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Additional Information Regarding the College's Sexual Harassment and Sexual Misconduct Process

1. The Vice President of Student Life, acting on behalf of the College, is the administrator who determines whether or not a conduct violation charge is filed, in keeping with the procedures outlined in the Student Conduct Code. A student does not initiate a charge against another student.

2. The College's process will proceed as stated above even if the complainant has filed a police report. The College encourages students to report alleged sexual misconduct to outside law enforcement agencies, and the College will assist students in making such reports if requested. The College may consult with and review information provided by law enforcement authorities, but the College makes its independent determination about whether or not the Student Conduct Code has been violated. The College's investigation and ultimate decision regarding the complaint proceeds independently of decisions made or not made by law enforcement authorities or a court.

3. The College's process as described above is between the College and the students involved. All records and information will be held in the strictest confidence practical, given the need to investigate and resolve a complaint. Parents/guardians, attorneys or other outside representatives are not permitted to participate in the process, with the limited exception that if criminal charges are pending against the charged party, an attorney may accompany the charged party to any Conduct Review Meeting or Conduct Review Board Meeting attended by the respondent, and the other advisor-related exception described above. The respondent may consult with his or her attorney during such Meeting(s), but the attorney may not speak to or address the Residence Life staff member or Board or otherwise represent the respondent before the Student Life staff member or Board, orally or in writing. With the student's written permission, the Vice President of Student Life may keep parents appropriately informed regarding the proceedings and outcomes.

4. Findings
Hearings involving charges of sexual harassment, sexual misconduct, domestic violence, dating violence or stalking shall use the standard “more likely than not” (also referred to as “preponderance of the evidence”) when determining whether a violation has occurred. Although sanctions may include any form of College penalties listed in the Student Handbook (see http://www.greenmtn.edu/life/student-handbook/student-conduct-code/ sanctions.asp ), a student found to have violated the College policy against non-consensual sexual intercourse will be suspended or expelled from the College. In accordance with federal law, the complainant will be informed in writing, simultaneously with the respondent, of: a) the finding issued in a Conduct Review Meeting or Conduct Review Board Meeting; b) the College’s procedures for complainants and respondents to appeal the SMRP’s decision; c) any change to the results that occurs prior to the time that such results become final; and d) when such results become final. Complainants in non-consensual sexual contact, domestic violence, dating violence and/or stalking cases will be informed of sanctions, and complainants in other types of cases will be informed of sanctions that pertain to them, to the extent permitted by law.

5. Appeal
The complainant and respondent involved in a matter that is considered in a Conduct Review Meeting or Conduct Review Board Meeting involving charges of sexual harassment, sexual misconduct, domestic violence, dating violence or stalking each has the right to appeal the decision. The purpose of the appeal is to review the adjudication process. Grounds for Appeal for a case to merit appeal, one of the following criteria must be met:
  • a procedural irregularity so substantial as to have likely altered the outcome of the meeting
  • new information that could not have been known or brought forward at the time of the meeting that is so substantial as to have likely altered the outcome of the meeting
  • a sanction that is grossly out of line with the violation
An appeal must be made in writing to the President of the College within five (5) business days of receipt of written notification of the findings. The appeal must include the grounds for appeal and supporting evidence. The President will review the appeal and render a decision, usually within ten (10) business days after receiving the notice of appeal. The complainant and the respondent will receive written notice of the outcome of an appeal. The decision of the President is final.

6. False reports will not be tolerated and will be dealt with through the College's conduct process. A good faith report that is determined not to be supported by a preponderance of the evidence is not a false report.

7. As noted above, the College’s first priority is safety. Alcohol or other substance charges may be considered against either or both parties, as applicable, but the investigation regarding misconduct covered by this policy will proceed and be resolved first.

8. Rights of Complainant and Respondent Rights of the complainant include:
  • The right to have complaints of sexual harassment, sexual misconduct, domestic violence, dating violence and/or stalking responded to quickly and with sensitivity by campus officials.
  • The right to be informed by College officials of options to notify proper law enforcement authorities and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the student‘s desire.
  • The right to a campus no-contact order against another student or employee who has reportedly engaged in behavior in violation of this policy..
  • The right to be notified in writing of available counseling, health, mental health, victim advocacy, legal assistance or students services, both on campus and in the community
  • The right to assistance in changing academic, living (for those residing on campus), transportation and working arrangements after reporting misconduct in violation of this policy.
  • The right to have a member of the College community as an advisor to accompany and assist in the campus hearing process.
  • The right to be accompanied to any formal or informal charge-related meeting by an advisor of his or her choice.
  • The right to have complaints heard by Hearing Board members who have received annual adjudication training on issues related to sexual harassment, sexual misconduct, domestic violence, dating violence and stalking, and how to conduct an adjudication process that protects the safety of complainants and promotes accountability.
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing.
  • The right to be informed of the outcome and sanction of any student conduct hearing, on the terms described above.
  • The right to appeal the findings and sanctions of a Conduct Review Meeting or Conduct Review Board Meeting, on the terms described above.
  • All of the rights afforded the respondent, to the fullest applicable extent, as described below and herein.

Rights of the Respondent include:
  • The right to be treated with respect by College officials.
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services.
  • The right to have a member of the College community as an advisor to accompany and assist in the campus hearing process.
  • The right to be accompanied to any formal or informal charge-related meeting by an advisor of his or her choice.
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions.
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation.
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing.
  • The right to have complaints heard by Hearing Board members who have received annual adjucation training on issues related to sexual harassment, sexual misconduct, domestic violence, dating violence and stalking, and how tot protects the safety of complainants and promotes accountability.
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing.
  • The right to appeal the findings and sanctions of a Conduct Review Meeting or Conduct Review Board Meeting, on the terms described above.

9. For procedures that apply to cases in which a student or employee (staff or faculty member) claims that an employee (staff or faculty member) has engaged in sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, please refer to these prohibited acts in the Staff Handbook (see http://www.greenmtn.edu/media/ 272354/handbook_staff.pdf).

10. Appendix IV outlines information for students who may have been subjected to sexual misconduct (see http://www.greenmtn.edu/life/student-handbook/appendices/appendix- iv-information-for-victims-of-sexual-violence.aspx ). Other information and/or counseling services for students who report they have been subjected to sexual misconduct, and for respondents, are available at the Wellness Center.

11. Resources for Sexual Violence Prevention:
  • Vermont Network against Domestic and Sexual Violence: http://www.vtnetwork.org/ about/sane/
  • Medical Exams and treatment: http://www.vtnetwork.org/wp-content/uploads/SV- Medical-Resources1.pdf
  • Rutland County Women’s Network and Shelter: Hotline: (802) 775-3232 Email: rcwnsmiche@yahoo.com www.rcwn.org
  • Rutland Regional Medical Center: http://www.rrmc.org Sexual Violence Prevention: According to the Centers for Disease Control and Prevention comprehensive sexual violence prevention should focus on all levels that have an effect on violence; the individual, relationship, community and society. Strategies aimed at educating individuals are called risk reduction techniques. http://www.cdc.gov/ViolencePrevention/ sexualviolence/prevention.html
  • Individuals can reduce their risk of sexual assault by following these tips: examining their values and developing plans related to sexual behaviors including ways to manage peer pressure. Remembering sexual activities can be stopped at any time. Practicing independence and general safety precautions; informing others of their plans including return times, considering meeting dates in public places and paying attention to their surroundings. Avoiding excessive use of alcohol and other drugs can reduce individuals’ risk of sexual violence. Individuals should trust their intuitive sense, if something feels wrong they should be cautious. Individuals should memorize the campus security phone number: 287-8911.

    This information was retrieved from the website of the Counseling and Psychological Services Center at Mary Washington University: http://students.umw.edu/caps/sexual- assault-information/preventing-and-responding-to-sexual-assault-sexual-harassment-and- stalking-a-resource-guide/

    12. Federal and State Agencies
    Police Services for Poultney, VT
    • Emergency: Dial 911 (Vermont State Police)
    • Non-Emergency: (802) 468-5355 (Vermont State Police)
    • Town Constable Dale Kerber: (802)287-9112
    Police service is provided through the Vermont State Police and the town constable. To report a non-emergency, call the State Police at 468-5355; however, if you require emergency services, call 911.

    Office for Civil Rights
    U.S. Department of Education
    8th Floor
    5 Post Office Square
    Boston, MA 02109-3921
    Telephone: 617.289.0111
    Facsimile: 617.289.0150
    Email: OCR.Boston@ed.gov

    Vermont Attorney General’s Office, Civil Rights Unit
    109 State Street
    Montpelier, VT 05609-1001
    802.828.3171
    802.828.3665 (TTY)
    civilrights@atg.state.vt.us
    Vermont Human Rights Commission
    14-16 Baldwin Street
    Montpelier, VT 05633-6301
    800.416.2010, x25 (voice)
    802.828.2481 (fax)
    877.294.9200 (TTY)
    human.rights@state.vt.us

    13. Vermont State Law Definitions
    Vermont law defines consent to sexual activity, sexual assault, domestic violence, dating violence and stalking as follows. These definitions are provided for the general information of the Green Mountain College community. The College’s definitions of these terms as a matter of College policy are at least or more broad and protective than the definitions provided by Vermont law. The College’s definitions and method of adjudication (which uses a preponderance of the evidence standard), rather than those used in Vermont’s criminal justice system, will control in all matters related to College-related behavior and hold student conduct proceedings.

    Consent is defined to mean “words or actions by a person indicating a voluntary agreement to engage in a sexual act.”

    Sexual Assault: Sexual assault is engaging in a sexual act with another person and compelling the other person to participate in a sexual act:
    (1) without the consent of the other person; or
    (2) by threatening or coercing the other person; or
    (3) by placing the other person in fear of imminent bodily injury.
    No person shall engage in a sexual act with another person and substantially impair the ability of the other person by administering or employing drugs or intoxicants without the knowledge of or against the will of the other person.

    • A “sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or object into the genital or anal opening of another.

    Domestic Violence: Domestic assault includes attempting to cause or willfully or recklessly causing bodily injury to a family or household member or wilfully causing a family or household member to fear imminent serious bodily injury.

    “Household members” are those persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or have dated.

    Dating Violence: Domestic assault includes attempting to cause or willfully or recklessly causing bodily injury to a person one is dating or has dated or wilfully causing such person to fear imminent serious bodily injury.

    “Dating” is defined as a social relationship of a romantic nature.

    Factors to consider in determining whether a dating relationship exists or existed, include:
    (a) the nature of the relationship;
    (b) the length of time the relationship has existed;
    (c) the frequency of the interaction between the parties; and
    (d) the length of time since the relationship ended, if applicable.
    Stalking: is defined to mean engaging in a course of conduct which consists of following, lying in wait for, or harassing a person, when such conduct:
    (a) serves no legitimate purpose; and
    (b) would cause a reasonable person to fear for his or her physical safety or health, or would cause a reasonable person to suffer emotional distress.
    • “Course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose.
    • “Following” means maintaining, over a period of time, a visual or physical proximity to another person in such a manner as would cause a reasonable person to have a fear of unlawful sexual conduct, unlawful restraint, bodily injury or death.
    • “Lying in wait” means hiding or being concealed for the purpose of attacking or harming another person.
    • “Harassing” means actions directed at a specific person, or a member of the person’s family, which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including but not limited to verbal threats, written, telephonic, or other electronically communicated threats, vandalism, or physical contact without consent.

    1. See 13 V.S.A. § 3251(3) (Sexual Assault - Definitions).
    2. See 13 V.S.A. § 3252 (Sexual Assault).
    3. See 13 V.S.A. § 3251(1) (Sexual Assault - Definitions).
    4. See 13 V.S.A. § 1042 (Domestic Assault).
    5. See 15 V.S.A. § 1101(2) (Domestic Relations, Abuse Prevention - Definitions).
    6. See 13 V.S.A. § 1042 (Domestic Assault).
    7. See 15 V.S.A. § 1101(2) (Domestic Relations, Abuse Prevention - Definitions).

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