Wash. Admin. Code § 132D-150-030 - Definitions
The following definitions shall apply for purpose of this student conduct code:
(1) "Business
day" means a weekday, excluding weekends and college holidays.
(2) "Calendar day" means days on the calendar
including weekends and holidays.
(3) "College premises" shall include all
campuses of the college, wherever located, and includes all land, buildings,
facilities, vehicles, equipment, and other property owned, used, or controlled
by the college.
(4) "Complainant"
means the following individuals who are alleged to have been subjected to
conduct violations of this code:
(a) A student
or employee; or
(b) A person other
than a student or employee who was participating or attempting to participate
in the college's education program or activity at the time of the alleged
discrimination.
(5)
"Conduct review officer" is a college administrator designated by the president
to be responsible for receiving and for reviewing or referring appeals of
student disciplinary actions in accordance with the procedures of this
code.
(6) "Disciplinary action" is
the process by which the student conduct officer imposes discipline against a
student for a violation of the student conduct code.
(7) "Disciplinary appeal" is the process by
which an aggrieved party can appeal the discipline imposed or recommended by
the student conduct officer. Disciplinary appeals from a suspension in excess
of 10 instructional days or an expulsion are heard by the student conduct
committee. Appeals of all other appealable disciplinary action shall be
reviewed through brief adjudicative proceedings.
(8) "Filing" is the process by which a
document is officially delivered to a college official responsible for
facilitating a disciplinary review. Unless otherwise provided, filing shall be
accomplished by:
(a) Hand delivery of the
document to the specified college official or college official's assistant;
or
(b) By sending the document by
email and/or first class mail to the specified college official's office and
college email address.
Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official.
(9)
"Pregnancy or related conditions" means:
(a)
Pregnancy, childbirth, termination of pregnancy, or lactation;
(b) Medical conditions related to pregnancy,
childbirth, termination of pregnancy, or lactation; or
(c) Recovery from pregnancy, childbirth,
termination of pregnancy, lactation, or related medical conditions.
(10) "President" is the president
of the college. The president is authorized to delegate any of their
responsibilities as set forth in this chapter as may be reasonably necessary,
and reassign any and all duties or responsibilities as set for this chapter as
may be reasonably necessary.
(11)
"Program" or "programs and activities" means all operations of the
college.
(12) "Relevant" means
related to allegations under investigation. Questions are relevant when they
seek evidence that may aid in showing whether a violation occurred, and
evidence is relevant when it may aid a decision maker in determining whether a
violation occurred.
(13)
"Respondent" is a student who is alleged to have violated the student conduct
code.
(14) "Service" is the process
by which a document is officially delivered to a party. Unless otherwise
provided, service upon a party shall be accomplished by:
(a) Hand delivery of the document to the
party; or
(b) By sending the
document via first class mail to the party's last known address; or
(c) By sending the document by email via
Skagit Valley College's online student conduct software. It is the
responsibility of each student to regularly check their official Skagit Valley
College email address.
Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and/or deposited in the mail.
(15) "Student" includes
all persons taking courses at or through the college, whether on a full-time or
part-time basis, and whether such courses are credit courses, noncredit
courses, online courses, or otherwise. Persons who withdraw after allegedly
violating the code, who are not officially enrolled for a particular term but
who have a continuing relationship with the college, or who have been notified
of their acceptance for admission are considered "students."
(16) "Student conduct officer" is a college
administrator designated by the president or vice president of student services
to be responsible for implementing and enforcing the student conduct code. The
president or vice president of student services is authorized to reassign any
and all of the student conduct officer's duties or responsibilities as set
forth in this chapter as may be reasonably necessary.
(17) "Student employee" means an individual
who is both a student and an employee of the college. When a complainant or a
respondent is a student employee, the college must make a fact-specific inquiry
to determine whether the individual's primary relationship with the college is
to receive an education and whether any alleged student conduct code violation
including, but not limited to, sex-based harassment, occurred while the
individual was performing employment-related work.
(18) "Student group" is a student
organization, athletic team, or living group including, but not limited to,
student clubs and organizations, members of a class or student cohort, student
performance groups, and student living groups within student housing.
(19) "Supportive/interim measures" means
reasonably available, individualized and appropriate, nonpunitive and
nondisciplinary measures offered by the college to the complainant or
respondent without unreasonably burdening either party, and without fee or
charge for purposes of:
(a) Restoring or
preserving a party's access to the college's educational program or activity,
including measures that are designed to protect the safety of the parties or
the college's educational environment; or providing support during the
college's investigation and disciplinary procedures, or during any informal
resolution process; or
(b)
Supportive/interim measures may include, but are not limited to, counseling;
extensions of the deadlines and other course-related adjustments; campus escort
services; increased security and monitoring of a certain areas of campus;
restriction on contact applied to one or more parties; a leave of absence;
change in class, work, housing, or extracurricular or any other activity,
regardless of whether there is or is not a comparable alternative; modified
on-campus employment schedule or location; restrictions on access to portions
of campus including, but not limited to, on-campus housing; and training and
education programs related to sex-based harassment.
(20) "Title IX coordinator" is the
administrator responsible for processing complaints of sex discrimination,
including sex-based harassment, overseeing investigations and informal
resolution processes, and coordinating supportive measures, in accordance with
college policy.
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"Day" refers to calendar days unless otherwise specified. |
Notes
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