Proposed WAC Changes

Emergency Rules

Standards of Conduct for Students

Effective September 26, 2019, the University made the following emergency rule changes to the Washington Administrative Code 504-26-213: Standards of Conduct for Students, Firearms and Dangerous Weapons.

This emergency change is required to ensure that WSU policy is consistent with RCW 9.41.345(5), regarding the storage and release of firearms that have been stored at the Washington State University Police Department. The existing WAC required all firearms brought to campus be stored at the Washington State University Police Department. The University’s firearms storage program is unfeasible under current interpretation of RCW 9.41.345(5) and has been discontinued. Accordingly, WAC 504-26-213 must be amended to clarify university policy and reflect the discontinuation of weapons storage by the Washington State University Police Department.

To view the text of these emergency rules, see WSR 19-20-056 at the Code Reviser’s Office Washington STate Register website:

lawfilesext.leg.wa.gov/law/wsr/2019/20/19-20-056.htm

Effective October 22, 2019, the University made the following emergency rule changes to the Washington Administrative Code 504-26-110: Standards of Conduct for Students, Composition of Conduct Board.

The amount of time required for WSU to currently schedule student conduct hearings presents potential Title IX (of the Civil Rights Act) compliance concerns and may negatively impact both reporting and responding students awaiting a conduct hearing. Therefore, WSU proposes an emergency change to WAC 504-26-110 in order to reduce the difficulty in scheduling cases for a hearing. This change reduces the university conduct board’s size from five members to three members, in alignment with the academic integrity hearing board and the university appeals board. This reduction in size will reduce waiting times for hearings by providing more availability of conduct board members in the established conduct board member pool and by providing more flexibility in the scheduling of hearings. Reduced waiting times and more flexible hearing schedules will reduce the risk of noncompliance with Title IX’s timely resolution requirements, while also promoting the well-being of reporting and responding students awaiting a conduct board hearing.

To view the text of these emergency rules, see WSR 19-21-160 at the Code Reviser’s Office Washington State Register website:

http://lawfilesext.leg.wa.gov/law/wsr/2019/21/19-21-160.htm

WSU anticipates filing a proposal for permanent rules related to these WAC chapters in December 2019.