PDFWAC 132D-150-030

Definitions.

The following definitions shall apply for purpose of this student conduct code:
(1) "Business day" means a weekday, excluding weekends and college holidays.
(2) "Calendar day" means days on the calendar including weekends and holidays.
(3) "College premises" shall include all campuses of the college, wherever located, and includes all land, buildings, facilities, vehicles, equipment, and other property owned, used, or controlled by the college.
(4) "Complainant" means the following individuals who are alleged to have been subjected to conduct violations of this code:
(a) A student or employee; or
(b) A person other than a student or employee who was participating or attempting to participate in the college's education program or activity at the time of the alleged discrimination.
(5) "Conduct review officer" is a 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 this code.
(6) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.
(7) "Disciplinary appeal" is the process by which an aggrieved party can appeal the discipline imposed or recommended by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or an expulsion are heard by the student conduct committee. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.
(8) "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 accomplished by:
(a) Hand delivery of the document to the specified college official or college official's assistant; or
(b) By sending the document by email and/or first class mail to the specified college official's office and college email address.
Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official.
(9) "Pregnancy or related conditions" means:
(a) Pregnancy, childbirth, termination of pregnancy, or lactation;
(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
(c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
(10) "President" is the president of the college. The president is authorized to delegate any of their responsibilities as set forth in this chapter as may be reasonably necessary, and reassign any and all duties or responsibilities as set for this chapter as may be reasonably necessary.
(11) "Program" or "programs and activities" means all operations of the college.
(12) "Relevant" means related to allegations under investigation. Questions are relevant when they seek evidence that may aid in showing whether a violation occurred, and evidence is relevant when it may aid a decision maker in determining whether a violation occurred.
(13) "Respondent" is a student who is alleged to have violated the student conduct code.
(14) "Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:
(a) Hand delivery of the document to the party; or
(b) By sending the document via first class mail to the party's last known address; or
(c) By sending the document by email via Skagit Valley College's online student conduct software. It is the responsibility of each student to regularly check their official Skagit Valley College email address.
Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and/or deposited in the mail.
(15) "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, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students."
(16) "Student conduct officer" is a college administrator designated by the president or vice president of student services to be responsible for implementing and enforcing the student conduct code. The president or vice president of student services is authorized to reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
(17) "Student employee" means an individual who is both a student and an employee of the college. When a complainant or a respondent is a student employee, the college must make a fact-specific inquiry to determine whether the individual's primary relationship with the college is to receive an education and whether any alleged student conduct code violation including, but not limited to, sex-based harassment, occurred while the individual was performing employment-related work.
(18) "Student group" is a student organization, athletic team, or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, student performance groups, and student living groups within student housing.
(19) "Supportive/interim measures" means reasonably available, individualized and appropriate, nonpunitive and nondisciplinary measures offered by the college to the complainant or respondent without unreasonably burdening either party, and without fee or charge for purposes of:
(a) Restoring or preserving a party's access to the college's educational program or activity, including measures that are designed to protect the safety of the parties or the college's educational environment; or providing support during the college's investigation and disciplinary procedures, or during any informal resolution process; or
(b) Supportive/interim measures may include, but are not limited to, counseling; extensions of the deadlines and other course-related adjustments; campus escort services; increased security and monitoring of a certain areas of campus; restriction on contact applied to one or more parties; a leave of absence; change in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; modified on-campus employment schedule or location; restrictions on access to portions of campus including, but not limited to, on-campus housing; and training and education programs related to sex-based harassment.
(20) "Title IX coordinator" is the administrator responsible for processing complaints of sex discrimination, including sex-based harassment, overseeing investigations and informal resolution processes, and coordinating supportive measures, in accordance with college policy.
Note:
"Day" refers to calendar days unless otherwise specified.
[Statutory Authority: RCW 28B.50.140(13). WSR 25-01-077, s 132D-150-030, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-030, filed 6/22/21, effective 7/23/21; WSR 16-04-102, § 132D-150-030, filed 2/2/16, effective 3/4/16.]