Section 495A-121-011 - DefinitionsThe definitions set forth in this section shall apply throughout this chapter. The following words and phrases shall mean:
(1) "Assembly" means any activity engaged in by two or more persons, and the object of which is to gain publicity, advocate a view, petition for a cause, or disseminate information to any persons or group of persons.(2) "Board of trustees" shall mean the five-member governance board appointed by the governor of the state of Washington for Bates Technical College, District 28.(3) "Calendar day" means days will be counted by excluding the first day and including the last day of timelines. When the last day falls on a Saturday, Sunday, or holiday, the timeline runs until the next date on which the college is open for business.(4) "College" shall mean Bates Technical College, District 28.(5) "College community" means students, employees, trustees, and volunteers.(6) "College facilities" and "college facility" mean and include any real and personal property owned, rented, leased, or operated by the college, all buildings and appurtenances attached thereto, and all parking lots and other grounds. College facilities extend to distance education classroom environments and agencies or institutions that have educational agreements with the college.(7) "College official" includes any person employed by the college performing assigned duties.(8) "College premises" includes all campuses of the college where located and includes all land, buildings, facilities, vehicles, equipment, and other property owned, used, or controlled by the college.(9) "College president" shall mean the chief executive officer of the college appointed by the board of trustees.(10) "Complainant" is any person who submits a complaint alleging that a student violated the student conduct code, or in matters of sexual misconduct, a complainant is an alleged victim of sexual misconduct.(11) "Conduct review officer" is the 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.(12) "Consent" means a person gives knowing, voluntary, and clear permission by word or action to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the sexual activity. For consent to be valid there must be at the time of the act of sexual intercourse or sexual contact actual words or action indicating freely given agreement to have sexual intercourse or sexual contact. A person may be incapable of giving consent by reason of age, threat, intimidation, lack of opportunity to object, disability, drug or alcohol consumption, or other cause. A person cannot consent if they are unable to understand what is happening, are disoriented, helpless, asleep, or unconscious for any reason including due to alcohol or other drugs.
Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual activity. An individual has engaged in nonconsensual sexual activity when the individual knows, or should know, that the other person is physically, emotionally, or mentally incapacitated.
(13) "Controlled substance" means and includes any drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.(14) "Day" means a weekday, excluding weekends, college holidays, and college closures unless otherwise specified.(15) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code. Disciplinary action does not include instructional decisions and actions that are under the authority of faculty members and instructional administrators, such as determination of academic credit and grading. These determinations and any review or appeal of these are outside the scope of this chapter.(16) "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 days or a dismissal are heard by the student/faculty disciplinary committee. Appeals of all other disciplinary action that can be appealed is reviewed through brief adjudicative proceedings.(17) "Employee" means any classified, faculty, administrator, exempt, student worker or volunteer person.(18) "Family Educational Rights and Privacy Act" and "FERPA" mean the law and regulations known by those names (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).(19) "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 to the specified college official's email address. Paper required to be filed is deemed filed upon actual receipt during office hours at the office of the specified college official.
(20) "Instructor" and "faculty" mean any employee of Bates Technical College, District 28 who is employed on a full-time or part-time basis as a teacher, instructor, counselor, faculty advisor, or librarian. Instructors have separate authority to impose academic sanctions. Bates Technical College's student code of conduct proceedings are not the exclusive means of addressing academic misconduct.(22) "Respondent" is the student against whom disciplinary action is initiated.(23) "Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party is accomplished by:(a) Hand delivery of the document to the party; or(b) By sending the document by email 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.
(24) "Sexual misconduct" is the definition ascribed to this term in WAC 495A-121-041(14) and chapter 495A-115 WAC.(25) "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, continuing education, or contract courses. Persons meeting the following criteria are considered students: (a) Who withdraw after allegedly violating the code;(b) Who are not officially enrolled for a particular term but have a continuing relationship with the college; or(c) Who have been notified of their acceptance for admission.(26) "Student conduct officer" is a college administrator designated by the president to be responsible for investigating allegations of student misconduct and taking disciplinary action based on the prohibited conduct listed in WAC 495A-121-041 and 495A-115-020. The president may reassign any of the student conduct officer's responsibilities under this chapter as deemed appropriate.(27) "Student organization" means any number of students who meet the college's formal requirements to form a club or organization.(28) "Visitors" means guests, applicants, contractors, vendors, advisory board members, foundation board members, and members of the public on college premises.Wash. Admin. Code § 495A-121-011
Amended by WSR 19-14-073, Filed 6/30/2019, effective 7/31/2019Amended by WSR 20-24-107, Filed 12/1/2020, effective 1/1/2021Statutory Authority: RCW 28B.50.140. 04-11-043, § 495A-121-011, filed 5/13/04, effective 6/13/04. Statutory Authority: RCW 28B.50.140(10). 00-11-147, § 495A-121-011, filed 5/24/00, effective 6/24/00.