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PDFWAC 172-121-020

Definitions.

For purposes of the student conduct code, chapter 172-121 WAC, the definitions in this section apply.
"Appeal authority" refers to the conduct review official presiding over an appeal under WAC 172-121-130.
"Appellant" refers to any respondent or complainant who appeals the decisions or sanctions of a hearing authority under WAC 172-121-130.
"Brief hearing" refers to a brief conduct review hearing before a conduct review officer for allegations that, if substantiated by a preponderance of evidence, would result in a sanction less than a suspension or expulsion, do not involve a Title IX complaint, and that do not involve felony-level crimes.
"Business days" refers to the days and hours the university is open for business. Business days are Monday through Friday, from 8:00 a.m. to 5:00 p.m., excluding holidays as set forth in the university holiday schedule.
"Complainant" means the person who was subjected to the alleged misconduct. The complainant may or may not be the reporting party. If the person who was subjected to the alleged misconduct does not wish to pursue a student conduct case, the university may initiate the student conduct process on its own behalf.
"Conduct review officer" or "CRO" refers to the person designated to serve as the decision maker for a brief hearing or the presiding officer for a full hearing.
"Council" or "the council" refers to the student disciplinary council as described in WAC 172-121-070.
"Council hearing" refers to a full conduct review hearing before the student disciplinary council.
"Dean of students" refers to the dean of students or designee.
"Director of SRR" or "director" refers to the director of student rights and responsibilities or designee.
"Filing" means to actually deliver documents. Documents required to be filed with a specific person under these rules shall be deemed filed upon actual receipt during office hours at EWU. Papers may be filed by delivering them to the dean of student's office, sending them via United States mail, properly addressed, postage prepaid, to 129 Showalter Hall, or emailing them to srr@ewu.edu.
"Full hearing" refers to a full conduct reviewing hearing before the council for allegations that, if substantiated by a preponderance of the evidence, could result in a sanction of a suspension or expulsion, involve a Title IX complaint, or that could constitute felony-level crimes.
"Hearing authority" refers to the decision-maker in a conduct review hearing.
"Interpersonal violence" encompasses domestic violence, dating violence, and stalking.
"Notify" means to provide notice to a person. A person may be notified in person, by telephone, by sending notice to the person's university email account, by leaving a message on his or her personal telephone, or by sending the notice in the United States mail, properly addressed, postage prepaid, to the person's last known address.
"Off-campus" refers to any location or facility that is not owned, leased, rented, or operated by Eastern Washington University.
"Party/parties" refers to the complainant, respondent, and/or the university.
"Policies" or "university policy" refers to the written regulations of the university, including the standards of conduct for students, residence life handbook, housing contract, university policies, and graduate/undergraduate catalogs and handbooks.
"Recognized student organizations" refers to clubs, organizations, societies or similarly organized groups recognized by the university or the associated students of Eastern Washington University (ASEWU).
"Reporting party" means the person who notifies student rights and responsibilities of alleged misconduct by a student or student organization. The reporting party may also be the complainant, but need not be the complainant.
"Respondent" refers to any student or student organization accused of violating the student conduct code under this chapter.
"Serve" means to post a document in the United States mail, properly addressed, postage prepaid, to a person's last known address, personal service, or electronic service to the person's university email account. Service by mail is complete upon deposit in the United States mail.
"Session council" refers to the student disciplinary council members selected for a specific hearing or appeal.
"Sexual misconduct" encompasses sexual harassment or sexual assault, as defined in WAC 172-121-200.
"Student" includes all of the following:
(a) Any applicant who becomes enrolled, for violations of the code committed as part of the application process or committed following the applicant's submission of the application until the time of official enrollment;
(b) Any person currently enrolled at the university;
(c) Nonmatriculated, international students attending institutes or foreign study programs through the university; and
(d) Any person who was previously enrolled at the university for violations of the code committed while enrolled. A person who engaged in conduct in violation of the student conduct code while a student remains subject to action under this code even if the person has graduated, withdrawn, or is not currently enrolled for any reason.
"Title IX complaint" means a formal signed complaint from a current student, applicant, employee, or person participating in or seeking to participate in a university program or activity, or by the Title IX coordinator, alleging sexual harassment, sexual assault, domestic violence, dating violence, or stalking for the conduct that occurred on university premises, during a university program or activity within the United States, or at a building owned or controlled by a student organization that is officially recognized by the university. A complaint of sexual misconduct or interpersonal violence will only be considered a Title IX complaint under this code if it meets this definition. Sexual misconduct or interpersonal violence may still be addressed under this code if it does not meet the definition of a Title IX complaint.
"Title IX coordinator" refers to the Title IX coordinator or designee.
"University" means Eastern Washington University.
"University official" includes any person employed or contracted by the university, performing assigned administrative or professional responsibilities.
"University premises" means buildings and/or property (including adjacent streets and sidewalks) which are owned, leased, rented or operated by the university, to include all satellite campuses affiliated with the university.
"University president" refers to the university president or designee.
"Vice president for student affairs" refers to the vice president for student affairs or designee.
[Statutory Authority: RCW 28B.35.120(12). WSR 21-01-102, § 172-121-020, filed 12/11/20, effective 1/11/21; WSR 20-19-046, § 172-121-020, filed 9/10/20, effective 10/11/20; WSR 20-01-032, § 172-121-020, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-020, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-020, filed 8/9/17, effective 9/9/17; WSR 15-24-050, § 172-121-020, filed 11/23/15, effective 12/24/15; WSR 13-24-123, § 172-121-020, filed 12/4/13, effective 1/4/14; WSR 09-12-001, § 172-121-020, filed 5/20/09, effective 6/20/09.]
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