Section 516-21-020 - DefinitionsAs used in this chapter, the following words and phrases mean:
(1)Catalog. The Western Washington University General Catalog. (2)Code. The student conduct code.(3)Conduct board. The persons designated by the dean of students to consider a conduct matter, typically for a full hearing but may also be convened for an appeal. Conduct board members are experienced and were provided appropriate training specific to their role.(4)Conduct hold. A block placed on a student's official university record at the request of a conduct officer or dean of students. A conduct hold prohibits a student from registering for classes, and may prohibit the request of an official transcript, or receiving a degree from the university until the hold has been removed.(5)Conduct officer. A conduct officer or their authorized designee as determined by the dean of students. Conduct officers include conduct board members and all receive appropriate training as required for decision makers under Title IX regulations.(6)Day. Any day, Monday through Friday (excluding holidays), during which university offices are open.(7)Dean of students. The person designated by the vice president for enrollment and student services for oversight and administration of the code.(8)Guest. Any person who is not a member of the university community, who is on university property or attending an official university function at the invitation and/or hosting of a student.(9)Member of the university community. Any person who is a student, university official, registered volunteer or who is otherwise employed or contracted by the university. Any question regarding a person's status in a particular situation for purposes of this code shall be determined by the dean of students.(10)Official university function. Any live or virtual activity, on or off campus, that is initiated, sponsored, or supervised by any entity of Western Washington University.(11)Preponderance of evidence. Defined as "more likely than not," the standard of responsibility that is used when determining whether a violation of the student conduct code has occurred.(12)Reasonable person similarly situated. The standard of a reasonable person taking into consideration any particularized circumstances, perspectives, and identities of the complainant within the context of the alleged conduct/incident.(13)Retaliation. Retaliation includes, but is not limited to, intimidation, threats, harassment, and/or other adverse action taken against any student or other person for filing a complaint or participating in a university investigation or student conduct proceeding in good faith.(14)Sexual violence. Sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination.(15)Shuttle diplomacy. Resolution without direct contact between parties.(16)Student. Any person who: (a) Has been formally admitted to the university;(b) Is enrolled in one or more classes at the university, including nonmatriculated international students attending language institutes or foreign study programs;(c) Is participating in a certificate, degree, distance learning, or professional enrichment program, through extended education and summer programs;(d) Is participating in a university-sponsored study abroad program;(e) Was enrolled in a prior quarter or summer session at the university and is eligible to continue enrollment in the quarter or summer session that immediately follows; or(f) Withdrew from the university after an alleged violation of the code, for conduct that occurred while they were enrolled in or participating in a program offered by the university.(17)Title IX. Title IX refers to any behavior covered under federal regulation and investigated by Western's office of civil rights and Title IX compliance. Definitions and regulations related to alleged violations of Title IX begin in WAC 516-21-291. How the university responds to and addresses discrimination on the basis of sex (including sex-based characteristics, sex-based stereotypes, pregnancy and related conditions, gender identity, or sexual orientation), and related retaliation are governed by state and federal laws, regulations, and court rulings in addition to university policy under POL-U1600.02 and POL-U1600.04. To the extent this code conflicts with state or federal law, state or federal law shall take precedence.(18)University. Western Washington University and all associated programs, including those offered online and/or at off-campus program sites and includes those properties identified in subsection (20) of this section.(19)University official. Any person employed or contracted by the university, who is performing assigned teaching, administrative, or professional responsibilities. University officials may be full- or part-time, and may include student staff members.(20)University property. All land, buildings, facilities, electronic presences, and other property that is owned, used, leased, or controlled by Western Washington University wherever located. University property also includes computer systems, virtual programs and platforms, and adjacent streets and sidewalks.(21)WAC. An abbreviation for the Washington Administrative Code.Wash. Admin. Code § 516-21-020
Amended by WSR 17-05-100, Filed 2/15/2017, effective 3/18/2017Amended by WSR 22-01-075, Filed 12/10/2021, effective 12/11/2021Amended by WSR 24-21-105, Filed 10/18/2024, effective 11/18/2024Statutory Authority: RCW 28B.35.120(12) and 20 U.S.C. 1681-1688 (Title IX Education Amendments of 1972). 12-01-021, § 516-21-020, filed 12/9/11, effective 1/9/12.