Wash. Admin. Code § 132U-305-015 - Prohibited conduct under Title IX
Current through Register Vol. 22-07, April 1, 2022
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 or employee 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 policy, "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 eighteen.
(d) Statutory rape. Consensual sexual
intercourse between someone who is eighteen years of age or older and someone
who is under the age of sixteen.
(4) Domestic violence. Physical violence,
bodily injury, assault, the infliction of fear of imminent physical harm,
sexual assault, or stalking committed by a person with whom the victim shares a
child in common, by a person who is cohabitating with or has cohabitated with
the victim as a spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the state of Washington,
or by any other person 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) 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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