Washington Administrative Code Title 106 - Central Washington University
I. Overview of Title 106 – Central Washington University
Title 106 of the Washington Administrative Code (WAC) establishes the administrative rules and regulations that govern Central Washington University (CWU), a public institution of higher education located in Ellensburg, Washington. These rules are part of the broader framework for state agencies and institutions in Washington, ensuring compliance with state laws, university operations, and procedures for various aspects of university life.
The purpose of these regulations is to ensure:
Academic integrity and administrative efficiency
Student conduct and disciplinary procedures
Employee rules and faculty governance
Campus safety and community relations
University governance under the authority of the Board of Trustees
The rules laid out in Title 106 provide a structured and lawful approach to the governance and management of CWU, balancing the interests of students, faculty, staff, and the state.
II. Structure of Title 106
Title 106 is organized into chapters that address specific areas of university life, including:
Chapter 106-01: Governance and Administrative Structure
Chapter 106-02: Academic Regulations
Chapter 106-03: Student Conduct and Disciplinary Procedures
Chapter 106-04: Faculty and Staff Rules
Chapter 106-05: Health, Safety, and Security
Chapter 106-06: Campus Services and Facilities
Each chapter is designed to regulate different areas of university operation, with some focused on internal university management and others on external legal compliance (such as student rights and public safety).
III. Key Provisions and Explanation
1. Governance and Administrative Structure (Chapter 106-01)
Board of Trustees: CWU operates under the authority of the Board of Trustees, who oversee the university’s management, including the appointment of senior officials (such as the President and other administrators).
President’s Role: The President of CWU is the chief executive officer, responsible for the university's day-to-day operations, under the direction of the Board.
Administrative Divisions: The rules lay out the structure for CWU’s various academic and administrative divisions (such as the College of Arts and Humanities, College of Education, etc.), ensuring that each division has clear governance and reporting requirements.
Legal Principle: The university is treated as a public agency under Washington law, with its governance and decision-making processes subject to state regulations, including the Washington Open Public Meetings Act (OPMA).
2. Academic Regulations (Chapter 106-02)
This chapter sets out academic rules governing the university’s curriculum, grading systems, student enrollment, and degree requirements.
Curriculum and Course Structure: Regulations specify the approval process for new courses, degrees, and academic programs, as well as changes to existing ones.
Grading and Evaluation: The rules outline how grades are assigned, how academic appeals are processed, and the academic probation and dismissal procedures.
Degree Requirements: CWU's rules establish minimum credit requirements for undergraduate and graduate degrees, as well as general education and major-specific requirements.
Legal Principle: The regulations related to academic conduct must comply with equal opportunity laws and non-discrimination principles, ensuring that students are not unfairly treated based on their race, sex, disability, or other protected characteristics.
3. Student Conduct and Disciplinary Procedures (Chapter 106-03)
This chapter governs student behavior, including expectations for conduct and the process for handling violations of university rules.
Code of Conduct: Students are required to adhere to a code of conduct that includes rules about academic integrity, substance abuse, respect for property, and other behaviors that contribute to a safe and respectful university environment.
Disciplinary Process: The rules define the disciplinary process for students accused of violations, including the investigation and hearing procedures, as well as possible sanctions (such as suspension, expulsion, or probation).
Due Process: Students are granted due process rights, including the right to fair hearings, the right to appeal decisions, and the right to have a support person during proceedings.
Legal Principle: The student conduct regulations are grounded in the constitutional rights of students, particularly the right to due process. Courts have held that university disciplinary actions must not violate students' rights to free expression, fairness, and equal treatment.
4. Faculty and Staff Rules (Chapter 106-04)
This chapter outlines the terms of employment for CWU’s faculty and staff, including faculty governance, employment conditions, and staff responsibilities.
Faculty Governance: Faculty members have a voice in university governance through shared decision-making, including involvement in curriculum development, tenure and promotion decisions, and academic policy.
Staff Responsibilities: The rules also set expectations for staff behavior and performance, detailing employment rights, benefits, and disciplinary actions for staff members.
Legal Principle: Employment at CWU is subject to both state labor laws and higher education regulations, including protections against discrimination, harassment, and other unlawful practices in the workplace.
5. Health, Safety, and Security (Chapter 106-05)
Campus Safety: This chapter ensures that CWU provides a safe environment for students, faculty, and staff. It includes regulations on emergency response, campus policing, and security services.
Health and Wellness: The rules also address student health services, mental health support, and general wellness programs for the campus community.
Compliance with State Laws: CWU must comply with various state health and safety laws, including those related to Title IX, disability access, and fire safety.
Legal Principle: Campus safety regulations are critical to upholding the duty of care universities owe to students and employees. Failure to maintain a safe environment could lead to liability under tort law for negligence.
6. Campus Services and Facilities (Chapter 106-06)
Facility Use: This chapter outlines how CWU’s facilities are to be used by students, faculty, and the public, including the reservation process for spaces like classrooms, recreation centers, and student unions.
Student Services: It also governs a range of student services, including advising, career services, and student organizations.
Legal Principle: CWU must ensure that services and facilities are available in a manner that complies with accessibility laws, ensuring that students with disabilities have equal access to facilities and programs.
IV. Case Law Relevant to Title 106
1. Constitutional Rights of Students
In cases such as Goss v. Lopez (1975), courts have held that public universities must provide students with due process before expelling or suspending them. The disciplinary procedures outlined in Chapter 106-03 of CWU’s regulations are likely to be held to similar standards, requiring fair hearings, the right to appeal, and notice of charges.
2. Employment Rights and Faculty Governance
In Pickering v. Board of Education (1968), the U.S. Supreme Court ruled that public employees, including faculty members, have the right to free speech on matters of public concern, but universities can limit speech if it disrupts the functioning of the institution. This case impacts CWU's rules on faculty governance and staff conduct, particularly when faculty members engage in public debate or controversy.
3. Disability Access and Compliance
The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 require that public universities, including CWU, provide equal access to programs and services for students with disabilities. Courts have upheld the university’s duty to provide reasonable accommodations and prevent discrimination in cases like Makin v. University of Arkansas (2000), which may inform CWU’s regulations regarding health, safety, and accessibility.
V. Key Legal Takeaways
Due Process in Disciplinary Matters: The student conduct procedures in Title 106 must comply with constitutional due process requirements, ensuring fairness in disciplinary actions.
Faculty Governance and Employment Rights: Faculty members at CWU have protected rights under state labor laws and must have a voice in academic governance and decision-making.
Access to Services and Facilities: CWU must ensure that all services and facilities are accessible to individuals with disabilities, as required by federal law.
Campus Safety and Liability: CWU has a duty of care to ensure the safety and well-being of its campus community, with potential legal consequences for failing to meet safety obligations.
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