WAC 106-120-004: Definitions

Link to law: http://apps.leg.wa.gov/wac/default.aspx?cite=106-120-004
Published: 2015

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WACs > Title 106 > Chapter 106-120 > Section 106-120-004



Agency filings affecting this section

WAC 106-120-004


(1) "University" shall mean Central Washington University.
(2) "Vice-president" shall mean the vice-president for student affairs and enrollment management of the university or the vice-president's designee.
(3) "Student" shall mean a person enrolled either full or part time, pursuing undergraduate or graduate studies, or extension studies, or a person accepted for admission or readmission to the university.
(4) "University community" shall include the employees and students of Central Washington University and all property and equipment of the university.
(5) "Hazing" shall include any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending Central Washington University. The term does not include customary athletic events or other similar contests or competitions.
(6) "Sexual assault" occurs when the act is intentional and is committed either by:
(a) Physical force, violence, threat, or intimidation;
(b) Ignoring the objections of another person;
(c) Causing another's intoxication or impairment through the use of alcohol or drugs; or
(d) Taking advantage of another person's incapacitation, state of intimidation, helplessness, or other inability to consent.
(7) "Sexual misconduct" occurs when an act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a person mistakenly believes that effective consent was given and did not meet his/her responsibility to gain effective consent.
(8) "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. More specifically, sexually harassing behavior includes, but is not limited to the following:
(a) Gender harassment, including sexist statements and behaviors that convey insulting, degrading, or sexist attitudes;
(b) Seductive behavior encompassing unwanted, inappropriate, and offensive physical or verbal sexual advances;
(c) Sexual bribery, involving solicitation of sexual activity or other sex-linked behavior by promise of reward;
(d) Sexual coercion of sexual activity or other sex-linked behavior by threat of punishment; and
(e) Sexual assault, attempted rape, and rape. Additional examples of sexual harassment can be found in the university's sexual harassment policy. (CWU Policies Manual 2- http://www.cwu.edu/~pres/policies/Part2-2.2.pdf).
(9) "Stalking" is a legal term for repeated harassment or other forms of invasion of a person's privacy in a manner that causes fear to its target. Stalking may include such acts as repeated following; unwanted contact (by letter or other means of communication); observing a person's actions closely for an extended period of time; or contacting family members, friends, or associates of a target inappropriately.
(10) Burden of proof: In determining whether sufficient cause exists, the burden of proof shall be on the university which must establish, by a preponderance of the evidence, that the student is responsible for a violation of the student conduct code. For the purpose of this code, the phrase "preponderance of the evidence," means that it is more likely that the student charged violated the student code by engaging in the conduct for which he/she is charged than that he/she did not.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 08-20-053, § 106-120-004, filed 9/24/08, effective 10/25/08; WSR 07-01-065, § 106-120-004, filed 12/18/06, effective 1/18/07; WSR 94-21-048 (Order CWU AO 75), § 106-120-004, filed 10/12/94, effective 11/12/94. Statutory Authority: Chapter 34.05 RCW and RCW 28B.35.120(11). WSR 91-04-054, § 106-120-004, filed 2/4/91, effective 3/7/91. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 85-07-032 (Order 58), § 106-120-004, filed 3/15/85.]