Wash. Admin. Code § 132H-126-410 - Prohibited conduct under Title IX
Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, the college may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual harassment" encompasses the following conduct:
(1)
Quid pro quo harassment. A
college employee conditioning the provision of an aid, benefit, or service of
the college on an individual's participation in unwelcome sexual
conduct.
(2)
Hostile
environment. Unwelcome conduct that a reasonable person would find to be
so severe, pervasive, and objectively offensive that it effectively denies a
person equal access to the college's educational programs or activities, or
employment.
(3)
Sexual
assault. Sexual assault includes the following conduct:
(a)
Nonconsensual sexual
intercourse. Any actual or attempted sexual intercourse (anal, oral, or
vaginal), however slight, with any object or body part, by a person upon
another person, that is without consent and/or by force. Sexual intercourse
includes anal or vaginal penetration by a penis, tongue, finger, or object, or
oral copulation by mouth to genital contact or genital to mouth
contact.
(b)
Nonconsensual
sexual contact. Any actual or attempted sexual touching, however slight,
with any body part or object, by a person upon another person that is without
consent and/or by force. Sexual touching includes any bodily contact with the
breasts, groin, mouth, or other bodily orifice of another individual, or any
other bodily contact in a sexual manner.
(c)
Incest. Sexual intercourse
or sexual contact with a person known to be related to them, either
legitimately or illegitimately, as an ancestor, descendant, brother, or sister
of either wholly or half related. Descendant includes stepchildren and adopted
children under the age of 18.
(d)
Statutory rape. Consensual sexual intercourse between someone who
is 18 years of age or older and someone who is under the age of 16.
(4)
Domestic
violence. Use or attempted use of physical abuse or sexual abuse, or a
pattern of any other coercive behavior committed, enabled, or solicited to gain
or maintain power and control over a victim, including verbal, psychological,
economic, or technological abuse that may or may not constitute criminal
behavior, by a person:
(a) Who is a current or
former spouse or intimate partner of the victim, or a person similarly situated
to a spouse of the victim under the domestic or family violence laws of the
state of Washington;
(b) Who is
cohabitating, or has cohabitated, with the victim as a spouse or intimate
partner;
(c) Who shares a child in
common with the victim; or
(d) Who
commits acts against an adult or youth victim who is protected from that
person's acts under the domestic or family violence laws of the state of
Washington,
RCW
26.50.010.
(5)
Dating violence. Physical
violence, bodily injury, assault, the infliction of fear of imminent physical
harm, sexual assault, or stalking committed by a person:
(a) Who is or has been in a social
relationship of a romantic or intimate nature with the victim; and
(b) Where the existence of such a
relationship shall be determined based on a consideration of the following
factors:
(i) The length of the
relationship;
(ii) The type of
relationship; and
(iii) The
frequency of interaction between the persons involved in the
relationship.
(6)
Economic abuse. In the
context of domestic violence dating violence, economic abuse includes behavior
that is coercive, deceptive, or unreasonably controls or restrains a person's
ability to acquire, use, or maintain economic resources to which they are
entitled, including using coercion, fraud, or manipulation to:
(a) Restrict a person's access to money,
assets, credit, or financial information;
(b) Unfairly use a person's personal economic
resources, including money, assets, and credit, for one's own advantage;
or
(c) Exert undue influence over a
person's financial and economic behavior or decisions, including forcing
default on joint or other financial obligations, exploiting powers of attorney,
guardianship, or conservatorship, or failing or neglecting to act in the best
interests of a person to whom one has a fiduciary duty.
(7)
Technological abuse. An act
or pattern of behavior that occurs within domestic violence, sexual assault,
dating violence, or stalking and is intended to harm, threaten, intimidate,
control, stalk, harass, impersonate, exploit, extort, or monitor, except as
otherwise permitted by law, another person, that occurs using any form of
technology including, but not limited to: Internet-enabled devices, online
spaces and platforms, computers, mobile devices, cameras and imaging programs,
apps, location tracking devices, or communication technologies, or any other
emerging technologies.
(8)
Stalking. Engaging in a course of conduct directed at a specific
person that would cause a reasonable person to fear for their safety or the
safety of others, or suffer substantial emotional distress.
Notes
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