Washington Administrative Code › Title 174 - Evergreen State College, The › Chapter 174-123 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES AND PROHIBITED CONDUCT › Section 174-123-360 - Title IX definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of the supplemental Title IX student conduct
				  procedure, the following terms used have the definitions contained in the Title
				  IX policy and procedure and the terms below are defined as follows:
(1)
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 are 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 noncon-sensual
				  conduct.
Intoxication is not a defense against allegations that an
				  individual has engaged in nonconsensual sexual conduct.
Consent cannot be obtained by force or coercion. Force is the
				  use of physical violence and/or imposing on someone physically to gain sexual
				  access. Force also includes threats or intimidation (words or actions that
				  cause an individual to submit to or comply with sexual contact or intercourse
				  due to fear for their safety and/or implied threats) that overcomes free will
				  or resistance. Coercion is unreasonable pressure for sexual contact or sexual
				  intercourse. When someone makes clear to another person by word or action that
				  they do not want to engage in sexual contact or intercourse, that they want to
				  stop, or that they do not want to go past a certain point of sexual contact or
				  intercourse, continued pressure beyond that point is coercive.
(2)
Complainant
means an
				individual who is alleged to be the victim of conduct that could constitute
				sexual harassment.
(3)
Respondent
means an individual who has been reported to be the
				perpetrator of conduct that could constitute sexual harassment.
(4)
Formal complaint
means a
				writing submitted by the complainant or signed by the Title IX coordinator
				alleging sexual harassment against a respondent and requesting that the college
				conduct an investigation.
(5)
Education program or activity
includes locations, events, or
				circumstances over which Evergreen exercised substantial control over both the
				respondent and the context in which the alleged sexual harassment occurred. It
				also includes any building owned or controlled by a student organization
				officially recognized by the college.
(6)
Determination of
				responsibility
means a decision of the hearing panel regarding whether
				the respondent is responsible for the alleged violation(s) of this Title IX
				policy. If the respondent is found responsible for the alleged violations, the
				determination of responsibility will include discipline and sanctions, as
				appropriate.
(7)
Interim
				suspension
means a temporary exclusion from enrollment, including
				exclusion from college premises or denial of access to all activities or
				privileges for which a respondent might otherwise be eligible, pending
				investigation and resolution of disciplinary proceedings pursuant to the
				procedure and standards set forth in WAC 174-123200(2).