Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-121 - Student conduct code › Part I - ADMINISTRATION, APPLICATION, DEFINITIONS › Section 172-121-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of the student conduct code, chapter 172-121
				  WAC, the definitions in this section apply.
"Appeal authority" refers to the conduct review official
				  presiding over an appeal under WAC
				  172-121-130.
"Appellant" refers to any respondent or complainant who
				  appeals the decisions or sanctions of a hearing authority under WAC
				  172-121-130.
"Brief hearing" refers to a brief conduct review hearing
				  before a conduct review officer for allegations that, if substantiated by a
				  preponderance of evidence, would result in a sanction less than a suspension or
				  expulsion, do not involve a Title IX complaint, and that do not involve
				  felony-level crimes.
"Business days" refers to the days and hours the university
				  is open for business. Business days are Monday through Friday, from 8:00 a.m.
				  to 5:00 p.m., excluding holidays as set forth in the university holiday
				  schedule.
"Complainant" means the person who was subjected to the
				  alleged misconduct. The complainant may or may not be the reporting party. If
				  the person who was subjected to the alleged misconduct does not wish to pursue
				  a student conduct case, the university may initiate the student conduct process
				  on its own behalf.
"Conduct review officer" or "CRO" refers to the person
				  designated to serve as the decision maker for a brief hearing or the presiding
				  officer for a full hearing.
"Council" or "the council" refers to the student disciplinary
				  council as described in WAC
				  172-121-070.
"Council hearing" refers to a full conduct review hearing
				  before the student disciplinary council.
"Dean of students" refers to the dean of students or
				  designee.
"Director of SRR" or "director" refers to the director of
				  student rights and responsibilities or designee.
"Filing" means to actually deliver documents. Documents
				  required to be filed with a specific person under these rules shall be deemed
				  filed upon actual receipt during office hours at EWU. Papers may be filed by
				  delivering them to the student rights and responsibilities office, sending them
				  via United States mail, properly addressed, postage prepaid, to 129 Showalter
				  Hall, or emailing them to srr@ewu.edu.
"Full hearing" refers to a full conduct reviewing hearing
				  before the council for allegations that, if substantiated by a preponderance of
				  the evidence, could result in a sanction of a suspension or expulsion, involve
				  a Title IX complaint, or that could constitute felony-level crimes.
"Hearing authority" refers to the decision-maker in a conduct
				  review hearing.
"Interpersonal violence" encompasses domestic violence,
				  dating violence, and stalking.
"Notify" means to provide notice to a person. A person may be
				  notified in person, by telephone, by sending notice to the person's university
				  email account, by leaving a message on their personal telephone, or by sending
				  the notice in the United States mail, properly addressed, postage prepaid, to
				  the person's last known address.
"Off-campus" refers to any location or facility that is not
				  owned, leased, rented, or operated by Eastern Washington University.
"Party/parties" refers to the complainant, respondent, and/or
				  the university.
"Policies" or "university policy" refers to the written
				  regulations of the university, including the standards of conduct for students,
				  residence life handbook, housing contract, university policies, and
				  graduate/undergraduate catalogs and handbooks.
"Recognized student organizations" refers to clubs,
				  organizations, societies or similarly organized groups recognized by the
				  university or the associated students of Eastern Washington University
				  (ASEWU).
"Reporting party" means the person who notifies student
				  rights and responsibilities of alleged misconduct by a student or student
				  organization. The reporting party may also be the complainant, but need not be
				  the complainant.
"Respondent" refers to any student or student organization
				  accused of violating the student conduct code under this chapter.
"Serve" means to post a document in the United States mail,
				  properly addressed, postage prepaid, to a person's last known address, personal
				  service, or electronic service to the person's university email account.
				  Service by mail is complete upon deposit in the United States mail.
"Session council" refers to the student disciplinary council
				  members selected for a specific hearing or appeal.
"Sexual misconduct" encompasses sexual harassment or sexual
				  assault, as defined in WAC
				  172-121-200.
"Student" includes all of the following:
(a) Any applicant who becomes enrolled, for
				violations of the code committed as part of the application process or
				committed following the applicant's submission of the application until the
				time of official enrollment;
(b)
				Any person who is enrolled or has been enrolled at the university for up to 12
				months from the last date they were enrolled;
(c) Nonmatriculated, international students
				attending institutes or foreign study programs through the university;
				and
(d) Any person who was
				previously enrolled at the university for violations of the code committed
				while enrolled regardless of when they were enrolled. A person who engaged in
				conduct in violation of the student conduct code while a student remains
				subject to action under this code even if the person has graduated, withdrawn,
				or is not currently enrolled for any reason.
"Title IX complaint" means a formal signed complaint from a
				  current student, applicant, employee, or person participating in or seeking to
				  participate in a university program or activity, or by the Title IX
				  coordinator, alleging sexual harassment, sexual assault, domestic violence,
				  dating violence, or stalking for the conduct that occurred on university
				  premises, during a university program or activity within the United States, or
				  at a building owned or controlled by a student organization that is officially
				  recognized by the university. A complaint of sexual misconduct or interpersonal
				  violence will only be considered a Title IX complaint under this code if it
				  meets this definition. Sexual misconduct or interpersonal violence may still be
				  addressed under this code if it does not meet the definition of a Title IX
				  complaint.
"Title IX coordinator" refers to the Title IX coordinator or
				  designee.
"University" means Eastern Washington University.
"University official" includes any person employed or
				  contracted by the university, performing assigned administrative or
				  professional responsibilities.
"University premises" means buildings and/or property
				  (including adjacent streets and sidewalks) which are owned, leased, rented or
				  operated by the university, to include all satellite campuses affiliated with
				  the university.
"University president" refers to the university president or
				  designee.
"Vice president for student affairs" refers to the vice
				  president for student affairs or designee.
Statutory Authority:
					 RCW
					    28B.35.120(12). 09-12-001,
					 §
											172-121-020, filed 5/20/09,
					 effective 6/20/09.