WAC 172-121-080   Administration and records.  (1) Student conduct code.

     (a) Interpretation: Any question regarding the interpretation or application of this student conduct code are referred to the vice-president for student affairs for final determination.

     (b) Review: This student conduct code shall be reviewed every three years under the direction of the vice-president for student affairs.

     (2) Records of conduct review proceedings.

     (a) Records of conduct review proceedings under this chapter shall be prepared by the conduct review official(s) involved and maintained by the director of OSRR. As much as possible, records should include:

     (i) A summary of the proceedings during a preliminary conference;

     (ii) A written record of the statements made during a conduct review hearing;

     (iii) All letters, statements, memoranda, decisions, orders, notices, and other documents related to conduct review proceedings; and

     (iv) Any images, articles, recordings, or other materials presented as evidence in a conduct review proceeding.

     (b) The director of OSRR shall keep records of conduct review proceedings for seven years.

     (c) Records of conduct review proceedings are the property of the university and are confidential to the extent provided in applicable law.

     (d) Prior to the final disposition of a case, the accused may review the records relative to their case. The accused shall request to review the case records by contacting the conduct review officer. The conduct review officer shall make every reasonable effort to support the accused's request.

     (3) Student disciplinary records.

     (a) Student disciplinary records are confidential and shall be treated consistently with the requirements of the Family Educational Rights and Privacy Act (FERPA) and applicable law. Disciplinary records shall be maintained in accordance with the university's records retention schedule.

     (b) Release of student disciplinary records. The university may not communicate a student's disciplinary record to any person or agency outside the university without the prior written consent of the student, except as required or permitted by law. Exceptions include but are not limited to:

     (i) The student's parents or legal guardians may review these records as permitted by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

     (ii) Release to another educational institution, upon request, where the student seeks or intends to enroll, as allowed by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

     (iii) The university may inform the complainant of the outcome of any disciplinary proceeding involving a crime of violence as defined by FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99).

     (iv) The university will, upon written request, disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of Title 18, United States Code), or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by the university against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this subsection (3)(b)(iv). Such disclosure will be subject to the provisions of 20 U.S.C. 1094.

     (v) Disciplinary records will be made available to hearing councils and university personnel as needed for legitimate educational purposes.

     (vi) A student may authorize release of his or her own disciplinary record to a third party in compliance with FERPA (20 U.S.C. Sec. 1232g; 34 CFR Part 99) by providing a written consent to the office of student rights and responsibilities.

     (vii) Any student may review his/her own disciplinary records by contacting the office of student rights and responsibilities.

     (viii) A student may obtain a copy of his or her disciplinary record by making a written request to the office of student rights and responsibilities. The office of student rights and responsibilities may charge the student a reasonable amount to cover copying expenses.

     (ix) The university may disclose to a student's parents a violation of any federal, state, or local law, or of any university policy or rules regarding use or possession of alcohol or a controlled substance so long as the student is under the age of twenty-one at the time of the disclosure to the parent.

     (c) When disciplinary records are released, personally identifiable information may be redacted to protect the privacy of others as permitted by applicable law.

     (4) Holds:

     (a) Types of holds. Holds placed on a student's academic records may prevent admission, registration, graduation, or other academic activities. Holds may also restrict access to transcripts, grades, or other academic records.

     (b) Discretionary holds: The conduct review officer may place a hold on a student's academic records in either of the following situations:

     (i) Pending the student's satisfactory completion of any sanctions imposed by a conduct review hearing; or

     (ii) If the student fails to respond to any properly delivered notice from the conduct review officer.

     (c) Required holds: The conduct review officer shall place a hold on a student's academic record if the student is accused of violating the conduct code and has withdrawn from the university, or if the student withdraws from the university after a complaint is filed against the student.

     (i) In such cases, the student shall be notified that disciplinary action may be initiated when the student reenters or applies for readmission.

     (ii) Holds of this type may not be implemented in cases where the university proceeds with a conduct review hearing or other disciplinary action under this chapter.



[Statutory Authority: RCW 28B.35.120(12). 09-12-001, § 172-121-080, filed 5/20/09, effective 6/20/09.]