Section 478-120-014. Definitions.

For the purposes of this conduct code, the following definitions apply:

(1) "Advisor" is a person selected by a respondent or a complainant to provide support and guidance in hearings under this conduct code.

(2) "Allegation of misconduct" is any report of an alleged violation of this conduct code, which may include, but is not limited to, a police report, an incident report, a witness statement, other documentation, or a verbal report or written statement from a complainant or a third party.

(3) "Attorney" is a person permitted to practice law in Washington state.

(4) "Complainant" is a student or another member of the university community who reports that a violation of this conduct code has been committed against him or her. In any case involving an allegation of sexual misconduct as defined in this conduct code, a complainant is afforded certain rights under this conduct code including, but not limited to:

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

(b) The right to appeal to the faculty appeal board an initial order issued by a conduct officer;

(c) The right to request presidential review of an initial order issued by the faculty appeal board; and

(d) The right to be accompanied to all hearings by an advisor and/or an attorney.

(5) "Conduct officer" is a university official who has the authority to initiate disciplinary proceedings, conduct investigations and informal hearings, and issue initial orders under this conduct code.

(6) "FERPA" refers to the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99).

(7) "Initial order" refers to an initial written decision issued in a disciplinary matter by a conduct officer, a university disciplinary committee, or the faculty appeal board in accordance with the provisions of this conduct code.

(8) "Parties" means collectively the conduct officer and the respondent. In any case involving an allegation of sexual misconduct, any complainant may elect to participate as a party in accordance with the provisions of this conduct code.

(9) "Proceedings" means all processes related to the investigation and adjudication of a disciplinary matter under this conduct code including, but not limited to, investigations, informal and formal hearings, administrative review, and requests for reconsideration of a final order.

(10) "Respondent" is any student accused of misconduct under this conduct code. Each respondent is afforded certain rights including, but not limited to:

(a) The right to be informed of all orders issued in the respondent's disciplinary case;

(b) The right to appeal an initial order issued by a conduct officer and a university disciplinary committee;

(c) The right to request a presidential review of an initial order issued by the faculty appeal board; and

(d) The right to be accompanied to all hearings by an advisor and/or an attorney.

(11) "Sexual misconduct" includes committing, or aiding, soliciting, or attempting the commission of, the following prohibited conduct: Sexual assault, sexual harassment, sexual exploitation, indecent exposure, relationship violence, stalking, and domestic violence.

(12) "Student" is any person enrolled in or taking courses at or through the university, either full-time or part-time, including credit, noncredit, online, and nondegree courses, and any person who has been notified of acceptance for admission by the university. A student who withdraws from a course or from the university, or completes his or her courses after the date of an alleged violation, or who is not enrolled for a particular quarter or quarters, but has a continuing relationship with the university, is still considered a student for purposes of this conduct code.

(13) "Student organization" is a group of students that has complied with the requirements for university recognition or who otherwise are granted any rights or privileges by the university as a university affiliate. Student organizations include, but are not limited to, athletic teams or clubs, registered student organizations (RSOs), university service clubs, and sororities and fraternities.(Student organizations are also subject to the process and procedures outlined in the RSO Policy Guide and/or the organization's applicable recognition agreement.)

(14) "University community" includes all university students and employees. It also includes guests of and visitors to the university during the time they are present on university premises.

(15) "University official" is an employee of the university performing his or her assigned administrative, professional, or paraprofessional duties.

(16) "University premises" includes all of the university's campus buildings, grounds, and facilities, all of its extension and research locations, and all other university-leased, owned, or managed buildings, grounds, and facilities, including its global learning centers and study abroad program sites, as well as university sponsored and/or hosted online platforms.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-014, filed 2/17/16, effective 3/28/16.]

RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-014, filed 2/17/16, effective 3/28/16.