WAC 172-121-200   Violations.  The following are defined as offenses which are subject to disciplinary action by the university.

     (1) Acts of academic dishonesty. University policy regarding academic dishonesty is governed by the university academic integrity policy. However, repeated violations, as described in the academic integrity policy, are subject to action under the student conduct code. Academic dishonesty includes, but is not limited to, any of the following activities:

     (a) Plagiarism: Representing the work of another as one's own work;

     (b) Preparing work for another that is to be used as that person's own work;

     (c) Cheating by any method or means;

     (d) Knowingly and willfully falsifying or manufacturing scientific or educational data and representing the same to be the result of scientific or scholarly experiment or research;

     (e) Knowingly furnishing false information to a university official relative to academic matters.

     (2) Acts of social misconduct.

     (a) Violence/threats/abuse/endangerment.

     (i) Abuse or harm of others. Conduct which causes physical abuse, harm, threats, intimidation, coercion, detention, and/or other conduct which threatens or endangers the health or safety of any person.

     (ii) Reckless endangerment. Engaging in conduct that creates an unreasonable risk of harm to another person or property.

     (b) Sexual misconduct. Sexual misconduct is any sexual activity with another person that is unwanted and nonconsensual. Sexual misconduct includes, but is not limited to:

     (i) Unwanted verbal (including telephone), written (including electronic media), pictorial or physical conduct of a sexual nature which a reasonable person would consider to be harassing, intimidating, hostile, offensive and/or which adversely affects the learning or living environment of the campus;

     (ii) Unwanted, forceful, sexual contact. The use of force may include, but is not limited to use of body weight, pushing or hitting, coercion, threats, or intimidation;

     (iii) The use of force (body weight, hitting or pushing, use of a weapon, threats to kidnap or kill, for example) to overcome earnest resistance to engaging in sexual intercourse. Earnest resistance may be verbal, physical or both;

     (iv) Sexual intercourse which occurs without consent whether force is used or not. Consent requires actual words or conduct demonstrating freely given agreement to the sexual activity. Sexual activity is nonconsensual when the victim is incapable of consent by reason of mental incapacity, drug/alcohol intoxication, illness, unconsciousness or physical helplessness. Silence and passivity do not constitute consent;

     (v) Voyeurism. Voyeurism occurs when an individual, for the purpose of arousing or gratifying his/her sexual desire, knowingly views, photographs, or films another person, without that person's knowledge or consent, while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable expectation of privacy;

     (vi) Charges of sexual harassment may be adjudicated under the university sexual harassment policy in addition to any processing under this student conduct code.

     (c) Harassment. Harassment of any sort is prohibited. Conduct (physical, verbal, graphic, written, or electronic) that is sufficiently severe, pervasive, or persistent to have the purpose or effect of unreasonably interfering with an individual's ability to work, study, or participate in his/her regular life or university activities. Examples of harassment include, but are not limited to the following:

     (i) Cyberstalking;

     (ii) Unwanted telephone calls;

     (iii) Unwanted text messaging; and/or

     (iv) Unwanted conversation.

     (d) Stalking. Any repeated conduct directed specifically at another person that causes that person to fear for his/her health and safety. Such behaviors and activities may include, but are not limited to the following:

     (i) Nonconsensual communication or contact, including face-to-face, telephone calls, voice messages, electronic mail, instant messaging, written letters, unwanted gifts, etc.;

     (ii) Harassment, either by the individual or through a third party;

     (iii) Use of threatening or obscene gestures;

     (iv) Pursuing or following;

     (v) Surveillance or other types of observation;

     (vi) Use of electronic devices or software to track or obtain private information;

     (vii) Trespassing;

     (viii) Vandalism; and

     (ix) Nonconsensual touching.

     (e) Unauthorized use of electronic or other devices: Making an audio or video record of any person while on university premises without his or her prior knowledge, or without his or her effective consent when such a recording is of a private conversation or of images taken of a person(s) at a time and place where she or he would reasonably expect privacy and where such images are likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom, but does not include taking pictures of persons in areas which are considered by the reasonable person to be open to public view.

     (3) Property violations. Theft from, or damage to, or misuse of university property or the property of any person on or off campus are subject to university disciplinary action.

     (4) Weapons. No individual shall have on his/her person, in his/her vehicle or otherwise in his/her possession any gun, pistol, or firearm or explosives, dangerous chemicals or other dangerous weapons or instruments on the university campus or other university premises except as follows:

     (a) Authorized law enforcement officers are permitted to carry arms while on duty and engaged in their regular duties;

     (b) Activities requiring use of the prohibited items may be conducted on approval of the activity by the board of trustees;

     (c) Persons are permitted to have firearms in their possession directly en route to or from campus firearm storage facilities where such possession is incidental to approved on or off campus possession or use of such firearms;

     (d) Examples of weapons under this section include, but are not limited to: Shotguns, rifles, pistols, air guns, BB guns, pellet guns, longbows, hunting bows, throwing weapons, any item that can be used as an object of intimidation and/or threat, replica or look-a-like weapons, etc.

     (5) Disobedience. Disobedience, interference, resistance, or failure to comply with direction of an identified university official or other authority acting in the line of duty, including:

     (a) Failure to comply with lawful and/or reasonable directions of university officials or law enforcement officers acting in performance of their duties on campus or affecting conduct on campus;

     (b) Failure to identify oneself to university officials in their course of duty, refusal or failure to appear before university officials or disciplinary bodies when directed to do so, or the violation of sanctions imposed after such proceedings;

     (c) Failure to attend any medical treatment or evaluation program when directed to do so by the dean of students, the self-harm prevention team, or other authorized university official.

     (6) Trespassing/unauthorized use of keys.

     (a) Trespass. The unauthorized entry into or onto, or the unauthorized remaining in any building or facility or on any property.

     (b) Unauthorized use of keys and unauthorized entry. Unauthorized possession, duplication, or use of keys to university premises or unauthorized entry to or use of university premises.

     (7) Deception, forgery, fraud, unauthorized representation.

     (a) Knowingly furnishing false information to the university.

     (b) Forgery, alteration, or misuse of university documents, records, or instruments of identification. This includes situations of identity theft where a person knowingly uses or transfers another person's identification for any purpose.

     (c) Forgery or issuing a bad check with intent to defraud.

     (d) Unauthorized representation. The unauthorized use of the name of the university or the names of members or organizations in the university community.

     (8) Safety.

     (a) Intentionally activating a false fire alarm.

     (b) Making a bomb threat.

     (c) Tampering with fire extinguishers, alarms, or safety equipment.

     (d) Tampering with elevator controls and/or equipment.

     (e) Failure to evacuate during a fire, fire drill, or false alarm.

     (9) Alcohol, drugs, and controlled substances.

     (a) Alcohol and substance violations. Use, possession, distribution, or sale of alcoholic beverages (except as permitted by university policy and state law) is prohibited. Under no circumstances may individuals under the age of twenty-one use, possess, distribute, manufacture or sell alcoholic beverages. Public intoxication is also prohibited.

     (b) Illegal drugs and paraphernalia. Use, possession, distribution, manufacture, or sale of drug paraphernalia and/or illegal drugs, including marijuana, narcotics or other controlled substances, is prohibited except as authorized by federal or state law. Being under the influence of an illegal substance, while on property owned or operated by the university, is prohibited. Being under the influence of a controlled substance is also prohibited while on property owned or operated by the university, except when legally prescribed by a licensed medical practitioner.

     (10) Hazing. Any action required of or imposed on current or potential members of an organization or group which, regardless of location of the incident or consent of the participant(s):

     (a) Produces or is reasonably likely to produce bodily harm or danger, mental or physical discomfort, embarrassment, harassment, fright, humiliation or ridicule; or

     (b) Compels an individual to participate in any activity which is illegal, perverse or publicly indecent or contrary to university rules, regulations or policies, or which is known by the compelling person(s) to be contrary to the individual's moral or religious beliefs.

     (11) Disruptive conduct/obstruction.

     (a) Disruptive conduct. Conduct which disrupts or obstructs teaching, research, administration, disciplinary proceedings, freedom of movement or other lawful activities.

     (b) Disorderly conduct. Conduct that is disorderly, lewd, indecent or a breach of peace.

     (c) Obstruction. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored or university-supervised events.

     (d) Demonstration. Participation in a campus demonstration which violates the university regulations governing campus assembly and peaceful demonstration.

     (12) Violations of other laws, regulations and policies.

     (a) Violation of a local, county, state, or federal law.

     (b) Violation of other university policies or regulations.

     (13) Assisting. Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this code. Conduct involving being an accessory to any person who violates this code.

     (14) Acts against the administration of this code.

     (a) Initiation of a complaint or charge knowing that the charge was false or with reckless disregard of its truth.

     (b) Interference with or attempt to interfere with the enforcement of this code, including but not limited to, intimidation or bribery of hearing participants, acceptance of bribes, dishonesty, or disruption of proceedings and hearings held under this code.

     (c) Knowing violation of the terms of any disciplinary sanction or attached conditions imposed in accordance with this code.

     (15) Other provisions:

     (a) Responsibility for guests. A student, student group or student organization is responsible for the conduct of guests on or in university property and at functions sponsored by the university or sponsored by any recognized university organization.

     (b) Students studying abroad. Students who participate in any university sponsored or sanctioned foreign country study program shall observe the following rules and regulations:

     (i) The laws of the host country;

     (ii) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying; and

     (iii) Any other agreements related to the student's study program in the foreign country.

     (c) Student organization and/or group offenses. Clubs, organizations, societies or similarly organized groups in or recognized by the university and/or ASEWU are subject to the same standards as are individuals in the university community. The commission of any of the offenses in this section by such groups or the knowing failure of any organized group to exercise preventive measures relative to violations of the code by their members shall constitute a group offense.



[Statutory Authority: RCW 28B.35.120(12). 09-12-001, § 172-121-200, filed 5/20/09, effective 6/20/09.]