Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part VII - COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT › Section 478-121-615 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of Part VII of this code and where a
				  respondent is charged with prohibited conduct defined under WAC
				  478121-605:
(1) Complainant.
				Complainant is an individual who is alleged to be the victim of conduct that
				could constitute EDFR prohibited conduct.
(2) Formal complaint. Formal complaint is a
				document filed by a complainant or signed by the university's Title IX
				coordinator alleging EDFR prohibited conduct against a respondent and
				requesting that the university investigate the allegation of EDFR prohibited
				conduct. When filed by a complainant, the formal complaint must contain the
				complainant's physical or digital signature or otherwise indicate that the
				complainant is the person filing the formal complaint.
(3) Hearing advisor. Hearing advisor refers
				to the person who may accompany a complainant or respondent to any part of the
				investigation or hearing outlined in Part VII of this code. At a hearing, a
				complainant and a respondent must have a hearing advisor to conduct oral
				cross-examination on that party's behalf. This hearing advisor may or may not
				be an attorney, as defined in WAC
				478-121-050(1).
				If a party does not choose a hearing advisor prior to a hearing, the university
				will provide a hearing advisor of the university's choice to conduct
				cross-examination on behalf of the party at the hearing. One hearing advisor
				and one support advisor are the only persons a party is permitted to bring with
				them to any part of the investigation or hearing. Hearing advisors and support
				advisors may be referred to collectively as "advisors."
(4) Hearing officer. Hearing officer is the
				individual delegated authority by the university to preside over the hearing
				and act as the decision-maker to reach a determination about responsibility.
				The hearing officer may simultaneously preside over a hearing under this Part
				VII of this code and a full adjudicative proceeding, consistent with WAC
				478-121-400
				through
				478-121-427.
(5) Investigator(s). Investigator is an
				individual delegated authority by the university to provide written
				notification of a formal complaint, interview witnesses, gather documentation,
				and prepare the investigative report.
(6) Party or parties. Party or parties refers
				to a complainant and/or respondent.
(7) Respondent. Respondent is an individual
				who has been reported to be the perpetrator of conduct that could constitute
				EDFR prohibited conduct. A respondent must be a student as defined in WAC
				478-121-050(14).
(8) Support advisor. Support advisor refers
				to a person who may accompany a party to any part of the investigation or
				hearing outlined in this Part VII of this code. If a party has both a support
				advisor and hearing advisor, the support advisor's ability to communicate with
				the hearing officer and other party and the other party's advisors at a hearing
				will be limited. One support advisor and one hearing advisor are the only
				persons a party is permitted to bring with them to any part of the
				investigation or hearing. Support advisors and hearing advisors may be referred
				to collectively as "advisors."
(9)
				Supportive measure. Supportive measures are non-disciplinary, nonpunitive
				individualized services offered as appropriate, as reasonably available, and
				without fee or charge to the complainant or the respondent before or after the
				filing of a formal complaint or where no formal complaint has been filed.
				Supportive measures are designed to restore or preserve equal access to the
				university's education programs and activities without unreasonably burdening
				the respondent, including measures designed to deter EDFR prohibited conduct or
				protect the safety of all parties or the university's educational environment.
				Supportive measures may include counseling, extensions of deadlines or other
				course-related adjustments, modifications of work or class schedules,
				restrictions on contact between the parties, changes in work or housing
				locations, leaves of absence, increased security and monitoring of certain
				areas of the campus, and other similar measures.