WAC 392-190-008

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. The definitions set forth in RCW 28A.642.012 also govern the terms used in this chapter. Where a term is not defined in RCW 28A.642.012, the definitions in chapter 49.60 RCW apply, unless the context clearly requires otherwise.

(1) "OSPI" means the office of the superintendent of public instruction.

(2) "Protected status" means a personal characteristic or membership in a class for which discrimination is prohibited under RCW 28A.640.010 and 28A.642.010 including sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability.

(3) "School district" means a common school as defined by RCW 28A.150.010 and charter schools as defined by RCW 28A.710.010.

(4) "Sexual harassment."

(a) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature between two or more individuals if:

(i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;

(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or

(iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

(b) For the purpose of this definition, sexual harassment may include conduct or communication that involves adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male, and female to female.