WAC 106-120-004
Definitions. (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 2-2.2.3.2
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). 08-20-053, § 106-120-004, filed 9/24/08, effective 10/25/08;
07-01-065, § 106-120-004, filed 12/18/06, effective 1/18/07;
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). 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). 85-07-032 (Order 58), §
106-120-004, filed 3/15/85.]