The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access.
Students should submit to the registrar, dean, or other appropriate official, a written request that identifies the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.
Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. After a hearing, if the decision of the University is still not to amend the student’s education record, the student has a right to insert a statement in their record which will be maintained as a permanent part of the record and must be included when such record is disclosed to an authorized party.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
At its discretion, the University may provide directory information in accordance with the provisions of FERPA to include: student name, permanent home address and telephone number, date of birth, university address and telephone number, e-mail address, dates of attendance, class, major field of study, previous institutions(s) attended, awards, honors (includes honor roll), degree(s) conferred (including dates), participation in officially recognized sports or activities. Students may withhold directory information by notifying the office of the Vice President for Student Affairs, CWU, Ellensburg, WA, 98926-7432, in writing within the first two weeks after fall quarter classes begin. Request for non-disclosure will be honored by the institution for only one academic year; therefore, authorization to withhold directory information must be filed annually in the office of the Vice President for Student Affairs. A form to request non-disclosure of directory information is available in the office of the Vice President for Student Affairs, Bouillon Hall, room 204, at the CWU Ellensburg campus.
One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health care staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks within the limitations of their need to know. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
4. The right to obtain a copy of the Central Washington University Student Records Policy.
A copy of the Central Washington University Student Records Policy may be obtained from the office of the Vice President for Student Affairs, Bouillon Hall, room 204, at the CWU Ellensburg campus. Additionally, this policy is found in the Central Washington University Policies Manual.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Central Washington State University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office U.S. Department of Education 600 Independence Avenue, SW Washington, DC 20202-4605
I. Central Washington University is an equal opportunity employer. The University will:
Recruit, hire, train, and promote persons in all job titles, without regard to race, color, religion, national origin, age, sex, sexual orientation, marital status, disability, or status as a disabled verteran or Vietnam-era veteran.
Ensure that all personnel actions such as compensation, benefits, transfers, terminations, layoffs, return from layoff, reductions in force (RIF), university-sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to race, color, creed, religion, national origin, age, sex, sexual orientation, marital status, disability, or status as a disabled verteran or Vietnam-era veteran.
II. Central Washington University is committed to affirmative action for Asians, Blacks, Hispanics, Native Americans, women, persons forty years of age or older, persons of disability, disabled veterans and Vietnam-era veterans. This commitment is expressed through the university's efforts to eliminate barriers to equal employment opportunity and improve employment opportunities encountered by these protected groups.
Central Washington University will provide students equal access to all programs and services on the basis of merit without regard to race, color, religion, national origin, age, sex, sexual orientation, marital status, disability, or status as a disabled veteran or Vietnam-era veteran.
No person will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by the university included, but not limited to, admissions, academic porgrams, student employment, counseling and guidance services, fnancial aid, recreational activities and intercollegiate athletics.
Programs may be developed by the university, however, for special student populations as affirmative action measures to overcome the effects of past discrimination.
No member or the university community shall treat students differently because of their race, color, religion, national origin, age, sex, sexual orientation, marital status, disability (except to provide reasonable accommodatin), or status as a disabled veteran or Vietnam-era veteran. The university has established mechanisms to address complaints to discriminatory treatment, including harassing behaviors (e.g., physical, verbal, graphic, or written) which might lead to the creation of a hostile environment.
Washington state law prohibits discrimination on the basis of gender in institutions of higher education.Provisions of this law can be found in RCW 28B.ll0. Rules and guidelines have been developed to eliminate possible gender discrimination to students, including sexual harassment. These rules address academic programs, student employment, counseling and guidance services, financial aid, recreational activities including club sports, and intercollegiate athletics.
With respect to higher education student employment, all institutions shall be required to: a) make no differentiation in pay scales on the basis of gender; b)assign duties without regard to gender except where there is a bona fide occupational qualification as approved by the Washington Human Rights Commission; c) provide the same opportunities for advancement to males and females; and d) make no difference in the conditions of employment on the basis of gender in areas including, but not limited to, hiring practices, leaves of absence, and hours of employment.
Admission to academic programs shall be made without regard to gender. Counseling and guidance services for students shall be made available to all students without regard to gender. All academic and counseling personnel shall be required to stress access to all career and vocational opportunities to students without regard to gender. All academic programs shall be available to students without regard to gender. Recreational activities shall be offered to meet the interests of students, with no disparities based on gender. Financial aid shall be equitably awarded by type of aid, with no disparities based on gender.
With respect to intercollegiate athletics, institutions that provide the following shall do so with no disparities based on gender: a) benefits and services (e.g., equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; opportunities for competition; publicity and awards, and scheduling of games and practice times); b) opportunities to participate in intercollegiate athletics; c) male and female coaches and administrators. (Institutions shall attempt to provide some coaches and administrators of each gender to act as role models for male and female athletes.)
Each institution shall develop and distribute policies and procedures for handling complaints of sexual harassment.
The executive director of the Higher Education Coordinating Board, in consultation with the Council of Presidents, shall monitor the compliance by institutions of higher education with this chapter. A violation of this chapter shall constitute an unfair practice under chapter 49.60 RCW, including the right to file a complaint with the Human Rights Commission and to bring a civil action, shall apply. This chapter shall supplement, and shall not supersede, existing law and procedures relating to unlawful discrimination based on gender. Institutions of higher education shall distribute copies of the provisions of this chapter to all students. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
The person responsible for coordinating and monitoring compliance with the provisions of this chapter, as well as Title IX, is the Director of the Office for Equal Opportunity, Barge Hall 221, CentralWashington University, (509) 963-2205. Students with gender discrimination complaints are encouraged to utilize the grievance procedures noted below.
IV. Policy Statement on Sexual Harassment
It is the policy of Central Washington University to maintain a work and academic community which is free from sexual harassment. Sexual harassment violates state and federal law and will not be tolerated by this institution. An individual in violation of this policy will be subject to informal or formal disciplinary action up to and including dismissal from employment.
For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
a. submission to such conduct is made either explicitly or implicitly a term of condition of an individual's employment or career advancement.
b. submission to or rejection of such conduct by an individual is used as a basis for employment decision or academic decision affecting such individual; or
c. such conduct has the purpose or effect of unreasonable interfering with an individual's work or creating an intimidating, hostile or offensive work or academic environment.
Based on the definition provided above, examples of sexual harassment prohibited by this policy include, but are not limited to: physical assault; direct propositions of a sexual nature, subtle pressure for sexual activity. In addition, behaviors which constitute a pattern of conduct that discomforts or humiliates the recipient are prohibited. Such behaviors may include: comments of a sexual nature; sexually explicit statements, questions, jokes, or anecdotes; unnecessary touching, patting, hugging, or kissing; remarks of a sexual nature about a person's clothing or body; or remarks about sexual activity or speculations about previous sexual experience; and persistent, unwanted attempts to change a professional relationship to an amorous one.
All members of the University community are encouraged to work toward maintaining an educational and work environment free from sexual harassment. To this end,
1. The director of equal opportunity will provide training programs to educate the university community on the subject of sexual harassment and the university's obligation to prevent its occurrence. In addition, the director will ensure that the sexual harassment policy is appropriately displayed on campus and included in the university's policy manual.
2. Persons who believe they are experiencing sexual harassment are encouraged to act promptly and report such concerns to their immediate supervisor, administrator or department chair, or the Equal Opportunity Director (Barge 211, 963-2205) or the Vice President for Student Affairs (Bouillon 204, 963-1515). (Concerns which involve sexually harassing behaviors of university employees may be brought to the Equal Opportunity Director. Concerns which involve student to student sexual harassment may be brought to the attention of the Vice President for Student Affairs.) The University encourages resolution of sexual harassment complaints at the lowest possible level. Persons who have been sexually assaulted are also encouraged to contact Campus Police (Campus Safety Building, 963-2958).
3. Supervisors, administrators and department chairs who receive informal sexual harassment complaints will act on them in a timely fashion in an attempt to resolve such situations informally. They may wish to obtain guidance from the affirmative action office. If matters cannot be resolved informally, formal grievance procedures are available
4. Formal grievance procedures are available. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in the grievance process.
a. Formal complaints alleging sexual harassment by a university employee or other agent of the university may be filed in the equal opportunity office. The university's equal opportunity grievance procedures will be utilized to resolve the complaint. Copies of these procedures are available upon request.
b. Formal complaints alleging student peer sexual harassment must be made to the Vice President for Student Affairs.
c. Complaints may also be filed with outside government agencies. A list of these agencies and their addresses is available in the affirmative action office.
V. Equal Opportunity Grievance Procedures
A. A person who believes he or she has been discriminated against by Central Washington University because of race, color, ethnic background, sexual orientation, religion, national origin, sex, physical or mental handicap, or Vietnam era or disabled veteran status is encouraged to utilize the grievance procedures provided by Central Washington University. There are informal and formal means of addressing complaints through the affirmative action office. These should be used as soon as possible after the alleged act of discrimination. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in this complaint procedure.
B. All persons who seek the advice and assistance of the equal opportunity office shall have explained to them the informal and the formal grievance procedures available to them through the university as well as the existence of external complaint procedures available through state and federal agencies. They shall also receive a copy of the affirmative action grievance procedure.
Copies of the Equal Opportunity Grievance Procedures as well as copies of the University's Equal Opportunity and Affirmative Action Policies are available in the Office for Equal Opportunity. The office is open during regular business hours and is located in Barge Hall 211 (963-2205).
Central Washington University is a community that exists for the generation, acquisition, diffusion, and preservation of knowledge, the growth of all its members, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. All members of the University community are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth in an atmosphere of academic freedom. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom as well as elsewhere on campus. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the University community. The University has developed policies and procedures which provide and safeguard this freedom, within the framework of general standards, and with the broadest possible participation of the members of the University community. This document articulates the general policies that provide for the academic freedom of students in this University community and forms the basis on which more specific policies such as the Student Judicial Code, rules on student records, etc., have been formulated and adopted.
A. Admissions, Retention and Graduation
Central Washington University supports equal educational opportunity for all regardless of sex, race, national origin, age, marital status, handicap, or religion. Persons seeking admission to the University have the right to be admitted if they meet the admission standards established for the University by the board of trustees of Central Washington University. Admission to the University does not automatically admit students to those programs which have special standards for admission or which may restrict admissions on the basis of available resource. To be eligible for continued enrollment in the University and for graduation from the University, students are responsible for meeting the University's published requirements for retention and graduation.
B. University Facilities and Services
All regular students have the right to make full use of the facilities and services of the University which are generally available to students. There are, however, some limitations on the availability and use of University resources. Students are expected to use University facilities and services responsibly and with consideration for other members of the University community. Offices responsible for providing facilities and services will, upon request, furnish guidelines for their use.
The relationship between students and faculty/staff is one which is based upon mutual respect. Students see faculty and staff in a variety of roles: teachers, counselors, librarians, administrators, advisors, employers, supervisors, colleagues. In those rare instances where a student may wish to pursue a grievance having to do with grades or actions taken by a faculty member or a staff member of an office or department which adversely affected the student's academic progress, the University provides a procedure by which the grievance may be pursued. The rules for the process are contained in the Rules Governing the Operations of the Board of Academic Appeals, copies of which are available in the office of the vice president for student affairs.
A. In the Classroom
1. Student Rights
A student who enrolls in a course has the following rights:
a. to know from the instructor the goals and content of the course;
b. to know from the beginning the instructor's expectations and grading methods;
c. to be evaluated on the materials of the course and not on extraneous matters; and
d. to consult with the instructor outside the classroom on matters related to the course.
2. Student Responsibilities
A student who enrolls in a course has responsibility to observe the standards of academic performance defined by the instructor and the standards of conduct established by the instructor so as to assure the freedom of the instructor to teach and the freedom of the other students to learn.
B. Outside the Classroom
Students have a right to the services provided by faculty and staff, including such services as academic advising, counseling over a broad range of problem areas, dissemination of information, and clarification of University policies and procedures, including those involving grievances. Because of the size and complexity of the University, students have the primary responsibility for initiating requests for such services, although faculty and staff are expected to be sensitive to students' needs and to offer assistance if students appear to need it.
The University has adopted rules which govern the form and variety of student records collected and maintained by the University, the nature of information collected, and the way in which student information is recorded, maintained and eventually disposed of, consistent with federal and state regulations. Copies of the rules (in accordance with Public Law 93-380 The Family Educational Rights and Privacy Act of 1974, i.e., The Buckley Amendment) are available in the office of the vice president for student affairs. Students have a right to expect that information about themselves of a private, personal or confidential nature which they share with faculty and staff will be disclosed only according to student records rules. Faculty and staff may provide judgments of a student's ability and character to others in appropriate circumstances, normally with the knowledge and consent of the student concerned, and in accordance with the University's rules on student records.
B. Students' Rights
The rules on student records also define the following rights of students with respect to their records and the procedures to be followed to guarantee those rights:
1. the right to inspect and review information contained in their educational records;
2. the right to challenge the contents of their educational records;
3. the right to submit an explanatory statement for inclusion in the educational record if the outcome of the challenge is unsatisfactory;
4. the right to prevent disclosure, with certain exceptions, of personally identifiable information;
5. the right to secure a copy of the University rules, which includes the location of all educational records; and
6. the right to file complaints with the appropriate federal and state agency(ies) concerning alleged failures by the University to comply with applicable laws, rules and their implementing regulations.
C. Students' Responsibilities
Students are responsible for furnishing, completely and accurately, such pertinent information as required by the University so that it may perform its proper function as an educational institution. If students' circumstances change, e.g., name, address, financial situation, etc., they are responsible for seeing that proper University officials are informed of such changed circumstances.
Student affairs encompasses a broad area including the freedoms to form associations, to inquire and express opinions, and to participate in institutional government.
Students have the right to form organizations and to join associations to promote their common interests. In doing so, they have the responsibility to follow University policies and procedures, copies of which are available in the Campus Life office.
B. Inquiry and Expression
Students and student organizations have the right to examine and discuss all questions of interest to them, to express opinions publicly and privately, to support causes and to invite and hear any person of their own choosing. Such activities shall not disrupt the regular and essential operation of the University. Students and student organizations are responsible for following the policies and procedures related to these activities, copies of which are available in the Campus Life office.
C. Student Participation in Institutional Government
Students have the right to express their views by lawful procedures on issues of institutional policy and on matters of general interest to the student body and to participate in the formulation and application of institutional policy affecting academic and student affairs. Student government, the associated students of Central Washington University, is the primary vehicle for student participation in institutional government, and its role is explicitly stated in its constitution and by-laws, copies of which are available in the Campus Life office . Other opportunities for involvement in academic and student affairs areas may be found in the various departmental or administrative offices. Having become involved in institutional governance, students are responsible for fulfilling the obligations they have undertaken.
Students are members of both the University community and the larger community outside the University. As members of the University community, students are guaranteed those rights described in this document. As members of the larger community, students are afforded those rights guaranteed by the state and federal constitutions, the authority of which extends across both communities.
At the same time, both communities have established standards of conduct designed to protect their essential purposes. The University community has defined in its Student Judicial Code that conduct in which its members may not engage without penalty. The larger community has defined such behavior in its laws.
Outlined below are the standards in disciplinary proceedings established by the University with respect to student conduct which violates the norms of either the University or the larger community.
A. The University Community
The Student Judicial Code enumerates proscribed behavior and describes procedures followed in cases where students are alleged to have engaged in such conduct. These procedures guarantee procedural due process to the accused students and are fully described in the Student Judicial Code, copies of which are available in the office of the vice president for student affairs.
B. The Larger Community
If a student's behavior results in charges that both the law of the larger community and the proscriptions of the University's Student Judicial Code have been violated, the University does not waive the right to initiate proceedings in accordance with provisions of the Student Judicial Code.
1. "University" shall mean Central Washington University.
2. "Vice President" shall mean the vice president for student affairs of the University or the vice president's designee.
3. "Student" shall mean a person enrolled at the University either full or part-time, pursuing undergraduate, graduate, or extension studies, or a person accepted for admission or readmission to the University.
4. "University community" shall include the employees and students of Central Washington University and all property and equipment of the University.
5. "Hazing" shall include any method of initiation 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 mental or emotional harm, to any student or other person attending Central Washington University. The term does not include customary athletic events or other similar contests or competitions.
B. Introduction and Purpose
The students of Central Washington University are responsible for complying with policies, standards, rules, and requirements for academic and social behavior formulated by the University for the maintenance of an orderly and responsible functioning of the University community. At the same time, students have protection through orderly procedures against arbitrary or capricious actions or decisions by University authorities. Due process is recognized as essential to the proper enforcement of University rules. The purpose of this document is to provide a procedure and rules by which a student will be afforded due process in the matter of alleged violations of University standards, rules and requirements governing academic and social conduct of students.
The University recognizes a responsibility to resolve behavior problems before they escalate into serious problems requiring the application of these rules. Therefore, the vice president shall generally review and/or investigate student behavioral problems which are referred by University community members or any subsidiary judicial agencies to the Campus Judicial Council, or which otherwise come to the attention of the vice president through the office of public safety and police services or other official University reports. The vice president and the problem solving group shall be as proactive as is possible concerning the resolution of student behavioral problems and use reasonable arbitration and conflict resolution methods in order to prevent such problems from further interfering with the University community or the student's own educational progress.
The vice president shall provide for due process for students throughout the behavioral problem-solving intervention by following the proper steps related to the initiation, investigation, and disposition of complaints against a student as outlined in Section III of this document.
Any student is subject to these rules, independent of any other status the individual may have with the University. Any action taken against a student under these rules shall be independent of other actions taken by virtue of another relationship with the University in addition to that of student.
C. Cooperation with Law Enforcement Agencies
Central Washington University distinguishes its responsibility for student conduct from the controls imposed by the larger community beyond the University, and of which the University is a part. The University does not have the responsibilities of a parent for the conduct of students, and will not be held responsible for conduct of students off campus. When students are charged with violations of laws of the nation or state, or ordinances of the county or city, the University will neither request nor agree to special consideration for students because of their status as students, but the University will cooperate with law enforcement agencies, courts, and any other agencies in programs for rehabilitation of students.
Central Washington University reserves the right to impose the provisions of this policy and apply further sanctions before or after law enforcement agencies, courts, and other agencies have imposed penalties or otherwise disposed of a case.
A student shall be subject to disciplinary action or sanction upon violation of any of the following conduct proscriptions:
A. disruptive and disorderly conduct which interferes with the rights and opportunities of other students to pursue their academic studies;
B. academic dishonesty in all its forms including, but not limited to:
1. cheating on tests;
2. copying from another student's test paper;
3. using materials during a test not authorized by the person giving the test;
4. collaboration with any other person during a test without authority;
5. knowingly obtaining, using, buying, selling, transporting, or soliciting in whole or in part the contents of an unadministered test or information about an unadministered test;
6. bribing any other person to obtain an unadministered test or information about an unadministered test;
7. substitution for another student or permitting any other person to substitute for oneself to take a test;
8. "plagiarism" which shall mean the appropriation of any other person's work and the unacknowledged incorporation of that work in one's own work offered for credit;
9. "collusion" which shall mean the unauthorized collaboration with any other person in preparing work offered for credit.
C. filing a formal complaint with the vice president for student affairs with the intention of falsely accusing another with having violated a provision of this Code;
D. furnishing false information to any University official, especially during the investigation of alleged violations of this Code;
E. furnishing false information to the Campus Judicial Council with the intent to deceive, the intimidation of witnesses, the destruction of evidence with the intent to deny its presentation to the Campus Judicial Council or the willful failure to appear before the Campus Judicial Council or the vice president when properly notified to appear;
F. intentionally setting off a fire alarm or reporting a fire or other emergency or tampering with fire or emergency equipment except when done with the reasonable belief in the existence of a need therefore;
G. forgery, alteration, or misuse of University documents, records, or identification cards;
H. sexual assault in any form, including acquaintance rape and other forced and/or nonconsensual sexual activity;
I. actual or attempted physical/emotional abuse of any person or conduct which threatens or endangers the health and safety of any person or which intentionally or recklessly causes a reasonable apprehension of harm to any person;
J. harassment of any sort or any malicious act which causes harm to any person's physical or mental well being;
K. recklessly engaging in conduct which creates a substantial risk of physical harm to another person;
L. creating noise in such a way as to interfere with university functions or using sound amplification equipment in a loud and raucous manner;
M. theft or malicious destruction, damage or misuse of University property, private property of another member of the University community, whether occurring on or off campus; or theft or malicious destruction, damage or misuse on campus of property of a nonmember of the University community;
N. unauthorized seizure or occupation or unauthorized presence in any University building or facility;
O. intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities or programs whether occurring on or off campus or of activities or programs authorized or permitted by the University pursuant to the provisions of this document;
P. intentional participation in a demonstration which is in violation of rules and regulations governing demonstrations promulgated by the University pursuant to the provisions of this document;
Q. unauthorized entry upon the property of the University or into a University facility or any portion thereof which has been reserved, restricted in use, or placed off limits; unauthorized presence in any University facility after closing hours; or unauthorized possession or use of a key to any University facility;
R. possession or use on campus of any firearm, dangerous weapon or incendiary device or explosive unless such possession or use has been authorized by the University;
S. possession, use, or distribution on campus of any controlled substance as defined by the laws of the United States or the state of Washington except as expressly permitted by law;
T. violation of the University policy on alcoholic beverages which states:
1. Persons twenty-one (21) years of age or older may possess and/or consume alcoholic beverages within the privacy of their residence hall rooms or apartments. Washington state law provides severe penalties for the possession or consumption of alcoholic beverages by persons under twenty-one (21) years of age and for persons who furnish alcoholic beverages to minors. All University students should be aware of these laws and the possible consequences of violations.
2. The University does not condone the consumption of alcoholic beverages by minors at functions sponsored by Central Washington University organizations. Organizations are held responsible for the conduct of their members at functions sponsored by the organization and for failure to comply with Washington state law.
3. The Campus Judicial Council may place on probation any organization or prohibit a specific campus social function when the consumption of alcoholic beverages has become a problem of concern to the University.
U. conduct which violates the University policies on computer use;
V. violation of clearly stated proscriptions in any published rule or regulation promulgated by any official campus committee or commission or council acting within the scope of its authority;
W. violation on campus of any state or federal law or violation of any state or federal law off campus while participating in any University-sponsored activity.
X. conspiracy to engage in hazing or participation in hazing of another.
When student behavioral problems occur, the University employs a team problem-solving approach. The Directors of Residential Services, Equal Opportunity, Student Health and Counseling Services, Center for Student Empowerment, University Relations, and the Chief of Police join the assistant and associate vice presidents for student affairs weekly to review Residence Hall Incident Reports filed by living group advisors and hall managers, as well as campus police reports which cover both on- and off-campus students. This problem-solving team then deals with student behavioral problems which constitute violations of this Code.
The problem-solving team works together to suggest intervention strategies which are considered to be most appropriate and effective for eliminating specific negative student behaviors.
Incidents which come to the attention of the problem-solving team may be addressed in one of the following ways:
1. no action;
2. informal meetings with relevant University officials;
3. referral to the residence hall arbitration council for resolving certain disputes within the residence halls;
4. proceedings in the office of the vice president for student affairs. Official proceedings in the vice president's office are conducted when it becomes apparent to the problem-solving team that the initial and more informal forms of intervention with a student have been unsuccessful in positively modifying a student's behavior.
C. Investigation and Disposition of Complaints
The following rules will govern the processing of alleged violations of the proscribed conduct listed in the Student Judicial Code.
1. A complaint alleging misconduct against any student at the University may be filed by anyone at the office of the vice president for student affairs. Students, faculty members, administrators and other employees of the University shall have concurrent authority to request the commencement of the disciplinary proceedings provided for in this chapter. A person filing a complaint shall be complainant of record.
2. Any student charged in a complaint shall receive oral or written notification from the vice president. Such notice shall:
a. inform the student that a complaint has been filed alleging that the student violated specific provisions of the Student Judicial Code and the date of the violation(s);
b. set forth those provisions allegedly violated;
c. specify a time and date the student is required to meet with the Vice President or designee; and
d. inform the student that failure to appear at the appointed time at the Vice President's office may subject the student to suspension from the University.
3. When the vice president meets with the student, the vice president shall:
a. provide for the student a copy of the Student Judicial Code;
b. review the facts of the alleged violation with the student; and
c. conduct an investigation into the alleged violation.
4. Upon completion of the review with the student and/or the investigation, the Vice President may:
a. drop the charges when they appear to be invalid or without substance or capricious;
b. issue a verbal warning;
c. apply any of the sanctions as outlined in Section IV if such sanction is warranted by the evidence;
d. refer the case to the campus judicial council; or
e. invoke the summary suspension procedure as outlined in Section VII when deemed appropriate.
5. The vice president shall inform the student that only suspension and expulsion sanctions may be appealed to the campus judicial council, and that if an appeal is made, the vice president shall take no action nor make any determination, except for summary suspension, in the matter other than to inform the student of the time, date, and location of the proceeding by the campus judicial council.
The following definitions of disciplinary terms have been established and may be the sanctions imposed by the vice president for student affairs or by the campus judicial council.
Notice in writing that the student has violated University rules or regulations or has otherwise failed to meet the University's standard of conduct. Such warning will contain the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.
B. Disciplinary Probation.
Formal action specifying the conditions under which a student may continue to be a student at the University including limitation of specified activities, movement, or presence on the CWU campus. The conditions specified may be in effect for a period of time or for the duration of the student's attendance at the University.
An individual student may be required to make restitution for damage or loss to University or other property and for injury to persons. Failure to make restitution will result in suspension for an indefinite period of time as set forth in subsection (D) below provided that a student may be reinstated upon payment.
Dismissal from the University and from status as a student for a stated period. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter are to be refunded.
E. Deferred Suspension.
Notice of suspension from the University with the provision that the student may remain enrolled contingent on meeting a specified condition. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.
The surrender of all rights and privileges of membership in the University community and exclusion from the campus without any possibility for return.
G. For the specific instance of hazing, forfeiture of any entitlement of state-funded grants, scholarships, or awards for a specified period of time.
The campus judicial council shall be the principal campus-wide judicial body with jurisdiction over all students, whether graduate or undergraduate, and student organizations and authority to hear all charges of misconduct. It has authority to impose the sanctions described in Section IV. Other divisions of the University may elect to establish subsidiary judicial agencies over which the campus judicial council will have appellate jurisdiction. Subsidiary judicial agencies or persons levying sanctions should devise sanctions which are in proportion to both the nature and extent of the misconduct, and which redress injury, damage, expense, inconvenience and/or grievance as far as possible. Appeal from subsidiary councils or agencies must be made within five working days from the time of publication of findings by said subsidiary judicial agency. Failure to file such an appeal will constitute and be construed as full acceptance by all parties of the findings.
The following rules govern the composition of the campus judicial council:
1. The council shall consist of three faculty members holding the rank of assistant professor or above, and eight students, at least one of whom should be a graduate student if a graduate student files for appointment to the council.
a. The faculty members of the council shall be designated in accordance with procedures established by the faculty senate.
b. The student members of the council shall be selected in accordance with procedures established by the constitution of the associated students of Central Washington University.
Eight student members shall be appointed, each student being appointed for a term of one calendar year. Terms of office for students begin with the first day of instruction of the academic year for which the student is appointed.
2. A campus judicial council chair shall be elected at the first meeting each academic year and shall continue in office until the person resigns or is recalled. The duties of the chair are as follows:
a. to call regular and special meetings of the council by notification to members at least twenty-four (24) hours in advance of the meeting time, except in bona fide emergency situations;
b. to preside over all regular and special meetings;
c. to act as presiding officer at all meetings of the proceeding board.
3. Two of the faculty members and three of the student members of the council shall constitute a quorum.
4. The vice president shall appoint a faculty member as a judicial council advisor whose duties shall be to:
a. convene the council; and
b. advise the council during all meetings and hearings.
A. When a case is referred to the campus judicial council the vice president shall forward to the council:
1. a statement describing the alleged misconduct;
2. the name and address of the complainant;
3. the name and address of the student charged; and
4. all relevant facts and statements.
B. The council chair shall call a special meeting of the council and arrange for a proceeding in the following manner:
1. the council shall determine the time and place of the proceeding, which shall be at least ten (10) days after delivery of written notice to the student. In the interest of timeliness and efficiency, upon the request of either the student or the vice president, this 10-day interval may be waived by the vice president, with the student's permission. Time and place shall be set to make the least inconvenience for all interested parties. The chair may change the time and place of the proceeding for sufficient cause;
2. the council shall draw lots for five student names, one of whom will serve as an alternate to be available until the proceeding board has been constituted;
3. no case shall be heard unless the full membership of the proceeding board is present;
4. all cases will be heard de novo, whether the case be an appeal from a subsidiary judicial body or is heard as an original complaint.
C. The council chair shall send written notice by certified mail of the proceeding to the student's last known address. The notice shall contain:
1. a statement of the date, time, place and nature of the proceeding;
2. to the extent known, a list of witnesses who will appear; and
3. a summary description of any documentary or other physical evidence that would be presented by the University.
D. The student shall have all authority possessed by the University to obtain information he/she specifically describes in writing and tenders to the council chair no later than two days prior to the proceeding or to request the presence of witnesses, or the production of other evidence relevant to the proceeding. However, the University shall not be liable for information requested by the student or the presence of any witnesses when circumstances beyond the control of the University prevent the obtaining of such information or the attendance of such witnesses at the proceeding.
E. Proceedings will ordinarily be held in closed session unless the proceeding board determines there is a compelling reason for the proceeding to be open, or the student requests an open proceeding. A closed proceeding shall include only members of the proceeding board, persons directly involved in the proceeding as parties and persons called as witnesses.
F. The proceeding shall be audio tape recorded, and the tape shall be on file at the office of the vice president for a period of three years.
G. The University shall be represented by the vice president who shall present the University's case against the student.
H. The student may be accompanied by counsel, or another third party, who may offer advice. If the student utilizes an attorney as advisor, the student must give the vice president two days notice of intent to do so. If the student elects to be advised by an attorney, the vice president may elect to have the University advised by an assistant attorney general.
I. The council chair shall insure that:
1. the proceeding is held in an orderly manner giving full care that the rights of all parties to a full, fair and impartial proceeding are maintained;
2. the charges and supporting evidence or testimony shall be presented first, and that there is full opportunity for the accused student to challenge the testimony and/or evidence, and to cross examine appropriately;
3. the student charged shall next present evidence or testimony to refute the charge, and that there is full opportunity for the accuser to challenge testimony and/or evidence, and to cross examine appropriately; and
4. only those materials and matters presented at the proceeding will be considered as evidence. The presiding officer shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
J. Any person disruptive of the proceeding or any other procedure described in this document shall be excluded from the process by the chair of the campus judicial council or by the vice president using such means as are necessary to insure an orderly process. Any student engaging in such interference shall be in contempt and may be summarily suspended from the University by the campus judicial council or the vice president immediately. The student shall be subject to a suspension or any lesser sanction as may be determined by the campus judicial council or the vice president at the time the interference takes place or within fifteen (15) working days thereafter.
K. The student has a right to a fair and impartial proceeding but the student's failure to cooperate with or attend a proceeding procedure shall not preclude the committee from making its finding of facts, conclusions, and recommendations. Failure by the student to cooperate may be taken into consideration by the campus judicial council and the vice president in deciding the appropriate disciplinary action.
L. Upon conclusion of the proceeding, the proceeding board in closed session shall consider all the evidence presented and decide by majority vote to exonerate the student or to impose one of the sanctions authorized by this document.
M. The student shall be provided with a copy of the board's findings of fact and conclusions regarding whether the student did violate any rule or rules of the student judicial code and the board's decision as to the appropriate sanction to be imposed.
N. If a student charged with misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state, or local authorities, or if it appears that such criminal charge is under consideration, the campus judicial council may postpone action on the complaint until there has been a disposition of the criminal charge or of the consideration of filing such charge. However, prior to action by other agencies, the council may proceed to hear and decide the case if in the judgment of the council, the nature of the alleged misconduct and the circumstances surrounding it pose a serious risk to the health or well-being of the student or other members of the University. If there is a determination of guilt by the council and if the subsequent criminal proceedings result in a judgment of acquittal, the student may petition the campus judicial council for a rehearing.
The vice president may summarily suspend any student from the University pending investigation, action or prosecution of charges of an alleged proscribed conduct violation or violations, if the vice president has reason to believe that the student's physical or emotional safety and well-being, or the safety and well-being of other University community members, or the protection of property requires such suspension.
A. If the vice president finds it necessary to exercise the authority to summarily suspend a student the vice president shall:
1. give to the student an oral or written notice of intent to determine if summary suspension is an appropriate action;
2. give an oral or written notice of the alleged misconduct and violation(s) to the student;
3. give an oral or written explanation of the evidence in support of the charge(s) to the student;
4. given an oral or written notice of the time and place of the summary suspension proceeding before the vice president;
5. determine a time for the summary suspension proceeding to be held within 36 hours; and
6. give an oral or written explanation of the summary suspension which may be imposed on the student.
B. At the place and time designated for the summary suspension proceeding the vice president shall:
1. consider the evidence relating specifically to the probability of danger to the student, to others on the campus, or to property;
2. provide the student with an opportunity to show why continued presence on campus does not constitute a danger to the physical and emotional well-being of self or others, or a danger to property;
3. give immediate oral notice of the vice president's decision to the student to be followed by written notice; and
4. if summary suspension is warranted, summarily suspend the student for no more than 15 working days with a judicial council proceeding of the allegations to have commenced by the end of the suspension period.
C. If a student has been instructed by the vice president to appear for summary suspension proceedings and then fails to appear at the time designated, the vice president may suspend the student from the University, and shall give written notice of suspension to the student at the student's last address of record on file with the University.
D. During the period of summary suspension, the suspended student shall not enter the campus of the University other than to meet with the vice president. However, the vice president may grant the student special permission for the express purpose of meeting with faculty, staff, or students in preparation for a proceeding before the campus judicial council.
Any student suspended from the University under the provisions of the student judicial code may be readmitted upon expiration of the time period specified in the document of original suspension.
If circumstances warrant reconsideration of the suspension prior to its time of expiration, the student may be readmitted following approval of a written petition submitted to the vice president. Such petitions must state reasons which either provide new evidence concerning the situation which resulted in the suspension, or demonstrate that earlier readmission is in the best interest of the student and the University. Approval for such readmission must be given by the vice president or by the campus judicial council.
Students who have been suspended and whose suspension upon appeal is found to have been unwarranted shall be provided full opportunity to reestablish their academic and student standing to the extent possible within the abilities of the University, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action.
(Complete policy available in the office of the vice president for student affairs.)
A. Academic grievances are defined as the following:
1. a claim by the student that an assigned grade is the result of arbitrary or capricious application of otherwise valid standards of academic evaluation; or
2. a claim by the student that the standards for evaluation are arbitrary or capricious; or
3. a claim by the student that the instructor has taken an arbitrary or capricious action which adversely affects the student's academic progress; or
4. a claim by the student that a University department, program, or office has made a decision not in keeping with University policy or taken an arbitrary, capricious, or discriminatory action which adversely affects the student's academic progress.
B. A student wishing to pursue an academic grievance must take the following steps to try to resolve the grievance prior to the filing of an official academic appeal:
1. the student shall first attempt to resolve the matter with the instructor;
2. if resolution is not achieved between the student and instructor, the student shall ask the department chair to resolve the grievance;
3. if resolution is not achieved at the department chair level, the chair shall forward a written summary to the dean of the school or college in a further effort to achieve resolution;
4. if resolution is not achieved at this point, the student may petition for a hearing before the board of academic appeals. (An appointment should be made to meet with the associate or assistant vice president for student affairs to obtain the necessary forms and information relative to filing the petition.)
Title II of the Americans With Disabilities Act of 1990, the Washington state law against discrimination, RCW 49.60, RCW 288.10.910-914, and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination against persons of disability on the basis of disability. Central Washington University is committed to providing reasonable accommodations to all qualified persons of disability to ensure access to programs, activities, and services.
To be considered disabled, a student must have a physical, mental, or sensory condition that significantly affects one or more of life's major functions (i.e., walking, talking, hearing, seeing, working, learning, etc.).
A student is considered qualified if the student: 1) meets all eligibility criteria, 2) is able to (with or without accommodation) perform the essential functions of the program or activity, and 3) is able to benefit from a service.
The term accommodation means any change or adjustment that makes it possible for a student of disability to participate in a program or activity, or benefit from a service.
The term reasonable means that provision of the required accommodation will not result in: 1) an undue financial hardship, 2) an undue administrative hardship, or 3) a fundamental alteration to the nature of the program.
Please note that a decision not to provide accommodation:
a. must take into consideration fiscal resources of the entire University,
b. must be explained in writing by the University President,
c. must be defended by the University if legally challenged.
The following procedures have been established in a sincere effort to accommodate students of disability:
A. Establishing Eligibility for Accommodation
1. REQUESTING ACCOMMODATION: Students wishing to request accommodation are responsible for initiating contact with Disability Support Services.
2. DOCUMENTATION: Students are responsible for providing documentation that includes the names and results of all tests used to diagnose the disability, describes the nature and effect of the disability, and makes suggestions of specific accommodations that would provide the student access to University programs, activities, and services. This documentation is confidential medical information and will be maintained in separate files in Disability Support Services.
B. Provision of Academic Accommodations
1. Disability Support Services is responsible for:
a. assessing the effect of a student's disability on his/her ability to access the educational process;
b. identifying accommodations that the University will provide to ensure that CWU's programs, activities, and services are accessible;
c. communicating procedures that outline 1) student and university responsibilities, and 2) set time lines for requests and delivery of accommodations;
d. providing services to help faculty and staff accommodate the needs of students.
2. The student is responsible for:
a. making the appropriate people on campus aware of his/her need and eligibility for accommodation in a timely manner;
b. Working with the faculty, staff, and Disability Support Services to determine how the accommodation will be provided;
c. following policies and procedures set forth by the University and by Disability Support Services.
1. The University has no obligation to accommodate a student who fails to establish eligibility with Disability Support Services.
2. The University reserves the right to suspend accommodations to students who abuse services or fail to follow University policies/procedures.
3. If failure to use an accommodation results in damage to CWU equipment, the student will be held responsible for the repair or replacement of the damaged equipment.
4. The faculty and/or staff is responsible for:
a. working with the student and Disability Support Services to identify an effective means of providing requested accommodations;
b. providing requested accommodations.
NOTE: To assist faculty and staff in the provision of requested accommodations, Disability Support Servcies office has programs to provide print materials in alternative formats, administer alternative examination, furnish sign language interpreters, etc. If for any reason the faculty or staff decides not to utilize service provided by Disability Support Services, the faculty/staff member and their department will assume administrative and fiscal responsibility for ensuring that the student's need for accommodations are met.
C. Determination of Qualified
1. The student must meet all prerequisite and eligibility criteria as set forth by the department unless that criteria is discriminatory on the basis of disability.
2. The student must be capable of performing the essential elements of the program. If in question, the student is responsible for working with the academic department, appropriate faculty/staff, and the DSS director to determine if s/he (with or without accommodation) can do the essential elements of an academic program/course.
3. The academic department/faculty are responsible for:
a. identifying the essential elements for each academic program/course. This should be done prior to the time that an academic program and/or course is offered. The essential elements of an academic program/course are the key skills, knowledge, or abilities that the program/course is designed to teach the student. When identifying the essential elements, faculty should focus on the desired outcome, not the process used to reach that outcome.
b. working with the student and Disability Support Services director to determine if a student's disability would prevent him/her from doing (with or without accommodation) the essential elements of an academic program/course.
4. The Disability Support Services director is responsible for working with a student, academic department, faculty to:
a. review the determination of a student's ability (with or without accommodation) to acquire the skills that comprise the essential elements of an academic program/course; and
b. review essential elements that present barriers to ensure that those elements are essential and not discriminatory against students of disability.
Any student who believes that she/he has been discriminated against on the basis of disability may file a grievance in the Office for Equal Opportunity, Room 211, Barge Hall (phone: 963-2205 or TDD 963-2207). Grievances may be pursued either formally or informally. A list of state and federal agencies which investigate alleged violations of disability law is also available in the Office for Equal Opportunity.
The Cooperative Education experience is offered through the Career Development Services department in conjunction with academic departments. The Cooperative Education Program is an educational plan designed to integrate classroom study with planned, supervised, and evaluated employment experience linking academic programs with students' career goals and interests. It offers undergraduate and graduate students a unique opportunity to combine career, social and personal growth with the educational process.
Cooperative Education has a profound effect on the way learning takes place because it is interactive and reinforcing. Academic studies and field experiences connect to produce an overall learning environment that gives relevance to students' educational programs and direction to their career development. Students ascribe new value to what is learned in the classroom because, either in principle or practice, they are applying it to the test of a real job. The added ingredient for learning is experience.
The following are the University's minimum requirements (departments may have additional requirements) for student participation:
A. The student is enrolled and pursuing a degree at Central Washington University.
B. The student is in good academic standing.
C. The field experience is directly related to the student's major field of study and/or career goal.
D. The student has completed the appropriate prerequisite courses and possesses the skills and knowledge required for placement in a suitable level of field experience as determined by the student's department.
E. The student must have a department faculty cooperative education (co-op) advisor for enrollment in a Cooperative Education course
F. The student's field experience is a practical position where the student is actively engaged in hands-on learning, not just observing.
A. Students need to register with Career Development Services using the on-line registration process on our web page located at www.cwucareer.com. Registration is the first step and allows the student access to all services offered through the Career Development Services department.
B. The student must complete a formal learning agreement with a learning plan that contains relevant objectives and activities. The agreement form consitiutes a field study plan that includes a description of academic requirements such as term paper/project(s), assigned readings, research project/thesis, progress reports, final report, etc. The Learning Agreement must be endorsed by the employer/supervisor, the student, the faculty co-op advisor, department chair, and the Director of Cooperative Education.
C. The student must submit a completed Cooperative Education Learning Agreement form Career Development Services to complete the registration process for enrollment in the Cooperative Education course.
D. Cooperative Education courses are numbered 290, 490, and 590. Credits are variable 1-5 for 290, 1-12 for 490, and 1-8 for 590 level courses.
E. A freshman should complete at least 45 credits at CWU prior to enrolling in the Cooperative Education course. A transfer student should complete at least 15 credits at CWU and have a total of 45 credits, including transfer credits, prior to enrolling in the Cooperative Education course.
F. The student should complete a minimum of 90 credit hours with 10 or more credits in his/her major to be eligible for enrollment in the 490 level course. Departments may have additional requirements for this level of experience.
G. A student who desires a career exploration experience, or who has not declared a major, is limited to enrolling for the Cooperative Edcuation course at the 290 level.
H. The student may reenroll for the Cooperative Education course, but, in no case will a student be allowed to count more than 10 credits at the 290 level nor more than 20 total credits toward graduation requirements. No more than 10 credits are accepted in transfer. No more than 8 credits may be applied to a graduate degree.
I. Cooperative Education courses may be repeated if field experience learning objectives and activities are distinctly different from previous work or field experience.
A. Cooperative Education credits are to be awarded on the basis of quality, magnitude, and the level of learning (learning plan, relevant objective and activities) that take place during the field experience.
B. For University standardization practice, credits are awarded using a minimum of 40 or more clock hours of approved field experience for each credit hour earned. Clock hours will include time spent to complete the work phase and the academic phase (term paper/project(s), journal or log, progress reports, assigned readings, final report, etc.) of the field experience.
C. An appropriate means for evaluation (progress reports, performance evaluations, final report, etc.) of the learning is established between the student, the employer, and the faculty co-op advisor.
D. The student will be awarded an S/U grade (letter grade optional with approval of faculty co-op advisor) for the Cooperative Education course.
E. If the field experience is terminated by the employer or academic department, the student will not receive credit.
F. Credit will not be given for previous field or work-study experience.
A. Daily supervision of the student is to be provided by the cooperating company/agency work supervisor who will be identified prior to the field experience.
B. Cooperative Education courses shall be under the direct guidance, direction, and coordination of a faculty co-op advisor as part of the regular teaching load. Credit for faculty load shall comply with faculty code, Part 4, Section 7.20, B, 1, a, (3) of the current (1992) code. The faculty co-op advisor is available to the student in the field. The faculty advisor arranges and coordinates visitations/contacts with the employer/supervisor and the student a minimum of twice each quarter. The faculty co-op advisor keeps a file on each student's work (term paper/project(s), final report, etc.) with his/her department office.
C. The Office of Cooperative Education is an academic support service which facilitates the advising of students in the placement and cooperative education process; the development and sharing of employment information to students among departments; marketing the program; maintaining program direction, sustaining quality control for the program; conducting program research, assessment, and evaluation; and providing training and development opportunities for faculty co-op advisors and staff.
D. The Office of Cooperative Education staff is available for field visitations/contacts when suitable faculty representation is not available or upon request of the faculty co-op advisor or department chair.
A. The placement process is intended to be a real-life job seeking experience for the student, including competition for positions.
B. Students may propose their own placement to the faculty co-op advisor. The faculty co-op advisor determines the suitability of the placement with a given employer for Cooperative Education credit.
C. The placement must conform to affirmative action and EEO/TitleIX/ADA guidelines.
The cooperating employer/agency must agree to provide a written description of field experience tasks, identify a field supervisor and submit his/her qualifications to the appropriate university department and the Office of Cooperative Education prior to approval of the Learning Agreement.
A. Paid field experience positions are sought where possible and practicable.
B. Unpaid positions may be used but are limited to the equivalent of working full-time for one quarter (approximately 400 hours).
C. Student should not be put in a position where they are exploited as a source of cheap labor, replace or are in direct competition with regular employees.
D. Participation in Cooperative Education unpaid experiences should not become an undue financial burden for the student or be the cause of the student withdrawing from the University for financial reasons.
The Cooperative Education Program is subject to periodic review and assessment, completed at least once every five years. Routine review of evaluations from employers, faculty, and students occurs on a quarterly basis along with continuous review of field placement sites.
(Complete policy available in the office of the vice president for student affairs)
The purpose of this section is to briefly summarize the key points of the University policy regarding the distribution, possession, and use of alcohol and other drugs. In order to comply with the requirements of the Drug-Free Schools and Communities Act and the Drug-Free Workplace Ace, a complete description of relevant laws, procedures, sanctions, and prevention information is provided in the Addenda that follow this summary.
A. Legal Issues.
The University's policy regarding the possession and consumption of alcohol and other drugs on campus has been developed in keeping with Washington State law and the Governor's policy on alcoholism and drug dependency. Washington State laws are described in the Revised Code of Washington and the Washington Administrative Code. Members of the University community may review these documents at the University library. For example, state laws regulate behavior such as the consumption of alcohol in public places, the furnishing of liquor to minors, the illegal purchase of alcohol, and the distribution of controlled substances, to name a few. A brief description of applicable local, state, and federal laws is provided in Addendum A. The University Policy assumes that individuals of the University community have read, understood, and agree to abide by these local, state, and federal laws.
B. Proscribed Student Conduct.
According to the Washington Administrative Code (WAC 106-120-027), a student shall be subject to disciplinary action or sanction upon violation of any of the following conduct proscriptions:
(14) Possession, use, or distribution on campus of any controlled substance as defined by the laws of the United States or the state of Washington except as expressly permitted by law.
(15) Violation of the university policy on alcoholic beverages which states:
a. Persons twenty-one years of age or older may possess and/or consume alcoholic beverages within the privacy of their residence hall rooms or apartments. Washington State law provides severe penalties for the possession or consumption of alcoholic beverages by persons under twenty-one years of age and for persons who furnish alcoholic beverages to minors. All University students should be aware of these laws and the possible consequences of violations.
b. The University does not condone the consumption of alcoholic beverages by minors at functions sponsored by Central Washington University organizations. Organizations are held responsible for the conduct of their members at functions sponsored by the organization and for failure to comply with the Washington state law.
c. The campus judicial council may place on probation any organization or prohibit a specific campus social function when the consumption of alcoholic beverages has become a problem of concern to the University.
(16) Violation of clearly stated proscriptions in any published rule or regulation promulgated by any official campus committee or commission or council acting within the scope of its authority.
(17) Violation on campus of any state or federal law or violation of any state or federal law off campus while participating in any University sponsored activity.
C. Proscribed Employee Conduct.
As a condition of employment at the University, all employees will abide by the terms of the Drug Free Workplace Act of 1988 which prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the university workplace. This Act also requires that employees notify their supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.
In addition, University employees (i.e., faculty, staff, administrators, and student staff) are obligated to work effectively and cooperatively in their positions. Responsibility to improve substandard performance or to correct unacceptable work behavior rests with the individual employee, regardless of the underlying causative factors or circumstances that may be present. While alcoholism and/or other drug dependencies may be among the factors contributing to an employee's job performance problems, it remains the responsibility of the individual employee to seek appropriate treatment. Failure to correct unsatisfactory job performance or behavior, for whatever reason, will result in appropriate disciplinary action, ranging from verbal/written reprimand to termination of employment.
University employees are expected to be familiar with the University policies or codes that pertain to their employment on campus. Policies concerning the behavior of employees are contained in one or more of the following sources: The Exempt Employees Code of Personnel Policies and Procedures, the Faculty Code of Personnel Policies and Procedures, and the Higher Education Personnel Board Rule. Faculty members should be aware that the Drug and Alcohol Policy is an official University policy; as such, violations of this policy are subject to the sanctions described in Sections 10.20 and 10.25 of the Faculty Code. Sanctions for the willful violation by civil service employees of published institutional regulations are included in HEPB WAC 251-11-030. Administrative exempt personnel are referred to Section 3.04 of the Exempt Employees Code for sanctions resulting from the willful violation of published institutional guidelines.
D. Problem Solving Committee/Student Assistance Program.
In order to promote the health and well-being of our student population, the University employs a Student Assistance Program (SAP) when dealing with student alcohol and other drug abuse problems. Any student may take advantage of the SAP through self-referral or referral by other students, staff, or faculty. The SAP can aid in assessing the seriousness of a substance abuse problem, identify healthy alternatives for dealing with a problem, and make referrals to the appropriate services and/or treatment programs. The SAP also coordinates case management and follow-up services for those in recovery and/or recently completing substance abuse treatment.
For a complete description of resources and the CWU Student Assistance and Intervention Programs, please see Addenda C and D.
E. Employee Advisory Services (509) 482-3686.
Alcoholism and drug dependency are defined as illness that interfere with an employee's ability to perform assigned work satisfactorily or that adversely affect job behavior. Employees are encouraged to voluntarily seek expert assistance for alcoholism, drug dependency, or any other job-impairing personal problem. Assistance is available through a variety of professional resources on campus and in the community. Questions regarding medical insurance coverage for professional services should be referred to the employee's medical plan provider.
Supervisors are required to identify, document, and attempt to correct all employee job performance and/or work behavior problems, using standard corrective action procedures outlined in either personnel policies or the Faculty and Administrative Exempt Codes. They should not diagnose alcoholism, drug dependency, or any other complex medical-behavioral problem. However, corrective effects may include referral to professional treatment resources at any time during the process. Supervisors are encouraged to share information regarding professional treatment services with the employees on a regular basis. Pamphlets describing available services are available from the CWU department of personnel services or from the Wellness Coordinator. See Addendum D for a description of professional drug treatment and counseling resources.
F. Serving Alcoholic Beverages on Campus.
University departments and student organizations are encouraged not to involve alcoholic beverages in any sponsored function. If they choose to do so, they are urged to consider the effects and the responsibility they assume in making such decisions. If the members of the department or organization choose to include alcoholic beverages in their functions, they must comply with all local and state laws, as well as specified liquor guidelines.
All groups and organizations sponsoring social events held on the CWU campus and all recognized University groups holding events off campus which involve the serving and consumption of alcoholic beverages are obliged to comply with the procedures and guidelines outlined in Addendum E.
There will be no marketing or advertising of alcoholic beverages on the Central Washington University campus, except as allowed by state law. The University name will not be associated with the advertising of alcoholic beverages.
H. Policy Implementation and Application.
This policy applies to all members of the Central Washington University community at all events sponsored by the University and/or held in any University facility. It is expected that the University policy regarding alcohol and other drugs will be applied in a consistent manner.
Applicable Local, State, and Federal Laws
Provided below is a brief description of local, state, and federal laws that apply to alcohol and other drugs. This is not intended as a direct quotation of the RCW or other laws. Further information about local, state, and federal laws can be found in the CWU Library.
The City of Ellensburg
Drugs and Intoxicating Liquor
7.40.04 Liquor is not allowed in public places this includes all property owned by the City of Ellensburg to include parks.
7.40.08 It is illegal to sell liquor to any person that appears to be under the influence of liquor.
7.40.12 No person shall give or supply liquor to a minor (exceptions)
7.40.13 Sale of tobacco products to minors (under 18 years of age) is not permitted, signs shall be posted stating the same.
7.40.14 It is unlawful to possess Marihuana, any part of the plant, its seeds or resin.
7.40.1 It shall be a gross Misdemeanor to be in possession of drug paraphernalia.
7.40.20 Purchase or consumption of liquor by a minor is unlawful.
7.40.22 It is unlawful for a minor to frequent taverns, cocktail lounges or other establishments dispensing intoxicating liquor.
7.40.26 It is unlawful to leave children in a parked automobile while in a tavern.
The city of Ellensburg has adopted by reference Chapter 46.90 RCW relating to the "Washington Model Traffic Ordinance."
Kittitas County Alcohol and Drug Abuse Policy
10.32.030 (3) It is unlawful to operate any snowmobile while under the influence of alcohol or other drugs.
10.37.040 It is unlawful for any person to operate any nonhighway vehicle while under the influence of alcohol or other drugs.
9.12.030 (f) It is unlawful for any person to operate any vessel or manipulate any water skis, surfboards or similar device while under the influence of intoxicating liquor or narcotic or habit-forming drugs.
Washington State Law (Revised Code of Washington)
69.41.030 It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician
69.41.040 A prescription, in order to be effective in legalizing the possession of a legend drug, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such drugs.
69.41.340 Student athletes found using steroids will lose their eligibility to participate in school-sponsored athletic events.
69.50.401 It is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. Penalties for this law are based on the quantity and the schedule of the drug involved similar to the federal law. 69.50.403 It is unlawful to falsify any information related to drug manufacturing or distribution or to attempt to obtain a controlled substance by fraud, deceit, misrepresentation, or subterfuge or by forgery or alteration of a prescription.
69.50.406 Distribution to persons under age eighteen is punishable by a fine and imprisonment of up to twice the authorized amount.
69.50.408 Second or subsequent offenses may be fined and imprisoned for twice the normal amount allowed by law.
69.50.410 It is unlawful for any person to sell for profit any controlled substance or counterfeit substance classified in the schedule of drugs.
69.50.412 It is unlawful for any person to use paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the body a controlled substance. This is a misdemeanor. It is unlawful for any person to deliver, possess with the intent to deliver or manufacture with the intent to deliver drug paraphernalia.
69.50.415 Any person that delivers a controlled substance to as person that results in the death of that person is guilty of a controlled substance homicide, a class B felony.
69.50.435 Violations of the various state laws that are committed on a school bus or in the near vicinity of school grounds are punishable at twice the normal allowed fine or imprisonment
69.50.505 The following are subject to seizure and forfeiture if involved in the dealing of drugs and no property rights exist in them: all controlled substances, all raw material used in manufacturing, all property used as a container, all conveyances autos, boats, airplanes, use to transport drugs, all books and records, all drug paraphernalia, all moneys, all real property.
69.50.509 If upon the sworn complaint of any person, it shall be made to appear to any judge that there is probable cause related to drug dealing the judge shall with or without the approval of the prosecuting attorneys issue a warrant for search and seizure of controlled substances.
69.52.030 It is unlawful for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.
69.52.040 Imitation controlled substances shall be subject to seizure, forfeiture, and disposition in the same manner as are controlled substances.
66.44.100 No person shall open the package containing liquor or consume liquor in a public place.
66.44.130 Every person who sells by the drink or bottle any liquor shall be guilty of violation of this title (exceptions as permitted by law).
66.44.170 It is illegal to possess liquor with the intent to sell with out proper license.
66.44.200 No person shall sell any liquor to any person apparently under the influence on liquor.
66.44.250 It is unlawful to drink on a public conveyance, i.e. bus or train except as permitted by law.
66.44.270 It is unlawful to sell or give liquor to a minor, any person under the age of twenty-one. It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.
66.44.280 It is unlawful for a minor to attempt to apply for a permit.
66.44.290 It is unlawful for a minor to attempt to buy liquor.
66.44.291 Every person that is guilty of a violation of RCW 66.44.290 is guilty of a misdemeanor and will be punished according to the law and fined a minimum of two hundred fifty dollars and will do twenty-five hours of community service.
66.44.300 It is unlawful for a person to invite a minor into a public place where liquor is being served.
66.44.310 It is unlawful to misrepresent your age to gain access to a liquor serving establishment.
66.44.325 It is unlawful to transfer to a minor an identification of age for the purpose of permitting such minor to obtain alcoholic beverages.
66.44.328 No person may forge, alter counterfeit, or otherwise prepare or acquire and supply to a person under the age of twenty-one years a facsimile of any of the officially issued cards of identification.
46.61.502 It is unlawful to drive while under the influence of intoxicating liquor or drugs.
46.61.504 It is unlawful to be in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs .
46.61.519 It is a traffic infraction to drink beverage alcohol or have an open receptacle of a alcoholic beverage in a motor vehicle while on the state highways.
46.61.5195 It is unlawful to disguise an alcoholic beverage in another container.
46.61.520 If a person dies from a related injury within three years after a accident involving alcohol the person that caused the damage can be charged with vehicular homicide.
University Sanctions for Violations of Proscribed Student Conduct
Official University action will be taken when violation of state law or University policy regarding alcohol and other illicit drugs occur. Repeated violations carry more significant consequences. The vice president's office may include in the sanction mandated contact with the prevention coordinator and/or direct referral for assessment through the Alcohol Drug Dependency Service (ADDS) in Kittitas County. If alcohol or other drug abuse is a related factor in the violation of other proscribed conduct the same mandate may be considered appropriate.
Following are the sanctions available as they appear in the CWU Student Judicial Code:
1. Warning. Notice in writing that the student has violated University rules or regulations or has otherwise failed to meet the University's standard of conduct. Such warning will contain the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.
2. Disciplinary Probation. Formal action specifying the conditions under which a student may continue to be a student at the University including limitation of specified activities, movement, or presence on the CWU campus. The conditions specified may be in effect for a period of time or for the duration of the student's attendance at the University.
3. Restitution. An individual may be required to make restitution for damage or loss to University or other property and for injury to persons. Failure to make restitution will result in suspension for an indefinite period of time as set forth in subsection (4) below provided that a student may be reinstated upon payment.
4. Suspension. Dismissal from the University and from status as a student for a stated period. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter are to be refunded.
5. Deferred Suspension. Notice of suspension from the University with the provision that the student may remain enrolled contingent on meeting a specified condition. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.
6. Expulsion. The surrender of all rights and privileges of membership in the University community and exclusion from the campus without any possibility for return.
NOTE: These are being reviewed.
The vice president's office may invoke a Summary Suspension of any student from the University pending investigation, action or prosecution of charges of an alleged violation of proscribed conduct when there is reason to believe that their physical or emotional safety and well-being or the safety and well-being of other University community members, or the protection of property requires such suspension.
When chronic alcohol or other drug use is involved, as is often the case when a student has been suspended or suspension is imminent, re-entry after a period of suspension or continuation in school on a deferred suspension may be contingent upon the student successfully completing an appropriate treatment program. The specific treatment would be recommended by the Wellness Coordinator and/or by members of the staff of local substance abuse treatment agencies. Generally, documentation from treatment counselors or program directors confirming successful completion of treatment and a positive prognosis for recovery are required for reinstatement or continuation in school.
Problem Solving Comittee
When student behavioral problems occur, the University may employ a team problem-solving approach. The chief of campus police joins the student affairs team weekly to review residence living incident reports filed by living group advisors (LGA’s) and managers, as well as campus police reports which cover both on- and off-campus students. This problem-solving team then deals with student behavioral problems generally violative of the conduct proscriptions contained with the CWU student judicial code (WAC 106-120). It has been found that alcohol and other drug abuse is involved in the majority of student behavioral problems. The problem-solving team works together to suggest intervention strategies which are considered to be the most appropriate and effective for eliminating specific negative student behaviors, especially those related to violence and substance abuse. The team may suggest one of the following forms of intervention: (1) a meeting with members of the residence living student staff; (2) a meeting with one of the residence living or housing administrative staff; or (3) a meeting with the Wellness Coordinator or other appropriate staff members.
Official hearings in the vice president’s office are conducted when it becomes apparent to the problem-solving team that the initial and more informal forms of intervention with a student have been unsuccessful in positively modifying a student’s behavior.
Campus and Community Resources
Wellness Center 963-3213
Located in suites 111-113, the Wildcat Wellness Center provides confidential services to students staff and faculty at Central Washington University regarding any issue that is related to alcohol and other drugs. The services include: informal assessment, referral, intervention, aftercare, information and education.
Sexual Assault Response Coordinator: This service is provided by the Director of the Wellness Center. Students may call 963-3214 and leave a confidential message and/or drop by the Wellness Center at 111-113 Sue Lombard Hall. Services include confidential counseling, referral, advocacy, information and crisis response for victims, survivors and significant others.
The Students for an Assault Free Environment (SAFE) peer education program is sponsored by the Wellness Center and advised by the Wellness Center's Health Educator. They can be reached by phoning 963-3213.
Student Health and Counseling Center
Provides counseling services to all students attending Central Washington University. Services include private confidential one on one counseling and some special interest group counseling services. You must be a student of Central Washington University. Services are funded by student fees.
Community Psychological Services Center 963-2501
Services are provided by graduate students under the supervision of a professor working in the graduate counseling studies area. Services include one on one counseling sessions. Some group sessions are available depending on need and students to provide the service. There is no charge for services.
Alcohol Drug Dependency Services (ADDS) 925-9821
ADDS provides state mandated services to the Kittitas County population. These services include: family and individual counseling, living skills counseling, intensive outpatient treatment, substance abuse issues training, alcohol/drug information school alcohol/drug evaluation, full-screen urinalysis, 24-hour crisis intervention service, DWI assessments, deferred prosecution services, pre-employment drug screening, anger management counseling, parenting skills training and employee assistance services. Fees are based on a sliding fee scale.
Central Washington Comprehensive Mental Health 925-9861
CWCMH provides a variety of services from its office in Ellensburg and out of its Yakima office. CWCMH offers individual and group therapy for adults who are dependent on chemical substances. The only methadone detoxification and maintenance program offered in Central Washington is located at the Yakima Center and assists individuals addicted to opiate drugs. Fees are based on a sliding fee scale.
Kittitas Valley Recovery Services 925-7227
KVRS offers alcohol/drug assessments, DWI/deferred prosecution assessments, outpatient counseling services, co-dependency counseling along with most other services associated with chemical dependency, to include individual, family and group counseling. Fees are based on a sliding fee scale.
Washington State Employee Advisory Service (509) 456-5000
EAS is a State of Washington program that offers help to any state employee or family member who has a personal problem that may or does impact their job performance. EAS does not attempt to treat or solve all problems its services consist of brief counseling to help clarify your problems and develop a practical plan for solving them. There is no fee associated with the EAS, referral to other agencies for support may require a fee.
(Alano Club 925-2494)
A.A. is a voluntary, worldwide fellowship of men and women from all walks of life who meet together to attain and maintain sobriety. The only requirement for membership is a desire to stop drinking. There are no dues or fees for A.A. membership.
Crisis Line - Lower County 925-4168
Upper County 674-2881
A 24-hour referral service for the residence of Kittitas County. Crisis Line is manned by volunteers that stay up to date on the services and agencies that may assist a person with any number of problems.
Procedures for Serving Alcoholic Beverages on Campus
The following procedures must be followed by any party that intends to serve alcoholic beverages on campus:
1. All events will be staffed by one or more certified Social Attendant(s) who has completed the required training course provided by the Washington State Liquor Control Board. The number of Social Attendants for a given event will be determined and subsequently hired through the University Substance Abuse Prevention Program.
2. If alcoholic beverages are to be served at a social event, the sponsoring university group is required to provide nonalcoholic beverages as well. The variety of alcoholic and nonalcoholic beverages available to be served shall be equal. In addition, the sponsoring group encouraged to also provide food at the social event, in keeping with the intent of a banquet permit. Provision for serving such nonalcoholic beverages must be outlined on the University permit.
3. Personal identification will be checked to verify age and to prevent minors from consuming alcoholic beverages; identification will include a picture of the individual. Individuals whose age cannot be verified by identification provided to the Social Attendant will not be served beverages containing alcohol. Acceptance or rejection of identification is within the discretion of the Social Attendant.
4. If it is determined by the Social Attendant that an individual has consumed too much alcohol, she/he will no longer be served beverages containing alcohol.
5. If an individual becomes verbally and/or physically abusive, the Social Attendant will do any or all of the following:
a. Inform the coordinator of the event of the problem behavior;
b. Call the Student Union Building Night Manager;
c. Call Campus Security.
6. After the event, a written report will be completed by the Social Attendant which will describe any problems, concerns, or suggestions that pertain to the event. The report will be kept on file and reviewed if and when the sponsoring organization subsequently requests University space for social functions involving alcohol consumption. Documentation of problems or violations at previous social events may result in the group not being allowed an alcohol use permit in the future. In addition, any areas of concern will be provided, in writing, to the sponsoring organization after the event. A copy of this and any subsequent communication will be kept on file in the University Substance Abuse Prevention Program Office.
7. Sponsoring organizations should be aware of the consequences of failure to comply with the policy regarding the serving and consumption of alcoholic beverages. The individuals responsible for the event will be held accountable under all Washington State laws. Other possible consequences include, but are not limited to:
a. Sponsoring clubs and organizations may lose recognition as official university clubs and organizations.
b. Visiting groups may not be allowed to use University facilities in the future.
c. Other University groups may not be issued alcohol use permits in the future.
Central Washington University
Student Sexual Assault Response Policy
Central Washington University affirms respect, responsibility, and caring among all persons within the community. Central Washington University will not tolerate sexual assault or sexual misconduct in any form. The university is committed to preventing all forms of sexual assault, and to providing accessible, responsive services for dealing with such offenses. Sexual assault on the part of any student is clearly inconsistent with Central Washington University values, and is considered a form of sexual harassment in violation of the university Student Rights and Responsibilities Policy, as well as a violation of state and federal law. Federal law requires specific policy and procedures to address sexually assaultive behavior on the part of students. Allegations of sexual assault by students should be addressed through this policy, administered by the office of the Vice President for Student Affairs and Enrollment Management.
(Complete policy available in the office of the Vice President for Student Affairs and Enrollment Management.)
Rapid processing of federal financial aid and federal contingency plans will protect students at Cen