WAC 132H-126-040

The following definitions shall apply for the purposes of this student conduct code:

(1) "Business day" means a weekday, excluding weekends and college holidays.

(2) "College official" is an employee of the college performing assigned administrative, security, professional, or paraprofessional duties.

(3) "Collegeproperty" shall include, but not be limited to, all campuses of the college, wherever located, and all college-controlled, owned, rented, leased, occupied, or used land, buildings, structures, property, vehicles, equipment, office space, parking lots, any other property and/or college-hosted online platforms utilized by the college for any education programs and activities.

(4) "Complainant" is a student or another member of the college community who is allegedly directly affected by a reported violation of this student conduct code. The complainant may be the reporting party, but not necessarily; witnesses or other third parties may report concerns. A complainant who is directly affected by a claimed violation of this student conduct code is afforded certain rights including, but not limited to:

(a) The right to be informed of all orders issued in the disciplinary case in which the person is a complainant;

(b) The right to appeal a disciplinary decision or dismissal of their complaint; and

(c) The right to be accompanied by an advisor, who may be an attorney retained at the complainant's cost.

(5) "Conduct review officer" is the college administrator designated by the president to be responsible for receiving and reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code.

(6) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code. A written or verbal warning is not disciplinary action.

(7) "Disciplinary appeal" is the process by which an aggrieved student party can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 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 (BAP).

(8) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official. 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) Sending the document by email to the college official's official college email;

(c) Completing a designated online form; or

(d) Sending by first class or certified mail to the specified college official's office address.

(9) "Pregnancy or related conditions" means:

(a) Pregnancy, childbirth, termination of pregnancy, or lactation;

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

(10) "President" is the president of the 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.

(11) "Respondent" is a student who is alleged to have violated the student conduct code.

(12) "Service" is the process by which a document is officially delivered to a party. Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail. Unless otherwise provided, service upon a party shall be accomplished by:

(a) Hand delivery of the document to the party; or

(b) Sending the document by email to the party's official college email; or

(c) Sending the document by certified mail or first class mail to the party's last known address.

(13) "Sexual misconduct" includes prohibited conduct by a student including, but not limited to, sexual harassment, sexual assault, sexual exploitation, indecent exposure, dating violence, or domestic violence. Sex harassment prohibited by Title IX is defined in the Supplemental Title IX Procedures to this code. See WAC- 132H-126-400. Sex harassment or sexual misconduct that does not fall within Title IX may still be a violation of this student conduct code and addressed in accordance with the procedures in this student conduct code.

(14) "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, graduate, or complete courses after the date of a reported violation, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students" for the purposes of this code.

(15) "Student conduct officer" is a college administrator designated by the president to be responsible for implementing and enforcing the student conduct code.

(16) "Student employee" means an individual who is both a student and an employee of the college. When a complainant or respondent is a student employee, the college must make a fact-specific inquiry to determine whether the individual's primary relationship with the college is to receive an education; and whether any reported student conduct code violation occurred while the individual was performing employment-related work.

(17) "Student group" is a student organization, athletic team, or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, student performance groups, and student living groups within student housing.

(18) "Supportive measures" means reasonably available, individualized, and appropriate, nonpunitive and nondisciplinary measures offered by the college to a complainant or respondent without unreasonably burdening either party, and without fee or charge for purposes of:

(a) Restoring or preserving a party's access to the college's educational program or activity, including measures that are designed to protect the safety of the parties or the college's educational environment; or providing support during the college's investigation and disciplinary procedures, or during any informal resolution process; or

(b) Supportive measures may include, but are not limited to: Counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of campus; restriction on contact applied to one or more parties; a leave of absence; change in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sexual harassment.