Title 106 WAC — Central Washington University

Chapter 106-08 Practice and procedure.

Wash. Admin. Code § 106-08-001 Regular meetings.

The regular meetings of the board of trustees of Central Washington University shall be held in Room 412 in Barge Hall on the Central Washington University campus in Ellensburg, Washington.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-001, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-08-001, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-08-001, filed 5/16/79
WSR 78-12-023 (Order 42), § 106-08-001, filed 11/14/78
WSR 78-08-011 (Order 39), § 106-08-001, filed 7/11/78
Order 3244, § 106-08-001, filed 12/8/71.

Wash. Admin. Code § 106-08-002 Formal hearing policy.

In each instance that a formal hearing is required by institutional policy or chapter 34.05 RCW, the provisions of WAC 106-08-002 through 106-08-999 shall be applicable.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-002, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-002, filed 12/8/71.

Wash. Admin. Code § 106-08-005 Definitions.

As used herein, the term "agency" shall mean the board of trustees of Central Washington University or any duly appointed hearing officer or officers.

History

Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-08-005, filed 7/11/78
Order 3244, § 106-08-005, filed 12/8/71.

Wash. Admin. Code § 106-08-010 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-010, filed 10/31/91, effective 12/1/91
Order 3244, § 106-08-010, filed 12/8/71.

Wash. Admin. Code § 106-08-020 Appointment of presiding officers.

The president or president's designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-020, filed 10/31/91, effective 12/1/91.

Wash. Admin. Code § 106-08-030 Application for adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address:

Business Office

Central Washington University

Ellensburg, WA 98926

Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-030, filed 10/31/91, effective 12/1/91.

Wash. Admin. Code § 106-08-040 Adjudicative proceedings open.

All adjudicative proceedings shall be open to the public, with the exception of student, faculty, and administrative, civil service-exempt disciplinary proceedings unless the subject of the proceedings chooses an open proceeding.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-040, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-040, filed 10/31/91, effective 12/1/91.

Wash. Admin. Code § 106-08-050 Brief adjudicative proceedings.

(1) The university will conduct brief adjudicative proceedings in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted.

(2) Except as otherwise provided by rule or as determined in a particular case by the university president (or designee), brief adjudicative proceedings shall be used to hear appeals of administrative actions relating to the following matters:

(a) Parking and traffic citations;

(b) Outstanding student debts or employee overpayments;

(d) Library fines;

(e) Challenges to contents of student education records;

(f) Removal from student housing or denial of student eligibility to participate in intercollegiate athletics;

(g) Student disciplinary action as defined under the student conduct code, except for a decision referring the matter to the student conduct council, a decision imposing a sanction of conduct suspension in excess of ten instructional days, or a decision imposing a sanction of conduct expulsion; or

(h) Administrative decisions regarding mandatory tuition and/or fee waivers.

(3) Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt and fair resolution of the matter.

(4) The administrative record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. Such records shall be maintained as the official record of the proceedings.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-08-050, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-08-050, filed 11/23/15, effective 12/24/15. Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-050, filed 10/31/91, effective 12/1/91.

Wash. Admin. Code § 106-08-060 Discovery in adjudicative proceedings.

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-060, filed 10/31/91, effective 12/1/91.

Wash. Admin. Code § 106-08-070 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-070, filed 10/31/91, effective 12/1/91.

Wash. Admin. Code § 106-08-080 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 106-08-040, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-080, filed 10/31/91, effective 12/1/91. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-08-080, filed 7/11/78
Order 3244, § 106-08-080, filed 12/8/71.

Wash. Admin. Code § 106-08-090 Service of process—By whom served.

The agency shall cause to be served all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be served by the party filing it.

History

Order 3244, § 106-08-090, filed 12/8/71.

Wash. Admin. Code § 106-08-100 Petitions for stay of effectiveness.

Disposition of a petition for stay of effectiveness of a final order shall be made by the official, officer, or body of officers, who entered the final order.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-100, filed 10/31/91, effective 12/1/91
Order 3244, § 106-08-100, filed 12/8/71.

Wash. Admin. Code § 106-08-110 Service of process—Service upon parties.

The final order, and any other paper required to be served by the agency upon a party, shall be served upon such party or upon the agent designated by him or her or by law to receive service of such papers, and a copy shall be furnished to counsel of record.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-110, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-110, filed 12/8/71.

Wash. Admin. Code § 106-08-120 Transmittal of initial orders.

Initial orders prepared in compliance with RCW 34.05.461 shall be transmitted to the president, who in turn shall enter a final order after considering the record and evidence.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-120, filed 10/31/91, effective 12/1/91
Order 3244, § 106-08-120, filed 12/8/71.

Wash. Admin. Code § 106-08-130 Service of process—When service complete.

Service upon parties shall be regarded as complete: By mail, upon deposit in the United States mail properly stamped and addressed; by telegraph, when deposited with a telegraph company properly addressed and with charges prepaid.

History

Order 3244, § 106-08-130, filed 12/8/71.

Wash. Admin. Code § 106-08-140 Service of process—Filing with agency.

Papers required to be filed with the agency shall be deemed filed upon actual receipt by the secretary of the agency at Ellensburg, Washington, accompanied by proof of service upon parties required to be served.

History

Order 3244, § 106-08-140, filed 12/8/71.

Wash. Admin. Code § 106-08-230 Depositions and interrogatories in contested cases—Right to take.

Except as may be otherwise provided, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding, except that leave must be obtained if notice of the taking is served by a proponent within twenty days after the filing of a complaint, application or petition. Depositions shall be taken only in accordance with this rule.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-230, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-230, filed 12/8/71.

Wash. Admin. Code § 106-08-240 Depositions and interrogatories in contested cases—Scope.

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding.

History

Order 3244, § 106-08-240, filed 12/8/71.

Wash. Admin. Code § 106-08-250 Depositions and interrogatories in contested cases—Officer before whom taken.

Within the United States or within a territory or insular possession subject to the dominion of the United States depositions shall be taken before an officer authorized to administer oaths by the laws of the state of Washington or of the place where the examination is held; within a foreign country, depositions shall be taken before a secretary of an embassy or legation, consul general, vice consul or consular agent of the United States, or a person designated by the agency or agreed upon by the parties by stipulation in writing filed with the agency. Except by stipulation, no deposition shall be taken before a person who is a party or the privy of a party, or a privy of any counsel of a party, or who is financially interested in the proceedings.

History

Order 3244, § 106-08-250, filed 12/8/71.

Wash. Admin. Code § 106-08-260 Depositions and interrogatories in contested cases—Authorization.

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than three days in writing to the agency and all parties. The notice shall state the time and place for taking the deposition, the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. On motion of a party upon whom the notice is served, the agency may for cause shown, enlarge or shorten the time. If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice and in any manner and when so taken may be used as other depositions.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-260, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-260, filed 12/8/71.

Wash. Admin. Code § 106-08-270 Depositions and interrogatories in contested cases—Protection of parties and deponents.

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the agency may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed, the deposition shall be opened only by order of the agency, or that business secrets or secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the agency; or the agency may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the agency may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as above provided. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the agency. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

History

Order 3244, § 106-08-270, filed 12/8/71.

Wash. Admin. Code § 106-08-280 Depositions and interrogatories in contested cases—Oral examination and cross-examination.

Examination and cross-examination shall proceed as at an oral hearing. In lieu of participating in the oral examination, any party served with notice of taking a deposition may transmit written cross interrogatories to the officer who, without first disclosing them to any person, and after the direct testimony is complete, shall propound them seriatim to the deponent and record or cause the answers to be recorded verbatim.

History

Order 3244, § 106-08-280, filed 12/8/71.

Wash. Admin. Code § 106-08-290 Depositions and interrogatories in contested cases—Recordation.

The officer before whom the deposition is to be taken shall put the witness on oath and shall personally or by someone acting under the officer's direction and in the officer's presence, record the testimony by typewriter directly or by transcription from stenographic notes, wire or record recorders, which record shall separately and consecutively number each interrogatory. Objections to the notice, qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented or to the conduct of the officer, or of any party, shall be noted by the officer upon the deposition. All objections by any party not so made are waived.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-290, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-290, filed 12/8/71.

Wash. Admin. Code § 106-08-300 Depositions and interrogatories in contested cases—Signing attestation and return.

(1) When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefore; and the deposition may then be used as fully as though signed, unless on a motion to suppress the agency holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(2) The officer shall certify on the deposition that the witness was duly sworn by him or her and that the deposition is a true record of the testimony given by the witness. The officer shall then securely seal the deposition in an envelope endorsed with the title of proceeding and marked "Deposition of (here insert name of witness)" and shall promptly send it by registered or certified mail to the agency for filing. The party taking the deposition shall give prompt notice of its filing to all other parties. Upon payment of reasonable charges therefore, the officer shall furnish a copy of the deposition to any party or to the deponent.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-300, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-300, filed 12/8/71.

Wash. Admin. Code § 106-08-310 Depositions and interrogatories in contested cases—Use and effect.

Subject to rulings by the agency upon objections a deposition taken and filed as provided in this rule will not become a part of the record in the proceeding until received in evidence by the agency upon its own motion or the motion of any party. Except by agreement of the parties or ruling of the agency, a deposition will be received only in its entirety. A party does not make a party, or the privy of a party, or any hostile witness his or her witness by taking a deposition. Any party may rebut any relevant evidence contained in a deposition whether introduced by him or her or any other party.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-310, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-310, filed 12/8/71.

Wash. Admin. Code § 106-08-320 Depositions and interrogatories in contested cases—Fees of officers and deponents.

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington, which fees shall be paid by the party at whose instance the depositions are taken.

History

Order 3244, § 106-08-320, filed 12/8/71.

Wash. Admin. Code § 106-08-330 Depositions upon interrogatories—Submission of interrogatories.

Where the deposition is taken upon written interrogatories, the party offering the testimony shall separately and consecutively number each interrogatory and file and serve them with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom they are to be taken. Within ten days thereafter a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five days thereafter, the latter may serve redirect interrogatories upon the party who served cross-interrogatories.

History

Order 3244, § 106-08-330, filed 12/8/71.

Wash. Admin. Code § 106-08-340 Depositions upon interrogatories—Interrogation.

Where the interrogatories are forwarded to an officer authorized to administer oaths as provided in WAC 106-08-250 the officer taking the same after duly swearing the deponent, shall read to the deponent seriatim, one interrogatory at a time and cause the same and the answer thereto to be recorded before the succeeding interrogatory is asked. No one except the deponent, the officer, and the court reporter or stenographer recording and transcribing it shall be present during the interrogation.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-340, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-340, filed 12/8/71.

Wash. Admin. Code § 106-08-350 Depositions upon interrogatories—Attestation and return.

The officer before whom interrogatories are verified or answered shall:

(1) Certify under the officer's official signature and seal that the deponent was duly sworn by him or her, that the interrogatories and answers are a true record of the deponent's testimony, that no one except deponent, the officer and the stenographer were present during the taking, and that neither the officer nor the stenographer is a party, privy to a party, or interested in the event of the proceedings, and

(2) Promptly send by registered or certified mail the original copy of the deposition and exhibits with the officer's attestation to the agency, one copy to the counsel who submitted the interrogatories and another copy to the deponent.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-350, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-350, filed 12/8/71.

Wash. Admin. Code § 106-08-360 Depositions upon interrogatories—Provisions of deposition rule.

In all other respects, depositions upon interrogatories shall be governed by the previous deposition rule.

History

Order 3244, § 106-08-360, filed 12/8/71.

Wash. Admin. Code § 106-08-400 Hearing officers.

In each instance that a formal hearing is required by institutional policy or chapter 34.05 RCW, and upon receipt of a request for a formal hearing filed in accordance with chapter 34.05 RCW, the chair, vice chair, or another member of the board of trustees, on the basis of longevity and in the preceding order, may appoint one or more hearing officers, not to exceed three for any one hearing, to preside over, conduct and make proposals for decisions, including findings of fact and conclusions of law, in each instance, and shall afford an opportunity for a formal hearing after not less than ten days notice and provide such individual requesting formal hearing with notice of the hearing in accordance with the provisions of chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-400, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-400, filed 12/8/71.

Wash. Admin. Code § 106-08-410 Hearing procedures.

Each hearing shall be conducted in the manner provided for in these rules and in chapter 34.05 RCW.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-410, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-410, filed 12/8/71.

Wash. Admin. Code § 106-08-420 Duties of hearing officers.

(1) All hearing officers appointed in accordance with WAC 106-08-400 shall conduct hearings in the same manner and shall have the same authority as provided in hearings by the board of trustees as set forth in these rules and in chapter 34.05 RCW: Provided, That hearing officers shall only make proposals for decisions.

(2) The proposals for decisions and findings of fact and conclusions of law shall be forthwith served upon the parties and transmitted to the board of trustees, together with a record of the proceeding. Within thirty days of service of such proposal for decisions, any party adversely affected may file exceptions, and thereafter all parties may present written argument to the board of trustees, which shall consider the whole record or such portions as may be cited by the parties, and after such review the board shall announce its decision and final action to be taken.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-420, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-420, filed 12/8/71.

Wash. Admin. Code § 106-08-430 Stipulations and admissions of record.

The existence or nonexistence of a material fact, as made or agreed in a stipulation or in an admission of record, will be conclusively presumed against any party bound thereby, and no other evidence with respect thereto will be received upon behalf of such party, provided:

(1) Upon whom binding. Such a stipulation or admission is binding upon the parties by whom it is made, their privies and upon all other parties to the proceeding who do not expressly and unequivocally deny the existence or nonexistence of the material fact so admitted or stipulated, upon the making thereof, if made on the record at a prehearing conference, oral hearing, oral argument, or by a writing filed and served upon all parties within five days after a copy of such stipulation or admission has been served upon them;

(2) Withdrawal. Any party bound by a stipulation or admission of record at any time prior to final decision may be permitted to withdraw the same in whole or in part by showing to the satisfaction of the agency that such stipulation or admission was made inadvertently or under a bona fide mistake of fact contrary to the true fact and that its withdrawal at the time proposed will not unjustly prejudice the rights of other parties to the proceeding.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-430, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-430, filed 12/8/71.

Wash. Admin. Code § 106-08-440 Definition of issues before hearing.

In all proceedings the issues to be adjudicated shall be made initially as precise as possible, in order that the agency may proceed promptly to conduct the hearings on relevant and material matter only.

History

Order 3244, § 106-08-440, filed 12/8/71.

Wash. Admin. Code § 106-08-450 Continuances.

Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his or her knowledge, notify the agency of said desire, stating in detail the reasons why such continuance is necessary. The agency, in passing upon a request for continuance, shall consider whether such request was promptly and timely made. For good cause shown, the agency may grant such a continuance and may at any time order a continuance upon its motion. During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the agency may in its discretion continue the hearing and fix the date for introduction of additional evidence or presentation of argument. Such oral notice shall constitute final notice of such continued hearing.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-450, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-450, filed 12/8/71.

Wash. Admin. Code § 106-08-460 Rules of evidence—Admissibility criteria.

Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the agency is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. In passing upon the admissibility of evidence, the agency shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings, in matters not involving trial by jury, in the superior court of the state of Washington.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-460, filed 9/30/94, effective 10/31/94
Order 3244, § 106-08-460, filed 12/8/71.

Wash. Admin. Code § 106-08-470 Tentative admission—Exclusion—Discontinuance—Objections.

When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The agency may, in its discretion, either with or without objection, exclude inadmissible evidence or order cumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time such evidence is offered.

History

Order 3244, § 106-08-470, filed 12/8/71.

Wash. Admin. Code § 106-08-480 Form and content of decisions in contested cases.

Every decision and order, whether proposed, initial, or final, shall:

(1) Be correctly captioned as to name of agency and name of proceeding;

(2) Designate all parties and counsel to the proceeding;

(3) Include a concise statement of the nature and background of the proceeding;

(4) Be accompanied by appropriate numbered findings of fact and conclusions of law;

(5) Whenever practical, the conclusions of law shall include the reason or reasons for the particular order or remedy afforded;

(6) Wherever practical, the conclusions and/or order shall be referenced to specific provisions of the law and/or regulations appropriate thereto, together with reasons and precedents relied upon to support the same.

History

Order 3244, § 106-08-480, filed 12/8/71.

Chapter 106-20 Organization.

Wash. Admin. Code § 106-20-100 Organization—Operation—Information.

(1) Organization. Central Washington University is established in Title 28B RCW as a public institution of higher education. The institution is governed by a seven-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administration office is located at the following address:

Business Office

Central Washington University

400 East 8th Avenue

Ellensburg, WA 98926-7481

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following addresses:

CWU Lynnwood Center

20000 68th Avenue West SKB

Lynnwood, WA 98036

CWU SeaTac Center

2450 South 142nd St

SeaTac, WA 98188

CWU Steilacoom Center

9401 Farwest Drive SW

Tacoma, WA 98498

CWU Yakima Center

P.O. Box 1647

16th Avenue and Nob Hill Blvd

Yakima, WA 98907

(3) Information. Additional and detailed information concerning educational offerings may be obtained from the catalog, copies of which are available at the following address:

Academic Services

Central Washington University

400 East 8th Avenue

Ellensburg, WA 98926-7463

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-20-100, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). WSR 91-23-031 (Order CWU AO 69), § 106-20-100, filed 11/12/91, effective 12/13/91.

Chapter 106-50 Rules coordinator.

Wash. Admin. Code § 106-50-100 Address of rules coordinator.

The rules coordinator for this institution shall have an office in the following location:

President's Office

Central Washington University

400 East 8th Avenue

Ellensburg, WA 98926-7501

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-50-100, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). WSR 91-23-031 (Order CWU AO 69), § 106-50-100, filed 11/12/91, effective 12/13/91.

Chapter 106-72 Equal opportunity/affirmative action.

Wash. Admin. Code § 106-72-004 Equal opportunity and nondiscrimination.

Central Washington University's policies and practices affirm and actively promote the rights of all individuals to equal opportunity in education and employment. Discrimination on the basis of race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, or status as a protected veteran is prohibited. The university provides an internal procedure for reporting discrimination and affords protection against retaliation for participating in the complaint process. Central Washington University complies with all applicable federal, state, and local laws, regulations, and executive orders including when soliciting bids and in the fulfillment of all contracts with governmental agencies.

History

Statutory Authority: RCW 28B.10528 [28B.10.528] and 28B.35.120. WSR 10-11-061, § 106-72-004, filed 5/13/10, effective 6/13/10.

Chapter 106-116 Parking and traffic regulations.

Wash. Admin. Code § 106-116-011 Preamble.

Drivers on the property of Central Washington University are responsible for their vehicle's safe and lawful operation. A CWU parking permit or daily permit is required in designated parking lots. Individuals operating or parking vehicles on university-owned property must do so in compliance with these regulations, and ordinances and laws of the city of Ellensburg, county of Kittitas, and state of Washington.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-011, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-011, filed 1/13/78
Order 24, § 106-116-011, filed 7/30/75.

Wash. Admin. Code § 106-116-020 Objectives of parking and traffic rules and regulations.

(1) To protect and control pedestrian and vehicular traffic.

(2) To assure access at all times for emergency equipment.

(3) To minimize traffic disturbance during class hours.

(4) To facilitate the work of the university by assuring access by vehicles and by assigning the limited parking space for the most efficient use.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-020, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-020, filed 1/13/78
Order 15, § 106-116-020, filed 8/17/73.

Wash. Admin. Code § 106-116-030 Applicable traffic rules and regulations.

(1) The motor vehicle code and other traffic laws of the state of Washington shall be applicable upon all lands located within the state of Washington.

(2) The traffic code of the city of Ellensburg shall be applicable upon all lands located within the city of Ellensburg.

(3) These regulations shall be applicable to all lands owned and leased by Central Washington University.

History

Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-030, filed 1/13/78
Order 15, § 106-116-030, filed 8/17/73.

Wash. Admin. Code § 106-116-042 Infractions.

The public safety and police services department and its duly sworn officers have authority to issue infractions for violations of Washington Administrative Codes and ordinances and laws of the city of Ellensburg, county of Kittitas, and state of Washington, when violations occur.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-042, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-042, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-042, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-08-010 (Order 46), § 106-116-042, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-042, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-042, filed 1/13/78
Order 24, § 106-116-042, filed 7/30/75.

Wash. Admin. Code § 106-116-102 Permit required.

(1) A permit is required for all motor vehicles that park on posted university grounds at specified times. Fees may be charged and parking permits issued, which will allow vehicles to be parked in specific areas.

(2) A faculty, staff, or student owner, operator, and/or permit holder for a motor vehicle shall be held responsible for any violation involving that vehicle.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-102, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-08-010 (Order 46), § 106-116-102, filed 3/23/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-102, filed 1/13/78
Order 19, § 106-116-102, filed 8/22/74
Order 15, § 106-116-102, filed 8/17/73.

Wash. Admin. Code § 106-116-103 Additional or replacement vehicles.

If you have a current CWU parking permit and obtain an additional or different motor vehicle, you must register that vehicle with parking services.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-103, filed 8/30/02, effective 9/30/02. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-103, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-103, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-103, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-103, filed 1/13/78
Order 19, § 106-116-103, filed 8/22/74
Order 15, § 106-116-103, filed 8/17/73.

Wash. Admin. Code § 106-116-10401 Animal traffic.

It shall be unlawful for any person to drive, lead, walk, or ride any cattle, horse, or beast of burden upon any of the lawns, beds, sidewalks, malls, service drives, or parking lots of Central Washington University except as authorized by permit by the chief of public safety and police services for parades and university-sponsored activities.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-10401, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-10401, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-10401, filed 1/13/78
Order 32, § 106-116-10401, filed 3/1/77.

Wash. Admin. Code § 106-116-201 Permitted parking areas.

University-owned parking areas are posted with permitting requirements. Permit requirements will be enforced Monday through Friday, 7:30 a.m. to 4:30 p.m., unless otherwise posted. No parking is permitted from 2:00 a.m. to 6:00 a.m. where posted. During quarter breaks, parking services may designate a specific lot for parking vehicles that will remain parked in a university parking lot for the quarter break.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-201, filed 2/6/07, effective 3/9/07
WSR 02-18-077, § 106-116-201, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-201, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-201, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-201, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 87-23-012 (Order 61), § 106-116-201, filed 11/9/87. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-201, filed 11/7/86. Statutory Authority: RCW 28B.35.120(11). WSR 84-08-044 (Order 55), § 106-116-201, filed 4/2/84
WSR 83-13-034 (Order 53), § 106-116-201, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-201, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-201, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-201, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-116-201, filed 5/16/79
WSR 78-02-023 (Order 37), § 106-116-201, filed 1/13/78
Order 32, § 106-116-201, filed 3/1/77
Order 28, § 106-116-201, filed 8/2/76
Order 24, § 106-116-201, filed 7/30/75
Order 15, § 106-116-201, filed 8/17/73.

Wash. Admin. Code § 106-116-202 No parking areas.

The university reserves the right to close specific lots to permit holders and designate parking lot use for special events (i.e., sports events, concerts, camps, etc.).

Parking is permitted only in areas designated and marked for parking in accordance with all signs posted in the designated parking area.

For example, prohibited areas include fire hydrants, fire lanes, yellow curb zones, crosswalks, driveways, service drives, or any area not expressly permitted by sign or these regulations. Vehicles are not permitted to be parked on any undeveloped university property without the approval of the chief of the public safety and police services. This section will be enforced twenty-four hours a day.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-202, filed 2/6/07, effective 3/9/07. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-202, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-202, filed 11/3/81
WSR 80-11-027 (Order 45), § 106-116-202, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-202, filed 1/13/78
Order 24, § 106-116-202, filed 7/30/75
Order 19, § 106-116-202, filed 8/22/74
Order 15, § 106-116-202, filed 8/17/73.

Wash. Admin. Code § 106-116-203 Specific parking prohibitions.

(1) Parking in areas and places normally used for moving traffic is a specific violation of these regulations.

(2) Parking in such a position with relation to other parked cars or marked parking spaces as to impede, restrict, or prevent free ingress or egress by other automobiles violates these regulations.

(3) Parking in areas marked for a special permit or clearly designated by signing for special use not available to the general public or regular permit holders is prohibited. Examples: Parking in a space marked "disability permit only," or "health center permit only," or "psychology permit only."

(4) Parking and/or driving on sidewalks is prohibited.

(5) Parking or driving on lawns or flower beds is prohibited.

(6) Compact car zones are placed there for safety reasons. These spaces are to be used by small cars only. This restriction includes any size of the following vehicles: Pickups, sport utility vehicles, station wagons or any other large vehicles.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-203, filed 2/6/07, effective 3/9/07
WSR 04-17-067, § 106-116-203, filed 8/12/04, effective 9/12/04. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-203, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-203, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 87-23-012 (Order 61), § 106-116-203, filed 11/9/87. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-203, filed 11/7/86. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-203, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-203, filed 11/3/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-203, filed 1/13/78
Order 16, § 106-116-203, filed 10/19/73.

Wash. Admin. Code § 106-116-205 Apartment residents.

Apartment residents may be required to display resident parking identification permits to park in the parking area adjacent to their respective apartments but must register their vehicles with the housing office.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-205, filed 2/6/07, effective 3/9/07
WSR 98-23-022, § 106-116-205, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-205, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-205, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 87-23-012 (Order 61), § 106-116-205, filed 11/9/87. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-205, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-205, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-205, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-205, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-116-205, filed 5/16/79
WSR 78-02-023 (Order 37), § 106-116-205, filed 1/13/78
Order 24, § 106-116-205, filed 7/30/75
Order 15, § 106-116-205, filed 8/17/73.

Wash. Admin. Code § 106-116-206 Locating legal parking space.

(1) The responsibility for locating legal parking space rests with the operator of the motor vehicle. Lack of space will not be considered a valid excuse for violating any parking regulation.

(2) The fact that a person may park or observe others parked in violation of the regulations without receiving an infraction notice does not mean that the regulation is no longer in effect.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-206, filed 11/7/86
Order 15, § 106-116-206, filed 8/17/73.

Wash. Admin. Code § 106-116-207 Staff parking.

Staff parking zones are posted and require staff permits.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-207, filed 2/6/07, effective 3/9/07
WSR 98-23-022, § 106-116-207, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-207, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-207, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-207, filed 11/3/81
WSR 80-11-027 (Order 45), § 106-116-207, filed 8/14/80
Order 15, § 106-116-207, filed 8/17/73.

Wash. Admin. Code § 106-116-208 Fire lanes and service drives.

Parking is not allowed at any time in the service drives or fire lanes of any campus building. Fire lanes and service drives may be used by service and emergency vehicles. After the required load/unload permit has been obtained, vendor and student-owned vehicles may use the service drives to load or unload items. These permits are available at the public safety and police services department or the parking kiosk.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-208, filed 8/30/02, effective 9/30/02. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-208, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-208, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-208, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-208, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-208, filed 1/13/78
Order 24, § 106-116-208, filed 7/30/75
Order 15, § 106-116-208, filed 8/17/73.

Wash. Admin. Code § 106-116-210 Parking within designated spaces.

All vehicles shall be parked between designated lines or spaces otherwise designated.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-210, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-210, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-210, filed 11/7/86
Order 15, § 106-116-210, filed 8/17/73.

Wash. Admin. Code § 106-116-212 Liability.

Neither the university nor its employees shall be liable for damages to or theft from a vehicle while parked in university-owned parking lots.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-212, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-212, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-212, filed 1/13/78
Order 15, § 106-116-212, filed 8/17/73.

Wash. Admin. Code § 106-116-213 Parking of trailers, campers, and similar purpose vehicles on campus.

It shall be unlawful for any individual, firm, or corporation to park any type of vehicle on the grounds of Central Washington University for the purpose of using such vehicle as a living unit.

Any exception must be approved, in writing; by the chief of public safety and police services.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-213, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-213, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-213, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-213, filed 1/13/78
Order 28, § 106-116-213, filed 8/2/76
Order 24, § 106-116-213, filed 7/30/75
Order 15, § 106-116-213, filed 8/17/73.

Wash. Admin. Code § 106-116-214 Mall traffic.

(1) Only service vehicles are permitted on pedestrian malls at times of very light pedestrian traffic.

(2) Vehicles on clear emergency business with warning equipment operating are an exception to the provisions of this paragraph. Examples: Fire trucks, ambulances, police cars, and equipment for emergency repair.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-214, filed 11/3/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-214, filed 1/13/78
Order 16, § 106-116-214, filed 10/19/73.

Wash. Admin. Code § 106-116-303 Display of permits.

(1) Parking permits shall be conspicuously hung from the inside rearview mirror, or other location specified at time of issuance.

(2) Special permits must be displayed in the manner described at time of issuance.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-303, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-303, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-303, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-303, filed 11/3/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-303, filed 1/13/78
Order 24, § 106-116-303, filed 7/30/75
Order 15, § 106-116-303, filed 8/17/73.

Wash. Admin. Code § 106-116-304 Disability parking permit.

Any university employee, student, or visitor who can show physical disability may apply at disability support services for a disability parking permit. Certification by a physician may be required. Disability permits issued by the state of Washington in all forms and disability permits issued by other state agencies or institutions shall be honored. Additionally, a CWU parking permit or daily permit is necessary in parking lots normally requiring permits.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-304, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-304, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-304, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-304, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-304, filed 3/23/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-116-304, filed 5/16/79
WSR 78-02-023 (Order 37), § 106-116-304, filed 1/13/78
Order 19, § 106-116-304, filed 8/22/74
Order 15, § 106-116-304, filed 8/17/73.

Wash. Admin. Code § 106-116-305 General permits.

(1) Daily parking permits are available from the automatic ticket dispensers and cashier's office. These permits must be displayed in clear view on the dash of the vehicle or as instructed on the permit, readable from outside the vehicle.

(2) Thirty-minute "load/unload permits" are available for loading and unloading. Load/unload permits are available to vendors conducting business on campus, service vehicles, and student vehicles. Load/unload permits are available at the public safety and police services department and the parking kiosk.

(3) No permits are available for inoperative or disabled vehicles. Public safety and police services should be contacted if your vehicle becomes disabled in a university-owned parking lot.

(4) Quarterly, academic year, and calendar year permits are available to staff and students through the cashier's office and parking services.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-305, filed 2/6/07, effective 3/9/07
WSR 04-17-067, § 106-116-305, filed 8/12/04, effective 9/12/04
WSR 02-18-077, § 106-116-305, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-305, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-305, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-305, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-305, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-305, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-305, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-305, filed 1/13/78
Order 24, § 106-116-305, filed 7/30/75
Order 15, § 106-116-305, filed 8/17/73.

Wash. Admin. Code § 106-116-308 Replacement of parking permit.

Lost or stolen parking permits must be reported to the public safety and police services department. A replacement request must be completed at parking services. Upon verification, the permit may be replaced for a $10.00 processing fee.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-308, filed 2/6/07, effective 3/9/07
WSR 02-18-077, § 106-116-308, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-308, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-308, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-308, filed 8/14/80
Order 24, § 106-116-308, filed 7/30/75
Order 15, § 106-116-308, filed 8/17/73.

Wash. Admin. Code § 106-116-310 Contractor parking permits.

All contractors responsible for construction projects on the campus or for repair and maintenance contracts and those who make continuous deliveries of supplies must contact the public safety and police services department, prior to starting work, to obtain permits for the parking of those vehicles necessary to carry on the work.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-310, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-310, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-310, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-310, filed 1/13/78
Order 24, § 106-116-310, filed 7/30/75
Order 15, § 106-116-310, filed 8/17/73.

Wash. Admin. Code § 106-116-311 Parking fee refunds.

(1) Application for parking permit fee refunds are to be made at the parking office. The parking permit must be surrendered upon application for a refund.

(2) A full parking fee refund is obtainable only within the first seven calendar days of any academic quarter in which the permit is issued.

(3) Refunds are permitted of a prorated basis only under the following conditions:

(a) Student teaching, or other off-campus program;

(b) Withdrawal from the university;

(4) Refunds will not be made for daily permits.

(5) Prorated refunds will be measured upward to the nearest 1/3, 2/3, and full cost increments.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-311, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-311, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-311, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-311, filed 11/3/81
WSR 80-11-027 (Order 45), § 106-116-311, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-311, filed 1/13/78
Order 24, § 106-116-311, filed 7/30/75
Order 15, § 106-116-311, filed 8/17/73.

Wash. Admin. Code § 106-116-312 Permit revocation.

Parking permits are the property of the university and will be recalled for any of the following reasons:

(1) When the purpose for which the permit was issued, changes or no longer exists.

(2) When a permit is used on an unregistered vehicle or by an unauthorized individual.

(3) When there is falsification of the vehicle ownership statement.

(4) When there is counterfeiting or altering of a parking permit.

History

Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-312, filed 1/13/78
Order 24, § 106-116-312, filed 7/30/75
Order 15, § 106-116-312, filed 8/17/73.

Wash. Admin. Code § 106-116-313 Carpool permits.

(1) Carpool permits may be issued to employees and students. One transferable permit will be issued by parking services for each carpool. This permit is transferable only among the registered members of the carpool. This permit must be displayed in accordance with the instructions provided with the permit. Parking services will establish the number of persons needed to make up a carpool group. A carpool group must commute to the campus in the same vehicle and live outside the buffer zone established by parking services (http://www.cwu.edu/~parking). Carpool vehicles must be parked in designated parking stalls.

(2) Violations of this section will be subject to a fine and/or revocation of the carpool permit.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 10-01-097, § 106-116-313, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 106-116-410 Continuous parking.

Vehicles receiving an infraction notice for violating parking and traffic regulations and which have not been moved within twenty-four hours following the issuance of the original infraction notice, shall be in violation of this section, and may be subject to removal at owner's expense.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-410, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-410, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-410, filed 11/7/86.

Wash. Admin. Code § 106-116-501 Basic speed limit.

The speed limit on the university-owned streets shall be as posted, except:

(1) The speed limit in the parking areas is 15 m.p.h.

(2) No person shall operate a motor vehicle on the campus at a speed greater than is reasonable and prudent for existing conditions.

(3) The speed limit on malls and service drives is 10 m.p.h.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-501, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28B.35.120(12). WSR 91-22-038 (Order CWU AO 67), § 106-116-501, filed 10/31/91, effective 12/1/91. Statutory Authority: RCW 28B.35.120(11). WSR 84-08-044 (Order 55), § 106-116-501, filed 4/2/84. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-501, filed 11/3/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-501, filed 1/13/78
Order 24, § 106-116-501, filed 7/30/75
Order 15, § 106-116-501, filed 8/17/73.

Wash. Admin. Code § 106-116-513 Procedure—Infractions and service thereof.

Upon probable cause to believe that a violation of these regulations has occurred, an appropriate notice of infraction may be issued setting forth the date, the approximate time, the locality, and the nature of the violation. Such notice may be served by delivering or attaching a copy thereof to the alleged violator, or by placing a copy thereof in some prominent place within or upon the vehicle. Service by mail shall be accomplished by placing a copy of the notice in the mail addressed to the alleged violator.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-513, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-513, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-513, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-08-010 (Order 46), § 106-116-513, filed 3/23/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-513, filed 1/13/78
Order 24, § 106-116-513, filed 7/30/75
Order 16, § 106-116-513, filed 10/19/73
Order 15, § 106-116-513, filed 8/17/73.

Wash. Admin. Code § 106-116-514 Election to forfeit or contest.

The notice of infraction issued pursuant to WAC 106-116-513 of these regulations shall inform the alleged violator that he/she may elect either to forfeit the monetary penalty to the infraction(s) charged or to contest the matter(s).

(1) If the alleged violator chooses to forfeit the penalty, he/she may do so by paying the appropriate amount to the cashier's office, Barge Hall. Payment will be in cash, check, certified check, credit or debit card, or by money order. Such payment may also be made by mail (other than cash payment). Such forfeiture shall constitute a waiver of a right to a hearing.

(2) If the alleged violator chooses to contest, he/she may do so by contacting parking services, where parking infraction appeal forms are available upon request or you may obtain an appeal form or complete an appeal form on the parking website, http://www.cwu.edu/~parking/appealprocess.html. The completed form stating the reasons for challenging the validity of the assessed obligation must be filed in the parking office within fifteen days of the date of the infraction notice. The appeal must be reviewed by the university parking appeal board. The parking appeal board will render a decision in good faith.

(3) A person charged with a parking infraction who deems himself or herself aggrieved by the final decision of the university parking appeal board may, within ten days after written notice of the final decision, appeal by filing a written notice thereof with the public safety and police services department. Documents relating to the appeal shall immediately be forwarded to the lower Kittitas County district court which shall have jurisdiction over such offense and such appeal shall be heard de novo.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-514, filed 2/6/07, effective 3/9/07
WSR 02-18-077, § 106-116-514, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-514, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-514, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-514, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-514, filed 11/7/86. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-514, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-514, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-514, filed 3/23/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-514, filed 1/13/78
Order 19, § 106-116-514, filed 8/22/74
Order 16, § 106-116-514, filed 10/19/73
Order 15, § 106-116-514, filed 8/17/73.

Wash. Admin. Code § 106-116-515 Procedure—Complaint and information.

(1) An infraction notice served in accordance with the provisions of WAC 106-116-513 of these regulations shall constitute the complaint or information against the person to whom delivered or mailed. The person to whom the vehicle permit was issued shall be held liable, or if no permit has been issued, the owner of the vehicle shall be held liable.

(2) The complaint or information may be amended at any time, either in writing (delivered or mailed to the alleged violator) or upon motion at a judicial hearing in his or her presence, to include new charges of violations of these regulations.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-515, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-515, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-515, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-515, filed 3/23/81. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-515, filed 1/13/78
Order 19, § 106-116-515, filed 8/22/74
Order 15, § 106-116-515, filed 8/17/73.

Wash. Admin. Code § 106-116-521 Monetary penalties.

(1) The monetary penalties to be assessed for violations of these regulations shall be those detailed in WAC 106-116-603.

(2) The chief of public safety and police services or designee will cause:

(a) These regulations or a reasonable condensation thereof to be prominently displayed in the public safety and police services department.

(b) The amount of the monetary penalty to be written on the parking-violation notices served on alleged violators.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 04-17-067, § 106-116-521, filed 8/12/04, effective 9/12/04
WSR 98-23-022, § 106-116-521, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-521, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-08-010 (Order 46), § 106-116-521, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-521, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-521, filed 1/13/78
Order 24, § 106-116-521, filed 7/30/75
Order 19, § 106-116-521, filed 8/22/74
Order 15, § 106-116-521, filed 8/17/73.

Wash. Admin. Code § 106-116-601 Traffic regulation signs, markings, barricades, etc.

(1) The director of the public safety and police services department or designee are authorized to erect signs, barricades, and other structures and to paint marks and other directions upon the streets and roadways for the regulation of traffic and parking upon state lands devoted mainly to the educational or research activities of Central Washington University. Such signs, barricades, structures, markings, and directions shall be so made and placed as to, in the opinion of the director of public safety and police services or designee, best effectuate the objectives stated in WAC 106-116-020 of these regulations.

(2) No sign, barricade, structure, marking, or direction for the purpose of regulating traffic or parking shall be moved, defaced, or in any way changed by any person without authorization from the director of public safety and police services.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-601, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-601, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-601, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-601, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.35.120(11). WSR 83-13-034 (Order 53), § 106-116-601, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-601, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-601, filed 1/13/78
Order 24, § 106-116-601, filed 7/30/75
Order 15, § 106-116-601, filed 8/17/73.

Wash. Admin. Code § 106-116-603 Monetary penalty schedule.

A monetary penalty schedule is available online at http://www.cwu.edu/~parking/wacrules.html#monetary.

Failure to respond within twenty-eight days will result in doubling of the original monetary penalty and an administrative fee. However, in accordance with RCW 46.63.110(4), the penalty for failure to respond shall not exceed $25.00 for any single infraction. Further failure to respond may result in one or more of the following sanctions:

(1) Withholding of transcripts;

(2) Deduction from payroll checks;

(3) Withholding of parking permits; and/or

(4) Referral to collection agency.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 07-04-093, § 106-116-603, filed 2/6/07, effective 3/9/07
WSR 04-17-067, § 106-116-603, filed 8/12/04, effective 9/12/04
WSR 02-18-077, § 106-116-603, filed 8/30/02, effective 9/30/02
WSR 98-23-022, § 106-116-603, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28B.35.120. WSR 94-20-074 (Order CWU AO 74), § 106-116-603, filed 10/3/94, effective 11/3/94
WSR 94-10-049 (Order CWU AO 72), § 106-116-603, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 90-01-006, § 106-116-603, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 87-23-012 (Order 61), § 106-116-603, filed 11/9/87. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-116-603, filed 11/7/86. Statutory Authority: RCW 28B.35.120(11). WSR 84-08-044 (Order 55), § 106-116-603, filed 4/2/84
WSR 83-13-034 (Order 53), § 106-116-603, filed 6/9/83, effective 7/24/83. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-603, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-603, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-603, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-116-603, filed 5/16/79
WSR 78-02-023 (Order 37), § 106-116-603, filed 1/13/78
Order 34, § 106-116-603, filed 4/21/77
Order 32, § 106-116-603, filed 3/1/77
Order 24, § 106-116-603, filed 7/30/75
Order 19, § 106-116-603, filed 8/22/74
Order 15, § 106-116-603, filed 8/17/73.

Wash. Admin. Code § 106-116-701 Impounding procedures.

(1) Any vehicle parked upon the Central Washington University campus lands in violation of these regulations, including the motor vehicle and other traffic laws of the state of Washington and the traffic code of the city of Ellensburg, may be impounded and taken to such place for storage as the director of public safety and police services selects.

(2) The expense of such impounding and storage shall be charged to the owner or operator of the vehicle and paid prior to the release of the vehicle.

(3) CWU and its employees shall not be liable for loss or damage of any kind resulting from such immobilization, impounding and storage.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-701, filed 8/30/02, effective 9/30/02. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-701, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-116-701, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-701, filed 1/13/78
Order 24, § 106-116-701, filed 7/30/75
Order 15, § 106-116-701, filed 8/17/73.

Wash. Admin. Code § 106-116-702 Inoperative vehicles.

Disabled or inoperative vehicles shall be removed from the campus within seventy-two hours (three days). Vehicles which have been parked in excess of seventy-two hours (three days) and which appear to be inoperative or unmovable may be impounded and stored at the expense of the owner and/or operator.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-702, filed 5/2/94, effective 6/2/94
Order 19, § 106-116-702, filed 8/22/74
Order 15, § 106-116-702, filed 8/17/73.

Wash. Admin. Code § 106-116-801 Motorcycle regulations.

Motorcycle operators will be expected to obey the same traffic, parking, and registration regulations as automobile operators on campus.

Motorcycle operators should use designated motorcycle parking areas when provided.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 04-17-067, § 106-116-801, filed 8/12/04, effective 9/12/04
Order 19, § 106-116-801, filed 8/22/74
Order 15, § 106-116-801, filed 8/17/73.

Wash. Admin. Code § 106-116-850 Skateboard regulations.

The purposes of WAC 106-116-850 through 106-116-859 are:

(1) To protect and control pedestrian traffic and traffic of persons using skateboards.

(2) To protect wooden and concrete benches, ramps for the disabled, brick and paved walkways, stairs, steps, loading ramps, and plazas from physical damage and more than ordinary wear caused by use of skateboards.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-850, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 88-11-066 (Order 63), § 106-116-850, filed 5/18/88.

Wash. Admin. Code § 106-116-853 Definitions.

As used in WAC 106-116-850 through 106-116-859 "skateboard" means a device made of wood, plastic, metal, or components thereof, with wheels, ridden, as down an incline, usually in a standing position. It may or may not be motorized.

History

Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-853, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 88-11-066 (Order 63), § 106-116-853, filed 5/18/88.

Wash. Admin. Code § 106-116-856 Alternative transportation regulations.

The use of bicycles, electric bicycles, skateboards, nonmotorized scooters, electric scooters and in-line skates shall be allowed only as a means of transportation on pedestrian malls, sidewalks, walkways and vehicular traffic ways of CWU. Anyone using a bicycle, electric bicycle, skateboard, nonmotorized scooter, electric scooter or in-line skates on CWU property shall give right of way to any pedestrian and shall travel at a reasonable, safe and prudent speed. Under no circumstance will bicycling, skateboarding or in-line skating be allowed on ramps, curbs, benches, steps or stairs or other such structures. The use of bicycles, electric bicycles, skateboards, nonmotorized scooters, electric scooters or in-line skates shall not be permitted inside any building or within twenty feet of a building entrance or exit. While in use, bicycles, skateboards, scooters and in-line skates shall be operated in a safe, reasonable and prudent manner such as all wheels shall remain on the ground.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-856, filed 8/30/02, effective 9/30/02. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 88-11-066 (Order 63), § 106-116-856, filed 5/18/88.

Wash. Admin. Code § 106-116-859 Enforcement.

A person refusing to abide by these regulations will be asked to leave the campus. Refusal to leave will subject the person to being cited for trespass under the provisions of RCW 9A.52.070 and/or 9A.52.080, the Revised Code of Washington. If the violator is a student, they will be asked to abide by the regulations. If the student refuses, a proceeding may be initiated under chapter 106-120 WAC, the student judicial code.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 02-18-077, § 106-116-859, filed 8/30/02, effective 9/30/02. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 88-11-066 (Order 63), § 106-116-859, filed 5/18/88.

Wash. Admin. Code § 106-116-901 Bicycle parking and traffic regulations.

(1) The primary aim of the bicycle control program is safety, and this aim will be achieved by keeping bicycles out of buildings, away from building exits, and parking them off paths and sidewalks. Bicycles must never be parked in stairwells, hallways, or any place which will be a safety hazard or hinder exit from buildings.

(2) Bicycles must be parked in racks. At times, rack space may not be available and parking near the racks is permitted provided the parked bicycles do not interfere with pedestrian traffic.

(3) The following specific regulations must be observed while operating bicycles on campus:

(a) Do not ride bicycles inside buildings at any time.

(b) Do not lean or park bicycles near or against windows.

(c) Pedestrians have the right of way on all malls and sidewalk areas of the university. At all times and places of congested pedestrian traffic, the bicycle rider must go slowly and yield to pedestrians. A violation of this provision shall constitute a moving violation and shall be referred directly to the court of the judge of the Lower Kittitas County district court.

(d) Bicyclists must observe the 10 m.p.h. speed limits on malls and service drives.

(e) Bicyclists must ride in designated lanes where they exist.

(4) Impoundment policy:

(a) Bicycles parked on paths, sidewalks, in buildings, or near building exits may be impounded, except in areas adjacent to residence halls, or as otherwise permitted and designated by the director of residential services as bike storage rooms. Bicycles left over seventy-two hours may be impounded.

(b) Impounded bicycles will be stored in a location determined by the chief of public safety and police services. Bicycles will be released at specific times and upon presentation of proof of ownership. Owners of impounded bicycles, if identifiable, will be notified immediately upon impoundment and must reclaim the bicycle within seven days.

(c) Abandoned, lost, or found bicycles that have been impounded shall be subject to sale in accordance with the laws of the state of Washington.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 98-23-022, § 106-116-901, filed 11/9/98, effective 12/10/98. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28.35.120. WSR 94-10-049 (Order CWU AO 72), § 106-116-901, filed 5/2/94, effective 6/2/94. Statutory Authority: RCW 28B.10.528, 28B.10.560 and 28B.35.120(12). WSR 91-22-038 (Order CWU AO 67), § 106-116-901, filed 10/31/91, effective 12/1/91. Statutory Authority: RCW 28B.19.050 and 28B.35.120(12). WSR 88-11-066 (Order 63), § 106-116-901, filed 5/18/88. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 81-22-051 (Order 47), § 106-116-901, filed 11/3/81
WSR 81-08-010 (Order 46), § 106-116-901, filed 3/23/81
WSR 80-11-027 (Order 45), § 106-116-901, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-02-023 (Order 37), § 106-116-901, filed 1/13/78
Order 24, § 106-116-901, filed 7/30/75
Order 15, § 106-116-901, filed 8/17/73.

Wash. Admin. Code § 106-116-902 Severability.

If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the separate paragraphs and provisions of these regulations are severable.

History

Order 24, § 106-116-902, filed 7/30/75.

Chapter 106-121 Substance use and drug testing.

Wash. Admin. Code § 106-121-100 Purpose.

The purpose of this policy is to prevent substance abuse among student athletes by implementing probable cause drug testing. The intent is to protect the personal health and safety of each athlete as well as to ensure an atmosphere of competitive equality. It will also provide an opportunity to intervene on behalf of an individual who has a drug abuse history or a perceived drug problem.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-05-043, § 106-121-100, filed 2/10/06, effective 3/13/06.

Wash. Admin. Code § 106-121-110 Education.

Central Washington University and the CWU athletic department are committed to maintaining a drug free environment. An important component is educating the student athlete on the effects and consequences of substance abuse. In order to accomplish this goal, a class entitled Drugs in Sports (HED 205) is offered every term. This two-credit course includes surveying the potential hazards of recreational, ergogenic, and restorative drugs commonly used by athletes. It also includes information on nutritional supplements and NCAA drug testing policies and procedures. Every student athlete is required to take this class during their first year and no later than their second year of participation. This course will also serve as our mandatory NCAA drug education component.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-05-043, § 106-121-110, filed 2/10/06, effective 3/13/06.

Wash. Admin. Code § 106-121-120 Drugs to be tested.

(1) Stimulants including amphetamines and ephedra derivatives.

(2) Cocaine.

(3) Marijuana (THC).

(4) Anabolic steroids (testosterone levels greater than 6:1).

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-05-043, § 106-121-120, filed 2/10/06, effective 3/13/06.

Wash. Admin. Code § 106-121-130 Reasonable suspicion.

(1) To be considered reasonable suspicion, evidence must be based upon a specific event or occurrence in which the student athlete has been presumed to use drugs; these would include, but are not limited to:

(a) Direct observation by coaches, athletic trainers, or physicians involving suspicious medical symptomatic changes inherent to suspected substance abuse;

(b) Frequent, unexplained absenteeism;

(d) Obviously suspicious conduct;

(e) Common sense conclusions of abnormal human behavior;

(f) Previously positive drug test;

(g) Evidence reported from a reliable third party;

(h) Physical evidence pointing to drug abuse; and

(i) Possession of drug paraphernalia.

Each event or reasonable suspicion must be separate and unrelated to a previous incident.

(2) A drug test can also be requested by anyone who has objective information within the realms of reasonable suspicion. This may include reliable third parties. This request is to be made verbally (in person or by phone) or in writing (letter, fax or email) to the team physician or other medical practitioner at the Central Washington University student health center (SHC), should the team physician be unavailable. SHC personnel shall decide if the suspicion warrants the drug testing process and, if warranted, authorize it.

(3) Athletes may also self-refer, if they feel that they may have accidentally or inadvertently taken any controlled substance. Any positive test based on this "safe harbor" testing shall result in the individual being referred to the CWU wellness center to determine the cause of the positive test and how it can be avoided in the future. The student athlete is eligible for self-referral one time only unless indicated otherwise by their counselor.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-05-043, § 106-121-130, filed 2/10/06, effective 3/13/06.

Wash. Admin. Code § 106-121-140 Drug testing procedures.

Each year, prior to participation, every athlete will review copies of the NCAA and CWU drug testing policies and sign consent forms agreeing to testing as specified in the policies. Failure to do so will result in ineligibility for intercollegiate athletic participation. Detailed drug testing procedures and testing forms are available online in the university procedures manual http://www.cwu.edu/~pres/procedures/Part1.html.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-05-043, § 106-121-140, filed 2/10/06, effective 3/13/06.

Wash. Admin. Code § 106-121-150 Alcohol policy.

(1) Central Washington University does not condone the illegal or irresponsible use of alcohol. Both abuse of and dependence on alcohol can impair brain function, dull judgment, reduce alertness, and lead to life-altering consequences. University staff and faculty are expected to conduct themselves in an exemplary fashion and adhere to university, federal, state, and city laws related to alcohol. Violations are punishable by state laws and subject to prosecution. Student violators are also subject under the student judicial code.

(2) Consumption of alcohol is expressly prohibited in connection with any official intercollegiate team function; that is, any activity held at or under the direction and supervision of a member of the coaching staff.

(3) Sanctions for involvement with alcohol under conditions prohibited by the athletic department, but in which there are no legal implications, will be determined by the head coach and athletic director. Depending upon circumstances, sanctions may include suspension from practice and/or competition as well as other appropriate consequences to include referral to the division of student affairs and enrollment management for proper action under the student judicial code.

(4) According to Washington Administrative Code (WAC 106-120-027), a student shall be subject to disciplinary action or sanction upon violation of the university policy on alcoholic beverages which states:

(a) Persons twenty-one years of age or older may possess and/or consume alcoholic beverages within the privacy of their residence hall rooms or apartments. Washington state law provides severe penalties for the possession or consumption of alcoholic beverages by persons under twenty-one years of age and for persons who furnish alcoholic beverages to minors.

(b) The university does not condone the consumption of alcoholic beverages by minors at functions sponsored by Central Washington University organizations. Organizations are held responsible for the conduct of their members at functions sponsored by the organization and for failure to comply with Washington state law.

(c) The campus judicial council, including the vice president for student affairs and enrollment management, may place any organization on probation or prohibit a specific campus social function when the consumption of alcoholic beverages has become a problem of concern to the university.

(5) Violations of the rules of student conduct will result in sanctions imposed by the division of student affairs and enrollment management and will include:

(a) Warning;

(b) Disciplinary probations;

(d) Deferred suspension;

(e) Suspension; or

(f) Expulsion.

A complete explanation of each of these penalties and a complete copy of the Central Washington University drug and alcohol policy is available in the office of the vice president for student affairs and enrollment management.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-05-043, § 106-121-150, filed 2/10/06, effective 3/13/06.

Chapter 106-122 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 106-122-100 Immediate suspension.

Student athletes found to have violated chapter 69.41 RCW (Legend drugs—Prescription drugs) shall, upon conviction, be immediately suspended from participation in school-sponsored athletic events by the director of athletics. The period of loss of eligibility to participate will be determined by the director of athletics at the conclusion of a brief adjudicative hearing, to be commenced within twenty days of the suspension.

History

Statutory Authority: RCW 28B.35.120(12). WSR 91-23-031 (Order CWU AO 69), § 106-122-100, filed 11/12/91, effective 12/13/91.

Chapter 106-124 General conduct—Rights and responsibilities of university community members.

Wash. Admin. Code § 106-124-010 Financial obligations of students.

Admission to or registration with the university, conferring of degrees, and issuance of academic transcripts or grade reports may be withheld for failure to meet financial obligations to the university.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-048 (Order CWU AO 75), § 106-124-010, filed 10/12/94, effective 11/12/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-10-106 (Order 41), § 106-124-010, filed 10/4/78
Order 4, § 106-124-010, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-124-011 Financial obligations of students—Appeal procedure.

Every student has the right to appeal an assessment by the university of a fee, fine, charge, debt, or other financial obligation by filing a written petition with the appropriate dean or nonacademic area director stating the student's reasons for challenging the validity of the assessed obligation. The written petition must be filed not more than thirty days after the notice of assessment was sent to the student. The dean or director, or designee, shall review the university's decision to assess the fee, fine, charge, debt, or other financial obligation in light of the student's petition appealing the assessment and shall render a decision thereon which shall be final.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-048 (Order CWU AO 75), § 106-124-011, filed 10/12/94, effective 11/12/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-124-011, filed 5/16/79
WSR 78-10-106 (Order 41), § 106-124-011, filed 10/4/78
Order 4, § 106-124-011, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-124-150 Alumni records.

Alumni records are not considered to be student records and do not fall within the provisions of the Family Educational Rights and Privacy Act of 1974. The alumni affairs office shall be the office through which the university maintains communication with its alumni, and it shall be responsible for the maintenance of current files covering alumni information. Alumni records and mailing lists maintained by the alumni affairs office shall be confidential property of the university and the alumni association and shall not generally be available to any other agency or casual inquirers.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-124-150, filed 11/7/86.

Wash. Admin. Code § 106-124-700 Firearms, explosives, dangerous chemicals—Restrictions.

No person shall have in his possession any gun, pistol, firearm, explosive, dangerous chemicals, or other dangerous weapons or instruments on university-owned or university-leased property except as follows:

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

(2) Activities requiring use of the prohibited items may be conducted upon approval of the president or his designee;

(3) Persons with firearms in their possession shall be permitted to travel enroute to or from the university-provided firearm storage facilities only.

Violators of this WAC shall be subject to appropriate disciplinary or legal action.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-048 (Order CWU AO 75), § 106-124-700, filed 10/12/94, effective 11/12/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 84-12-027 (Order 56), § 106-124-700, filed 5/29/84.

Wash. Admin. Code § 106-124-801 Animals prohibited.

(1) No animals, including dogs and cats, except service dogs, will be allowed, under any circumstances, in any university-operated building.

(2) All dogs on campus shall be under direct physical control, leashed by their owner or custodian.

(3) Dogs not under direct physical control of their owner or custodian, i.e., unleashed or tied and owner or custodian not present, shall be subject to impoundment and their owners subject to fines as determined under city ordinances.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-048 (Order CWU AO 75), § 106-124-801, filed 10/12/94, effective 11/12/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-124-801, filed 11/7/86
WSR 84-22-011 (Order 57), § 106-124-801, filed 10/29/84. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-124-801, filed 8/14/80
Order 7, § 106-124-801, filed 8/18/72, effective 9/20/72.

Wash. Admin. Code § 106-124-900 Tobacco use.

In order to provide a healthful environment for Washington state citizens and university employees and students, the use of tobacco products by students, employees, and visitors in any university academic or administrative building is prohibited. This prohibition includes all smoking materials and chewing tobacco.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 04-12-015, § 106-124-900, filed 5/24/04, effective 6/24/04.

Wash. Admin. Code § 106-124-910 Tobacco regulations.

(1) The act(s) of smoking or chewing tobacco shall not be permitted inside any Central Washington University administrative or academic building or in identified external areas that may affect those people inside the administrative and academic buildings.

(2) Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes of campus buildings where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.

(3) Smoking will be allowed in identified outdoor smoking areas in compliance with chapter 70.160 RCW. Signs will be posted to identify smoke-free buildings and, if a smoking area is designated, the location of that area. Smokers can request a designated area through the office of the vice president for business and financial affairs. The local health officer may exempt designated smoking areas on campus from the twenty-five-foot minimum distance from entrances, exits, windows that open, and ventilation intakes of campus buildings where smoking is prohibited, upon application by the vice president of business and financial affairs and a finding that the public health and safety will be adequately protected by a lesser distance.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-19-020, § 106-124-910, filed 9/11/06, effective 10/12/06
WSR 04-12-015, § 106-124-910, filed 5/24/04, effective 6/24/04.

Wash. Admin. Code § 106-124-920 Tobacco use violations.

Violations of tobacco use regulations may result in a one hundred-dollar infraction and will be handled in accordance with RCW 70.160.070.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 06-19-020, § 106-124-920, filed 9/11/06, effective 10/12/06
WSR 04-12-015, § 106-124-920, filed 5/24/04, effective 6/24/04.

Chapter 106-125 Student conduct code.

Wash. Admin. Code § 106-125-005 Authority—Jurisdiction.

(1) This student conduct code is adopted by the governing board of Central Washington University as authorized under RCW 28B.35.120. Authority is hereby delegated to the university president and administrative officers to administer and enforce the provisions of this code.

(2) The student conduct code shall apply to student conduct that occurs on university premises and to conduct that occurs at or in connection with university sponsored events, programs, or activities. This code may also apply to other student conduct occurring off campus (or in nonuniversity electronic environments) when the university deems such conduct to threaten safety or security or otherwise adversely impact the university community. Students shall be responsible for their conduct from the time of acceptance for admission or registration through the actual awarding of a degree or other certificate of completion. The university shall have authority to revoke a degree or other certificate of completion based on prohibited student conduct that is found to have occurred before the award of such degree or certificate. Student organizations affiliated with the university may also be sanctioned under this code for the conduct of their student members.

(3) The university shall not be required to stay disciplinary action under this student code pending any criminal or civil proceeding arising from the same conduct that would constitute a violation of this code. Nor shall the disposition of any such criminal or civil proceeding control the outcome of any student disciplinary proceeding.

(4) Nothing in this student code shall be construed as authorizing the university to prohibit or to discipline protected speech or other conduct that is protected by law or constitutional right.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-005, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-010 Definitions.

The following definitions shall apply for purposes of this student conduct code:

(1) Advisor of choice. The "advisor of choice" is the person selected by a complainant or respondent to provide informal advice and support at any stage of a disciplinary proceeding under this student code. Except as otherwise provided in these rules, the role of the advisor of choice does not include representation of a party.

(2) Complainant. A "complainant" for purposes of this student code means any person who is the alleged victim or target of prohibited student conduct, whether or not such person has made an actual complaint.

(3) Conduct officer. The "conduct officer" or "student conduct officer" is the university official designated by the university to be responsible for initiating disciplinary action for alleged violations of this code.

(4) Conduct review officer. The "conduct review officer" is the university official designated by the university to hear appeals of disciplinary action conducted as brief adjudicative proceedings and to enter final decisions in proceedings heard by the student conduct council.

(5) Consent. The term "consent" for purposes of this code means knowing, voluntary, and clear permission and agreement, by actual words or conduct, to engage (or to continue engaging) in sexual activity. A person may be incapable of giving consent, or of diminished capacity to consent, by reason of age, threat or intimidation, lack of opportunity to consent, physical or mental impairment, drug or alcohol consumption, unconsciousness, or other cause. A person engages in nonconsensual sexual activity if the person knows, or reasonably should know, that the other person is of diminished capacity to consent or has in any way manifested lack of consent. Intoxication is not a defense against allegations of nonconsensual sexual activity.

(6) Day. The term "day," unless otherwise qualified, means "calendar day." The qualified term "instructional day" means any day within an academic term that the university is open for business, excluding weekends and holidays.

(7) Dean of student success. The term "dean" or "dean of student success" means the chief student affairs officer of the university and includes any acting or interim dean designated by the president to perform the functions and duties of the dean under this student code.

(8) Disciplinary action. The term "disciplinary action" means the decision of the designated university official regarding alleged violations of the student code and includes any disciplinary sanction imposed for such violations. Disciplinary action does not include a summary suspension.

(9) Filing and service.

(a) Filing. The term "filing" means the delivery to the designated university official of any document that is required to be filed under this code. A document is filed by hand delivering it or by mailing it to the university official (or the official's assistant) at the official's office address. Filing is complete upon actual receipt during office hours at the office of the designated official.

(b) Service. The term "service" means the delivery to a party of any document that is required to be served under this code. A document is served by hand delivering it to the party or by mailing it to the party's address of record. Service is complete when the document is hand delivered or actually deposited in the mail.

(10) Party. A "party" to a disciplinary proceeding under this code includes the student conduct officer and the student respondent, as well as any complainant in a proceeding involving allegations of sexual misconduct or discriminatory harassment.

(11) Preponderance of evidence. The term "preponderance of the evidence" is a standard of proof requiring that facts alleged as constituting a violation of this code must be proved on a more likely than not basis.

(12) Respondent. A "respondent" is a student against whom disciplinary action is initiated.

(13) Service. See "Filing and service."

(14) Student. The term "student" includes all persons taking courses at or through the university, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. The term includes prospective students who have been accepted for admission or registration, currently enrolled students who withdraw before the end of a term, and students, including former students, who engage in prohibited conduct between terms of actual enrollment or before the awarding of a degree or other certificate of completion.

(15) University premises. "University premises" shall include all campuses and electronic presences of the university, wherever located, and includes all land, buildings, facilities, vehicles, equipment, computer systems, websites, and other property owned, used, or controlled by the university.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-010, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-010, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-020 Prohibited student conduct.

Prohibited student conduct includes engaging in, attempting to engage in, or encouraging or assisting another person to engage in, any of the conduct set forth in this section. As applicable, the term "conduct" includes acts performed by electronic means. The term "includes" or "including" as used in this section means "without limitation."

(1) Academic dishonesty. The term "academic dishonesty" for purposes of this student code includes cheating, plagiarism, and fabrication. Nothing in this student code shall be construed as limiting the authority of faculty and academic administrators to assign academic consequences for these or other forms of academic misconduct.

(a) Cheating. Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment, including collaboration without authority.

(b) Plagiarism. Plagiarism includes taking and using as one's own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

(c) Fabrication. Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an academic assignment.

(2) Alcohol, drug, and tobacco violations.

(a) Alcohol. An "alcohol violation" includes using, possessing, delivering, selling, or being under the influence of any alcoholic beverage, except as permitted by law and applicable university policies.

(b) Cannabis/marijuana. A "cannabis" or "marijuana violation" includes using, possessing, delivering, selling, or being under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits any possession or use of marijuana on university premises or in connection with university activities.

(c) Drug. A "drug violation" includes using, possessing, delivering, selling, or being under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner. The abuse, misuse, or unlawful sale or distribution of prescription or over-the-counter medications may also constitute a drug violation.

(d) Tobacco. A "tobacco violation" means smoking or using tobacco products, electronic smoking devices (including e-cigarettes and vape pens), or other smoking devices in any area of university premises where smoking or tobacco use is prohibited in accordance with public law and university policy.

(3) Disruptive or obstructive conduct. The term "disruptive or obstructive conduct" means conduct, not protected by law, that interferes with, impedes, or otherwise unreasonably hinders the normal teaching, learning, research, administrative, or other functions, procedures, services, programs, or activities of the university. The term includes disorderly conduct, breach of the peace, violation of local or university noise policies, lewd or obscene conduct, obstruction of pedestrian or vehicular traffic, tampering with student election processes, or interfering with the orderly conduct of university investigations or disciplinary proceedings, including interfering with or retaliating against any witness, party, or other participant.

(4) Ethics violations. An "ethics violation" includes the breach of any applicable code of ethics or standard of professional practice governing the conduct of a profession for which the student is studying to be licensed or certified. The term also includes the violation of any state law or university policy relating to the ethical use of university resources.

(5) Failure to comply. The term "failure to comply" means refusing to obey the lawful directive of a university official or authorized university body, including a failure to identify oneself upon request, refusing to comply with a disciplinary sanction, or violating any no-contact or other protective order.

(6) False or deceptive conduct. The term "false or deceptive conduct" means dishonest conduct (other than academic dishonesty) that includes forgery, altering or falsifying of university records, furnishing false or misleading information to the university, falsely claiming an academic credential, or falsely accusing any person of misconduct.

(7) Harassment. The term "harassment" or "discriminatory harassment" means unwelcome and objectively offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently severe, pervasive, or persistent as to have the effect of denying, limiting, or unreasonably interfering with the ability of a student to participate in or benefit from the university's educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s). Protected status includes a person's actual or perceived race, color, national origin, gender, disability, or other status protected by law. See "Sexual misconduct" for the definition of "sexual harassment."

(8) Hazing. "Hazing" includes any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes or is likely to cause the destruction or removal of public or private property or that causes or is likely to cause bodily danger or physical harm, or serious mental or emotional harm, to any student or other person.

(9) Personal offenses. The term "personal offense" is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person's rights. The term includes personal offenses committed by electronic means.

(10) Property violations. The term "property violation" includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of university property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and university trademarks.

(11) Relationship violence. The term "relationship violence" includes "domestic violence" and "intimate partner violence."

(a) Domestic violence. The term "domestic violence" means the infliction of physical harm, bodily injury, or assault (or the objectively reasonable fear of such harm, injury, or assault), or stalking, perpetrated against a current or former spouse or intimate partner, current or former cohabitant, a person with whom one shares a child in common, or a person with whom one resides, including roommates.

(b) Intimate partner violence. The term "intimate partner violence," also known as dating violence, means the infliction of physical harm, bodily injury, or assault (or the objectively reasonable fear of such harm, injury, or assault), or stalking, perpetrated by a person against another with whom one is or has been in a social relationship of a romantic or intimate nature. The existence of such a relationship will be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(12) Retaliation. The term "retaliation" means harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of this code or other university policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a university investigation or disciplinary proceeding.

(13) Safety violations. The term "safety violation" includes any nonaccidental conduct that interferes with or otherwise compromises any university policy, equipment, or procedure relating to the health, safety, or security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems.

(14) Sexual misconduct. The term "sexual misconduct" includes "sexual harassment," "sexual exploitation," and "sexual violence."

(a) Sexual harassment. The term "sexual harassment" means unwelcome and objectively offensive conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is directed at a person because of such person's sex or gender and that is sufficiently severe, pervasive, or persistent as to have the effect of denying, limiting, or unreasonably interfering with the ability of a student to participate in or benefit from the university's educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s).

(b) Sexual exploitation. The term "sexual exploitation" means taking sexual advantage of another, without consent, for the gratification of oneself or any third person(s). The term includes voyeurism, indecent exposure, the nonconsensual recording of nudity or sexual activity where there is a reasonable expectation of privacy (or the nonconsensual distribution of such recording), inducing another person to engage in sexual activity for payment or other benefit, and knowingly exposing another to a sexually transmitted infection.

(c) Sexual violence. The term "sexual violence" includes "nonconsensual sexual contact" and "nonconsensual sexual intercourse."

(i) Nonconsensual sexual contact. The term "nonconsensual sexual contact" means any nonaccidental touching (including touching with any object) of the intimate parts of another person's body, clothed or unclothed, including a person's mouth, breasts, genital area, and buttocks, without the consent of the other person. The term also includes nonconsensual touching in a sexual manner of one's own intimate body parts, nonconsensual touching of another with one's own intimate body parts, removing another person's clothing without consent, or inducing a person without consent to touch their own or another person's intimate body parts.

(ii) Nonconsensual sexual intercourse. The term "nonconsensual sexual intercourse" includes any penetration, however slight, with any body part or object, of another person's mouth, vagina, or anus without the consent of the other person. The term also includes nonconsensual oral sex, with or without penetration.

(15) Stalking. The term "stalking," including cyberstalking, means a course of conduct, directed at a specific person, that involves repeatedly contacting, harassing, or following the person for no legitimate purpose, causing the person to have the same fear for the person's safety, the safety of others, or the security of property that a reasonable person in the same situation would experience under all the circumstances.

(16) Unauthorized access. The term "unauthorized access" means gaining entry without permission to any restricted area or property of the university or the property of another person, including any facility, computer system, email account, or electronic or paper files. Unauthorized access includes computer hacking and the unauthorized possession or sharing of any restricted means of gaining access, including keys, keycards, passwords, or access codes.

(17) University policy violations. The term "policy violation" means the violation of any university policy or applicable law governing the conduct of students as members of the university community, including university policies governing nondiscrimination, alcohol and drugs, computer use, copyright, campus health and safety, and parking and traffic.

(18) Weapons violations. A "weapons violation" includes the possession, display, or use of any firearm, explosive, dangerous chemical, knife, or other instrument capable of inflicting serious bodily harm in circumstances that are reasonably perceived as causing alarm for the safety of any person. The term "weapons violation" includes any threat to use a weapon to harm any person and the use of any fake weapon or replica to cause the apprehension of harm. The term further includes the possession on university premises of any firearm or other dangerous weapon in violation of public law or university policy, but does not include the lawful possession of any personal protection spray device authorized under RCW 9.91.160.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-020, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-020, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-030 Disciplinary sanctions.

The university may impose any of the following disciplinary sanctions for violations of this student code. Violations must be proved by a preponderance of the evidence.

(1) Conduct reprimand. A "conduct reprimand" is a written notice formally censuring a student for a student code violation and providing notice that a repeated violation will subject the student to more severe disciplinary action.

(2) Conduct probation.

(a) The term "conduct probation" means a specified period of time during which a student's continued enrollment will be conditioned on the student's compliance with specified requirements or restrictions. The probation may be for a limited term or may extend for the duration of the student's attendance at the university, depending on the nature and seriousness of the code violation(s). The sanction of conduct probation may be imposed in the form of a deferred suspension.

(b) Conditions placed on a student's continued enrollment may include, without limitation, any one or more of the following requirements or restrictions:

(i) Compliance with applicable standards of conduct under the student code and university policies;

(ii) Restitution, defined as payment of compensation for damage or loss caused to the university or any person as a result of the student's misconduct, or the assessment of such fines as may be authorized under specific university policies for violations of those policies;

(iii) Restrictions on the student's contact with specified individuals or groups, which may include an order that the student refrain from having any communication with the specified persons;

(iv) Restrictions on the student's access to specified university premises and/or limitations on the student's participation in university activities, which may include removal from or reassignment of student housing or denial of eligibility to participate in intercollegiate athletics;

(v) A requirement that the student receive education or participate in training relating to the student's misconduct, which may include other educational sanctions assigned for the purpose of facilitating student development and learning as deemed appropriate to the offense;

(vi) A requirement that the student be professionally evaluated by a qualified health care provider who is approved by the university and who is authorized by the student to discuss the evaluation with designated university officials, together with a requirement that the student comply with treatment recommendations relating to the student's ability to maintain appropriate standards of conduct.

(c) A student's failure to comply with the conditions of the conduct probation may result in further disciplinary action including, but not limited to, disciplinary suspension or permanent dismissal.

(3) Conduct suspension. A "conduct suspension" means a temporary dismissal from the university and the suspension of student status for a specified period of time with no refund of tuition or fees. Reenrollment following a disciplinary suspension may be conditioned on any of the requirements or restrictions that may apply to a conduct probation.

(4) Conduct dismissal. The term "conduct dismissal" means permanent expulsion from the university with no refund of tuition or fees and may include an order trespassing the student from university premises. A sanction of conduct dismissal shall be recorded on the student's academic transcript.

(5) Other sanctions. The following additional sanctions for student code violations may be imposed as required or permitted by law or university policy.

(a) Athletics eligibility. A student athlete found in violation of WAC 106-125-020 (2)(c), relating to drug violations, shall be ineligible to participate in university athletics pursuant to RCW 69.41.340. Eligibility to participate in intercollegiate athletics may be denied based on violations of other student conduct prohibited under WAC 106-125-020.

(b) Parent/guardian notification. The university reserves the right to inform a student's parent(s) or legal guardian(s) of the student's misconduct to the extent permitted by applicable law.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-030, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-030, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-040 Disciplinary action—Initiation.

(1) The student conduct officer will initiate disciplinary action by serving the student respondent with written notice of an initial disciplinary meeting. The notice shall briefly describe the factual allegations or the issues involved, the specific conduct code provision(s) the respondent is alleged to have violated, and the range of possible sanctions for such violations(s).

(2) At the disciplinary meeting, the student conduct officer will review the allegations with the respondent and will afford the respondent an opportunity to respond. If the respondent fails to attend or participate in the meeting, the conduct officer may take disciplinary action based on the available information.

(3) In a proceeding involving allegations of sexual misconduct or discriminatory harassment, the student conduct officer prior to taking disciplinary action will afford the complainant an opportunity to discuss the results of any investigation and the possible sanctions and/or conditions that could be imposed for the complainant's protection if the sexual misconduct or discriminatory harassment allegations are found to be substantiated.

(4) The student conduct officer may take any of the following disciplinary actions:

(a) The conduct officer may dismiss the proceeding upon finding the allegations to be unsubstantiated and after providing any appropriate counseling or warnings. Such action shall be final and not subject to appeal or further review, except as provided in proceedings involving allegations of sexual misconduct or discriminatory harassment.

(b) If the allegations are found to be substantiated, the conduct officer may impose any of the disciplinary sanctions authorized under WAC 106-125-030. Such sanction(s) shall be subject to review on appeal as provided in this student code.

(c) The conduct officer may refer the matter for disciplinary action by the student conduct council. Such referral shall be in writing, to the attention of the dean of student success, with a copy served on the respondent (and any complainant in a proceeding involving allegations of sexual misconduct or discriminatory harassment). The decision to refer shall not be subject to appeal or further review.

(5) Within 10 days of the initial disciplinary meeting, the conduct officer will serve the respondent (and any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations) with a written decision either dismissing or referring the matter or imposing disciplinary sanctions. If sanctions are imposed, the written decision will specify the conduct code provision(s) found to have been violated, will describe the facts and conclusions supporting the sanction(s), and will provide notice of any appeal rights.

(6) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the decision will state whether such allegations were substantiated and will describe any sanctions or conditions imposed for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-040, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-040, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-045 Appeal and review procedures—General.

The following general rules apply to appeals or requests for further administrative review of disciplinary action at any stage of a student disciplinary proceeding.

(1) Parties. The parties to an appeal or review proceeding shall be the respondent, any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations, and the student conduct officer.

(2) Filing of appeals.

(a) Appeal periods. An appeal or request for review of disciplinary action must be filed with the designated university official within the applicable time period as further specified in these rules.

(b) Contents of appeal. A party's written notice of appeal or request for review must explain why the party disagrees with the disciplinary decision and what relief or remedy the party is requesting. The appeal or request for review must address one or more of the following grounds:

(i) Insufficient evidence. The disciplinary action taken was not supported by a preponderance of the evidence.

(ii) New evidence. New evidence not available at the time the disciplinary action was taken should result in a different outcome.

(iii) Procedural or other error. The disciplinary action was taken in violation of prescribed procedures or was based on an erroneous interpretation or application of the student conduct code.

(iv) Disproportionate outcome. The disciplinary action taken was not proportionate to the student conduct violation(s) alleged.

(c) Failure to appeal. The failure of a party to file a timely appeal or request for review at any stage of the proceeding waives that party's right to appeal. However, in a proceeding involving sexual misconduct or discriminatory harassment allegations, if any party appeals, the university official receiving the appeal or request for review will notify the other parties and will afford each party the opportunity to participate in the appeal or review proceeding.

(3) Effect of appeal – Stay. The implementation of disciplinary action imposing a conduct suspension of any length, removal from student housing, or conduct expulsion shall be stayed pending the time for filing an appeal and the conclusion of disciplinary proceedings. Other disciplinary sanctions shall not be stayed.

(4) Reviewing authority.

(a) Appeals of disciplinary action taken by the student conduct officer will be heard by the conduct review officer or student conduct council as further provided in these rules.

(b) Appeals of disciplinary action taken by the conduct review officer in a brief adjudicative proceeding will be heard by the dean of student success (or designee) as further provided in these rules.

(c) Appeals of disciplinary action imposed by the student conduct council will be heard by the conduct review officer as further provided in these rules.

(5) Ex parte communications. Reviewing authorities (the conduct review officer, student conduct council members, and the dean) may not communicate with any of the parties regarding an appeal without providing notice and an opportunity for all parties to participate.

(6) Disqualification. Reviewing authorities may not participate in a proceeding in which they:

(a) Are a complainant or witness;

(b) Have a direct or personal interest, prejudice, or bias; or

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-045, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-045, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-050 Disciplinary action—Appeals.

(1) Respondent. The student respondent may appeal the disciplinary action of the student conduct officer in accordance with the following rules:

(a) The respondent may appeal disciplinary action imposing a conduct reprimand, conduct probation, conduct suspension not in excess of 10 days, removal from student housing, or denial of eligibility to participate in intercollegiate athletics by filing a written notice of appeal with the conduct review officer within 10 days of service of the disciplinary decision.

(b) The respondent may appeal disciplinary action imposing a conduct suspension in excess of 10 days or a conduct dismissal by filing a written notice of appeal with the conduct review officer within 20 days of service of the disciplinary decision.

(2) Complainant. The complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations may appeal the disciplinary action of the student conduct officer with respect to such allegations in accordance with the following rules:

(a) The complainant may appeal disciplinary action dismissing the proceeding or imposing a conduct reprimand, conduct probation, or conduct suspension not in excess of 10 days by filing a written notice of appeal with the conduct review officer within 10 days of service of the disciplinary decision.

(b) The complainant may appeal disciplinary action imposing a conduct suspension in excess of 10 days or a conduct dismissal by filing a written notice of appeal with the conduct review officer within 20 days of service of the disciplinary decision.

(3) If no appeal is filed within the applicable time period, the disciplinary action of the student conduct officer shall be final.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-050, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-050, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-055 Conduct review hearings—Initial decision.

(1) Conduct review officer – Authority.

(a) The conduct review officer will hear a respondent's appeal of disciplinary action imposing a conduct reprimand, conduct probation, conduct suspension not in excess of 10 days, removal from student housing, or denial of eligibility to participate in intercollegiate athletics.

(b) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the conduct review officer will hear a complainant's appeal of disciplinary action dismissing the sexual misconduct or discriminatory harassment allegations or imposing, with respect to such allegations, a conduct reprimand, conduct probation, or conduct suspension not in excess of 10 days.

(c) The conduct review officer shall have the same authority as the student conduct officer to dismiss a proceeding, to impose a disciplinary sanction of conduct reprimand, conduct probation, or conduct suspension not in excess of 10 days, or to refer the matter for disciplinary action by the student conduct council.

(2) Appeal hearing. Appeals heard by the conduct review officer will be conducted as informal administrative hearings consistent with the rules for "brief adjudicative proceedings" under RCW 34.05.482 and WAC 106-08-050. The review officer shall provide each party an opportunity to explain the party's view of the matter.

(3) Initial decision – Service.

(a) Within 10 days of consideration of the appeal, the conduct review officer will serve an initial decision upon the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations. The initial decision will explain the reasons for the decision and will provide notice of any right to request further administrative review.

(b) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the initial decision will explain the reasons for modifying any disciplinary action taken with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

(c) A decision by the conduct review officer to refer the appeal to the student conduct council is not subject to further administrative review.

(4) Initial decision – Request for review. The respondent (or any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations) may request administrative review of the initial decision by filing a written request for review with the dean of student success within 21 days of service of the initial decision. If no request for review is filed, the initial decision of the conduct review officer shall be final.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-055, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-055, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-060 Conduct review hearings—Review of initial decision.

(1) Requests for review of the initial decision of the conduct review officer will be heard by the dean of student success (or designee). The dean shall have the same authority on review as the conduct review officer to take disciplinary action.

(2) The dean will review the hearing record and will afford the parties the opportunity to file written statements explaining their views of the matter. The dean may make any inquiries necessary to ascertain whether the proceeding should be referred to the student conduct council for a formal hearing.

(3) Within 20 days of the date for the parties to submit written statements, the dean will serve a written review decision upon the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations. The review decision will explain the reasons for the decision and will provide a notice that judicial review may be available.

(4) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the review decision will explain the reasons for modifying any disciplinary action taken with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

(5) The review decision of the dean (or designee) shall be final.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-060, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-060, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-070 Student conduct council.

(1) The student conduct council shall consist of three university employees appointed by the university president or president's designee. The conduct council members will be selected by the council advisor subject to availability and qualification in accordance with WAC 106-125-045(6). Additional university employees may be selected to serve as alternate council members.

(2) The student conduct council shall elect a chair to preside over the hearing, and the dean of student success shall appoint a nonvoting staff member as council advisor to convene and otherwise advise and assist the council.

(3) The student conduct council will hear appeals of disciplinary action imposing a conduct suspension in excess of 10 days or a conduct dismissal. The council will hear such other matters as may be referred to the council by the student conduct officer, conduct review officer, or dean of student success. The council shall have the authority to dismiss a proceeding or to impose any of the disciplinary sanctions under WAC 106-125-030.

(4) Proceedings of the student conduct council shall be governed by the Administrative Procedure Act (chapter 34.05 RCW) and by the model rules of procedure (chapter 10-08 WAC), as supplemented by these rules.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-070, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-070, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-075 Student conduct council—Prehearing procedure.

(1) The conduct council chair or advisor shall cause all parties to be served with written notice of the hearing not less than seven days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair or adviser may shorten this notice period if the parties agree, and may continue the hearing to a later time for good cause shown.

(2) The conduct council chair, assisted by the council adviser, is authorized to conduct prehearing conferences and to make prehearing decisions concerning the forms and extent of any discovery, issuance of protective orders, and similar procedural matters.

(3) The council chair or advisor may direct the parties prior to the hearing to exchange lists of potential witnesses and copies of exhibits that the parties reasonably expect to present to the council. Failure to participate in good faith in such an exchange may be cause for excluding from the hearing any witness or exhibit not disclosed.

(4) The council chair or advisor in advance of the hearing may provide council members with copies of (a) any notice of disciplinary action (or referral to the council) and (b) any notice of appeal filed by the respondent (or any complainant). However, such "pleadings" shall not be regarded as evidence of any facts they may allege.

(5) Any party may be accompanied at the hearing by an advisor of the party's choice. A respondent (or any complainant) may be represented by an attorney at such party's own cost, but will be deemed to have waived that right unless, at least four instructional days before the hearing, the attorney files and serves a notice of appearance. If the respondent (or complainant) is represented by an attorney, the student conduct officer may be represented by the university's assistant attorney general.

(6) The student conduct council may itself be advised in any proceeding by an independently assigned assistant attorney general who shall have had no other involvement in the matter and who shall be appropriately screened from any other assistant attorney general appearing in the proceeding.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-075, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-075, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-080 Student conduct council—Hearing procedure.

(1) Upon the failure of any party to attend or participate in a hearing, the student conduct council may either:

(a) Proceed with the hearing; or

(b) Serve an order of default in accordance with RCW 34.05.440.

(2) Council hearings shall be closed to the public, unless all parties (including any complainant) agree on the record that all or parts of the proceeding may be open. The council chair shall determine any extent to which the hearing will be open. The chair may exclude from the hearing any person who disrupts the proceeding.

(3) The council advisor shall cause the hearing to be recorded pursuant to RCW 34.05.449 by a method the advisor selects. Other recording shall be permitted in accordance with WAC 10-08-190. The advisor shall maintain the official record of the proceeding that is required by RCW 34.05.476. Such record shall be made available upon request for inspection and copying by any party to the extent permitted by applicable laws.

(4) The council chair shall preside at the hearing and shall decide procedural questions that arise during the hearing, except as overridden by a majority vote of the council.

(5) The student conduct officer (or assistant attorney general) shall present the case for imposing disciplinary sanctions and shall bear the burden of establishing the alleged violations by a preponderance of the evidence.

(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452.

(7) The respondent and a complainant in any proceeding involving sexual misconduct or discriminatory harassment allegations shall not directly question or cross-examine one another. All questions shall be directed to the council chair, who will act as an intermediary and pose questions on behalf of the parties. The council chair may reframe questions as to form or exclude questions on the grounds of relevance or privilege.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-080, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-080, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-085 Student conduct council—Initial decision.

(1) At the conclusion of the hearing, the student conduct council shall permit the parties to make closing arguments in whatever form the council wishes to receive them. The council may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.

(2) Within 20 days following the later of the conclusion of the hearing or the receipt of closing arguments, the student conduct council shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The decision shall contain findings on relevant issues of fact, conclusions concerning which, if any, provisions of the student code were found to be violated, and any sanction(s) imposed. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(3) The council chair shall cause the initial decision to be served on the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations. In a proceeding involving sexual misconduct or discriminatory harassment allegations, the decision will state whether such allegations were substantiated and will describe any sanctions or conditions imposed for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

(4) The council advisor, upon receipt of a timely filed appeal, shall promptly transmit the council's initial decision and the record of the proceedings for review by the conduct review officer who shall enter a final decision. If no appeal is timely filed, the initial decision of the student conduct council shall be the final decision.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-085, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-085, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-090 Student conduct council—Appeal of initial decision.

(1) The initial decision of the student conduct council will be reviewed on appeal by the conduct review officer. The conduct review officer shall have the same authority on review as the student conduct officer to take disciplinary action.

(2) The review by the conduct review officer will be limited to the hearing record made before the student conduct council. The conduct review officer will afford all parties the opportunity to file written statements explaining why they agree or disagree with the council's initial decision. The conduct review officer may notify the parties that the review will be limited to reviewing the specific issues raised by the parties.

(3) The conduct review officer will serve a written decision upon all parties (including the complainant in any proceeding involving sexual misconduct or discriminatory harassment allegations) within 20 days of the date for the parties to submit written statements. The decision will adopt or modify the conduct council's initial decision and will provide a notice that reconsideration and/or judicial review may be available.

(4) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the review decision will explain the reasons for modifying any disciplinary action imposed with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations.

(5) The decision of the conduct review officer shall be final.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-090, filed 2/22/22, effective 3/25/22. Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-090, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-100 Summary suspension.

(1) A summary suspension is the temporary exclusion of a student from all or specified portions of university premises, programs, or activities pending an investigation and/or disciplinary proceeding relating to alleged student code violations.

(2) The dean of student success (or designee) may summarily suspend a student when the dean has cause to believe that the student (a) has violated any provision of the student code and (b) presents an immediate danger to the safety or security of the campus community and/or poses an ongoing threat of serious disruption or interference with university operations.

(3) Notice of a summary suspension, if given orally, must be followed by service of a written notice within two instructional days of the oral notice. The written notice shall include:

(a) The duration and scope of the suspension, including any conditions under which the student may access university premises or contact members of the campus community;

(b) The reasons for the suspension, including reference to the student code provisions allegedly violated, together with notice of any resulting or pending disciplinary action; and

(c) Notice of a summary suspension hearing to be held within three instructional days before a reviewing officer not otherwise involved in any pending disciplinary proceeding relating to the student.

(4) The reviewing officer will conduct the summary suspension hearing as an emergency proceeding under RCW 34.05.479. The issue before the reviewing officer shall be whether probable cause exists to continue the summary suspension. The student shall be afforded an opportunity at the hearing to explain why the suspension should not be continued or why the suspension should be less restrictive in scope. If the student fails to appear or to participate in the hearing, the reviewing officer may order that the suspension continue pending the conclusion of disciplinary proceedings.

(5) The reviewing officer, within two instructional days of the hearing, shall issue a written decision either terminating the summary suspension or explaining the immediate danger and policy reasons justifying the continuation and/or modification of the summary suspension. The reviewing officer will provide a copy of the decision to all persons who may be bound or protected by it.

(6) The student may request review of the reviewing officer's decision before the student conduct council. Such review will be scheduled promptly and shall be consolidated with any pending disciplinary proceeding arising from the same conduct.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-125-100, filed 11/23/15, effective 12/24/15.

Wash. Admin. Code § 106-125-200 Order of precedence.

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. § 106 (the "Title IX Final Rule"). To the extent these supplemental hearing procedures conflict with the university's standard disciplinary procedures, WAC 106-125-005 through 106-125-090, these supplemental procedures shall take precedence.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-200, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-201 Revocation by operation of law.

If any portion of the Title IX Final Rule is stayed or held invalid by a court of law, then the invalidated elements of the policy will be deemed revoked as of the publication date of the opinion or order.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-201, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-205 Prohibited conduct under Title IX.

Pursuant to RCW 28B.35.120(12) and Title IX of the Education Act Amendments of 1972, 20 U.S.C. § 1681, the university may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment." For purposes of this supplemental procedure, "sexual harassment" encompasses the following conduct:

(1) Quid pro quo harassment. A student employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual's participation in unwelcome sexual conduct.

(2) Hostile environment harassment. Hostile environment harassment, defined as unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university's educational programs or activities, or employment.

(3) Sexual assault. Sexual assault includes the following conduct:

(a) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(b) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(c) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of 18.

(d) Statutory rape. Consensual sexual intercourse between someone who is 18 years of age or older and someone who is under the age of 16.

(4) Domestic violence. Domestic violence, defined as physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

(5) Dating or intimate partner violence. Dating or intimate partner, defined as physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person:

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship;

(ii) The type of relationship; and

(iii) The frequency of interaction between the persons involved in the relationship.

(6) Stalking. The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person's safety or the safety of others, or suffer substantial emotional distress.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-205, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-210 Title IX jurisdiction.

(1) This supplemental procedure applies only if the alleged misconduct:

(a) Occurred in the United States;

(b) Occurred during a university educational program or activity;

(d) At the time of filing a formal complaint, the complainant was participating or attempting to participate in the educational program or activity.

(2) For purposes of this supplemental procedure, an "educational program or activity" is defined as locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the university.

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (d) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the university from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the student conduct code under WAC 106-125-020.

(4) If the student conduct officer determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the student conduct officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-210, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-215 Initiation of discipline.

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

(2) If the student conduct officer determines there are sufficient grounds to proceed under these supplemental procedures, the student conduct officer will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the chair of the student conduct council and serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

(a) Set forth the basis for Title IX jurisdiction;

(b) Identify the alleged Title IX violation(s);

(d) Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);

(e) Explain that the parties are entitled to be accompanied by their chosen advisors during the hearing and that:

(i) The advisors will be responsible for questioning all witnesses on the party's behalf;

(ii) An advisor may be an attorney; and

(iii) The university will appoint the party an advisor of the university's choosing at no cost to the party, if the party fails to do so; and

(f) Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-215, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-220 Student conduct council.

For purposes of this supplemental Title IX procedure, the student conduct council shall consist of three university employees appointed by the university president (or designee) in accordance with WAC 106-125-070. The university may request an administrative law judge (ALJ) from the office of administrative hearings or other trained hearing officer to serve as the presiding officer in conducting the Title IX hearing.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-220, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-225 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct council will send a hearing notice to all parties, in compliance with WAC 106-125-075. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

(2) A party may choose to have an attorney serve as their advisor at the party's own expense. This right will be waived unless, at least five days before the hearing, the attorney files a notice of appearance with the conduct council chair with copies to all parties and the student conduct officer.

(3) In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether the university intends to offer the evidence at the hearing.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-225, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-230 Rights of parties.

(1) The university's student conduct council hearing procedures, WAC 106-125-075, 106-125-080, and 106-125-085, and this supplemental procedure shall apply equally to all parties.

(2) The university bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.

(3) The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

(4) During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney. If a party does not choose an advisor, then the Title IX coordinator will appoint an advisor of the university's choosing on the party's behalf at no expense to the party.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-230, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-235 Evidence.

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

(1) The conduct council chair shall review all questions for relevance and shall explain on the record the chair's reasons for excluding any question based on lack of relevance. Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

(2) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or

(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.

(3) Unless this rule is abrogated by operation of law pursuant to WAC 106-125-201, if a party or witness does not submit to cross-examination during the live hearing, the conduct council must not rely on any statement by that party or witness in reaching a determination of responsibility.

(4) Except as abrogated by operation of law pursuant to WAC 106-125-201, the conduct council may not make an inference regarding responsibility solely on a witness's or party's absence from the hearing or refusal to answer questions.

(5) The conduct council shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

(b) Attorney-client and attorney work product privileges;

(d) Privileges applicable to medical providers, mental health therapists, and counselors;

(e) Privileges applicable to sexual assault and domestic violence advocates; and

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-235, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-240 Initial decision.

(1) In addition to complying with WAC 106-125-085, the student conduct council will be responsible for conferring and drafting an initial decision that:

(a) Identifies the allegations of sexual harassment;

(b) Describes the grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(d) Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX;

(e) Contains a statement of, and rationale for, the conduct council's determination of responsibility for each allegation;

(f) Describes any disciplinary sanction or conditions imposed against the respondent, if any;

(g) Describes to what extent, if any, complainant is entitled to remedies designed to restore or preserve complainant's equal access to the university's education programs or activities; and

(h) Describes the appeal process for review of the conduct council's decision by the university's conduct review officer under WAC 106-125-090.

(2) The conduct council chair will serve the initial decision on the parties simultaneously.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-240, filed 2/22/22, effective 3/25/22.

Wash. Admin. Code § 106-125-245 Appeal of initial decision.

(1) The parties shall have the right to appeal the initial decision of the student conduct council in accordance with the appeal procedures and timelines under WAC 106-125-045.

(2) The initial decision of the student conduct council shall be reviewed on appeal by the conduct review officer in accordance with this section and the appeal procedures under WAC 106-125-090.

(3) The conduct review officer will prepare a written review decision determining whether the grounds for appeal have merit, providing the rationale for this conclusion, and determining whether the disciplinary sanction(s) and condition(s) imposed in the initial decision are affirmed, vacated, or modified, and, if modified, setting forth any new disciplinary sanction(s) or condition(s).

(4) The conduct review officer shall serve the conduct review decision on the parties simultaneously.

(5) The decision of the conduct review officer shall be final.

History

Statutory Authority: RCW 28B.35.120. WSR 22-06-018, § 106-125-245, filed 2/22/22, effective 3/25/22.

Chapter 106-140 Use of facilities.

Wash. Admin. Code § 106-140-010 Business sales.

The soliciting, selling, exposing for sale, or offering to sell of any goods, services, articles, wares or merchandise of any nature whatsoever, within the boundaries of Central Washington University property is prohibited except by written permission of the board of trustees, president, or his designee: Provided, That this section shall not apply to any otherwise legal private, personal, noncommercial sales between individuals where no general or public solicitation, exposure for sale or offer to sell is involved, or to the soliciting, selling, exposing for sale, or offering to sell of individual books, newspapers, magazines, pamphlets, and similar published materials.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-010, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-010, filed 7/11/78
Order 2, § 106-140-010, filed 1/13/72.

Wash. Admin. Code § 106-140-011 Business sales—Restrictions.

Central Washington University property and facilities may not be used for the activities set forth in WAC 106-140-010 unless such activities serve the purposes and needs of the university and are sponsored by a university department, agency, or recognized organization. Such activities must be in compliance with the commercial activity policies of the university.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-011, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-011, filed 7/11/78
Order 2, § 106-140-011, filed 1/13/72.

Wash. Admin. Code § 106-140-020 Advertising—Advertising in recognized student and faculty publications.

Advertising in publications of the university and its recognized student or faculty organizations or on university-operated radio or television broadcasts is permitted within the requirements of journalistic policies, prices, rules, and regulations established by each program.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-020, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-020, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-020, filed 7/11/78
Order 2, § 106-140-020, filed 1/13/72.

Wash. Admin. Code § 106-140-023 Advertising rates—Student publications.

The following rules shall be followed regarding advertising rates in student publications:

(1) Display advertising rates shall be appropriately and publicly announced prior to each year's publication period.

(2) Rates shall bear reasonable relationship to prevailing commercial standards and shall be based upon current economic conditions, publication financial requirements, and competitive situations.

(3) Differentials in display advertising rates shall be permitted based upon frequency and amount of advertising by advertisers and upon classification of advertisements, such as "local" or "national."

(4) Classified advertising rates, appropriately set and properly announced, shall be on the basis of cost per line.

(5) Closing dates for receipt of advertising material shall be set according to current mechanical publication requirements.

(6) Acceptability of advertisements shall be determined prior to each year's publication period and based upon current state law, other university rules and regulations, and commonly accepted practices and mores.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-023, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-023, filed 11/7/86.

Wash. Admin. Code § 106-140-025 Advertising rates—KCAT radio station.

Whenever possible, the advertising rates of KCAT shall be in accordance with the standards set by the Intercollegiate Broadcasting System.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-025, filed 11/7/86.

Wash. Admin. Code § 106-140-036 Publicity and literature—Commercial advertising prohibited.

University facilities and property shall not be used for commercial advertising by nonuniversity groups or individuals except by written permission of the president, or designee.

History

Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. WSR 95-22-058, § 106-140-036, filed 10/30/95, effective 11/30/95. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-036, filed 7/11/78
Order 2, § 106-140-036, filed 1/13/72.

Wash. Admin. Code § 106-140-040 Selling on campus.

Selling within the boundaries of Central Washington University property may be permitted in the manner and at the locations as set forth below:

(1) University housing:

(a) The selling of items in vending machines is controlled by and administered through the office of the director of auxiliary services, excepting those in the student union building, which are under the control of the student union building administration.

(b) Residents in university housing are allowed to sell or to offer services on commission with a special permit from the director of auxiliary services or designee. Students may request such a permit only for their assigned room or housing unit because door-to-door selling is not allowed on campus.

(2) Other campus areas, as follows:

(a) Selling by individual students or by recognized organizations in classroom buildings, administrative buildings, or service buildings is not allowed without special permission that must be obtained from the vice president for business and financial affairs or designee not less than five business days prior to the date the requested activity is to take place.

(b) The university athletic committee regulates the selling policy at university athletic events. Applications for permission to sell at such events shall be made to the university athletic director or designee.

(c) The Samuelson Union board regulates selling by individuals and groups in the Samuelson Union Building. Applications for permission to sell in the Samuelson Union Building shall be made to the vice president for student affairs or designee through the scheduling center. Off-campus vendors may rent table space in the union building for a maximum of two days (five if ware fairs are included) per academic quarter. Requests for exceptions to this regulation will be made to the vice president for student affairs or designee.

(3) Violations of the foregoing on any university property should be reported promptly to the vice president for business and financial affairs except for Samuelson Union Building which should be reported to the vice president for student affairs.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-040, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-040, filed 11/7/86. Statutory Authority: RCW 28B.40.120. WSR 78-02-048 (Order 38), § 106-140-040, filed 1/19/78
Order 2, § 106-140-040, filed 1/13/72.

Wash. Admin. Code § 106-140-050 Soliciting and selling of published materials.

The personal, noncommercial soliciting, selling, exposing for sale, or offering to sell by a person or persons, of any books, newspapers, magazines, pamphlets, and similar published materials shall be permitted within the boundaries of Central Washington University property, provided that such published materials are not already available for sale at the university, and shall be subject to regulation by the university president or his designee as to the time, place, and manner thereof. Applications for permission to solicit or sell under this policy shall be submitted to the president or his designee twenty-four hours prior to the time such use of the university facilities is desired. The president or his designee shall establish the time, place, and manner that such soliciting and selling shall occur within the boundaries of university property. All rules and regulations, orders or directives adopted by the president or his designee pursuant to this section shall be promulgated.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-050, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-050, filed 7/11/78
Order 2, § 106-140-050, filed 1/13/72.

Wash. Admin. Code § 106-140-051 Soliciting and selling of published materials—Exceptions.

WAC 106-140-050 shall not apply to otherwise legal private sales between individuals where no general or public solicitation, exposure for sale, or offer to sell is involved.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-051, filed 10/3/94, effective 11/3/94
Order 2, § 106-140-051, filed 1/13/72.

Wash. Admin. Code § 106-140-052 Soliciting and selling of published materials—Prohibitions.

The soliciting, selling, exposing for sale, or offering to sell of any material in violation of Washington state law is prohibited.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-052, filed 10/3/94, effective 11/3/94
Order 2, § 106-140-052, filed 1/13/72.

Wash. Admin. Code § 106-140-110 Telephone services—Long distance calls.

Personal long distance calls may not be charged to any university telephone number; any individual doing so shall pay for the cost of the toll charge, plus an additional penalty charge established by the university. Long distance telephone calls may be placed from university telephones by charging the call to a nonuniversity telephone number or to a credit card.

Violation of this section may result in disciplinary action.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-110, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-110, filed 7/11/78
Order 4, § 106-140-110, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-111 Telephone services—Requests for repairs.

All requests for repair of university telephones are to be made with university telecommunication services.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-111, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-111, filed 7/11/78
Order 4, § 106-140-111, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-112 Telephone services—Approval of installations.

Telephones in all administrative and academic buildings of the university may only be installed with the approval of the manager of telecommunication services.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-112, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-112, filed 7/11/78
Order 4, § 106-140-112, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-113 Telephone services—Right to restrict or modify services.

The university reserves the right at any time it deems necessary to restrict or change:

(1) The telephone services,

(2) Access to controlled long distance networks,

(3) The hours of having operators on duty,

(4) The amounts and types of information it will make available to the public through telecommunication services.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-113, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-113, filed 7/11/78
Order 4, § 106-140-113, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-120 Motor pool—University vehicles—University personnel.

University vehicles shall be utilized and operated only by university employees, or students of Central Washington University authorized by university officials, provided they have a valid operator's license on their person.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-120, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-120, filed 7/11/78
Order 4, § 106-140-120, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-121 Motor pool—University vehicles—Student personnel.

Student employee use of vehicles is limited to that use authorized by departmental chairs and administrative heads.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-121, filed 11/7/86
Order 4, § 106-140-121, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-130 Prohibition of smoking.

Smoking is prohibited in university buildings except campus living facilities and designated areas.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-130, filed 10/3/94, effective 11/3/94
Order 4, § 106-140-130, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-131 Building key—Authority to issue.

(1) Only department chairs and administrative heads may authorize issuance of submaster, building entrance, or individual room keys for their departments to faculty, staff, administrators, students, contractors, vendors, or service agents.

(2) Only deans, vice presidents, the director of auxiliary services, and the director of physical plant are authorized to issue building masters for their respective operational areas.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-131, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-131, filed 11/7/86.

Wash. Admin. Code § 106-140-133 Responsibility for expenses resulting from failure to return keys.

(1) The administrative head authorizing issuance of keys to contractors, vendors, or service agents will be responsible for the return of the keys to the lock shop as scheduled, and if the keys are not returned as scheduled, will be required to pay the cost of recombinating work necessary to retain building security and function as determined by the director of facilities management.

(2) The department responsible for the issuance of keys may be billed the cost of recombinating work necessary to restore security when faculty, staff, administrators, or students fail to return keys to the key shop. The work required to restore security will be determined by the director of facilities management for state-funded facilities and by the director of auxiliary services for auxiliary service facilities. The responsible department chair or administrative head will be informed of the cost estimate prior to the rekeying process.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-133, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-133, filed 11/7/86.

Wash. Admin. Code § 106-140-135 Keys—Transferring/loaning prohibited.

Transferring university keys between individuals is prohibited. Loaning keys to university facilities is prohibited. Individuals who loan their keys will be held responsible should they be improperly used.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-135, filed 11/7/86.

Wash. Admin. Code § 106-140-137 Failure to return keys to lock shop—Penalties.

Failure to return keys to the lock shop may result in withholding of salary/wages, transcripts, registration, and/or graduation.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-137, filed 11/7/86.

Wash. Admin. Code § 106-140-156 University bookstore—Packages.

The public is required to leave all packages, books, supplies, packs, bags, large handbags, etc., outside the university bookstore sales display area, provided that those carried in shall be subject to search prior to leaving the sales display area.

History

Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-156, filed 7/11/78
Order 4, § 106-140-156, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-158 University bookstore—Sales restrictions.

Only merchandise or items sold by the university bookstore as a part of its operation may be sold within the university bookstore premises.

History

Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-158, filed 7/11/78
Order 4, § 106-140-158, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-160 Use of university mailing and stationery services.

No one may employ university stationery, services (mail, duplicating, equipment, etc.), and supplies for personal use or for organizations not sponsored solely by the university.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-160, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-140-160, filed 7/11/78
Order 4, § 106-140-160, filed 6/16/72, effective 7/20/72.

Wash. Admin. Code § 106-140-401 Facilities scheduling and use.

The coordinator of the university scheduling center shall have authority for approving and scheduling the use of the following facilities:

(1) Classrooms (lecture and seminar) and certain specified conference rooms within academic facilities: Provided, That scheduling of these facilities by academic departments for academic purposes shall have priority over other uses;

(2) Samuelson Union Building facilities;

(3) Limited housing and dining hall facilities, except that such facilities are made available only through the director of auxiliary services or the director's designee.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-401, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-401, filed 11/7/86.

Wash. Admin. Code § 106-140-410 Use of facilities for campaign purposes.

No political candidate or group supporting specific candidates for political office, or persons or groups campaigning for specific political issues, or political candidates can use university space or facilities free of charge, such as the campus newspaper, campus radio or TV station, or receive university support for those political activities. Furthermore, no university equipment, including duplicating machines, computers, telephones, mailing services, or supplies may be used free of charge for political or other nonuniversity purposes.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-410, filed 11/7/86.

Wash. Admin. Code § 106-140-411 Use of facilities for campaign purposes—Requirements.

The purpose of Central Washington University is to provide a liberal education in a number of academic fields; it has been established for public benefit rather than for the benefit of any private endeavors. In no case may university facilities or services be used to establish or maintain an office or headquarters for a political candidate or partisan political cause. Rules, regulations, policies, procedures, and practices regarding the use of university facilities shall not discriminate or promote discrimination among political parties or groups solely on the basis of their particular political viewpoint.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-411, filed 11/7/86.

Wash. Admin. Code § 106-140-527 Available space—Prohibition.

University organizations or members of the staff, faculty, students, or administration of Central Washington University shall not be permitted to assume cosponsorship for another group or individual in order to favorably affect scheduling priority or to reduce the costs otherwise chargeable to such other group or individual.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-527, filed 11/7/86.

Wash. Admin. Code § 106-140-528 Available space—Limitations.

University facilities available to nonuniversity organizations through the scheduling office may be used for religious worship, training, instruction, or prayer meetings when available and at full rental charge rates: Provided, That such facilities may not be scheduled, leased, rented, or used on a regular series basis, daily, weekly, monthly, etc., or in any manner that establishes a consistent pattern of the aforementioned religious usage of university facilities.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-528, filed 11/7/86.

Wash. Admin. Code § 106-140-600 Entertainment policy.

The entertainment policy for Central Washington University shall be maintained by the director of student activities, except for those for university housing which shall be maintained by the director of housing services and the director of residence living. All entertainment as defined in WAC 106-140-601 shall be presented in accordance with this policy and in accordance with the provisions of WAC 106-140-602 through 106-140-632.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-600, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-600, filed 11/7/86.

Wash. Admin. Code § 106-140-601 Entertainment defined.

"Entertainment" wherever used in chapter 106-140 WAC shall be defined as follows: "Any performance, dance, concert, attraction, fund-raising event, or other event presented on campus which shall require the use of Central Washington University facilities and is sponsored by either the Associated Students of Central, an officially recognized organization, or private entity."

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-601, filed 11/7/86.

Wash. Admin. Code § 106-140-605 Entertainment—Approval required.

All entertainment, except athletic events administered by academic departments and events sponsored through the university office of recreation and intramurals must have the signed approval of the vice president for student affairs or designee.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-605, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-605, filed 11/7/86.

Wash. Admin. Code § 106-140-632 Entertainment—Damages bond—Responsibilities of sponsor.

Officially recognized organizations and private entities may be required to furnish Central Washington University with a certificate of insurance or other satisfactory proof that such organization or private entity has purchased reasonable broad form insurance coverage (e.g., $1,000,000 liability coverage and $250,000 property damage coverage for use of Nicholson Pavilion) for the entertainment event presented by such organization or private entity, of which Central Washington University is the sole beneficiary. The following shall be required of all officially recognized organizations and private entities presenting entertainment:

(1) Each organization or private entity shall provide the scheduling office with a complete list of all the officers, agents, and representatives of the organization, including full names, local addresses, and permanent addresses of each.

(2) Each organization or private entity shall be responsible for the admissions, attendance, and crowd control in the university facilities during the time reserved for their organization.

(3) Each organization or private entity assumes responsibility for all violations of campus regulations and policies, state law, and federal law which occur in connection with the use of the facilities and shall hold the university harmless from any claims or liability for any act or failure to act on the part of the organization.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-632, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-632, filed 11/7/86.

Wash. Admin. Code § 106-140-660 Authority of athletic director to administer athletic events.

The athletic director of Central Washington University shall establish reasonable admission fees, rules, and regulations regarding attendance and crowd control at athletic events at Central Washington University. Advance notice of such admissions fees, rules, and regulations regarding attendance and crowd control at athletic events at Central Washington University will be provided to interested parties, whenever possible, by the athletic director.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-660, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-660, filed 11/7/86.

Wash. Admin. Code § 106-140-670 Authority of vice president for student affairs to administer recreation program.

The vice president for student affairs or designee may establish reasonable admission charges, schedules, rules, and regulations regarding uses, attendance, and crowd control at Nicholson Pavilion and Pool, and admission charges will be assessed for university employees and their immediate families during such periods. Advance notice of such charges, schedules, rules, and regulations shall be provided to interested parties, whenever possible, by the vice president or designee.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-140-670, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-670, filed 11/7/86.

Wash. Admin. Code § 106-140-680 Authority of academic departments to administer their sponsored public events.

Following approval by the appropriate dean, academic departments may establish reasonable admissions fees, rules, and regulations regarding attendance and crowd control for public events which they sponsor. Such admission charges may be assessed for university staff, faculty, student body, and the general public. However, when Central Washington University student fees are allocated for the direct support of an academically related public event, Central Washington University students shall normally be provided a reduced student admission charge for such event. Advance notice of such admission fees, rules, and regulations shall be provided to interested parties as soon as possible after their adoption, by the respective academic departments.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-140-680, filed 11/7/86.

Chapter 106-141 Use of campus facilities for expressive activity.

Wash. Admin. Code § 106-141-010 Purpose.

This chapter contains the policies of Central Washington University concerning the use of campus facilities by campus and noncampus groups for engaging in free speech and other expressive activities. The university as an academic institution values freedom of inquiry and expression, civil discourse, and tolerance of competing viewpoints. At the same time, campus facilities are intended primarily for use by campus groups for educational and related institutional purposes. The university intends to open the campus for expressive use by noncampus groups to the extent that such usage does not substantially and materially interfere with institutional purposes. It is further intended, both with respect to campus and noncampus groups, that these expressive activity policies shall be interpreted and applied consistently with applicable constitutional law.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-102, § 106-141-010, filed 8/2/19, effective 9/2/19.

Wash. Admin. Code § 106-141-020 Definitions.

(1) Campus facilities - Grounds and buildings. The term "campus facilities" as used in this chapter means the grounds and buildings owned, leased, operated, or controlled by the university at its campuses in Ellensburg and other locations throughout the state.

(a) Grounds. The campus "grounds" consist of those outdoor areas of the campus that are generally open and accessible to the public, including any commons, public square, plaza, patio, pedestrian mall, thoroughfare or walkway, multipurpose field, lawn, or open space.

(b) Buildings. The "buildings" of the campus consist of any academic or administrative building, student union, library, museum or gallery, auditorium, theater, concert or recital hall, laboratory, dining or residence hall, athletic or recreational facility, conference or event center, maintenance or storage facility, parking lot, and any other structure reserved by the university for designated institutional uses.

(2) Campus and noncampus groups. The term "campus groups" means individuals or groups of individuals affiliated with the university as students, faculty or staff, or invited guests sponsored by a recognized student or alumni organization, academic department, or administrative office of the university. A "noncampus group" means individuals or groups of individuals who are not so affiliated with the university.

(3) Expressive activity. The term "expressive activity" means the exercise of those rights of speech, petition, and assembly protected under the federal and state constitutions including, but not limited to, public speech or other expressive conduct, the circulation of petitions or distribution of literature, protests, demonstrations, rallies, picketing, and other gatherings to share information, ideas, beliefs, or viewpoints.

(4) Public forum - Designated or limited. A "public forum" for purposes of this chapter is either "designated" or "limited." A dedicated public forum is available for expressive use both by campus and noncampus groups. A limited forum is available for expressive use only by campus groups and may be limited to designated purposes.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-102, § 106-141-020, filed 8/2/19, effective 9/2/19.

Wash. Admin. Code § 106-141-030 Use of campus facilities for expressive activity.

(1) Campus grounds. The grounds of the campus constitute designated public forums available for use for expressive activity both by campus and noncampus groups, as those terms are defined in WAC 106-141-020.

(2) Campus buildings. The buildings of the campus constitute limited public forums available for use for expressive activity only by campus groups, as those terms are defined in WAC 106-141-020, and may be limited to designated purposes. Campus buildings and other facilities are available for rent by noncollege groups in accordance with the university's facility rental policies.

(3) Limits on usage. The use of campus facilities by campus or noncampus groups for expressive activities is subject to reasonable time, place, and manner regulations as set forth in WAC 106-141-040.

(4) Exception - Open public meetings. Nothing in these rules is intended to apply to public participation in meetings of the university's governing board or associated student body that are required to be open to the public under the Open Public Meetings Act, chapter 42.30 RCW.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-102, § 106-141-030, filed 8/2/19, effective 9/2/19.

Wash. Admin. Code § 106-141-040 Limitations on use of campus facilities.

Campus or noncampus groups using campus facilities for expressive activities shall be subject to the following rules governing the time, place, and manner of the expressive activity.

(1) Disruption or interference. The expressive activity must not substantially and materially disrupt or interfere with the university's essential academic or administrative functions or with the rights and privileges of the university's students, employees, or invitees.

(2) Hours of activity. Expressive activity on the campus grounds as defined in WAC 106-141-020 must be limited between the hours of 8:00 a.m. and 10:00 p.m. Expressive activity in campus buildings must be limited in accordance with the normal hours of operation and other rules applicable to the particular building.

(3) Scheduling conflicts. Campus facilities, including both "grounds" and "buildings" as defined in WAC 106-141-020, are not available for unscheduled expressive activities that conflict with previously scheduled uses of the facility.

(4) Sound amplification. Sound amplification, whether by artificial means or otherwise, must be maintained at a volume that does not substantially and materially disrupt or interfere with the university's essential academic or administrative functions.

(5) Traffic obstruction. The expressive activity must not be conducted in such a manner as to obstruct vehicular, bicycle, pedestrian, or other traffic including, but not limited to, access by emergency vehicles or personnel. The activity must not otherwise interfere with access to campus facilities or to other campus activities or events.

(6) Health and safety - Protection of property. The expressive activity must not create health or safety hazards, pose safety risks to others, or cause damage to university property or the property of others. The activity must be conducted in compliance with applicable fire, health, safety, and sanitation regulations.

(7) Advance notice requested. Campus and noncampus groups are requested to notify the university reasonably in advance of a planned or scheduled expressive activity. Such notice does not involve any permit application or approval process. Advance notice is requested for the purpose of avoiding scheduling conflicts and making appropriate security and facility use arrangements. Groups providing the requested notice are encouraged to provide the name and contact information for their group; the date, time and place of the activity; and the estimated number of participants.

(8) Cleanup - Repairs. Campus and noncampus groups using campus facilities for expressive activities are expected to clean up after the activity and return the facilities to their original condition. Reasonable charges may be assessed against responsible parties for the cost of any extraordinary cleanup or for repairing damaged property.

(9) Camping prohibited. There shall be no overnight camping anywhere on or in campus facilities, except as expressly authorized by the university for designated institutional purposes. Camping is defined to include sleeping, cooking, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(10) Other applicable policies or rules. The expressive activity must otherwise be conducted in compliance with any other applicable university policies and rules, local ordinances, and state or federal law.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-102, § 106-141-040, filed 8/2/19, effective 9/2/19.

Wash. Admin. Code § 106-141-050 Solicitation—Distribution of materials—Posting.

(1) Solicitation. Commercial solicitation generally is not permitted on university property. Solicitation by campus and noncampus groups for other than commercial purposes is permitted to the same extent applicable to the distribution of materials under subsection (2) of this section. Space in campus buildings may be rented to noncampus groups for commercial or noncommercial purposes in accordance with university policies applicable to the particular campus facility.

(2) Distribution of materials.

(a) Definition. The term "materials" for purposes of this subsection means free literature or other tangible items, other than commercial advertising including, but not limited to, handbills, pamphlets, petitions, surveys, questionnaires, and other printed matter that is otherwise lawful.

(b) Distribution on campus grounds. Campus and noncampus groups may distribute materials anywhere on the campus grounds as defined in WAC 106-141-020, provided such distribution does not substantially and materially interfere with essential university functions and is otherwise in compliance with applicable time, place, and manner regulations under WAC 106-141-040.

(c) Distribution in campus buildings. The distribution of materials in campus buildings as defined in WAC 106-141-020 is limited to campus groups in accordance with university policies applicable to the particular facility.

(d) Littering - Parking lots. Littering is prohibited. The general distribution of materials by placing them on vehicle windshields in university parking lots is deemed to constitute littering.

(3) Posting. The posting by campus groups of noncommercial advertising or other printed announcements is permitted in designated locations and for designated purposes in accordance with policies applicable to the particular campus facility. Posting of noncommercial announcements by noncampus groups is permitted in areas designated for publicizing community events.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-102, § 106-141-050, filed 8/2/19, effective 9/2/19.

Wash. Admin. Code § 106-141-060 Violations—Trespass—Appeals.

(1) Violations by students or employees. University students or employees violating these rules will be advised of the specific nature of the violation and, if the violation persists or poses an immediate risk of harm to others, may be asked to leave the campus, or designated areas of the campus, and may be reported to the appropriate university authorities for potential corrective or disciplinary action in accordance with applicable university policies.

(2) Violations by nonuniversity persons. Persons other than university students or employees violating these rules will be advised of the specific nature of the violation and, if the violation persists or poses an immediate risk of harm to others, may be directed by university police to leave the campus or designated areas of the campus. Such direction will be in the form of a written notice of trespass withdrawing the license or privilege of such persons to enter onto or remain on university property, either temporarily or for a stated period of time, and subjecting such persons to arrest for criminal trespass under chapter 9A.52 RCW or applicable municipal ordinance.

(3) Appeal of trespass notice. When the university under subsection (2) of this section revokes the license or privilege of any person to be on university property, whether temporarily or for a stated period of time, such person may request review of the decision by the university president or designee. The request must be made in writing within ten calendar days of receiving the trespass notice and must explain why the person disagrees with the trespass decision. The trespass notice will remain in effect pending administrative review. The administrative decision should be issued within five business days and will constitute the final decision of the university.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-102, § 106-141-060, filed 8/2/19, effective 9/2/19.

Chapter 106-156 Housing and dining hall services.

Wash. Admin. Code § 106-156-010 Students required to live in university residence halls.

All full-time single freshman and sophomore students of Central Washington University under twenty-one years of age are required to live in university residence hall facilities. Residence hall facilities do not include apartments for single or married students.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-008 (Order CWU AO 77), § 106-156-010, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-156-010, filed 7/11/78
Order 27, § 106-156-010, filed 4/22/76
Order 7, § 106-156-010, filed 8/18/72, effective 9/20/72.

Wash. Admin. Code § 106-156-011 Students required to live in university residence halls—Exceptions.

Exceptions to WAC 106-156-010 may be granted to the following students:

(1) Those who are living with parents or relatives.

(2) Those with medical reasons.

(3) Those employed off campus and housing and/or board is a part of their overall compensation received.

(4) Those who will reach the age of twenty-one within thirty days after the start of the quarter.

(5) Those who have completed six quarters as a full-time student.

(6) Those who have unique situations not otherwise covered in this paragraph of exceptions and obtain the approval of the director of auxiliary services, or the director's designee.

The director of auxiliary services has established a committee of whom the student may request a proceeding and ruling on the student's request for an exception.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-008 (Order CWU AO 77), § 106-156-011, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-156-011, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-156-011, filed 8/14/80
Order 27, § 106-156-011, filed 4/22/76
Order 7, § 106-156-011, filed 8/18/72, effective 9/20/72.

Wash. Admin. Code § 106-156-012 Students required to live in university residence halls—Definitions.

Definitions of exceptions as stated in WAC 106-156-011 shall mean and are defined as follows:

(1) "Living with" shall mean those whose domiciles are in the place of residence of a parent or relative and will be commuting from such place of residence on a daily basis.

(2) "Parents or relatives" shall mean a parent, legal guardian, grandparent, brother, sister, aunt, uncle, or first cousin.

(3) "Medical reason" shall mean a medical problem that shall require a student to live in other than a university residence hall. Written verification of the medical problem and the requirement not to live in a residence hall must be obtained and submitted from a licensed physician or licensed psychologist.

(4) "Employment in nonuniversity housing and housing and/or board is part of their overall compensation received" shall mean employment for an established place of business or for an established family unit when a landlord/employer requires the student to reside where the work is performed and a substantial portion of the rent and/or room and board is reduced as a part of the overall compensation for the work performed for the landlord/employer at the place of the residence of the student.

(5) "Completed six quarters as a full-time student" shall mean enrollment in and completion of a minimum of ten quarter credit hours of academic work in each of the six quarters.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-008 (Order CWU AO 77), § 106-156-012, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-156-012, filed 7/11/78
Order 27, § 106-156-012, filed 4/22/76.

Wash. Admin. Code § 106-156-013 Students required to live in university residence halls—Verification and time requirement.

Acceptable written verification shall be provided to the university for all exceptions at the time the request for an exception is made.

(1) A currently enrolled student wishing to apply for an exception to the university housing policy as set forth in WAC 106-156-010 shall reduce such request to writing and file it as required by the director of auxiliary services no later than 5:00 p.m. on the last day of the fifth week of classes in the quarter preceding the quarter the exception is requested.

(2) A newly admitted or reenrolling student who has not been enrolled as a student at Central the previous quarter wishing to apply for an exception to the university housing policy as set forth in WAC 106-156-010 shall reduce such request to writing and file such request in the office of the director of auxiliary services as required by the director of auxiliary services within twenty days after such student's acceptance to the university; however, in no event later than 5:00 p.m. on the day following such student's day of registration.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-008 (Order CWU AO 77), § 106-156-013, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-156-013, filed 7/11/78
Order 27, § 106-156-013, filed 4/22/76.

Wash. Admin. Code § 106-156-015 Eligibility for university family housing.

Generally eligibility to lease and occupy university family housing is limited to students, full-time faculty, and full-time staff members of the university. A student is one who maintains a minimum of twelve quarter hours as an undergraduate student or ten quarter hours as a graduate student. Concurrent enrollment of husband and wife to maintain the minimum hours does not fulfill this requirement. This regulation applies to each quarter, with the exception of a tenant living in family housing during spring quarter who wishes to remain as a nonstudent during the summer. The student may do so if he or she indicates in writing an intention to reenroll fall quarter.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-21-008 (Order CWU AO 77), § 106-156-015, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-156-015, filed 7/11/78
Order 7, § 106-156-015, filed 8/18/72, effective 9/20/72.

Wash. Admin. Code § 106-156-050 Use of housing facilities.

Only residents, their guests, persons having official business, and associate members of housing facilities, are authorized to enter or use the buildings or their facilities. Use of common areas by nonresidents may be approved by the director of housing services.

History

Order 7, § 106-156-050, filed 8/18/72, effective 9/20/72.

Chapter 106-168 Library policies.

Wash. Admin. Code § 106-168-008 Violation of library policies.

Violators of library policies may be subject to appropriate disciplinary action, including assessment of service charges and revocation of library privileges.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 08-23-044, § 106-168-008, filed 11/13/08, effective 12/14/08. Statutory Authority: RCW 28B.35.120(11). WSR 83-01-036 (Order 50), § 106-168-008, filed 12/10/82.

Wash. Admin. Code § 106-168-009 Library user conduct.

Users are expected to maintain appropriate public behavior while using the library facilities. The library user policy is available online at http://www.lib.cwu.edu/info/policies/conduct.html. This policy is reviewed and updated annually. The current policy is posted in the entryway and at all public service desks in the library building.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 08-23-044, § 106-168-009, filed 11/13/08, effective 12/14/08
WSR 06-23-104, § 106-168-009, filed 11/16/06, effective 12/17/06
WSR 94-21-008 (Order CWU AO 77), § 106-168-009, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.35.120(11). WSR 83-01-036 (Order 50), § 106-168-009, filed 12/10/82.

Wash. Admin. Code § 106-168-065 Borrower identification cards.

In order to check out materials, borrowers must present an authorized university library identification card.

History

Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 08-23-044, § 106-168-065, filed 11/13/08, effective 12/14/08
WSR 94-21-008 (Order CWU AO 77), § 106-168-065, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 28B.35.120(11). WSR 83-01-036 (Order 50), § 106-168-065, filed 12/10/82.

Chapter 106-276 Public records.

Wash. Admin. Code § 106-276-001 Purpose.

The purpose of this chapter is to provide for public access to existing, identifiable, nonexempt public records of Central Washington University in accordance with the Public Records Act, chapter 42.56 RCW.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-001, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-001, filed 7/11/78
Order 11, § 106-276-001, filed 2/27/73.

Wash. Admin. Code § 106-276-010 Definitions.

(1) Public record. The term "public record" and other terms defined in the Public Records Act shall have the same meaning in this chapter that they have under the Public Records Act.

(2) Public Records Act. References in this chapter to the "Public Records Act" are to chapter 42.56 RCW.

(3) Requestor. A "requestor" is any person or entity requesting public records of the university pursuant to the Public Records Act.

(4) University. The term "university" means Central Washington University.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-010, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-010, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-276-010, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-010, filed 7/11/78
Order 11, § 106-276-010, filed 2/27/73.

Wash. Admin. Code § 106-276-030 Description of the university.

(1) Mission - Governance. Central Washington University is a public institution of higher education established under chapter 28B.35 RCW as a regional university offering academic and professional degree programs at the undergraduate and graduate levels. The university is governed by a board of trustees appointed by the governor. The board appoints a president who serves as the chief executive officer responsible for the administration of the university.

(2) Main campus - University centers. The main campus of the university is located at 400 East University Way, Ellensburg, Washington 98926. The university also offers educational programs online and at university centers located throughout the state, including Des Moines, Everett, Kent, Lakewood/Pierce County, Lynnwood, Moses Lake, Sammamish, Wenatchee, and Yakima.

(3) Policies and procedures. University policies meeting the definition of a "rule" under the Administrative Procedure Act, chapter 34.05 RCW, are adopted by the board of trustees and published in Title 106 WAC. Other university policies approved by the administration are published in policies and procedures manuals available on the university website.

(4) Documents index. As an institution of higher education, the university generally does not have occasion to issue nonexempt "final orders," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. The secretary of the university's board of trustees does maintain and publish on the university website a documents index of the board's approved meeting minutes, motions, and resolutions. Inquiries may be directed to the secretary of the board in the office of the president.

(5) University website. The university's official website, available at www.cwu.edu, provides general information about the university and its governing board, administration, educational programs, and policies and procedures. Persons seeking public records of the university are encouraged to view the records available on the website prior to submitting a records request.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-030, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-030, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-276-030, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-030, filed 7/11/78
Order 11, § 106-276-030, filed 2/27/73.

Wash. Admin. Code § 106-276-040 Public records officer.

(1) Designation. A public records officer designated by the university shall be responsible for responding to public records requests in accordance with the provisions of this chapter and applicable provisions of the Public Records Act, chapter 42.56 RCW. The duties of the public records officer under this chapter may be delegated to one or more public records assistants designated by the university.

(2) Duties. The public records officer shall oversee the university's compliance with the Public Records Act. The records officer (or designee) and the university are responsible for providing the fullest assistance to requestors of public records, for ensuring that public records are protected from damage or disorganization, and for preventing records requests from excessively interfering with essential institutional functions or unreasonably disrupting the operations of the university. The university may take reasonable precautions to prevent a requestor from being unreasonably disruptive or disrespectful to university staff.

(3) Records office. Inquiries regarding public records of the university may be addressed to the public records officer at the following office address:

Public Records Officer

Central Washington University

400 East University Way

Ellensburg, WA 98926-7474

Phone: 509-963-2310

Email: publicdisclosure@cwu.edu

(4) Office hours. The regular office hours of the public records office are from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-040, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-040, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-040, filed 7/11/78
Order 11, § 106-276-040, filed 2/27/73.

Wash. Admin. Code § 106-276-050 Requests for public records.

(1) Written requests preferred. Requests for public records of the university may be addressed to the public records officer at the address given in WAC 106-276-040. The university encourages, but does not require, requestors to use the public records request form made available by the public records office on the university website (www.cwu.edu/business-services). Requests made orally, whether by phone or in person, may be confirmed in writing by the public records officer.

(2) Contents of records requests. A request for public records must include the following information:

(a) The name and contact information of the person requesting the records;

(b) The requestor's mailing address, which may be an electronic mail address;

(d) A description of the requested records that is sufficiently detailed to enable the public records officer to identify and locate the records; and

(e) A statement indicating whether the requestor wishes to inspect the records or to receive copies of the records in paper or electronic form.

(3) Lists of individuals for commercial purposes. State agencies and institutions are not permitted to provide lists of individuals for commercial purposes. A request for lists of individuals must be accompanied by the requestor's signed declaration that the list will not be used for commercial purposes. The public records officer may inquire as to the requestor's intended use of the list and may deny the request if it is evident from the request that the list will be used for a commercial purpose.

(4) Assistance in identifying records. The public records officer may assist requestors in identifying the specific records sought by the requestor. With limited exceptions, a requestor may not be required to state the purpose of the request. However, the records officer may ask the purpose of the request if such inquiry will assist in identifying the records requested.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-050, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-050, filed 7/11/78
Order 11, § 106-276-050, filed 2/27/73.

Wash. Admin. Code § 106-276-060 Processing of records requests.

(1) Applicable law. Requests for public records will be processed in accordance with these rules and applicable provisions of the Public Records Act, chapter 42.56 RCW. Guidance concerning the application of these rules may be found in the advisory model rules adopted by the attorney general under chapter 44-14 WAC.

(2) Prioritizing of requests. Public records generally will be processed in the order in which they are received by the records office and within the staffing limitations of the office. However, the records office may expedite requests for a single record or for only a few records, if such records are easily identifiable and can be readily retrieved. The records office may ask, but not require, a requestor to prioritize the records the requestor is seeking.

(3) Clarification of requests. The public records office may request clarification of a records request in accordance with applicable provisions of the Public Records Act. The requestor must respond to the request for clarification within thirty days of the request.

(4) Providing records by installment. If a requestor submits multiple records requests, or if a request seeks a large number of records or many different types of records, the public records officer may provide access to the records in installments in accordance with applicable provisions of the Public Records Act.

(5) Denial of bot requests. The public records officer may deny a bot request as defined under the Public Records Act, RCW 42.56.080(3), if responding to the multiple requests would cause excessive interference with other essential functions of the university and the records officer reasonably believes the request was automatically generated by a computer program or script.

(6) Closure of requests. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill the requestor's obligations to inspect records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer will close the request and notify the requestor that the request has been closed.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-060, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-060, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-276-060, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.35.120. WSR 80-11-027 (Order 45), § 106-276-060, filed 8/14/80. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-060, filed 7/11/78
Order 11, § 106-276-060, filed 2/27/73.

Wash. Admin. Code § 106-276-070 Records exempt from inspection or copying.

(1) Public Records Act exemptions. The Public Records Act, chapter 42.56 RCW, exempts from inspection or copying certain categories of records as set forth in the Public Records Act or under other statutes. The public records office will disclose the existence of exempt records as required by law, but will deny the inspection or copying of such records to the extent that the records are exempt from inspection or copying under the Public Records Act or other applicable law.

(2) Commonly applied exemptions. The public records office maintains a list explaining the exemptions most commonly applied by the university in processing requests for public records. A copy of the list can be requested from the public records officer and will typically be provided by the records officer in responding to a request for records that are determined in whole or in part to be exempt from inspection or copying.

(3) Determining applicable exemptions. The public records officer may seek information from the requestor sufficient to determine whether another statute prohibits disclosure of the requested records. For example, student education records generally may not be disclosed to third parties without the student's written consent.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-070, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-070, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-070, filed 7/11/78
Order 11, § 106-276-070, filed 2/27/73.

Wash. Admin. Code § 106-276-080 Public records available for inspection.

(1) Scheduling of appointments. Public records identified as responsive to a public records request may be made available for inspection and copying during regular office hours by scheduling an appointment with the public records officer. The requestor must review the assembled records, or installment of records, within thirty days of being notified that the records are available for review. The records officer will notify the requestor in writing of this requirement and will ask the requestor or a representative of the requestor to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the university may close the request.

(2) Protection of records. The public records officer will be responsible for providing full access to public records made available for inspection, for protecting the records from damage or disorganization, and for preventing excessive interference with essential university functions. Public records made available for inspection may not be removed from the office without the permission of the records officer.

(3) Copying of records. The public records officer will arrange for copying of any records designated by the requestor and will charge such copying fees as may apply under WAC 106-276-090.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-080, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-080, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-276-080, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-080, filed 7/11/78
Order 11, § 106-276-080, filed 2/27/73.

Wash. Admin. Code § 106-276-090 Copying fees—Payments.

(1) Fees and payment procedures. The following copying fees and payment procedures apply to requests to the university under chapter 42.56 RCW received on or after the effective date of this section.

(2) Inspection of records. There is no fee for inspecting public records made available for inspection by the public records officer under WAC 106-276-080.

(3) Actual costs not calculated. Pursuant to RCW 42.56.120 (2)(b), the university is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The institution does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential university functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).

(4) Default fees adopted. The university will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The university will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the university may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The university may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the university are summarized in the fee schedule available on the university's website at www.cwu.edu/business-services.

(5) Advanced payment required - Fee waivers. Requestors are required to pay for copies in advance of receiving records or an installment of records. The records officer will notify the requestor when payment is due. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and consist of twenty-five or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(6) Copying fee deposits. The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceed twenty-five dollars.

(7) Payment method. Payment should be made by credit or debit card or by check or money order payable to Central Washington University. The university prefers not to receive cash. Cash payments will be accepted if made in the exact amount.

(8) Closure of request for nonpayment. The university will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-090, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-090, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-090, filed 7/11/78
Order 11, § 106-276-090, filed 2/27/73.

Wash. Admin. Code § 106-276-110 Review of denials of public records requests.

(1) Petition for internal administrative review. A requestor who objects to the denial, or partial denial, of a records request may petition in writing to the public records officer for a review of that decision. The public records officer will promptly refer the petition to the office of the president. A senior administrator designated by the president will consider the petition and will render a decision within two business days following the initial receipt of the petition by the public records officer. The time for considering the petition may be extended by mutual agreement of the university and the requestor.

(2) Review by attorney general's office. A requestor who objects to the denial or partial denial of a records request may request the office of the attorney general to review the matter as provided in RCW 42.56.530 and WAC 44-06-160. Requests for attorney general review must be directed to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, Washington 98504-0100.

(3) Judicial review. A requestor may obtain judicial review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative review.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-110, filed 7/30/19, effective 8/30/19. Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-075 (Order CWU AO 76), § 106-276-110, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-276-110, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-276-110, filed 7/11/78
Order 11, § 106-276-110, filed 2/27/73.

Wash. Admin. Code § 106-276-120 Court protection of public records.

(1) Notifying interested persons. The university, as required or permitted by law or contract, including any collective bargaining agreement, and in other appropriate circumstances, may notify persons named in a public record, or to whom the record specifically pertains, that release of the record has been requested and that such persons may apply to the superior court for a protective order under RCW 42.56.540.

(2) Applying for court protection. The university in appropriate circumstances may apply to the superior court for a protective order enjoining the examination of any specific public record in accordance with the procedures under RCW 42.56.540. Nothing in this chapter shall be construed as either requiring or prohibiting the university's application to the court for such an order.

History

Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 19-16-061, § 106-276-120, filed 7/30/19, effective 8/30/19.

Chapter 106-325 State Environmental Policy Act—Rule.

Wash. Admin. Code § 106-325-010 Implementation of State Environmental Policy Act.

(1) All actions taken by Central Washington University shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act) and chapter 197-11 WAC, as presently enacted or hereafter amended.

(2) The president of Central Washington University shall be responsible for administering and implementing this rule. The president shall designate the personnel who will be responsible for carrying out the duties and functions of the university as set forth or incorporated herein.

History

Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-325-010, filed 11/7/86.