Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-244 - Sexually violent conduct

Current through Register Vol. 24-14, July 15, 2024
Sexually violent conduct includes the following: Domestic
				violence, dating violence, stalking, nonconsensual sexual intercourse, and
				nonconsensual sexual contact. This conduct also includes, but is not limited
				to, indecent liberties, sexual exploitation, indecent exposure, sexual
				exhibitionism, sex-based cyberharassment, prostitution or the solicitation of a
				prostitute, peeping or other voyeurism, or exceeding the boundaries of consent
				including allowing others to view consensual sex, the nonconsensual posting or
				recording of sexual activity, domestic violence, dating violence, and
				stalking.
(1)
Domestic
			 violence
: (a) Physical harm, bodily injury, assault, or the infliction
			 of fear of imminent body harm, bodily injury or assault, between family or
			 household members; (b) sexual assault of one family or household member by
			 another; or (c) stalking of one family or household member by another family or
			 household member. Pursuant to
			 chapter
			 10.99 RCW, it also
			 includes, but is not limited to, the following crimes when committed by one
			 family or household member against another: Assault; drive-by shooting;
			 reckless endangerment; coercion; burglary; criminal trespass, malicious
			 mischief; kidnapping; unlawful imprisonment; and violation of a restraining
			 order, no-contact order or protection order.
(2)
Dating violence
(aka
			 relationship violence) is a type of domestic violence, except the acts are
			 committed by a person who is or has been in a social relationship of a romantic
			 or intimate nature with the victim.
(3)
Stalking
is intentional and
			 repeated harassment or repeated following of another person, which places that
			 person in reasonable fear that the stalker intends to injure the person,
			 another person, or the property of the person or another person, and the
			 stalker either intends to frighten, intimidate, or harass the person, or knows
			 or reasonably should know that the person is frightened, intimidated or
			 harassed, even if the stalker lacks such an intent.
(4)
Cyberstalking
is when a
			 person, with the intent to harass, intimidate, torment or embarrass any other
			 person makes an electronic communication including, but not limited to,
			 electronic mail, internet-based communications (social media sites and
			 electronic bill boards), pager service, or instant messaging using (a) any
			 lewd, lascivious, indecent, or obscene words, images or language, or suggesting
			 the commission of any lewd or lascivious act; (b) anonymously or repeatedly
			 whether or not conversation occurs; or (c) threatening to inflict injury on the
			 person or property of the person called or any member of his or her family or
			 household.
(5)
Nonconsensual
			 sexual intercourse
means any penetration; of the vagina or anus however
			 slight, by an object, when committed on one person by another, whether such
			 persons are of the same or opposite sex, except when such penetration is
			 accomplished for medically recognized treatment or diagnostic purposes; and any
			 act of sexual contact between persons involving the sex organs of one person
			 and the mouth or anus of another whether such persons are of the same or
			 opposite sex without consent and/or by force.
(6)
Nonconsensual sexual contact
means any intentional touching of the sexual or other intimate parts of a
			 person done for the purpose of gratifying sexual desire of either party or a
			 third party, however slight, 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 bodily contact in a sexual
			 manner.
(7)
Indecent
			 liberties
means knowingly causing sexual contact with a person by
			 forcible compulsion or when the person is incapable of consent by reason of
			 mental defect, mental incapacitation, or physical helplessness. Sexual contact
			 is defined as any nonconsensual touching of the sexual or other intimate parts
			 of a person done for the purpose of gratifying the sexual desire of either
			 party.
(8)
Consent
means the affirmative, unambiguous, and voluntary agreement to engage in a
			 specific sexual activity during a sexual encounter. Any 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. Consent cannot be given by an individual who is: (a) Asleep or
			 mentally or physically incapacitated, either through the effect of drugs,
			 alcohol, or for any other reason; or (b) under the lawful age to provide legal
			 consent; or (c) has an intellectual or other disability which prevents him or
			 her from having the capacity to consent; or (d) under duress, threat, coercion
			 or force. Intoxication is not a defense against allegations that an individual
			 has engaged in nonconsensual conduct.
(9)
Voyeurism
is arousing or
			 gratifying sexual desire by viewing, photographing, or filming another person
			 without that person's knowledge and consent and/or while the person being
			 viewed, photographed, or filmed is in a place where he or she has a reasonable
			 expectation of privacy. It also includes the distribution of a recording of
			 sexual activity.