WAC 192-150-112   Definitions -- Domestic violence and stalking -- RCW 50.20.050 (1)(b)(iv) and (2)(b)(iv).  To constitute good cause for leaving work, your job separation must have been necessary to protect yourself or a member of your immediate family from domestic violence or stalking.

     (1) Immediate family is defined in WAC 192-150-055 and means your spouse, domestic partner, and [the] children (including your unborn children), siblings, stepchildren, foster children, or parents of either spouse or domestic partner, whether living with you or not, and other relatives who temporarily or permanently reside in your household.

     (2)(a) Domestic violence is defined in RCW 26.50.010. It includes the following acts committed between family or household members:

     (i) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault;

     (ii) Sexual assault; or

     (iii) Stalking.

     (b) The perpetrator of domestic violence must be a family or household member, which means:

     (i) Spouses, domestic partners, former spouses, and former domestic partners,

     (ii) Persons who have a child in common regardless of whether they have been married or have lived together at any time,

     (iii) Adult persons related by blood or marriage,

     (iv) Adult persons who are presently residing together or who have resided together in the past,

     (v) Persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship,

     (vi) Persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and

     (vii) Persons who have a biological or legal parent-child relationship, including stepparents, stepchildren, grandparents, and grandchildren.

     (c) "Dating relationship" means a social relationship of a romantic nature.

     (3) Stalking is defined by RCW 9A.46.110. It means:

     (a) Intentionally and repeatedly harassing or following another person; and

     (b) Placing the person being harassed or followed in fear of injury to self or property, or to another person or the property of another person; and

     (c) Intending to frighten, intimidate, or harass the other person; or

     (d) Knowing or having reason to know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

     (i) "Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose.

     (ii) "Repeatedly" means on two or more separate occasions.

     (iii) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.

     (iv) "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.



[Statutory Authority: RCW 50.12.010, 50.12.040, and 34.05.120. 10-01-156, § 192-150-112, filed 12/22/09, effective 1/22/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. 05-13-156, § 192-150-112, filed 6/21/05, effective 7/22/05.]


NOTES:

     Reviser's note:  RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.