The following supplemental definitions shall apply for purposes of student conduct code proceedings involving allegations of sexual misconduct by a student:
(1) "Complainant" is an alleged victim of sexual misconduct, as defined in subsection (2) of this section.
(2) "Sexual misconduct" is prohibited sexual or gender-based conduct by a student including, but not limited to:
(a) Sexual activity for which clear and voluntary consent has not been given in advance;
(b) Sexual activity with someone who is incapable of giving valid consent because, for example, she or he is underage, sleeping or otherwise incapacitated due to alcohol or drugs;
(c) Sexual harassment;
(d) Sexual violence, which includes, but is not limited to, sexual assault, domestic violence, intimate violence, and sexual or gender-based stalking;
(e) Nonphysical conduct such as sexual- or gender-based digital media stalking, sexual- or gender-based online harassment, sexual- or gender-based cyberbullying, nonconsensual recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.
[Statutory Authority: Chapter 28B.50
RCW. WSR 15-03-078, § 132C-120-305, filed 1/16/15, effective 2/16/15.]