Current through Register Vol. 24-18, September 15, 2024
For purposes of this chapter, Title IX grievance procedures,
the following terms are defined as follows:
(1) "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 noncon-sensual
conduct.
Intoxication is not a defense against allegations that an
individual has engaged in nonconsensual sexual conduct.
(2) "Complainant" means an individual who is
alleged to be the victim of conduct that could constitute sexual
harassment.
(3) "Respondent" means
an individual who has been reported to be the perpetrator of conduct that could
constitute sexual harassment.
(4)
"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 Bates Technical College conduct an investigation.
(5) "Education program or activity" includes
locations, events, or circumstances over which Bates Technical 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 Bates Technical
College.
(6) "Grievance procedure"
is the process Bates Technical College uses to initiate, informally resolve,
and/or investigate allegations that an employee or student has violated Title
IX provisions prohibiting sexual harassment.
(7) "Supportive measures" are
nondisciplinary, nonpunitive individualized services offered as appropriate, as
reasonably available, and without fee or charge to the complainant or
respondent regardless of whether the complainant or the Title IX coordinator
has filed a formal complaint. Supportive measures restore or preserve a party's
access to Bates Technical College's educational programs and activities without
unreasonably burdening the other party, as determined through an interactive
process between the Title IX coordinator and the party. Supportive measures
include measures designed to protect the safety of all parties and/or the
college's educational environment and/or to deter sexual harassment or
retaliation. Supportive measures may include, but are not limited to:
(a) Counseling and other medical
assistance;
(b) Extensions of
deadlines or other course-related adjustments;
(c) Modifications of work or class
schedules;
(e) Increased security or
monitoring of certain areas of campus; and
(f) Imposition of orders prohibiting the
parties from contacting one another in housing or work situations.
Determinations about whether to impose a one-way no contact
order must be made on a case-by-case basis. If supportive measures are not
provided, the Title IX coordinator must document in writing why this was
clearly reasonable under the circumstances.
(8) "Summary suspension" means an emergency
suspension of a student respondent pending investigation and resolution of
disciplinary proceedings pursuant to the procedure and standards set forth in
WAC 495A-121-062.
(9) "Sexual harassment," for purposes of this
chapter, Title IX grievance procedures, occurs when a respondent engages in the
following discriminatory conduct on the basis of sex:
(a) Quid pro quo harassment. A Bates
Technical College employee conditioning the provision of an aid, benefit, or
service of the college on an individual's participation in unwelcome sexual
conduct.
(b) 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 Bates Technical College's educational programs or activities or Bates
Technical College employment.
(c)
Sexual assault. Sexual assault includes the following conduct:
(i) 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.
(ii) 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.
(iii) 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.
(iv) Statutory rape. Consensual intercourse
between a person who is eighteen years of age or older, and a person who is
under the age of sixteen.
(v)
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.
(vi) 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.
(vii) Stalking. Engaging in a course of
conduct directed at a specific person that would cause a reasonable person to:
(A) Fear for their safety or the safety of
others; or
(B) Suffer substantial
emotional distress.
(10) "Title IX administrators" are the Title
IX coordinator, Title IX investigators, the student conduct officer,
student/faculty disciplinary committee members, human resources disciplinary
officer, hearing panel and/or neutral decision maker, and Bates Technical
College-provided advisors assigned to the parties by the college during Title
IX disciplinary proceedings.
(11)
"Title IX coordinator" is responsible for processing Title IX complaints and
conducting and/or overseeing formal investigations and informal resolution
processes under this grievance procedure. Among other things, the Title IX
coordinator is responsible for:
(a) Accepting
and processing all Title IX reports, referrals, and formal
complaints.
(b) Executing and
submitting a formal complaint when appropriate and necessary.
(c) Handling requests for
confidentiality.
(d) Determining
during the grievance procedure:
(i) Whether a
formal complaint should be dismissed either in whole or in part, and if
so;
(ii) Providing notice to both
parties about why dismissal was necessary or desirable; and
(iii) Referring the claim to the appropriate
disciplinary authority for proceedings outside the jurisdiction of Title
IX.
(e) Maintaining
accurate records of all claims, reports, and referrals, and retaining
investigation files, claims, reports, and referrals in compliance with the
applicable records retention schedules or federal or state law, whichever is
longer.
(f) Conducting
investigations or assigning and overseeing investigations.
(g) Engaging in an interactive process with
both parties to identify and provide supportive measures that ensure during the
investigation and disciplinary processes that the parties have equitable access
to educational programs and activities and are protected from further
discrimination or retaliation.
(h)
Upon completion of an investigation, issuing or overseeing the issuance of a
final investigation report to the parties and the appropriate disciplinary
authority in compliance with this grievance procedure.
(i) Recommending nondisciplinary corrective
measures to stop, remediate, and/or prevent recurrence of discriminatory
conduct to disciplinary authorities and other college administrators.