Definitions
- “Consent” means knowing, voluntary, and clear permission by word or action, to engage in mutually
agreed upon sexual activity. Each party has the responsibility to make certain that
the other has consented before engaging in the activity. For consent to be valid,
there must be at the time of the act of sexual intercourse or sexual contact actual
words or conduct indicating freely given agreement to have sexual intercourse or sexual
contact.
A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.
Intoxication is not a defense against allegations that an individual has engaged in non consensual sexual conduct. - "Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
- “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.
- “Formal Complaint” means a writing submitted by the Complainant or signed by the Title IX coordinator alleging Sexual Harassment against a Respondent and requesting that the college conduct an investigation.
- “Education Program or Activity” includes 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. It also includes any building owned or controlled by a student organization officially recognized by the college.
- “Sexual Harassment,” for purposes of these Title IX Grievance Procedures, Sexual Harassment occurs when
a Respondent engages in the following discriminatory conduct on the basis of sex:
- Quid pro quo harassment. A college employee conditioning the provision of an aid, benefit, or service of the college on an individual’s participation in unwelcome sexual conduct.
- Hostile environment. Unwelcome 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 college’s educational programs or activities or college employment.
- "Sexual assault" includes the following conduct:
- 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.
- 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.
- 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 eighteen (18).
- Statutory rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).
- 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.
- Dating violence, Physical violence, bodily injury, assault, the infliction of fear of imminent physical
harm, sexual assault, or stalking committed by a person (i) who is or has been in
a social relationship of a romantic or intimate nature with the victim; and (ii) where
the existence of such a relationship shall be determined based on a consideration
of the following factors:
- The length of the relationship;
- The type of relationship; and
- The frequency of interaction between the persons involved in the relationship.
- 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.