Washington Administrative Code › Title 174 - Evergreen State College, The › Chapter 174-123 - Student conduct code › BACKGROUND › Section 174-123-140 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Agreement of accountability
means a written
				  mutual agreement between the respondent and student conduct official which
				  states the violations of the code and the resolution and sanction(s).
Business day
means any calendar day, exclusive
				  of weekends and federal and school holidays, in which the college is open to
				  the public for business.
Calendar day
means any day of the month
				  including weekends and state holidays.
College
means The Evergreen State
				  College.
College official
means any person employed by
				  the college performing assigned teaching, administrative, or professional
				  responsibilities.
College premises
means all campuses including
				  all land, buildings, facilities, and other property in the possession of or
				  owned, used, leased, or controlled by the college including adjacent streets
				  and sidewalks.
College-sponsored event or activity
means
				  activities or events involving planning or funding, or other authorized
				  participation by the college.
Complainant
means any person, group, or entity
				  that submits a complaint alleging that a student or recognized organization
				  violated the code and/or a person who believes they have been harmed by another
				  student's behavior.
Complaint
means a report that alleges a student
				  or recognized organization violated the code.
Conduct appeal
is the process by which a student
				  or recognized organization can appeal their determination of responsibility
				  and/or required resolutions and sanctions.
Conduct hold
is a measure restricting release of
				  a student's transcript, diploma(s), or other records; and access to
				  registration prohibiting registration for any program or course.
Consent
is affirmative, conscious, voluntary,
				  and clear permission by word(s) or action(s) for specific activity. See the
				  section on sexual misconduct for additional information.
Determination of responsibility
means a decision
				  of the student conduct official regarding whether or not the respondent is
				  responsible for the alleged violation(s) of the code, including a required
				  resolution and sanctions if appropriate.
Faculty member
means any person employed by the
				  college to conduct teaching activities or who is otherwise considered by the
				  college to be a member of the faculty.
Filing
is the process by which a document is
				  officially delivered to a college official responsible for facilitating
				  processes as outlined in the code. Filing will be considered completed upon
				  actual receipt during office hours at the senior college official's office
				  by:
(a) Hand delivery of the document to the senior college
				  official's office; or
(b) Sending the document by email or first class mail to the
				  senior college official's office or college email address.
Final determination
means the college's final
				  action with regard to a complaint. A final determination occurs when a conduct
				  official, conduct review officer, senior college official, or student conduct
				  appeal panel determines whether a respondent is responsible for the alleged
				  violation(s) of the code; and
(a) No appeal or request for reconsideration is filed by the
				  applicable deadline set forth in the code; or
(b) No appeal or request for reconsideration is allowed under
				  the code.
Guest
means any person who is not a member of
				  the college community and is on college premises or at a college-sponsored
				  event at the invitation and/or hosting of a student.
Informal resolution
is the outcome of a conduct
				  conference when a student and a student conduct official enter into an
				  agreement of accountability.
Member of the college community
means any person
				  who is a student, faculty, staff, or volunteer. A volunteer is any person who
				  is not receiving compensation for services or work for and/or at the college. A
				  person's status in a particular situation will be determined by the senior
				  conduct official or designee.
Mental safety
is a state of mind characterized
				  by the absence of fear or anxiety that substantially limits one's ability to
				  participate in or benefit from the services, activities, or privileges provided
				  by the college, or an employee to engage in their work duties.
No contact order
means an order directing a
				  student to have no contact with a specified member(s) of the college community,
				  visitor(s), or particular college facilities. The order may include, but is not
				  limited to, directives with regard to path of travel, parking, arrival on
				  campus, or specified times for use of campus resources.
Policy
means the official written policies and
				  procedures of the college published on the college's web site or in the college
				  catalog, or posted anywhere on college premises or at college-sponsored events
				  or activities; or the individual requirements of a department or office, or
				  course syllabi or covenant.
Protected status
includes a person's race;
				  color; national origin; sensory, mental or physical disability; use of a
				  service animal; sex; gender, including pregnancy; marital status; age;
				  religion; creed; genetic information; sexual orientation; gender identity;
				  veteran's status; or any other legally protected classification.
Recognized organization
means any group which
				  has complied with the formal requirements for college recognition and is an
				  officially recognized college organization. A group's status in a particular
				  situation will be determined by the senior conduct official or designee.
Required resolution and sanction
means the
				  decision of the student conduct official regarding the resolution and
				  sanction(s) appropriate to the level of responsibility for violating the code
				  as conveyed in the determination of responsibility.
Respondent
means any student or recognized
				  organization alleged to have violated the code.
Restorative practice process
means a process to
				  involve those who have a stake in a specific violation of the code, to the
				  extent possible and with their consent, to collectively identify and address
				  harms, needs, and obligations. It may be part of a decision of the student
				  conduct official regarding resolutions and sanctions in cases where the student
				  or recognized organization has taken responsibility for their actions and a
				  violation of the code.
Senior college official
is the person designated
				  by the college president to oversee the administration of the code, and for
				  performing the other duties and obligations of the position.
Senior student conduct official
means the
				  primary college official authorized by the senior college official responsible
				  for administration and implementation of the code.
Served notice
is the process by which a document
				  is officially delivered to a party. Unless otherwise provided in this code,
				  service upon a party will be accomplished by:
(a) Hand delivery of the document to the party; or
(b) By sending the document by email or certified mail or
				  first class mail to the party's last known address. A student's last known
				  address will be the current address on file with the registrar unless a student
				  has provided written notice of a different address to the office of the senior
				  college official.
Service is deemed complete upon hand delivery of the document
				  or upon the date the document is emailed or deposited in the mail.
Sexual misconduct
has the meaning ascribed to
				  this term in WAC
				  174-123-170
				  Prohibited conduct.
Staff member
means any person employed by the
				  college in a nonfaculty role.
Student
means:
(a) Any applicant who becomes enrolled, when an applicant
				  commits violations of the code as part of the application process or commits
				  violations of the code following their submittal of the application through
				  official enrollment;
(b) Any applicant accepted for admission or readmission to
				  the college;
(c) Any person currently enrolled at the college;
(d) Any person enrolled at the college in a prior quarter or
				  summer session, and eligible to continue enrollment in the quarter or summer
				  session that immediately follows; or
(e) Any person who was enrolled at the time of alleged
				  violations of the code; or
(f) Any person not employed by the college on a permanent
				  basis who resides in college housing.
Student conduct official
means a college
				  official authorized by the senior student conduct official to administer the
				  code in response to a complaint.
Written notice
means written communication
				  personally provided to the student or registered organization or delivered via
				  the student's or registered organization leaders' assigned college account
				  electronic mail address.
Statutory Authority:
					 RCW
					    28B.40.120. 12-03-040, §
											174-123-140, filed 1/10/12,
					 effective 2/10/12.