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PDFWAC 495B-121-245

Definitions.

The following definitions shall apply for the purpose of this student conduct code.
(1) "Board" means the board of trustees of Bellingham Technical College.
(2) "College" means Bellingham Technical College.
(3) "Student conduct officer" is a Bellingham Technical College employee designated by the president to be responsible for implementing and enforcing the student conduct code. The president or vice president of student services is authorized to reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
(4) "Student group" for purposes of this code is a student organization or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, and student performance groups.
(5) "Conduct review officer" is the vice president of student services or other college administrator designated by the president to be responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code. The president is authorized to reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
(6) "The president" is the president of Bellingham Technical College. The president is authorized to:
(a) Delegate any of their responsibilities as set forth in this chapter as may be reasonably necessary; and
(b) Reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary.
(7) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.
(8) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of ten instructional days or an expulsion are heard by the student conduct committee. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.
(9) "Respondent" is the student against whom disciplinary action is initiated.
(10) "Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:
(a) Hand delivery of the document to the party; or
(b) By sending the document by email and by certified mail, or first-class mail, to the party's last known address.
Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail.
(11) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Unless otherwise provided, filing shall be accomplished by:
(a) Hand delivery of the document to the specified college official or college official's assistant; or
(b) By sending the document by email and first-class mail to the specified college official's office and college email address.
Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official.
(12) "College premises" includes all campuses of Bellingham Technical College, wherever located, and includes all land, buildings, facilities, vehicles, equipment, and other property owned, used, or controlled by the college.
(13) "Student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, and persons who have been notified of their acceptance for admission are considered "students" for purposes of this chapter.
(14) "Day" means a calendar day, except when a "business day" is specified. "Business day" means a weekday, excluding weekends and college holidays.
(15) A "complainant" is an alleged victim of sexual misconduct.
(16) "Sexual misconduct" has the meaning ascribed to this term in WAC 495B-121-265(13).
[Statutory Authority: Chapters 28B.10 and 34.05 RCW, RCW 28B.50.140(13), and 20 U.S.C. § 1092(f). WSR 22-22-002, § 495B-121-245, filed 10/20/22, effective 11/20/22. Statutory Authority: Chapter 34.05 RCW; and RCW 28B.50.140(13); 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-245, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-010, filed 3/30/16, effective 4/30/16.]
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