Washington Administrative Code

The vice president for finance and operations or their designee, has the authority to suspend, modify or repeal any or all provisions in this chapter for an authorized college event or in the event of an emergency, disaster or other like contingency. Such action must be limited i…

The college assumes no liability for motor vehicles or their contents when such motor vehicles are on campus. The college offers parking permits to those desiring to park on campus. A parking permit licenses the holder (licensee) to park one motor vehicle on campus within the res…

(1) Whenever an unattended vehicle is parked in violation of these regulations, the college may take the registration number and other identifiable information and may affix to such vehicle a parking citation in a conspicuously visible location.(2) When an attended vehicle is par…

(1) Parking permits are issued by the college following application and the payment of the appropriate fees. A permit is defined as an authorization to park in designated areas and issued by the parking services office and associated with a vehicle's license plate number. All pri…

All persons parking vehicles on campus will park in an available space as established by the college parking regulations and will pay the established parking fee except as follows:(1) Vehicles with government tax exempt licenses will be allowed to park without charge.(2) Taxis an…

(1) All vehicles, attended or unattended, must be associated with a valid parking permit. Vehicles that are not associated with a valid permit may be cited for violation of a no paid permit.(2) Ownership of permits is not transferable except when approved by parking services. If …

(1) Parking permits will be valid from the date of purchase through the expiration date and/or time stated on the permit or expiration of time purchased from short term parking pay station, coin-operated parking meter, or mobile parking payment application.(2) Parking permits are…

(1) The registered owner or permit holder will be responsible for all parking violations involving the vehicle.(2) In any review, appeal or hearing alleging the violation of any parking regulation, proof of the following will create a presumption that the registered owner or perm…

(1) The motor vehicle laws of the state of Washington and these rules will be applicable at all times in areas covered under the scope of this policy including all college-owned property.(2) No vehicle may be parked on the campus except in those areas set aside and designated as …

(1) No vehicle may stop, stand or park so as to obstruct traffic along or upon any street or sidewalk or in any parking lot.(2) No vehicle may park, stop or stand in a location likely to interfere with traffic flow except momentarily to pick up or discharge passengers.(3) No vehi…

(1) The expense of such impounding and storage will rest solely on the owner or permit holder of the vehicle. Neither the college nor its employees will be liable for loss or damage of any kind resulting from impounding and/or storage services provided by a private vendor.(2) Any…

No disabled or inoperative vehicle will be parked on the campus for a period in excess of seventy-two hours without approval of parking services. Vehicles which have been parked for periods in excess of seventy-two hours and which appear to be disabled or inoperative may be impou…

Privately owned motor vehicles will be driven only on those roadways designed and built for their use. Driveways and roads marked "service" may be used only by college employees in college-owned vehicles conducting official business, emergency vehicles, and authorized delivery ve…

(1) Motorcycles are, for the purpose of these regulations, considered to be motor vehicles and are subject to all parking regulations.(2) Motorcycles may be parked in designated motorcycle parking areas in addition to the stalls in the regular parking lots.(3) Motorcycles are not…

(1) Payment.(a) Persons cited for violation of these regulations are required to pay a fine within ten days of the date of issuance of the citation. All parking fines and fees are due upon issuance. Thirty days after the issuance of the citation, a late fee will be added to the u…

If any provision of this chapter or its application to any person or circumstances is determined to be invalid, the remainder of the chapter and its application to other persons or circumstances is unaffected.[Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-285, fil…

(1) General: Evergreen is an institution and a community that continues to organize itself so that it can clear away obstacles to learning. In order that both creative and routine work can be focused on education, and so that the mutual and reciprocal roles of campus community me…

This chapter will be known as the code of student rights and responsibilities (code) for The Evergreen State College.A community exists on the basis of shared values and principles. At The Evergreen State College, student members of the community are expected to uphold and abide …

The purpose of this code is to provide students with necessary information about their rights and responsibilities, and to inform students of the due process afforded in student conduct proceedings.[Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-120, filed 8/15/18,…

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon approp…

Agreement of accountability means a written mutual agreement between the respondent and student conduct official which states the violations of the code and the resolution and sanction(s).Business day means any calendar day, exclusive of weekends and federal and school holidays, …

(1) The code of student rights and responsibilities will apply to conduct by a student or a recognized organization that occurs:(a) On college premises; or(b) At or in connection with a college-sponsored activity or program; or(c) At an off-campus location and, based on a reasona…

In computing any period of time in these rules, the day from which the designated period begins to run will not be included. The last day of the period will be included unless it is a Saturday, Sunday, holiday, or campus closure, in which event the period runs until the end of th…

The code of student rights and responsibilities recognizes two types of prohibited conduct: Conduct related to community, and conduct related to persons. The subsections below outline the basic structures of community that the code seeks to uphold, and the basic rights and expect…

The student conduct process provides due process, educates students about their rights and responsibilities, and holds students accountable for their actions. If students believe that a student conduct official is not handling complaints according to these procedures, students sh…

(1) Any person may submit a complaint alleging a violation of the code. A complaint may be submitted through the online report form, or to a college official who is able to take action. This includes, but is not limited to, the student conduct officials, the Title IX officials, r…

(1) Interim restrictions. The student conduct official or designee may institute interim restrictions prior to, or at any stage during, a student conduct proceeding when the physical or mental safety of any member of the college community is deemed at risk. The interim restrictio…

A conduct conference is a meeting or a series of meetings, held between a respondent and a student conduct official. The student conduct official will explain to the respondent the process for addressing complaints under the code, advise the respondent of their rights and respons…

The student conduct official will attempt to resolve a complaint informally using an agreement of accountability. If a complaint is not resolved using an agreement of accountability, the student conduct official will resolve the complaint by issuing a determination of responsibil…

(1) If a complaint is not resolved by entering into an agreement of accountability, the student conduct official will issue a determination of responsibility based on a preponderance of the evidence standard. Preponderance of the evidence standard means it is more likely than not…

The following resolution and sanctions may be agreed to by, or required of, a respondent found to have violated the code. More than one resolution and sanction may be imposed for any single violation. Resolution and sanctions are based on the unique aspects of each situation and …

A procedural review complaint may be used to resolve any student complaint related to a current process in which a determination has not been issued regarding the alleged violations of the code.A procedural review complaint is a student's formal complaint concerning the applicati…

(1) A respondent may appeal a student conduct official's determination of responsibility and required resolution and sanction(s) by filing a written notice of appeal to the senior college official within ten calendar days of service of the student conduct official's determination…

Brief adjudicative proceedings will be conducted by a conduct review officer. Conduct review officers shall be designated by the senior college official. The conduct review officer will not participate in any case in which they are or have been involved; or in which there is dire…

(1) An initial decision may be appealed to the senior college official or designee, provided a party files a written request including the grounds for appeal for review with the conduct review officer within ten calendar days of service of the initial decision. The grounds for ap…

(1) If not addressed in the code, the proceedings of the student conduct appeal panel will be governed by the Administrative Procedure Act, chapter 34.05 RCW.(2) The senior college official, or designee, will schedule a hearing before the student conduct appeal panel and serve wr…

(1) The student conduct appeal panel will be composed of three members consisting of one faculty member, one staff member, and one student. One member will be designated by the senior college official or designee to serve as the chair of the student conduct appeal panel for a hea…

(1) At the conclusion of the hearing, the student conduct appeal panel will permit the parties to make closing statements in whatever form it wishes to receive them. The panel also may permit each party to propose findings, conclusions, and/or a proposed decision for its consider…

(1) Within five business days of the written notice of the final determination, a party may submit a petition for reconsideration with the senior college official. The petition must state the specific grounds upon which relief is requested. The grounds for reconsideration are lim…

(1) A student's conduct record may be retained for seven years after the final disposition of the case unless the college is required to retain the record for a longer period of time under another provision of state or federal law. When the resolution and sanction(s) includes col…

(1) Code of student rights and responsibilities proceedings may be instituted and carried out without regard to any criminal or civil litigation or external processes with which the student may be involved. Issuance of a determination of responsibility or required resolution and …

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with Eve…

For purposes of the supplemental Title IX student conduct procedure, the following terms used have the definitions contained in the Title IX policy and procedure and the terms below are defined as follows:(1) Consent means knowing, voluntary, and clear permission by word or actio…

Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, Evergreen may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an ac…

(1) This supplemental procedure applies only if the alleged misconduct:(a) Occurred in the United States;(b) Occurred during an Evergreen educational program or activity; and(c) Meets the definition of sexual harassment as that term is defined in this supplemental procedure. (2) …

(1) Upon receiving the Title IX investigation report from the Title IX coordinator, the student conduct official will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibite…

(1) Upon receiving the disciplinary notice, the hearing panel chair will send a hearing notice to all parties, in compliance with WAC 174-123-290(3). In no event will the hearing date be set less than ten days after the Title IX coordinator provided the final investigation report…

(1) The Evergreen State College's code of student rights and responsibilities, this chapter, and this supplemental procedure shall apply equally to all parties.(2) The college has the burden of offering and presenting sufficient testimony and evidence to establish that the respon…

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:(1) Relevance: The hearing chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on la…

(1) In addition to complying with WAC 174-123-310, the hearing panel will be responsible for conferring and drafting an initial order that:(a) Identifies the allegations of sexual harassment;(b) Describes the grievance and disciplinary procedures, starting with filing of the form…