Due Process and Procedures

Student Rights and Responsibilities Code

WAC 516-21-010  Introduction

Western Washington University students enjoy the same basic rights, privileges, and freedoms granted to all members of society. At the same time, acceptance of admission to the university carries with it an obligation to fulfill certain responsibilities and expectations as a member of the Western Washington University community.

As a condition of enrollment at Western, students must assume responsibility for their own actions and maintain an environment conducive to the academic success, safety, and well-being of others. In addition, they are expected to be truthful, respect the rights of others, and abide by all university policies and procedures, as well as all applicable local, state, and federal laws and regulations. All students are responsible for understanding and complying with the responsibilities and expectations set forth in this code.
         
The student conduct process at Western is designed to be a learning process that promotes an understanding of students' responsibilities as members of the university community. The objectives of the student conduct system, as set forth in this code, are twofold: to ensure that students act in a manner consistent with high standards of scholarship and behavior, and to maintain the safety and well-being of all members of the university community.

WAC 516-21-250  Student Rights in the Conduct Process 

All alleged violations of the code will be resolved through the student conduct process, respecting fairness and due process for all involved parties.

Students accused of violating the code have certain rights in the conduct process. These include the right to:

1. Receive written notification of the section(s) of the code they are alleged to have violated, including a clear description of the basis for the charge(s), delivered via e-mail to the student's official @students.wwu.edu account;
2. Meet with the Conduct Officer to discuss the section(s) of the code they are alleged to have violated and present a response to such allegations;
3. Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;
4. Be accompanied through the conduct process by a person of their choice (this person may give advice to the student, but may not directly address the Conduct Officer, any member of the appeals board, or the Dean of Students);
5. Refuse to answer any question asked of them and have no inference of guilt drawn from such refusal;
6. Receive written notification of the Conduct Officer's findings and decision, delivered via e-mail to the student's official @students.wwu.edu account, within seven business days of the date of the meeting (or, if multiple meetings are necessary to determine responsibility or multiple individuals are involved and information presented by each is deemed necessary to determine responsibility, within seven business days of the date of the final meeting for the specific incident);
7. Request a review of the Conduct Officer's findings and decision by the appeals board or Dean of Students, as described in WAC 516-21-280 Basis for Review; and
8. Waive any of the rights contained in this section.

Individuals who have filed a complaint or are the victim of an alleged violation of the code have certain rights in the conduct process. These include the right to:

1. Submit a written account of the alleged violation(s);
2. Be advised of the date, time, and location of the hearing;
3. Provide evidence on their own behalf, including the names or written statements of individuals who can offer information regarding the incident in question;
4. Be accompanied through the conduct process by a person of their choice (this person may give advice to the student, but may not directly address the Conduct Officer, any member of the appeals board, or the Dean of Students);
5. Be free of any form of retaliation and report any retaliation that occurs for further action;
6. Have past unrelated behavior excluded from the investigation or hearing; and
7. Submit an oral or written impact statement to the Conduct Officer, appeals board, or Dean of Students, for consideration during the sanctioning phase of the conduct process, if the charged student is found responsible.

For incidents involving violence or sexual violence, including sexual harassment, misconduct, and/or assault, victims shall have the following additional rights:

1. To be notified of the availability of counseling, assistance, and support resources, both on campus and in the surrounding community;
2. To request and be granted a "no contact" order against the accused student(s);
3. To receive written notification of the Conduct Officer's findings and decision delivered via e-mail to the student's official @students.wwu.edu account, within seven business days of the date of the meeting (or, if multiple meetings are necessary to determine responsibility or multiple individuals are involved and information presented by each is deemed necessary to determine responsibility, within seven business days of the date of the final meeting for the specific incident); and
4. To request a review of the Conduct Officer's findings and decision by the appeals board or Dean of Students, as described in WAC 516-21-280 Basis for Review.

WAC 516-21-270  Proceedings for Violations of the Code 

Any member of the university community may file a complaint against a student or a student organization, alleging a violation of the code. All complaints should be provided in writing to the Conduct Officer or Dean of Students and include a statement of the alleged misconduct.

The Conduct Officer will conduct a preliminary investigation. If, in the Conduct Officer's judgment, there is insufficient basis to consider a charge, the individual(s) initiating the complaint will be informed. If there is sufficient basis to consider a charge, the Conduct Officer shall:

1. Provide the accused student with a written notice of the charge(s), delivered via e-mail to the student's official @students.wwu.edu account. This notice shall include a clear description of the nature and date of the complaint and the specific code section(s) the student is alleged to have violated;
2. Provide the accused student with a copy of the code as well as information on the availability of procedural advice regarding the code; and
3. Provide the accused student with written notice to contact the Dean of Students' office immediately upon receipt of the charge letter to schedule a conduct meeting. This meeting should occur no less than three business days and no more than seven business days from the date that the notification is sent. The student may elect to waive the three-day notice if an earlier date is mutually agreed upon.

During the meeting with the accused student, the Conduct Officer will determine, based on a preponderance of evidence, whether it is more likely than not that a violation of the code has occurred. If a student fails to meet with the Conduct Officer after receiving proper notification, a decision on the allegation(s) may be rendered in the student's absence.

Within seven business days of the meeting, the Conduct Officer shall notify the student in writing of the findings and decision, including any imposed sanctions. This notification will be delivered via e-mail to the student's official @students.wwu.edu account and will include a statement of the student's option for a review of the Conduct Officer's findings and decision by the appeals board or the Dean of Students.

If multiple meetings are required to determine responsibility, the findings and decision letter will be sent via e-mail to the student's official @students.wwu.edu account no later than seven business days after the final meeting for the specific incident.

If multiple individuals are involved in the incident and the information presented by each student is deemed necessary to determine responsibility, individual findings and decision letters will be sent via e-mail to the student's official @students.wwu.edu account no later than seven business days after the final meeting for the specific incident.

If both parties agree to mediate a complaint and the Conduct Officer agrees, mediation may be substituted for a conduct meeting. If mediation is unsuccessful, the original complaint will be considered and decided upon by the Conduct Officer. Mediation may not be substituted for a conduct meeting in cases involving violence or sexual violence, including sexual harassment, misconduct, or assault.