The definitions set forth in this section shall apply
throughout this chapter. The following words and phrases shall mean:
(1) "Assembly" means any activity engaged in
by two or more persons, and the object of which is to gain publicity, advocate
a view, petition for a cause, or disseminate information to any persons or
group of persons.
(2) "Board of
trustees" shall mean the five-member governance board appointed by the governor
of the state of Washington for Bates Technical College, District 28.
(3) "Calendar day" means days will be counted
by excluding the first day and including the last day of timelines. When the
last day falls on a Saturday, Sunday, or holiday, the timeline runs until the
next date on which the college is open for business.
(4) "College" shall mean Bates Technical
College, District 28.
community" means students, employees, trustees, and volunteers.
(6) "College facilities" and "college
facility" mean and include any real and personal property owned, rented,
leased, or operated by the college, all buildings and appurtenances attached
thereto, and all parking lots and other grounds. College facilities extend to
distance education classroom environments and agencies or institutions that
have educational agreements with the college.
(7) "College official" includes any person
employed by the college performing assigned duties.
(8) "College premises" includes all campuses
of the college where located and includes all land, buildings, facilities,
vehicles, equipment, and other property owned, used, or controlled by the
(9) "College president"
shall mean the chief executive officer of the college appointed by the board of
(10) "Complainant" is any
person who submits a complaint alleging that a student violated the student
conduct code, or in matters of sexual misconduct, a complainant is an alleged
victim of sexual misconduct.
"Conduct review officer" is the 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
"Consent" means a
person gives knowing, voluntary, and clear permission by word or action to
engage in mutually agreed upon sexual activity. Each party has the
responsibility to make certain that the other has consented before engaging in
the sexual activity. For consent to be valid there must be at the time of the
act of sexual intercourse or sexual contact actual words or action indicating
freely given agreement to have sexual intercourse or sexual contact.
A person may be incapable of giving consent by reason of age,
threat, intimidation, lack of opportunity to object, disability, drug or
alcohol consumption, or other cause. A person cannot consent if they are unable
to understand what is happening, are disoriented, helpless, asleep, or
unconscious for any reason including due to alcohol or other drugs.
Intoxication is not a defense against allegations that an
individual has engaged in nonconsensual sexual activity. An individual has
engaged in nonconsensual sexual activity when the individual knows, or should
know, that the other person is physically, emotionally, or mentally
"Controlled substance" means and includes any drug or substance as defined in
chapter 69.50 RCW as now law or hereafter amended.
(14) "Day" means a weekday, excluding
weekends, college holidays, and college closures unless otherwise
action" is the process by which the student conduct officer imposes discipline
against a student for a violation of the student conduct code. Disciplinary
action does not include instructional decisions and actions that are under the
authority of faculty members and instructional administrators, such as
determination of academic credit and grading. These determinations and any
review or appeal of these are outside the scope of this chapter.
(16) "Disciplinary appeal" is the process by
which an aggrieved student can appeal the discipline imposed by the student
conduct officer. Disciplinary appeals from a suspension in excess of ten days
or a dismissal are heard by the student/faculty disciplinary committee. Appeals
of all other disciplinary action that can be appealed is reviewed through brief
"Employee" means any classified, faculty, administrator, exempt, student worker
or volunteer person.
Educational Rights and Privacy Act" and "FERPA" mean the law and regulations
known by those names (20 U.S.C. Sec. 1232g
; 34 C.F.R. Part 99
"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
(a) Hand delivery of the
document to the specified college official or college official's assistant;
By sending the document by
email to the specified college official's email address.
Paper required to be filed is deemed filed upon actual receipt
during office hours at the office of the specified college official.
(20) "Instructor" and
"faculty" mean any employee of Bates Technical College, District 28 who is
employed on a full-time or part-time basis as a teacher, instructor, counselor,
faculty advisor, or librarian. Instructors have separate authority to impose
academic sanctions. Bates Technical College's student code of conduct
proceedings are not the exclusive means of addressing academic
(22) "Respondent" is the student against whom
disciplinary action is initiated.
"Service" is the process by which a
document is officially delivered to a party. Unless otherwise provided, service
upon a party is accomplished by:
delivery of the document to the party; or
By sending the document by email to the
party's last known address.
Service is deemed complete upon hand delivery of the document
or upon the date the document is emailed.
"Sexual misconduct" is the definition
ascribed to this term in WAC
and chapter 495A-115 WAC.
"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, continuing education, or contract courses.
Persons meeting the following criteria are considered students:
(a) Who withdraw after allegedly violating
(b) Who are not
officially enrolled for a particular term but have a continuing relationship
with the college; or
(c) Who have
been notified of their acceptance for admission.
"Student conduct officer" is a college
administrator designated by the president to be responsible for investigating
allegations of student misconduct and taking disciplinary action based on the
prohibited conduct listed in WAC
and 495A-115-020. The president may reassign any of the student conduct
officer's responsibilities under this chapter as deemed appropriate.
(27) "Student organization" means any number
of students who meet the college's formal requirements to form a club or
(28) "Visitors" means
guests, applicants, contractors, vendors, advisory board members, foundation
board members, and members of the public on college premises.