wa-26-20-008: Eastern Washington University — WSR 26-20-008

WSR 26-20-008 (26-20)WSR 26-20-008PROPOSED RULESEASTERN WASHINGTON UNIVERSITY[Filed September 24, 2026, 10:27 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-16-051.Title of Rule and Other Identifying Information: Chapter 172-121 WAC, Student conduct code.Hearing Location(s): On November 13, 2026, at 12:00 p.m., at 201 Showalter Hall, Eastern Washington University, Cheney, WA 99004.Date of Intended Adoption: December 11, 2026.Submit Written Comments to: Annika Scharosch, 214 Showalter Hall, Cheney, WA 99004, email ascharosch@ewu.edu, website https://inside.ewu.edu/policies, beginning October 9, 2026, at 8:00 a.m., by 5:00 p.m. on November 13, 2026.Assistance for Persons with Disabilities: Contact Annika Scharosch, phone 509-359-6724, email ascharosch@ewu.edu, by November 10, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates the standards for student conduct and the procedures used for student conduct processes.Reasons Supporting Proposal: These changes are being made to provide greater clarity to students about acceptable standards of behavior and to simplify certain procedures in the student conduct process.Statutory Authority for Adoption: RCW 28B.35.120(12).Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: Eastern Washington University, governmental.Name of Agency Personnel Responsible for Drafting and Implementation: Annika Scharosch, 214 Showalter Hall, Cheney, WA 99004, 509-359-6724; Enforcement: Dr. Shari McMahan, 214 Showalter Hall, Cheney, WA 99004, 509-359-6200.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. Not subject to RCW 34.05.328(5).This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.Is exempt under RCW 19.85.025(4).Explanation of exemptions: These changes impact internal university procedures for student conduct. They do not affect small businesses.Scope of exemption for rule proposal:Is fully exempt.September 24, 2026Annika ScharoschChief of Staff and ComplianceRDS-7456.1AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-030Rights of students.Any student or student organization charged with any violation of the student conduct code has the following rights where applicable:(1) Right to a fair and impartial conduct review process;(2) Right to receive written notice prior to a prehearing conference or hearing;(3) Right to remain silent during any conduct review hearing;(4) Right to know who filed the complaint against them as described in WAC 172-121-110;(5) Right to speak on their own behalf in all proceedings;(6) Right to hear all information and view all material presented against them;(7) The right to request reasonable accommodations during the conduct process consistent with applicable law;(8) The right to meaningful access through language assistance or interpretation services when appropriate;(9) The right to receive conduct-related information in an accessible format upon request;(10) The right to ask procedural questions without those questions being interpreted as an admission of responsibility;(11) The right to call witnesses for a full hearing as described in WAC 172-121-122;(((8)))(12) The right to ask or submit questions to be asked of witnesses for a full hearing, in a method determined by the conduct review officer, as described in WAC 172-121-122;(((9)))(13) The right to consult an advisor as described in WAC 172-121-105(3);(((10)))(14) The right to be presumed not responsible;(((11)))(15) The right to appeal as provided in WAC 172-121-130; and(((12)))(16) The right to be subjected to EWU disciplinary action only one time for the same conduct.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-040Jurisdiction.Eastern Washington University shall have jurisdiction over student behavior which occurs on university premises or during a university-sponsored program or activity. The university may also exercise jurisdiction over student conduct which occurs at off-campus locations if the behavior adversely affects the university or a university community member. In determining whether off-campus conduct falls within university jurisdiction, EWU will consider a number of factors, such as the nature of the conduct, its relationship to the university community, the extent to which it affects campus safety or university operations, whether university programs or resources were involved, or any other relevant circumstances. Jurisdiction decisions shall be based upon documented facts and the totality of the circumstances. The university has sole discretion in determining what conduct adversely impacts the university or a university community member.The student conduct code shall apply to conduct without regard to a student's academic status at the time the conduct took place. This includes all periods from the time of application for admission through the actual awarding of a degree, including times between academic periods, breaks in enrollment, or outside of normal business hours. The university may continue a student conduct process even after a student withdraws or graduates.AMENDATORY SECTION(Amending WSR 15-24-050, filed 11/23/15, effective 12/24/15)WAC 172-121-060Notification of criminal arrest.A student is responsible for informing the university ((of any off-campus arrest))if they are charged, cited, or convicted of a crime.When student rights and responsibilities (SRR) is informed of the ((arrest))charge, citation, or conviction of a student, the university may send a letter to the student requiring that he or she make an appointment for an interview with the SRR. During this interview, the director of SRR shall discuss with the student:(1) The facts involved in the student's ((arrest))charge, citation, or conviction;(2) The student's obligation to keep the university informed of the progress of any criminal charge(s); and(3) The student's obligation to advise the university of the final disposition of any criminal charge(s).The university will cooperate with law enforcement and other agencies administering a corrective or rehabilitative program for the student.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-080Administration and records.(1) Student conduct code.(a) Interpretation: Any questions 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 at least 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 SRR. As much as possible, records should include:(i) An audio recording of a prehearing conference;(ii) An audio recording of conduct review hearings;(iii) All letters, statements, memoranda, decisions, orders, notices, and other documents related to conduct review proceedings;(iv) Any images, articles, recordings, or other materials presented as evidence in a conduct review proceeding;(v) A statement of matters officially noticed or considered by the council or conduct review officer (CRO);(vi) Evidence submitted, whether or not accepted, any objections and rulings, any cross-examination questions submitted to the council and rulings on such questions;(vii) Proposed findings, requested orders, and exceptions;(viii) Recording of the hearing and subsequent transcript, if any;(ix) Any staff memorandum to the extent required by RCW 34.05.476;(x) Matters placed on the record after any ex parte communication. "Ex parte" means when a member of the student disciplinary council or CRO communicates with a party about a nonprocedural matter regarding the hearing when the other party is not present.(b) The director of SRR shall keep records of conduct review proceedings for seven years.(c) Records of conduct review proceedings are the property of EWU and are confidential to the extent provided in applicable law.(d) Prior to the final disposition of a case, the respondent may review the records relative to their case. The respondent shall request to review the case records by contacting the CRO. The CRO shall make every reasonable effort to support the respondent'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 EWU's records retention schedule.(b) Release of student disciplinary records. EWU shall not communicate a student's disciplinary record to any person or agency outside EWU 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 C.F.R. 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 C.F.R. Part 99).(iii) In response to a judicial order or a lawfully issued subpoena.(iv) EWU shall release information related to disciplinary records to complainants or other persons as required by Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other state and federal laws.(v) Disciplinary records will be made available to hearing councils and EWU personnel as needed for legitimate educational purposes.(vi) A student may authorize release of their own disciplinary record to a third party in compliance with FERPA (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) by providing a written consent to student rights and responsibilities.(vii) Any student may review their own disciplinary records by contacting student rights and responsibilities.(viii) A student may obtain a copy of their disciplinary record by making a written request to student rights and responsibilities. Student rights and responsibilities may charge the student a reasonable amount to cover copying expenses.(ix) EWU may disclose to a student's parents a violation of any federal, state, or local law, or of any EWU 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 law.(4) Holds:(a) Types of holds. Holds placed on a student's academic records may prevent admission, registration, graduation, or other academic or EWU activities.(b) Discretionary holds: The CRO may place a hold on a student 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 CRO.(c) Required holds: The CRO shall place a hold on a student's EWU record if the student is the respondent to a violation of the conduct code and has withdrawn from EWU, or if the student withdraws from EWU after a ((complaint is filed))conduct case is initiated against the student. A hold is also required if a student is subject to a pending student conduct complaint at the time of graduation. This hold shall remain in place until the allegation or complaint is resolved.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-118Admission of responsibility.EWU encourages respondents to acknowledge harm and accept responsibility for repairing harm, to the extent possible, experienced as a result of a student's conduct. An investigator, CRO, or presiding officer may offer to the respondent at any time the opportunity to admit responsibility for the alleged misconduct. If the respondent decides to admit responsibility, the respondent will sign a document drafted by SRR taking responsibility or take responsibility on the record while being digitally recorded. The CRO and/or presiding officer, depending on the type of conduct, will schedule a recorded meeting for the respondent to take responsibility on the record and for the CRO and/or presiding officer to determine the appropriate sanctions under WAC 172-121-400.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-121Conduct review meeting procedures.(1) Applicability: The conduct review officer (CRO) may hold a conduct review meeting with the respondent if the proposed sanction is less than a suspension and the allegations do not involve felony level criminal behavior.(2) General provisions.(a) Hearing authority: The CRO exercises control over hearing proceedings. All procedural questions are subject to the final decision of the CRO.(b) Closing hearings: All conduct review hearings will be closed. Admission of any person to a conduct review hearing shall be at the discretion of the CRO.(c) Consolidation of hearings: In the event that one or more students are charged with the same misconduct arising from the same occurrence, the hearing authority may conduct separate hearings for each student or consolidate the hearings as practical, as long as consolidation does not impinge on the rights of any student.(3) Appearance.(a) Failure to appear: In cases where proper notice has been given but the respondent fails to attend a conduct review hearing, the hearing authority shall decide the case based on the information available, without the respondent's input.(b) Appearance: The respondent will be provided options for reasonable alternative arrangements if they do not wish to be present in the same room as the other student during the hearing. People may appear at the conduct review hearing in person, through telephone conference, or through any other practical means of communication, subject to the limits set forth below in (e) of this subsection. If a person does not appear at the hearing, the hearing authority will decide the case based on the information available.(c) Advisors: The respondent may be assisted by one advisor during conduct review hearings as described in WAC 172-121-105. In conduct review meetings, the advisor is limited to advising the student and cannot speak on behalf of the student.(d) Disruption of proceedings: Any person, including the respondent or advisor, who disrupts a hearing, may be excluded from the proceedings.(e) Electronic appearance. In the interest of fairness and expedience, the CRO may permit any person to appear by telephone, audio recording, written statement, or other means, as appropriate, if the rights of the parties will not be substantially prejudiced by an electronic appearance as determined by the CRO.(4) Standard of proof. The hearing authority shall determine whether the respondent violated the student conduct code, as charged, based on a preponderance of the evidence. A preponderance means, based on the evidence admitted, whether it is more probable than not that the respondent violated the student conduct code.(5) Prehearing conference. The SRR office will schedule a prehearing conference with the respondent. Only the respondent and the respondent's advisor may appear at the prehearing conference. The purpose of the prehearing conference is to advise the parties regarding the student conduct process. During the prehearing conference, the CRO will:(a) Review the written list of allegations with the respondent;(b) Inform the respondent who is bringing the complaint against them;(c) Provide the respondent with a copy of the student conduct code and any other relevant EWU policies;(d) Explain the respondent's rights under the student code;(e) Explain the conduct review procedures;(f) Where applicable, explain the respondent's and complainant's rights and responsibilities in the conduct review process;(g) Review the option for admitting responsibility under WAC 172-121-118; and(h) Explain possible penalties under the student conduct code.At the end of the prehearing conference, the CRO will either conduct or schedule a conduct review meeting with the respondent as set forth in this subsection or arrange for a meeting to take an admission of responsibility under WAC 172-121-118. If proper notice was given of the prehearing conference and the respondent fails to attend the conference, the CRO may either proceed with the conduct review meeting and decide the case based on the information available, or place a hold on the respondent's academic records as described in WAC 172-121-080 until the respondent cooperates with the student conduct process.(6) Scheduling. A conduct review meeting may take place immediately following the prehearing conference or it may be scheduled for a later date or time. If the conduct review meeting will be held at a later date or time, the CRO shall schedule the hearing and serve the respondent with a notice of the date, time, and place of the hearing. The CRO may coordinate with the parties to facilitate scheduling, but is not required to do so. The CRO has sole discretion as to whether to call witnesses.(7) If the respondent fails to appear at the conduct review meeting, the CRO may conduct the hearing without the respondent present. The CRO may also place a hold on the respondent's academic records under WAC 172-121-080 until the respondent cooperates with the student conduct process.(8) Deliberation. After the hearing, the CRO shall decide whether the respondent violated the student conduct code based on a preponderance of the evidence and issue a decision within seven business days. (a) If the CRO determines that there is not sufficient information to establish a violation by a preponderance of evidence, the CRO shall dismiss the complaint.(b) If the CRO determines that the respondent violated the student conduct code, the CRO shall impose any number of sanctions as described in WAC ((172-121-210))172-121-400, except suspension or expulsion.(9) Sanctions. In determining what sanctions shall be imposed, the CRO may consider the evidence presented at the hearing as well as any information contained in the student's disciplinary and academic records. If a student fails to appear for a hearing, then the CRO authority shall review the evidence provided and may consider information available from the student's disciplinary and academic records in determining what sanction should be imposed. In addition to sanctions under this code, if the student is also an employee of EWU, the CRO's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with EWU policy.(10) Notification. The CRO shall serve the respondent with a decision including its findings, conclusions, and rationale. The decision shall address credibility issues if credibility or witness demeanor was a substantial factor in the CRO's decision. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness. The findings shall be based exclusively on the evidence provided at the hearing. The decision must also include:(a) Identification of the section of the code alleged to have been violated;(b) A description of the procedural steps taken from the receipt of the complaint through the determination, including any notifications to the parties, interviews, methods to gather evidence, and hearings;(c) Findings of fact supporting the determination;(d) Conclusions regarding the application of the code to the facts along with the rationale for each determination;(e) Sanctions;(f) Respondent's right to appeal. Where applicable and to the extent permitted by law, the complainant shall be provided with written notice of substantiated violations:(i) The complainant's right to appeal, if any;(ii) Any change to the results that occurs prior to the time that such results become final; and when such results become final (20 U.S.C. 1092(f)).(g) Information regarding the discipline of the respondent will not be released unless:(i) The information contained in the record directly relates to the complainant, such as an order requiring the respondent to not contact the complainant; or(ii) The misconduct involves a crime of violence or other crime as defined in 42 U.S.C. Sec. 13925(a).(11) Finality. The CRO's decision becomes final at either the conclusion or the appeal process under this code, if an appeal is filed, or, if an appeal is not filed, the date on which an appeal would no longer be timely.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-122Full hearing procedures.(1) Scheduling and notification. Full hearings are used for allegations which, if substantiated by a preponderance of the evidence, could be a felony-level crime or could result in a sanction of suspension or expulsion. Following provision of the notice of allegations to the respondent, as set forth in WAC 172-121-110, the SRR office shall arrange for a prehearing conference unless the respondent has admitted responsibility under WAC 172-121-118.(2) General provisions.(a) Hearing authority: The CRO exercises control over hearing proceedings. All procedural questions are subject to the final decision of the CRO. The CRO chairs the disciplinary council.(b) Closed hearings: All conduct review hearings will be closed. Admission of any person to a conduct review hearing shall be at the discretion of the CRO.(c) Consolidation of hearings: In the event that one or more students are charged with the same misconduct arising from the same occurrence, the council may conduct separate hearings for each student or consolidate the hearings as practical, as long as consolidation does not impinge on the rights of any student.(3) Appearance.(a) Failure to appear: In cases where proper notice has been given but the respondent fails to attend a conduct review hearing, the council shall decide the case based on the information available, without the respondent's input. The council may not make an inference about the determination regarding responsibility based solely on a party's or witness's failure to appear at the hearing. However, nonappearance by a party may impact the evidence available for the council to make a decision.(b) Appearance: The parties will be provided options for reasonable alternative arrangements if they do not wish to be present in the same room as the other student during the hearing. The parties may appear at the conduct review hearing in person via a method that allows the council to hear the parties and physically observe them while testifying, subject to the limits set forth below in (e) of this subsection. If a party does not appear at the hearing, the council will decide the case based on the information available. The council cannot draw an inference regarding responsibility based on the failure to appear or refusal to answer cross-examination or other questions.(c) Advisors: The complainant and the respondent may be assisted by one advisor during conduct review hearings as described in WAC 172-121-105.(d) Disruption of proceedings: Any person, including the respondent or advisor, who disrupts a hearing, may be excluded from the proceedings.(e) Remote appearance. In the interest of fairness and expedience, the CRO may permit any person to appear by a method that allows the person to be seen and heard by the council.(4) Standard of evidence. The council shall determine whether the respondent violated the student conduct code, as charged, based on a preponderance of the evidence. A preponderance means, based on the evidence admitted, whether it is more probable than not that the respondent violated the student conduct code.(5) Prehearing conference. The SRR office or designee will arrange for a prehearing conference with the parties to advise them about the student conduct process. During the prehearing conference, the SRR office or designee will:(a) Review the written list of allegations;(b) Inform the respondent who is bringing the complaint against them;(c) Provide the respondent and, where applicable, complainant with a copy of the student conduct code and any other relevant EWU policies;(d) Explain the respondent's and, where applicable, complainant's rights and responsibilities under the student code;(e) Explain the conduct review procedures;(f) Explain possible penalties under the student conduct code;(g) Review the option for admitting responsibility under WAC 172-121-118;(h) Schedule a date for the full hearing; and(i) Address any preliminary matters or motions.(6) Notice of hearing. Following the prehearing conference, the SRR director or designee shall schedule the hearing and serve the respondent and, where applicable, complainant with notice of the date, time, location, participants, and purpose of the hearing. At the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, all or part of any hearing may be conducted by telephone or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place. The notices will include information about how to request accommodations or interpreters for any parties or witnesses. Any request for the presence of an emotional support animal or any other accommodation must be directed to disability support services and approved as a reasonable accommodation in advance of the hearing. A person may bring a certified therapy animal with a handler to a hearing. The notice of hearing must be served on the respondent and complainant at least seven business days prior to the hearing. The director may coordinate with the parties to facilitate scheduling, but is not required to do so.(7) Evidence.(a) Evidence: Pertinent records, exhibits and written statements may be accepted as information for consideration by the council in accordance with RCW 34.05.452. Council may review proposed exhibits prior to the hearing. Any investigation conducted by EWU will be admitted into evidence as long as the investigator testifies at the hearing. Evidence, including hearsay evidence, is admissible if in the judgment of the CRO it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The CRO shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized by Washington courts. The CRO may exclude irrelevant material. If not inconsistent with this section, the CRO shall refer to the Washington rules of evidence as guidelines for evidentiary rulings. Prior or subsequent conduct of the respondent may be considered in determining opportunity, intent, preparation, plan, identity, a pattern of conduct, credibility, or absence of mistake or lack of knowledge.(b) The respondent has the right to view all material presented during the course of the hearing.(c) All testimony of parties and witnesses shall be made under oath or affirmation. Any interpreter shall be proscribed the oath set forth in WAC 10-08-160.(d) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.(e) Official notice may be taken of (i) any easily verifiable facts such as dates or weather conditions, (ii) technical or scientific facts within EWU's specialized knowledge, such as enrollment status or class schedules, and (iii) codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.(f) All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of RCW 34.05.452.(8) Discovery. Discovery is not permitted under the code, except for requests for documentary information from EWU. Either party may request EWU to produce relevant documents in EWU's possession as long as such request is submitted at least five business days prior to the hearing, absent extenuating circumstances. If the CRO determines the request is not relevant to the present allegation, the CRO may deny the request. EWU will provide the requested information prior to the hearing to the extent permitted by state and federal law.(9) Subpoenas.(a) Subpoenas may be issued by the presiding officer or an attorney consistent with RCW 34.05.446. However, for the protection of both parties, a party cannot subpoena the other party. A party may request an exemption from this rule by filing a written request with the presiding officer at least 10 days prior to the hearing. The presiding officer will provide a copy of the request to the other party and give them three days to respond. The presiding officer will then decide whether or not sufficient cause exists to grant an exemption to this rule and will inform the parties of the decision. Any subpoena issued must conform to EWU's subpoena form. Every subpoena shall identify the party causing issuance of the subpoena and shall state EWU's name and the title of the proceeding and shall direct the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under their control.A subpoena to a person to provide testimony at a hearing shall specify the time and place set for hearing.(b) A subpoena may be served by any suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving them a copy thereof, or by leaving such copy at the place of their abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury.(c) The CRO, upon motion by a party or at their own discretion, may quash or modify the subpoena if it is unreasonable or oppressive. Subpoenas may not be used to threaten or intimidate parties or witnesses.(10) Summary judgment. A motion for summary judgment may be granted and an order issued if the written record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.(11) Witnesses.(a) The complainant, respondent, and EWU's presenter may call witnesses at full hearings.(b) The person who wishes to call a witness is responsible for ensuring that the witness is available and present at the time of the hearing. An attorney may subpoena a witness to appear at the hearing. Nonattorneys may request the CRO to subpoena witnesses in accordance with subsection (((4)))(9) of this section. The CRO has the discretion to deny a request to issue a subpoena or to quash a subpoena issued by an attorney if the subpoena is unreasonable, oppressive, or does not conform to EWU's subpoena form.(c) The CRO may exclude witnesses from the hearing room when they are not testifying. The CRO is not required to take the testimony of all witnesses called by the parties if such testimony may be irrelevant.(d) All parties have the right to hear all testimony provided by witnesses during the hearing.(e) The parties should inform the CRO of any possible need for an interpreter or any accommodation requests at least five business days prior to the hearing. The CRO will comply with WAC 10-08-150.(12) Questioning:(a) Through the CRO, the respondent's advisor, and EWU's presenter may ask questions of any witness, or party, including cross-examination questions. If the parties do not have an advisor, they may submit questions in writing to the CRO and the CRO may ask the questions. The CRO may also ask questions, but is not required to do so. The CRO may preclude any questions which they consider irrelevant.(b) The council may ask their own questions of any witness or party called before them.(13) Remote appearance. The CRO may accommodate concerns for personal safety, well-being, or fears of confrontation of any person appearing at the hearing by providing separate facilities, or by permitting participation by video conferencing, or other means that allows the council and parties to see and hear the party answering questions, as determined appropriate, subject to subsection (3)(b) of this section.(14) Deliberations and sanctions. Following the hearing, the council will determine in closed session whether, by a preponderance of the evidence, the respondent violated the student conduct code based on the evidence presented at the hearing. If a student fails to appear, the council shall make a decision based on the information available. The council shall make its decisions based on a majority vote. If the council determines the respondent violated the student conduct code, the CRO shall then decide what sanctions and remedies shall be imposed. The CRO may review the respondent's previous disciplinary history for purposes of determining the appropriate sanction. In addition to sanctions under this code, if the student is also an employee of EWU, the CRO's decision may be forwarded to the student's supervisor to determine whether any employment actions outside of this code should be taken in accordance with EWU policy. The council shall issue a decision including their findings, conclusions, and rationale. The decision shall address credibility issues if credibility or witness demeanor was a substantial factor in the council's decision. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness. The findings shall be based exclusively on the evidence provided at the hearing. If the council finds the respondent violated the code, the CRO shall add the decision regarding sanctions and remedies to the council's decision. Such decisions should be issued within 10 business days from the date of the hearing. The written decision shall also:(a) Be correctly captioned identifying EWU and the name of the proceeding;(b) Designate all parties and representatives participating in the proceeding;(c) Identify the allegations at issue;(d) A description of the procedural steps taken, including notifications to the parties, interviews with the parties and witnesses, site visits, methods used to gather other evidence, and hearings held;(e) Contain appropriate numbered findings of fact meeting the requirements in RCW 34.05.461;(f) Contain appropriately numbered conclusions regarding the application of EWU policies and this code to the facts;(g) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility and any disciplinary sanctions imposed;(h) Contain a statement describing rights to appeal and the procedures for appealing.(15) Finality. The council's and CRO's decision becomes final at either the conclusion or the appeal process under this code, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be timely.(16) Notification to the respondent. The CRO shall serve the respondent with a copy of the decision and notice of the right to appeal.(17) Notification to the complainant. Where applicable and to the extent permitted by law, simultaneous with notification of the decision to the respondent, the complainant shall be provided with written notice of:(a) The university's determination as to whether misconduct occurred;(b) The complainant's right to appeal, if any;(c) Any change to the results that occurs prior to the time that such results become final and when such results become final (20 U.S.C. 1092(f));(d) Information regarding the discipline of the respondent will not be released unless:(i) The information contained in the record directly relates to the complainant, such as a no contact order with the complainant; or(ii) Any remedies provided to the complainant.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-140Supportive measures and interim restrictions.(1) Supportive measures. During the complaint review, the director of SRR or designee, will evaluate the circumstances and determine if any supportive measures to assist or protect the parties during the conduct code process are needed. Supportive measures may be available before or after the filing of a complaint or where no formal complaint is filed. Supportive measures are provided to students free of charge and may include, but are not limited to, safety planning with the university, mutual restrictions on contact between the parties, academic or workplace modifications, providing counseling for the complainant and/or respondent, or campus housing modifications. The purpose of a supportive measure is to provide an equitable process for both students that minimizes the possibility of a hostile environment on campus. Supportive measures are designed to restore or preserve equal access to the university's educational programs or activities without unreasonably burdening either party, including protecting the safety of all parties and the university's educational environment, or deterring harassment.(2) Interim restrictions. The SRR director or designee may take immediate action(s) against a student or student organization after conducting an individualized safety and risk analysis without prior notice or hearing. Simultaneously, the director shall refer the allegations to the conduct review officer. Interim restrictions are subject to the following:(a) Interim restriction actions may only be imposed in the following situations:(i) When a student or student organization poses an immediate threat to:(A) The physical health or safety of any student or any other individual;(B) The student's own physical safety and well-being; or(C) Any property of the EWU community; or(ii) When it is believed that the student's or student organization's continued attendance or presence may cause disorder, substantially interfere with or impede the lawful activities of others, or imperil the physical or mental health and safety of members of the EWU community.(b) During the interim restriction period, a student may be restricted by any or all of the following means:(i) Denial of access including, but not limited to: Assignment to alternate EWU housing or removal from EWU housing, limitation of access to EWU facilities, or restriction of communication with specific individuals or groups;(ii) Interim suspension, including temporary total removal from EWU or restriction of access to campus;(iii) Mandatory medical/psychological assessment of the student's capability to remain enrolled at EWU.(3) The director of SRR or designee will determine what restriction(s) will be placed on a student. The director shall impose the least restrictive measure reasonably available to address the identified risk and should consider a variety of factors such as:(a) The nature, duration, severity, and likelihood of the risk;(b) The connection between the alleged conduct and the restriction;(c) The effect on academic progress, housing, employment, financial aid, immigration status, athletics, and access to university services;(d) Whether a less restrictive alternative would adequately address the risk; and(e) The need to avoid unreasonably burdening another person.(4) The director of SRR or designee will prepare a brief memorandum for record containing the reasons for the interim restriction. The director will serve the ((memorandum))written notice on the restricted student and notify all other persons or offices bound by it. At a minimum, the ((memorandum will state))notice will contain:(a) The alleged ((act(s) or behavior(s) of the student or student organization which prompted the interim restriction;(b) How those alleged act(s) or behavior(s) could constitute a violation of the student conduct code;(c) How the circumstances of the case necessitated the interim restriction action(s); and(d) An explanation of the process for emergency appeal reviews.))conduct;(b) The code provisions potentially implicated;(c) The factual basis for determining that the interim criteria are met;(d) The restriction imposed and its effective date;(e) How the student may maintain access to academic work and essential services;(f) The process and deadline for review;(g) The office available to answer procedural questions; and(h) How to request a reasonable accommodation.(5) Emergency appeal review.(a) If a student has been suspended on an interim basis, the student will automatically receive an emergency appeal review with the vice president for student affairs, or designee. If the interim restriction is something less than a suspension, the student or student organization subject to the interim restriction must file a written appeal with the vice president for student affairs or designee within ((five business))seven calendar days after service of the interim restriction. ((In all cases, the student must submit any information the student wishes the vice president to consider submitted within 10 business days after service of the interim restriction. The appealing party))The respondent should outline the desired modification(s) to the interim restriction as well as the specific challenge(s) to the interim restriction decision. Challenges to interim restriction decisions are limited to the criteria identified in ((WAC 172-121-140(1)))subsection (2) of this section upon which the interim restriction was imposed (threat to health or safety of the EWU community, potential for creating campus disorder, impeding the lawful activity of others, etc.). ((Appealing parties are))The respondent is limited to submitting their own written statements. Any other evidence should be submitted to the investigator or provided to the CRO under the regular hearing process.(b) The vice president for student affairs, or designee, will conduct an emergency appeal review after receiving the respondent's ((review and complainant's response))information, if any. Emergency appeal reviews will address only the interim restriction decision of the director and the basis on which the restriction modification or termination is requested by the appealing party. The emergency appeal review does not replace the regular hearing process. In the emergency appeal review, the vice president will only review materials available to and information considered by the director and/or dean of students at the time the interim restriction was imposed, written statements by the ((appellant))respondent, and information that becomes available as a part of EWU's investigation that the vice president deems relevant.(c) During the emergency appeal review, the vice president for student affairs or designee will review available materials and statements. The vice president for student affairs will issue a written decision upholding, modifying, or terminating the interim restriction action. The written decision shall include a rationale for the basis of the decision and be issued within ((15 business))14 calendar days of the date of service of an interim restriction.(d) The interim restriction does not replace the regular hearing process, which will proceed as quickly as feasible consistent with this chapter.(e) Duration. An interim restriction will remain in effect until terminated, in writing, by the student disciplinary council, CRO, or the vice president for student affairs. An interim restriction remains in effect only while the criteria supporting it continue to exist. The director shall review the restriction at reasonable intervals and whenever materially new information becomes available. EWU shall promptly modify or lift a restriction that is no longer necessary or appropriately tailored.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-302Abuse, threats, and bullying((, and harassment)).(1) ((Abuse. Assault and other forms of physical abuse. Assault is intentionally touching or striking another person in a harmful or offensive way.))Physical abuse. Physical abuse means intentionally or recklessly causing or attempting to cause physical injury to another person. It also includes intentionally engaging in physical contact that the impacted person found to be harmful and seriously offensive and a reasonable person would understand to be harmful or seriously offensive under the circumstances.(2) Threats. A threat ((is any conduct and/or speech that, when viewed objectively, threatens bodily harm to another person or that endangers the health or safety of another person))means a serious expression, through words or conduct, of an intent to commit an act of unlawful violence or cause physical harm to an identified person or group. The communication must be evaluated objectively under the circumstances. If the threat primarily involves speech, the speaker also must have consciously disregarded a substantial, unjustifiable risk that the communications could be viewed as threatening violence. Relevant context may include the language used, surrounding conduct, relationship between the persons involved, prior communications known to the parties, manner of communication, audience, specificity, immediacy, and whether a reasonable person in the recipient's position would understand the communication as a serious expression of intended violence.(3) Bullying. Bullying ((is behavior that is:(a) Intentional;(b) Targeted at an individual or group; and(c) Creates an intimidating and/or threatening environment that is so severe or pervasive, and objectively offensive, that it substantially interferes with another's ability to work, study, participate in, or benefit from EWU's programs and activities))means intentional or reckless conduct directed at a specific person or group that is severe or pervasive, objectively unreasonable, and substantially interferes with the person's ability to access, participate in, or benefit from university education, employment, housing, programs, or activities.Bullying does not include constitutionally protected expression, good-faith academic debate, reasonable supervisory or instructional direction, legitimate performance feedback, or isolated conduct that is merely rude, offensive, or disagreeable unless the conduct independently violates another provision of this code.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-310Failure to comply.(1) Failure to comply with ((lawful and/or)) reasonable and specific directions of university officials, public health officials, or law enforcement officers;(2) 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;(3) Failure to attend any medical treatment or evaluation program when directed to do so by the dean of students or other authorized university official. Students who are not able to afford treatment or evaluation should contact the CRO for possible resources.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-312Deception, forgery, fraud, unauthorized representation.(1) Knowingly ((furnishing false information to the university or a university official))making a materially false statement, omitting material information when disclosure is required, or using deceptive means to obtain a university benefit, avoid a university obligation, influence a university decision, or cause material harm is prohibited.(2) Forgery, alteration, or misuse of 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. It also includes situations where a student knowingly obtains, possesses, or uses another person's identification or financial information with the intent to commit a crime.(3) Forgery, issuing a bad check, or use of another person's access device, such as a debit card, credit card, EBT, or gift card, with intent to defraud.(4) Unauthorized representation. The unauthorized use of the name of the university or the names of members or organizations in the university community.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-313Campus safety.(1) Intentionally activating a false fire alarm.(2) Making a bomb threat.(3) Tampering with fire extinguishers, alarms, or safety equipment.(4) Tampering with elevator controls and/or equipment.(5) ((Failure to evacuate during a fire, fire drill, or false alarm.))Intentionally refusing to evacuate or follow emergency instructions after receiving a lawful and reasonably understandable directive is prohibited unless compliance is not reasonably possible because of disability, medical condition, immediate danger, or another emergency circumstance.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-316Disruptive conduct.(1) Disruptive conduct. Conduct which unreasonably interferes with any person's ability to work or study, or obstructs university operations or campus activities. Disagreement, criticism, protest, advocacy, demonstration, or other expressive activity does not constitute disruptive conduct unless the conduct materially and substantially interferes with university operations or the rights of others and is not otherwise protected by law.In an instructional setting, disruptive conduct may include repeated behavior that materially interferes with teaching or learning after the student has received a clear and reasonable directive to stop or modify the behavior. A student's good-faith question, disagreement, request for clarification, or disability-related conduct is not a violation unless it meets the material-interference standard.(2) Obstruction. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored or university-supervised events.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-317Violations of other laws, regulations, and policies.(1) Any other local, county, state, or federal law that governs a student's behavior that is not specifically included in this code. A student may be subject to action under this chapter for conduct that violates federal, state, or local law only when the conduct affects university safety, operations, property, programs, or a member of the university community consistent with WAC 172-121-040. The decision-maker determines whether or not the violation has occurred based on a preponderance of the evidence. A criminal conviction is not required. An arrest, citation, charge, or accusation does not, by itself, establish a violation. Responsibility must be determined under the standard and procedures in this chapter.(2) Any other university policies, regulations, contracts, or handbook provisions that are not specifically included in this code.AMENDATORY SECTION(Amending WSR 23-01-027, filed 12/9/22, effective 1/9/23)WAC 172-121-321Assisting/attempts.Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this code.A student or student organization assists a violation when the student or student organization knowingly and intentionally aids, encourages, directs, facilitates, solicits, provides material support, or covers up another person's violation. Mere presence, association, friendship, or knowledge without assistance is not sufficient.A student or student organization attempts a violation when the student or student organization intentionally takes a substantial step toward completing that violation. Mere preparation, thought, or discussion is not sufficient unless independently prohibited by this chapter.AMENDATORY SECTION(Amending WSR 24-22-047, filed 10/28/24, effective 11/28/24)WAC 172-121-400Sanctions and remedies.If any student or student organization is found to have committed any of the offenses described in WAC 172-121-300 through 172-121-324, one or more of the sanctions described in this section may be imposed against the student or student organization. ((Imposed sanctions are effective as of the date the CRO or council issues its decision unless the decision specifically identifies an alternative date.)) Failure to comply with any imposed sanction may result in additional sanctions. In addition to the sanction imposed by this code, if a student is also an employee of EWU, EWU may impose additional discipline in accordance with its policies and procedures pertaining to employees.A sanction is a disciplinary consequence imposed on a respondent following a finding of responsibility. Sanctions are identified in subsections (1) and (2) of this section. A remedy is an individualized action intended to address the effects of misconduct, restore access, protect safety, or support the university community. Remedies are not disciplinary sanctions and may be provided to a complainant or other affected person without becoming part of the respondent's disciplinary record, except to the extent the remedy imposes a requirement or restriction on the respondent. Remedies are identified in subsection (4) of this section.(1) Individual student sanctions:(a) Admonition: An oral statement to a student that they have violated EWU rules and regulations.(b) Warning: A notice to the student or student organization that they have violated the standards for student conduct and that any repeated or continuing violation of the same standard, within a specified period of time, may result in more severe disciplinary action. A warning may be verbal or written.(c) Censure: A written reprimand for violation of specified regulations. A censure will also state that more severe disciplinary sanctions may be imposed if the student or student organization is found in violation of any regulation within a stated period of time.(d) Disciplinary probation: A formal action which places one or more conditions, for a specified period of time, on the student's continued attendance. Disciplinary probation sanctions will be executed in writing and will specify the probationary conditions and the period of the probation. A disciplinary probation notice will also inform the student that any further misconduct will automatically involve consideration of suspension. Probationary conditions may include, but are not limited to:(i) Restricting the student's EWU-related privileges;(ii) Limiting the student's participation in extra-curricular activities; and/or(iii) Enforcing a "no contact" order which would prohibit direct or indirect physical and/or verbal contact with specific individuals or groups.(e) Restitution: Reimbursement to EWU or others for damage, destruction, or other loss of property suffered as a result of theft or negligence. Restitution also includes reimbursement for medical expenses incurred due to conduct code violations. Restitution may take the form of appropriate service or other compensation. Failure to fulfill restitution requirements will result in cancellation of the student's registration and will prevent the student from future registration until restitution conditions are satisfied.(f) Fines: The EWU conduct review officer and the student disciplinary council may assess monetary fines up to a maximum of $400 against individual students for violation of EWU rules or regulations or for failure to comply with EWU standards of conduct. Failure to promptly pay such fines will prevent the student from future registration. Failure to pay may also result in additional sanctions.(g) ((Discretionary sanctions: Work assignments, service to EWU community or other related discretionary assignments for a specified period of time as directed by the hearing authority.))Educational or restorative requirements: The respondent may be required to complete a reasonable educational, reflective, skill-building, restorative, or community-focused activity related to the violation. The requirement must:(i) Have a clearly stated learning, accountability, prevention, or repair purpose;(ii) Be reasonably related to the conduct;(iii) Be accessible and capable of completion within the respondent's circumstances;(iv) State the expected product, duration, deadline, and completion standard; and(v) Avoid compelled disclosure of private medical, disability, immigration, trauma, or religious information.(h) Loss of financial aid: In accordance with RCW 28B.10.902, a person who participates in the hazing of another forfeits entitlement to state-funded grants, scholarships or awards for a specified period of time determined by EWU.(i) Assessment: ((Referral for drug/alcohol or psychological assessment may be required.))A narrowly tailored substance-use, behavioral-health, or other professional assessment may be required only when:(i) The assessment is reasonably related to the violation or an individualized, objective safety concern;(ii) The assessment is permitted by law;(iii) The purpose and scope are identified in writing;(iv) The student is permitted to use a qualified provider reasonably available to the student;(v) EWU identifies who is responsible for the cost;(vi) Only information reasonably necessary to confirm completion, recommendations, or fitness for a specific university activity is disclosed to EWU; and(vii) The requirement is not based solely on disability, perceived mental illness, emotional distress, counseling history, or use of prescribed medication.Results of the assessment may lead to the determination that conditions of treatment and further assessment apply to either continued attendance or return after a period of suspension.(j) Suspension: ((Exclusion from classes and other privileges or activities for a specified period of time. Suspensions will be executed through a written order of suspension and will state all restrictions imposed by the suspension, as well as the suspension period and what conditions of readmission, if any, are ordered. Suspensions may be noted on the student's transcript during the period of time the suspension is in effect.))Suspension is a temporary separation from EWU for a specified period. The suspension order shall state:(i) The beginning and ending dates;(ii) The university premises, programs, services, activities, and privileges affected;(iii) Any limited access permitted for health care, disability services, financial aid, records, legal proceedings, or other essential purposes;(iv) The conditions, if any, for return;(v) The process and timeline for seeking readmission or confirming eligibility to return;(vi) The effect on housing, employment, financial aid, athletics, immigration sponsorship, registration, and academic work, to the extent reasonably known; and(vii) Any transcript notation required or permitted by law or university policy.Suspension should be imposed only when a less restrictive sanction would not reasonably address the seriousness of the violation, the risk of recurrence, or the need to protect the university community.Conditions for return must be clearly stated, reasonably related to the conduct or identified risk, capable of objective verification, and reasonably achievable. A student may request clarification or modification when a condition becomes unavailable, inaccessible, unlawful, or impossible to complete despite reasonable effort.(k) Expulsion: ((Permanent separation of the student from EWU with no promise (implied or otherwise) that the student may return at any future time. The student will also be barred from EWU premises. Expulsions may be noted on the student's transcript.))Expulsion is permanent separation from EWU. Expulsion may be imposed only when the seriousness of the conduct, continuing risk, pattern of misconduct, or other compelling circumstances establish that suspension or a less restrictive sanction would be inadequate. The expulsion order shall identify the effective date, scope of premises restrictions, effect on academic records and degree status, and any transcript notation required or permitted by law or university policy.(l) Loss of institutional, financial aid funds: Formal withholding of all or a part of institutional funds currently being received by the student or promised for future disbursement to the student for a specified period of time. Loss of financial aid is subject to the processes outlined in this chapter except any such loss must be approved by the dean of students and the vice president for student affairs before such sanction is imposed.(m) Revocation of degree: A degree awarded by EWU may be revoked for fraud, misrepresentation, or other violation of law or EWU standards. Revocation of a degree is subject to processes outlined in this chapter except that revocation of a degree must also be approved by the EWU president.(n) ((Education: Requirement to successfully complete an educational project designed to create an awareness of the respondent's misconduct.(o))) EWU housing restrictions or removal: ((Separation of the respondent from a residence hall or halls for a definite period of time, after which the respondent may be eligible to return, or permanent restriction. Conditions for readmission may be specified.))A student may be restricted from specified university housing, reassigned, temporarily removed, or permanently removed from university housing when the sanction is reasonably related to the violation or necessary to protect safety, property, access, or the residential community.The decision shall identify:(i) The housing locations affected;(ii) The effective date and duration;(iii) Whether reassignment is available;(iv) The effect on housing charges, dining plans, personal property, and access to essential services;(v) Any conditions for return; and(vi) Coordination with disability-related housing accommodations when applicable.When reasonably possible and consistent with safety, EWU should consider reassignment or a narrower restriction before complete housing removal.(2) Student organizations and/or group sanctions:((Any of the above sanctions may be imposed in addition to those listed below:(a) Probation: Formal action placing conditions on the group's continued recognition by or permission to function at EWU. The probationary conditions will apply for a specified period of time. Violation of the conditions of probation or additional violations while under probation may result in more severe sanctions;(b) Social probation: Prohibition of the group from sponsoring any organized social activity, party or function, or from obtaining a permission for the use of alcoholic beverages at social functions for a specified period of time;(c) Restriction: The temporary withdrawal of EWU or ASEWU recognition for a group, club, society or other organization. Restriction is subject to the processes outlined in this chapter except any restriction must also be approved by the dean of students and the vice president of student affairs before such sanction is imposed;(d) Revocation: The permanent withdrawal of EWU or ASEWU recognition for a group, club, society or other organization. Per RCW 28B.10.902, any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of recognition by EWU;(e) Additional sanctions: In addition to or separately from the above, any one or a combination of the following may be concurrently imposed on the group:(i) Exclusion from intramural competition as a group;(ii) Denial of use of EWU facilities for meetings, events, etc.;(iii) Restitution; and/or(iv) Fines.))Sanctions imposed on a recognized student organization must be based on the organization's own responsibility under WAC 172-121-300 and must be proportionate to the organization's conduct, knowledge, authorization, participation, failure to act, and capacity to prevent recurrence.(a) The conduct of an individual member shall not, by itself, justify an organizational sanction unless the criteria for organizational responsibility are established. Before imposing a restriction, suspension, or revocation of recognition, EWU shall consider:(i) The organization's role in the violation;(ii) Whether officers or leaders authorized, encouraged, concealed, or failed to address the conduct;(iii) The organization's response after learning of the conduct;(iv) The effect of the sanction on current members who were not involved;(v) Whether leadership changes, supervision, education, or narrower activity restrictions could reasonably address the concern; and(vi) The organization's history and corrective efforts.(b) Any of the above sanctions may be imposed in addition to those listed below:(i) Organizational probation: A specified period during which the organization remains recognized but must comply with stated conditions. The decision shall identify the duration, conditions, monitoring process, completion requirements, and potential consequences of new misconduct or material noncompliance.(ii) Social probation: A temporary limitation on specifically identified organization activities, events, recruitment, travel, use of alcohol, or other privileges reasonably related to the violation. The decision shall identify the activities affected, duration, reason for the restriction, and any conditions for restoration.(iii) Suspension of university recognition: Temporary withdrawal of specified rights and privileges of recognition by the university or ASEWU for a stated period. The decision shall identify which rights are suspended, any activities the organization may continue, conditions for reinstatement, and the process for confirming completion. Suspension of recognition must be approved by the dean of students.(iv) Revocation of recognition: Permanent withdrawal of university or ASEWU recognition may be imposed when the organization's conduct, pattern of violations, failure to take corrective action, or continuing risk establishes that a less restrictive sanction would be inadequate. Revocation of recognition must be approved by the dean of students. Per RCW 28B.10.902, any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of recognition by EWU.(v) Additional sanctions: In addition to or separately from the above, any one or a combination of the following may be concurrently imposed on the group:(A) Restriction from specified intramural, recreational, leadership, recruitment, travel, or event activities;(B) Restriction on use of specified EWU facilities;(C) Required education, advising, supervision, risk-management planning, or policy revision;(D) Restitution;(E) Removal or ineligibility of specified officers when their conduct or leadership failure is directly related to the violation;(F) Membership review or other corrective action consistent with applicable law and university policy; and(G) Other narrowly tailored conditions reasonably related to the violation.(3) Sanctioning factors and written rationale. In determining an appropriate sanction, the conduct review officer shall consider, as applicable:(a) The nature, severity, duration, and impact of the conduct;(b) The respondent's level of intent, knowledge, recklessness, or negligence;(c) Whether the conduct was isolated, repeated, planned, or part of a pattern;(d) The respondent's role in the conduct;(e) The actual or reasonably foreseeable harm caused;(f) The need to protect individuals or the university community;(g) The respondent's prior disciplinary history, when relevant and not remote;(h) The respondent's acceptance of responsibility, efforts to repair harm, and demonstrated understanding of impact;(i) Relevant aggravating and mitigating circumstances;(j) The likely educational value and effectiveness of the sanction;(k) The respondent's ability to complete the sanction;(l) The academic, financial, housing, immigration, disability-related, employment, and other collateral effects of the sanction;(m) Sanctions imposed in reasonably similar prior cases; and(n) Any requirements imposed by law.The CRO shall prepare a written decision identifying each sanction imposed, the purpose of each requirement, the relevant sanctioning factors considered, the deadline or duration, the method for documenting completion, the consequences of noncompliance, and any process for requesting modification. Unless immediate implementation is reasonably necessary to protect safety or prevent substantial disruption, sanctions shall become effective when the decision becomes final under this chapter. The decision may specify an earlier or later effective date and shall explain the reason. Interim restrictions are governed by WAC 172-121-140.(4) Remedies. The university may provide remedies to the complainant and other students impacted by a student's conduct designed to restore or preserve equal access to the university's educational programs or activities.