Wash. Admin. Code § 132F-121-280 - Prohibited conduct under Title IX
Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, the Seattle Colleges may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual harassment" encompasses the following conduct:
(1) Title IX quid pro quo harassment. Quid
pro quo harassment occurs when a student in their capacity as an employee of
the Seattle Colleges conditions the provision of an aid, benefit, or service of
the Seattle Colleges on an individual's participation in unwelcome sexual
conduct.
(2) Title IX hostile
environment. Unwelcome sexual or gender-based conduct that a reasonable person
would find to be so severe, pervasive, and objectively offensive that it
effectively denies a person equal access to the Seattle Colleges' educational
programs or activities, or employment.
(3) Sexual assault. Sexual assault includes
the following conduct:
(a) Nonconsensual
sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or
vaginal), however slight, with any object or body part, by a person upon
another person, that is without consent and/or by force. Sexual intercourse
includes anal or vaginal penetration by a penis, tongue, finger, or object, or
oral copulation by mouth to genital contact or genital to mouth
contact.
(b) Nonconsensual sexual
contact. Any actual or attempted sexual touching, however slight, with any body
part or object, by a person upon another person that is without consent and/or
by force. Sexual touching includes any bodily contact with the breasts, groin,
mouth, or other bodily orifice of another individual, or any other bodily
contact in a sexual manner.
(c)
Incest. Sexual intercourse or sexual contact with a person known to be related
to them, either legitimately or illegitimately, as an ancestor, descendant,
brother, or sister of either wholly or half related. Descendant includes
stepchildren and adopted children under the age of 18.
(d) Statutory rape. Consensual sexual
intercourse between someone who is 18 years of age or older and someone who is
under the age of 16.
(4)
Domestic violence. Physical violence, bodily injury, assault, the infliction of
fear of imminent physical harm, sexual assault, or stalking committed by a
person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the state of Washington, or by any other person against an
adult or youth victim who is protected from that person's acts under the
domestic or family violence laws of the state of Washington,
RCW
26.50.010.
(5) Dating violence. Physical violence,
bodily injury, assault, the infliction of fear of imminent physical harm,
sexual assault, or stalking committed by a person:
(a) Who is or has been in a social
relationship of a romantic or intimate nature with the victim; and
(b) Where the existence of such a
relationship shall be determined based on a consideration of the following
factors:
(i) The length of the
relationship;
(ii) The type of
relationship; and
(iii) The
frequency of interaction between the persons involved in the
relationship.
(6) Stalking. Engaging in a course of conduct
directed at a specific person that would cause a reasonable person to fear for
their safety or the safety of others, or suffer substantial emotional
distress.
Notes
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