Title 478 WAC — University of Washington

Chapter 478-04 Organization.

Wash. Admin. Code § 478-04-010 Purpose.

The purpose of this chapter is to establish rules implementing RCW 34.05.220 (1)(b) and 42.56.040 (1)(a) and (b).

History

• Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-04-010, filed 8/22/06, effective 9/22/06. Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-04-010, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-04-020 Organization—Operation—Information.

(1) Organization. The University of Washington is established in Title 28B RCW as a public institution of higher education. The institution is governed by a ten-member board of regents, 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 administrative office of the University of Washington is at the following address:

University of Washington

Office of the President

301 Gerberding Hall

Box 351230

Seattle, WA 98195-1230

(3) Information. Additional and detailed information concerning the educational offerings may be obtained from the University of Washington's website: www.washington.edu.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-04-020, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and 34.05.220. WSR 03-24-046, § 478-04-020, filed 11/26/03, effective 12/27/03. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 97-14-004, § 478-04-020, filed 6/19/97, effective 7/20/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-04-020, filed 7/6/90, effective 8/6/90.

Chapter 478-108 Practice and procedure.

Wash. Admin. Code § 478-108-010 Matters subject to brief adjudication.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

(1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;

(2) Appeals from traffic and parking violations, and skateboard impoundment, as provided for in chapters 478-116, 478-117 and 478-118 WAC;

(3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;

(4) Proceedings under the animal control policy as detailed in chapter 478-128 WAC;

(5) Requests for reconsideration of admission decisions as provided for in WAC 478-160-060;

(6) Appeals of library charges as provided in chapter 478-168 WAC;

(7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;

(8) Federal financial aid appeals as provided for by federal law;

(9) Collection of outstanding debts owed by students or employees; and

(10) Student conduct proceedings when designated as a brief adjudicative proceeding under chapter 478-121 WAC.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-108-010, filed 7/14/17, effective 8/18/17. Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-108-010, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-108-010, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-108-010, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 09-08-016, § 478-108-010, filed 3/23/09, effective 4/23/09. Statutory Authority: Chapter 34.05 RCW. WSR 02-15-174, § 478-108-010, filed 7/24/02, effective 8/24/02
• WSR 02-08-023, § 478-108-010, filed 3/26/02, effective 5/1/02
• WSR 90-15-005, § 478-108-010, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-020 Application for adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing. The application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, and an explanation of the facts involved. Application forms are available at the following address:

University of Washington

Rules Coordination Office

Room 448 Gerberding Hall

Box 351210

Seattle, WA 98195-1210

(or by email at rules@uw.edu). An 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 otherwise provided for by statute or rule.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-108-020, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. WSR 06-13-021, § 478-108-020, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 97-14-004, § 478-108-020, filed 6/19/97, effective 7/20/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-020, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-030 Appointment of presiding officers.

The president of the University of Washington or his or her designee shall have the power to appoint presiding officers for formal and brief adjudicative proceedings. The presiding officer shall be an administrative law judge; a member in good standing of the Washington State Bar Association; committees or members of the faculty, staff, or student body; 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 may 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: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-030, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-040 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: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-040, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-050 Adjudicative proceedings closed.

Adjudicative proceedings shall be closed to the public unless the Open Public Meetings Act, chapter 42.30 RCW, requires otherwise. If the act requires an open proceeding, then a party may apply to the presiding officer for a protective order to close part of the proceeding. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefore in writing within twenty days of receiving the request.

No cameras or recording devices, other than the official recording method, shall be allowed in proceedings or parts of proceedings which have been closed.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-050, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-060 Student conduct code.

All adjudicative proceedings applicable to student conduct at the University of Washington shall be governed exclusively by the provisions of the student conduct code (chapter 478-121 WAC), as they may be amended from time to time, except that any additional procedural protections for adjudicative proceedings in applicable sections of the Washington Administrative Procedure Act shall be available to students through the university processes.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-108-060, filed 7/14/17, effective 8/18/17. Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-060, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-070 Faculty employment relationships.

All adjudicative proceedings affecting a faculty member at the University of Washington shall be governed exclusively by the provisions of relevant university codes, policies, and orders, as they may be amended from time to time, except that any additional procedural protections for adjudicative proceedings in applicable sections of the Washington Administrative Procedure Act shall be available to faculty through the university processes.

History

• Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, chapter 1. WSR 12-03-038, § 478-108-070, filed 1/9/12, effective 2/9/12. Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-070, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-080 Librarian employment relationships.

All adjudicative proceedings affecting librarians at the University of Washington shall be governed exclusively by the provisions of relevant university rules and library policies, as they may be amended from time to time, except that any additional procedural protections for adjudicative proceedings in applicable sections of the Washington Administrative Procedure Act shall be available to librarians through the university processes.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-080, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-110 Adoption of model rules of procedure.

In formal proceedings pursuant to RCW 34.05.413 through 34.05.476, the University of Washington adopts the model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title and this chapter are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and these procedural rules, the procedural rules adopted by this institution shall govern.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-110, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-120 Discovery.

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: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-120, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-130 Transmittal of recommended decisions.

The presiding officer shall transmit a full and complete record of the proceedings and a recommended decision to the institutional official who is to enter a final or initial order after considering the record and evidence so transmitted. The record of proceedings shall include such comments upon the demeanor of witnesses as the presiding officer deems relevant.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-130, filed 7/6/90, effective 8/6/90.

Wash. Admin. Code § 478-108-140 Petition for stay pending appeal.

Upon the request of a party intending to appeal, the official, officer, or body of officers who entered a final decision in an adjudicative proceeding may issue a stay of effectiveness pending the outcome of the appeal.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-15-005, § 478-108-140, filed 7/6/90, effective 8/6/90.

Chapter 478-116 Parking and traffic rules of the University of Washington, Seattle.

Wash. Admin. Code § 478-116-010 Preamble.

Pursuant to the authority granted by RCW 28B.10.560 and 28B.20.130, the board of regents of the University of Washington establishes the following rules to govern motorized and nonmotorized vehicle traffic and parking upon lands and facilities of the University of Washington in Seattle, Washington.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-010, filed 6/14/11, effective 8/8/11
• WSR 01-20-030, § 478-116-010, filed 9/26/01, effective 10/27/01
• WSR 97-14-005, § 478-116-010, filed 6/19/97, effective 9/15/97. Statutory Authority: RCW 28B.10.300 and 28B.10.560. WSR 84-10-030 (Order 84-3), § 478-116-010, filed 4/30/84. Statutory Authority: RCW 28B.10.560. WSR 78-07-019 (Order 78-3), § 478-116-010, filed 6/15/78
• Order 75-2, § 478-116-010, filed 6/4/75.

Wash. Admin. Code § 478-116-020 Objectives of parking and traffic rules.

The objectives of these rules are:

(1) To regulate, protect, and control pedestrian and vehicular traffic on the campus of the university;

(2) To ensure access at all times for emergency vehicles and equipment;

(3) To minimize traffic disturbances;

(4) To facilitate the operations of the university by ensuring access to its vehicles;

(5) To maximize the use of the limited campus parking resource;

(6) To protect state property; and

(7) To encourage and support travel to the campus by means other than single occupancy vehicle (SOV).

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-020, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-020, filed 6/14/11, effective 8/8/11
• WSR 97-14-005, § 478-116-020, filed 6/19/97, effective 9/15/97
• WSR 91-11-029 and 91-12-047, § 478-116-020, filed 5/8/91 and 6/5/91, effective 6/8/91 and 10/1/91. Statutory Authority: RCW 283.10.300 [28B.10.300]. WSR 89-15-023 (Order 89-1), § 478-116-020, filed 5/8/91 and 7/13/89, effective 8/13/89. Statutory Authority: RCW 28B.10.560. WSR 78-07-019 (Order 78-3), § 478-116-020, filed 6/15/78
• Order 75-2, § 478-116-020, filed 6/4/75.

Wash. Admin. Code § 478-116-022 Knowledge of parking and traffic rules.

It is the responsibility of all individuals parking or operating a vehicle on the campus to read, understand, and comply with these rules. Lack of knowledge of these rules shall not be grounds for the dismissal of any citation for a violation of the parking or traffic rules.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-022, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-022, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-024 Definitions.

(1) Authorized agent. An entity or individual authorized by the director of transportation services to facilitate services provided by the department.

(2) Automatic license plate recognition. (Also referred to as ALPR.) A system which automatically captures an image of a vehicle's license plate to assist in streamlined enforcement of parking by authorized agents.

(3) Automatic vehicle identification. (Also referred to as AVI.) A system to support vehicle access control and vehicle identification.

(4) Bicycle. A device with two or three wheels, a saddle, fully operative pedals propelled solely by human power.

(5) Campus. The University of Washington, Seattle, and those lands and leased facilities of the university within UWPD jurisdiction and where parking is managed by transportation services.

(6) Disability parking. See "persons with disability."

(7) Disability zone/area. A parking zone designated for exclusive use by persons with a disability and identified with a sign bearing the associated international symbol.

(8) Electric-assisted bicycle (class 1, 2, and 3). A bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than seven hundred fifty watts. The electric-assisted bicycle must meet the requirements of one of the following three classifications:

(a) Class 1: The motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;

(b) Class 2: The motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or

(c) Class 3: The motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour and is equipped with a speedometer.

(9) Electric scooter. A stand-up or seated motor vehicle consisting of a footboard mounted on two wheels and a long steering handle, propelled by an electric motor.

(10) Fee. The charge for the use of services provided and facilities managed by transportation services.

(11) Fine. The charge associated with a parking citation.

(12) Immobilization. The attachment of a device to a parked car, motorcycle, bicycle, electric-assisted bicycle, motor scooter, or electric scooter so that the vehicle cannot be moved.

(13) Impoundment. The removal of the vehicle, bicycle, electric-assisted bicycle, or electric scooter to a storage facility either by an authorized agent of transportation services or UWPD.

(14) Load zone. A stall or area signed for loading and unloading purposes, adjacent to a facility or loading dock, or in a parking area or lot.

(15) Meter. See "parking meter."

(16) Micromobility device. A compact device designed for personal mobility which is not considered a vehicle per RCW 46.04.670 including, but not limited to, roller skates, scooters, and skateboards. This term does not describe electric personal assistive mobility devices, such as electric wheelchairs or other medical mobility devices.

(17) Mobile payment. Payment service performed from or via a mobile device.

(18) Motorcycle. Motor vehicle designed to travel with not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and which is designed to be steered with a handle bar.

(19) Motorized micromobility device. A device fitting the description of a micromobility device that is powered by a motor.

(20) Motor scooter. A light two-wheeled or three-wheeled open motor vehicle with a step-through frame on which the driver sits over an enclosed engine with legs together and feet resting on a floorboard.

(21) Motor vehicle. An automobile, truck, motorcycle, motor scooter, or electric-assisted bicycle that is assisted by an engine or other mechanism, or a vehicle without motor power designed to be drawn or used in conjunction with the aforementioned vehicles including, but not limited to, trailers, travel trailers, and campers.

(22) Nonmotorized vehicle. A device other than a motor vehicle used to transport persons including, but not limited to, bicycles, skateboards, in-line skates, and roller skates.

(23) No parking zone/area. Any area not specifically marked and/or signed and designed for parking.

(24) Operator or driver. Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.

(25) Overtime parking. The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit issuance system including, but not limited to, a permit, parking meter, mobile device, or permit-issuance machine.

(26) Park/parking. Refers to the placement or standing of a motorized vehicle or a nonmotorized vehicle, with or without a driver in attendance, and with or without the engine running.

(27) Parking citation. The notice of a parking violation.

(28) Parking credential. See parking product.

(29) Parking meter. (Also referred to as a meter.) A single fixed device that registers and collects payment for a specified length of time for a vehicle to occupy a single parking space. A parking meter does not produce a receipt. A parking meter is not a permit-issuance machine.

(30) Parking product. A product issued by transportation services to manage motorized and nonmotorized access to university parking. Parking products include, but are not limited to, permits, virtual permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.

(31) Parking space. A space for parking one motor vehicle designated by lines painted on either side of the space, and/or a wheel stop positioned in the front of the space, and/or a sign or signs, or other markings.

(32) Parking system. A parking management system that includes parking related products and technologies. This includes, but is not limited to, web-based and online technologies to purchase virtual products, enforce parking permits, issue parking citations, and the administration of parking citation payments and appeals.

(33) Permit. A document approved by and/or issued by transportation services that when properly displayed authorizes a person to park.

(34) Permit-issuance machine. A transportation services deployed and managed machine that issues physical or virtual permits for designated spaces. A permit-issuance machine is not a parking meter.

(35) Persons with disability. For the purposes of this chapter, persons with disability refers to a person who meets one or more of the criteria of RCW 46.19.010(1) for the issuance of a state disability permit. A vehicle displaying a validly issued state department of transportation disability placard or a valid disability parking permit initiated through the University of Washington disability office shall be permitted to park in designated disability parking spaces, subject to payment of all applicable parking fees.

(36) Registered owner. The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.

(37) Roller skate/in-line skate. A device used to attach wheels to the foot or feet of a person.

(38) Scooter. A vehicle consisting of a footboard mounted on two wheels and a long steering handle, propelled by resting one foot on the footboard and pushing the other against the ground.

(39) Skateboard. Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.

(40) Traffic. The movement of motorized vehicles, nonmotorized vehicles, and pedestrians in an area or along a street as is defined in chapter 46.04 RCW.

(41) Transportation services. The university department that manages and maintains University of Washington vehicles and shuttles, promotes alternate commute options, manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.

(42) University. The University of Washington, Seattle, and collectively those responsible for its control and operation.

(43) UWPD. University of Washington police department.

(44) Virtual permit. A permit stored within a permit-issuance machine or permitting system that authorizes a person to park in a designated space. Virtual permits are valid for a space through the date or time recorded in the permit system.

(45) Visitor. A person who is neither an employee nor a student of the university. May also pertain to an employee or student who has not purchased a long-term product.

History

• Statutory Authority: RCW 28B.10.560 and [28B.]20.130. WSR 21-11-058, § 478-116-024, filed 5/14/21, effective 6/14/21
• WSR 19-11-046, § 478-116-024, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-024, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-030 Applicable parking and traffic rules.

The following laws and rules apply upon campus:

(1) Vehicle and other traffic laws of the state of Washington, Title 46 RCW.

(2) University parking and traffic rules.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-030, filed 6/14/11, effective 8/8/11
• WSR 97-14-005, § 478-116-030, filed 6/19/97, effective 9/15/97. Statutory Authority: RCW 283.10.300 [28B.10.300]. WSR 89-15-023 (Order 89-1), § 478-116-030, filed 7/13/89, effective 8/13/89
• Order 75-2, § 478-116-030, filed 6/4/75.

Wash. Admin. Code § 478-116-035 Enforcement of parking and traffic rules.

The university has full control of parking and traffic management on campus. Authorized agents of transportation services enforce parking rules and may conduct traffic control on campus. UWPD officers are authorized to enforce traffic and parking rules on campus. The university may impose additional traffic and parking restrictions to achieve the specified objectives of this chapter during special events and during emergencies.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-035, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-061 Liability of the university.

Except for vehicles that the university owns and operates, the university assumes no liability under any circumstance for vehicles on the campus. No bailment, but only a license, is created by the purchase and/or issuance of a permit.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-061, filed 6/14/11, effective 8/8/11
• WSR 04-13-086, § 478-116-061, filed 6/17/04, effective 8/16/04
• WSR 97-14-005, § 478-116-061, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-071 Severability, savings clause.

If any provision of this chapter 478-116 WAC, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 97-14-005, § 478-116-071, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-111 Permit required for all motorized vehicles parked on campus.

Except as provided in WAC 478-116-112 and 478-116-155, no person shall park or leave any motorized vehicle, whether attended or unattended, upon the campus unless the person first purchases a valid permit from transportation services or a transportation services permit-issuance machine. Permission to park on campus shall be shown by display of a valid permit in accordance with WAC 478-116-122.

(1) A valid permit is:

(a) A current, physical vehicle permit issued by an authorized agent or permit-issuance machine or system designated by transportation services and displayed in accordance with WAC 478-116-122;

(b) A temporary physical permit issued by an authorized agent or permit-issuance machine designated by transportation services. Temporary permits are valid through the date or time of the permit; or

(c) A virtual permit that is stored within a permit-issuance machine or system for designated spaces. Virtual permits are valid for a specific space through the date or time stored in the machine or system and if applicable, listed on the customer receipt.

(2) Parking permits are not transferable, except as provided in WAC 478-116-114.

(3) Transportation services reserves the right to refuse to issue parking permits.

(4) The university may allow persons without permits to drive through the campus without parking.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-111, filed 5/10/19, effective 6/10/19. Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, Chapter 1. WSR 12-03-038, § 478-116-111, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-111, filed 6/14/11, effective 8/8/11
• WSR 04-13-086, § 478-116-111, filed 6/17/04, effective 8/16/04
• WSR 01-20-030, § 478-116-111, filed 9/26/01, effective 10/27/01
• WSR 97-14-005, § 478-116-111, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-112 Visitor parking for motorized vehicles.

(1) No permit or payment shall be required for public safety and emergency vehicles while performing emergency services.

(2) Permits and payment of fees are required for all visitors parking on campus, unless exempted by transportation services policy or state and local law.

(3) University departments may pay for all or part of the permit fee for their official visitors and guests.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-112, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-112, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-114 Transfer of permits limited.

(1) Permits may be transferred between motor vehicles registered with transportation services for that individual permit but may not be transferred to a third party to be used in an unregistered vehicle. The transfer of a permit by any unauthorized means including, but not limited to, resale or lending, is prohibited.

(2) Permits are not transferable between parking areas, unless authorized by transportation services.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-114, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-114, filed 6/14/11, effective 8/8/11
• WSR 04-13-086, § 478-116-114, filed 6/17/04, effective 8/16/04
• WSR 01-20-030, § 478-116-114, filed 9/26/01, effective 10/27/01
• WSR 97-14-005, § 478-116-114, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-118 Responsibility of person to whom the permit is issued.

(1) The person(s) to whom a permit is issued is responsible for paying for the permit until the permit expires or is returned to transportation services unless stated otherwise in these rules. All associated outstanding fees must be satisfactorily settled before a parking permit may be issued, reissued, or renewed.

(2) Permit holders shall provide transportation services with the license plate numbers of any vehicles they intend to use with a permit.

(3) The person(s) to whom a permit is issued is responsible for any violations of this chapter associated with a vehicle to which the permit is affixed and/or registered pursuant to WAC 478-116-341 up to the date and time the permit expires or is reported lost or stolen.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-118, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-118, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-122 Display of permits.

(1) Parking permits that are required to be displayed shall be prominently displayed so that they are fully visible from the exterior of the vehicle.

(2) Instructions on how to properly display permits will be provided by transportation services and permit-issuance machines and permit systems at the time of sale and/or on the transportation services' website.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-122, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-122, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-124 Parking fees.

Fees for parking and the effective date thereof shall be submitted to the board of regents for approval by motion. Prior to approval by the board of regents, the university shall, after notice, hold a hearing on the proposed schedule. The hearing shall be open to the public, and shall be presided over by a presiding officer who shall prepare a memorandum for consideration by the university, summarizing the contents of the presentations made at the hearing. Approved fee schedules shall be available on the University of Washington website.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-124, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-124, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-126 Parking fines.

Fines for parking citations and the effective date thereof shall be submitted to the board of regents for approval by motion. Prior to approval by the board of regents, the university shall, after notice, hold a hearing on the proposed schedule. The hearing shall be open to the public, and shall be presided over by a presiding officer who shall prepare a memorandum for consideration by the university, summarizing the contents of the presentations made at the hearing. Approved fine schedules shall be on the University of Washington website.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-126, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-116-127 Parking fines—Transitory provision.

Until such time as new fine schedules are approved pursuant to WAC 478-116-126 the fine schedule set forth in previous WAC 478-116-325 and 478-116-331 as posted on the University of Washington transportation services website shall remain in effect.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-127, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-116-131 Events parking and lot closures.

(1) During events, the university may impose additional traffic and parking restrictions per WAC 478-116-035.

(2) The university reserves the right to close any campus parking area it deems necessary for maintenance, safety, events, construction, or to meet special needs. Transportation services will, to the extent practical, provide notice to users and suitable alternatives for affected permit holders.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-131, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-131, filed 6/14/11, effective 8/8/11
• WSR 04-13-086, § 478-116-131, filed 6/17/04, effective 8/16/04
• WSR 02-20-044, § 478-116-131, filed 9/25/02, effective 10/26/02
• WSR 97-14-005, § 478-116-131, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-135 Parking within designated spaces.

(1) No motor vehicle shall be parked on the campus except in areas designated by transportation services as parking areas, unless authorized by transportation services, or in emergency situations, by UWPD.

(2) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, or obstruct pedestrian movement along any plaza, path, or sidewalk.

(3) No motor vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area unless authorized by transportation services. The fact that other motor vehicles may have been so parked as to require the vehicle to occupy a portion of more than one space or stall shall not excuse a violation of this section.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-135, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-135, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-155 Parking regulated by a parking meter or permit-issuance machine.

(1) Notwithstanding display of a valid permit to park in other parking areas/lots on campus, any motor vehicle which occupies a metered space is subject to payment of the parking meter fee and subject to the posted time limits.

(2) Notwithstanding the display of a valid permit to park in other parking area/lots on campus, any motor vehicle which occupies a space requiring a space-specific permit issued by a permit-issuance machine or system is subject to payment of the applicable permit fee and the specified time limits.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-155, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-155, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-175 Overtime parking violations.

After a motor vehicle has been cited for parking beyond the time posted, the vehicle may be cited a frequency of one additional citation for each period of time equal to the maximum time limit posted for the space.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-175, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-185 Operator's responsibility.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first:

(1) Stopping the engine and locking the ignition; and

(2) Effectively setting the brake and transmission to prevent movement of the vehicle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-185, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-191 Regulatory signs, markings, barricades, etc.

(1) The university may install/erect permanent or temporary signs, barricades, paint marks, and other structures or directions upon the streets, curbs, and parking areas within the campus. Drivers of motorized and nonmotorized vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of motorized and nonmotorized vehicles shall comply with directions given to them by authorized agents of transportation services and UWPD in the control and regulation of traffic, in the assignment of parking spaces, and in the collection of parking fees.

(2) No one without authorization from transportation services or UWPD shall move, deface, install/erect, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-191, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-191, filed 6/14/11, effective 8/8/11
• WSR 04-13-086, § 478-116-191, filed 6/17/04, effective 8/16/04
• WSR 97-14-005, § 478-116-191, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-193 Prohibited parking area(s).

(1) No motor vehicle shall be parked at any place where official signs, curbs, and/or ground markings prohibit parking such as, but not limited to, "tow zone," "fire zone," "prohibited," or "no parking."

(2) No motor vehicle shall be parked within fifteen feet of a fire hydrant.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-193, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-193, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-195 Prohibited parking—Space designated for disability.

No motorized vehicle or nonmotorized vehicle shall be parked in a disability space or lot without an appropriate permit.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-195, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-195, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-197 Motorcycle and motor scooter parking.

Motorcycles and motor scooters are considered motor vehicles and subject to all parking rules. These vehicles shall not be permitted to park on pathways, sidewalks, authorized bicycle racks, or storage facilities, pedestrian areas, or in buildings.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-197, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-197, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-199 Bicycle, electric-assisted bicycle and motorized micromobility device parking.

(1) Bicycles, electric-assisted bicycles, and motorized micromobility devices shall be parked only in designated parking facilities and locations. At no time shall a bicycle, electric-assisted bicycle, or motorized micromobility device be parked:

(a) In a building or residence hall, except where designated parking facilities are provided;

(b) Blocking or hindering access to any stairway, ramp, or doorway;

(c) On a path or sidewalk unless attached to a university designated parking rack;

(d) In planted areas; or

(e) Chained or otherwise secured to trees, lamp standards, railings, garbage receptacles, fencing, or sign posts.

(2) Designated parking facilities in campus areas are intended for short-term parking not to exceed five business days, except for those racks adjacent to residence halls, which may be used for storage when the owner/operator is a current resident of that hall.

(3) Locks and other accessories may not be left attached to university parking facilities. Locks that are left are assumed to be abandoned and may be removed without warning.

History

• Statutory Authority: RCW 28B.10.560 and [28B.]20.130. WSR 21-11-058, § 478-116-199, filed 5/14/21, effective 6/14/21
• WSR 19-11-046, § 478-116-199, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-199, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-202 Micromobility device storage and parking (nonmotorized).

(1) Storage of micromobility devices within residence halls is determined by housing and food services.

(2) Micromobility devices that are nonmotorized and cannot be secured to a rack or within a designated parking facility may be taken into buildings so long as they are not:

(a) Blocking or hindering access to any stairway, ramp, or doorway;

(b) Obstructing access or mobility within a building; and

(c) Are stored within close proximity of the owner/operator and can be moved at the request of authorized agents.

(3) Long-term storage and parking of micromobility devices exceeding five business days is not permitted within university facilities.

History

• Statutory Authority: RCW 28B.10.560 and [28B.]20.130. WSR 21-11-058, § 478-116-202, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 478-116-221 Use of motorcycles, motor scooters, electric-assisted bicycles.

(1) Motorcycles, motor scooters, and class 3 electric-assisted bicycles powered or assisted by combustible engines or engaged electric motors are considered motor vehicles and subject to all traffic rules. These vehicles shall not be operated on paths, sidewalks, authorized bicycle or pedestrian areas, or in buildings.

(2) Class 1 and 2 electric-assisted bicycles are subject to all of the restrictions set forth in WAC 478-116-232 relating to the use of bicycles and micromobility devices.

History

• Statutory Authority: RCW 28B.10.560 and [28B.]20.130. WSR 21-11-058, § 478-116-221, filed 5/14/21, effective 6/14/21
• WSR 19-11-046, § 478-116-221, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-221, filed 6/14/11, effective 8/8/11
• WSR 97-14-005, § 478-116-221, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-232 Use of bicycles and micromobility devices (nonmotorized and motorized).

(1) Bicycles and motorized and nonmotorized micromobility devices may be ridden any where vehicles are permitted. It shall be a violation of this section for any device operator to fail to yield to pedestrians, or to ride on paths, sidewalks, or streets where it is indicated as prohibited (i.e., signs, in-app technology, on-site measures). Pedestrians always have the right of way. An audible signal or warning must be given by the operator whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the device.

(2) All devices shall be operated in a controlled and safe manner at all times. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic, or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.

(3) Any use of devices that poses a risk to other individuals or university property is strictly prohibited. Moving or riding a device into any unauthorized area such as a building, restricted access zone, or parking garage is prohibited.

(4) Bicycles and micromobility devices operated on campus shall be subject to all relevant state and local statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.

History

• Statutory Authority: RCW 28B.10.560 and [28B.]20.130. WSR 21-11-058, § 478-116-232, filed 5/14/21, effective 6/14/21
• WSR 11-13-058, § 478-116-232, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-242 Use of skateboards.

Skateboard use in pedestrian areas including, but not limited to, walkways, ramps, concourses, and plazas (such as "Red Square"), and on internal university streets and loading areas on the campus, is restricted solely to transporting an individual from one campus destination to another. Any recreational, athletic, or other exhibitioner use of skateboards unrelated to transportation is strictly prohibited, unless expressly approved in advance by the appropriate committee on the use of university facilities, pursuant to chapter 478-136 WAC. The use of skateboards for any purpose within parking lots or parking garages is strictly prohibited.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-242, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-242, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-301 Issuance of parking and traffic citations.

(1) Upon probable cause to believe that a violation of this chapter related to motorized vehicle parking has occurred, an authorized agent of transportation services may issue a parking citation setting forth the date, approximate time, locality, nature of the violation, identifiable characteristics of the vehicle if applicable, and the amount of the fine(s).

(2) Upon probable cause to believe that a violation related to parking, traffic, or nonmotorized vehicles has occurred, UWPD may issue a citation setting forth the date, approximate time, locality, nature of violation, identifiable characteristics of the vehicle if applicable, and amount of the fine(s).

(3) The following information shall accompany and/or be printed on the citation:

(a) The violation fine and instructions for payment; and

(b) Instruction for contesting the citation, including where to obtain and submit petitions.

(4) The citation shall be served on the person responsible for the violation by:

(a) Attaching a copy of the citation to the vehicle allegedly involved in the violation; and

(b) Mailing a copy of the citation to the registered owner; or

(c) Serving a copy of the citation personally to the person responsible.

(5) Failure to pay fines or contest the citation within the time specified in these rules can result in a late payment fee as set forth in WAC 478-116-335.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-301, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-301, filed 6/14/11, effective 8/8/11
• WSR 04-13-086, § 478-116-301, filed 6/17/04, effective 8/16/04
• WSR 01-20-030, § 478-116-301, filed 9/26/01, effective 10/27/01
• WSR 97-14-005, § 478-116-301, filed 6/19/97, effective 9/15/97.

Wash. Admin. Code § 478-116-305 Immobilization or impoundment of motor vehicles.

Any motor vehicle may be subject to immobilization or impoundment for cause as specified under WAC 478-116-351. The university and its officers, employees, and agents shall not be liable for loss or damage of any kind resulting from such immobilization or impoundment. The permit holder and/or registered owner of a vehicle that has been immobilized shall be fully liable for any loss or damage to immobilization equipment.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-305, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-315 Parking product revocations.

Parking products issued by the university are the property of the university, and may be recalled or revoked by the university for any of the following reasons:

(1) When the purposes for which the parking product was issued changes or no longer exists;

(2) When an unauthorized individual uses the parking product;

(3) Falsification on a parking product application;

(4) Nonpayment of fees and/or fines;

(5) Counterfeiting or altering of parking products; or

(6) Failure to comply with a final adjudicated decision of transportation services.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-315, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-315, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-321 Use of recalled, revoked, lost, stolen, or forged/altered permits prohibited.

(1) Vehicles displaying parking products that have been recalled, revoked, forged, altered, or reported lost or stolen will be subject to a citation and may be immobilized or impounded on sight. Parking products that have been revoked, recalled, or reported lost or stolen must be returned to transportation services or an authorized agent of transportation services before the vehicle will be released.

(2) Purchasing a parking product from a party other than transportation services or a lawful designee shall not constitute an excuse or defense for violating this section.

(3) Parties using parking products that have been recalled, revoked, forged, altered, or reported lost or stolen shall be subject to a serious violation per WAC 478-116-325, and in addition, will be responsible for paying the cost of an equivalent permit fee from the date the permit was revoked, recalled, or reported lost or stolen to the date the permit expired or was returned to transportation services.

(4) Any unpaid fines for a violation of the rules in chapter 478-116 WAC will be deducted from any refunds resulting from the revocation of parking products.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-321, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-321, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-325 Motor vehicle violation types by category.

The following offense categories and applicable violations of the rules listed below is hereby established.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-325, filed 5/10/19, effective 6/10/19. Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, Chapter 1. WSR 12-03-038, § 478-116-325, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-325, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-331 Nonmotorized vehicle violation types by category.

The following offense categories and applicable violations of the rules listed below is hereby established.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-331, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-331, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-335 Payment of citation fines.

WAC 478-116-335

(1) All fines must be paid as designated on the citation within 20 calendar days from the date of the citation.

(2) Fines for parking citations must be delivered in person to the transportation services' office, paid online, or mailed and postmarked on or before the due date specified in these rules to avoid additional penalties.

(3) Fines for traffic citations associated with violations of this chapter must be delivered in person to the UWPD office, or mailed and postmarked on or before the due date specified in these rules to avoid additional penalties.

(4) If any citation has neither been paid nor appealed after 20 calendar days from the date of the citation, the university shall impose an additional fine as specified in WAC 478-116-325 or 478-116-331 and may:

(a) Withhold the violator's degrees, grades, refunds, or credits until all fines are paid;

(b) Impound or immobilize the violator's vehicle after providing notice of nonpayment to the permit holder and/or registered owner;

(c) Deny future transportation product privileges to the violator; or

(d) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and university procedure.

(5) An accumulation of traffic and parking violations by a student may be cause for discipline under the student conduct code of the university (see chapter 478-121 WAC).

(6) In addition to any other penalty which may be imposed as a result of actions described in this chapter, campus parking privileges shall be suspended until all such debts are paid.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-14-094, s 478-116-335, filed 6/30/26, effective 7/31/26. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-335, filed 5/10/19, effective 6/10/19. Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-116-335, filed 7/14/17, effective 8/18/17. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-335, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-341 Motorized vehicles—Responsible parties for illegal parking.

(1) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is registered to a permit holder, there shall be a prima facie presumption that the permit holder was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(2) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is not registered to a permit holder, there shall be a prima facie presumption that the registered owner of the motor vehicle was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(3) This section shall not apply to university operated motor vehicles. The operator of a university motor vehicle is personally liable for any citation issued to the motor vehicle.

(4) A third party other than the permit holder or registered owner can assume responsibility for a citation by either paying the citation within twenty calendars days of the date of the citation or submitting a petition where the third party agrees to take responsibility.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-341, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-351 Motorized vehicles—Immobilization and impoundment.

(1) In addition to issuing citations for violations of these rules, authorized agents of transportation services and UWPD may immobilize or impound any motorized vehicle parked on campus in violation of these rules. The expenses of immobilization, impoundment, and storage shall be charged to the owner or operator of the motor vehicle, or both, and must be paid before the motor vehicle's release. Grounds for immobilizing or impounding motor vehicles shall include, but not be limited to, the following:

(a) Blocking a roadway so as to impede the flow of traffic;

(b) Blocking a walkway, trail, sidewalk, or crosswalk so as to impede the flow of pedestrian traffic or impede the ability of any person to fully access such walkway, trail, sidewalk, or crosswalk;

(c) Blocking a fire hydrant or fire lane;

(d) Creating a public safety hazard;

(e) Blocking another legally parked vehicle;

(f) Parking in a marked "tow-away" zone;

(g) Failing to pay a fine imposed under this chapter following notice of nonpayment to the registered permit holder and/or registered owner of the motor vehicle;

(h) Use of recalled, revoked, lost, stolen, or forged/altered permits prohibited as per WAC 478-116-321;

(i) UWPD has probable cause to believe the motor vehicle is stolen;

(j) UWPD has probable cause to believe the motor vehicle contains or constitutes evidence of a crime and impoundment is necessary to obtain or preserve such evidence; or

(k) When a driver is arrested and/or deprived of the right to leave with the driver's motor vehicle and UWPD is responsible for safekeeping of the vehicle.

(2) Not more than one business day after immobilization or impoundment of any motor vehicle, the university shall mail a notice of immobilization or impoundment to the permit holder and/or registered owner of the motor vehicle and to any other person who claims the right to possession of the motor vehicle, if those persons can be identified. Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, and redemption procedures.

(3) A sticker will be attached to a motor vehicle that is immobilized which shall include, but is not limited to, the following information:

(a) Date and time of immobilization;

(b) Reason for immobilization;

(c) Instruction for motor vehicle release; and

(d) Notification that the motor vehicle will be towed within seventy-two hours of the date/time indicated on the sticker if the motor vehicle remains immobilized.

Motor vehicles that remain immobilized seventy-two hours after the immobilization device was placed on the motor vehicle will be impounded. Impoundment of these motor vehicles will follow the procedures outlined in WAC 478-116-361.

(4) Impounding or immobilizing a motor vehicle does not remove the obligation for any fines associated with the violation or other outstanding citations. All fines, fees, and the cost of the immobilization and impoundment (e.g., booting, towing, storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle.

(5) Impounded motor vehicles shall only be redeemed by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for the motor vehicle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-351, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-351, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-361 Motorized vehicles—Impoundment of abandoned motor vehicles.

Authorized agents of transportation services discovering an apparently abandoned motor vehicle shall attach to the motor vehicle a readily visible notification sticker warning of impoundment if the motor vehicle is not removed within seventy-two hours from the time the sticker is attached. The sticker shall contain the following information:

(1) The date and time sticker was attached;

(2) A statement that if the motor vehicle is not removed within seventy-two hours from the time the sticker is attached, the motor vehicle will be impounded; and

(3) The address and telephone number where additional information may be obtained.

If the motor vehicle is not removed within seventy-two hours, the motor vehicle shall be impounded as described in WAC 478-116-351.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-361, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-361, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-365 Nonmotorized vehicles—Impoundment of bicycles, electric-assisted bicycles, and electric scooters.

(1) Bicycles, electric-assisted bicycles, and electric scooters parked in violation of WAC 478-116-199 will be subject to seizure and impoundment by the university.

(2) Except as provided by WAC 478-116-199(2), a bicycle abandoned or parked on campus, other than at residential halls, for fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. Bicycles remaining at resident halls once the school year ends will be presumed abandoned and are subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies UWPD. A bicycle that has been obviously stripped or vandalized may be immediately impounded.

(3) Owners of impounded bicycles, electric-assisted bicycles, and electric scooters, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. All fines, fees, and the impoundment fee must be paid prior to the release of the bicycle. Bicycles, electric-assisted bicycles, and electric scooters unclaimed after sixty consecutive days will be subject to sale through the university surplus property department.

(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.

(5) Impoundment or sale of any bicycle, electric-assisted bicycles, and electric scooters under this section shall neither substitute for, nor release, any person from liability for damage to persons or property caused by the use of a bicycle, nor does it remove the obligation for any fines associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a bicycle though the university surplus department will be credited toward the outstanding fee associated with the impoundment of that bicycle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-365, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-365, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-371 Nonmotorized vehicles—Skateboard violations.

(1) Skateboard use in violation of WAC 478-116-242 shall result in the following:

(a) For the first offense, UWPD will record the name of the individual and provide a written warning against further skateboard use in violation of WAC 478-116-242. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded at the UWPD station until they are able to return with the receipt and identification. There will be no impoundment fee.

(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine of ten dollars plus applicable impoundment fee.

(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty calendar days and the offender shall be subject to a fine of thirty dollars plus the applicable impoundment fee.

(d) Impounded skateboards will be held by UWPD and released only during regular business hours to individuals with satisfactory identification. Payment of a ten-dollar storage fee will also be required for release, except as provided in (a) of this subsection.

(2) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to sale at a public auction conducted by the university surplus property department.

(3) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.

(4) Impoundment or sale of any skateboard under this section shall neither substitute for, nor release any person from liability for damage to persons or property caused by use of a skateboard at the university, nor does it remove the obligation for any fines associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a skateboard though the university surplus department will be credited toward the outstanding fee associated with the impoundment of that skateboard.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-371, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-371, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-405 Election to pay fine or contest citations.

(1) Election to pay fine. A person who receives a citation shall, within twenty calendar days from the date of the citation, either pay the applicable fine or contest the issuance of the citation in the manner prescribed in subsection (2) of this section. Once the applicable fine is paid, the citation can no longer be appealed. Failure to either pay the fine or timely appeal the citation shall automatically result in the citation being final, and an additional late payment fee per offense shall be imposed for each citation which is not responded to within the time limits set forth in this section.

(2) Election to contest a citation. A person wishing to contest a citation (hereinafter "petitioner") may do so by completing and submitting a citation petition (hereinafter "petition") within twenty calendar days of the date of the citation. Petitions for motorized and nonmotorized parking citations must be submitted through the citation appeal process as described on the citation notification(s) within the allotted time limit. Petitions for traffic and all other nonmotorized citations must be delivered to UWPD within the allotted time limit.

Petitioners may submit their petition through the citation appeals portal available on the transportation services and UWPD websites. The petitioner must complete each section of the petition form and provide a brief statement regarding circumstances associated with the citation. A citation hearing officer shall review the petition and provide written notification of his or her initial decision with information about the opportunity for further review. The amount of any reduction to the fine assessed in the initial decision is at the discretion of the citation hearing officer. Any fines owed on an initial decision not contested as provided in subsection (3) of this section shall be paid within twenty-one calendar days after service of the initial decision. If payment is not received within twenty-one calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.

(3) Review of initial decision. If a petitioner chooses to contest the initial decision issued by the citation hearing officer, the petitioner shall forfeit any reduction in the assessed fines offered in the initial decision. The petitioner must contact the department processing the petition (transportation services or UWPD) orally or in writing within twenty-one calendar days after service of the decision. The request for review shall contain an explanation of the petitioner's position and a statement of reasons why the initial decision on the petition was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request to review the initial decision, render a final written decision which shall include a brief statement of the reasons for the decision, offer of settlement if applicable, and provide information about the opportunity to appeal the decision to district court. The amount of fine or settlement assessed in the final decision is at the discretion of the citation hearing officer. Any final decision of the reviewing officer not appealed as provided in subsection (4) or (5) of this section shall be paid within ten calendar days after service of the decision. If payment is not received within ten calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.

(4) Discretionary review of initial decision. If the petitioner has not requested a review of the initial decision, the citation hearing officer may, within twenty calendar days after service of the initial decision, conduct a review and issue a final decision on its own motion and without notice to the parties, but it may not take any action on review less favorable to the petitioner than the initial decision without giving the petitioner notice and opportunity to explain his or her view of the matter.

(5) Appeal to district court. The application for appeal to district court shall be in writing and must be filed with the department processing the petition (transportation services or UWPD) within ten calendar days of service of the final decision. The written notice must be submitted on the "Notice of Appeal" form provided by transportation services or UWPD. The Notice of Appeal form will be available at transportation services or UWPD during regular hours of operation. The department processing the citation will forward the documents relating to the appeal to district court. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section, in addition to this subsection. If a petitioner chooses to contest the decision issued by the citation hearing officer via appeal to the district court, the petitioner shall forfeit any reduction in the assessed fines offered in the hearing officer's decision.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-046, § 478-116-405, filed 5/10/19, effective 6/10/19
• WSR 11-13-058, § 478-116-405, filed 6/14/11, effective 8/8/11.

Wash. Admin. Code § 478-116-425 Presiding and reviewing citation hearing officer.

The presiding and reviewing citation hearing officers shall be appointed in accordance with WAC 478-108-030 and shall have authority to hear and decide matters involving violation of these rules including, but not limited to, the ability to issue warnings, dismiss citations, and reduce, suspend, or impose the fines set forth in this chapter.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 11-13-058, § 478-116-425, filed 6/14/11, effective 8/8/11.

Chapter 478-117 Parking and traffic rules of the University of Washington, Bothell.

Wash. Admin. Code § 478-117-005 Authority.

RCW 28B.50.140(10) authorizes the board of trustees of Cascadia College to adopt rules for pedestrian and vehicular traffic on the college campus. RCW 28B.10.560 similarly authorizes the board of regents of the University of Washington to adopt rules governing pedestrian and vehicular traffic and parking upon lands and facilities of the university. The rules set forth in this chapter have been jointly developed and agreed upon by the two institutions of higher education, and adopted and codified in separate chapters of the Washington Administrative Code by each of the two institutions.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-117-005, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-005, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-010 Objectives of parking and traffic rules.

The objectives of these rules are:

(1) To protect and control pedestrian and vehicular traffic on the campus of University of Washington, Bothell and Cascadia College.

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

(3) To minimize traffic disturbances.

(4) To facilitate the operation of the institutions by ensuring access to vehicles.

(5) To allocate limited parking space for the most efficient use.

(6) To protect state property.

(7) To encourage and support travel to the campus by means other than single occupancy vehicle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-010, filed 5/10/19, effective 6/10/19. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-117-010, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-010, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-012 Knowledge of parking and traffic rules.

It is the responsibility of all individuals parking or operating a vehicle on the campus to comply with these rules. Lack of knowledge of these rules shall not be grounds for the dismissal of any citation for a violation of the parking or traffic rules.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-012, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-020 Definitions.

The following definitions apply to this chapter:

(1) Authorized valid payment: Any payment accepted by commuter services, including online, mobile application, and pay stations.

(2) Bicycle: Any device defined as a bicycle in RCW 46.04.071.

(3) Campus: The collocated campus of University of Washington, Bothell and Cascadia College to include those lands and leased facilities where parking is managed or controlled by commuter services.

(4) Campus safety officers: Employees of the college or the university who are responsible for campus security, safety, parking, and traffic control.

(5) Carpool: A group of two or more employees or students who commute to campus in the same vehicle and complete the campus commuter services carpool registration process.

(6) Citation: Formal written notice of a parking violation.

(7) College: Cascadia College and collectively those responsible for its control and operations.

(8) Commuter services: The campus department that manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.

(9) Day: Unless otherwise specified, the term "day" refers to a calendar day.

(10) Disability parking: See persons with a disability.

(11) Disability zone/area: A parking zone designated for exclusive use by persons with a disability and identified with a sign bearing the associated international symbol.

(12) Electric assisted bicycle: As defined under RCW 46.04.169.

(13) Employee: Any individual hired as or appointed to the faculty, staff, or administration of the college or the university.

(14) Fee: A charge for the use of services provided and facilities managed by commuter services.

(15) Fine: Monetary penalty for a parking violation.

(16) Immobilization: The attachment of a device to a parked motor vehicle so that the vehicle cannot be moved.

(17) Impoundment: The removal of the vehicle to a storage facility by an authorized agent of campus safety, commuter services, or an authorized agent of commuter services.

(18) Institutions: The college and the university.

(19) License plate recognition (LPR): Technology that uses optical character recognition to automatically read license plate characters.

(20) Meter: A single fixed device that registers and collects payment for the length of time a vehicle occupies a single parking space. A meter does not produce a receipt, physical permit, or virtual permit. A meter is not a permit-issuance machine.

(21) Moped: As defined under RCW 46.04.304.

(22) Motorcycle: As defined under RCW 46.04.330.

(23) Motor vehicle: As defined under RCW 46.04.320.

(24) Nonmotorized vehicle: A device other than a motor vehicle used to transport persons including, but not limited to, bicycles, skateboards, in-line skates, hover boards, personal conveyance devices, and roller skates.

(25) Operator or driver: Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.

(26) Overtime parking: The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit, meter, or permit-issuance machine.

(27) Parking product: A product issued by commuter services to manage motorized and nonmotorized access to the campus. Parking products include, but are not limited to, visual permits, virtual permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.

(28) Parking space: A space for parking one motor vehicle normally designated by lines painted on either side of the space, a wheel stop positioned in the front of the space, a sign or signs, or other markings.

(29) Pay station: A commuter services deployed and managed machine that issues virtual permits.

(30) Permit: A visual permit or virtual permit.

(31) Persons with a disability: For the purpose of this chapter, persons with a disability shall refer to a person or persons with a disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.

(32) Registered owner: The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.

(33) Roller skate/in-line skate: A device used to attach wheels to the foot or feet of a person.

(34) Skateboard: Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.

(35) Student: A person enrolled in the college or the university.

(36) Traffic: The movement of motorized vehicles, nonmotorized vehicles, and pedestrians in an area or along a street as is defined in RCW 46.04.590.

(37) University: The University of Washington, Bothell, and collectively those responsible for its control and operations.

(38) Vehicle: As defined under RCW 46.04.670.

(39) Virtual permit: An authorization to park, issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.

(40) Visitor: A person who is neither an employee nor a student of the college or the university and who only visits campus on an occasional basis.

(41) Visual permit: A physical permit issued by campus commuter services that when properly filled out and displayed according to instructions, authorizes a vehicle to park on campus.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-020, filed 5/10/19, effective 6/10/19. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-117-020, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-020, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-030 Applicable parking and traffic rules.

The applicable parking and traffic rules upon the campus are:

(1) The motor vehicle and other traffic laws of the state of Washington, Title 46 RCW.

(2) The parking and traffic rules in this chapter and chapter 132Z-116 WAC.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-030, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-030, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-035 Severability, savings clause.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-035, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-040 Enforcement of parking and traffic rules.

The institutions share responsibility for parking and traffic management on campus. Duly appointed campus safety officers, designated commuter services employees, or independent contractors hired by the institutions are authorized to enforce these parking and traffic rules and may conduct traffic control on campus.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-040, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-040, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-042 Liability of institutions.

Except for vehicles that the institutions own or operate, the institutions assume no liability under any circumstances for vehicles on the campus. No bailment, but only a license, is created by the purchase and/or issuance of a permit.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-042, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-043 General parking regulations.

(1) No person may use any vehicle parked on campus as a living unit without specific approval from the campus safety director. Violators may be cited and/or towed.

(2) Vehicles are to be maintained in operating condition at all times while on campus, except those in a garage, research facility, or automotive shop designated for parking such vehicles by the commuter services manager or designee.

(3) A vehicle which appears to be abandoned, with or without a current parking product or license plate(s), may be impounded after an attempt is made to locate and notify the owner of the impending action.

(4) Stopped or parked vehicles must do so in line with the flow of traffic where they are located.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-043, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-050 Permits required for all motorized vehicles parked on campus.

No person shall park or leave any motor vehicle, whether attended or unattended, upon the campus without a permit issued by the institutions. Permission to park on campus will be shown by the display of a valid visual permit or registration of a valid virtual permit. Persons wishing to obtain virtual permits are required to complete a registration process established by commuter services and pay the corresponding fee. A vehicle associated with a virtual permit must have a visible license plate.

(1) A valid permit is:

(a) A current unexpired, visual permit issued by commuter services, or an authorized agent designated by commuter services, and displayed in accordance with the instructions given at the time of issuance.

(b) A current unexpired virtual permit issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.

(i) Vehicles with virtual permits associated with a vehicle's license plate must have the license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.

(ii) Parking permits are not transferable except as provided in WAC 478-117-060 and 478-117-090.

(2) Commuter services reserves the right to refuse to issue parking products.

(3) The institutions may allow persons without permits to drive through the campus without parking.

(a) This section does not apply to vehicles that the institutions own or operate.

(b) Any vehicle, attended or unattended, must have a valid parking permit when parked on the campus unless the vehicle is:

(i) Parked in a metered parking space with meter payment;

(ii) Parked in a loading zone in compliance with posted limits;

(iii) Parked in a lot that does not require a permit during specified times as posted;

(iv) Parked in a posted short term parking space in compliance with posted time limits; or

(v) A public safety or emergency vehicle parked while performing emergency services.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-050, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-050, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-055 Overtime parking violations.

After a motor vehicle has been cited for parking beyond the time posted, the vehicle may be cited at a frequency of one additional citation for each period of time equal to the maximum time limit posted for the space.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-055, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-060 Carpool and disability parking permits.

(1) Carpool permits may be issued to employees and students. One transferable permit will be issued by the institutions 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. A carpool permit may be used with only one vehicle per day. Members of the campus carpool program must register their carpool with commuter services.

(2) The institutions provide parking for the disabled in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit.

(3) Use of disability accommodation parking on campus requires payment for parking in the form of a campus parking permit issued by commuter services, payment at a pay station, or payment at a parking meter for the designated space in which the vehicle is parked.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-060, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-060, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-090 Transfer of parking products limited.

(1) As provided herein, a permit holder may transfer a permit between motor vehicles when used by that permit holder. Improper transfer of a permit shall include, but is not limited to, the resale, lending, or transfer of a parking product or parking permit other than as provided herein. Multiple motor vehicles may be associated with a virtual permit, but only one vehicle associated with a specific virtual permit may be parked on campus per calendar day. If more than one vehicle associated with a virtual permit is parked on campus during the course of a day, all additional vehicles are subject to a parking citation unless each additionally parked vehicle has a separate valid permit.

(2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-090, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-090, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-100 Responsibility of person(s) to whom parking product issued.

(1) The person(s) to whom a parking product is issued is responsible for paying for the product until it expires or is returned to commuter services unless stated otherwise in these rules. All associated outstanding commuter services related fees and fines must be satisfactorily settled before a parking product may be issued, reissued, or renewed.

(2) When requested, a parking permit holder shall provide commuter services with the current valid license plate number of any vehicle(s) with which they intend to use a parking permit.

(3) Subject to WAC 478-117-340, the person(s) to whom a parking product is issued is responsible for any violations of this chapter associated with a vehicle with which the product is used during the time the product is valid and up to the date and time the product expires or is reported lost or stolen.

(4) Commuter services may also require proof of vehicle registration for certain designated parking products.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-100, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-100, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-110 Display of permits.

(1) Visual permits shall be prominently displayed in accordance with the instructions printed on the permit and shall be fully visible from the exterior of the vehicle. Virtual permits are associated with a vehicle's license plate, and accordingly, a vehicle associated with a virtual permit must have its license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.

(2) Instructions relating to the display and assignment of a permit to a vehicle(s) will be provided by commuter services at the time of issuance and are located on the commuter services website.

(3) Motorcycle and scooter permits shall be registered with commuter services.

(4) Commuter services may authorize certain designated virtual permit holders to use a vehicle's license plate as a permit. Certain designated virtual permits may require the completion of a permit registration process. Virtual permit instructions will be provided at the time of permit issuance.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-110, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-110, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-200 Parking fees.

The institutions' governing boards shall adopt parking fees, specifying the charge per day, quarter, and year. Each institution may set its own rates for quarterly and yearly permits, but the rates for daily parking permits must be uniform for both institutions. Commuter services or its designee shall sell quarterly and yearly permits to the institutions' employees and students. Commuter services or its designee may also sell quarterly and yearly permits at its discretion to regular visitors to each institution. A person who parks a vehicle in a metered parking space must pay for time used during posted times of operation.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-200, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-200, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-210 Allocation of parking spaces.

The parking space available on the campus shall be allocated in a manner that will best attain the objectives of these rules.

During special occasions causing additional or heavy traffic and during emergencies, the institutions may impose additional traffic and parking policies to achieve the specified objectives of this chapter.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-210, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-220 Parking within designated spaces.

(1) No motor vehicle shall be parked on the campus except in areas designated as parking areas, unless expressly authorized by commuter services or campus safety.

(2) No vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not excuse a violation of this section.

(3) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, parking lot drive aisle, or roadway, or obstruct pedestrian movement along any plaza, path, or sidewalk unless expressly authorized by commuter services or campus safety.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-220, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-220, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-230 Parking—Operator's responsibility.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first:

(1) Stopping the engine, locking the ignition, and removing the key.

(2) Effectively setting the brake and transmission to prevent movement of the vehicle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-230, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-235 Denial or revocation of parking privileges.

Commuter services reserves the right to deny or revoke parking privileges to anyone who has:

(1) Had a permit revoked;

(2) Falsified a parking application or registration;

(3) Counterfeited or altered a permit;

(4) Failed to pay outstanding citations;

(5) Been found to be in possession of or using a lost, refunded, or stolen permit;

(6) Removed an immobilization device without authorization;

(7) Been banned from campus;

(8) Failed to comply with commuter services directions;

(9) Damaged campus property while driving or parking on campus;

(10) Verbally abused or assaulted staff, including commuter services staff.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-235, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-240 Regulatory signs, markings, barricades, etc.

(1) The institutions may erect permanent or temporary signs, barricades, and other structures, and paint marks and other directions upon the streets and parking areas within the campus. Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of vehicles shall comply with directions given to them by commuter services employees, campus facilities employees, campus safety officers, or authorized commuter services contractors in the control and regulation of traffic. Drivers shall also comply with directions given to them by commuter services employees, campus safety officers, or authorized commuter services contractors in the assignment of parking space and in the collection of parking fees.

(2) No person without authorization from the institutions shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-240, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-240, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-250 Speed.

No vehicle shall be operated on the campus at a speed in excess of posted limits. If no limit is posted, no vehicle shall exceed twenty miles per hour or such lower speed as is reasonable and prudent in the circumstances.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-250, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-260 Pedestrian's right of way.

(1) The operator of a vehicle shall yield right of way to any pedestrian. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible or unsafe for the driver to yield.

(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass that vehicle.

(3) Where a sidewalk is provided, pedestrians shall proceed upon the sidewalk.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-260, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-270 Motorcycles, bicycles, scooters.

(1) Motorcycles, bicycles, and scooters are subject to all traffic rules controlling other motor vehicles.

(2) Motorcycles and motorized scooters must be parked in designated motorcycle parking areas.

(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.

(4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.

(5) No bicycles or foot-propelled devices shall be operated on campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including, but not limited to, skateboards, roller skates, and roller blades.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-270, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-270, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-300 Issuance of parking citations.

Upon probable cause that a violation of these rules has occurred, a campus safety officer, commuter services employee, or contractor designated by commuter services may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the license plate number, infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: Attaching a copy of the citation to, or placing it prominently within, the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-300, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-300, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-310 Fines, immobilization, and impounding.

WAC 478-117-310

(1) The current schedule of fines shall be published by the institutions and made available for review online and in the campus commuter services office.

(2) All fines are due upon receipt of the citation and must be paid as designated on the citation within 20 calendar days from the date of the citation. Fines must be delivered in person to the UW Bothell cashier's office, paid online, or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after 20 calendar days from the date of the citation, the institution shall impose an additional fine of $10 per offense and may:

(a) Withhold the violator's degrees, grades, refunds, or credits until all fines are paid;

(b) Impound or immobilize the violator's vehicle;

(c) Deny future parking privileges to the violator;

(d) Refuse to issue keys to a violator who is an employee or student; or

(e) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and institutional procedure.

(3) In addition to imposing fines, campus safety officers, commuter services employees, or authorized commuter services contractors or agents may immobilize and/or impound any vehicle parked on campus in violation of these rules. Grounds for impounding or immobilizing vehicles shall include, but not be limited to, the following:

(a) Blocking a roadway so as to impede the flow of traffic;

(b) Blocking a walkway so as to impede the flow of pedestrian traffic;

(c) Blocking a fire hydrant or fire lane;

(d) Creating a safety hazard;

(e) Blocking another legally parked vehicle;

(f) Parking in a marked "tow-away" zone;

(g) Leaving a vehicle unattended on campus for longer than two days, unless the vehicle has a valid student housing resident permit;

(h) Failing to pay a fine(s) imposed under this chapter;

(i) Parking a vehicle on campus that has no license plate(s) and no observable vehicle identification number.

(4) Not more than one business day after impoundment or immobilization of any motor vehicle, commuter services shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, redemption procedures, and an opportunity to contest the immobilization or impoundment as provided in WAC 478-117-320. The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage.

All parking fines, fees, the cost of immobilization and/or impoundment (e.g., booting, towing, and storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle. Impounded motor vehicles shall be redeemed only by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for the motor vehicle. Proof of ownership may be required before a vehicle is released from immobilization or impound.

(5) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the student's institution.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-14-094, s 478-117-310, filed 6/30/26, effective 7/31/26. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-310, filed 5/10/19, effective 6/10/19. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-117-310, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-08-023, § 478-117-310, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-320 Appeals of fines, immobilization, and impoundments.

(1) Any immobilization, impoundment, or fine under this chapter may be appealed in writing, or when available, appealed through the online parking portal, within twenty calendar days from the date of the citation, the notice of immobilization, or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation, notice of immobilization, or notice of impoundment. Commuter services will make appeal forms available at the commuter services office. The notice of appeal must explain the reasons for contesting the citation, immobilization, or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal. Online appeal instructions can be accessed through the commuter services website.

(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten calendar days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one calendar days after service of the decision.

(3) A person wishing to contest the written decision may request a review by contacting the institution in writing within twenty-one calendar days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten calendar days after service of the decision.

(4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten calendar days of service of the final decision, file a written notice with the institution. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-320, filed 5/10/19, effective 6/10/19
• WSR 02-08-023, § 478-117-320, filed 3/26/02, effective 5/1/02.

Wash. Admin. Code § 478-117-325 Permit and parking product revocations.

Parking products are the property of the institutions and may be recalled by the issuer for any of the following reasons:

(1) When the purpose for which the parking product was issued changes or no longer exists;

(2) When a parking product is used on an unauthorized vehicle, by an unauthorized individual, or in an unauthorized manner;

(3) Falsification on a parking product application;

(4) Multiple or continued violations of parking rules;

(5) Counterfeiting, altering, or using a lost/stolen parking product;

(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer;

(7) Nonpayment of parking product fees or parking fines.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-325, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-330 Right to appeal revocation.

Parking product revocations under this chapter may be appealed pursuant to the procedures in WAC 478-117-320.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-330, filed 5/10/19, effective 6/10/19.

Wash. Admin. Code § 478-117-340 Motorized vehicles—Responsible parties for illegal parking.

(1) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is registered to a permit holder, there shall be a prima facie presumption that the permit holder was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(2) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is not registered to a permit holder, there shall be a prima facie presumption that the registered owner of the motor vehicle was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(3) This section shall not apply to university or college operated motor vehicles. The operator of a university owned or a college owned motor vehicle is personally liable for any citation issued to the motor vehicle.

(4) A third party other than the permit holder or registered owner can assume responsibility for a citation by either paying the citation within twenty calendar days of the date of the citation or submitting a petition where the third party agrees to take responsibility.

(5) When mitigating circumstances exist, authorized commuter services personnel may reduce or dismiss fines.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-048, § 478-117-340, filed 5/10/19, effective 6/10/19.

Chapter 478-118 Parking and traffic rules of the University of Washington, Tacoma.

Wash. Admin. Code § 478-118-010 Objectives of parking and traffic rules.

The objectives of these rules are:

(1) To protect and control pedestrian and vehicular traffic on the campus of the University of Washington, Tacoma;

(2) To ensure access at all times for emergency vehicles and equipment;

(3) To minimize traffic disturbances;

(4) To facilitate the operation of the university by ensuring access to its vehicles;

(5) To allocate limited parking space for the most efficient use;

(6) To protect state property; and

(7) To encourage travel to the campus by means other than a single occupancy vehicle (SOV).

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-010, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-010, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-010, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-020 Definitions.

The following definitions apply to this chapter:

(1) Bicycle: Any device defined as a bicycle in chapter 46.04 RCW.

(2) Campus: The campus of University of Washington, Tacoma.

(3) Employee: An employee of the university.

(4) Fee: A charge for the use of the permit issued.

(5) Hours of operation: The hours of operation established by the university for a particular parking area, parking lot, or parking space.

(6) Impoundment: The removal of a vehicle to a storage area by either a public safety officer or agent of the university.

(7) Immobilization: The application of a device to prevent the use, activity, or movement of a vehicle.

(8)(a) Motorcycles and scooters: A motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. For the purposes of these rules, motorcycles, motorized bicycles, and motorized scooters are considered to be motor vehicles and are subject to all traffic and parking rules controlling motor vehicles.

(b) Motorized bicycles and scooters definition includes electric assist propelled.

(9) Nonmotor/nonmotorized vehicle: A device other than a motor vehicle used to transport persons. Nonmotorized vehicles include, but are not limited to, bicycles, skateboards, rollerblades, and roller skates.

(10) Operator or driver: Every person who drives or is in actual physical control of a motor vehicle or a nonmotorized vehicle.

(11) Parking space: A space for parking one motor vehicle designated by lines painted on either side of the space, at the rear of the space, a wheelstop positioned in front of the space, a sign or signs, or other markings.

(12) Public safety officers: Employees of the university who are responsible for campus security, safety, and parking and traffic control.

(13) Registered owner: The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.

(14) Roller skate/rollerblade: A device used to attach wheels to the foot or feet of a person.

(15) Skateboard: Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.

(16) Student: A person enrolled in the university.

(17) Traffic: Motorized and nonmotorized modes of transportation defined in chapter 46.04 RCW.

(18) University: The University of Washington, Tacoma, and collectively those responsible for its control and operations.

(19) Vehicle: Any motorized vehicle or nonmotorized vehicle.

(20) Visitor: A person who is neither an employee nor a student of the university.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-020, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-020, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-020, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-030 Applicable parking and traffic rules.

The applicable parking and traffic rules upon the campus are:

(1) The motor vehicle and other traffic laws of the state of Washington, Title 46 RCW;

(2) The traffic code of the city of Tacoma; and

(3) The parking and traffic rules in this chapter. If the Washington laws or the Tacoma traffic code conflicts with these rules, the Washington laws or the Tacoma traffic code shall govern.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-030, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-040 Enforcement of parking and traffic rules.

The university is responsible for parking and traffic management on campus. Duly appointed public safety officers or independent contractors hired by the university are authorized to enforce these parking and traffic rules.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-040, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-045 Liability of the university.

Except for vehicles that the university owns or operates, the university assumes no liability under any circumstances for vehicles on the campus.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 05-08-017, § 478-118-045, filed 3/28/05, effective 4/28/05.

Wash. Admin. Code § 478-118-050 Permits required for vehicles on campus.

Except as provided in WAC 478-118-055, no person shall park or leave any vehicle (other than bicycles), whether attended or unattended, upon the campus unless the person first purchases a permit from the university or from the operator of the parking lot in which the vehicle is parked. Permission to park on campus will be shown by display of a valid permit, or (if a parking lot does not issue permits) by payment of the fee for parking.

(1) A valid permit is:

(a) A current vehicle permit displayed in accordance with WAC 478-118-100. Vehicle permits are valid until revoked or expired;

(b) A temporary permit authorized by the university and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit;

(c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions; or

(d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.

(2) Parking permits are not transferable, except as provided in WAC 478-118-060 and 478-118-080.

(3) The university reserves the right to refuse to issue parking permits.

(4) This section does not apply to vehicles that the university owns or operates.

(5) The university may allow persons without permits to drive through the campus without parking.

(6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-050, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-050, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-050, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-055 Visitor parking.

(1) No permit shall be required for the following motor vehicles:

(a) Public safety and emergency vehicles while performing services;

(b) Marked taxis, tow trucks, commercial delivery; and media vehicles which have agreed to comply with university guidelines and received prior written approval of the university;

(c) School buses and tour buses parking in spaces designated by the university; and

(d) University and state operated, marked vehicles.

(2) University departments may pay for all or part of the parking fees for their official visitors and guests based on the established fee schedule.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-055, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-055, filed 3/28/05, effective 4/28/05.

Wash. Admin. Code § 478-118-060 Carpool and disability parking permits.

(1) Carpool permits may be issued to employees and students. One transferable permit will be issued by the university for each carpool participant. This permit is transferable only among the registered members of the carpool. Two or more permits must be displayed simultaneously in vehicle while parked on campus. These permits must be displayed in accordance with the instructions provided with the permit. A carpool is a group of two or more employees or students who commute to the campus in the same vehicle.

(2) The university provides parking for the disabled in accordance with the requirements of federal and state law.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-060, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-060, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-060, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-070 Permit revocations.

(1) Parking permits issued by the university are the property of the university and may be recalled by the issuer for any of the following reasons:

(a) When the purpose for which the permit was issued changes or no longer exists;

(b) When an unauthorized individual uses a permit;

(c) Falsification on a parking permit application;

(d) Multiple or continued violations of parking rules;

(e) Counterfeiting or altering permits; or

(f) Failure to comply with a final decision of the citation review committee, or university hearing officer.

(2) Parking permit revocations under this chapter may be appealed pursuant to the procedures in WAC 478-118-420.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-070, filed 5/10/19, effective 6/10/19
• WSR 02-15-174, § 478-118-070, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-080 Transfer of permits limited.

(1) Permit holders may transfer one valid permit between motor vehicles. Improper transfer of a permit shall include, but is not limited to, the wrongful sale, lending, or bad faith transfer of a parking permit.

(2) Permits displaying license plate numbers shall be valid only in the vehicles whose license number matches the number written on the permit.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 05-08-017, § 478-118-080, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-080, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-090 Responsibility of person to whom permit issued.

The person to whom a permit is issued is responsible for the vehicle upon which the permit is affixed. He or she shall be held responsible for all violations of this chapter charged to that vehicle. However, the operator of a vehicle will not be relieved of responsibility for violating any rule of this chapter simply because he or she is not also the holder of the permit.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-090, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-100 Display of permits.

(1) Parking permits, other than hourly permits (receipts) dispensed from parking machines and motorcycle and scooter permits, shall be displayed either by hanging from the rear view mirror or by placing face-up on the driver's side dashboard and shall be fully visible from the exterior of the motor vehicle.

(2) Hourly permits dispensed from parking machines are not required to be displayed on or in the vehicle when payment is by stall number. If payment is not by stall number, the receipt must be displayed and fully visible in vehicle.

(3) When applicable, the area designator (numeral, letter, or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.

(4) Motorcycle and scooter license numbers shall be registered with the university. Motorcycle and scooter permits need not be displayed.

(5) When required to be displayed, permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-100, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-100, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-100, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-200 Parking fees.

The regents of the University of Washington shall adopt parking fees, specifying the charge per hour, day, quarter, or year.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 05-08-017, § 478-118-200, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-200, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-210 Allocation of parking spaces.

The parking spaces available on campus shall be allocated in a manner that will best attain the objectives of these rules.

During special occasions causing additional or heavy traffic and during emergencies, the university may impose additional traffic, fees, and parking policies to achieve the specified objectives of this chapter.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-210, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-210, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-210, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-220 Parking within designated spaces.

(1) No motor vehicle shall be parked on the campus except in areas designated as parking areas.

(2) No vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not excuse a violation of this section.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-220, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-230 Parking—Operator's responsibility.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first:

(1) Stopping the engine, locking the ignition, and removing the key; and

(2) Effectively setting the brake and transmission to prevent movement of the vehicle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-230, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-240 Regulatory signs, markings, barricades, etc.

(1) The university may erect signs, barricades, and other structures, and paint marks and other directions upon the streets and parking areas within the campus. Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of vehicles shall comply with directions given to them by public safety officers in the control and regulation of traffic. Drivers shall also comply with directions given to them by the traffic guides or parking checkers in the assignment of parking space and in the collection of parking fees.

(2) No person without authorization from the university shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-240, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-250 Speed.

No vehicle shall be operated on the campus at a speed in excess of posted limits. If no limit is posted, no vehicle shall exceed twenty miles per hour or such lower speed as is reasonable and prudent in the circumstances.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-250, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-260 Pedestrian's right of way.

(1) The operator of a vehicle shall yield right of way to any pedestrian. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible or unsafe for the driver to yield.

(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass that vehicle.

(3) Where a sidewalk or marked crossings are provided, pedestrians shall proceed upon the sidewalk or crossings.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-260, filed 5/10/19, effective 6/10/19
• WSR 02-15-174, § 478-118-260, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-270 Motorcycles and scooters.

(1) Motorcycles and scooters are subject to all traffic rules controlling other motor vehicles.

(2)(a) Motorcycles and scooters may only be parked in areas designated for motorcycles or scooters.

(b) This also includes electric assist bicycles and scooters.

(3)(a) Motorcycles and scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.

(b) This also includes electric assist bicycles and scooters.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-270, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-270, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-270, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-280 Distribution of literature.

No person may distribute literature by placing it on motor vehicles parked on the campus. Literature includes, but is not limited to, pamphlets, flyers, and stickers.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-280, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-290 Bicycle and scooter parking and traffic rules.

(1) The primary aim of the bicycle control program is safety. This aim will be achieved by keeping bicycles out of buildings, away from building exits, and parking them off paths and sidewalks.

All bicycle parking and traffic rules under WAC 478-118-290 also include electric assist bicycles and scooters.

(2) Bicycles and scooters may be ridden anywhere vehicles are permitted. They may be ridden on most sidewalks, though pedestrians always have the right of way. It shall be a violation of this section for any bicycle rider to fail to yield to pedestrians, or to ride a bicycle on paths, sidewalks, or streets where signs indicate such is prohibited. An audible signal or warning must be given by the bicyclist whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the bicycle or scooter.

(3) Bicycles and scooters operated on paths, sidewalks, and roadways shall be subject to all relevant state statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.

(4) Bicycles and scooters shall be operated in a safe manner at all times on paths, sidewalks, and roadways. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic, or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.

(5) Bicycles and scooters shall be parked only in designated parking areas. All bicycle owners are encouraged to secure their bicycles with a secure lock. At no time shall a bicycle or scooter be parked in a building, except where bicycle storage rooms are provided, near a building exit, on a path or sidewalk, in planted areas, or chained or otherwise secured to trees, lamp standards, railings, or sign posts.

(6) Moving a bicycle or scooter into any unauthorized area such as a building or construction zone is prohibited.

(7) Bicycle racks in campus areas are for parking and shall not be used for overnight storage.

(8) Impoundment for illegal parking.

(a) Bicycles and scooters parked in violation of subsections (5), (6), and (7) of this section will be subject to seizure and impoundment by the university.

(b) A bicycle abandoned or parked on university land for fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies the campus safety and security office. A bicycle that has been obviously stripped or vandalized may be immediately impounded.

(c) Impounded bicycles will be stored by the campus safety and security office. Bicycles will be released at specified times and upon presentation of proof of ownership and payment of any fine that has been imposed. Owners of impounded bicycles, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. Bicycles unclaimed after sixty consecutive days will be subject to disposal, including sale at public auction, in accordance with university property disposal rules.

(d) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.

(e) Impoundment or sale of any bicycle under this section shall not substitute for, nor release any person from liability for, damage to persons or property caused by the use of a bicycle.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-290, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-290, filed 3/28/05, effective 4/28/05.

Wash. Admin. Code § 478-118-300 Skateboard rules.

(1) Skateboard use in pedestrian areas including, but not limited to, walkways, ramps, concourses, plazas, and staircases, and on internal university streets and loading areas on the campus is restricted solely to transporting an individual from one campus destination to another. Any recreational, athletic, or other exhibitional use of skateboards unrelated to transportation is strictly prohibited, unless expressly approved in advance by the committee on the use of university facilities, pursuant to chapter 478-136 WAC and use of university facilities policies and procedures.

(2) Skateboard use in violation of this section shall result in the following:

(a) For the first offense, the campus safety and security office will record the name of the individual and provide a written warning against further skateboard use in violation of this section. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded by the campus safety and security office until they are able to return with the receipt and identification. There will be no impoundment fee.

(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine and/or impoundment fee.

(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty days and the offender shall be subject to a fine and impoundment fee.

(d) Impounded skateboards will be held by the campus safety and security office and released only during regular business hours to individuals with satisfactory identification.

(3) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to disposal, including sale at public auction, in accordance with university property disposal rules.

(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.

(5) Impoundment or sale of any skateboard under this section shall not substitute for, nor release any person from liability for, damage to persons or property caused by use of a skateboard at the university.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 05-08-017, § 478-118-300, filed 3/28/05, effective 4/28/05.

Wash. Admin. Code § 478-118-400 Issuance of traffic and parking citations.

Upon probable cause to believe that a violation of these rules has occurred, a public safety officer or designated contractor may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the permit number, license number, infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: Attaching a copy of the citation to or placing it prominently within the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-400, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-400, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-400, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-410 Fines and impounding.

WAC 478-118-410

(1) The current schedule of fines shall be published by the university and made available for review in the safety and security office.

(2) All fines must be paid as designated on the citation within 20 calendar days from the date of the citation. Fines must be paid or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after 20 calendar days from the date of the citation, the university shall impose an additional fine of $10 per offense and may:

(a) Withhold the violator's degrees, grades, refunds, or credits until all fines are paid;

(b) Impound the violator's vehicle;

(c) Deny future parking privileges to the violator; or

(d) Refuse to issue keys to a violator who is an employee or student.

(3) In addition to imposing fines, public safety officers may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release. Grounds for impounding or immobilizing vehicles shall include, but not be limited to, the following:

(a) Blocking a roadway so as to impede the flow of traffic;

(b) Blocking a walkway so as to impede the flow of pedestrian traffic;

(c) Blocking a fire hydrant or fire lane;

(d) Creating a safety hazard;

(e) Blocking another legally parked vehicle;

(f) Parking in a marked "tow-away" zone;

(g) Leaving a vehicle unattended on campus for longer than two days;

(h) Failing to pay a fine imposed under this chapter;

(i) Vehicle with three or more fines in late or collection status; or

(j) Parking a nonuniversity vehicle in a spot reserved for university use.

Not more than 24 hours after impoundment of any vehicle (excluding bicycles and skateboards), the university shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. The university shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.

(4) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the university.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-14-094, s 478-118-410, filed 6/30/26, effective 7/31/26. Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-410, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-410, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-410, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-420 Appeals of fines and impoundments.

(1) Except for skateboards, any impoundment or fine under this chapter may be appealed in writing within twenty calendar days from the date of the citation or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation or notice of impoundment. The university will make appeal forms available at the university's cashier office. The notice of appeal must explain the reasons for contesting the citation or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal.

(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten days of taking action. If the appeal is denied or modified to a warning, dismissal, reduction, or suspension, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.

(3) A person wishing to contest the written decision may request a review by contacting the designated university reviewing officer in writing within twenty-one days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty days of the date of the request, review the matter and render a final written decision to uphold or modify (warning, dismissal, reduction, or suspension), which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten days after service of the decision.

(4) A person wishing to appeal a final decision of the reviewing officer to the district court may, within ten days of service of the final decision, file a written notice with the university's finance and administration office. The written notice must be submitted on the "Notice of Appeal" form provided by the university. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 19-11-049, § 478-118-420, filed 5/10/19, effective 6/10/19
• WSR 05-08-017, § 478-118-420, filed 3/28/05, effective 4/28/05
• WSR 02-15-174, § 478-118-420, filed 7/24/02, effective 8/24/02.

Wash. Admin. Code § 478-118-500 Report of accident.

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total or claimed damage to either or both vehicles of five hundred dollars shall, within twenty-four hours, report such accident to the campus security department. This does not relieve any person so involved in an accident from his responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

History

• Statutory Authority: RCW 28B.10.560 and 28B.20.130. WSR 02-15-174, § 478-118-500, filed 7/24/02, effective 8/24/02.

Chapter 478-121 Student conduct code for the University of Washington.

Wash. Admin. Code § 478-121-010 Statement of authority.

Pursuant to chapter 34.05 RCW and the authority granted by RCW 28B.20.130, the board of regents of the University of Washington has established rules regarding student conduct and student discipline (code) that are set forth in chapter 478-121 WAC. The university has also developed agency-level policies and procedures regarding the code pursuant to chapter 34.05 RCW. See Student Governance and Policies, chapters 209 and 210.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-010, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-020 General application of the student conduct code.

This conduct code applies to all students from the time of admission through the actual conferral of a degree, including any period between terms of enrollment.

The disciplinary sanctions specified in WAC 478-121-210, up to and including suspension or dismissal, may be imposed on any student or student organization found responsible for prohibited conduct set forth in WAC 478-121-100 through 478-121-173, WAC 478-121-605, and as described in relevant university policies.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-020, filed 3/11/21, effective 4/11/21. Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-020, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-030 Application of student conduct code to research misconduct.

Research misconduct, as defined in WAC 478-121-145, is a form of prohibited conduct under this code. Federal rules and policies, however, regulate the handling of research misconduct matters when university research is supported by federal funding. These federal requirements are incorporated into the university's Executive Order No. 61, Research Misconduct Policy, which governs the handling of research misconduct allegations against students participating in research on behalf of the university, as is further explained in that executive order. The disciplinary sanction provisions of this code, WAC 478-121-210 through 478-121-213, apply if there has been a finding of research misconduct against a student under Executive Order No. 61. The administrative review provisions of this code, WAC 478-121-320 through 478-121-345, apply to the extent such review is permitted by Executive Order No. 61.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-030, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-040 Jurisdiction of the university.

(1) The scope of the university's jurisdiction includes reports that prohibited conduct occurred:

(a) On any university premises or in connection with any university-sponsored program or activity, regardless of the location of the program or activity; or

(b) Off campus (i.e., conduct that does not occur on university premises or in the context of a university-sponsored program or activity) where: The university reasonably determines that the conduct adversely affects a university interest or, has continuing adverse effects or may create a hostile environment on university premises or in the context of a university-sponsored program or activity.

(2) Nothing in this conduct code shall be construed to limit academic action that may be taken by schools, colleges, or programs against a respondent based on an established violation of this conduct code that demonstrates a failure to meet the academic and/or professional standards of the school, college, or program.

(3) If a respondent withdraws from the university (or fails to reenroll) while a conduct proceeding is pending, the university may move forward with the conduct proceeding and, if so, the respondent will be provided with a continued opportunity to participate.

(4) Under regulations established by the United States Department of Education, 34 C.F.R. Part 106, the prohibited conduct defined in WAC 478-121-605 must be addressed as provided under Part VII of this code, not as provided under Parts II through V, if, and only if: It is alleged to have occurred in a university education program or activity, and it is against a person in the United States.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-040, filed 3/11/21, effective 4/11/21. Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-040, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-045 Severability.

If any provision or clause of this chapter 478-121 WAC, or any application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application and, to this end, the provisions of these rules are declared to be severable.

These rules are additional to any others duly promulgated by the university.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-045, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-050 Definitions.

For the purposes of this conduct code, the following definitions apply:

(1) Attorney. Attorney is a person permitted to practice law in Washington state.

(2) Complainant. A complainant is the person who is the subject of the prohibited conduct, whether or not that person made a report that a violation of the code had been committed against them.

(3) Conduct hold. A conduct hold refers, collectively, to administrative notes on a student's record, such as registration holds, degree holds, and transcript holds, that enable the conduct officer to monitor the registration and enrollment status of a student for the purpose of administering this code.

(4) Conduct officer. Conduct officer is an individual who has the authority to initiate conduct proceedings under this code, including initiating conduct proceedings, completing fact finding, and issuing initial orders. A conduct officer under this code is considered a "presiding officer" under chapter 34.05 RCW for the purpose of conducting a brief adjudicative proceeding.

(5) Conduct proceedings. Conduct proceedings refers to brief adjudicative proceedings and full adjudicative proceedings, collectively, under chapter 34.05 RCW.

(6) FERPA. FERPA refers to the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99).

(7) Full hearing. Full hearing refers to the hearing that occurs when a matter is designated as being appropriate for a full adjudicative proceeding, consistent with WAC 478-121-400 through 478-121-427 of this code.

(8) Hearing officer. A hearing officer is a "presiding officer" in a full hearing for the purpose of conducting a full adjudicative proceeding under chapter 34.05 RCW.

(9) Presiding officer. Presiding officer refers to conduct officers and hearing officers collectively.

(10) Respondent. A respondent is any student or student organization reported to have engaged in or charged with prohibited conduct under the conduct code.

(11) Review coordinator. A review coordinator is an individual who may be appointed to a review panel as a nonvoting member who manages the administrative review process.

(12) Review panel. Review panel is a panel of reviewing officers selected from the pool of reviewing officers appointed to conduct administrative reviews under WAC 478-121-320 through 478-121-345 and 478-121-430 through 478-121-445. The review panel may also include a "review coordinator."

(13) Reviewing officers. Reviewing officers are those who conduct administrative reviews for the purpose of full adjudicative proceedings or brief adjudicative proceedings under chapter 34.05 RCW.

(14) Student. A student is any person enrolled in or taking courses at or through the university, either full-time or part-time, including credit, noncredit, online, and nondegree courses, and any person who has been notified of acceptance for admission by the university. A student who withdraws from a course or from the university, graduates, or completes courses after the date of an alleged violation, or who is not enrolled for a particular quarter or quarters, but has a continuing relationship with the university, is still considered a student for purposes of this conduct code.

(15) Student organization. Student organization is a group of students that has complied with the requirements for university recognition or who is otherwise granted any rights or privileges by the university as a university affiliate. Student organizations include, but are not limited to, athletic teams or clubs, registered student organizations (RSOs), university service clubs, and sororities and fraternities.

(16) University community. The university community includes all university students, employees, guests of and visitors to the University of Washington, and other individuals affected by the conduct of a university student.

(17) University official. University official means employees of the University of Washington performing their assigned administrative, professional, or paraprofessional duties.

(18) University premises. University premises includes all of the University of Washington's campus buildings, grounds, and facilities, all of its extension and research locations, and all other university-leased, -owned, or -managed buildings, grounds, and facilities, including its global learning centers and study abroad program sites, as well as university-sponsored and/or -hosted online platforms.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-050, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-100 General application.

Prohibited conduct under this code includes, but is not limited to, the prohibited conduct described in WAC 478-121-100 through 478-121-173, WAC 478-121-605, and relevant university policies. For additional interpretation of prohibited conduct, see Student Governance and Policies, chapter 209, student conduct policy for academic misconduct and behavioral misconduct, and chapter 210, student conduct policy for discriminatory and sexual harassment, intimate partner violence, sexual misconduct, stalking, and retaliation.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-100, filed 3/11/21, effective 4/11/21. Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-100, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-103 Abuse of others.

Abuse of others includes assault and other forms of physical abuse of any person, or any conduct intended to threaten bodily harm or to endanger the health or safety of any person.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-103, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-105 Abuse of the student conduct process.

(1) Abuse of the student conduct process includes:

(a) Attempting to influence the impartiality or participation of any presiding officer or any reviewing officer;

(b) Influencing or attempting to influence another person to commit an abuse of the student conduct process; or

(c) Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in the conduct process.

(2) This provision does not apply to reports made or information provided in good faith, even if the respondent is ultimately found not responsible in that conduct proceeding.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-105, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-107 Academic misconduct.

Academic misconduct includes:

(1) "Cheating" which includes, but is not limited to:

(a) The use of unauthorized assistance in taking quizzes, tests, or examinations, or completing assignments;

(b) The acquisition, use, or distribution of unpublished materials created by another student without the express permission of the original author(s);

(c) Using online sources, such as solution manuals, without the permission of the instructor to complete assignments, exams, tests, or quizzes; or

(d) Requesting, hiring, or otherwise encouraging someone to take a course, exam, test, or complete assignments for a student.

(2) "Falsification," which is the intentional use or submission of falsified data, records, or other information including, but not limited to, records of internship or practicum experiences or attendance at any required event(s), or scholarly research.

(3) "Plagiarism," which is the submission or presentation of someone else's words, composition, research, or expressed ideas, whether published or unpublished, without attribution. Plagiarism includes, but is not limited to:

(a) The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment; or

(b) The unacknowledged use of materials prepared by another person or acquired from an entity engaging in the selling of term papers or other academic materials.

(4) Unauthorized collaboration.

(5) Engaging in behavior specifically prohibited by an instructor in the course of class instruction or in a course syllabus.

(6) Multiple submissions of the same work in separate courses without the express permission of the instructor(s).

(7) Taking deliberate action to destroy or damage another's academic work in order to gain an advantage for oneself or another.

(8) The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation, and/or the dissemination or use of such unauthorized records.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-107, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-110 Acts of dishonesty.

Acts of dishonesty include:

(1) Knowingly furnishing false information to any university official;

(2) Impersonating, or providing false information in the name of, any university official;

(3) Forging, altering, or misusing any university document or record, or instrument of identification;

(4) Falsely claiming an academic credential; and

(5) Providing dishonest or misleadingly incomplete information or answers on application forms or in response to other official university requests for information.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-110, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-113 Aiding, assisting, and attempting.

Students may be found responsible for prohibited conduct if they:

(1) Aid or assist another student or student organization in the commission of prohibited conduct;

(2) Request, hire, or incite another person to commit prohibited conduct, either intending that the other person commit the prohibited conduct or with the knowledge that the other person intends to commit the prohibited conduct; or

(3) Attempt to commit prohibited conduct.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-113, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-115 Alcohol violations.

The unlawful possession, use, distribution, or manufacture of alcohol.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-115, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-117 Computer abuses.

Computer abuses include, but are not limited to:

(1) Unauthorized use of university computer resources;

(2) Use of another person's university user name and/or password;

(3) Use of university computing facilities and resources to interfere with the work of another student, an instructor, or other university official;

(4) Use of university computing facilities or resources to send intimidating, harassing, or threatening messages;

(5) Use of a computer or software to interfere with normal operations of the university's computing systems;

(6) Use of the university's computing facilities or resources in violation of any law, including copyright laws; and

(7) Any violation of the university's computer use policies.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-117, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-120 Creating a public nuisance in neighboring communities.

In furtherance of the university's interest in maintaining positive relationships with its surrounding communities, the university shall have the authority to hold students accountable under this conduct code for misconduct within any residential or commercial communities adjacent to a university campus. Conduct proceedings may be initiated if the university is made aware that a student or student organization has been contacted by a law enforcement agency regarding, and is determined to have engaged in, conduct that is in violation of a state statute or municipal ordinance and has a direct quality of life impact on community residents or businesses, including, but not limited to, creating a public nuisance due to noise, residential disturbance, intentional destruction of property, urinating in public, or criminal trespass.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-120, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-123 Discriminatory harassment.

Discriminatory harassment includes verbal, physical, electronic, or other conduct based on an individual's race, color, creed, religion, national origin, citizenship, sex, age, pregnancy, marital status, sexual orientation, gender identity or expression, disability, or veteran status when one of the conditions outlined in subsection (1) or (2) of this section is present:

(1) Submission to, or rejection of, such conduct is made implicitly or explicitly a term or condition of a person's instruction, academic standing, employment, or participation in any university program, activity, or benefit, or is used as a basis for evaluation in making academic or personnel decisions; or

(2) Such conduct creates a hostile environment, which is created when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual's academic or work performance, ability to participate in or benefit from the university's programs, services, opportunities, or activities, or the receipt of legitimately requested services when viewed through both a subjective and objective standard.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-123, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-125 Disruption or obstruction.

Disruption or obstruction includes materially and substantially obstructing or disrupting, through words or conduct, the teaching or learning environment of any university educational setting, or any university functions or activities.

An instructor has the authority to exclude a student from any individual class session or other academic activity in which the student is materially disruptive or obstructive and may also make a report in accordance with this code and university policy.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-125, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-127 Drug violations.

The possession, use, distribution, or manufacture of controlled substances (as defined in chapter 69.50 RCW or 21 U.S.C. Sec. 802) on university premises or during university-sponsored activities where such possession, use, distribution, or manufacture is illegal under federal, state, or local law is prohibited. This includes the possession, use, distribution, or growing of marijuana in all forms during university-sponsored activities or on university premises, including university housing.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-127, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-130 Failure to comply.

Failure to comply includes, but is not limited to:

(1) Any failure to comply with the directions of any university officials acting in the performance of their duties;

(2) Any failure to identify oneself to university officials when requested to do so; or

(3) Any failure to comply with the rules, regulations, procedures, policies, standards of conduct, or any order or directive of the university or any of its schools, colleges, and departments.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-130, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-133 Harassment or bullying.

Harassment or bullying is language or conduct that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the university's programs, services, opportunities, or activities, when viewed through both an objective and subjective standard. This includes harassment or bullying that occurs through electronic means, such as electronic media, the internet, social networks, blogs, cell phones, or text messages.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-133, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-135 Hazing.

All student organizations and living groups are prohibited from hazing.

(1) Hazing includes:

(a) Conduct associated with initiation or admission into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group, that causes or is likely to cause bodily danger or physical harm or serious psychological or emotional harm to any student or other person. This conduct includes, but is not limited to:

(i) Humiliation by ritual act;

(ii) Striking another person whether by use of any object or any part of one's body;

(iii) Causing someone to experience excessive fatigue or physical and/or psychological shock;

(iv) Causing someone to engage in degrading or humiliating games or activities that create a risk of serious psychological, emotional, and/or physical harm; or

(v) Encouraging or promoting the unlawful possession, forced or coerced use, or competitive or ritualistic consumption of alcohol, drugs or other substances.

(b) Hazing also includes conduct that is not a violation of (a) of this subsection and is associated with initiation or admission into a student organization or living group, or any pastime or amusement engaged in with respect to a student organization or living group, such as:

(i) Subtle hazing: Activities or situations created that emphasize a direct or indirect power imbalance between members. This includes, but is not limited to, physical or mental manipulation, or causing someone to believe that they may be required to participate in degrading or humiliating games or activities that create psychological, emotional, or physical harm;

(ii) Harassment hazing: Activities that cause confusion, frustration, or physical discomfort that are directly or indirectly required, in order to become or remain a member of the student organization or living group. This includes, but is not limited to, sleep deprivation, verbal abuse, or being expected to harass others; or

(iii) Interference hazing: Activities that do not allow reasonably adequate time for study or that otherwise unreasonably interferes with academic obligations.

(2) Hazing does not include customary athletic or cultural events or other similar contests or competitions.

(3) Consent is not a defense to hazing.

(4) Any student organization or living group that knowingly permits hazing as defined in subsection (1)(a) of this section shall be deprived of official recognition, approval, or registration granted by the university.

Any student organization or living group that knowingly permits hazing as defined in subsection (1)(b) of this section shall either be deprived of official recognition, approval, or registration or be placed on disciplinary probation for a period specified by the university.

(5) Students found responsible for violations of this section shall forfeit any entitlement to state funded grants, scholarships, or awards for a specified period of time determined by the university.

History

• Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 20-09-105, § 478-121-135, filed 4/16/20, effective 5/17/20. Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-135, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-137 Indecent exposure.

Indecent exposure includes the exposure of a person's genitals or other private body parts when done in a place or manner in which such exposure is likely to cause affront or alarm, or is against generally accepted standards of decency. Breastfeeding or expressing breast milk is not indecent exposure.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-137, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-140 Intimate partner violence.

Intimate partner violence includes any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship. Intimate partner violence may include any form of prohibited conduct under this code, including sexual assault, stalking, and physical abuse of others.

Abuse of others includes assault and other forms of physical abuse of any person, or any conduct intended to threaten bodily harm or to endanger the health or safety of any person.

Intimate partner violence may also include forms of economic or emotional abuse, including behaviors that are intended to intimidate, manipulate, humiliate, or isolate someone.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-140, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-143 Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons.

(1) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons includes unauthorized possession of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on university premises, unless specifically authorized by the university president or delegee.

(2) Firearms include, but are not limited to, what are commonly known as air guns or rifles, BB guns, and pellet guns, and any instrument used in the propulsion of shot, shell, bullets, or other harmful objects by the:

(a) Action of gunpowder or other explosives;

(b) Action of compressed air; or

(c) Power of springs or other forms of propulsion.

(3) This includes the exhibition or display of a replica of a dangerous weapon prohibited under this subsection if done in a manner and at a time or place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-143, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-145 Research misconduct.

"Research misconduct" is fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, as is further set forth in the university's Executive Order No. 61.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-145, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-147 Retaliation.

Retaliation includes engaging or attempting to engage in any action, directly or indirectly, including through a third party, that is intended to harass, intimidate, threaten, harm or improperly influence any person because they:

(1) Make, or intend to make, a report, complaint, grievance, or allegation of prohibited conduct under any university policy or rule, or under any law;

(2) Participate in and/or cooperate with conduct proceedings; or

(3) Appear as a witness.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-147, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-150 Sexual assault.

Sexual assault includes sexual contact with another person without, or that exceeds, that person's consent.

For the purposes of this subsection, "sexual contact" includes:

(1) Any intentional touching of the intimate parts of another person's clothed or unclothed body, including but not limited to the mouth, neck, buttocks, anus, genitalia, or breast;

(2) Causing another person to touch their own or another's body in the manner described above; or

(3) Any penetration, no matter how slight, of the vagina or anus with any body part or object, or oral-genital contact.

For the purposes of this subsection, "consent" means that at the time of and throughout the sexual contact, there are words or conduct that reasonably communicate freely given agreement between or among the parties to engage in the sexual contact. In addition:

(4) Consent cannot be obtained when force or threat is used to gain consent;

(5) Consent cannot be obtained where the respondent knew or reasonably should have known that the other person was incapacitated; or

(6) Consent cannot be given or granted by a person who is under the statutory age of consent in accordance with the criminal code of Washington, chapter 9A.44 RCW, Sex offenses.

A respondent's use of alcohol or drugs is not a valid defense to a charge of sexual assault, and a respondent will be held to the standard of a reasonable sober person in evaluating whether the respondent knew or reasonably should have known that the complainant was incapacitated.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-150, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-153 Sexual exploitation.

Sexual exploitation involves taking nonconsensual or abusive advantage of another for the purposes of sexual arousal or gratification, financial gain, or other personal benefit. Examples of sexual exploitation include:

(1) Transmitting, distributing, publishing, or threatening to transmit, distribute, or publish photos, video, or other recordings or images of a private and sexual nature, including consensual sexual activity, without the consent of the subject(s);

(2) Taking, making, sharing, or directly transmitting photographs, films, or digital images of the private body parts of another person without that person's consent;

(3) Prostituting another person; or

(4) Knowingly allowing another to surreptitiously watch otherwise consensual sexual activity.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-153, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-155 Sexual harassment.

Sexual harassment is unwelcome sexual advances, requests for sexual favors or other verbal, physical, or electronic conduct of a sexual nature when one of the conditions outlined in subsection (1) or (2) of this section is present:

(1) Submission to, or rejection of, such conduct is made implicitly or explicitly a term or condition of a person's instruction, academic standing, employment, or participation in any university program, activity, or benefit, or is used as a basis for evaluation in making academic or personnel decisions; or

(2) Such conduct creates a hostile environment, which is created when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual's academic or work performance, ability to participate in or benefit from the university's programs, services, opportunities, or activities, or the receipt of legitimately requested services when viewed through both a subjective and objective standard.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-155, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-157 Stalking.

(1) Stalking means engaging in a course of conduct directed at another person that would cause a reasonable person to:

(a) Fear for the person's safety or safety of others; or

(b) Suffer substantial emotional distress.

(2) For the purposes of this section, "course of conduct" means two or more acts including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Stalking also includes cyberstalking such as through electronic media, the internet, social networks, blogs, cell phones, or text messages.

(3) For the purposes of this section, "substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-157, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-160 Theft.

Theft is the taking of property or services without express permission of the owner. This includes, but is not limited to, taking, possessing, or aiding another to take university property or services, or property belonging to members of the university community.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-160, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-163 Unauthorized keys, entry, or use.

Unauthorized keys, entry, or use includes, but is not limited to:

(1) Unauthorized possession, duplication, or use of keys (including conventional keys, key cards, or alphanumeric passcodes) to any university premises;

(2) Unauthorized entry upon or use of university premises or property; or

(3) Providing keys to an unauthorized person or providing access to an unauthorized person.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-163, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-165 Unauthorized recording.

(1) Unauthorized recording includes, but is not limited to:

(a) Making audio, video, digital recordings, or photographic images of a person without that person's consent in a location where that person has a reasonable expectation of privacy; or

(b) Storing, sharing, publishing, or otherwise distributing such recordings or images by any means.

(2) When such recordings may fall within WAC 478-121-153 Sexual exploitation, they will be addressed in accordance with that provision and related policies.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-165, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-167 Vandalism.

Vandalism includes maliciously damaging or misusing university property, or the property of any member of the university community.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-167, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-170 Violation of disciplinary sanctions.

Violation of disciplinary sanctions includes the violation of any term or condition of any final order issued under this conduct code or the failure to complete a disciplinary sanction in the specified time frame.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-170, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-173 Violation of law.

Violation of law includes when a student has been convicted of a crime under any federal, state, or local law that adversely affects a university interest.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-173, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-200 Form of adjudicative proceeding.

All conduct proceedings under this code shall be conducted in accordance with chapter 34.05 RCW, Administrative Procedure Act and constitutional due process. If there is an irresolvable conflict between this code and the Administrative Procedure Act or constitutional due process, the Administrative Procedure Act and constitutional due process shall supersede these rules.

In applying this code, due consideration shall be given to the fact that the conduct process is administrative and not judicial in nature and that the rules of civil procedure only apply to the extent set forth in this code or in chapter 34.05 RCW. In formal proceedings pursuant to RCW 34.05.413 through 34.05.476, the University of Washington adopts the model rules of procedure, chapter 10-08 WAC, Model rules of procedure. In the case of a conflict between the model rules of procedure and these procedural rules, the procedural rules adopted in these rules shall govern.

Informal settlements may be conducted under the authority of RCW 34.05.060.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-200, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-203 Brief adjudicative proceeding.

When conduct proceedings have been designated as brief adjudication proceedings under this code, they will be conducted in accordance with RCW 34.05.482 through 34.05.494 and the parties will receive notice as set forth in WAC 478-121-235.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-203, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-205 Conversion to full adjudicative proceeding.

Prior to the conclusion of a brief adjudicative proceeding, the conduct officer shall make any inquiries necessary to ascertain whether the proceeding should be converted to a full adjudicative proceeding under RCW 34.05.413 through 34.05.476 of the Administrative Procedure Act. If converted, the conduct officer will take steps necessary to initiate a full hearing and a hearing officer will be assigned.

To the extent feasible, the conduct officer's record will be included in the record for the full hearing. The time of commencement of the full hearing shall be considered to be the time of commencement of the original conduct proceeding.

If not converted by the conduct officer, the parties will be given an opportunity to request a full hearing per WAC 478-121-320 through 478-121-345.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-205, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-207 Full adjudicative proceeding.

If it becomes apparent that a full adjudicative proceeding is necessary, is in the public interest, or is more appropriate to resolve issues affecting the participants, a full hearing will be held in accordance with WAC 478-121-400 through 478-121-427 that is in compliance with RCW 34.05.413 through 34.05.476. Factors that may be considered as guidelines to determine whether the issues and interests involved warrant the use of a full adjudicative proceeding consistent with this code will be defined in university policy, including Student Governance and Policies, chapters 209 and 210.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-207, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-210 Disciplinary sanctions.

(1) One or more of the following disciplinary sanctions may be imposed for any violation of this conduct code:

(a) Disciplinary reprimand. A respondent may be issued a written disciplinary reprimand.

(b) Disciplinary probation. A respondent may be placed on disciplinary probation (meaning formal conditions are imposed on the respondent's continued attendance). The time period for the disciplinary probation and any conditions shall be specified. Failure to fulfill conditions of the disciplinary probation in a timely manner will extend the probationary period (and the conditions) and may result in additional disciplinary sanctions.

(c) Restitution. A respondent may be required to make restitution for damage or other loss of property and for injury to persons. The university may put a conduct hold in place if the respondent fails to pay or to make in writing university-approved arrangements to pay restitution.

(d) Loss of privileges. A respondent may be denied specified privileges for a designated period of time such as the privilege to participate in a particular campus activity and may be restricted from any or all university premises for a specific duration.

(e) Suspension. A respondent may be suspended (i.e., temporarily separated) from the university for a specified period of time. Conditions of suspension may be imposed and will be specified. Except as otherwise specified in the final order, all conditions must be fulfilled before the end of the suspension period. Failure to fulfill all conditions of suspension in a timely manner will extend the suspension period and any conditions, and may result in additional disciplinary sanctions. The university may put a conduct hold in place during the suspension period.

(f) Dismissal. A respondent may be dismissed (i.e., permanently separated) from the university.

(g) Sanctions for hazing. In addition to other sanctions, a student who is found responsible for participating in hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a specified period of time.

(2) In determining an appropriate sanction for a violation of this code, factors that may be considered include, but are not limited to:

(a) The seriousness, severity, persistence, or pervasiveness of the prohibited conduct;

(b) The nature or violence, if applicable, of the prohibited conduct;

(c) The impact on the complainant and/or university community;

(d) The respondent's past disciplinary record with the university;

(e) Whether the respondent has accepted responsibility for the prohibited conduct;

(f) The maintenance of a safe, nondiscriminatory and respectful environment conducive to learning; and/or

(g) Any other mitigating, aggravating, or compelling factors that the presiding officer determines to be relevant and admissible.

(3) The use of alcohol or drugs by a respondent will not be considered a mitigating factor in imposing discipline.

(4) If a respondent withdraws from the university (or fails to reenroll) before completing a sanction, the sanction must be completed prior to or upon the respondent's reenrollment, depending on the nature of the sanction. Completion of disciplinary sanctions may be considered in applications for readmission to the university.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-210, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-213 Effective date of sanctions.

Sanctions will be implemented when a final order becomes effective in the university's conduct proceeding. An initial order that becomes a final order because no administrative review was requested or initiated becomes effective on the day after the period for requesting review has expired.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-213, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-215 Authority to initiate conduct proceedings and delegations of authority in conduct proceedings.

(1) The following university officials may initiate conduct proceedings under this conduct code:

(a) The vice president for student life at University of Washington Seattle;

(b) The chancellors at University of Washington Bothell and Tacoma;

(c) Deans of a school or college (including the graduate school) at University of Washington Seattle; and

(d) Deans or directors of any school or program at University of Washington Bothell or Tacoma.

(2) The above named university officials may delegate the authority to one or more individuals to initiate conduct proceedings, engage in fact finding, hold hearings, and issue initial orders under this conduct code. They may also establish student or student-faculty-staff hearing bodies to advise or to act for them in conduct proceedings.

(3) For the purpose of completing administrative reviews under WAC 478-121-320 through 478-121-345 and 478-121-430 through 478-121-445 of this code:

(a) The chair of the faculty senate will appoint one or more faculty to be included in a pool of available reviewing officers; and

(b) The president, vice president for student life at University of Washington Seattle, or the chancellors at University of Washington Bothell and Tacoma may appoint one or more students to be included in a pool of available reviewing officers.

(4) Review panels, composed of multiple reviewing officers, may be created to complete administrative reviews under WAC 478-121-320 through 478-121-345 and 478-121-430 through 478-121-445 of this code. Review panels may also include a review coordinator.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-215, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-217 Appointment of reviewing officers.

Faculty and students may be appointed to the pool of available reviewing officers at any time by a university official with authority to appoint such individuals. Efforts will be made to ensure the pool includes available reviewing officers representing the University of Washington Seattle, Bothell, and Tacoma campuses. The appointment will be for a specific term, which may be extended at the discretion of a university official with authority to appoint such individuals, and will include any training and other conditions of service. See Student Governance and Policies, chapters 209 and 210.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-217, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-220 Selection of review panels.

For each administrative review, an odd number of available reviewing officers will be selected from the pool, based on availability, to form the review panel. Those selected for the panel will designate a faculty member of the panel to act as chair, with efforts made that the chair be a representative from the campus where the respondent is enrolled.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-220, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-223 Disqualification and substitution of presiding officers and reviewing officers.

Consistent with RCW 34.05.425, any presiding officer or reviewing officer is subject to disqualification for bias, prejudice, interest, or any other applicable cause. Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly upon discovering facts establishing grounds for disqualification. The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. An appropriate individual will then be substituted as a presiding or reviewing officer.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-223, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-225 Initiating conduct proceedings.

Conduct proceedings may be initiated when the university receives any direct or indirect report of conduct that may violate this code, which may include, but is not limited to, a police report, an incident report, a witness statement, other documentation, or a verbal or written report from a complainant, witness, or other third party.

Conduct matters may be initiated under the conduct code regardless of whether or not the incident in question is the subject of criminal or civil proceedings.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-225, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-227 Decision not to initiate a conduct proceeding.

If the conduct officer decides not to initiate a conduct proceeding when requested by a complainant who, otherwise, would be a party to the proceeding, the conduct officer will provide the complainant with a written decision, including a brief statement of the reasons and of any other options for review.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-227, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-230 Conduct hold on student record.

A conduct office or other designated university official may place a conduct hold on the student's record if the student is the respondent in a pending report of prohibited conduct, a pending conduct proceeding under this code, or in conjunction with a disciplinary sanction under this code. A conduct hold may restrict the student from registering for classes, requesting an official transcript, or receiving a degree from the university until the hold has been removed. If the conduct hold is put in place pending or during a conduct proceeding, the student will be notified of the hold and be advised how to raise an objection about the hold or request that it be made less restrictive. The hold will remain in place until lifted by the conduct office or other designated university official with authority to do so.

Implementation of any conduct hold does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under this conduct code.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-230, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-233 Parties.

The parties to conduct proceedings are typically the university and the respondent. In accordance with Student Governance and Policies, chapter 210, student conduct policy for discriminatory and sexual harassment, intimate partner violence, sexual misconduct, stalking, and retaliation, in cases involving discriminatory harassment, indecent exposure, intimate partner violence, sexual assault, sexual exploitation, sexual harassment, stalking, or retaliation, the complainant is also a party. In addition, the university may designate other individuals, such as a complainant, as a party to other types of conduct proceedings, or allow individuals to intervene in conduct proceedings. For additional guidance, see Student Governance and Policies, chapter 209, student conduct policy for academic misconduct and behavioral misconduct.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-233, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-235 Interim protective measures.

After receiving a report of prohibited conduct, the university may implement interim protective measures that impact a respondent at any time prior to the conclusion of a conduct proceeding. When implemented, the respondent will be advised on how to raise an objection about the interim measure or request that it be made less restrictive. Interim measures will remain in place until lifted or modified by a university official with authority to do so.

Implementation of any interim measure does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under this conduct code. A respondent who fails to comply with any interim protective measures may, however, be charged with a "failure to comply" pursuant to WAC 478-121-130.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-235, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-237 Emergency authority of the university.

If there is reasonable cause to believe that a student's conduct represents a threat to the health, safety, or welfare of the university or any member of the university community, or poses an ongoing threat of substantially disrupting or materially interfering with university activities or operations, the president, the president's delegate, the vice president for student life for the University of Washington Seattle or delegates, and the chancellors of the University of Washington Bothell and Tacoma campuses or delegates, may immediately suspend that student from participation in any or all university functions, privileges, or locations.

In such an emergency situation, the university official placing the student on emergency suspension shall issue a written order to be served upon the student describing the terms of the emergency suspension and the reasons for the emergency suspension. The order shall advise the student how to raise an objection about the emergency suspension or request that it be made less restrictive. The university may also put a conduct hold in place during the emergency suspension period.

The order shall be effective immediately. The proceeding shall then be referred to the appropriate conduct office and the proceeding shall proceed as quickly as feasible. The emergency suspension shall remain in effect until lifted or revised by a university official with authority to do so or until a final order is entered in the proceeding. Once a final order is entered in the proceeding, any emergency suspension shall be lifted and the sanction, if any, will be imposed.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-237, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-240 Service of notices, filings, and orders; and time limits.

Service of all university notices under this code will be sent by electronic mail (email) addressed to the party's university-issued email address. An alternative email address may be provided to the presiding officers and reviewing officer(s) in writing. Service is complete at the moment the email is sent to the email address. If there is no email on record, service may also be accomplished by personal service or by posting it in the United States mail, properly addressed, and postage prepaid. Service by mail is complete upon deposit in the United States mail.

The parties are permitted to file documents with the presiding officer or reviewing officer(s) via email or other electronic means as determined by the presiding officer or reviewing officer(s). Receipt of such documents will be determined by the date of the email. For documents that must be shared with other parties, the university will be responsible for service of such documents, as above.

In computing any period of time under this conduct code, the day of service of any order, notice, or other document is not counted. The last day of the applicable period of time is counted. If the last day of the applicable period of time falls on a Saturday, Sunday, or official state holiday (which includes the day after Thanksgiving), the period ends on the next business day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation.

The time limit for seeking administrative review of an initial order is based upon the date of service of the initial order.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-240, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-243 Participation of advisors and attorneys.

The parties to conduct proceedings may, at their own expense, be accompanied by an advisor of their choice, including an attorney, throughout the conduct proceedings. In a brief adjudicative proceeding, an advisor may provide support and advice, but an advisor may not speak on behalf of the student or disrupt or interfere with any aspect of the brief adjudicative proceeding, as determined by the conduct officer. In a full adjudicative proceeding, including any prehearing matters, if the party's advisor is an attorney, the attorney may advise and represent the party, but the advisor may not disrupt or interfere with any aspect of the proceeding, as determined by the hearing officer. For additional guidance, see Student Governance and Policies, chapters 209 and 210.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-243, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-245 Consolidation.

If there are multiple conduct proceedings involving common issues or parties, the parties may request, or the presiding officer may decide, to consolidate the proceedings. This decision is within the sole discretion of the presiding officer.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-245, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-247 Burden of proof.

The burden of proof in conduct proceedings rests with the university.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-247, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-250 Evidence in conduct proceedings.

The following evidentiary provisions apply to conduct proceedings under this code. In applying this code, due consideration shall be given to the fact that the conduct process is administrative and not judicial in nature and that rules of evidence only apply to the extent set forth in this code or in chapter 34.05 RCW. The university has also developed agency-level guidance regarding its interpretations of these rules, including in Student Governance and Policies, chapters 209 and 210.

While brief adjudicative proceedings do not require the application of rules of evidence, the conduct officer will be guided by the principles underlying the Washington state rules of evidence when they do not conflict with the code or relevant university policies.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-250, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-253 Relevant evidence, hearsay, and character evidence.

(1) Evidence, including hearsay, is admissible if, in the judgment of the presiding officer, it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. In a full hearing, however, the hearing officer shall not base a finding exclusively on such inadmissible evidence unless the hearing officer determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the initial order.

(2) The presiding officer will determine the admissibility and relevance of all evidence, including that offered by the parties and/or witnesses, and shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may exclude from consideration evidence that is not relevant. The presiding officer may also exclude from consideration evidence that is immaterial or unduly repetitious.

(3) In general, the presiding officer will not consider statements of personal opinion or statements as to any individual's general reputation or any character trait, unless the presiding officer considers such evidence to be relevant and admissible.

(4) The presiding officer may take official notice of some material that was not offered as evidence by the parties. In full adjudicative proceedings, the process for taking official notice is set forth in RCW 34.05.452.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-253, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-255 Prior or subsequent conduct of the respondent.

Prior or subsequent conduct of the respondent may be considered in determining opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake. The presiding officer will determine the relevance and admissibility of this evidence.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-255, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-257 Prior sexual history.

The sexual history of the parties or witnesses will not be used to prove character or reputation. Evidence related to the prior sexual history of the parties or witnesses is generally not relevant to the determination of a violation of this code and will be considered only in limited circumstances. The presiding officer will determine the relevance of this evidence.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-257, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-260 Experts.

Consistent with RCW 34.05.452(5), presiding officers may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation. This information will be summarized in the initial order.

Generally, results of polygraph examinations are not considered relevant, even if offered voluntarily.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-260, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-263 Self-incriminating evidence.

No student shall be compelled to give self-incriminating evidence and a negative inference will not be drawn from a refusal to participate at any stage of the conduct proceeding. The presiding officer may, however, continue with the conduct proceeding and reach a finding based on other available and admissible evidence.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-263, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-265 Criminal conviction.

The presiding officer may accept a conviction of a crime under any federal, state, or local law as the evidentiary basis for establishing prohibited conduct under this code when the elements of that crime establish prohibited conduct under this code that adversely affects a university interest.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-265, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-300 Brief adjudicative proceedings—Notice of conduct proceeding and investigative interview.

The conduct officer will provide notice to the parties, in writing, of the commencement of conduct proceedings, which will include information on how to petition for disqualification of the conduct officer.

The conduct officer will also schedule an investigative interview with the respondent as part of the fact-finding process.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-300, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-305 Brief adjudicative proceedings—Fact finding.

Before taking action in a brief adjudication proceeding, the conduct officer shall give each party an opportunity to be informed of the agency's view of the matter and to explain the party's view of the matter. This process includes, without limitation, conducting fact finding and providing the parties with the opportunity to participate in the conduct proceeding by explaining the process to the parties and allowing them to review the allegations, provide evidence, identify witnesses with relevant knowledge, respond to evidence provided by others, and provide the conduct officer with suggested questions for others (collectively, "fact finding").

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-305, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-310 Brief adjudicative proceedings—Standard of proof.

The applicable standard of proof is the "preponderance of evidence" standard. This means that, in order for a respondent to be held responsible for a violation of this conduct code, the conduct officer must conclude, based on all of the evidence in the record, that it is more likely than not that the respondent engaged in an act or acts of conduct prohibited by this code.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-310, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-315 Brief adjudicative proceedings—Initial order.

At the conclusion of the fact finding, the conduct officer will prepare an initial order. If the respondent is found responsible, the conduct officer will impose a sanction. The conduct officer will serve the initial order to the parties, simultaneously and in writing. The initial order will include a brief written statement of the reasons for the decision and an explanation of how to request administrative review of the initial order and the time frame to do so.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-315, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-320 Brief adjudicative proceedings—Requesting administrative review.

A party may request administrative review of the initial order based on the grounds as set forth in WAC 478-121-325.

A request for administrative review must be submitted in writing to the conduct officer within twenty-one days of the date of service of the initial order. The party requesting the review will be provided with an opportunity to explain the reasons for seeking review. If one of the grounds is to consider newly discovered evidence, that evidence must also be provided with the request for review.

If an administrative review is not requested within twenty-one days of service of the initial order, the initial order shall become the final order.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-320, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-325 Brief adjudicative proceedings—Grounds for administrative review.

A party may request administrative review for any or all of the following reasons:

(1) To determine whether there was a material error that substantially affected the outcome of the fact finding or sanctioning;

(2) To consider newly discovered evidence, not reasonably available during the fact finding, that could substantially impact the outcome;

(3) To determine whether the sanction(s) imposed were appropriate for the violation committed and were not excessively lenient or excessively severe; or

(4) To determine whether the issue and interests involved warrant a full hearing.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-325, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-330 Brief adjudicative proceedings—Notice of administrative review.

If administrative review is requested, the university will provide the parties notice, in writing, of the date the administrative review will be initiated and the identities of the reviewing officer(s) selected for the review panel. The parties will also be provided with information on how to petition for disqualification of any reviewing officer(s).

Other parties will be provided with a copy of the request for administrative review and notice of how to submit a written response. Responses must be submitted within five business days of service of the notice of administrative review.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-330, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-335 Brief adjudicative proceedings—Procedures for administrative review.

(1) When the reviewing officer(s) conducts an administrative review, the review is based on:

(a) The conduct officer's record and fact finding;

(b) Information submitted to the review panel in the request for review or response to request for review; and

(c) Newly discovered evidence, if the basis for seeking administrative review is that newly discovered evidence has become available; however the review of newly discovered evidence is limited to determining whether the newly discovered evidence warrants remanding the matter for further proceedings.

(2) Decisions by a panel of reviewing officers will be determined by majority vote.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-335, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-340 Brief adjudicative proceedings—Order from administrative review.

(1) Within twenty days after the request is submitted, the review panel will issue an order, which will include the outcome, any sanction, and a brief statement of the reasons for the outcome. All parties will receive simultaneous, written notification of the outcome of the review.

(2) The reviewing officer(s) may reach one of the following results:

(a) Conclude there is no basis for remand or alteration of sanctions, and issue a final order disposing of the proceeding;

(b) Remand for further fact finding or review if newly discovered evidence may have impacted the result or if the record demonstrates material error;

(c) Increase or reduce the sanction(s) and issue a final order, if the increased sanction does not warrant a full hearing; or

(d) Conclude whether the proceeding should be converted to a full adjudicative proceeding and, if so, take steps necessary to initiate a full hearing.

(3) If the review panel does not issue an order within twenty days after the request is submitted, the request for review is deemed to be denied.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-340, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-345 Brief adjudicative proceedings—Process following remand from administrative review or conversion.

If the proceeding is remanded or converted to a full adjudicative proceeding following administrative review, the initial order will be rescinded and the reviewing officer(s) will describe, in writing, the reasons for the remand or conversion.

Following remand, additional proceedings will be conducted as necessary to address the reasons for the remand or conversion and will be conducted in accordance with the relevant sections of this code.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-345, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-400 Notice of full hearing.

The hearing officer shall set the time and place of the full hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The notice will include information on how to petition for disqualification of the hearing officer.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-400, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-403 Prehearing conferences.

(1) Hearing officers upon their own motion or upon request of a party may direct the parties or their representatives to engage in a prehearing conference or conferences to consider:

(a) Simplification of issues;

(b) The necessity or desirability of amendments to the pleadings, if any;

(c) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;

(d) Limitations on the number and consolidation of the examination of witnesses;

(e) Procedural matters;

(f) Distribution of written testimony and exhibits to the parties prior to the hearing;

(g) Such other matters as may aid in the disposition or settlement of the proceeding.

(2) Prehearing conferences may be held by telephone conference call or at a time and place specified by hearing officers.

(3) Following prehearing conferences, hearing officers shall issue an order. Orders are effective when they are served. Hearing officers may, at their discretion, hold more than one prehearing conference and issue orders modifying any prehearing order.

(4) In any full hearing, hearing officers may, in their discretion, conduct a conference prior to the taking of testimony, or may recess the hearing for such conference, for the purpose of carrying out the purpose of this rule. Hearing officers shall state on the record the results of such conference.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-403, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-405 Discovery.

Discovery, including depositions, interrogatories, requests for production, entry onto land for inspection or other purposes, and physical and mental examinations, are not available in conduct proceedings under this code.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-405, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-407 Subpoenas.

The hearing officer may issue subpoenas. The parties may also request that the hearing officer issue subpoenas or a party's attorney of record may also issue a subpoena in whose behalf the witness is required to appear at a full hearing. The requesting party is responsible for serving the subpoena upon the witness. In the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, such testimony may be by telephone or other electronic means.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-407, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-410 Protective orders.

The hearing officer may enter protective orders, which limit the admissibility of evidence or condition it on specified criteria necessary to protect a party or a witness from annoyance, embarrassment, oppression, or undue burden or expense, or to comply with any applicable law.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-410, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-413 Pleadings, briefs, and motions.

(1) At appropriate stages of full adjudicative proceedings, the hearing officer will give all parties full opportunity to submit and respond to pleadings, motions, objections, and offers of settlement, including motions for summary judgment.

(2) At appropriate stages of full adjudicative proceedings, the hearing officer may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.

(3) The hearing officer has the discretion to decide and dispose of all issues raised in accordance with this section.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-413, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-415 Communications with hearing officer.

All communications with the hearing officer, except for communications necessary to procedural aspects of maintaining an orderly process, must be in the presence of, or with a copy to, all other parties. Ex parte communications received by the hearing officer must be placed on the record, and all other parties must be informed of the ex parte communication and given an opportunity to respond on the record.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-415, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-417 Standard of proof in full hearings.

The applicable standard of proof is the "preponderance of evidence" standard. This means that, in order for a respondent to be held responsible for prohibited conduct under the conduct code, the hearing officer must conclude, based on all of the evidence in the record, that it is more likely than not that the respondent engaged in an act or acts of prohibited conduct.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-417, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-420 Continuances.

The hearing officer has the discretion to grant postponements, continuances, extensions of time, and adjournments or upon a request of any party, if the party shows good cause.

A request for a continuance may be oral or written. If all parties do not agree to the continuance, the hearing officer may schedule a prehearing conference to receive argument or may rule on the request without argument.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-420, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-423 Testimony under oath or affirmation.

In a full hearing, all testimony of parties and witnesses shall be made under oath or affirmation.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-423, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-425 Remote participation.

At the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, all or part of any hearing, including the testimony of witnesses, may be conducted by telephone, or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place. Such measures may be taken to accommodate concerns raised by a complainant, a respondent, or any witness.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-425, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-427 Initial order from full hearing.

At the conclusion, the hearing officer will issue an initial order, which shall include all matters required by RCW 34.05.461(3). The hearing officer will serve the initial order to the parties, simultaneously and in writing. The initial order will include an explanation of how to request administrative review of the initial order and the time frame to do so.

If an administrative review is not requested within twenty-one days of service of the initial order, the initial order shall become the final order.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-427, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-430 Requesting administrative review from a full hearing.

A party may request administrative review of the initial order from a full hearing based on the grounds as set forth in WAC 478-121-433.

A request for administrative review must be submitted in writing to the hearing officer within twenty-one days of the date of the initial order. If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the request for review.

If an administrative review is not requested within twenty-one days the initial order shall become the final order.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-430, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-433 Grounds for administrative review from a full hearing.

A party may request administrative review for any or all of the following reasons:

(1) To determine whether there was a material error that substantially affected the outcome of the fact finding or sanctioning;

(2) To consider newly discovered evidence, not reasonably available during the fact finding, that could substantially impact the outcome;

(3) To determine whether the sanction(s) imposed were appropriate for the violation committed and were not excessively lenient or excessively severe; or

(4) Any other grounds that would warrant modification, withdrawal, or reversal of the order.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-433, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-435 Notice of administrative review from a full hearing.

If administrative review is requested, the university will provide the parties notice, in writing, of the date the administrative review will be initiated and the identities of the reviewing officer(s) selected for the review panel. The parties will also be provided with information on how to petition for disqualification of any reviewing officer(s).

Other parties will be provided with a copy of the request for administrative review and notice of how to submit a written response. Responses must be submitted within five business days of service of the notice of administrative review.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-435, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-437 Procedures for administrative review from a full hearing.

(1) When the reviewing officer(s) conducts an administrative review, the reviewing officer(s) shall:

(a) Personally consider the whole record or such portions of it as may be cited by the parties;

(b) Exercise all the decision-making power that the reviewing officer would have had to decide and enter the final order had the reviewing officer presided over the hearing, except to the extent that the issues subject to review are limited by a provision of law or by the reviewing officer(s) upon notice to all the parties;

(c) Afford each party an opportunity to present written argument and may afford each party an opportunity to present oral argument to explain the party's position but any such argument shall not be considered as evidence;

(d) Review information submitted to the review panel in the request for review or response to request for review; and

(e) Review newly discovered evidence, if the basis for seeking administrative review is that newly discovered evidence has become available; however the review of newly discovered evidence is limited to determining whether the newly discovered evidence warrants remanding the matter for further proceedings.

(2) In reviewing findings of fact by presiding officers, the reviewing officers shall give due regard to the presiding officers' opportunity to observe the witnesses.

(3) Decisions by a panel of reviewing officers will be determined by majority vote.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-437, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-440 Communications with reviewing officers.

All communications with reviewing officers, except for communications necessary to procedural aspects of maintaining an orderly process, must be in the presence of, or with a copy to, all other parties. Ex parte communications received by reviewing officers must be placed on the record, and all other parties must be informed of the ex parte communication and given an opportunity to respond on the record.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-440, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-443 Order from administrative review of a full hearing.

(1) Within thirty calendar days of receipt of all response(s) submitted by the parties or oral argument, if any, whichever is later, the reviewing officer(s) will issue an order, which will include the outcome, any sanction, and a brief statement of the reasons for the outcome. All parties will receive simultaneous, written notification of the outcome of the review.

(2) The reviewing officer(s) may reach one of the following results:

(a) Conclude there is no basis for remand or alteration of sanctions, and issue a final order disposing of the proceeding;

(b) Remand for further fact finding or review if newly discovered evidence may have impacted the result or if the record demonstrates material error with instructions to the presiding officer who entered the initial order;

(c) Increase or reduce the sanction(s), and issue a final order disposing of the proceeding; or

(d) Issue a final order disposing of the proceeding or remand the matter for further proceedings on any other grounds that would warrant modification, withdrawal, or reversal of the order, with instructions to the presiding officer who entered the initial order.

(3) When issuing orders under this section, the order shall include, or incorporate by reference to the initial order, all matters required by RCW 34.05.461(3).

(4) The reviewing officer(s) will serve the order to the parties, simultaneously and in writing.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-443, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-445 Process following remand from administrative review of a full hearing.

(1) If the proceeding is remanded, the initial order will be rescinded and the reviewing officer(s) will describe, in writing, the reasons for the remand. Following remand, additional proceedings will be conducted as necessary to address the reasons for the remand.

(2) At the conclusion, the hearing officer will issue an initial order, which shall include all matters required by RCW 34.05.461(3). The hearing officer will serve the initial order to the parties, simultaneously and in writing. The initial order will include an explanation of how to request administrative review of the initial order and the time frame to do so.

(3) If an administrative review is not requested within twenty-one days of service of the initial order, the initial order shall become the final order.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-445, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-447 Reconsideration of final orders.

Within ten days of the service of a final order or within ten days of the date an initial order becomes a final order, any party may file a request for reconsideration. The request shall be directed to the officer(s) who issued the final order and state in writing specific reasons for the request. Upon receipt, the officer(s) shall promptly serve all other parties with a copy of the request for reconsideration.

Unless the request for reconsideration is automatically deemed to have been denied under WAC 478-121-450, the request shall be disposed of by the officer(s) who issued the final order, if reasonably available. The disposition shall be in the form of a written order denying the request, granting the request and dissolving or modifying the final order, or granting the request and setting the matter for further hearing.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-447, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-450 Denial of request for reconsideration.

The request for reconsideration is automatically deemed to have been denied if, within twenty days from the date the request for reconsideration is timely submitted, the officer(s) who issued the final order does not either:

(1) Dispose of the request; or

(2) Serve the parties with a written notice specifying the date by which the request will be acted upon.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-450, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-453 Privacy in full hearings.

(1) In accord with the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99) (FERPA), all meetings or reviews conducted under this code generally will be held in closed session out of respect for the privacy of all the students involved.

(2) In a full hearing, the hearing officer may close parts of a hearing under any provision of law expressly authorizing closure or under a protective order entered by the hearing officer pursuant to applicable rules and the hearing officer may order the exclusion of witnesses upon a showing of good cause.

(3) Students may, at their sole discretion, waive their rights under FERPA in writing. The scope of any FERPA waiver and any protective order entered by the hearing officer will determine who can have access to information that would otherwise be protected from disclosure by FERPA, including without limitation who can be present at any hearing held in a full adjudicative proceeding under this code. If the hearing is open to public observation, the presiding officer shall conduct the hearing in a room that will accommodate a reasonable number of observers. The hearing officer may issue a protective order to exclude from the hearing any persons who are disruptive of the proceedings and may limit the number and activities of the observers as necessary to protect the safety of the participants and observers and to assure a fair hearing.

(4) To ensure the privacy of all students involved, no cameras or recording devices shall be permitted except for the official recording by the university; however, if FERPA or other federal or state law implicated by RCW 34.05.040 does not preclude it, then any party, at the party's expense, may cause a reporter approved by the agency to prepare a transcript from the agency's record, or cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption. If a party intends to make a recording of the proceeding, the party shall advise the hearing officer prior to the prehearing conference so that any issues related to making an additional recording can be addressed prior to the full hearing.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-453, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-500 General recordkeeping.

Records related to conduct proceedings shall be maintained consistent with RCW 34.05.476 and 34.05.494, university records retention policies, and other relevant policies.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-500, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-510 Disciplinary record.

Any final order resulting from conduct proceedings shall become a part of the respondent's disciplinary record. Student disciplinary records are "education records" as defined by FERPA and may only be disclosed consistent with FERPA and chapter 478-140 WAC.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-121-510, filed 7/14/17, effective 8/18/17.

Wash. Admin. Code § 478-121-600 Scope of Part VII.

The United States Department of Education federal regulations, 34 C.F.R. Part 106, establish a definition of "sexual harassment" that includes all of the prohibited conduct listed under WAC 478-121-605 (Department of Education federal regulations prohibited conduct or EDFR prohibited conduct). The conduct listed under WAC 478-121-605 is prohibited conduct under this code and is subject to the procedures set forth under Part VII of this code if, and only if:

(1) The EDFR prohibited conduct occurs in a university education program or activity; and

(2) The EDFR prohibited conduct is against a person in the United States.

EDFR prohibited conduct that does not meet both of these requirements or is reported by a person who is not eligible to file a formal complaint under WAC 478-121-625 is subject to Parts II through V of this code.

For the purposes of Part VII of this code, "education program or activity" includes locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the EDFR prohibited conduct occurred and also includes any building owned or controlled by a recognized student organization. Part VII only applies to formal complaints made on or after August 14, 2020, and only when 34 C.F.R. Part 106 is deemed enforceable by law and/or by United States courts.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-600, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-605 Department of Education federal regulations prohibited conduct (sexual harassment).

Department of Education federal regulations (EDFR) define "sexual harassment" as conduct on the basis of sex that satisfies one or more of the following, which are referred to collectively under this code as "EDFR prohibited conduct":

(1) EDFR hostile environment sexual harassment. EDFR hostile environment sexual harassment is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university's education program or activity.

(2) EDFR sexual assault. EDFR sexual assault includes a sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Specifically, EDFR sexual assault means one or more of the following:

(a) The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.

(b) The oral or anal sexual intercourse with a complainant, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

(c) The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of a complainant, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

(d) The touching of the private body parts of a complainant (e.g., buttocks, groin, breasts) for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

(e) Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Washington law.

(f) Sexual intercourse with a person who is under the statutory age of consent of Washington.

(3) EDFR dating violence. EDFR dating violence is an act or acts of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be determined based on the length and type of relationship as well as the frequency of interaction between the individuals involved in the relationship.

(4) EDFR domestic violence. EDFR domestic violence is an act or acts of violence committed by a current or former intimate partner of the complainant, by a person with whom the complainant shares a child in common, or by a person who is cohabitating with or has cohabitated with the complainant as an intimate partner.

(5) EDFR stalking. EDFR stalking is engaging in a course of conduct directed at a complainant that would cause a reasonable person to fear for the complainant's safety or the safety of others, including the safety of the respondent, or would cause a reasonable person to suffer substantial emotional distress.

(a) For the purposes of this section, "course of conduct" means two or more acts including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Stalking also includes cyberstalking such as through electronic media, the internet, social networks, blogs, cell phones, or text messages.

(b) For the purposes of this section, "substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-605, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-610 Consent for purposes of EDFR prohibited conduct.

Consent means that at the time of and throughout the sexual contact, there are words or conduct that reasonably communicate freely given agreement between or among the persons engaging in the sexual contact.

(1) Consistent with WAC 478-121-150, consent cannot be obtained when force or threat is used to gain consent; consent cannot be obtained where the respondent knew or reasonably should have known the complainant was incapacitated; and consent cannot be given or granted by a person who is under the statutory age of consent in accordance with the criminal code of Washington, chapter 9A.44 RCW, Sex offenses. A respondent's use of alcohol or drugs is not a valid defense to a charge of EDFR sexual assault, and a respondent will be held to the standard of a reasonable sober person in evaluating whether the respondent knew or reasonably should have known the complainant was incapacitated.

(2) For the purposes of determining whether consent was present:

(a) Consent cannot solely be inferred from silence, passivity, or a lack of resistance, and relying on nonverbal communication alone may violate the code;

(b) Consent cannot be inferred merely from an existing or previous dating or sexual relationship;

(c) Even in the context of a relationship, there must be mutual consent to engage in sexual contact;

(d) Past consent alone is not sufficient to imply future consent;

(e) Consent given to one person does not constitute consent given to another person;

(f) Consent to one sexual act does not constitute consent to other sexual acts; and

(g) Consent can be withdrawn at any time, and once consent is withdrawn and reasonably communicated, sexual contact must stop immediately.

(3) As used in the definition of consent, incapacity means an individual lacks the ability to understand the facts, nature, extent, or implications of the sexual contact for any reason including, but not limited to, being asleep, unconscious, unaware that the sexual contact is occurring, mentally or physically impaired due to an intellectual or other disability, or mentally or physically incapacitated due to the effects of alcohol or other drugs.

(a) When assessing whether the respondent "knew or reasonably should have known" the complainant was incapacitated, indicators of incapacitation include, but are not limited to, stumbling, falling down, an inability to stand or walk on the complainant's own, slurred speech or incoherent communication, an inability to focus the complainant's eyes or confusion about what is happening around the complainant, combativeness, emotional volatility, incontinence, passing out, or vomiting.

(b) A failure to exhibit any of these behaviors, however, does not necessarily mean that a person is capable of giving consent or is not incapacitated.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-610, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-615 Additional definitions.

For the purposes of Part VII of this code and where a respondent is charged with prohibited conduct defined under WAC 478-121-605:

(1) Complainant. Complainant is an individual who is alleged to be the victim of conduct that could constitute EDFR prohibited conduct.

(2) Formal complaint. Formal complaint is a document filed by a complainant or signed by the university's Title IX coordinator alleging EDFR prohibited conduct against a respondent and requesting that the university investigate the allegation of EDFR prohibited conduct. When filed by a complainant, the formal complaint must contain the complainant's physical or digital signature or otherwise indicate that the complainant is the person filing the formal complaint.

(3) Hearing advisor. Hearing advisor refers to the person who may accompany a complainant or respondent to any part of the investigation or hearing outlined in Part VII of this code. At a hearing, a complainant and a respondent must have a hearing advisor to conduct oral cross-examination on that party's behalf. This hearing advisor may or may not be an attorney, as defined in WAC 478-121-050(1). If a party does not choose a hearing advisor prior to a hearing, the university will provide a hearing advisor of the university's choice to conduct cross-examination on behalf of the party at the hearing. One hearing advisor and one support advisor are the only persons a party is permitted to bring with them to any part of the investigation or hearing. Hearing advisors and support advisors may be referred to collectively as "advisors."

(4) Hearing officer. Hearing officer is the individual delegated authority by the university to preside over the hearing and act as the decision-maker to reach a determination about responsibility. The hearing officer may simultaneously preside over a hearing under this Part VII of this code and a full adjudicative proceeding, consistent with WAC 478-121-400 through 478-121-427.

(5) Investigator(s). Investigator is an individual delegated authority by the university to provide written notification of a formal complaint, interview witnesses, gather documentation, and prepare the investigative report.

(6) Party or parties. Party or parties refers to a complainant and/or respondent.

(7) Respondent. Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute EDFR prohibited conduct. A respondent must be a student as defined in WAC 478-121-050(14).

(8) Support advisor. Support advisor refers to a person who may accompany a party to any part of the investigation or hearing outlined in this Part VII of this code. If a party has both a support advisor and hearing advisor, the support advisor's ability to communicate with the hearing officer and other party and the other party's advisors at a hearing will be limited. One support advisor and one hearing advisor are the only persons a party is permitted to bring with them to any part of the investigation or hearing. Support advisors and hearing advisors may be referred to collectively as "advisors."

(9) Supportive measure. Supportive measures are nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures are designed to restore or preserve equal access to the university's education programs and activities without unreasonably burdening the respondent, including measures designed to deter EDFR prohibited conduct or protect the safety of all parties or the university's educational environment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-615, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-620 Reporting EDFR prohibited conduct.

(1) Any person may report EDFR prohibited conduct in person, by mail, by telephone, or by electronic mail, using the contact information listed on the website for the university's Title IX coordinator, or designee, or by any other means that results in the Title IX coordinator receiving the person's verbal or written report. The person reporting may, but need not, be the person alleged to be the victim of conduct that could constitute EDFR prohibited conduct.

(2) Upon receipt of a report as provided under subsection (1) of this section, the Title IX coordinator, or designee, will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant's wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-620, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-625 Formal complaint.

(1) Only a complainant or the university's Title IX coordinator may file a formal complaint. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in a university education program or activity. The authority to initiate conduct proceedings provisions outlined in WAC 478-121-215 (1) and (2) do not apply to Part VII of this code.

(2) A complainant may file a formal complaint with the Title IX coordinator or designee in person, by mail, or by electronic mail at the address provided on the Title IX coordinator's website.

(3) Upon receipt of a formal complaint, the university will, at a minimum, provide the following written notice to the known parties:

(a) The allegations potentially constituting EDFR prohibited conduct, including the identities of the parties involved in the incident, if known, the conduct allegedly constituting EDFR prohibited conduct, and the date and location of the alleged incident, if known;

(b) Information regarding the university's grievance process for formal complaints, including the parties' right to be accompanied by a hearing advisor and support advisor and to inspect and review evidence; and

(c) An explanation regarding presumptions regarding nonresponsibility and good-faith filing.

(4) The university may consolidate formal complaints where allegations of EDFR prohibited conduct arise out of the same facts or circumstances. The university may also join or consolidate any complaint alleging prohibited conduct under Part II of this code with a formal complaint if the allegations arise out of or relate to the same facts or circumstances. Should the university consolidate a formal complaint under Part VII with allegations of prohibited conduct under Part II, the university may elect to hold one hearing to consider all allegations. During such a hearing, the university may adhere to the process described in Parts II through V to the extent feasible for allegations of prohibited conduct outlined in Part II and to the process described in Part VII for allegations of EDFR prohibited conduct. Where these processes conflict, Part VII will be followed.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-625, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-630 Dismissal of a formal complaint.

(1) Mandatory dismissal. In accordance with the Department of Education federal regulations, the university will dismiss a formal complaint for purposes of Title IX and its implementing regulations if the alleged conduct:

(a) Would not constitute EDFR prohibited conduct even if proved;

(b) Did not occur in the university's education program or activity;

(c) Did not occur against a person in the United States; or

(d) Was alleged by or in respect to a complainant who is not participating in or attempting to participate in a university education program or activity.

If dismissal occurs under this subsection (1) of this section, the university may pursue a conduct proceeding under other parts of this code.

(2) Discretionary dismissal. The university may dismiss the formal complaint, or any allegations therein, for the purposes of Title IX and its implementing regulations, if at any time during the investigation or hearing:

(a) A complainant notifies the university's Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any specific allegations in the formal complaint;

(b) The respondent is no longer an enrolled university student; or

(c) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or any allegations made in the formal complaint.

(3) Notice. Upon a dismissal required or permitted under this section, the university will promptly send written notice of the dismissal and reason(s) therefore simultaneously to the parties.

(4) Consequences of dismissal. Dismissal of a formal complaint does not preclude the university from investigating alleged misconduct under Part II or adjudicating such alleged misconduct under Parts III through V of this code.

(5) Appeal. If the university dismisses a formal complaint, the parties have a right to appeal, as described in WAC 478-121-635.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-630, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-635 Appeal from a dismissal of a formal complaint.

(1) A party may appeal a dismissal of a formal complaint or dismissal of any allegations in a formal complaint on any of the following bases:

(a) Procedural irregularity affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the dismissal was made; and/or

(c) A university official involved in the dismissal of the formal complaint had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome of the matter.

If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the appeal.

(2) An appeal must be submitted in writing to the investigator within five business days of the notice of dismissal of formal complaint. The appeal is the party's opportunity to provide the party's position regarding why the appeal should be granted, and it must identify at least one of the grounds outlined in subsection (1) of this section.

(3) When an appeal is received, the university will:

(a) Notify both parties in writing that the appeal was received, of the name of the individual(s) who will be deciding the outcome of the appeal, and when the nonappealing party's response is due;

(b) Provide the nonappealing party an opportunity to submit a written statement within five business days of receipt of notice of the appeal. This is the nonappealing party's opportunity to respond to the appeal;

(c) Consider the available evidence, which may include, but is not limited to, any summaries of interviews conducted by the investigator, evidence gathered by or provided to the investigator, and/or any newly discovered evidence;

(d) Issue a written decision describing the result of the appeal and rationale for such result; and

(e) Provide the written decision simultaneously to both parties.

(4) Communications with the individual(s) deciding the appeal, except for communications related to procedural aspects of maintaining an orderly process, must be made in the presence of, or with a copy to, all other parties, advisors (if any), and the investigator(s). Any communications not following such a procedure will be placed on the record, and others will be given an opportunity to respond.

(5) Appeals of a dismissal of a formal complaint may be decided by a single individual, and such appeals will be decided within five business days of the deadline for the nonappealing party's response.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-635, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-640 Informal resolution.

If a formal complaint has been filed and parties have received notice of the allegations, the university may facilitate an informal resolution process consistent with RCW 34.05.060. Parties will be informed of the informal resolution process, including circumstances where the parties would be precluded from resuming a formal complaint based on the same allegations. Before an informal resolution process can proceed, both parties must provide voluntary, written consent to the process. A party has the right to withdraw from an informal resolution process at any time prior to agreeing to a resolution. If a party withdraws from such informal resolution process, the investigation or adjudication process resumes.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-640, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-645 Emergency removal.

The university may remove a respondent from the university's educational programs or activities on an emergency basis pursuant to WAC 478-121-237. Such emergency removal must be based on a belief the alleged EDFR prohibited conduct poses an immediate threat to the physical health, safety, or welfare of any student or other individual(s).

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-645, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-650 Investigation.

(1) After a formal complaint is filed, the university will commence an investigation. Throughout the investigative process, including meetings with an investigator, a party may be accompanied by a hearing advisor and/or a support advisor. During the investigation, a party's hearing advisor and/or support advisor may provide advice to the party but may not speak on behalf of the party. The initial interview of a respondent will be scheduled to allow time for the respondent to prepare a response following receipt of the notice of formal complaint.

(2) During an investigation, parties may present witnesses as well as other inculpatory and exculpatory evidence for the investigator to consider. Parties will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint so that each party may meaningfully respond to the evidence prior to the conclusion of the investigation.

(3) Prior to completion of the investigative report, the university will send to each party and the party's advisors, if any, the evidence subject to inspection and review. The parties will have at least ten calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(4) At least ten calendar days prior to the hearing, the investigator will provide the parties with the final investigative report and all evidence gathered during the investigation. The final investigative report and all evidence related to the allegations will be included in the record for the hearing.

(5) No later than at the conclusion of the investigation, the investigator will notify the hearing officer that it is appropriate to commence a hearing to consider the allegations contained in the formal complaint. Such notification is consistent with a conversion to full adjudicative proceeding, as described in WAC 478-121-205, and consistent with RCW 34.05.413 through 34.05.476.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-650, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-655 Hearings.

(1) The hearing officer, or designee, will set the time and place of the hearing and give ten or more calendar days' notice to all parties and the investigator. At the hearing officer's discretion, any or all parties, witnesses, and other participants, such as advisors and investigator(s), may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(2) Communications with the hearing officer, except for communications related to procedural aspects of maintaining an orderly process, must be made in the presence of, or with a copy to, all other parties, advisors (if any), and the investigator(s). Any communications not following such a procedure will be placed on the record, and other parties, hearing advisor(s), or investigator(s) will be given an opportunity to respond.

(3) Prior to the hearing, the hearing officer, upon a self-initiated motion or upon request of the parties, may request that the parties, advisors (if any), and the investigator(s) engage in a meeting or meetings to consider:

(a) Simplification of issues;

(b) Necessity of amending notices, if any;

(c) The possibility of obtaining stipulations;

(d) Limitations on the number of witnesses and/or which witnesses will testify at the hearing;

(e) Procedural matters; and/or

(f) Other matters that may aid in the disposition or settlement of the proceeding.

If such a prehearing meeting(s) is held, it may occur in person, by telephone conference, or by other technological means as determined by the hearing officer or designee. Further, if such a prehearing meeting(s) occurs, the hearing officer will issue, in writing, determinations regarding the issues discussed at the meeting(s). The determinations will be effective when served on the parties and advisors.

(4) At appropriate stages, the hearing officer will give parties reasonable opportunity to submit and respond to requests, such as pleadings, motions, and objections.

(5) The hearing officer has the discretion to grant postponements, continuances, extensions of time, and/or adjournment if good cause is shown.

(6) The applicable standard of proof is the "preponderance of evidence" standard. This means that, in order for a respondent to be held responsible for EDFR prohibited conduct as defined in WAC 478-121-605, the hearing officer must conclude, based on all of the evidence in the record, that it is more likely than not that the respondent engaged in an act or acts of EDFR prohibited conduct. The parties will be provided equal opportunity to present witnesses and other inculpatory and exculpatory evidence.

(7) During a hearing, all testimony of parties and witnesses shall be made under oath or affirmation. The hearing officer will permit each party's hearing advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination will be conducted directly, orally, and in real-time. Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. If a hearing advisor is disruptive or interferes with any aspect of the proceeding, as determined by the hearing officer, the hearing advisor may be removed and a new hearing advisor made available to the party.

(8) The university will create an audio, audiovisual, or transcribed recording of the hearing. Upon request to the hearing office or as may otherwise be required under Part VII of this code, the university will make the recording available to the parties for inspection and review.

(9) Hearings will be conducted in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99) except to the extent preempted by 34 C.F.R. Part 106.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-655, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-660 Determination regarding responsibility.

(1) Following a hearing, the hearing officer will apply the preponderance of the evidence standard described in WAC 478-121-655(6) and issue a written determination regarding responsibility in accordance with RCW 34.05.461, which will be simultaneously served on the parties. The written determination will include:

(a) Identification of the allegations as defined in WAC 478-121-605;

(b) A description of procedural steps taken from receipt of the formal complaint through the determination;

(c) Findings of fact supporting the hearing officer's determination;

(d) Conclusions regarding the application of Part VII of this code to the facts and the rationale for those conclusions; and

(e) Directions as to any sanctions imposed on the respondent or remedies provided to the complainant.

(2) One or more of the disciplinary sanctions outlined in WAC 478-121-210 may be imposed for any violation of EDFR prohibited conduct. In determining an appropriate sanction, if any, the hearing officer may consider the factors contained in WAC 478-121-210 (2) and (3), which are incorporated herein by this reference. Remedies for the complainant may be the same as the individualized services that comprise supportive measures or may be effectuated via sanctions impacting the respondent.

(3) The hearing officer must provide the written determination to the parties simultaneously and include the university's procedures for the parties to appeal. The determination regarding responsibility and any applicable sanction imposed becomes final and effective either on the date that the university provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-660, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-665 Appeal from determination regarding responsibility.

(1) A party may appeal a determination of responsibility on any of the following bases:

(a) Procedural irregularity affected the outcome of the matter;

(b) A material error substantially affected the outcome of the fact finding or sanctioning;

(c) New evidence that was not reasonably available at the time the determination regarding responsibility and/or dismissal was made could affect the outcome of the matter; and/or

(d) A university official involved in the formal complaint investigation or adjudication had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome of the matter.

If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the appeal.

(2) An appeal must be submitted in writing to the hearing officer within twenty-one calendar days of service of the determination of responsibility. The appeal is the party's opportunity to provide the party's position regarding why the appeal should be granted, and it must identify at least one of the grounds outlined in subsection (1) of this section.

(3) When an appeal is received, the university will:

(a) Notify both parties in writing that the appeal was received; of the name of the individual(s) who will be deciding the outcome of the appeal; and when the nonappealing party's response is due;

(b) Provide the nonappealing party an opportunity to submit a written statement within twenty-one calendar days of receipt of notice of the appeal. This is the nonappealing party's opportunity to respond to the appeal;

(c) Consider the available evidence, which may include, but is not limited to, the transcript of the hearing, any summaries of interviews conducted by the investigator, evidence gathered by or provided to the investigator, the investigative report, decisions related to the hearing, the recording of the hearing, the written determination of responsibility, the appeal and/or response to the appeal, and/or any newly discovered evidence;

(d) Issue a written decision describing the result of the appeal and rationale for such result; and

(e) Provide the written decision simultaneously to both parties.

(4) Communications with the individual(s) deciding the appeal, except for communications related to procedural aspects of maintaining an orderly process, must be made in the presence of, or with a copy to, all other parties, advisors, the investigator(s), and the hearing officer. Any communications not following such a procedure will be placed on the record, and others will be given an opportunity to respond.

(5) Appeals of a determination regarding responsibility will be made by a panel consisting of an odd number of members, and such appeals will be decided within thirty calendar days of the deadline for the nonappealing party's response. The panel will be managed by a nonvoting individual who may be the review coordinator as defined in WAC 478-121-050(11). The panel may include reviewing officers, as defined by WAC 478-121-050(13), and may decide appeals of determinations of responsibility regarding EDFR prohibited conduct under Part VII or initial orders regarding prohibited conduct under Part II of this code.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-665, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-670 Service and time—Subpoenas—No discovery.

(1) Service of all university notices will be sent by electronic mail (email) addressed to the parties' university-issued email addresses unless either party provides an alternative and preferred email address. Parties are permitted to file documents, provide evidence, and respond to investigators, the hearing officer, or other individuals responsible for appeals via email. Service is complete at the moment the email is sent to the email addresses.

(2) In computing any period of time prescribed or allowed under Part VII of this code, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. Legal holidays are prescribed in RCW 1.16.050. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A "business day" is any Monday, Tuesday, Wednesday, Thursday, or Friday that is not a legal holiday. A "calendar day" is any day of the week, Monday through Sunday, including legal holidays.

(3) Typically, the period from commencement of a proceeding conducted under Part VII of this code to the issuance of the investigative report, inclusive of the time parties may review the draft report and provide feedback will not exceed eighteen weeks. The period from issuance of an investigative report to the date of the hearing will not exceed seven weeks. Finally, the period from the hearing to the determination of responsibility, inclusive of the time frames required by the Department of Education federal regulations in light of those required to comply with state law for any appeal, will not exceed twenty-two weeks. Investigators and the hearing officer, or designee(s), will notify the parties in writing of any delay in the proceedings and the cause for such delay. Delays are permissible for good cause, which may include, and not be limited to, the absence or unavailability of a party or witness, scheduling conflicts, concurrent law enforcement activity, holidays, or academic calendar breaks.

(4) The hearing officer may issue subpoenas. The parties may also request that the hearing officer issue subpoenas or a party's attorney of record may also issue a subpoena on whose behalf the witness is required to appear at a hearing. The requesting party is responsible for serving the subpoena upon the witness.

(5) Discovery, including depositions, interrogatories, requests for production, entry onto land for inspection or other purposes, and physical and mental examinations, is not available in conduct proceedings under this code.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-670, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-675 Evidence.

(1) The hearing officer may not draw an inference about determination regarding responsibility based solely on a party's or witness's absence from the hearing or refusal to answer questions or submit to cross-examination. This subsection does not apply to allegations of prohibited conduct under Part II of this code, WAC 478-121-103 through 478-121-173.

(2) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions or evidence about a party's sexual behavior are offered to prove that someone other than the respondent committed the sexual conduct alleged by the complainant or such questions or evidence concern specific incidents of the parties' prior sexual behavior and such information is relevant to determine the presence or absence of consent.

(3) Except as otherwise provided in this section, evidence may be considered if, in the judgment of the hearing officer, it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of such reasonably prudent person's affairs. The relevance of evidence will be determined by the hearing officer at a hearing. The hearing officer may exclude from consideration evidence that is not relevant. Statements of personal opinion or general reputation about a party or witness are generally not considered to be relevant. Evidence that is duplicative of other evidence is generally not considered to be relevant.

(4) An investigator or hearing officer may not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has voluntarily waived the privilege in writing. An investigator or hearing officer also may not access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the recipient obtains that party's voluntary, written consent.

History

• Statutory Authority: RCW 28B.20.130. WSR 22-01-188, § 478-121-675, filed 12/20/21, effective 1/20/22. Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-675, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-680 Disqualification.

(1) Any person designated by the university as an investigator, hearing officer, or Title IX coordinator, or to determine an appeal or facilitate an informal resolution process shall self-recuse if this person discovers a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent or otherwise cannot act impartially.

(2) A party shall promptly petition for the disqualification of an individual described in subsection (1) of this section upon receiving notice of a formal complaint or upon discovering facts establishing grounds for disqualification. Such petition must be in writing and delivered to the person whose disqualification is requested, with copies of the petition delivered simultaneously to other known parties and any person known to be designated by the university as an investigator, hearing officer, or Title IX coordinator, or to determine an appeal or facilitate an informal resolution process.

(3) The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. If the individual whose disqualification is requested does not self-disqualify, the party may cite such failure for disqualification as a reason to appeal a dismissal or determination of responsibility. If the individual whose disqualification is requested self-disqualifies, an appropriate individual will be substituted for the disqualified individual's role in the investigation, hearing, appeal, or informal resolution process.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-680, filed 3/11/21, effective 4/11/21.

Wash. Admin. Code § 478-121-685 General record keeping.

Records related to proceedings under Part VII of this code shall be maintained consistent with RCW 34.05.476 and 34.05.494, university records retention policies, and other relevant policies, rules, and regulations. If federal regulations under 34 C.F.R. Part 106 differ from Washington state law requirements or university policies, rules, or regulations, records will be maintained in accord with the more stringent standard.

History

• Statutory Authority: RCW 28B.20.130 and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-685, filed 3/11/21, effective 4/11/21.

Chapter 478-124 General conduct code for the University of Washington.

Wash. Admin. Code § 478-124-010 Conduct on campus code—General policy.

It is the policy of the University of Washington to support and promote each individual's right to express his views and opinions for or against actions or ideas in which he has an interest, to associate freely with others, and to assemble peacefully.

The above rights exist in equal measure for each member of the university community. They exist regardless of the professional stature or rank of the individual and regardless of the degree of acceptability among others of the views or opinions advocated.

History

• Order 72-7, § 478-124-010, filed 11/30/72.

Wash. Admin. Code § 478-124-020 Conduct on campus code—Prohibited conduct.

(1) In order to safeguard the right of every citizen to criticize and to seek meaningful change, each individual has an obligation to respect the rights of all members of the university community.

(2) In order to assure those rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its special contribution to society, the following types of conduct are hereby prohibited on or in property either owned, controlled or operated by the university which is used or set aside for university purposes, hereinafter referred to as the university campus:

(a) Conduct which intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the university campus;

(b) Physical abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on the university campus;

(c) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on the university campus;

(d) Refusal to comply with any lawful order to leave the university campus or any portion thereof;

(e) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the university campus, except for authorized university purposes, unless prior written approval has been obtained from the university chief of police, or any other person designated by the president of the university;

(f) The possession, use, distribution, or manufacture of controlled substances (as defined in chapter 69.50 RCW or Title 21 U.S.C. Sec. 802), or of alcohol, on the university campus or during university-sponsored activities, where such possession, use, distribution, or manufacture is illegal under federal, state, or local law;

(g) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is that advocacy which prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 13-14-002, § 478-124-020, filed 6/19/13, effective 7/20/13. Statutory Authority: RCW 28B.20.130. WSR 07-03-069, § 478-124-020, filed 1/17/07, effective 2/17/07
• WSR 91-10-030, § 478-124-020, filed 4/24/91, effective 5/25/91
• Order 72-7, § 478-124-020, filed 11/30/72.

Wash. Admin. Code § 478-124-030 Conduct on campus code—Sanctions.

(1) Any person while on the university campus who willfully refuses the request of a uniformed campus police officer to desist from conduct prohibited by these rules may be required by such officer to leave such premises.

(2) Disciplinary action which may result in dismissal from the university will be initiated against faculty, staff, or students who violate these rules, in accordance with the applicable disciplinary codes or other appropriate due process procedures.

(3) Sanctions which may be imposed against faculty are set forth in the Faculty Code, Chapter 25, Sections 25-51 and 25-71.

(4) Sanctions which may be imposed against students are set forth in WAC 478-121-210.

(5) Sanctions which may be imposed against the classified staff are set forth in the relevant University of Washington labor contract for contract-classified staff, and in Title 357 WAC and applicable university policy for classified nonunion staff.

(6) Sanctions which may be imposed against the professional staff are set forth in the University of Washington Professional Staff Program.

(7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of the city, the county, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the university.

History

• Statutory Authority: RCW 28B.20.130. WSR 17-15-068, § 478-124-030, filed 7/14/17, effective 8/18/17. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-124-030, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, chapter 1. WSR 12-03-038, § 478-124-030, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.20.130. WSR 07-03-069, § 478-124-030, filed 1/17/07, effective 2/17/07
• WSR 91-10-030, § 478-124-030, filed 4/24/91, effective 5/25/91
• Order 72-7, § 478-124-030, filed 11/30/72.

Wash. Admin. Code § 478-124-035 Conduct on campus code—Anabolic steroids.

Any student found by the university to have violated chapter 69.41 RCW, which, among other things, prohibits the possession, delivery, use or sale of legend drugs, including anabolic steroids, except upon valid prescription or order of a practitioner, as defined by RCW 69.41.010(12), is subject to additional sanctions, including disqualification from participation in university-sponsored athletic events.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-124-035, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 69.41.130(1). WSR 90-24-001, § 478-124-035, filed 11/26/90, effective 12/27/90.

Wash. Admin. Code § 478-124-037 Conduct on campus code—Hazing.

All student organizations and living groups are prohibited from hazing.

(1) Hazing includes:

(a) Conduct associated with initiation or admission into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes or is likely to cause bodily danger or physical harm or serious psychological or emotional harm to any student or other person. This conduct includes, but is not limited to:

(i) Humiliation by ritual act;

(ii) Striking another person whether by use of any object or any part of one's body;

(iii) Causing someone to experience fatigue or physical and/or psychological shock;

(iv) Causing someone to engage in degrading or humiliating games or activities that create a risk of serious psychological, emotional, and/or physical harm; or

(v) Encouraging or promoting the unlawful possession, forced or coerced use, or competitive or ritualistic consumption of alcohol, drugs, or other substances.

(b) Hazing also includes conduct that is not a violation of (a) of this subsection associated with initiation or admission into a student organization or living group, or any pastime or amusement engaged in with respect to a student organization or living group, such as:

(i) Subtle hazing: Activities or situations created that emphasize a direct or indirect power imbalance between members. This includes, but is not limited to, physical or mental manipulation, or causing someone to believe that they may be required to participate in degrading or humiliating games or activities that create psychological, emotional, or physical harm;

(ii) Harassment hazing: Activities that cause confusion, frustration, or physical discomfort that are directly or indirectly required, in order to become or remain a member of the student organization or living group. This includes, but is not limited to, sleep deprivation, verbal abuse, or being expected to harass others; or

(iii) Interference hazing: Activities that do not allow reasonably adequate time for study or that otherwise unreasonably interferes with academic obligations.

(2) Hazing does not include customary athletic or cultural events or other similar contests or competitions.

(3) Consent is not a defense to hazing.

(4) Any student organization or student living group that knowingly permits hazing as defined in subsection (1)(a) of this section shall be deprived of official recognition, approval, or registration granted by the university. Any student organization or living group that knowingly permits hazing as defined in subsection (1)(b) of this section shall either be deprived of official recognition, approval, or registration or be placed on disciplinary probation for a period specified by the university.

(5) Students found responsible for violations of WAC 478-121-135 shall forfeit any entitlement to state funded grants, scholarships, or awards for a specified period of time determined by the university.

History

• Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 20-09-105, § 478-124-037, filed 4/16/20, effective 5/17/20
• WSR 96-10-051, § 478-124-037, filed 4/29/96, effective 5/30/96.

Wash. Admin. Code § 478-124-040 Conduct on campus code—Interim suspension.

(1) The president or, in his or her absence, any officer of the university designated by the president for this purpose, may impose on any student, faculty member, or staff member an interim suspension whenever there is reasonable cause to believe that such person has committed, and may reasonably be expected thereafter to commit, any of the acts prohibited herein. The notice of such suspension shall state the nature, terms and conditions of such suspension and shall include such restrictions on use of campus facilities as the president or his designee deems in the best interest of the university.

(2) Any person so placed on interim suspension shall be given prompt notice of charges and shall be given the opportunity to show cause at a preliminary hearing why such interim suspension should not continue until a formal hearing is held. To obtain such preliminary hearing, the person shall submit a written request therefor within seven days from the date interim suspension was imposed. Such written request shall state the address to which notice of hearing is to be sent. The president or, in his or her absence, any officer of the university designated by the president, shall grant such a preliminary hearing before a person or persons designated by the president not later than four days from the date of receipt of such request and shall immediately mail a written notice of the time, place, and date of such hearing to such person. The preliminary hearing shall consider only whether there is reasonable cause to believe that such person committed, and may reasonably be expected thereafter to commit, any of the acts prohibited herein.

(3) Interim suspension may be removed by the president or, in his or her absence, by any officer of the university designated by the president, whenever the president has reason to believe that the person on whom interim suspension was imposed will not constitute a substantial and material threat to the orderly operation of the university campus or endanger the health and safety of any person thereon.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-124-040, filed 8/19/14, effective 9/19/14
• Order 72-7, § 478-124-040, filed 11/30/72.

Wash. Admin. Code § 478-124-050 Severability.

If any provision or clause of these rules or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application and, to this end, the provisions of these rules are declared to be severable.

These rules are additional to any others duly promulgated by the university.

History

• Order 72-7, § 478-124-050, filed 11/30/72.

Chapter 478-128 Animal control at the University of Washington.

Wash. Admin. Code § 478-128-010 Purpose.

It is the policy of the University of Washington to secure and maintain a level of animal control that protects human health and safety, prevents animals from hindering university employees, students, and members of the public on university property, prevents property damage, and to the greatest degree practicable, prevents cruelty to animals. It is the purpose of these rules to fulfill the objectives of the above policy.

History

• Statutory Authority: RCW 28B.20.130. WSR 09-08-016, § 478-128-010, filed 3/23/09, effective 4/23/09.

Wash. Admin. Code § 478-128-020 Definitions.

"Animal" means any living creature except human beings, fish, any research animal maintained in university facilities, or natural wildlife inhabiting university property. This definition includes, among other things, pets.

"Imminent danger" means a threat to human and/or animal life or university property that is immediate or reasonably foreseeable under the circumstances.

"Organic debris" means animal feces, urine, vomit, blood, etc.

"Owner" means any person having an interest in or right of possession to an animal, or any person having control, custody, or possession of an animal.

"Running at large" means to be off the owner's residential premises and not under the owner's direct control.

"Service animal" has the same meaning as defined in RCW 49.60.040.

"Service animal in training" means a dog or miniature horse that is being trained to be a service animal, as that term is defined in RCW 49.60.040.

"University property" means property that the university owns as well as property that the university operates, leases, rents, or otherwise controls.

"Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or other university employees or agents. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs and therapy animals.

History

• Statutory Authority: RCW 28B.20.130. WSR 19-08-098, § 478-128-020, filed 4/3/19, effective 5/4/19
• WSR 09-08-016, § 478-128-020, filed 3/23/09, effective 4/23/09.

Wash. Admin. Code § 478-128-030 Animal control.

(1) All animals brought onto university property shall be subject to license and leash laws of the applicable city, county, or state jurisdiction.

(2) Except as provided in (a) through (e) of this subsection, no animals shall be allowed in any buildings or structures the university owns, operates, leases, rents, or controls.

(a) "Service animals" and "service animals in training" may be permitted consistent with university policies, and/or state and federal laws.

(b) Working animals under the control of police, security or emergency personnel, or a trained university employee may be permitted for specific functions consistent with the animal's training.

(c) Pets may be permitted in university residences for students, employees, patient's families, and the general public, consistent with housing agreements and policies established for each residence facility.

(d) The recognized university mascot, properly leashed, may be permitted at appropriate university assemblages in auditoria, ballrooms, dining areas, and at athletic events.

(e) Animals included as part of special events may be permitted, subject to guidelines established for specific university facilities and those established by the use of university facilities committee in accordance with chapters 478-136 and 478-137 WAC (for example, hosting a visiting team's animal mascot at Husky football games).

(3) Further restrictions to animals may apply to specific areas of university property, consistent with university policies and/or state and federal laws, including, but not limited to, food preparation areas, animal research facilities and grounds, medically sensitive patient and clinic areas, and biologically sensitive or hazardous research sites.

(4) No animal shall be permitted to run at large on university property. Animals that are tethered in the owner's absence and not under the owner's direct control are also considered to be "running at large."

(5) No animal shall be permitted to enter any pond, fountain, or stream located on university property.

(6) No animal which emits frequent or long-continued noise so as to disturb or disrupt normal administrative or academic routine shall be permitted on university property. Moreover, any animal that places human and/or animal life or university property in imminent danger shall be removed immediately from university property.

(7) Fecal matter or other organic debris deposited by animals must be removed immediately and properly disposed of by the animal's owner.

History

• Statutory Authority: RCW 28B.20.130. WSR 09-08-016, § 478-128-030, filed 3/23/09, effective 4/23/09.

Wash. Admin. Code § 478-128-040 Enforcement and penalties.

(1) Any animal found on university property under conditions violating any provision of this chapter shall be subject to apprehension and impoundment in accordance with the requirements of the applicable university, city, county or state rules, regulations, or laws.

(2) Owners found in violation of any provision of this chapter may be cited, banned from any university property, or otherwise fined or penalized as provided under applicable university, city, county, or state rules, regulations, or laws.

History

• Statutory Authority: RCW 28B.20.130. WSR 09-08-016, § 478-128-040, filed 3/23/09, effective 4/23/09.

Chapter 478-132 Academic calendar for the University of Washington.

Wash. Admin. Code § 478-132-010 Authority.

Pursuant to the authority granted by RCW 28B.20.130, the board of regents of the University of Washington has established the following regulations governing the university calendar.

History

• Statutory Authority: RCW 28B.20.130. WSR 00-04-038, § 478-132-010, filed 1/25/00, effective 2/25/00
• Order 72-10, § 478-132-010, filed 11/30/72.

Wash. Admin. Code § 478-132-020 Purpose.

The purpose of these regulations is to provide information about the periods of the year during which residence credit classes will be offered.

History

• Order 72-10, § 478-132-020, filed 11/30/72.

Wash. Admin. Code § 478-132-030 University calendar.

The calendar at the university consists of four quarters, which normally begin and end as follows:

(1) The autumn quarter shall begin on the last Wednesday in September and end on the twelfth Friday thereafter.

(2) The winter quarter shall begin on the first Monday after January 1 and end on the eleventh Friday thereafter. When January 1 falls on Sunday, the winter quarter shall begin on Tuesday January 3; when January 1 falls on Monday, the winter quarter shall begin on Wednesday January 3.

(3) The spring quarter shall begin on the second Monday after the close of winter quarter and end on the eleventh Friday thereafter. The June commencement for UW Seattle shall be the Saturday immediately following the last day of spring quarter.

(4) The summer quarter shall begin on the second Monday following the June commencement and end on the ninth Friday thereafter.

(5) Certain academic programs may begin or end on schedules different from those in subsections (1) through (4) of this section with the approval of the provost. In such cases, it will be the responsibility of the appropriate dean to provide advance notice to the affected students.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-132-030, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 03-08-040, § 478-132-030, filed 3/27/03, effective 4/1/04
• WSR 00-04-038, § 478-132-030, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 28B.20.130(1). WSR 80-03-049 (Order 79-7), § 478-132-030, filed 2/22/80
• Order 72-10, § 478-132-030, filed 11/30/72.

Chapter 478-136 Use of University of Washington facilities.

Wash. Admin. Code § 478-136-010 Use of university facilities—General policy.

The University of Washington is an educational institution provided and maintained by the people of the state in order to carry out its broad mission of teaching, research and public service. The purpose of this policy is to ensure that all university facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly, student activities, and recreational activities related to educational use. Further, each facility may be used for a variety of activities, as long as the primary function the facility was intended to serve is protected. Reasonable time, place, and manner restrictions may be placed on the use of university facilities.

History

• Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-010, filed 6/17/10, effective 7/18/10
• WSR 97-24-047, § 478-136-010, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). WSR 82-16-001 (Order 82-2), § 478-136-010, filed 7/22/82, effective 10/1/82
• Order 73-2, § 478-136-010, filed 1/10/73.

Wash. Admin. Code § 478-136-012 Definitions.

(1) "Chair" of the committee on the use of university facilities means the person delegated authority by the president of the University of Washington and the chancellors of the University of Washington to authorize the use of university facilities, as provided for herein, for activities which take place on their respective campuses or at locations governed by their respective campuses; who oversee the committee on the use of university facilities for their respective campuses; and who liaise with other chairs to promote coordination in the application of this policy across campuses. The University of Washington attorney general's division shall provide legal guidance to the chair as needed.

(2) "Committee on the use of university facilities" means a committee appointed by the chair of the committee on the use of university facilities, which meets on a schedule to be determined by the chair, to provide nonbinding guidance to the chair on the application of these rules. Committee representatives might include representatives for UW police, environmental health and safety, risk management, student affairs, student government, and faculty and staff representatives.

(3) "Facility" or "facilities" includes all structures, grounds, parking lots, waterfront, and airspace owned or operated by the University of Washington, except where a "facility" is excluded from the application of this rule pursuant to a contract (such as a lease or rental agreement). Specific rules also apply to parking lots, bicycle and skateboard use (chapters 478-116, 478-117, and 478-118 WAC), boat moorage facilities (chapter 478-138 WAC), student housing (chapter 478-156 WAC), airspace use (Executive Order No. 22), nonuniversity speakers on campus (Executive Orders No. 23 and No. 42), and use of facilities by the Associated Students University of Washington (ASUW), Graduate and Professional Student Senate (GPSS), and other affected organizations (Student Governance and Policies, Chapter 202).

(4) "Use of facilities" includes, but is not limited to, the holding of events, the posting and removal of signs, all forms of advertising, commercial activities, and charitable solicitation.

History

• Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, chapter 1. WSR 12-03-038, § 478-136-012, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-012, filed 6/17/10, effective 7/18/10. Statutory Authority: RCW 28B.20.130 and chapter 70.160 RCW. WSR 07-03-136, § 478-136-012, filed 1/23/07, effective 2/23/07. Statutory Authority: RCW 28B.20.130. WSR 02-06-020, § 478-136-012, filed 2/25/02, effective 3/28/02
• WSR 97-24-047, § 478-136-012, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). WSR 82-16-001 (Order 82-2), § 478-136-012, filed 7/22/82, effective 10/1/82.

Wash. Admin. Code § 478-136-015 Delegated and administrative responsibilities.

(1) The board of regents has delegated to the president of the university the authority to regulate the use of university facilities.

Under this authority, the president has acted or will act as follows:

(a) Delegate to the chair for the committee on the use of university facilities with respect to facilities located on or governed by those located on the Seattle campus and for all other university facilities except for those located on the campuses for which there is a chancellor, the authority to review the use of university facilities; to establish within the framework of this policy guidelines and procedures governing such use; to approve or disapprove requested uses; and to establish policies regarding fees and rental schedules where appropriate. Inquiries to the chair for the Seattle campus should be directed to:

University of Washington Seattle

Seattle Chair of the Committee on the Use of

University Facilities

Box 352230

Seattle, WA 98195-2230

(or phone: 206-543-9233, or email sprogram@uw.edu).

(b) Delegate to the chancellors of the University of Washington campuses, with respect to facilities located on or governed by those located on their campus, the authority to review the use of university facilities; to establish within the framework of this policy guidelines and procedures governing such use; to approve or disapprove requested uses; and to establish policies regarding fees and rental schedules where appropriate.

(c) Delegate the chancellors the authority to subdelegate the authorities provided for in (b) of this subsection to a chair of the committee on the use of university facilities for facilities located on or governed by those located on their respective campuses. For the current UW campuses, other than the Seattle campus, inquiries concerning the use of university facilities may be directed to:

University of Washington Bothell

Bothell Chair of the Committee on the Use of

University Facilities

Office of the Vice Chancellor for Administration and

Planning

Box 358520

18115 Campus Way N.E.

Bothell, WA 98011

or

University of Washington Tacoma

Tacoma Chair of the Committee on the Use of

University Facilities

1900 Commerce Street, GWP 312

Box 358430

Tacoma, WA 98402

(or, for the University of Washington Tacoma, phone: 253-692-5645).

(d) Directs the chairs for each committee on the use of university facilities to confer with one another to promote a uniform application of this chapter.

(2) Sponsorship of an event by an academic or administrative unit of the university implies that an official with authority to make such decisions for the academic or administrative unit has applied his or her professional judgment to the content of the program, the qualifications of the individuals conducting the event, the manner of presentation, and has concluded, on behalf of his or her academic or administrative unit, that the event is consistent with this chapter.

(3) Approval of a facilities use request by the appropriate committee chair means that the committee chair has determined that the proposed event is consistent with this chapter.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-136-015, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-015, filed 6/17/10, effective 7/18/10. Statutory Authority: RCW 28B.20.130 and UWBR Standing Orders, chapter 1, § 2. WSR 05-21-133, § 478-136-015, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.20.130. WSR 02-06-020, § 478-136-015, filed 2/25/02, effective 3/28/02
• WSR 97-24-047, § 478-136-015, filed 11/26/97, effective 12/27/97
• WSR 86-15-038 (Order 86-2), § 478-136-015, filed 7/16/86. Statutory Authority: RCW 28B.20.130(1). WSR 82-16-001 (Order 82-2), § 478-136-015, filed 7/22/82, effective 10/1/82.

Wash. Admin. Code § 478-136-025 Users.

(1) Faculty, staff, and registered student organizations or official student governments may use university facilities to hold events for faculty, staff, and students provided such uses comply with this general policy on use of university facilities and specific facilities use policies of individual university units. These events do not require either sponsorship by an academic or administrative unit or approval by a chair of the committee on the use of university facilities.

(2) Faculty, staff, and registered student organizations or official student governments may use university facilities to hold events to which the general public is invited when the event is sponsored by an academic or administrative unit and approved by the appropriate chair of the committee on the use of university facilities.

(3) Nonuniversity organizations and individuals may use university facilities to hold events which are sponsored by a university academic or administrative unit and approved by the appropriate chair of the committee on the use of university facilities. The general public may be invited to such events.

History

• Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-025, filed 6/17/10, effective 7/18/10
• WSR 97-24-047, § 478-136-025, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). WSR 82-16-001 (Order 82-2), § 478-136-025, filed 7/22/82, effective 10/1/82.

Wash. Admin. Code § 478-136-030 Limitations on use.

(1) First priority for the use of campus facilities shall be given to regularly scheduled university activities. Additionally, use of university facilities may be subject to reasonable time, place, and manner restrictions that take into account, among other considerations, the general facilities policy; the direct and indirect costs to the institution; environmental, health and safety concerns; wear and tear on the facilities; appropriateness of the event to the specific facility; and the impact of the event on the campus community, surrounding neighborhoods, and the general public.

(2) Freedom of expression is a highly valued and indispensable quality of university life. However, university facilities may not be used in ways which obstruct or disrupt university operations, the freedom of movement, or any other lawful activities. No activity may obstruct entrances, exits, staircases, doorways, hallways, or the safe and efficient flow of people and vehicles.

(3) University facilities may be used for political activities (including events and forums regarding ballot propositions and/or candidates who have filed for public office) only if the event has been sponsored by an administrative or academic unit and approved by the appropriate committee chair, and subject to the following limitations:

(a) The full rental cost of the facility must be paid and state funds may not be used to pay rental costs or any other costs associated with the event.

(b) All candidates who have filed for office for a given position, regardless of party affiliation, must be given equal access to the use of facilities within a reasonable time.

(c) No person shall solicit contributions on university property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.

(d) University facilities may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.

(4) University facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities serve an educational purpose, as determined by the appropriate chair of the committee on the use of university facilities (see also subsection (7) of this section, concerning residence halls).

Nothing in these rules is intended to alter or affect the regular advertising, promotional, or underwriting activities carried on, by, or in the regular university media or publications. Policies concerning advertising, promotional or underwriting activities included in these media or publications are under the jurisdiction of and must be approved by their respective management or, where applicable, advisory committees, in accordance with applicable state and federal laws.

(5) When permission is granted to use university facilities for approved instructional or related purposes, as a condition of approval, the user of university facilities agrees to include in all materials nonendorsement statements in the form approved by the appropriate committee chair. "Materials" includes all communications, advertisement, and any other printed, electronic, or broadcast/telecast information related to the user's activities offered in university facilities. The committee chair may determine the content, size of print and placement of the nonendorsement language. The university will not make its facilities available for instructional or related purposes that compete with courses or programs offered by the university.

(6) Solicitation, or distribution of handbills, pamphlets and similar materials by anyone, whether a member of the university community or of the general public, is not permitted in those areas of campus to which access by the public is restricted or where such solicitation or distribution would significantly impinge upon the primary business being conducted.

(7) Solicitation and distribution of materials in university residence halls are governed by residence hall policies. No solicitation of a commercial nature is permitted in university residence halls. Commercial advertising may be allowed, and is restricted to certain designated areas of each residence hall, when it is related to the university's mission and approved by the department of housing and food services.

(8) Outdoor electronic amplification is prohibited with the following exceptions:

(a) The lawn area immediately west of the Seattle campus Husky Union Building (HUB) will be available for open-air speaking events using directional and volume-controlled speech amplification equipment provided by the university. Use of the Husky Union Building lawn site will be available to registered or official student organizations and faculty or staff groups on a first-come, first-served basis. The amplification system will be issued upon presentation of a currently valid student, faculty or staff identification card at the Husky Union Building Reservation Office.

(b) The committee chair with authority to permit the use of a facility may grant permission for the use of amplification equipment in other outdoor locations. Permission should be requested from the appropriate committee chair sufficiently in advance of the program to allow timely consideration.

(9)(a) No person may use university facilities to camp, except if permission to do so has been granted in accordance with the provisions of chapters 478-116 and 478-136 WAC or except as provided in (b) of this subsection. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable state, county and city laws.

(b) This provision does not prohibit use of the university residence facilities in accordance with chapter 478-156 WAC or the use of facilities where the employee remains overnight to fulfill the responsibilities of his or her position or where a student remains overnight to fulfill the requirements of his or her course of study.

(10) Within the limits of applicable laws, the University of Washington is committed to establishing and maintaining safe conditions for persons attending football games in Husky Stadium or other athletic events or concerts in university facilities. Accordingly, the rules enumerated below will apply to all such events and be strictly enforced.

(a) The possession or consumption of alcoholic beverages or illegal drugs is prohibited, except for alcohol allowed under a permit or license as provided in WAC 478-136-041. In addition to having the beverages or drugs confiscated, violators may be subject to university disciplinary action and/or legal proceedings, and removal from the events.

(b) Air horns, glass bottles, cans, picnic baskets, bota bags, ice chests, and thermoses (in excess of two-quart capacity) are prohibited. Individuals possessing such will not be admitted to, or will be removed from, Husky Stadium or other athletic or concert facilities until the items have been stored temporarily at locations provided for that purpose or disposed of in some other manner.

(c) Except for designated outdoor smoking sites, as provided in WAC 478-136-035, smoking is prohibited in all portions of all athletic stadia, including, but not limited to, the seating areas, public concourses, and enclosed and covered spaces.

(d) All persons entering events in Husky Stadium or other athletic venues or events in other university auditoria or facilities shall be subject to having all containers, bags, backpacks, coolers, or similar items visually inspected. Security personnel shall first ask permission to visually inspect the item and advise the person that he/she may refuse. Persons who refuse to allow inspection shall be allowed to return the item to a vehicle or otherwise dispose of it, after which admission shall be allowed. Persons who refuse the visual inspection and refuse to dispose of the item shall be denied entry.

(11) Only public service announcements and acknowledgment of sponsors will be allowed on scoreboards at athletic venues.

(a) For purposes of this section, a public service announcement is defined as an announcement which promotes the activities or services of federal, state or local governments, including the University of Washington, or nonprofit organizations, or generally contributes to the community's welfare and interests.

(b) In acknowledgment of their sponsorship of the scoreboards or sponsorship of events and programs, sponsors may propose public service announcements for display on the scoreboard during athletic events. The public service announcement may be accompanied by a sponsor's name or logo but may not directly promote the products or services of the company. The text and graphics of public service announcements must be submitted at least three days in advance to the department of intercollegiate athletics for approval by the university.

(c) In addition to these public service announcements, sponsors also may be acknowledged by the display of corporate logos, trademarks, or other approved messages upon panels located on the scoreboard.

(12) The university will not make its facilities or services available to organizations which do not assure the university that they will comply with the terms of the Americans with Disabilities Act (ADA, 42 U.S.C. 12132, 12182) and the Rehabilitation Act of 1973 (RA, 29 U.S.C. 794). Uses must not impose restrictions nor alter facilities in a manner which would violate the ADA or RA.

(13) The university will not make its facilities or services available to organizations which do not assure the university that they do not discriminate against any person as defined in the university's Executive Order No. 31, Nondiscrimination and Affirmative Action, except where such organizations have been exempted from provisions of applicable state or federal laws or regulations.

(14) Individuals who violate the university's use of facilities rules and approved users who violate university contract terms for use of facilities may be advised of the specific nature of the violation and, if continued, individuals may be requested to leave university property or be refused future use of university facilities. Failure to comply with a request to leave university property could subject such individuals to arrest and criminal prosecution under provisions of applicable state, county, and city laws.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-136-030, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-030, filed 6/17/10, effective 7/18/10. Statutory Authority: RCW 28B.20.130 and chapter 70.160 RCW. WSR 07-03-136, § 478-136-030, filed 1/23/07, effective 2/23/07. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. WSR 06-13-021, § 478-136-030, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130 and UWBR Standing Orders, chapter 1, § 2. WSR 05-21-133, § 478-136-030, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.20.130. WSR 03-24-045, § 478-136-030, filed 11/26/03, effective 12/27/03
• WSR 02-06-020, § 478-136-030, filed 2/25/02, effective 3/28/02
• WSR 01-11-135, § 478-136-030, filed 5/23/01, effective 6/23/01
• WSR 97-24-047, § 478-136-030, filed 11/26/97, effective 12/27/97
• WSR 91-14-024, § 478-136-030, filed 6/25/91, effective 7/26/91. Statutory Authority: Chapter 34.05 RCW. WSR 90-12-034, § 478-136-030, filed 5/30/90, effective 9/1/90. Statutory Authority: RCW 28B.20.130. WSR 88-19-045 (Order 88-05), § 478-136-030, filed 9/14/88
• WSR 85-01-045 (Order 84-5), § 478-136-030, filed 12/14/84. Statutory Authority: RCW 28B.20.130(1). WSR 82-16-001 (Order 82-2), § 478-136-030, filed 7/22/82, effective 10/1/82
• Order 73-2, § 478-136-030, filed 1/10/73.

Wash. Admin. Code § 478-136-035 No smoking policy for university facilities.

(1) The University of Washington is committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. Accordingly, the University of Washington establishes the following no smoking policy, consistent with chapter 70.160 RCW (I-901), to protect individuals from exposure to second-hand smoke in their university-associated environments and to protect life and property against fire hazards. "Smoke" or "smoking" refers to the carrying or smoking of any kind of lighted pipe, cigar, cigarette, electronic cigarette, or any other lighted smoking equipment.

(a) Except as provided in subsection (1)(b) and (c) of this section, smoking of all kinds is prohibited in all university facilities, including, but not limited to, vehicles, inside all buildings owned, occupied, or managed by the university and/or used by the university's faculty, staff, students, or visitors, and at any outside areas or locations, including, but not limited to, bus shelters, benches, and walkways.

(b) Smoking, while not permitted in on-campus residence halls, may be permitted in a limited portion of designated university student housing in accordance with smoking regulations established for those facilities by the vice president for student life, the appropriate chancellor, or their designees.

(c) Smoking may be permitted in specific designated outdoor locations approved by the director of environmental health and safety as smoking areas in accordance with chapter 70.160 RCW and published on the environmental health and safety website. Signage also identifies the designated locations.

(2) Violations of the university no smoking policy are subject to enforcement by the University of Washington police department or other jurisdictional law enforcement agencies with regulatory responsibility. In addition, any student, staff, or faculty member who violates the university no smoking policy may be subject to disciplinary action.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-136-035, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-035, filed 6/17/10, effective 7/18/10. Statutory Authority: RCW 28B.20.130 and chapter 70.160 RCW. WSR 07-03-136, § 478-136-035, filed 1/23/07, effective 2/23/07.

Wash. Admin. Code § 478-136-041 Alcoholic beverage policy.

Alcoholic beverages may be possessed, sold, served, and consumed at university facilities only if the procedures set forth in this section are followed.

(1) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor and cannabis board.

(2) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor and cannabis board must be followed.

(3) Alcoholic beverages may be possessed, sold, served, and consumed at the University of Washington club, as so designated by the university board of regents to the Washington state liquor and cannabis board, pursuant to a spirits, beer, and wine private club license issued by the Washington state liquor and cannabis board.

(4) Alcoholic beverages may be possessed, sold, served, and consumed at university facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor and cannabis board.

(5) Except as provided in subsections (3) and (4) of this section, alcoholic beverages may be possessed, sold, served, and consumed at university facilities only under permits/licenses issued by the Washington state liquor and cannabis board (including third-party vendors with a caterer's business license with liquor endorsement) and only as follows:

(a) Events at which alcohol is to be possessed, sold, served, or consumed must be approved by the appropriate committee chair for the committee on the use of university facilities and an application to the chair must be accompanied by a request for written authorization under subsection (6) of this section or proof that the seller holds an appropriate license; and

(b) Events at athletic venues at which alcohol is to be possessed, sold, served, or consumed must:

(i) Be within designated areas and must have restricted attendance; or

(ii) Operate under a sport entertainment facility license issued by the Washington state liquor and cannabis board; and

(c) A university unit, or an individual or organization applying for a permit/license must have obtained approval under subsection (6) of this section; and

(d) Sale, service, and consumption of alcohol is to be confined to the specified room or area identified on the license or permit.

(6) Written authorization to apply for a special occasion license or a banquet permit must be obtained from the appropriate committee chair for the committee on the use of university facilities prior to applying for a special occasion license or banquet permit from the Washington state liquor and cannabis board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor and cannabis board at least forty-five days or more before the event.) Written authorization to apply for such a permit/license shall accompany the application filed with the Washington state liquor and cannabis board.

(7) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-136-041, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and 66.24.380. WSR 14-13-079, § 478-136-041, filed 6/16/14, effective 7/17/14. Statutory Authority: RCW 28B.20.130. WSR 13-15-062, § 478-136-041, filed 7/15/13, effective 8/15/13
• WSR 10-13-098, § 478-136-041, filed 6/17/10, effective 7/18/10.

Wash. Admin. Code § 478-136-060 Safety and liability.

(1) It is the responsibility of any person or organization requesting the use of university facilities to comply with all applicable university policies, procedures, rules and regulations, and applicable local, state and federal laws, including but not limited to fire, health and safety regulations.

(2) Permission to a nonuniversity organization, a registered student organization, or an official student government for the use of university facilities is granted with the express understanding and condition that such organization assumes full responsibility for any loss, damage or claims arising out of such use.

When the event involves physical activity, the sale of alcohol, or otherwise will increase the risk of bodily injury above the level inherent in the facilities to be used, proof of appropriate liability insurance coverage with limits of at least $1,000,000 per occurrence must be provided to the university's office of compliance and risk services before approval for the requested use will be granted.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-136-060, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-136-060, filed 6/17/10, effective 7/18/10
• WSR 03-24-045, § 478-136-060, filed 11/26/03, effective 12/27/03
• WSR 97-24-047, § 478-136-060, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). WSR 82-16-001 (Order 82-2), § 478-136-060, filed 7/22/82, effective 10/1/82.

Chapter 478-137 Use of joint University of Washington, Bothell, and Cascadia Community College facilities.

Wash. Admin. Code § 478-137-010 Purpose.

The colocated campus of the University of Washington, Bothell, and Cascadia College operates joint facilities that provide benefits to each educational institution. The purpose of this chapter is to define the facilities jointly operated by the institutions and to ensure that these joint facilities are reserved primarily for activities related to the educational missions of the institutions. Further, the joint facilities may be used for a variety of activities, providing the primary function the facility or space was intended to serve is not compromised. Reasonable time, place, and manner restrictions may be placed on the use of joint facilities.

The rules set forth in this chapter have been jointly developed and agreed upon by the two institutions of higher education, and adopted and codified in separate chapters of the Washington Administrative Code by each of the institutions. Rules for the use of dedicated facilities of the University of Washington, Bothell, and Cascadia College are governed by chapter 478-136 WAC and chapter 132Z-141 WAC, respectively.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-137-010, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 06-13-022, § 478-137-010, filed 6/13/06, effective 8/1/06.

Wash. Admin. Code § 478-137-020 Definitions.

(1) "College" shall mean Cascadia College.

(2) "Institutions" shall mean University of Washington, Bothell, and Cascadia College.

(3) "Joint facilities" shall mean those structures, spaces, campus grounds, and parking lots operated jointly by the institutions. Specific rules also apply to parking lots (chapters 132Z-116 and 478-117 WAC).

(4) "University" shall mean University of Washington, Bothell.

(5) "Use of facilities" includes, but is not limited to: The holding of classes, events, the posting and removal of signs, all forms of advertising, commercial and community activities, and charitable solicitation.

(6) "Wetlands" shall mean campus grounds to the east of Campus Way N.E. and east of 110th N.E. between N.E. 185th and Beardslee Blvd., and the Chase House.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-137-020, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 06-13-022, § 478-137-020, filed 6/13/06, effective 8/1/06.

Wash. Admin. Code § 478-137-030 Administrative authority.

(1) The board of regents of the University of Washington and the board of trustees for Cascadia College have delegated to the chancellor of the university and the president of the college, respectively, the authority to regulate the use of joint facilities on the colocated campus.

(2) Under this authority, the chancellor of the university and the president of the college designate the coordination for use of joint facilities to an appointed joint committee on facility use and designate the use of the wetlands to the wetlands oversight committee. The chancellor of the university and the president of the college shall each appoint representatives to the joint committee on facility use to develop suggested event procedures. Each designee shall review the use of the facilities; establish administrative procedures governing such use that are consistent with these rules; approve or disapprove requested uses and establish policies regarding fees and rental schedules unique to joint facilities as appropriate. Additionally, the joint committee on facility use shall act as an appeals board for decisions of the wetlands oversight committee regarding wetlands use requests. Inquiries concerning the use of joint facilities may be directed to:

University of Washington, Bothell

Office of Administrative Services

Joint Facilities Use Coordinator

Box 358535

18115 Campus Way N.E.

Bothell, WA 98011

(Phone: 425-352-3556 or email: facuse@uwb.edu); and

Cascadia College

Office of Administrative Services

Facilities Coordinator

18345 Campus Way N.E.

Bothell, WA 98011

(Phone: 425-352-8000).

(3) Preliminary approval of an event by an academic or administrative unit of the university or college implies that a responsible official has applied his or her professional judgment to the content of the program, the qualifications of the individuals conducting the event, the manner of presentation, and has concluded that the event is consistent with the teaching, research, and/or public service mission of the institutions.

(4) Final approval of a joint facilities use request by the appropriate designee on the use of joint facilities implies that the designee has reviewed the proposed event with regard to: The rules in this chapter; the direct and indirect costs to the institutions; environmental, health and safety concerns; wear and tear on the facilities; appropriateness of the event to the specific facility; and the impact of the event on the institutions, surrounding neighborhoods and the general public.

(5) The institutions will not make their joint facilities or services available to organizations that do not assure the institutions that they will comply with the terms of the Americans with Disabilities Act (ADA, 42 U.S.C. 12132, 12182) and the Rehabilitation Act of 1973 (RA, 29 U.S.C. 794). Uses must not impose restrictions nor alter facilities in a manner which would violate the ADA or RA.

(6) The institutions will not make their joint facilities or services available to organizations which do not assure the institutions that they do not discriminate against any person, as defined in the university's Executive Order No. 31, Nondiscrimination and Affirmative Action and the college's nondiscrimination statement, except where such organizations have been exempted from provisions of applicable state or federal laws or regulations.

(7) Individuals who violate the institutions' use of joint facilities regulations and approved users who violate the institutions' contract terms for use of joint facilities may be advised of the specific nature of the violation and individuals may be requested to leave the property or be refused future use of joint facilities. Failure to comply with a request to leave the property may subject such individuals to arrest and criminal prosecution under provisions of applicable state, county, and city laws.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-137-030, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130. WSR 10-13-098, § 478-137-030, filed 6/17/10, effective 7/18/10
• WSR 06-13-022, § 478-137-030, filed 6/13/06, effective 8/1/06.

Wash. Admin. Code § 478-137-040 Use of joint facilities.

When allocating use of joint facilities, the highest priority shall be given to activities specifically related to the institutions' missions. No arrangements will be made that may interfere with or operate to the detriment of the institutions' own instruction, research, public assembly, and student activities. In particular, joint facilities are used primarily for:

(1) The regularly established instruction, research, public assembly, and student activities of the institutions and their departments.

(2) Cultural, educational, or recreational activities of the students, faculty, or staff of the university or college.

(3) Short courses, conferences, seminars, or similar events, when arranged under the sponsorship of the institutions or their departments.

(4) Public events of a cultural or professional nature brought to the campus at the request of institution departments or committees or institutionally sanctioned student organizations and presented with their active sponsorship and active participation.

(5) Activities or programs sponsored by other educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the institutions. However, joint facilities will not be made available for instructional or related purposes that compete with courses or programs offered by the institutions.

(6) Faculty, staff, registered or official student organizations of the institutions may use joint facilities to hold events for university or college faculty, staff and students provided such uses comply with these rules on use of joint facilities. These events do not, however, require either preliminary approval by an academic or administrative unit or final approval by the joint committee on facility use.

(7) Faculty, staff, registered or official student organizations of the institutions may use joint facilities to hold events to which the general public is invited when the event has preliminary approval by an academic or administrative unit of one of the institutions and final approval of the appropriate designee. The appearance of an invited speaker on campus does not represent an endorsement by the institutions of the speaker's views.

(8) Noninstitution organizations and individuals may use joint facilities to hold events which have received preliminary approval by an academic or administrative unit of one of the institutions and final approval of the appropriate designee. The general public may be invited to such events.

(9) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and proper maintenance of the facilities. Subject to the same limitations, joint facilities shall be made available for assignment to individuals or groups within the institutions. Arrangements by both organizations and individuals must be made through the appropriate facility designee. Allocation of space shall be made in accordance with these rules and on the basis of time, space, priority of request and the demonstrated needs of the applicant.

History

• Statutory Authority: RCW 28B.20.130. WSR 06-13-022, § 478-137-040, filed 6/13/06, effective 8/1/06.

Wash. Admin. Code § 478-137-050 Limitations on use.

(1) Freedom of expression is a highly valued and indispensable quality of university and college life. However, joint facilities may not be used in ways that obstruct or disrupt the institutions' operations, the freedom of movement, or any other lawful activities. Additionally, use of joint facilities may be subject to reasonable time, place and manner restrictions.

(2) Joint facilities may be used for events and forums regarding ballot propositions and/or candidates who have filed for public office providing the event has received preliminary approval by an administrative or academic unit of one of the institutions and final approval by the appropriate facility designee. There are, however, certain limitations on the use of joint facilities for these political activities.

(a) First priority for the use of joint facilities shall be given to regularly scheduled university and college activities.

(b) Joint facilities may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office only when the full rental cost of the facility is paid. Use of state funds for payment of facility rental costs is prohibited.

(c) Forums or debates may be scheduled at full facility rental rates if all parties to a ballot proposition election or all candidates who have filed for office for a given position, regardless of party affiliation, are given equal access to the use of facilities within a reasonable time.

(d) No person shall solicit contributions on joint property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.

(e) Public areas outside joint facility buildings may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office, excluding solicitation of funds, provided the other normal business of the institutions is not disrupted and entrances to and exits from buildings are not blocked.

(f) Joint facilities or services may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.

(3) Joint facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are consistent with the institution's mission, as determined by the appropriate designee.

(4) Nothing in these rules is intended to alter or affect the regular advertising, promotional, or underwriting activities carried on, by, or in the regular media or publications of the institutions. Policies concerning advertising, promotional or underwriting activities included in these media or publications are under the jurisdiction of and must be approved by their respective management or, where applicable, advisory committees, in accordance with applicable state and federal laws.

(5) In accordance with WAC 478-137-010 the institutions will make their joint facilities available only for purposes related to their educational missions, including but not limited to instruction, research, public assembly, community programs, and student activities. When permission is granted to use joint facilities for approved instructional or related purposes, as a condition of approval, the user of joint facilities agrees to include in all materials nonendorsement statements in the form approved by the appropriate designee. "Materials" includes all communications, advertisement, and any other printed, electronic, or broadcast/telecast information related to the user's activities offered in joint facilities. The designee will determine the content, size of print and placement of the nonendorsement language. The institutions will not make their joint facilities available for instructional or related purposes that compete with courses or programs offered by the university or college.

(6) Solicitation, or distribution of handbills, pamphlets and similar materials by anyone, whether a member of the university and college community or of the general public, is not permitted in those areas of campus to which access by the public is restricted or where such solicitation or distribution would significantly impinge upon the primary business being conducted.

(7) Electronic amplification on the grounds of the campus shall not be permitted unless approved by the joint committee on facility use.

(8) No person may use joint facilities to camp. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable state, county and city laws. This provision does not prohibit use of joint facilities where a university or college employee remains overnight to fulfill the responsibilities of his or her position.

(9) The institutions are committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. In accordance with the Washington Clean Indoor Air Act (chapter 70.160 RCW), the Use of University of Washington facilities (chapter 478-136 WAC) and Cascadia College facility use (chapter 132Z-141 WAC), the following smoking policy is intended to protect nonsmokers from exposure to smoke in their campus-associated environments and to protect life and property against fire hazards. "Smoke" or "smoking" refers to the carrying or smoking of any kind of lighted pipe, cigar, cigarette, electronic cigarette, or any other kind of lighted smoking equipment.

(a) Smoking is prohibited inside all university or college vehicles, inside buildings and parking structures owned or occupied by the university or college and/or used by university or college faculty, staff or students and at any outside areas or locations that may directly or indirectly affect the air supply of buildings or carry smoke into buildings.

(b) The institutions may designate specific outdoor locations as smoking areas. Signage will be placed to indicate the designated locations.

(c) Any student, staff, or faculty member who violates the smoking policy may be subject to disciplinary action. In addition, violations of the smoking policy may be subject to appropriate enforcement.

(10) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only if the procedures set forth in this section are followed.

(a) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor and cannabis board.

(b) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor and cannabis board must be followed.

(c) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor and cannabis board.

(d) Except as provided in (c) of this subsection, alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only under permits/licenses issued by the Washington state liquor and cannabis board and only as follows:

(i) Events at which alcohol is to be sold must be approved by the joint committee on facility use and an application to the committee must be accompanied by a request for written authorization under (e) or (f) of this subsection or proof that the seller holds an appropriate license; and

(ii) A university or college unit or an individual or organization applying for a permit/license must have obtained approval under (e) or (f) of this subsection; and

(iii) Sale, service, and consumption of alcohol is to be confined to the specified room or area identified on the license or permit.

(e) Written authorization to apply for a special occasion license to sell alcoholic beverages at joint facilities must be obtained from the joint committee on facility use prior to applying for a special occasion license from the Washington state liquor and cannabis board. Authorization should be requested through the facilities use coordinator for the joint committee on facility use sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor and cannabis board at least forty-five days or more before the event.) Written authorization to apply for such license shall accompany the license application filed with the Washington state liquor and cannabis board.

(f) Written authorization to apply for a banquet permit to serve and consume alcoholic beverages at joint facilities must be obtained from the university chancellor or college president prior to applying for the permit from the Washington state liquor and cannabis board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. Written authorization to apply for such permit shall accompany the permit application filed with the Washington state liquor and cannabis board.

(g) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-137-050, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-137-050, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and 66.24.380. WSR 14-13-079, § 478-137-050, filed 6/16/14, effective 7/17/14. Statutory Authority: RCW 28B.20.130. WSR 06-13-022, § 478-137-050, filed 6/13/06, effective 8/1/06.

Wash. Admin. Code § 478-137-060 Safety and liability.

(1) It is the responsibility of any person or organization requesting the use of joint facilities to comply with all applicable policies, procedures, rules and regulations of the institutions, and applicable local, state and federal laws, including but not limited to fire, health and safety regulations.

(2) Permission to an organization not affiliated with one of the institutions or to a registered or official student organization of the university or college for the use of joint facilities is granted with the express understanding and condition that such organization assumes full responsibility for any loss, damage or claims arising out of such use.

When the event involves physical activity, or otherwise will increase the risk of bodily injury above the level inherent in the facilities to be used, proof of appropriate liability insurance coverage with limits of at least one million dollars per occurrence must be provided to the state office of risk management before approval for the requested use will be granted.

History

• Statutory Authority: RCW 28B.20.130. WSR 06-13-022, § 478-137-060, filed 6/13/06, effective 8/1/06.

Chapter 478-138 Use of university stadium boat moorage facilities.

Wash. Admin. Code § 478-138-010 Use of university stadium boat moorage facilities—Authority.

Pursuant to the authority granted by RCW 28B.20.130, the board of regents of the University of Washington has established these regulations to govern use of the stadium boat moorage facilities.

History

• Statutory Authority: RCW 28B.20.130. WSR 92-14-060, § 478-138-010, filed 6/26/92, effective 7/27/92
• Order, § 478-138-010, filed 7/2/73 and 7/27/73.

Wash. Admin. Code § 478-138-020 Use of university stadium boat moorage facilities—Objectives.

The objectives of these regulations are to:

(1) Provide water access for persons attending University of Washington home football games or other special events as determined by the university, for which use of the stadium boat moorage facilities is designated;

(2) Control the use of the stadium boat moorage facilities in order to provide reasonable safety for both persons and boats or other craft using the facility;

(3) Provide for the collection of stadium boat moorage fees in support of the cost of maintaining and operating the stadium boat moorage facilities;

(4) Provide access at all times for emergency equipment.

History

• Statutory Authority: RCW 28B.20.130. WSR 92-14-060, § 478-138-020, filed 6/26/92, effective 7/27/92
• Order, § 478-138-020, filed 7/2/73 and 7/27/73.

Wash. Admin. Code § 478-138-030 Use of university stadium boat moorage facilities—Stadium boat moorage facilities—Area defined.

(1)(a) The stadium boat moorage facilities shall consist of those docks and floats located on Lake Washington in Union Bay which provide water access to the University of Washington shoreline on home football game days, or for other special events as determined by the university.

(b) The stadium boat moorage facilities shall also include such other specified areas along or adjacent to the university shoreline, as designated by the executive vice president for finance and administration, that provide access to the university shoreline on home football game days, or for other special events as determined by the university. The activities for which these additional stadium boat moorage facilities may be used include, but are not limited to: Moorage of water related vessels; and loading, unloading, or transporting passengers to and from water related vessels. All other uses of the university shoreline shall be under the authority of the executive vice president for finance and administration.

(c) Use of the university shoreline and moorage facilities for waterfront activities not designated for that area, or otherwise not in compliance with this chapter will subject the violators to arrest under provisions of RCW 9A.52.080 (Criminal trespass in the second degree), City of Seattle 12A.08.040 (Criminal trespass), or other applicable law.

(2) In the event the university permits a nonuniversity vessel use of the stadium boat moorage facilities for moorage, loading and unloading passengers, shuttling passengers to and from anchored vessels, or other related activities, the university does not assume responsibility for nor guarantee the expertise or training of the vessels' pilots or that such vessels are maintained in a safe condition or are adequately equipped with life vests and other safety devices as required by the United States Coast Guard and the Washington state utilities and transportation commission.

The executive vice president for finance and administration shall have the authority to establish such conditions as are necessary or appropriate to enhance safety and to protect the university from liability in connection with the use of the stadium boat moorage facilities.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-138-030, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-23-039, § 478-138-030, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130. WSR 92-14-060, § 478-138-030, filed 6/26/92, effective 7/27/92. Statutory Authority: RCW 28B.10.300. WSR 88-19-042 (Order 88-02), § 478-138-030, filed 9/14/88
• Order, § 478-138-030, filed 7/2/73 and 7/27/73.

Wash. Admin. Code § 478-138-040 Use of university stadium boat moorage facilities—Operation of the stadium boat moorage facilities—Permits required.

During home football games and other special events as determined by the university, operation of the stadium boat moorage is the responsibility of the director of intercollegiate athletics and use of the stadium boat moorage facilities shall be controlled by the sale of stadium boat moorage permits as follows:

(1) Limits of the numbers and types of crafts that can be moored with reasonable safety at the stadium boat moorage facilities shall be established by the university after consultation with and approval by the Seattle fire chief and the local representatives of the U.S. Coast Guard;

(2) Only those boats displaying a valid stadium boat moorage permit shall be admitted to the stadium boat moorage area and provided moorage space;

(3) Stadium boat moorage permits shall be sold, issued, and collected by the department of intercollegiate athletics for season and/or individual games or special events;

(4) Season football ticket holders shall be notified of and provided with the opportunity to purchase stadium boat moorage permits for football games in advance of the public offering of stadium boat moorage permits;

(5) Public sale of stadium boat moorage permits shall be on a first-come, first-served basis within the limits established under WAC 478-138-040(1).

History

• Statutory Authority: RCW 28B.20.130. WSR 92-14-060, § 478-138-040, filed 6/26/92, effective 7/27/92
• Order, § 478-138-040, filed 7/2/73 and 7/27/73.

Wash. Admin. Code § 478-138-060 Schedule of fees.

Fees for stadium boat moorage and the effective date thereof shall be established by the director of intercollegiate athletics. The approved fee schedule shall be published on the intercollegiate athletics website.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-23-039, § 478-138-060, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130. WSR 03-12-007, § 478-138-060, filed 5/22/03, effective 6/22/03
• WSR 92-14-060, § 478-138-060, filed 6/26/92, effective 7/27/92.

Chapter 478-140 Rules and regulations for the University of Washington governing student education records.

Wash. Admin. Code § 478-140-010 University policy on student education records.

WAC 478-140-010

The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g, provides for the right of a student to inspect their education records, and guidelines concerning the release of those records to third parties. The act further provides that such a student may request a hearing in order to correct or delete inaccurate, misleading or otherwise inappropriate data, and that currently registered students be informed annually of their rights under the act. Any student who alleges a failure by the university to comply with the act has the right to file a complaint with the U.S. Department of Education.

The annual notice of the university's FERPA policy is presented to a student each time the student registers online, and is available on the university's FERPA website.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-057, s 478-140-010, filed 6/12/26, effective 7/13/26
• WSR 99-12-110, § 478-140-010, filed 6/2/99, effective 7/3/99
• Order 75-1, § 478-140-010, filed 3/5/75
• Order 72-11, § 478-140-010, filed 11/30/72.

Wash. Admin. Code § 478-140-015 Definitions.

WAC 478-140-015

(1) "Directory information" means a student's name, address, email address, telephone number(s), major and minor fields(s) of study (including pre-major or undeclared), class, enrollment status (e.g., graduate, undergraduate, professional, post-baccalaureate, or nonmatriculated student, full or part-time), participation in officially recognized activities and sports, weight and height if the student is a member of an intercollegiate athletic team, dates of attendance, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student.

(2) "Legitimate educational interest" means an individual has a need to access the education record to perform their official duties; not to satisfy curiosity or other non-job-related interests.

(3) "School official" means faculty instructors, staff, student employees, volunteers, third-party contractors, and any individual within the agency or institution whom the agency or institution has determined to have legitimate educational interests in accessing education records.

(4) "Student" means, for the purposes of these rules, any person who is or has been in attendance at the University of Washington for at least one day of an academic program or work-study position, and with respect to whom the university maintains education records. A person who has applied to a unit of the university (e.g., college, department, graduate, or professional program) is not considered to be a student of that unit, even if the person has been attending another unit of the university, if the person never attended the unit applied to, and/or the person's application is denied.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-057, s 478-140-015, filed 6/12/26, effective 7/13/26
• WSR 99-12-110, § 478-140-015, filed 6/2/99, effective 7/3/99. Statutory Authority: RCW 28B.20.130(1). WSR 79-05-025 (Order 79-1), § 478-140-015, filed 4/18/79
• Order 75-1, § 478-140-015, filed 3/5/75.

Wash. Admin. Code § 478-140-022 Procedures for requesting education records under FERPA.

WAC 478-140-022

(1) A request by a student to inspect and review their education record should be made in writing to the university official(s) or office(s) having custody of the particular records. Responses to requests will comply with FERPA and the limitations on access.

(2) Individual(s) or office(s) must respond to a request for education records, or explanations or interpretations of those records, within a reasonable period of time, but in no case more than 45 days after the request has been made.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-057, s 478-140-022, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 478-140-025 Procedures for requesting to amend education records under FERPA.

WAC 478-140-025

(1) After reviewing their records, a student may ask the university to amend the records if the student believes information contained in the records is inaccurate or misleading. In such cases, the student should contact the appropriate unit responsible for custody of the record. The responsible party must inform the student of the party's decision within a reasonable period of time.

(2) If the responsible party grants the student's request, the university shall amend the educational records and inform the student in writing of the action taken.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-057, s 478-140-025, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 478-140-031 Procedures for appealing denial of request to amend education records under FERPA.

WAC 478-140-031

(1) If the party receiving a request to amend an education record denies the student's request, the party must, within a reasonable period of time, inform the student of the decision and the student's right to a hearing before the university student records committee. The student must request in writing to the office of the university registrar a hearing within 90 days of the date of the denial of the student's request by the custodian of the record.

(2) The committee shall hold a hearing within a reasonable period of time after the student files a request for a hearing. The student must receive notice of the hearing's date, time, and place reasonably in advance of the hearing. The committee shall give the student a full and fair opportunity to present evidence relevant to the contested part of the education record. The student may, at their own expense, be assisted or represented by one or more individuals, including an attorney. The student records committee will render its decision in writing within a reasonable period of time following the hearing. The decision must be based on the records relevant to the matter and on any evidence presented to the committee. The decision must include a brief summary of the evidence and statement of the reasons supporting the decision. The decision of the student records committee shall be the university's final decision.

(a) If the university student records committee grants the student's appeal, the university shall amend the education records of the student accordingly and shall inform the student in writing of the action taken.

(b) If the university student records committee denies the student's appeal, the student shall be given the right to place in the education record a statement commenting upon the information in the education record and/or setting forth any reasons for disagreeing with the decision of the university student records committee. The university must maintain the statement with the contested part of the record for as long as the record is maintained, and must disclose the statement whenever it discloses the portion of the record to which the statement relates.

(c) The student records committee shall not review any matter regarding the appropriateness of official academic grades.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-057, s 478-140-031, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 478-140-035 Filing a complaint under FERPA.

WAC 478-140-035

Students may file complaints with the U.S. Department of Education concerning alleged failures by the university to comply with the requirements of the Family Educational Rights and Privacy Act or its implementing regulations. The office's address is: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue S.W., Washington, DC 20202.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-057, s 478-140-035, filed 6/12/26, effective 7/13/26.

Chapter 478-156 Rules for the University of Washington, Seattle campus residence halls, single student and family housing apartments.

Wash. Admin. Code § 478-156-010 Legal authority to enact.

Pursuant to the authority granted by RCW 28B.20.130 and 28B.15.031, the board of regents of the University of Washington has established the following rules governing the operation of the university's residence halls, single student and family housing apartments for the University of Washington, Seattle campus.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 13-03-085, § 478-156-010, filed 1/15/13, effective 2/15/13. Statutory Authority: RCW 28B.20.130. WSR 97-24-048, § 478-156-010, filed 11/26/97, effective 12/27/97
• Order 72-6, § 478-156-010, filed 11/6/72.

Wash. Admin. Code § 478-156-011 Purpose of residence halls, single student and family housing apartments.

The residence halls, single student and family housing apartments exist primarily to provide a conveniently located living environment for university students which will contribute to their educational development.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 13-03-085, § 478-156-011, filed 1/15/13, effective 2/15/13. Statutory Authority: RCW 28B.20.130. WSR 97-24-048, § 478-156-011, filed 11/26/97, effective 12/27/97
• Order 72-6, § 478-156-011, filed 11/6/72.

Wash. Admin. Code § 478-156-012 Modification of these rules.

The board of regents reserves the right to add, delete, or modify portions of these rules in accordance with its rules and applicable laws.

History

• Statutory Authority: RCW 28B.20.130. WSR 97-24-048, § 478-156-012, filed 11/26/97, effective 12/27/97
• Order 72-6, § 478-156-012, filed 11/6/72.

Wash. Admin. Code § 478-156-013 Priority for residence halls and single student apartments.

Priority for use of residence hall space and single student apartments is given to enrolled students at the University of Washington, Seattle.

Priority for use of any remaining housing space is specific to each residence hall or apartment building. Up-to-date information pertaining to residence hall and single student apartment use priority is available on the University of Washington, Seattle housing and food services' website.

Subject to space availability, the following may be granted residence privileges in the order of their applications after the needs of enrolled students have been fulfilled:

(1) Participants in university-sponsored short courses, conferences, and state tests and examinations.

(2) Visiting scholars sponsored by academic departments.

(3) Students attending nearby community colleges.

(4) On a transient basis, visiting students from other institutions, visiting faculty members and guests of student residents.

(5) Other groups when approved by the committee on the use of university facilities.

(6) Other groups or individuals approved by housing and food services, on a space available basis.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 13-03-085, § 478-156-013, filed 1/15/13, effective 2/15/13. Statutory Authority: RCW 28B.20.130. WSR 97-24-048, § 478-156-013, filed 11/26/97, effective 12/27/97
• Order 72-6, § 478-156-013, filed 11/6/72.

Wash. Admin. Code § 478-156-016 Family housing apartments—Assignment and unit size eligibility.

Residents must be enrolled as full-time students at the University of Washington three of the four quarters of an academic year, and be married couples; registered, same-sex domestic partners (that is, the partnerships are registered with jurisdictions where domestic partner registrations are offered); or single parents with dependent children. In addition, financial eligibility must be verified prior to move-in for those students in priority groups (1) through (3), which are described in WAC 478-156-017. The office of student financial aid will update financial need figures for family housing eligibility and will evaluate the resources of each new applicant to determine if their requirements for financial assistance exceed the established need figures. Any expenses related to the processing of the financial aid form will be borne by the applicant or the current resident. Assignment eligibility criteria for each unit size of university-owned housing is specific to the property and outlined on the University of Washington, Seattle housing and food services website.

Changes to these eligibility criteria shall be approved through the office of the vice president for student life after consultation with student leadership from the Associated Students of the University of Washington (ASUW) and the Graduate and Professional Student Senate (GPSS).

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-156-016, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-156-016, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 13-03-085, § 478-156-016, filed 1/15/13, effective 2/15/13. Statutory Authority: RCW 28B.20.130. WSR 97-24-048, § 478-156-016, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). WSR 80-03-005 (Order 79-5), § 478-156-016, filed 2/8/80
• Order 72-6, § 478-156-016, filed 11/6/72.

Wash. Admin. Code § 478-156-017 Assignment priority.

Applicants for university-owned family housing apartments who are judged eligible for assignment pursuant to WAC 478-156-016 are assigned in the following order of priority, based on the date of application:

(1) Students who have special housing needs due to:

• Disability-related reasons;

• Students in the university's educational opportunity program;

• Students who are single parents and have dependent children meeting financial eligibility criteria as set forth in WAC 478-156-016; and

• Others with extreme financial or personal hardship.

(2) Other students meeting financial eligibility criteria as set forth in WAC 478-156-016.

(3) Other students exceeding financial eligibility criteria.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 13-03-085, § 478-156-017, filed 1/15/13, effective 2/15/13. Statutory Authority: RCW 28B.20.130. WSR 97-24-048, § 478-156-017, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). WSR 80-03-005 (Order 79-5), § 478-156-017, filed 2/8/80
• Order 72-6, § 478-156-017, filed 11/6/72.

Chapter 478-161 Student enrollment for the University of Washington.

Wash. Admin. Code § 478-161-010 Admission to specific undergraduate majors.

Criteria for acceptance to undergraduate majors may vary from department to department. Department admission policies are binding if they are the result of action by the faculty of the department concerned and have also been approved by the dean of that school or college, the designated faculty governing council or body, and the president of the university.

History

• Statutory Authority: RCW 28B.20.130. WSR 21-11-059, § 478-161-010, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 478-161-015 Registration eligibility.

(1) Continuing students. Continuing students at the university who remain in good standing are in compliance with other rules and regulations will have the opportunity to register at the same campus each quarter as long as they maintain continuous enrollment. A "continuing student" is one who has registered at the same University of Washington campus in the same degree level (i.e., undergraduate to undergraduate) or degree level program (i.e., graduate to graduate) the preceding quarter, or preceding spring quarter, if registering for autumn quarter.

(2) Newly admitted students. Newly admitted students are eligible to register for the quarter for which they have been offered admission when the applicable registration period(s) open and only after they have confirmed their enrollment and intention to attend the university beginning that quarter. Confirmation usually requires an advance payment on tuition and/or a confirmation fee. A "newly admitted student" is either one who has not previously registered for credit courses at the university or one who will be in their first quarter in a status different from that in which they last attended.

(3) Quarter-off, on-leave status and returning students.

(a) Quarter-off eligibility for undergraduate and professional students.

(i) Subject to college, school, and departmental enrollment policies, undergraduate and professional students who have completed a quarter at the University of Washington may take the following quarter off and remain eligible to register for the subsequent quarter without reapplying as returning students. Any quarter from which a student has completely withdrawn or been canceled does not constitute a completed quarter. Summer quarter enrollment is not required to maintain continuous registration eligibility.

(ii) Undergraduate and professional students who have taken more than one consecutive quarter off (not including summer) and who wish to return to the university in the degree or certificate program for which they were last registered must submit a "returning student reenrollment" form to the university registration office.

(b) Graduate students. Graduate students are required either to be registered each quarter (except summer) or to be officially on leave until the completion of all requirements for the graduate degree toward which such a student is working. Graduate students who do not maintain continuous enrollment must file an on-leave application with the graduate school. An "on-leave graduate student" is a graduate student in good standing who is away from the university and has been granted on-leave status. Failure to register each quarter (except summer) or to go on leave will constitute presumptive evidence that the student has withdrawn and resigned from the graduate school. The quarter-off eligibility is not available to graduate students.

(4) Enrollment in a different campus or different program. Current students who wish to attend the university at a different campus or in a different program than they are currently enrolled in must complete the application of and be accepted into the campus or program in which they would like to enroll.

(5) Enrollment after program completion. All undergraduate and graduate students who completed a degree or certificate program at the time they were last enrolled must apply as new students if they wish to continue or return to the university. For students completing a master's degree, it is sometimes possible to return into the PhD program without a new student application.

History

• Statutory Authority: RCW 28B.20.130. WSR 21-11-059, § 478-161-015, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 478-161-020 Waiver of tuition and fees.

(1) The board of regents is authorized to grant tuition and fee waivers to students pursuant to RCW 28B.15.910 and the laws identified therein. A number of these statutes authorize, but do not require, the board of regents to grant waivers for different categories of students and provide for waivers of different fees. For the waivers that are authorized but not required by state law, the board of regents must affirmatively act to implement the legislature's grant of authority under each individual law. The permissive waivers that the board has implemented are noted in subsections (5) and (6) of this section. Permissive waivers not listed in subsection (5) or (6) have not been implemented. A full list of permissive waivers adopted by the board of regents and a list of mandatory waivers can be found online on the University of Washington's office of the university registrar website. Mandatory waivers are also listed in university policy.

(2) Even when it has decided to implement a permissive waiver listed in RCW 28B.15.910, the university, for specific reasons and a general need for flexibility in the management of its resources, may choose not to award waivers to all students who may be eligible under the terms of the laws. The university's description of the factors it may consider to adjust a waiver program to meet emergent or changing needs is found in subsection (7) of this section. All permissive waivers are subject to subsection (7) of this section.

(3) The board of regents also has the authority under RCW 28B.15.915 to grant waivers of all or a portion of operating fees as defined in RCW 28B.15.031. Waivers granted under RCW 28B.15.915 are subject to subsection (7) of this section.

(4) No waivers contained in this section will be awarded to students participating in self-sustaining courses or programs.

(5) Pursuant to its authority to grant permissive waivers under RCW 28B.15.910 and the laws cited in this subsection, the board of regents adopts the waivers of all or a portion of nonresident tuition fees differential contained in the subsections listed below, with the accompanying noted limitations. These limitations are in addition to any limitations set forth in RCW.

(a) RCW 28B.15.014(1);

(b) RCW 28B.15.014(2). Waivers under this subsection shall be restricted to four consecutive quarters from the employee's initial date of employment with the University of Washington. The employee must be employed on or before the first day of the quarter for which the waiver is awarded;

(c) RCW 28B.15.014(3). Waivers under this subsection shall be restricted to persons who reside in Washington state;

(d) RCW 28B.15.225; and

(e) RCW 28B.15.544 and chapter 28B.70 RCW.

(6) Pursuant to its authority to grant permissive waivers under RCW 28B.15.910 and the laws cited in this subsection, the board of regents adopts the following waivers contained in the sections listed below, with the accompanying noted limitations. These limitations are in addition to any limitations set forth in RCW.

(a) RCW 28B.15.100(3);

(b) RCW 28B.15.540(2);

(c) RCW 28B.15.555 and 28B.15.556;

(d) RCW 28B.15.558. All waivers authorized by RCW 28B.15.558 shall be subject to such additional limitations as determined by the provost, pursuant to the terms of subsection (7) of this section. These limitations on employee and course eligibility can be found in university policy in administrative policy statement (APS) 22.1. The office of the university registrar also maintains a list of excluded courses and programs. As authorized by RCW 28B.15.558(5) waivers shall be awarded to eligible University of Washington employees before considering waivers for eligible persons who are not employed by the institution;

(e) RCW 28B.15.615;

(f) RCW 28B.15.621(2). The university adopts this waiver only as to:

(i) Undergraduate students pursuing their first bachelor's degree to a maximum of 225 college-level credits, including credits transferred from other institutions of higher education; and

(ii) Full-time graduate or professional degree students, provided however, that the waiver may be applied only toward a single degree program at the University of Washington, and provided further, that graduate and professional degree students who received a waiver authorized by RCW 28B.15.621(2) as undergraduates at the University of Washington shall not be eligible for this waiver.

To qualify an individual as an "eligible veteran or National Guard member," the person seeking the waiver must present proof of domicile in Washington state and either a DD Form 214 (report of separation) or other documentation indicating they meet the criteria in RCW 28B.15.621(8).

(g) RCW 28B.15.740(1); and

(h) RCW 28B.15.740(2).

(7) The university may modify its restrictions or requirements pursuant to changes in state or federal law, changes in programmatic requirements, or in response to financial or other considerations, which may include, but are not limited to, the need to adopt fiscally responsible budgets, the management of the overall levels and mix of enrollments, management initiatives to modify enrollment demand for specific programs and management decisions to eliminate or modify academic programs. The university may choose not to exercise the full funding authority granted under RCW 28B.15.910 and may limit the total funding available under RCW 28B.15.915.

History

• Statutory Authority: RCW 28B.20.130. WSR 21-11-059, § 478-161-020, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 478-161-030 Change of residence application.

Nonresident students who desire to apply for a change in resident status must complete and submit a Washington institutions of higher education residence questionnaire or a Washington higher education residency affidavit, whichever is appropriate to the student's circumstances, and submit all requested supporting documentation to the University of Washington, residence classification office at the student's home campus.

Residence questionnaire and additional instructions are available on the residence classification office website. Within ten days of taking action on the residence questionnaire, the residence classification office shall provide to the student a written statement of the reasons for any decision it makes. This statement may be transmitted electronically (e.g., by email). This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, governing brief adjudicatory proceedings, the provisions of which are hereby adopted.

History

• Statutory Authority: RCW 28B.20.130. WSR 21-11-059, § 478-161-030, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 478-161-031 Appeal of change of residence determination.

Any student wishing to appeal a decision of the residence classification office may request administrative review through the University of Washington, residence classification review committee. The residence classification review committee shall be composed of at least four persons appointed by the vice provost for academic and student affairs or designee.

Appeals may be submitted by written or oral request to the residence classification office within twenty-one days from the date of the emailed residency decision required by WAC 478-161-030. Written appeals are strongly preferred, and may be made by the student submitting a written statement describing why the student believes the decision was incorrect. The residence classification review committee will consider the student's statement of appeal and the student's residency file as of the time of the residence classification office's decision. Decisions of the residence classification review committee shall be rendered within twenty days of the request for the review. Decisions shall be in writing, and may be transmitted electronically (e.g., by email). The residence classification review committee shall issue the institution's final decision.

History

• Statutory Authority: RCW 28B.20.130. WSR 21-11-059, § 478-161-031, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 478-161-040 International students—Accident insurance requirement.

All F-1 and J-1 eligible international students enrolled in a program of study with an I-20 or DS 2019 issued by the University of Washington are required to purchase the UW International Student Health Insurance Plan (ISHIP) while attending the University of Washington.

History

• Statutory Authority: RCW 28B.20.130. WSR 21-11-059, § 478-161-040, filed 5/14/21, effective 6/14/21.

Chapter 478-165 Cost savings in course materials.

Wash. Admin. Code § 478-165-010 Authority.

Pursuant to the requirements of RCW 28B.10.590, the board of regents of the University of Washington has established these rules regarding promoting cost savings in course materials for students at the University of Washington.

History

• Statutory Authority: RCW 28B.10.590 and 28B.20.130. WSR 07-16-034, § 478-165-010, filed 7/23/07, effective 8/23/07.

Wash. Admin. Code § 478-165-020 Policy.

It is declared the policy of the University of Washington that students should have increased choices for purchasing lower cost educational materials. Faculty and staff are encouraged to work closely with book stores and publishers to implement these rules and to find the least costly options for course materials without sacrificing educational content, and to provide maximum cost savings to students.

History

• Statutory Authority: RCW 28B.10.590 and 28B.20.130. WSR 07-16-034, § 478-165-020, filed 7/23/07, effective 8/23/07.

Wash. Admin. Code § 478-165-030 Definitions.

(1) "Materials" means any supplies or texts required or recommended by faculty or staff of the University of Washington for a given course.

(2) "Bundled" means a group of objects joined together by packaging or required to be purchased as an indivisible unit.

History

• Statutory Authority: RCW 28B.10.590 and 28B.20.130. WSR 07-16-034, § 478-165-030, filed 7/23/07, effective 8/23/07.

Wash. Admin. Code § 478-165-040 Affiliated book store responsibilities.

In making course materials available for purchase, any University of Washington affiliated book store should:

(1) Provide students the option of purchasing materials that are unbundled when possible;

(2) Disclose to faculty and staff the costs to students of purchasing materials, and work with faculty and staff to encourage publishers to provide information showing how new editions vary from previous editions and to make this information available publicly;

(3) Actively promote and publicize book buy-back programs;

(4) Disclose retail costs for course materials on a per course basis to faculty and staff and make this information publicly available; and

(5) Disclose information to students on required course materials including, but not limited to, title, authors, edition, price, and International Standard Book Number (ISBN) at least four weeks before the start of the class for which the materials are required. The provost may waive the disclosure requirement provided in this subsection on a case-by-case basis, if students may reasonably expect that nearly all information regarding course materials is available four weeks before the start of the class for which the materials are required. The requirement provided in this subsection does not apply if the faculty member using the course materials is hired four weeks or less before the start of class.

History

• Statutory Authority: RCW 28B.10.590, 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-24-093, § 478-165-040, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 28B.10.590 and 28B.20.130. WSR 07-16-034, § 478-165-040, filed 7/23/07, effective 8/23/07.

Wash. Admin. Code § 478-165-050 Faculty and staff obligations.

In assigning course materials, faculty and staff members shall consider the least costly practices which may include, but are not limited to, adopting the least expensive edition of materials available, consistent with copyright restrictions, adopting free, open textbooks when available, and working with librarians to provide compilations of web and library resources that are freely available to students, when educational content is comparable as determined by the faculty.

History

• Statutory Authority: RCW 28B.10.590, 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-24-093, § 478-165-050, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 28B.10.590 and 28B.20.130. WSR 07-16-034, § 478-165-050, filed 7/23/07, effective 8/23/07.

Chapter 478-168 Regulations for the University of Washington libraries.

Wash. Admin. Code § 478-168-010 University of Washington libraries and Marian Gould Gallagher Law Library—Legal authority to enact.

Pursuant to the authority granted by RCW 28B.20.130, chapter 223, Laws of 1969 ex. sess. (RCW 28B.20.130), and section 2, chapter 279, Laws of 1971 ex. sess. (RCW 28B.15.031), the board of regents of the University of Washington has established the following regulations governing the service schedules for and the lending of library materials from library facilities devoted mainly to the educational or research activities of the University of Washington.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-010, filed 6/28/95, effective 9/18/95
• Order 72-3, § 478-168-010, filed 8/7/72.

Wash. Admin. Code § 478-168-020 University of Washington libraries and Marian Gould Gallagher Law Library—Purpose of libraries' existence.

The libraries constitute a vital instructional arm of the University of Washington and exist primarily to contribute to the university's teaching and research functions. In addition, the libraries seek to serve the citizens of the state of Washington, consistent with their primary function and within the limits of their resources.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-020, filed 6/28/95, effective 9/18/95
• Order 72-3, § 478-168-020, filed 8/7/72.

Wash. Admin. Code § 478-168-035 University of Washington libraries and Marian Gould Gallagher Law Library—Service schedule.

(1) Business hours are based on the identifiable needs of the university community as a whole and in consideration of the staff made available to support public service activities of the libraries.

(2) All libraries may close on legal and university holidays. Such closures are posted at the respective library locations seven days in advance.

(3) Unscheduled closures may be declared by the dean of university libraries or his/her designee, for the University of Washington libraries. The director of the Marian Gould Gallagher Law Library or his/her designee will have responsibilities for determining unscheduled closures for the Marian Gould Gallagher Law Library. Unscheduled closures will be due to staffing or physical plant problems beyond the libraries' control which constitute a threat to life, limb, essential creature comforts or utility of the facilities by users and staff.

History

• Statutory Authority: RCW 28B.20.130 and UWBR Standing Orders, chapter 1, § 2. WSR 05-21-133, § 478-168-035, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-035, filed 6/28/95, effective 9/18/95.

Wash. Admin. Code § 478-168-070 Marian Gould Gallagher Law Library—Access to facilities.

(1) Access to the Marian Gould Gallagher Law Library is limited. Only University of Washington faculty and University of Washington law school students may use the library as a study hall (i.e., for use not related to that library's materials). In general, the library is open for use by any person having need of the library's legal materials. However, when necessary to serve University of Washington faculty and University of Washington law school students effectively, the law librarian may restrict access to the library or any part of the library.

(2) The law librarian may designate an area of the library for the exclusive use of faculty. Materials located in any area designated exclusively for faculty may be taken by library staff for the limited use of other patrons.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-070, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-070, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130. WSR 85-14-035 (Order 85-1), § 478-168-070, filed 6/27/85
• Order 72-3, § 478-168-070, filed 8/7/72.

Wash. Admin. Code § 478-168-080 Marian Gould Gallagher Law Library—Use of materials.

(1) In the use of library materials, the Marian Gould Gallagher Law Library serves the students, faculty, and staff of the law school, the students, faculty, and staff of other university departments, faculty of other colleges and universities, librarians of other libraries, judges, members of the Washington bar and persons who have a degree from the law school. The law librarian has discretion to specify other groups of patrons and to set priorities of use among all groups of patrons. However, University of Washington law school faculty and law school students have priority when other patrons need the same materials. The law librarian also has discretion to establish restrictions specific to particular library materials or a single library item.

(2) Circulation regulations may differ according to type of material and usage.

(3) Because of the reference nature of some of the collection, some materials do not circulate and must be used in the library. The law librarian shall define the phrase "in the library."

(4) Each borrower is responsible for materials he or she checks out at the circulation desk.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-080, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-080, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130. WSR 85-14-035 (Order 85-1), § 478-168-080, filed 6/27/85
• Order 72-3, § 478-168-080, filed 8/7/72.

Wash. Admin. Code § 478-168-092 Marian Gould Gallagher Law Library—Student identification cards—Conditions of use.

(1) University of Washington law school students must carry official identification cards to enter the library when it is not staffed.

(2) An identification card is authorized for use only by the student whose name appears on the card.

(3) Student identification must be presented for the completion of each in-person circulation transaction.

(4) Each student must maintain current validation of the student's card.

(5) Each student must keep the appropriate university office informed of changes of name and address.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-092, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-092, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130. WSR 85-14-035 (Order 85-1), § 478-168-092, filed 6/27/85.

Wash. Admin. Code § 478-168-094 Marian Gould Gallagher Law Library—Official registration of other library users.

(1) All library users other than University of Washington faculty, staff, and students must complete a registration form for library records at the circulation desk.

(2) Information required includes name, permanent address, and additional requested contact information.

(3) Each borrower must keep the appropriate university office informed of changes of name, permanent address, and additional requested contact information.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-094, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-094, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130. WSR 85-14-035 (Order 85-1), § 478-168-094, filed 6/27/85.

Wash. Admin. Code § 478-168-096 Marian Gould Gallagher Law Library—Registration by library users—Procedures.

(1) All eligible library users other than University of Washington faculty, staff, and students must present identification and register at the circulation desk upon entering the library.

(2) Identification and visitor's permits shall be as specified by the law librarian.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-096, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-096, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130. WSR 85-14-035 (Order 85-1), § 478-168-096, filed 6/27/85.

Wash. Admin. Code § 478-168-160 University of Washington libraries—Loan code—Purpose.

The board of regents of the University of Washington has established the following regulations which govern the lending of library material from the University of Washington libraries (excluding the Marian Gould Gallagher Law Library and the Elisabeth C. Miller Library in the center for urban horticulture).

The loan code for the University of Washington libraries is contained in WAC 478-168-160 through 478-168-390.

History

• Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-160, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-160, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-160, filed 9/7/79
• Order 73-1, § 478-168-160, filed 1/8/73.

Wash. Admin. Code § 478-168-180 Identification card—Conditions of use.

(1) Each borrower is responsible for obtaining an official identification card from the appropriate university office or a library borrower's card from the library account services.

(2) An identification card is authorized for use only by the individual whose name appears on the card.

(3) Official identification must be presented for the completion of each in-person circulation transaction.

(4) Each borrower is responsible for materials checked out on his or her University of Washington identification card or library borrower's card. Library materials are not to be loaned to others.

(5) All borrowers are responsible for keeping the appropriate university office informed of changes of address.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-180, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-168-180, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR Standing Orders, chapter 1, § 2. WSR 05-21-133, § 478-168-180, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-180, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-180, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-180, filed 9/7/79
• Order 73-1, § 478-168-180, filed 1/8/73.

Wash. Admin. Code § 478-168-190 Disclosure of library user identity.

Unless otherwise required by law, all library records that contain information about individual users of library services are confidential.

History

• Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-190, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-190, filed 9/7/79
• Order 73-1, § 478-168-190, filed 1/8/73.

Wash. Admin. Code § 478-168-270 Date library material is due.

Material is due on the date and hour specified at the time checked out or as adjusted by recall. If the hour is not specified, material is due at midnight on the date specified.

History

• Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-270, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-270, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-270, filed 9/7/79
• Order 73-1, § 478-168-270, filed 1/8/73.

Wash. Admin. Code § 478-168-280 Return of library material.

(1) Reserve material must be returned directly to the unit from which it is borrowed. If it is returned elsewhere, it is considered to be returned at the time it is received at the unit from which it was borrowed. Special material may be designated for return directly to the unit from which it is borrowed.

(2) All other material is considered returned the date it is returned to any library unit in the system.

(3) Material returned to the outside book drop when the library unit is closed will be considered returned as of closing time the previous day the library was open.

History

• Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-280, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-280, filed 9/7/79
• Order 73-1, § 478-168-280, filed 1/8/73.

Wash. Admin. Code § 478-168-310 Fines and charges.

(1) All borrowers are subject to a uniform system of fines and charges for late return of library material and for replacement costs when required. The dean of university libraries or his or her designee will set the schedule of fines and charges on a regular basis.

(2) The approved schedule of fines and charges will be available on the University of Washington libraries website.

(3) Fines are monetary sanctions for the late return of material.

(4) A fee is levied to defray the costs incurred by the libraries in billing, processing sanctions, and other activities related to the recovery of material.

(5) Replacement charges are levied to pay for the replacement of material. The replacement charges include the cost of the material and the cost of processing the material for the shelves. All library materials, regardless of fines and fees paid, remain state property.

(6) Binding, mending, and damage charges are levied to repair material, to prepare replacement materials for circulation or to compensate for the decreased value of materials due to irreparable damage.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-310, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 28B.20.130, 28B.15.031 and UWBR Standing Orders, chapter 1, § 2. WSR 05-21-133, § 478-168-310, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-310, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-310, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-310, filed 9/7/79
• Order 73-1, § 478-168-310, filed 1/8/73.

Wash. Admin. Code § 478-168-320 Notices and invoices.

(1) All notices and invoices for library charges will be sent via United States first class, campus or electronic mail.

(2) Failure to receive a notice or invoice does not exempt the borrower from charges.

History

• Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-320, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-320, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-320, filed 9/7/79
• Order 73-1, § 478-168-320, filed 1/8/73.

Wash. Admin. Code § 478-168-325 Payment of fines and charges.

Fines and charges should be remitted to the library account services unless the charges have been referred to the collection agency. Departmental purchase orders are not acceptable on the basis that fines and charges may not be appropriately paid by departmental, grant or other funds controlled by the university.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-168-325, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-325, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-325, filed 6/28/95, effective 9/18/95.

Wash. Admin. Code § 478-168-380 Appeal of library charges.

(1) The libraries have the right to reduce or forgive fines and charges for borrowers in accordance with the guidelines available on the University of Washington libraries website. Borrowers can appeal unresolved problems to the library fines appeals committee.

(2) The libraries inform potential appellants of the availability of the appeals process at the time of billing and in all correspondence regarding the application of sanctions.

(3) Meetings of the libraries fines appeals committee are considered brief adjudicative procedures as defined by the Administrative Procedure Act (chapter 34.05 RCW). Committee meetings are conducted in conformance with the act and other applicable laws.

(4) A completed appeals form must be submitted within six months of billing for the charges to be appealed.

History

• Statutory Authority: RCW 28B.20.130. WSR 15-15-068, § 478-168-380, filed 7/13/15, effective 8/13/15
• WSR 04-13-087, § 478-168-380, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-380, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-380, filed 9/7/79
• Order 73-1, § 478-168-380, filed 1/8/73.

Wash. Admin. Code § 478-168-390 Failure to pay library charges and misuse of library privileges.

(1) Failure to pay library charges and/or return library material may result in:

(a) Holds being placed on student records.

(b) Cancellation or blocking of registration for students.

(c) Collection processing by the libraries and/or campus agencies designated by the University of Washington. Such accounts may also be reported to credit bureaus and/or litigation instituted.

(d) Revocation of borrowing privileges.

(e) Civil or criminal action against the borrower.

(f) Any combination thereof.

(2) Misuse of library privileges may result in revocation of borrowing privileges by the dean of university libraries or his/her designee.

History

• Statutory Authority: RCW 28B.20.130, 28B.15.031 and UWBR Standing Orders, chapter 1, § 2. WSR 05-21-133, § 478-168-390, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.20.130. WSR 04-13-087, § 478-168-390, filed 6/17/04, effective 9/21/04. Statutory Authority: RCW 28B.15.031 and 28B.20.130. WSR 95-14-045, § 478-168-390, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). WSR 79-10-016 (Order 79-4), § 478-168-390, filed 9/7/79
• Order 73-1, § 478-168-390, filed 1/8/73.

Chapter 478-250 Governing indexing of public records.

Wash. Admin. Code § 478-250-010 Purpose.

This chapter is enacted by the board of regents of the University of Washington in compliance with chapter 42.56 RCW, "Public records"; and chapter 34.05 RCW, "Administrative Procedure Act"; and in particular with RCW 42.56.070 and 34.05.220.

History

• Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-250-010, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-250-010, filed 4/24/91, effective 5/25/91.

Wash. Admin. Code § 478-250-050 University rules coordination.

(1) Coordination of university rules shall be conducted by the rules coordination office, which reports to the office of the president.

(2) The director of the rules coordination office shall have knowledge of the subjects of rules being proposed or prepared within the university, maintain the records of any such action, and respond to public inquiries about possible, proposed, or existing rules and the identity of university personnel developing, reviewing, or commenting on them.

History

• Statutory Authority: RCW 28B.20.130. WSR 07-03-069, § 478-250-050, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW, RCW 42.17.260 and 42.17.290. WSR 05-08-064, § 478-250-050, filed 3/31/05, effective 5/1/05. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-250-050, filed 5/23/01, effective 6/23/01
• WSR 97-14-004, § 478-250-050, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-250-050, filed 4/24/91, effective 5/25/91.

Wash. Admin. Code § 478-250-060 Rule indexing.

(1) Content. The university rules coordination office shall maintain an index of final orders, declaratory orders, interpretive statements, and policy statements, as defined by RCW 42.56.070(5), issued after June 30, 1990, by the board of regents of the University of Washington, the president of the University of Washington, or their designees.

(2) Form. The index shall reference final orders, declaratory orders, interpretive statements, or policy statements by one or more of the following classifications: Date of implementation, organizational unit, or subject matter.

History

• Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-250-060, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW, RCW 42.17.260 and 42.17.290. WSR 05-08-064, § 478-250-060, filed 3/31/05, effective 5/1/05. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 97-14-004, § 478-250-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-250-060, filed 4/24/91, effective 5/25/91.

Wash. Admin. Code § 478-250-070 Requests for access to indexes.

Information regarding public inspection of indexes, their location, and a schedule for revising and updating these indexes can be obtained by contacting the director of the public records and open public meetings office, in accordance with WAC 478-276-060.

History

• Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-250-070, filed 5/23/01, effective 6/23/01. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-250-070, filed 4/24/91, effective 5/25/91.

Chapter 478-276 Governing access to public records.

Wash. Admin. Code § 478-276-010 Purpose.

WAC 478-276-010

This chapter is enacted by the board of regents of the University of Washington in compliance with the Public Records Act. The university adopts these rules and regulations so as to provide fullest assistance to requestors and full public access to the university's public records while protecting those records from damage or disorganization; preventing excessive interference with other essential university functions, including the university's core education and research missions; and not unreasonably disrupting university operations.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-010, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-010, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-276-010, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-276-010, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-010, filed 10/2/81
• Order 73-5, § 478-276-010, filed 5/29/73.

Wash. Admin. Code § 478-276-020 Definitions.

(1) "Business days" are weekdays, Monday through Friday, excluding official Washington state holidays and university closures.

(2) "Public Records Act" means chapter 42.56 RCW.

(3) "Public records office" means the university's office of public records and open public meetings.

(4) "University" means the state university established under chapter 28B.20 RCW and designated the University of Washington.

History

• Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-020, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-276-020, filed 5/23/01, effective 6/23/01
• Order 73-5, § 478-276-020, filed 5/29/73.

Wash. Admin. Code § 478-276-050 Public records available.

The university's public records are available for public inspection and copying pursuant to these rules, except as otherwise provided by law.

History

• Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-050, filed 2/19/13, effective 3/22/13
• Order 73-5, § 478-276-050, filed 5/29/73.

Wash. Admin. Code § 478-276-060 Public records officer.

The university's public records officer is the director of the public records office. The contact information for the public records officer is set forth under WAC 478-276-140.

History

• Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-060, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130. WSR 07-03-069, § 478-276-060, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-276-060, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. WSR 06-13-021, § 478-276-060, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-276-060, filed 5/23/01, effective 6/23/01
• WSR 97-14-004, § 478-276-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-276-060, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-060, filed 10/2/81
• Order 73-5, § 478-276-060, filed 5/29/73.

Wash. Admin. Code § 478-276-080 Requests for public records.

WAC 478-276-080

All requests under the Public Records Act to inspect or copy public records shall be in writing and shall be directed to the university's public records officer at the web portal or mailing address set forth in WAC 478-276-140. Requests may also be placed in the Request Drop Box at any time located at the south entrance to UW Tower, 4333 Brooklyn Ave. N.E., Seattle, WA 98105. The request shall include the following information:

(1) The requestor's name, email address or street address, and telephone number; and

(2) A request for identifiable public records.

An identifiable public record is one for which the requestor has given a reasonable description enabling the university to locate the requested record.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-080, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-080, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-276-080, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-276-080, filed 5/23/01, effective 6/23/01
• WSR 97-14-004, § 478-276-080, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-276-080, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-080, filed 10/2/81
• Order 73-5, § 478-276-080, filed 5/29/73.

Wash. Admin. Code § 478-276-085 Responses to public records requests.

WAC 478-276-085

(1) Responses generally. The public records office shall respond within five business days of receiving a public records request by:

(a) Providing the records;

(b) Providing an internet address and link to the records on a website;

(c) Acknowledging that the request has been received and providing a reasonable estimate of the time required to respond to the request; or

(d) Denying the request.

(2) Additional time. Additional time for the office to respond to a request may be based upon the need to:

(a) Clarify the request;

(b) Locate, assemble, and review the records requested;

(c) Notify third parties or agencies affected by the request or provide other notifications as required or allowed by law; or

(d) Determine whether any exemptions apply to the records requested or that a denial should be made to all or part of the request.

(3) Request for clarification. If all or part of a public records request is unclear, the public records office may ask the requestor to clarify the request. If the requestor does not respond to a request for clarification or otherwise fails to clarify the records request within 15 business days, the university need not respond to any portion that is unclear. If the entire request is unclear and the requestor does not respond to the request for clarification or otherwise fails to clarify the request within 15 business days, the university may consider the request abandoned and close it in accordance with WAC 478-276-105.

(4) Installments. When it appears that the number of records responsive to a request may be large; that the process of locating, assembling, or reviewing the records may be lengthy; or when it is otherwise appropriate; the public records office may choose to provide records on a partial or installment basis. For the purposes of WAC 478-276-090 through 478-276-105, and unless otherwise provided under these rules, each installment of records shall be treated as a separate public records request.

(5) Customized service charge. Where the public records office deems it appropriate, the university may choose to provide customized services to provide access to public records; however, any requestor seeking such customized services must pay in advance for university staff time and any other direct costs related to providing such a customized service. Because the university maintains records in a wide variety of formats, the viability of providing this service is evaluated on a case-by-case basis.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-085, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-085, filed 2/19/13, effective 3/22/13.

Wash. Admin. Code § 478-276-090 Notice of availability.

WAC 478-276-090

(1) Notice of availability generally. Once records responsive to a request (or any installment thereof) have been located, assembled, reviewed, and prepared for release, and any affected third parties or agencies notified, the public records office shall promptly notify the requestor that those records are available for inspection or copying.

(2) Statement of copying, mailing, or other costs. The notice of availability will state any costs for obtaining a copy of the records and any other allowable costs under WAC 478-276-100 or the Public Records Act.

(3) Response to notice of availability. Upon receipt of a notice of availability, the requestor may inspect or request copies of the records by:

(a) Retrieving records from the portal subject to payment of any copying or other charges as set forth under WAC 478-276-100;

(b) Scheduling a viewing appointment with the public records office as provided under WAC 478-276-095;

(c) Scheduling a pickup appointment with the public records office and requesting a copy of the requested records be held for pickup at the public records office subject to payment of any copying or other charges as set forth under WAC 478-276-100; or

(d) Requesting that a copy of the requested records be mailed to the requestor (subject to payment of any copying or other charges as set forth under WAC 478-276-100).

(4) Failure to respond to notice of availability. If, within 15 business days of issuance of a notice of availability, the requestor fails to claim the records (or any installment thereof) by scheduling a viewing appointment or requesting copies and making any required payment, the public records office may consider the request closed. If a requestor fails to pick up copies of the records (or any installment thereof) in person, or schedule an appointment to view them, within 15 days of being notified of their availability following payment, the public records office may consider the request closed. In such cases, the public records office may cease locating, assembling, reviewing, or otherwise processing any remaining records, and it may dispose of any copies of records made available as provided under WAC 478-276-105.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-090, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-090, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-090, filed 10/2/81
• Order 73-5, § 478-276-090, filed 5/29/73.

Wash. Admin. Code § 478-276-095 Viewing appointments.

WAC 478-276-095

(1) No fee. No fee shall be charged for inspecting records at the university's public records office.

(2) By appointment only. In-office inspections are by appointment only during regular office hours: Monday through Friday 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., excluding university holidays, university closures, and such other closures as may be posted on the public records office's website.

(3) Scheduling appointments. In-office inspections must be scheduled in advance by contacting the public records office (see WAC 478-276-140).

(4) Protection of public records. Access to records during viewing appointments shall be restricted to the viewing area designated by the public records office. No record shall be removed by a member of the public from the viewing area for any reason whatsoever; nor shall any member of the public who is viewing records disassemble, deface, or cause the disorganization of any record for any reason whatsoever. A public records office staff member may observe any inspection to ensure that records are not disorganized, defaced, or otherwise harmed.

(5) Identification of records reviewed. At the end of each viewing appointment, the requestor will identify to the public records office staff those records reviewed during the appointment. If any records remain to be reviewed, another viewing appointment must be scheduled at that time. Reviewed records, or remaining records for which no further viewing appointment has been scheduled, are subject to disposition as provided under WAC 478-276-105.

(6) Obtaining copies at viewing appointments. At the end of each viewing appointment, the requestor shall identify to the public records office staff any records he or she would like copied. The public records office staff will arrange to provide such copies in as timely a manner as possible in view of all circumstances, including the volume of copies requested, any pending copying requests, time of day, staff resources, and any other relevant considerations. Records identified for copying during viewing appointments are subject to prepayment of any copying or other costs in accordance with WAC 478-276-100. Requestors may not make their own copies of public records during viewing appointments.

(7) Failure to attend a scheduled viewing appointment. A requestor who fails to attend a scheduled viewing appointment must contact the public records office within 15 business days to reschedule the missed appointment. Unless otherwise permitted by the public records office, a viewing appointment may not be rescheduled more than two times. If a requestor fails to reschedule a missed viewing appointment within 15 business days or has already rescheduled the appointment two times, the public records office may consider the request closed and may dispose of any copies of records made available in accordance with WAC 478-276-105.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-095, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-095, filed 2/19/13, effective 3/22/13.

Wash. Admin. Code § 478-276-100 Copying fees.

WAC 478-276-100

(1) Copying costs. Pursuant to RCW 42.56.120(2), the University of Washington declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions. Therefore, the University of Washington adopts the following fees consistent with the fee schedule established in RCW 42.56.120:

(a) Fifteen cents per page for photocopies of public records or printed copies of electronic public records when requested by the person requesting records;

(b) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;

(c) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and

(d) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The university shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and

(e) The actual cost of any digital storage media or device provided by the university, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

(2) Charges. The charges in subsection (1) of this section may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

(3) Deposits. The university may require a 10 percent deposit on copying or other charges. Any required deposit must be paid before the request is processed.

(4) Prepayment. The public records office shall not release any requested copies of public records unless and until the requestor has paid all copying and other charges as set forth above. Fee waivers are an exception and are available at the discretion of the public records officer. If payment is not received by the public records office within 15 business days of issuance of the university's notice of availability, the university may consider the request closed, and any copies of records responsive to such request shall be subject to disposition as provided under WAC 478-276-105.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-100, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130, 42.56.100, 42.56.040(1), and 42.56.120 as amended by 2017 c 304. WSR 18-05-044, § 478-276-100, filed 2/13/18, effective 3/16/18. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-100, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-276-100, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-276-100, filed 5/23/01, effective 6/23/01
• WSR 97-14-004, § 478-276-100, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-276-100, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-100, filed 10/2/81
• Order 73-5, § 478-276-100, filed 5/29/73.

Wash. Admin. Code § 478-276-105 Closing public records requests.

WAC 478-276-105

(1) Closing requests generally. Once the requestor has reviewed or been provided with copies of the records made available in response to his or her request, that request shall be deemed closed; provided, however, that with respect to any installment of records other than the final installment, and except as otherwise provided in these rules (including, without limitation subsection (2) of this section), the foregoing shall apply only to that installment, not the entire request.

(2) Other closing events. A request may also be deemed closed:

(a) If a requestor does not respond to a request for clarification or otherwise fails to clarify within 15 business days and the entire request is unclear;

(b) If the requestor fails to make a required deposit or payment for requested copies within 15 business days of the notification as provided under WAC 478-276-100;

(c) If the requestor fails to respond to a notice of availability as provided under WAC 478-276-090;

(d) If all records identified in any notice of availability (including a notice with respect to an installment of records) have not been inspected, scheduled for inspection, paid for, or picked up within 15 business days of issuance of such notice of availability; or

(e) As otherwise provided under these rules or by law.

(3) Disposition of records upon closing. Upon the closing of a request, originals of any records assembled in response to the request shall be refiled, and any copies of records may be destroyed.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-105, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-105, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 97-14-004, § 478-276-105, filed 6/19/97, effective 7/20/97.

Wash. Admin. Code § 478-276-110 Exemptions and court protection.

WAC 478-276-110

(1) Exemptions generally. The university reserves the right to determine that a public record requested in accordance with WAC 478-276-080, or any portion thereof, is exempt under the Public Records Act.

(2) Commercial purposes. The Public Records Act prohibits the university from disclosing lists of individuals requested for commercial purposes.

(3) Identification of exemptions. Public records office responses denying inspection of any record, in whole or in part, shall include a statement of the specific exemption(s) authorizing the withholding of the record (or portion thereof) and a brief explanation of how the exemption applies to the record or information withheld.

(4) Enjoining inspection. Pursuant to the Public Records Act, the university reserves the right to seek to enjoin the inspection of any specific record, or portion thereof, if the university determines that inspection would clearly not be in the public interest and would substantially and irreparably damage any person or would substantially and irreparably damage vital governmental functions.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-110, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-110, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. WSR 06-17-131, § 478-276-110, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. WSR 91-10-031, § 478-276-110, filed 4/24/91, effective 5/25/91
• Order 73-5, § 478-276-110, filed 5/29/73.

Wash. Admin. Code § 478-276-120 Review of denials of public records requests.

WAC 478-276-120

(1) Petition for internal administrative review of denial of access. Once a request is closed, a requestor who objects to a denial or partial denial of a records request may petition in writing to the public records officer for a prompt review of that decision. The petition shall include a request for review under RCW 42.56.520(4), a copy of the written statement in which the university denied or partially denied the request, and a brief explanation of the portions of the response for which review is requested.

(2) Consideration of petition for review. The public records office shall promptly provide the petition and any other relevant information to the agency official designated to conduct the review. The official shall consider the petition and affirm or reverse the denial in writing to the requestor.

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-120, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-120, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-276-120, filed 5/23/01, effective 6/23/01. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-120, filed 10/2/81
• Order 73-5, § 478-276-120, filed 5/29/73.

Wash. Admin. Code § 478-276-140 Public records address.

WAC 478-276-140

The university's public records officer may be contacted at the following web address, physical address, telephone numbers, or email address:

Office of Public Records and Open Public Meetings

University of Washington

4320 Brooklyn Ave. N.E., Suite 400

Seattle, WA 98105

Telephone: 206-543-9180

Email: pubrec@uw.edu

Web address: https://www.washington.edu/publicrecords/

History

• Statutory Authority: RCW 28B.20.130. WSR 26-13-059, s 478-276-140, filed 6/12/26, effective 7/13/26. Statutory Authority: RCW 28B.20.130 and chapter 42.56 RCW. WSR 13-05-073, § 478-276-140, filed 2/19/13, effective 3/22/13. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. WSR 06-13-021, § 478-276-140, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130 and chapter 42.17 RCW. WSR 03-12-007, § 478-276-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. WSR 01-11-136, § 478-276-140, filed 5/23/01, effective 6/23/01
• WSR 97-14-004, § 478-276-140, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130(1). WSR 81-20-049 (Order 81-2), § 478-276-140, filed 10/2/81
• Order 73-5, § 478-276-140, filed 5/29/73.

Chapter 478-324 Rules and regulations for the University of Washington implementation of the State Environmental Policy Act.

Wash. Admin. Code § 478-324-010 Authority.

The University of Washington adopts these procedures under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.

History

• Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-010, filed 10/2/84. Formerly chapter 478-325 WAC.

Wash. Admin. Code § 478-324-020 Adoption by reference.

The university hereby adopts by reference the following sections of the SEPA rules, chapter 197-11 of the Washington Administrative Code.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-324-020, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-020, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-020, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-020, filed 10/2/84.

Wash. Admin. Code § 478-324-030 Additional consideration in timing of threshold determination and EIS process.

(1) For project-type actions involving construction or modification of facilities, the threshold determination, DNS, mitigated-DNS, or draft EIS shall be completed no later than the authorization to prepare construction documents. When an EIS is required, the final EIS shall be issued no later than seven days prior to the award of a construction contract.

(2) For nonproject-type actions, the threshold determination, DNS, mitigated-DNS, or EIS shall be completed prior to final approval or adoption of the proposal by the board of regents or agent delegated by the board to take such action. When an EIS is required, the final EIS shall be issued no later than seven days prior to the approval or adoption of a proposal.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-030, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-030, filed 10/2/84.

Wash. Admin. Code § 478-324-040 SEPA advisory committee established for environmental review.

A SEPA advisory committee (the committee) shall be established to assist the university with environmental review and with integrating SEPA procedures with the planning and decision-making process. The committee shall aid the university in complying with the State Environmental Policy Act (chapter 43.21C RCW) and State Environmental Policy Act rules (chapter 197-11 WAC), except for those actions pertaining to the metropolitan tract. The committee shall consist of members representing the students, faculty, and staff of the university and shall be appointed by the president. It shall be the mission of the committee to ensure that sound decision making at the university includes early consideration of environmental values and goals and timely preparation and review of environmental analysis.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-040, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-040, filed 10/2/84.

Wash. Admin. Code § 478-324-045 SEPA advisory committee responsibility.

(1) The responsible official shall consult with the committee as follows:

(a) After completion of an environmental checklist but before threshold determination.

(b) Prior to the responsible official's reconsideration of the threshold determination if substantive comments have been received regarding the DNS.

(c) Prior to the responsible official issuing a mitigated DNS.

(d) Prior to the issuance of a scoping notice.

(e) Prior to the publication of any draft EIS.

(f) Prior to the publication of any final EIS.

(2) Committee review of scoping notice, DNS, and mitigated DNS may occur without a formal meeting.

(3) The university shall give the committee notice of public hearings on the environmental impact of a proposal.

(4) The committee's recommendations shall be advisory and shall not relieve the responsible officials of their responsibilities as established by these procedures.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-324-045, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-045, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-045, filed 1/25/00, effective 2/25/00.

Wash. Admin. Code § 478-324-060 Additional considerations in determination of nonsignificance.

(1) The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the city-university community advisory committee, and the SEPA advisory committee.

(2) If the university withdraws a DNS and makes a new threshold determination, the responsible official shall send notice of any withdrawn DNS and new threshold determination to agencies with jurisdiction, the city-university community advisory committee, and the SEPA advisory committee.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-060, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-060, filed 10/2/84.

Wash. Admin. Code § 478-324-070 Additional considerations in mitigated DNS.

(1) In consultation with the SEPA advisory committee, the responsible official will determine if there are mitigating measures and clarifications or changes to the environmental checklist which would reduce impacts to the extent that a mitigated DNS could be issued.

(2) All mitigation measures in a mitigated DNS for a proposed project shall be included in the final project, with the exception of any measures clearly the responsibility of another agency.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-070, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-070, filed 10/2/84.

Wash. Admin. Code § 478-324-090 Additional considerations in determination of significance and scoping.

(1) Scoping shall be used for EISs and supplemental EISs.

(2) The university shall notify members of the SEPA advisory committee, the city-university community advisory committee, agencies with jurisdiction, and others on the university SEPA mailing list of the DS and the initiation of this scoping process. Written comments shall be provided to the university within twenty-one days of the issuance of the DS.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-090, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-090, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-090, filed 10/2/84.

Wash. Admin. Code § 478-324-100 Additional consideration of EIS content.

Where the university is lead agency, the EIS preparers of the university shall determine the organization of the EIS, even though other agencies with jurisdiction are involved with the proposal.

History

• Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-100, filed 10/2/84.

Wash. Admin. Code § 478-324-110 Additional recipients of DEIS.

(1) The university shall send copies of the draft EIS to the SEPA advisory committee and the city-university community advisory committee.

(2) The university shall provide notice of the draft EIS to all individuals, organizations and agencies who provided comment during the scoping process.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-110, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-110, filed 10/2/84.

Wash. Admin. Code § 478-324-120 Additional recipients of FEIS.

(1) The university shall send copies of the final EIS to the SEPA advisory committee and the city-university community advisory committee.

(2) The responsible official shall send notice of availability of the final EIS to anyone who received and/or commented on the DEIS.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-120, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-120, filed 10/2/84.

Wash. Admin. Code § 478-324-130 Establishment of the SEPA information website.

(1) The University of Washington capital planning and development office shall serve as the location for the university's SEPA information website.

(2) The following documents shall be maintained at the SEPA information website:

(a) All SEPA public information registers for a period of one year from the date of publication.

(b) All environmental checklists, determinations of nonsignificance and determinations of significance for a period of one year from the date of issue.

(c) All current scoping and public hearing notices.

(d) All draft and final EISs for a period of three years after the date of publication.

(e) All draft and final EISs which have been incorporated by reference shall be maintained at the SEPA information website for the same time period as the underlying document is maintained.

(f) A current list of individuals designated as responsible officials for university compliance with SEPA.

(g) A current membership list of the SEPA advisory committee.

(h) Agendas and minutes of the SEPA advisory committee for a period of one year after the date of issue.

(3) The documents at the SEPA information website shall be available for public inspection online.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-130, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-324-130, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-324-130, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-130, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-130, filed 10/2/84.

Wash. Admin. Code § 478-324-140 Additional methods of public notice.

The university shall provide public notice of scoping, DNS with comment period, public hearings scheduled in accordance with these procedures and availability of draft and final EISs by providing notice in such form as a press release or advertisement in the online UW Today, University of Washington Daily, and/or in another legal newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., The Seattle Times or Tacoma News Tribune).

History

• Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, chapter 1. WSR 12-03-038, § 478-324-140, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-324-140, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-140, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-140, filed 10/2/84.

Wash. Admin. Code § 478-324-145 No administrative appeal.

There is no administrative appeal of any university determination relating to SEPA. Any appeal must be a judicial appeal under WAC 197-11-680(4).

History

• Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-145, filed 5/22/03, effective 6/22/03.

Wash. Admin. Code § 478-324-150 Additional definitions.

(1) "Final action" means the university's decision to proceed or not proceed with a proposal and is so defined in compliance with public notice requirements, RCW 43.21C.080. For proposals involving a series of decision points, the final action shall be clearly identified in the environmental checklist and/or EIS. The point at which the final action is made during the planning process may vary depending upon the nature of the proposal, but at no time shall the final action occur before fourteen days following issuance of a DNS or seven days following issuance of an FEIS.

(2) "SEPA mailing list" means a current list maintained at the capital planning and development office at the university of all individuals, groups, and agencies who have communicated to the university their interest in SEPA policies, procedures, and documents. This list shall include the city-university community advisory committee and all community organizations represented on the committee, including those with alternative representation.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-150, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-150, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-150, filed 10/2/84.

Wash. Admin. Code § 478-324-160 University compliance with flexible thresholds.

The university will use the flexible thresholds established by the particular jurisdiction in which a university project is located.

History

• Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-160, filed 10/2/84.

Wash. Admin. Code § 478-324-170 Emergencies.

Actions that must be undertaken immediately or within a time too short to allow full compliance with these rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter. Such actions include, but are not limited to, the following:

(1) Emergency pollution control actions responding to accidental discharges, leaks or spills into the air, water, or land.

(2) Implementation of a change in waste disposal procedures caused by unanticipated changes in waste sources which are in compliance with federal and state regulations and standards.

(3) Cleanup or decontamination of academic and research facilities or equipment accidentally exposed or contaminated, to permit maintenance, repair or relocation, when procedures followed are in accordance with federal or state guidelines, recommendations, or standards.

(4) Emergency actions implemented to reduce an imminent hazard to the health and safety of an element of the university resulting from structural failure, equipment malfunction, human error or natural event.

History

• Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-170, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-170, filed 10/2/84.

Wash. Admin. Code § 478-324-180 Designation of responsible official.

The associate vice president for capital planning and development or his or her designee shall serve as the responsible official for all university projects.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-180, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-180, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-180, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-180, filed 10/2/84.

Wash. Admin. Code § 478-324-190 Procedures on consulted agencies.

The capital planning and development office shall be responsible for coordinating, receiving, and reviewing comments and requests for information from agencies regarding threshold determinations, scoping, EISs, and supplemental EISs.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-190, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-190, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-190, filed 10/2/84.

Wash. Admin. Code § 478-324-200 Determining the lead agency.

(1) Except as otherwise specially provided herein, the university shall serve as the lead agency for all proposals.

(2) When the total proposal will involve both private and university construction activity, it shall be characterized as either a private or a university project for the purposes of lead agency designation, depending upon whether the primary sponsor or initiator of the project is the university or a private party. Any project in which university and private interests are too intertwined to make this characterization shall be considered a university project.

(3) The university's responsibilities as lead agency include complying with the threshold determination procedures; the initiation and administration of the scoping process; the supervision or actual preparation of draft EISs, including the circulation of such statements, the conduct of any public hearings or public meetings required by these rules; and the supervision or preparation of required final EISs and supplemental EISs.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-200, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-200, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-200, filed 10/2/84.

Wash. Admin. Code § 478-324-210 Determination of lead unit.

(1) For university actions subject to SEPA, the capital planning and development office shall be charged with the university's lead agency responsibilities.

(2) The capital planning and development office shall have primary university responsibility for providing procedural advice with regard to these rules.

(3) All university units with environmental expertise should strive to make their services available to the capital planning and development office to assist in the university's compliance with SEPA.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-324-210, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-210, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-210, filed 10/2/84.

Wash. Admin. Code § 478-324-220 SEPA policy rule and substantive authority.

In order to carry out the policy of the State Environmental Policy Act, the University of Washington or its agents shall use all practical means, consistent with other essential considerations of state and university policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(2) Assure for all people of Washington safe, healthful, productive, and esthetically and culturally pleasing surroundings;

(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(4) Preserve important historic, cultural, and natural aspects of our national heritage;

(5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

History

• Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-220, filed 10/2/84.

Wash. Admin. Code § 478-324-230 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

History

• Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-230, filed 10/2/84.

Chapter 478-350 Alternative contracting process for the University of Washington.

Wash. Admin. Code § 478-350-010 Authority.

The University of Washington adopts these rules pursuant to RCW 28B.20.140.

History

• Statutory Authority: RCW 28B.20.130 and 28B.20.140. WSR 08-13-074, § 478-350-010, filed 6/16/08, effective 7/17/08.

Wash. Admin. Code § 478-350-020 Purpose.

The purpose of this chapter is to establish a fair, open, and efficient method by which the university may, under certain circumstances, contract for the erection and construction of university buildings or improvements thereto, in lieu of other statutorily authorized contracting methods. These rules are intended to protect the best interests of the university and assure the delivery of quality work and products at a reasonable price under the most advantageous terms.

History

• Statutory Authority: RCW 28B.20.130 and 28B.20.140. WSR 08-13-074, § 478-350-020, filed 6/16/08, effective 7/17/08.

Wash. Admin. Code § 478-350-030 Applicability.

The contracting method set forth in this chapter may be used only when the president of the university finds that all of the following criteria are met:

(1) The buildings or improvements involved are part of the university's intercollegiate athletics facilities, include renovations to Husky Stadium, and have a total project cost in excess of one hundred million dollars;

(2) The design or construction of the building or improvement or its construction schedule may be directly impacted by large construction projects being planned or constructed by other agencies or private developers;

(3) Postponing the building or improvement or delaying it through the use of other contracting methods is likely to have a significant adverse effect on the operation, mission, or financial interests of the university; and

(4) The building or improvement may benefit from a contracting method that integrates services including but not limited to a developer, designer, construction manager and contractor being on the same team and working collaboratively.

A finding by the university president that a project meets all of the above criteria shall be subject to review by the University of Washington board of regents at their discretion.

History

• Statutory Authority: RCW 28B.20.130 and 28B.20.140. WSR 08-13-074, § 478-350-030, filed 6/16/08, effective 7/17/08.

Wash. Admin. Code § 478-350-040 Contracting method.

Upon an approved finding that a project meets the criteria set forth above, the president or the president's designee may proceed to conduct a competitive process that is open, fair, and unbiased and results in one or more contracts with a qualified entity or team on the most advantageous terms. The process must include at least the following elements:

(1) RFQ/RFP. Contracts will be awarded through either a Request for Qualifications (RFQ) or a Request for Proposals (RFP) process or a combination thereof. The RFQ/RFP will include a clear description of what the university believes to be most important about the project as well as the weight of selection criteria.

(2) Public notice. The university shall publish at least once in a legal newspaper of general circulation published in, or as near as possible to, that part of the county in which the project will be constructed, a notice of its RFQ/RFP, and information regarding the availability and location of the RFQ/RFP documents.

(3) Selection criteria. Selection criteria shall include, but are not limited to, qualifications of the project team, technical excellence and competence, experience, capacity to accomplish the work, ability to deliver a quality project, past performance of the team or its constituent members, and price or fee, taking into consideration the estimated cost of construction as well as the long-term performance, operation and maintenance of the building or improvement.

(4) Negotiations. The university shall first attempt to negotiate a contract with the entity deemed to have submitted the best overall response. If such negotiations are not successful, the university may proceed to negotiate with the entity deemed to have submitted the next best response.

History

• Statutory Authority: RCW 28B.20.130 and 28B.20.140. WSR 08-13-074, § 478-350-040, filed 6/16/08, effective 7/17/08.

Wash. Admin. Code § 478-350-050 Prevailing wages, bonds and retainage.

Any contract awarded pursuant to these rules shall require full compliance with applicable sections of chapters 39.08, 39.12, and 60.28 RCW. The selected entity shall also be encouraged to work closely with the university's business diversity program.

History

• Statutory Authority: RCW 28B.20.130 and 28B.20.140. WSR 08-13-074, § 478-350-050, filed 6/16/08, effective 7/17/08.

Chapter 478-355 Small works roster.

Wash. Admin. Code § 478-355-010 Authority.

This chapter is enacted by the board of regents of the University of Washington pursuant to RCW 39.04.155 authorizing the university to establish a small works roster for public works projects with an estimated cost of less than three hundred thousand dollars.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-355-010, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 39.04.155. WSR 01-08-007, § 478-355-010, filed 3/22/01, effective 4/22/01. Statutory Authority: RCW 28B.10.355. WSR 93-24-049, § 478-355-010, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130 and 39.34.080. WSR 86-08-027 (Order 86-1), § 478-355-010, filed 3/26/86.

Wash. Admin. Code § 478-355-020 Purpose.

To expedite the award of public work contracts at minimum cost, the University of Washington executive vice president for finance and administration is authorized to establish a small works roster.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-355-020, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, Chapter 1. WSR 12-03-038, § 478-355-020, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.10.355. WSR 93-24-049, § 478-355-020, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. WSR 88-19-041 (Order 88-01), § 478-355-020, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. WSR 86-08-027 (Order 86-1), § 478-355-020, filed 3/26/86.

Wash. Admin. Code § 478-355-030 Project construction cost.

Whenever the estimated project construction cost of any University of Washington public work is less than three hundred thousand dollars, the University of Washington executive vice president for finance and administration is authorized to use the small works roster in lieu of public advertisement for bids. In the event the legislature further increases the small works roster limit, the university is authorized to use the small works roster for any projects up to the subsequently authorized limit.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-355-030, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, Chapter 1. WSR 12-03-038, § 478-355-030, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 39.04.155. WSR 01-08-007, § 478-355-030, filed 3/22/01, effective 4/22/01. Statutory Authority: RCW 28B.10.355. WSR 93-24-049, § 478-355-030, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. WSR 88-19-041 (Order 88-01), § 478-355-030, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. WSR 86-08-027 (Order 86-1), § 478-355-030, filed 3/26/86.

Wash. Admin. Code § 478-355-040 Procedure for use.

Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder. Bids may be solicited from all appropriate contractors on the roster, or, alternatively, from at least five contractors who have indicated the capability of performing the kind of work being contracted. If the estimated cost of the work is from one hundred thousand dollars to two hundred thousand dollars, and bids are not solicited from all appropriate contractors, all appropriate contractors must be notified that bids are being solicited. Detailed plans and specifications are not required as part of the bid invitation.

History

• Statutory Authority: RCW 39.04.155. WSR 01-08-007, § 478-355-040, filed 3/22/01, effective 4/22/01. Statutory Authority: RCW 28B.20.130. WSR 88-19-041 (Order 88-01), § 478-355-040, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. WSR 86-08-027 (Order 86-1), § 478-355-040, filed 3/26/86.

Wash. Admin. Code § 478-355-050 Applicable statutes.

All statutes pertaining to contracts for public works shall be otherwise fully applicable to contracts awarded through the small works roster procedure.

History

• Statutory Authority: RCW 28B.20.130 and 39.34.080. WSR 86-08-027 (Order 86-1), § 478-355-050, filed 3/26/86.

Wash. Admin. Code § 478-355-060 Administration.

The executive vice president for finance and administration is authorized to establish procedures for university use of its small works roster.

History

• Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8, § 2. WSR 17-14-035, § 478-355-060, filed 6/26/17, effective 7/27/17. Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, Chapter 1. WSR 12-03-038, § 478-355-060, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.10.355. WSR 93-24-049, § 478-355-060, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. WSR 88-19-041 (Order 88-01), § 478-355-060, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. WSR 86-08-027 (Order 86-1), § 478-355-060, filed 3/26/86.