AMENDATORY SECTION (Amending WSR 15-24-054, filed 11/23/15, effective 12/24/15) WAC 106-125-010 Definitions. The following definitions shall apply for purposes of this student conduct code: (1) Advisor of choice. The "advisor of choice" is the person se- lected by a complainant or respondent to provide informal advice and support at any stage of a disciplinary proceeding under this student code. Except as otherwise provided in these rules, the role of the ad- visor of choice does not include representation of a party. (2) Complainant. A "complainant" for purposes of this student code means any person who is the alleged victim or target of prohibi- ted student conduct, whether or not such person has made an actual complaint. (((2))) (3) Conduct officer. The "conduct officer" or "student conduct officer" is the university official designated by the univer- sity to be responsible for initiating disciplinary action for alleged violations of this code. (((3))) (4) Conduct review officer. The "conduct review officer" is the university official designated by the university to hear ap- peals of disciplinary action conducted as brief adjudicative proceed- ings and to enter final decisions in proceedings heard by the student conduct council. (((4))) (5) Consent. The term "consent" for purposes of this code means knowing, voluntary, and clear permission and agreement, by ac- tual words or conduct, to engage (or to continue engaging) in sexual activity. A person may be incapable of giving consent, or of diminish- ed capacity to consent, by reason of age, threat or intimidation, lack of opportunity to consent, physical or mental impairment, drug or al- cohol consumption, unconsciousness, or other cause. A person engages in nonconsensual sexual activity if the person knows, or reasonably should know, that the other person is of diminished capacity to con- sent or has in any way manifested lack of consent. Intoxication is not a defense against allegations of nonconsensual sexual activity. (6) Day. The term "day," unless otherwise qualified, means "cal- endar day." The qualified term "instructional day" means any day with- in an academic term that the university is open for business, exclud- ing weekends and holidays. (((5))) (7) Dean of student success. The term "dean" or "dean of student success" means the chief student affairs officer of the uni- versity and includes any acting or interim dean designated by the president to perform the functions and duties of the dean under this student code. (((6))) (8) Disciplinary action. The term "disciplinary action" means the decision of the designated university official regarding al- leged violations of the student code and includes any disciplinary sanction imposed for such violations. Disciplinary action does not in- clude a summary suspension. (((7))) (9) Filing and service. (a) Filing. The term "filing" means the delivery to the designa- ted university official of any document that is required to be filed under this code. A document is filed by hand delivering it or by mail- ing it to the university official (or the official's assistant) at the official's office address. Filing is complete upon actual receipt dur- ing office hours at the office of the designated official.
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OTS-3396.3
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