WAC 106-120-131   Initiation, investigation, and disposition of complaints.  (1) Philosophy.

     The problem-solving team deals with student behaviors which constitute violations of this code. The problem-solving team meets weekly to review residence hall incident reports filed by resident assistants and building managers, as well as police reports which deal with both on- and off-campus students.

     The problem-solving team works together to suggest intervention strategies which are considered to be most appropriate and effective for eliminating specific negative student behaviors. The problem-solving team is chaired by the assistant to the vice-president for student affairs and includes representatives from public safety and police services, university housing and new student programs, the center for student empowerment, counseling services, international studies and programs, and the wildcat wellness center.

     (2) Process.

     Incidents that come to the attention of the problem-solving team may be addressed in one of the following ways:

     (a) No action;

     (b) Informal meetings with relevant university officials;

     (c) Referral to the residence hall arbitration council, for resolving certain disputes within the residence halls;

     (d) Initiate proceedings in the office of the vice-president for student affairs and enrollment management.

     Official proceedings in the vice-president's office are conducted when it becomes apparent to the problem-solving team that the initial and more informal forms of intervention with a student have been unsuccessful in positively modifying a student's behavior.

     (3) Investigation and disposition of complaints. The following rules will govern the processing of alleged violations of the proscribed conduct listed in the student conduct code with one exception. Allegations of discrimination, based on race, color, creed, religion, national origin, sex (including sexual harassment), sexual orientation, gender identity and gender expression, age, marital status, disability, or status as a protected veteran will utilize a separate process in order to provide both parties their rights under the law and in accordance with Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Copies of the discrimination grievance process are available in the office of the vice-president for student affairs and enrollment management.

     (a) A complaint alleging misconduct related to this student conduct code may be filed by anyone and reported to the office of the vice-president for student affairs and enrollment management. The report should be in standardized written form. Students, faculty members, administrators, and other employees of the university shall have concurrent authority to request the commencement of the disciplinary proceedings provided for in this chapter. A person filing a complaint shall be complainant of record and should file the complaint as soon as possible or within twenty working days.

     (b) Any student charged in a complaint shall receive written notification from the vice-president. Such notice shall:

     (i) Inform the student that a complaint has been filed alleging that the student violated specific provisions of the student conduct code and the date of the violation(s);

     (ii) Set forth those provisions allegedly violated;

     (iii) Specify a time and date the student is required to meet with the vice-president or designee; and

     (iv) Inform the student that failure to appear at the appointed time at the vice-president's office may subject the student to suspension from the university.

     (4) When the vice-president meets with the student, the vice-president shall:

     (a) Provide for the student a copy of the student conduct code;

     (b) Review the facts of the alleged violation with the student; and

     (c) Conduct an investigation into the alleged violation.

     (5) Upon completion of the review with the student and/or the investigation, the vice-president may:

     (a) Drop the charges, when they appear to be invalid or without substance or capricious;

     (b) Issue a verbal warning;

     (c) Apply any of the sanctions as outlined in WAC 106-120-028 if such sanction is warranted by the evidence;

     (d) Refer the case to the student conduct council; or

     (e) Invoke the summary suspension procedure as outlined in WAC 106-120-143 when deemed appropriate.

     (6) The vice-president shall inform the student that only suspension and expulsion sanctions may be appealed to the student conduct council, and that if an appeal is made, the vice-president shall take no action or make any determination, except for summary suspension, in the matter other than to inform the student of the time, date, and location of the proceeding by the student conduct council.



[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 08-20-053, § 106-120-131, filed 9/24/08, effective 10/25/08; 07-01-065, § 106-120-131, filed 12/18/06, effective 1/18/07; 94-21-048 (Order CWU AO 75), § 106-120-131, filed 10/12/94, effective 11/12/94. Statutory Authority: Chapter 34.05 RCW and RCW 28B.35.120(11). 91-04-054, § 106-120-131, filed 2/4/91, effective 3/7/91. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 85-07-032 (Order 58), § 106-120-131, filed 3/15/85.]