12. University Investigative Processes and Procedures for Survivors of Sexual Violence, including Sexual Assault, Sexual Exploitation, Intimate Partner violence, and Stalking

Confidentiality in University Investigative Processes

WSU takes confidentiality seriously. When engaging with complainants, respondents, witnesses, or other relevant parties to a matter implicating WSU’s prohibition on sexual assault, dating violence, domestic violence, and stalking, CCR typically takes notes and records information for the purpose of maintaining a database of the university’s response to concerns, to track reports for patterns, and/or to document relevant evidence. Intake consultations are available for victim/survivors, in which CCR will track limited information; or, victim/survivors may request to meet with CCR anonymously and/or limit information shared. WSU recognizes that the information received may be sensitive in nature and participants may fear retaliation. WSU protects information regarding parties and witnesses under UPPM 10.60, and CCR only shares information on a need-to-know basis:

  • As permitted by FERPA statute or regulations (34 CFR Part 99),
  • As required by law (including, but not limited to, as required for public records disclosures, for mandatory reporting of abuse under state law, or as required by a subpoena),
  • As needed to fairly conduct an investigation, hearing, or adjudication process, including as required by Title IX’s implementing regulations (34 CFR Part 106),
  • As needed to facilitate supportive measures to protect individuals from ongoing harm,
  • As needed to respond to protect public safety or respond to imminent threats to the university community, or
  • As required by state or federal agencies (e.g., the National Science Foundation (NSF) may require WSU, as an awardee institution, to report sexual harassment findings, or an investigation by the Department of Education may require WSU to submit information).

CCR can answer participant questions about confidentiality or provide anonymous or confidential reporting options. WSU redacts identifying or other information when legally permissible.

When a victim/survivor requests confidentiality or requests WSU to not proceed with an investigation, WSU respects that request to the extent possible. WSU’s legal obligation to provide a safe and nondiscriminatory environment may require that CCR proceed with an investigation in some instances, which may require investigators to share limited identifying information about a victim/survivor; however, CCR takes steps to inform a victim/survivor should it become necessary to share information. In all cases, CCR works with the victim/survivor to provide resources and support, including individualized and appropriate interim or safety measures. WSU may also maintain confidentiality for supportive measures, safety measures, or accommodations, to the extent allowable by law and where maintaining such confidentiality would not impair the ability of the institution to provide those services. WSU UPPM 10.60 prohibits retaliation against anyone who reports or participates in an investigative or disciplinary process by WSU.

Should the victim/survivor report the incident to CCR, the university will not share the victim/survivor’s information with law enforcement, unless the victim/survivor requests that it be provided to law enforcement, or unless required to do so by law.

As a campus security authority, CCR provides crime statistic information for purposes of the Annual Security Report to WSU PD but protects privacy to the extent possible. The WSU PD will not release the names of victims/survivors in its Timely Warning notices, Campus Alerts, Emergency Notifications, or in the Daily Crime Log.

Upon written request, WSU may disclose to the alleged victim/survivor of a crime of violence (as that term is defined in Section 16 of Title 18, United States Code), or a non-forcible sex offense, the results of any disciplinary proceeding conducted against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim/survivor for purposes of this paragraph.

Campus Investigative Procedures

Upon receiving a report of intimate partner violence, dating violence, domestic violence, sexual assault, sexual exploitation, or stalking, WSU Compliance and Civil Rights (CCR) typically takes steps to contact the individual who experienced the alleged conduct to provide information regarding resources available at WSU and in the community, including, but not limited to, available counseling, health, mental health, victim advocacy, legal assistance, student academic/living support, and employee assistance. CCR also provides information regarding the WSU Policy Prohibiting Discrimination and Harassment, UPPM 10.60, CCR Procedural Guidelines, supportive measures and resources, and the process to file a formal complaint for the purpose of requesting an informal resolution or an investigation. CCR also considers supportive measures for all participants involved in a CCR process to protect their safety, prevent further harm, or ensure continued access to educational programs or activities, including, but not limited to, altering the academic, WSU housing, and/or WSU employment arrangements of the parties, imposing no-contact directives, or imposing a trespass or interim suspension. Supportive measures are available regardless of whether or not the victim/survivor chooses to report the crime to campus police or local law enforcement; individualized and appropriate supportive measures are available to all parties in a matter. When taking such steps, WSU seeks to minimize unnecessary or unreasonable burdens on either party. CCR provides information regarding CCR processes, informal resolutions, investigations, and supportive measures to individuals in writing, and provides opportunities for all parties to ask questions about these processes and resources.

Informal Resolution Process

CCR may proceed with an informal resolution upon receiving a formal complaint, where appropriate. Complainants and/or respondents may request an informal resolution process, a voluntary opportunity to explore alternative resolution. Informal resolutions may encompass a broad range of conflict resolution and safety strategies including, but not limited to, an agreement between parties, a mediation, education and training, workplace or academic management plans, restrictions on contact or participation in programs or activities, or supportive measures, including safety measures. Informal resolutions may also include agreed upon punitive terms or parties may accept responsibility for misconduct. CCR has discretion to determine if the matter is appropriate for an informal resolution, and will not offer an informal resolution when such a process would conflict with legal requirements. CCR may proceed with an informal resolution where both parties voluntarily consent to participate. Parties may have a support person or an advisor, including an attorney, participate during an informal resolution, but it is not required. CCR may work with the Division of Student Affairs, HRS, the Office of the Provost, or the individual department affected in resolving a matter under the informal resolution process. Prior to an agreed resolution, either party may withdraw from the informal resolution process at which point the parties can resume participation in a grievance process. Upon entering into an informal resolution agreement, the agreement is binding on the parties and precludes the parties from initiating or resuming grievance processes. Agreement provisions will be considered with respect to the campus safety, including expulsion, suspension, or termination. CCR will document and maintain records of all informal resolutions. Where an informal resolution is violated, the violation may be reviewed as a violation of a university directive and subject to disciplinary action. Where CCR has a compelling reason to do so, the informal resolution may also be voided. CCR will notify parties where a resolution is voided and provide an opportunity to resume the grievance process. Specific violations of an informal resolution can result in disciplinary process for failing to follow a university order. Where circumstances change, parties may request CCR modify an existing informal resolution.

Investigation Process

CCR investigates matters involving students, employees, and visitors regardless of whether the conduct occurred on or off campus, where UPPM 10.60 is implicated; investigations follow CCR’s Procedural Guidelines. CCR provides a prompt, fair, and impartial investigation by officials who receive annual training on regulatory requirements for responding to complaints of sexual assault, dating violence, domestic violence, and stalking, and how to conduct a trauma informed investigation and protect the safety of investigation participants. Where a CCR investigator has a conflict of interest or bias towards an investigation participant, the investigator will be screened from a case, and another investigator will review the matter. Investigations are conducted into allegations implicating UPPM 10.60; violations may be found where a preponderance of the evidence supports that conclusion.

Upon receipt of a complaint, CCR will review the complaint and determine whether to proceed with a grievance procedure or dismiss the complaint. Dismissals may occur where:

  • Even if true the complaint does not constitute UPPM 10.60 violations;
  • The conduct is outside CCR’s scope of authority to investigate;
  • CCR is unable to identify the respondent after taking reasonable steps to do so;
  • The respondent is not currently participating in WSU’s education program or activity and is not employed by WSU, or was not at the time of the alleged incident(s);
  • The complainant voluntarily withdraws any or all of the allegations in the complaint, and any remaining conduct does not constitute an UPPM 10.60 violation, and CCR determines a dismissal is appropriate;
  • The parties voluntarily resolved their matter through an Informal Resolution process; or
  • Specific circumstances prevent an investigator from gathering evidence sufficient to make a determination.

CCR’s determination to dismiss a complaint is final. Otherwise, CCR will proceed with an investigation. In some circumstances, CCR may proceed with an investigation without a complaint from a community member, where CCR determines that alleged conduct presents an imminent and serious threat to the health or safety of the complainant or other person, or the alleged conduct prevents equal access to education programs or activities.

Upon initiation of an investigation, a CCR investigator will provide written notice to both parties, and the complainant and the respondent will have equal opportunities to provide information, responses, evidence, and witnesses. The complainant and the respondent have the right to be accompanied by a support person or advisor of their choice, which may be an attorney. Per CCR’s Procedural Guidelines, CCR investigations are typically 60 days; extensions are allowed for good cause, with written notice to the parties.

For student matters involving sexual assault, dating violence, domestic violence, and stalking, WSU prioritizes these cases and works to resolve them in a timely and efficient manner. When a CCR investigation is completed, the CCR investigator will notify the parties and the Center for Community Standards (CCS), so the matter can go to a hearing for a determination of responsibility.

For student matters involving UPPM 10.60 Part A allegations, CCR will issue an investigative report to the parties and to the Center for Community Standards (for students) to initiate a hearing process per the Standards of Conduct for Students. Parties will have an opportunity to review the evidence and participate in the hearing process, including providing more information if desired. For matters involving employees, CCR will issue an investigative report to the parties and relevant supervisors and administrators and facilitate party access to evidence to prepare for relevant disciplinary process or appeals, as outlined in the WSU Faculty Manual, Administrative Professional Handbook, civil service requirements, or collective bargaining agreements.

For matters involving UPPM 10.60 Part B (Title IX Sexual Harassment) allegations, CCR provides access to the evidence and an opportunity to provide an additional written statement, prior to issuing an investigative report with recommended findings to the parties and relevant administrators. The recommended findings are designed to help the parties prepare for a live hearing process, as outlined in the Standards of Conduct for Students, WSU Faculty Manual, Administrative Professional Handbook, civil service requirements, or collective bargaining agreements.

For matters involving student respondent hearings, after CCR completes their investigation, CCS will provide information to relevant parties regarding the WSU disciplinary processes, including, but not limited to information about conduct officer hearings, conduct board hearings, student rights, and campus and community resources. CCS will initiate the conduct hearing process by providing the parties with an opportunity to review evidence and scheduling a hearing date. A hearing officer or board will serve as decision-maker for these cases, and parties will have an opportunity to respond to the evidence they reviewed, as well as provide additional information, statements, evidence, and witnesses. WSU’s student conduct hearing processes comply with the Washington State Administrative Procedures Act and are available for review in the WSU Standards of Conduct for Students (WAC 504-26-403). The decision-maker will neutrally assess all available relevant and permissible evidence and issue a decision to both parties simultaneously which will include findings of facts, a determination of responsibility, sanctions, and remedies, as appropriate, along with the date that the decision becomes final. As part of the decision-letter, the parties will be provided with information on how to appeal the decision in accordance with WAC 504-26-420 and WAC 504-26-115. When an appeal is received, WSU will notify the parties, provide information on the appeals processes, provide an opportunity to respond, and issue the appeals decision simultaneously to both parties.

For employee matters implicating UPPM 10.60 B (Title IX Sexual Harassment), CCR provides parties with an investigation report with recommended findings and provides access to the evidence prior to the Employee Title IX Hearing Process (for administrative professional, civil service, and bargaining unit employees) or the WSU Faculty Manual formal discipline process (for faculty). Parties will be provided with information about the right to appeal to the President’s CCR Appeals Committee. When an appeal is received, the CCR Appeals Committee will notify the parties, provide information on the appeals processes, provide an opportunity to respond, and issue the appeals decision simultaneously to both parties.

For employee matters implicating UPPM 10.60 A, CCR provides a report with findings to parties for matters that do not involve a faculty respondent and a report with recommended findings to parties for matters that involve a faculty respondent. The report is also provided to relevant administrators and supervisors for review under employee disciplinary processes, including the WSU Faculty Manual, civil service requirements, the Administrative Professional Handbook, or collective bargaining agreements. Appeals are also available.

For all hearing avenues, the decision-maker and appeals decision-maker(s) may not have a conflict of interest or bias for or against the complainant or the respondent, or complainants and respondents generally.

Additional rights and responsibilities for the sanctioning process can be found in the WSU Faculty Manual, the Administrative Professional Handbook, WAC 357-40 (civil service employees), applicable collective bargaining agreements, or the WSU Standards of Conduct for Students (WAC 504-26). More information about the hearing process is available through the Center for Community Standards, the Office of the Provost, and HRS. WSU’s process for complaints of sexual assault, dating violence, domestic violence, and stalking complies with federal regulations, which are subject to change; individuals are encouraged to review the relevant policy or procedure for the most up-to-date information.

Standard of Evidence

In any WSU institutional disciplinary proceeding or investigation, WSU determines the facts and whether there is a violation of this policy based on a preponderance of the evidence. Preponderance of the evidence means that the totality of the evidence persuades the fact finder that an allegation is more probably true than not true and/or that it is more probable than not that a violation of the policy occurred.

Additional Rights and Process During an Investigation

During an investigation, both students and employees, recognized as Complainants and Respondents, are provided the following set of rights:

  • Individualized and appropriate supportive or safety measures, determined to be appropriate by CCR, HRS, the Office of the Dean of Students/Student Affairs, law enforcement, court order (including protection orders), and/or other University administrators
  • Confidential and non-confidential resources
  • Neutral investigative procedures and a prompt, fair, and impartial process (specific timeframes for each major stage of the grievance process are included in the CCR Procedural Guidelines, the Employee Title IX Hearing Process, Faculty Manual, and Standards of Conduct for Students)
  • Receive information about University policies and procedures, including information that retaliation is prohibited for all investigation participants
  • Notification of allegations
  • Opportunity to respond to allegations and/or witness statements
  • Opportunity to request accommodation, including a language interpreter or medical/disability accommodations to provide full and equitable access to the process
  • Opportunity to present evidence
  • Opportunity to provide relevant witnesses
  • Opportunity to present and have considered their preferred resolution path
  • Opportunity to have a support person or an advisor, which may be an attorney (at personal expense)
  • Opportunity to be informed of the status and the outcome of an investigation
  • Opportunity to review evidence, including interview notes and documentary evidence
  • Opportunity to provide an additional written statement, after reviewing evidence, to be considered by a decision-maker prior to a formal decision and determination of responsibility for matters involving Title IX Sexual Harassment
  • Proof by preponderance of the evidence (more likely than not)
  • Simultaneous notification of outcomes and of hearing schedule
  • Rights to attend hearing(s), where appropriate under the relevant disciplinary procedure
  • Right to propose questions for witnesses and participants to the hearing presiding officer
  • Appeal rights

Protective and Support Measures

WSU can take individualized and appropriate supportive steps to support and protect the students involved in the matter, offered as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to a reporting party/complainant or respondent. Supportive measures are available regardless of whether a victim/survivor wishes to pursue a complaint or notify law enforcement, and are offered to restore or preserve a party’s access to a WSU program or activity and/or to provide support during a WSU grievance process. WSU provides written notice of these and other available assistance options (such as how to request changes to academic, living, transportation and working situations, and protective measures) to victims/survivors, and, as applicable, to respondents. WSU may deliver a “no-contact” directive that informs parties to refrain from having contact with one another either directly or through third parties.

Other supportive measures include, but are not limited to, altering academic schedules, WSU dining arrangements, WSU housing, and/or WSU employment arrangements of the parties. Violations of some protective measures (e.g., no contact directives) may lead to disciplinary action. Supportive measures may be facilitated by CCR, Student Affairs or Human Resource Services. Academic, administrative, or service departments may be responsible for implementing supportive measures, in consultation with CCR.

The following supportive measures may be available to students or employees; additional measures may be available, as appropriate:

Academic Measures

  • Request consideration or flexibility to a faculty member regarding assignments, classroom attendance, deadlines, testing/examinations, or other academic needs
  • Contacting individual faculty members for specific requests
  • Independent study
  • Additional tutoring
  • Withdrawal, withdrawal without penalty, medical withdrawal
  • Incompletes on classes
  • Transfer assistance
  • Classroom management plans
  • Remote attendance/recording classes
  • Academic schedule changes
  • Student Accommodations and Disability Resources/reasonable accommodations
  • Enrollment in Global Campus Online Programs
  • Emergency suspension

Referrals to Care Providers

Services for Employees

  • Employee Assistance Program (EAP) (counseling, financial, legal)
  • Workplace management/safety plans
  • Work schedule adjustments, as needed, to obtain medical or mental health care, legal assistance, and/or confidential secure shelter
  • Domestic violence, sexual assault, stalking leave (RCW 49.76.010)
  • Change reporting lines in consultation with HRS
  • Identify alternate work in consultation with supervisors/HRS
  • Work from home options in consultation with supervisors/HRS
  • Work schedule changes in consultation with supervisors/HRS
  • Work accommodations/reasonable accommodations through HRS Medical Leave and Accommodations

Safety Measures

  • Report to law enforcement
  • Police/Security safety assessment of home or campus areas
  • Providing information on seeking a Protection Order for anti-harassment, stalking, domestic violence, or sexual assault
  • No-contact directive from the University
  • Emergency removal or administrative leave, in consultation with DOS, CCS, HRS, and/or CCR
  • Safety planning with a community victim advocate
  • Residence hall changes, in consultation with DOS, HRL, and CCR
  • Cadet/police escort, where available
  • Local taxi/bus information
  • Local domestic violence shelter information
  • Blue phones
  • Emergency residence life room on campus (Pullman only)

Miscellaneous Support

  • Emergency funding
  • Support for tuition adjustment petitions (considered in appropriate cases)
  • Campus involvement (student organizations, Women’s Center, Diversity Centers, etc.)

Legal Resources and Referrals

Campus Sanctioning/Disciplinary Procedures: Students

The community standards process supports students, upholds their rights and responsibilities, and holds them accountable for behaviors that conflict with community standards. Contact the Center for Community Standards (CCS) at 509-335-4532 or by email at community.standards@wsu.edu with specific questions.

After Compliance and Civil Rights (CCR) completes their investigation, CCS will refer the matter to a hearing, which may be a one-to-one conduct officer hearing or a formal hearing (full adjudicative proceeding). The complainant and respondent may determine the extent to which they will participate in this process. Hearings provide a prompt, fair, and impartial review, pursuant to the guidelines in WAC 504-26, which also establish reasonable timelines for the process, which may be extended for good cause with written notice to the parties. Decision makers, including the University Conduct Board, University Appeals Board members, conduct officers, administrative law judges, hearing officers and individual appeals decision-makers receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking, as well as how to provide a hearing process that protects the safety of the parties and promotes accountability. Decision-makers also receive training on a biannual basis about:

  • Student development;
  • Student conduct philosophies, including the educational component of the student conduct process;
  • Fair and equitable decision making, including:
    • Due process;
    • Standards of proof;
    • Relevant and admissible evidence;
    • Conflict of interest; and
    • Identifying bias;
  • Sexual assault and gender-based violence;
  • Alcohol and drug prevention;
  • Sanctioning principles and guidelines; and
  • Title IX regulatory definitions, jurisdiction, and grievance processes.

Conduct officers also receive biannual training on alternative dispute resolution and restorative justice.

Students in the process have the right to request recusal of a hearing officer and/or board member for demonstrated good cause, including conflict of interest or bias against either party.

Matters involving sexual assault, dating violence, domestic violence, and stalking will be referred to a full adjudicative hearing. All relevant parties are notified of their rights during the hearing, the issues to be determined during the hearing, and any relevant dates, times, and locations; relevant parties also receive timely and equal access to any information that will be used during the disciplinary or sanctioning process. Finally, all relevant parties have the right to be accompanied by an advisor of their choice. When the presiding officer concludes their review of relevant evidence, parties will be informed of the university’s decision at the same time and their right to appeal to the University Appeals Board. The decision becomes final either at the end of the appeals period on the twenty-first calendar day after the date the decision is sent to the parties or when the University Appeals Board issues their decision. For more information about the University Conduct Board process, please visit WAC 504-26-403.

In some circumstances, CCS may address the matter through a less formal one-to-one conduct officer hearing (this does not apply to matters involving certain forms of sexual harassment; such matters are always afforded a full adjudicative hearing, unless resolved through an Informal Resolution process). The Conduct Officer will make a decision regarding the responding student’s responsibility within ten calendar days of the hearing and will notify all relevant parties of the decision at the same time and inform them about their right to appeal to the University Appeals Board. The decision becomes final either on the twenty-first calendar day after the date the decision is sent to the parties or when the University Appeals Board issues their decision. Conduct Officers may issue educational sanctions including those listed in WAC 504-26-425, but not suspension of greater than ten instructional days, expulsion, revocation of degree, or loss of recognition (for student organizations). Appeals rights are available to both the complainant and the respondent.

The full adjudication will be presided over by hearing officer employed by WSU who will also serve as the decision-maker; as with other full adjudicative hearings, parties are notified of their hearing rights, receive timely and equal access to evidence, and have the right to be accompanied by an advisor of their choice. When the hearing officer concludes their review of relevant evidence, parties will be informed of their decision at the same time and their right to appeal to the Director of the Center for Community Standards or designee. The decision becomes final either at the end of the appeals period on the twenty-first calendar day after the date the decision is sent to the parties or when the appeals reviewer issues their decision. Appeals rights are available to both the complainant and the respondent. For more information about the student conduct process, please visit WAC 504-26-403.

Students are not asked to sign non-disclosure agreements but are informed of the prohibition on retaliation and interference by or against any individual during these processes.

Campus Sanctioning/Disciplinary Procedures: Employees

WSU Compliance and Civil Rights (CCR) will determine whether the WSU Policy Prohibiting Discrimination and Harassment, University Policies and Procedures Manual 10.60 (UPPM 10.60) is implicated. Human Resource Services (HRS) and/or the Office of the Provost will determine whether any other university policies may be implicated. Internal Audit may also be consulted in some matters.

At the conclusion of an investigation, in matters involving UPPM 10.60 Part A allegations, CCR will provide an investigative report with findings. For matters involving UPPM 10.60 Part B allegations, CCR will issue an investigative report with recommended findings. Recommended findings do not constitute the final decision of the university and will not include a final determination of responsibility. Reports are provided to the appropriate disciplinary/sanctioning authority as follows:

  • UPPM 10.60 Part A allegations:
    • Non-faculty employee respondent matters are provided to the Appointing Authority for review under the relevant employee manual. Appeals are heard by the CCR Appeals Committee, operated out of the Office of the President, as described in the CCR Procedural Guidelines.
    • Faculty employee respondent matters are reviewed under the disciplinary process described in the WSU Faculty Manual. Appeals are heard by the Office of the President, as described in the WSU Faculty Manual.
  • UPPM 10.60 Part B allegations:
    • Non-faculty employee respondent matters are provided to the Appointing Authority for review under the Employee Title IX Hearing Process. Appeals are heard by the CCR Appeals Committee, operated out of the Office of the President, as described in the CCR Procedural Guidelines.
    • Faculty employee respondent matters are reviewed by the Hearing Committee using the formal disciplinary process, as described in the WSU Faculty Manual. Appeals are heard by the CCR Appeals Committee, operated out of the Office of the President, as described in the CCR Procedural Guidelines.

Through these prompt, impartial processes, timeframes for each step are identified in the relevant employee manual, with extensions allowed for good cause. The decision-makers must not have a conflict of interest or bias for or against the complainant or the respondent, or complainants or respondents generally. For matters involving Title IX Sexual Harassment (UPPM 10.60 B allegations), parties will have an opportunity to review and respond to the evidence prior to the determination of responsibility. The parties may have an advisor present, who may be a support person or an attorney. At the conclusion of the Title IX hearing, the decision-maker will provide written decisions simultaneously to both parties which include a determination of responsibility, procedures for appealing the determination, and when such results become final. Matters involving UPPM 10.60 A allegations (non-Title IX) will follow the process outlined in the relevant employee manual.

Supervisors will impose sanctions following the procedures set forth in applicable university policies and handbooks (e.g., the Title IX Hearing Process, the WSU Faculty Manual, the Administrative Professional Handbook, WAC 357-40 (civil service employees), or applicable collective bargaining agreements).

Appeals are available in all matters. The WSU President has a standing CCR Appeals Committee (the Committee), which has a role in hearing appeals in all matters (either of the investigation findings or decision-maker’s findings, depending on the relevant disciplinary procedures). Committee members receive annual training and are screened for conflict of interest or bias against the reporting or responding parties.

During the fair and neutral review of an appeal, the chair of the Committee will conduct an initial review, determine whether it met the minimum requirements of the appeals process, and if so, convene the Committee and send notice to the Complainant(s), Respondent(s), and CCR within seven (7) calendar days of receiving the appeal. After reviewing the appeal, the Committee will issue a decision letter to both parties within thirty (30) calendar days, unless good cause for an extension of up to thirty (30) days is necessary.

Employees are not asked to sign non-disclosure agreements but are informed of the prohibition on retaliation and interference by or against any individual during these processes.

Possible Sanctions

WSU vigorously enforces the WSU Policy Prohibiting Discrimination and Harassment (UPPM 10.60). Persons determined to have violated this policy are subject to sanctions imposed using the procedures set forth in applicable university policies and handbooks (e.g., the WSU Faculty Manual, the Administrative Professional Handbook, UPPM 60.50, WAC 357-40 (civil service employees), applicable collective bargaining agreements, or WAC 504-26 containing the WSU Standards of Conduct for Students including any appeal procedures therein). Any imposed sanctions are to be adequately and appropriately severe to prevent future offenses and to protect other students and the University community. The sanctions that are imposed, or other actions taken, must be reported to CCR by the administrator or supervisor who imposed the sanctions.

In a matter involving an employee, possible sanctions may include: (i) verbal counseling; (ii) warning, verbal and/or in writing; (iii) required training; (iv) memorandum of concern; (v) letter of reprimand; (vi) suspension without pay; (vii) demotion; (viii) salary reduction; (ix) termination; or (x) any combination of the previously stated corrective or disciplinary sanctions. In addition, inappropriate and unprofessional behavior by WSU personnel that does not rise to the level of a UPPM 10.60 policy violation (e.g., unwelcome sex-based comments that are not sufficiently severe or pervasive, and objectively offensive to constitute sexual harassment) may nonetheless be subject to corrective or disciplinary action in some cases under other university policies.

In a matter involving a student or recognized or registered student organization, possible sanctions may include: (i) warning; (ii) probation; (iii) loss of privileges; (iv) restitution; (v) education; (vi) community service; (vii) University housing suspension or expulsion; (viii) University suspension; (ix) University expulsion; (x) revocation of admission and/or degree; (xi) withholding degree; (xii) trespass; (xiii) loss of recognition; (xiv) hold on transcript and/or registration; (xv) no contact directive; (xvi) fines; (xvii) remedies; or (xviii) any combination of the previously stated disciplinary sanctions. Additional sanctions for hazing may result in forfeiture of state-funded grants, scholarships, or awards for a specific period of time. More information on sanctioning can be found in WAC 504-26-425.

Student Disciplinary Procedures in Matters Involving Discrimination and Sexual Violence

WSU Compliance and Civil Rights (CCR) will determine whether the WSU Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct (UPPM 10.60) is implicated. The Center for Community Standards (CCS) will determine whether or not provisions of the WSU Standards of Conduct for Students (Standards of Conduct) are implicated. The reporting party may determine the extent to which they will participate in this process. In some situations, the University may be required to proceed with an investigation regardless of whether the reporting party decides to participate in the investigation or disciplinary process. During an investigation, CCR will interview witnesses and gather any documentary or other evidence, as provided by the individuals involved in the matter. At the conclusion of the investigation, CCR will send an investigative report to CCS and relevant parties. The report will include a summary of the investigation, findings of fact, and a conclusion as to whether or not UPPM 10.60 has been violated. In matters involving student conduct, the Center for Community Standards will determine whether disciplinary action under the Standards of Conduct is warranted. In matters that could result in suspension of greater than ten instructional days, revocation of degree, expulsion, or loss of recognition (for student organizations) and disciplinary action is appropriate, the matter will be referred to a full adjudicatory hearing before the University Conduct Board. The University Conduct Board is presided over by an Administrative Law Judge. All relevant parties are notified of their rights during the hearing, the issues to be determine during the hearing, and any relevant dates, times, and locations. For more information about the University Conduct Board process, please visit the Washington State Legislature WAC 504-26-403 Page.

In some circumstances, the Center for Community Standards may address the matter through a less formal one-to-one conduct officer hearing. The Conduct Officer will make a decision on the matter within ten calendar days of the hearing and will notify all involved parties of the decision and their right to appeal to the University Appeals Board. Conduct Officers may issue educational sanctions including those listed in WAC 504-26-425, but not suspension of greater than ten instructional days, expulsion, revocation of degree, or loss of recognition (for student organizations). For additional information on the community standards process, visit the Center for Community Standards Website or the WSU Student Handbook.

In matters where CCR does not find a violation of UPPM 10.60, and the Complainant(s) or Respondent(s) object to the findings or outcome reflected in the CCR memorandum, feel there is additional information that should be considered, or feel that student conduct charges are otherwise warranted in the matter, they have the opportunity to provide that information in writing to the Center for Community Standards within ten calendar days of the notification from the Center for Community Standards. The Center for Community Standards will consider this information in determining whether to proceed with a conduct process. If the Complainant(s) or Respondent(s) presents information to the Center for Community Standards that is not reflected in the CCR memorandum, the Center for Community Standards may elect to refer the matter back to the CCR to review for a potential revision to CCR memorandum prior to proceeding with the conduct process. Additional information on a CCR investigation, procedural guidelines, and the appeal process is available on the Compliance and Civil Rights Website. Information on the Standards of Conduct is available in the WSU Student Handbook.

Center for Community Standards

The Center for Community Standards is committed to providing experiences for Cougs which help them succeed. All students are expected to contribute to a safe, healthy and inclusive campus. The Center for Community Standards is here to help guide and correct behaviors which may not align with our community values. The Center for Community Standards challenges students to make better choices with opportunities for educational and personal development, and accountability. Every situation is different, so please contact the Center for Community Standards at 509-335-4532 or visit the Center for Community Standards Website or the WSU Student Handbook for additional information.

Employee Disciplinary Procedures in Matters Involving Discrimination and Sexual Violence

WSU Compliance and Civil Rights (CCR) will determine whether the Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct (UPPM 10.60) is implicated. Human Resource Services (HRS) will determine whether any other university policies may be implicated. In some situations, WSU may be required to proceed with an investigation regardless of whether the reporting party decides to participate in the investigation or disciplinary process. During an investigation, CCR will interview witnesses and gather any documentary or other evidence, as provided by the individuals involved in the matter. At the conclusion of the investigation, CCR will send a report to HRS, relevant supervisors, and relevant parties. The report will include a summary of the investigation, findings of fact, and a conclusion as to whether or not UPPM 10.60 has been violated. After CCR issues a final report, the Complainant(s) or Respondent(s) may file for an appeal, in writing, with WSU Office of the President within fifteen (15) calendar days of the date of issuance. The WSU President has a standing CCR Appeals Committee (the Committee), which consists of a committee chair, two regular committee members, and two alternate committee members.

Committee members receive appropriate training, as determined by CCR, prior to serving on the committee and at least annually thereafter that is related to the nature of cases that they may review, including discrimination and sexual violence. During the review of an appeal, the chair of the Committee will conduct an initial review of the appeal, determine whether it met the minimum requirements of the appeals process, and if so, the chair will convene the Committee and send notice to the Complainant(s), Respondent(s), and CCR within seven (7) calendar days of receiving the appeal. After reviewing the appeal, the Committee will issue a decision letter within thirty (30) calendar days, unless good cause for an extension of up to thirty (30) days is necessary. The Committee’s decision is final with respect to the CCR investigation, unless the Committee determines that additional investigation by CCR is warranted. If the Committee concludes that additional investigation is warranted, at the conclusion of such additional investigation, no further appeal is available.

Additional information on a CCR investigation, procedural guidelines and the appeal process is available on the Compliance and Civil Rights Website.