as to deny or limit, based on sex, the ability of a student to participate in or benefit from the university’s educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s). b. Sexual intimidation. The term “sexual intimidation” incorporates the definition of “sexual harassment” and means threatening or emotionally distressing conduct based on sex, including stalking (or cyberstalking), voyeurism, indecent exposure, or the nonconsensual recording of sexual activity or distribution of such recording. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person’s safety or the safety of others, or to suffer substantial emotional distress. c. Sexual violence. The term “sexual violence” incorporates the definition of “sexual harassment” and means a physical sexual act perpetrated against a person’s will or where the person is incapable of giving consent, including rape, sexual assault, sexual battery, and sexual coercion. The term further includes acts of dating or domestic violence. A person may be incapable of giving consent by reason of age, threat or intimidation, lack of opportunity to object, disability, drug or alcohol consumption, unconsciousness, or other cause. 14.Unauthorized access. The term “unauthorized access” means gaining entry without permission to any restricted area or property of the university or the property of another person, including any facility, computer system, email account, or electronic or paper files. Unauthorized access includes computer hacking and the unauthorized possession or sharing of any restricted means of gaining access, including keys, keycards, passwords, or access codes. 15. University policy violations. The term “policy violation” means the violation of any applicable law or university policy governing the conduct of students as members of the university community, including university policies governing nondiscrimination, alcohol and drugs, computer use, copyright, and parking and traffic. 16. Weapons violations. A “weapons violation” includes the possession, display, or use of any firearm, explosive, dangerous chemical, knife, or other instrument capable of inflicting serious bodily harm in circumstances that are reasonably perceived as causing alarm for the safety of any person. The term “weapons violation” includes any threat to use a weapon to harm any person and the use of any fake weapon or replica to cause the apprehension of harm. The term further includes the possession on university premises of any firearm or other dangerous weapon in violation of public law or university policy, but does not include the lawful possession of any personal protection spray device authorized under RCW 9.91.160. WAC 106-125-050 DISCIPLINARYACTION - APPEALS • Disciplinary action imposed as a result of a University Conduct Hearing outcome may be appealed in writing in your Guardian Portal at https://cwu.guardianconduct.com or you can submit a paper appeal form to the Office of Student Rights and Responsibilities at Student.Conduct@cwu.edu. Students seeking to appeal must submit their appeal within the applicable time period to be considered. More information on appeals can be found online at cwu.edu/ student-rights/student-rights-appeals .
6. False or deceptive conduct. The term “false” or “deceptive conduct” means dishonest conduct (other than academic dishonesty) that includes forgery, altering or falsifying of university records, furnishing false or misleading information to the university, falsely claiming an academic credential, or falsely accusing any person of misconduct. 7. Harassment. The term “harassment” means unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person’s protected status and that is sufficiently serious as to deny or limit the ability of a student to participate in or benefit from the university’s educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s). Protected status includes a person’s actual or perceived race, color, national origin, gender, disability, or other status protected by law. See “Sexual misconduct” for the definition of “sexual harassment.” 8. Hazing. “Hazing” includes any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes or is likely to cause the destruction or removal of public or private property or that causes or is likely to cause bodily danger or physical harm, or serious mental or emotional harm, to any student or other person. 9. Personal offenses. The term “personal offense” is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, harassment, bullying, stalking, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person’s rights. The term includes personal offenses committed by electronic means. 10. Property violations. The term “property violation” includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of university property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and university trademarks. 11. R etaliation. The term “retaliation” means harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of this code or other university policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a university investigation or disciplinary proceeding. 12. Safety violations. The term “safety violation” includes any nonaccidental conduct that interferes with or otherwise compromises any university policy, equipment, or procedure relating to the safety and security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems. 13. Sexual misconduct. The term “sexual misconduct” includes sexual harassment, sexual intimidation, and sexual violence. a. Sexual harassment. The term “sexual harassment” means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious
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