Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-121 - Student rights and responsibilities › Section 495A-121-011 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The 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.