Washington Administrative Code › Title 106 - Central Washington University › Chapter 106-125 - Student conduct code › Section 106-125-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply for purposes of this
				student conduct code:
(1)
Advisor of choice.
The "advisor of choice" is the person selected
			 by a complainant or respondent to provide informal advice and support at any
			 stage of a disciplinary proceeding under this student code. Except as otherwise
			 provided in these rules, the role of the advisor of choice does not include
			 representation of a party.
(2)
Complainant.
A "complainant" for purposes of this student code
			 means any person who is the alleged victim or target of prohibited student
			 conduct, whether or not such person has made an actual complaint.
(3)
Conduct officer.
The
			 "conduct officer" or "student conduct officer" is the university official
			 designated by the university to be responsible for initiating disciplinary
			 action for alleged violations of this code.
(4)
Conduct review officer.
The
			 "conduct review officer" is the university official designated by the
			 university to hear appeals of disciplinary action conducted as brief
			 adjudicative proceedings and to enter final decisions in proceedings heard by
			 the student conduct council.
(5)
Consent.
The term "consent" for purposes of this code means
			 knowing, voluntary, and clear permission and agreement, by actual words or
			 conduct, to engage (or to continue engaging) in sexual activity. A person may
			 be incapable of giving consent, or of diminished capacity to consent, by reason
			 of age, threat or intimidation, lack of opportunity to consent, physical or
			 mental impairment, drug or alcohol consumption, unconsciousness, or other
			 cause. A person engages in nonconsensual sexual activity if the person knows,
			 or reasonably should know, that the other person is of diminished capacity to
			 consent or has in any way manifested lack of consent. Intoxication is not a
			 defense against allegations of nonconsensual sexual activity.
(6)
Day.
The term "day," unless
			 otherwise qualified, means "calendar day." The qualified term "instructional
			 day" means any day within an academic term that the university is open for
			 business, excluding weekends and holidays.
(7)
Dean of student success.
The
			 term "dean" or "dean of student success" means the chief student affairs
			 officer of the university and includes any acting or interim dean designated by
			 the president to perform the functions and duties of the dean under this
			 student code.
(8)
Disciplinary action.
The term "disciplinary action" means the
			 decision of the designated university official regarding alleged violations of
			 the student code and includes any disciplinary sanction imposed for such
			 violations. Disciplinary action does not include a summary
			 suspension.
(9)
Filing and
			 service.
(a)
Filing.
The
			 term "filing" means the delivery to the designated university official of any
			 document that is required to be filed under this code. A document is filed by
			 hand delivering it or by mailing it to the university official (or the
			 official's assistant) at the official's office address. Filing is complete upon
			 actual receipt during office hours at the office of the designated
			 official.
(b)
Service.
The term "service" means the delivery to a party of any document that is
			 required to be served under this code. A document is served by hand delivering
			 it to the party or by mailing it to the party's address of record. Service is
			 complete when the document is hand delivered or actually deposited in the
			 mail.
(c)
Electronic filing
			 and service.
Unless otherwise provided, filing or service may be
			 accomplished by electronic mail.