Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-305 - Supplemental Title IX procedures › Section 132U-305-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Actual knowledge:
Notice of
			 sexual harassment or allegations of sexual harassment to a recipient's Title IX
			 coordinator or any official of the recipient who has authority to institute
			 corrective measures on behalf of the recipient.
(2)
Complainant:
Employee(s),
			 applicant(s), student(s), or visitors(s) of Whatcom Community College who
			 alleges that she or he has been subjected to discrimination or harassment due
			 to his or her membership in a protected class.
(3)
Complaint:
A description of
			 facts filed by a complainant or signed by the Title IX coordinator alleging
			 sexual harassment against a respondent and requesting that the recipient
			 investigate the allegation of sexual harassment. In complaints where the Title
			 IX coordinator signs a formal complaint, the Title IX coordinator is not a
			 complainant or otherwise a party and must otherwise comply with their
			 regulatory duties.
(4)
Consent:
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 he or she is 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.
(5)
Decision maker:
The individual that leads and coordinates the
			 disciplinary phase of these procedures, following a full investigation as
			 outlined below. In cases involving only students as complainants and
			 respondents the decision maker will be the director for student conduct or
			 designee. In cases involving employees as either complainants, respondents, or
			 both the decision maker will be the executive director for human resources or
			 designee. The decision maker cannot be the Title IX coordinator involved in the
			 case, or the investigator.
(6)
Resolution:
The means by which the complaint is finally addressed.
			 This may be accomplished through informal or formal processes, including
			 counseling, mediation, or the formal imposition of discipline.
(7)
Respondent:
Person or
			 persons who are members of the campus community who allegedly discriminated
			 against or harassed another person or persons. Any person alleged to have
			 violated this policy is presumed not responsible until the resolution of the
			 formal or informal process.
(8)
Retaliation:
Harming, threatening, intimidating, coercing, or
			 taking adverse action of any kind against a person because the person reported
			 an alleged violation of this policy or other college policy, provided
			 information about an alleged violation, or participated as a witness or in any
			 other capacity in an investigation or disciplinary proceeding.
(9)
Supportive measures:
Nondisciplinary, 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. The Title IX coordinator is responsible for
			 coordinating these measures. Supportive measures may include: Counseling,
			 extensions of deadlines or other course-related adjustments, modifications of
			 work or class schedules, campus safety escort services, mutual 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 (See VAWA Section 304 for additional measures that may
			 be required). These measures are available to complainants without the filing
			 of a formal complaint.