Washington State Register, Issue 21-05 WSR 21-05-002 WSR 21-05-002 Is exempt under RCW 19.85.061 because this rule mak- PROPOSED RULES ing is being adopted solely to conform and/or com- THE EVERGREEN STATE COLLEGE ply with federal statute or regulations. Citation of [Filed February 3, 2021, 3:38 p.m.] the specific federal statute or regulation and descrip- Original Notice. tion of the consequences to the state if the rule is not adopted: Title IX Regulations from DOE, imple- Preproposal statement of inquiry was filed as WSR 20- mented August 14, 2020. 21-030. Title of Rule and Other Identifying Information: Chapter The proposed rule does not impose more-than-minor 174-123 WAC, Code of student rights and responsibilities. costs on businesses. Following is a summary of the agency's Amending the rules to comply permanently with the 2020 analysis showing how costs were calculated. No additional Title IX Regulations. personnel is required; trainings will be internal and/or cost Hearing Location(s): On Monday, March 15, 2021, at minimal amounts. 3:00 p.m., via Zoom https://evergreen.zoom.us/j/8966120 February 1, 2021 7179. Hearing will be conducted virtually via Zoom due to Daniel B. Ralph COVID-19 protocols. Any person interested in providing Rules Coordinator comments must either attend the virtual session, or provide written comment to Lori Johnson, director of student rights and responsibilities, at [email protected]. AMENDATORY SECTION (Amending WSR 18-17-102, Comments must be received prior to the hearing on March filed 8/15/18, effective 9/15/18) 15. Date of Intended Adoption: April 26, 2021. WAC 174-123-170 Prohibited conduct. The code of Submit Written Comments to: Lori Johnson, 2700 Ever- student rights and responsibilities recognizes two types of green Parkway N.W., L3009, Olympia, WA 98445, email prohibited conduct: Conduct related to community, and con- [email protected], phone 360-867-6298, by duct related to persons. The subsections below outline the March 15, 2021. basic structures of community that the code seeks to uphold, and the basic rights and expectations of students that the code Assistance for Persons with Disabilities: Contact access seeks to support. Conduct prohibited under Title IX of the services, The Evergreen State College, phone 360-867-6384, Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, email [email protected], by March 9, 2021. and associated procedures are set out in WAC 174-123-355 Purpose of the Proposal and Its Anticipated Effects, to 174-123-440 (supplemental Title IX student conduct pro- Including Any Changes in Existing Rules: Adoption of 2020 cedures). Title IX Regulations into the code of student rights and responsibilities. Changes include new procedure, as outlined (1) Conduct related to community. in the federal regulations, and new definitions of sexual The Evergreen State College community is a vibrant and harassment. engaged collective of individuals who have committed to the Reasons Supporting Proposal: Making the code of stu- mission of the college. The college's mission statement reads dent rights and responsibilities a permanent rule-making as follows: "As an innovative public liberal arts college, change will align Evergreen with the Title IX Regulations, as Evergreen emphasizes collaborative, interdisciplinary learn- required to be in compliance. Evergreen has submitted emer- ing across significant differences. Our academic community gency rule making for these rules since the implementation of engages students in defining and thinking critically about the Title IX Regulations (August 14, 2020), and are seeking their learning. Evergreen supports and benefits from local to make these rules permanent. and global commitments to social justice, diversity, environ- Statutory Authority for Adoption: RCW 28B.40.120. mental stewardship and service in the public interest." Stu- Rule is necessary because of federal law, United States dents are encouraged to continue to grow individualistically Department of Education (DOE). while contributing to and shaping the Evergreen community Agency Comments or Recommendations, if any, as to as each person brings new ideas, new perspectives, and Statutory Language, Implementation, Enforcement, and Fis- renewed focus that is invaluable at a liberal arts college. cal Matters: Not applicable. Students in the college community are expected to prac- Name of Proponent: The Evergreen State College, stu- tice academic integrity: To author their own ideas and cri- dent rights and responsibilities and the Title IX Office, pub- tique and evaluate others' ideas in their own voices. The lic. greater learning community of the college can thrive only if Name of Agency Personnel Responsible for Drafting, each person works with a genuine commitment to make their Implementation, and Enforcement: Lori Johnson, The Ever- own authentic intellectual discoveries. To that end it is a green State College, Olympia Campus, 360-860-6298. community expectation that students and recognized organi- A school district fiscal impact statement is not required zations will not engage in the following prohibited conduct, under RCW 28A.305.135. which constitute violations of this code: A cost-benefit analysis is not required under RCW (a) Academic dishonesty which includes, but is not lim- 34.05.328. ited to, the following: This rule proposal, or portions of the proposal, is exempt (i) Cheating includes any attempt to give or obtain unau- from requirements of the Regulatory Fairness Act because thorized assistance relating to the completion of an academic the proposal: assignment; [ 1 ] Proposed WSR 21-05-002 Washington State Register, Issue 21-05 (ii) Plagiarism includes taking and using as one's own of any electronic or other noise or light emitting device which without proper attribution the ideas, writings, or work of disturbs others, unless use of such technologies are an autho- another person in completing an academic assignment. Pla- rized accommodation for a documented disability for that giarism may also include the unauthorized submission of aca- program). demic work for credit that has been submitted for credit in The faculty member has responsibility for maintaining a another course; productive classroom and can order the temporary removal or (iii) Fabrication includes falsifying data, information, or exclusion from the classroom of any student engaged in dis- citations in completing an academic assignment and also ruptive behavior or behavior that violates the general rules includes providing false or deceptive information to an and regulations of the college for each class session during instructor concerning the completion of an assignment; which the behavior occurs. Extended or permanent exclusion (iv) Using assistance or materials that are expressly for- from the classroom, beyond the session in which the conduct bidden to complete an academic product or assignment; occurred, or further conduct action can be effected only (v) The unauthorized collaboration with any other per- through appropriate procedures of the college. The faculty son during the completion of independent academic work; member may also report incidents of classroom misconduct (vi) Knowingly falsifying or assisting in falsifying in to the student conduct office. whole, or in part, the contents of one's academic work; (e) Forgery, alteration, or the misuse of college docu- (vii) Permitting any other person to substitute oneself to ments, records or identification cards. complete academic work; or (f) Failure to comply with the direction of or failure to (viii) Engaging in any academic behavior specifically identify yourself to a college official or other public official prohibited by a faculty member in the course covenant, sylla- acting in the performance of their duties. bus, or individual or class discussion. (g) Unauthorized entry into or onto, or the unautho- (b) Damaging, defacing, destroying, or tampering rized remaining in, or upon, any college premises; or the with college property or other personal or public property. unauthorized possession, duplication, or use of a college key This includes, but is not limited to, graffiti and vandalism. or other access device. (c) Disorderly conduct which includes any individual (h) Sounding of a false alarm which includes, but is not or group behavior which is abusive, obscene, violent, exces- limited to, initiating or causing to be initiated any false report, sively noisy, or which unreasonably disturbs institutional warning or threat, such as that of fire, explosion or emer- functions, operations, classrooms, other groups or individu- gency that intentionally causes a false emergency response; als. These behaviors include, but are not limited to, those and the improper use or disabling of safety equipment and which obstruct or interfere with institutional activities, pro- signs. grams, events, or facilities, such as: (2) Conduct related to persons. (i) Any unauthorized occupancy of facilities owned or Students of The Evergreen State College are to practice controlled by the college, or blockage of access to or from good citizenship in the campus community and beyond. Our such facilities, or the occupation of college property after collective efforts include implementation of the education, being given notice to depart; experiential learning, and skills gained through engagement (ii) Interference with the ability of any authorized person with the faculty, staff, and students of the college. Engage- to gain