SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES
NEW SECTION WAC 106-125-200 Order of precedence. This supplemental proce- dure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106 (the "Title IX Final Rule"). To the extent these supplemental hearing procedures conflict with the university's standard disciplinary procedures, WAC 106-125-005 through 106-125-090, these supplemental procedures shall take precedence. NEW SECTION WAC 106-125-201 Revocation by operation of law. If any portion of the Title IX Final Rule is stayed or held invalid by a court of law, then the invalidated elements of the policy will be deemed re- voked as of the publication date of the opinion or order. NEW SECTION WAC 106-125-205 Prohibited conduct under Title IX. Pursuant to RCW 28B.35.120(12) and Title IX of the Education Act Amendments of 1972, 20 U.S.C. § 1681, the university may impose disciplinary sanc- tions 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 pro- cedure, "sexual harassment" encompasses the following conduct: (1) Quid pro quo harassment. A student employee of the university conditioning the provision of an aid, benefit, or service of the uni- versity on an individual's participation in unwelcome sexual conduct. (2) Hostile environment harassment. Hostile environment harass- ment, defined as unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effec- tively denies a person equal access to the university's educational programs or activities, or employment. (3) Sexual assault. Sexual assault includes the following con- duct: (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
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OTS-3396.3
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