(1) This supplemental chapter applies only if the alleged misconduct:
(a) Occurred in the United States;
(b) Occurred during a college educational program or activity; and
(c) Meets the definition of sexual harassment as that term is defined in this supplemental chapter.
(2) For purposes of this supplemental chapter, an educational program or activity is defined as locations, events, or circumstances over which the college exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the college.
(3) Proceedings under this supplemental chapter must be dismissed if the Title IX coordinator determines that one or all of the requirements under subsection (1) of this section have not been met. Dismissal under this supplemental chapter does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student code of conduct, chapter
132T-100 WAC.
(4) If the Title IX coordinator determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the student conduct officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.
[Statutory Authority: Chapter
34.05 RCW and RCW
28B.50.140; 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-030, filed 8/30/22, effective 9/30/22.]