Section 132M-125-205. Supplemental definitions.

The following supplemental definitions shall apply for purposes of student conduct code proceedings involving allegations of sexual misconduct by a student:

(1) A "complainant" is an alleged victim of sexual misconduct, as defined in subsection (2) of this section.

(2) "Sexual misconduct" is prohibited sexual- or gender-based conduct by a student including, but not limited to:

(a) Sexual activity for which clear and voluntary consent has not been given in advance;

(b) Sexual activity with someone who is incapable of giving valid consent because, for example, she or he is underage, sleeping or otherwise incapacitated due to alcohol or drugs;

(c) Sexual harassment;

(d) Sexual violence which includes, but is not limited to, sexual assault, domestic violence, intimate violence, and sexual- or gender-based stalking;

(e) Nonphysical conduct such as sexual- or gender-based digital media stalking, sexual- or gender-based online harassment, sexual- or gender-based cyberbullying, nonconsensual recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.

[Statutory Authority: RCW 28B.50.140, 42.56.040, Violence Against Women Reauthorization Act of 2013, and Title IX of the Educational Amendments of 1972. WSR 15-12-041, § 132M-125-205, filed 5/27/15, effective 6/27/15.]

RCW 28B.50.140, 42.56.040, Violence Against Women Reauthorization Act of 2013, and Title IX of the Educational Amendments of 1972. WSR 15-12-041, § 132M-125-205, filed 5/27/15, effective 6/27/15.