Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-300 - Title IX - Grievance Procedures › Section 495A-300-025 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, Title IX grievance procedures,
				the following terms 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.
(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 Bates Technical College conduct an investigation.
(5) "Education program or activity" includes
			 locations, events, or circumstances over which Bates Technical College
			 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 Bates Technical
			 College.
(6) "Grievance procedure"
			 is the process Bates Technical College uses to initiate, informally resolve,
			 and/or investigate allegations that an employee or student has violated Title
			 IX provisions prohibiting sexual harassment.
(7) "Supportive measures" are
			 nondisciplinary, nonpunitive individualized services offered as appropriate, as
			 reasonably available, and without fee or charge to the complainant or
			 respondent regardless of whether the complainant or the Title IX coordinator
			 has filed a formal complaint. Supportive measures restore or preserve a party's
			 access to Bates Technical College's educational programs and activities without
			 unreasonably burdening the other party, as determined through an interactive
			 process between the Title IX coordinator and the party. Supportive measures
			 include measures designed to protect the safety of all parties and/or the
			 college's educational environment and/or to deter sexual harassment or
			 retaliation. Supportive measures may include, but are not limited to:
(a) Counseling and other medical
			 assistance;
(b) Extensions of
			 deadlines or other course-related adjustments;
(c) Modifications of work or class
			 schedules;
(d) Leaves of
			 absence;
(e) Increased security or
			 monitoring of certain areas of campus; and
(f) Imposition of orders prohibiting the
			 parties from contacting one another in housing or work situations.
Determinations about whether to impose a one-way no contact
				order must be made on a case-by-case basis. If supportive measures are not
				provided, the Title IX coordinator must document in writing why this was
				clearly reasonable under the circumstances.