Washington Administrative Code › Title 504 - Washington State University › Chapter 504-26 - Standards of conduct for students › Part III - PROHIBITED CONDUCT › Section 504-26-221 - Sexual misconduct

Current through Register Vol. 24-14, July 15, 2024
(1) Sexual
				misconduct is an egregious form of sex discrimination/sexual harassment. Sexual
				misconduct is defined as:
(a) Sex offense.
				Any sexual act directed against another person, without the consent of the
				victim, including instances where the victim is incapable of giving
				consent.
(b) Rape (except statutory
				rape). The carnal knowledge of a person, without the consent of the victim,
				including instances where the victim is incapable of giving consent because of
				their age or because of their temporary or permanent mental or physical
				incapacity.
(c) Sodomy. Oral or
				anal sexual intercourse with another person, without the consent of the victim,
				including instances where the victim is incapable of giving consent because of
				their age or because of their temporary or permanent mental or physical
				incapacity.
(d) Sexual assault with
				an object. To use an object or instrument to unlawfully penetrate, however
				slightly, the genital or anal opening of the body of another person, without
				the consent of the victim, including instances where the victim is incapable of
				giving consent because of their age or because of their temporary or permanent
				mental or physical incapacity.
(e)
				Fondling. The touching of the private body parts of another person for the
				purpose of sexual gratification, without the consent of the victim, including
				instances where the victim is incapable of giving consent because of their age
				or because of their temporary or permanent mental or physical
				incapacity.
(f) Incest. Sexual
				intercourse between persons who are related to each other within the degrees
				wherein marriage is prohibited by law.
(g) Sexual exploitation, which occurs when a
				person takes nonconsensual 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 the
				other sexual misconduct offenses explained above. Examples of sexual
				exploitation may include, but are not limited to:
(i) Causing or attempting to cause the
				incapacitation of another person to gain sexual advantage over such other
				person.
(ii) Invading another
				person's sexual privacy.
(iii)
				Prostituting another person.
(iv)
				Engaging in voyeurism. A person commits voyeurism if, for the purpose of
				arousing or gratifying the sexual desire of any person, they knowingly view,
				photograph, record, or film another person, without that person's knowledge and
				consent, while the person being viewed, photographed, recorded, or filmed is in
				a place where they have a reasonable expectation of privacy.
(v) Knowingly or recklessly exposing another
				person to a significant risk of sexually transmitted disease or
				infection.
(vi) Exposing one's
				intimate parts in nonconsensual circumstances.
(h) Statutory rape. Sexual intercourse with a
				person who is under the statutory age of consent.
(i) Sexually based stalking and/or
				bullying.