Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-126 - Student rights and responsibilities policy › Section 132U-126-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply for the purpose of this
				student conduct code:
(1) "Business
			 day" any day, Monday through Friday (excluding holidays), during which college
			 offices are open.
(2) "College
			 community" shall include any person or entity with a connection or relationship
			 with pursuit of the college mission.
(3) "College premises" shall include the
			 college campus and includes all land, buildings, facilities, vehicles,
			 equipment, and other property owned, used, leased, or controlled by the
			 college.
(4) "Complainant" is an
			 employee(s), applicant(s), student(s), or visitor(s) of Whatcom Community
			 College who alleges that they have been subjected to behavior that is a
			 violation of this policy.
(5)
			 "Consent" means 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 activity. For consent to be valid, there must be at the time of the act of
			 sexual intercourse or sexual contact actual words or conduct indicating freely
			 given agreement to have sexual intercourse or sexual contact. A person cannot
			 consent if they are unable to understand what is happening or is disoriented,
			 helpless, asleep, or unconscious for any reason, including due to alcohol or
			 other drugs. An individual who engages in sexual activity when the individual
			 knows, or should know, that the other person is physically or mentally
			 incapacitated has engaged in nonconsensual conduct. Intoxication is not a
			 defense against allegations that an individual has engaged in nonconsensual
			 sexual conduct.
(6) "Conduct review
			 officer" is the vice president for student services or other college
			 administrator designated by the president to be responsible for receiving and
			 for reviewing or referring appeals of student disciplinary cases in accordance
			 with the procedures of this code.
(7) "Disciplinary action" is the process by
			 which the student conduct officer imposes discipline against a student for a
			 violation of the student conduct code.
(8) "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 10
			 business days or an expulsion are heard by the student conduct appeals board.
			 Appeals of all other appealable disciplinary action shall be reviewed through
			 brief adjudicative proceedings.
(9)
			 "Filing" is the process by which a document is received by a college official
			 responsible for facilitating a disciplinary process. Documents required to be
			 filed shall be deemed filed upon actual receipt during office hours at the
			 office of the specified college official. 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) Sending the document by
			 first class mail to the specified college official's office; or
(c) Emailing the document to specified
			 college official's college email address.