proceedings for violations of the code. The updated rules also address recent changes to federal laws concerning issues of harassment and bullying and sexual violence.

Public comment will be heard at the time of the hearing, and written comments may be submitted through Nov. 14 to Suzanne Baker at WWU via mail to 516 High Street, Bellingham, WA 98225-9015; via e-mail suzanne.baker@wwu.edu; or via fax to (360) 650-6197.

For more information or to request disability accommodations, contact Baker at (360) 650-3117.

Proposed changes to the code are fairly extensive. They include:

• Clearly spelling out expectations in the introduction (formerly the preamble) and clarifying that all students are responsible for understanding and complying with the code.
• Shifting from the use of “judicial” and “disciplinary” to “conduct” and clarifying that the conduct process is designed both to be a learning process and to promote students’ understanding of their responsibilities as members of the university community.
• Adding a number of terms – including “business day,” “conduct hold,” “guest,” “member of the university community,” and “preponderance of evidence” – to the definitions section and clarifying who is considered to be a “student” under the code.
• Clearly spelling out when the university reserves the right to take action on conduct that occurs off campus, and clarifying that students are responsible for their conduct from the time they have confirmed their enrollment at Western through the awarding of their degree.
• Eliminating the section on “principles and violations of the code” and moving “proceedings for violations of the code” and “student responsibility for guests” to the front of the code.
• Clearly spelling out, in “proceedings for violations of the code,” that written notice of the charge(s) will be delivered via email to the students’ official @students.wwu.edu account.
• Clearly spelling out the rights of students accused of violating code and of students who’ve filed a complaint or are the victim on an alleged violation of the code (including four rights specific to victims of incidents involving violence or sexual violence).
• Reordering code violations so they appear in alphabetical order and removing two violations that are redundant – “freedom of expression” (now covered by “disruptive behavior”) and “violence” (now covered by “conduct that threatens health or safety”).
• Adding three new violations – “conduct that threatens health or safety,” “fire safety and false alarms,” and “trespassing” (to bring our code more in line with others).
• Providing specific examples of “harassment,” “hazing,” “misuse of computers, electronic data, or communication systems” and “weapons and destructive devices,” and clarifying the definitions of “sexual misconduct” and “consent for sexual activity.”
• Changing “disciplinary probation” to “conditional status,” redefining most sanctions and adding “parental notification” to the list (for students under the age of 21 found responsible for violations involving alcohol and/or drugs).
• Clearly spelling out the procedures for “immediate interim suspension” and clarifying when an immediate interim suspension may be imposed.
• Changing “basis for appeal” to “basis for review” and clarifying the right of victims of incidents involving violence or sexual violence to request a review.
• Clearly spelling out the relationship of the code to University Residences and clarifying when cases will be referred to Student Conduct or co-adjudicated by both areas.