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.