Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Section 132S-100-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Advisor - A person of the complainant's or respondent's
				choosing who can accompany the complainant or respondent to any conduct related
				meeting or proceeding. This person cannot be a college employee or witness
				involved in the case.
Assembly - Any overt activity engaged in by one or more
				persons, the object of which is to gain publicity, advocate a view, petition
				for a cause or disseminate information to any person, persons or group of
				persons.
Board of trustees - The board of trustees of Community College
				District No. 19, state of Washington.
Bullying - Physical or verbal abuse, repeated over time, and
				involving a power imbalance between the aggressor and victim.
College - Columbia Basin College, established within Community
				College District No. 19, state of Washington.
College facilities - Any and all real property controlled or
				operated by the college, including all buildings and appurtenances affixed
				thereon or attached thereto.
College premises - All land, buildings, facilities, and other
				property in the possession of or owned, used, or controlled by the college,
				including adjacent streets and sidewalks.
Complainant - A person who reports that a violation of CBC
				policy including this student code of conduct has occurred towards themselves,
				another person, a group of people, or college property. Complainant shall mean
				the same as claimant or other such term(s) meeting this definition as used in
				other college policies and procedures.
Complaint - A description of facts that allege a violation of
				student code of conduct or other college policy.
Consent - Knowing, voluntary and clear permission by word or
				action, to engage in mutually agreed upon activity, including sexual activity.
				A person cannot consent to sexual activity if they are not of legal age, unable
				to understand what is happening or is 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.
Cyberstalking, cyberbullying, and online harassment -The
				prohibited behavior of stalking, bullying, and/or harassment through the use of
				electronic communications including, but not limited to, electronic mail,
				instant messaging, electronic bulletin boards, and social media sites, which
				harms, threatens, or is reasonably perceived as threatening the health or
				safety of another person.
Dating violence - Violence by a person who has been in a
				romantic or intimate relationship with the victim. Whether there was such
				relationship will be gauged by its length, type, and frequency of
				interaction.
Disciplinary action - The sanctioning of any student pursuant
				to WAC 132S-100-440 for the violation of any designated rule or regulation of
				the college.
Discrimination - Unfavorable treatment of a person based on
				that person's membership or perceived membership in a protected class.
Domestic violence - Asserted violent misdemeanor and felony
				offenses or conduct committed by a current or former spouse, current or former
				cohabitant, a person similarly situated under domestic or family violence law,
				or anyone else protected under domestic or family violence law.
Force - Use of physical violence and/or threats, intimidation
				or coercion to overcome resistance or gain access or produce consent. Sexual
				activity that is forced is by definition nonconsensual. However, nonconsensual
				sexual activity is not by definition forced.
Harassment - Language or conduct by any means that is
				unwelcome, severe, persistent, or pervasive, and is of such a nature that it
				could reasonably be expected to create an intimidating, hostile or offensive
				environment, or has the purpose or effect of unreasonably causing a reasonable
				person substantial emotional distress or undermines their ability to work,
				study, or participate in their regular life activities or participate in the
				activities of the college.
Hazing - Acts likely to cause physical or psychological harm or
				social ostracism to any person within the college community, when related to
				admission, initiation, joining, or any other group-affiliation activity.
Hostile environment - Any situation in which there is harassing
				conduct that could be based on protected class status and is sufficiently
				severe or pervasive, and is so objectively offensive that it has the effect of
				substantially limiting the person's ability to participate in or benefit from
				the college's educational and/or social programs.
Hostile environment sexual harassment - Occurs when sex- or
				gender-based conduct is sufficiently severe and/or pervasive and so objectively
				offensive that it has the effect of substantially limiting the ability of the
				person to participate in or benefit from the college's educational and/or
				social programs.
Instructional day - Any regularly scheduled instructional day
				designated in the academic year calendar, including summer quarter, as a day
				when classes are held or during final examination week. Saturdays and Sundays,
				and any full-day campus closures due to holidays or other circumstances are not
				regularly scheduled instructional days.
Nonconsensual sexual contact - Any intentional sexual touching,
				however slight, with any object, by a person upon another person that is
				without consent and/or by force. Sexual touching includes any bodily contact
				with the breasts, groin, mouth, or other bodily orifice of another individual,
				or any other bodily contact in a sexual manner.
Nonconsensual sexual intercourse - Any sexual intercourse
				(anal, oral, or vaginal), however slight, with any object, by a person upon
				another person, that is without consent and/or by force. Sexual intercourse
				includes anal or vaginal penetration by a penis, tongue, finger, or object, or
				oral copulation by mouth to genital contact or genital to mouth contact.
Policy - The written regulations of the college as found in,
				but not limited to, the student code of conduct and any other official
				regulation written or in electronic form.
Preponderance of the evidence - The standard of proof used with
				all student disciplinary matters at CBC that are within the jurisdiction of
				student code of conduct, which means that the amount of evidence must be at
				fifty-one percent or "more likely than not" before a student is found
				responsible for a violation.
President - The chief executive officer appointed by the board
				of trustees or, in such president's absence, the acting president or other
				appointed designee. The president is authorized to delegate any of their
				responsibilities as may be reasonably necessary.
Protected class - Persons who are protected under state or
				federal civil rights laws, including laws that prohibit discrimination on the
				basis of race, color, national origin, age, perceived or actual physical or
				mental disability, pregnancy, or genetic information, sex, sexual orientation,
				gender identity, marital status, creed, religion, honorably discharged veteran
				or military status, or use of a trained guide dog or service animal.
Quid pro quo sexual harassment - Occurs when an individual in a
				position of real or perceived authority, conditions the receipt of a benefit
				upon granting of sexual favors.
Respondent - The student who is alleged to have violated CBC
				policy including this code of conduct or against whom disciplinary action is
				being taken or initiated. Respondent shall mean the same as responding party or
				other such term(s) meeting this definition as used in other college policies
				and procedures.
Rules of the student conduct code - The rules contained herein
				as now exist or which may be hereafter amended.
Service or notification - The process by which a document is
				officially delivered to a party. Service or notification is deemed complete and
				computation of time for deadlines begins upon personal delivery of the document
				or upon the date the document is electronically mailed and/or deposited into
				the mail. Documents required to be filed with the college such as requests for
				appeals, are deemed filed upon actual receipt by the office as designated
				herein during office hours.
Sexual exploitation - Occurs when one person takes
				non-consensual or abusive sexual advantage of another for their own advantage
				or benefit, or to benefit or advantage anyone other than the one being
				exploited, and that behavior does not otherwise constitute one of other sexual
				misconduct offenses. Examples of sexual exploitation include, but are not
				limited to: Invasion of sexual privacy, engaging in voyeurism, non-consensual
				video or audio taping of sexual activity; sexually based stalking and/or
				bullying.
Stalking - Intentional and repeated harassment or following of
				another person, which places that person in reasonable fear that the
				perpetrator intends to injure, intimidate, or harass that person. Stalking also
				includes instances where the perpetrator knows or reasonably should know that
				the person is frightened, intimidated, or harassed, even if the perpetrator
				lacks such intent.
Student - Any person from the time of application, admitted to
				CBC, or registered for courses either full time or part time, or participating
				in any other educational offerings at CBC, excluding students enrolled in the
				High School Academy.
Student appeals board - Also referred to as the "SAB" or
				"appeals board." The SAB is a three member panel which uses the brief
				adjudicative process to review appeals of disciplinary actions that do not
				include sanctions of expulsion, suspension for more than ten days, withholding
				or revocation of a degree, or loss of recognition of a student
				organization.
Student conduct board - Also referred to as the "SCB" is a four
				person panel which presides over cases that could result in a sanction of
				expulsion, suspension for more than ten days, revocation of a degree, and/or
				loss of recognition of a student organization using the full adjudica-tive
				process pursuant to the Administrative Procedure Act, chapter 34.05 RCW.
Student conduct officer - Also referred to as "conduct officer"
				and/or "SCO" is the person designated by the college president to be
				responsible for the administration of the student code of conduct or, in such
				person's absence, the acting SCO or other appointed designee. The SCO is
				authorized to delegate any and all of their responsibilities as may be
				reasonably necessary.
Student conduct meeting - The conduct meeting with the student
				conduct officer using the brief adjudicative process to determine
				responsibility for violations of the student code of conduct, which do not
				include sanctions of expulsion, suspension for more than ten days, revocation
				of a degree, and/or loss of recognition of a student organization pursuant to
				the Administrative Procedure Act, chapter 34.05 RCW.
Student organization - Any number of persons who have complied
				with the formal requirements for college recognition, such as clubs and
				associations, and are recognized by the college as such.