
Your Rights & Responsibilities
When engaged with the community standards process, we want you to know your rights and responsibilities. We are here to protect the opportunities and success of all members of our Cougar community and as a WSU student, your education is our priority. We have outlined your rights and responsibilities and included links to the related Washington Administrative Codes (WAC) below.
Sharing your experience
You are assumed not responsible
You are assumed not responsible for the reported incident unless it is determined that you were “more likely than not” responsible at your Conduct Officer Hearing or Conduct Board Hearing. WAC 504-26-040
You do not have to self-incriminate
You get to choose what information you want to share. You do not have to share any information which may incriminate you. You will not be viewed negatively if you choose not to share specific information. WAC 504-26-045
You have access to your information
At any point throughout the process, even before you meet with your Conduct Officer, you can request to view your file with details and information related to the incident.
You can provide documentation
Sharing your information ensures that your experience is part of the conversation and is added to the conduct file. You can provide a written statement, submit additional documentation (such as text messages, emails, phone logs, etc.), and provide witnesses.
You have a responsibility to participate
You will benefit from actively engaging in the process. We want you to be involved. If you choose not to show up or participate, the community standards process will continue in your absence.
Your available resources
Information Sessions
Information sessions are led by a Center for Community Standards staff member so they can answer any questions you may have. These sessions help you understand your rights and responsibilities and what you can expect moving forward. WAC-504-26-402
Trained Advisors
You may choose to have an advisor during all stages of the community standards process. Advisors are volunteers, serving for the benefit of students. View the current list of advisors. WAC 504-26-020
Disability or Medically Related Accommodations
You can request accommodations to assist you throughout the community standards process. If you would benefit from accommodations, please contact us.
Language Interpreters
You may also contact us to request a language interpreter at no cost and at any time.
Your right to a fair and equitable process
Understand when community standards apply
Community standards apply to individuals from the time of application until awarding of a degree. The standards apply on university premises, during university sponsored activities (including transit), to online behavior, and to off-campus behavior when it negatively affects the university community. WAC 504-26-015
Confidentiality
Conduct meetings and hearings are closed to public observation. If there is a concern for your personal safety, wellbeing, or fears of confrontation, accommodations for participation can be made. WAC 504-26-025
Legal Representation
A licensed attorney or a legally licensed intern may act and speak on your behalf during Conduct Board hearings. During a Conduct Officer hearing, they can only serve as an advisor. If you choose to have legal representation, it is at your own expense. WAC 504-26-020
Request individuals to be removed from the process
If you believe your assigned Conduct Officer or a board member may have a conflict of interest, you may request to have them removed (recused) from your conduct review. WAC 504-26-125
Option to appeal decisions made by the officer or the board
You can make an appeal if you believe a hearing was conducted unfairly, if you think the information was inadequate for the outcome, if you think the assigned sanction was inappropriate, or if new and sufficient information becomes available. WAC 504-26-420
Your conduct file and record
WSU is not permitted to share your information without your written consent, except:
- when a student under the age of 21 violates alcohol or drug standards, their parents/guardian will be notified,
- when required by law. The community standards process is unique from the legal system and WSU generally does not share information with law enforcement unless required to do so.
- when authorized by the Family Educational Rights and Privacy Act of 1974 (FERPA).
You may also request to remove a single community standards violation from your conduct record. WAC 504-26-530
Rights when reporting an incident or if you were impacted by an incident.
Once an incident has been reported to the University, the term "reporting party" is used to refer to the person or group who filed the report. The person directly impacted by the incident is referred to as the “complainant.” In some cases, the “reporting party” and the “complainant” could be the same person.
Privacy, but not necessarily confidentiality
-
- Incident reports and conduct files are not released to third parties except when authorized by the Family Educational Rights and Privacy Act of 1974 (FERPA) or where release is otherwise required by law.
- The person or group named in the incident report (respondent) is allowed to review the incident report as part of the community standards process. In most cases, the name and information of all students will be removed if a physical copy of the report is provided.
- In certain cases, conduct records could be subject to public records request. Information protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) is removed prior to releasing the record.
Free from retaliation or harassment
-
- The respondent will be warned that they are prohibited from retaliating against the complainant, reporting parties, and witnesses. Any retaliation or attempts to discourage anyone from being involved in the community standards process are considered as additional violations to community standards.
Complainant: Being informed of the outcome
-
- The complainant may be notified of the outcome when the crime is violent in nature.
Reporting Party: Decision not to initiate the community standards process
-
- If the Center for Community Standards decides not to initiate a conduct proceeding, the Center for Community Standards must notify the reporting party of the reasons for the decision and how to seek review of the decision.
A complainant may be designated as a "party" and provided additional rights when the incident involves Title IX, or at the discretion of the Dean of Students or their designee. WAC 504-26-10, Section 14.