1. Bringing a complaint
(a) Any student in the College community who believes that he or she has been the victim of sexual harassment or sexual misconduct as defined above has a duty to bring the matter to the attention of the individual(s) designated to receive such complaints in as timely a manner as is practicable.
(b) Complaints by students regarding another Green Mountain College student or a person not a member of the Green Mountain College community should be brought to the Vice President of Student Life.
(c) Complaints by students regarding a Green Mountain College faculty or staff member should be brought to the Academic Dean or the Vice President of Student Life. The Academic Dean will respond to the complaint in accordance with the policies outlined in the Faculty and Staff Handbooks and in consultation with the Vice President of Student Life.
(d) A College administrator may initiate charges within the scope of these procedures to address potential issues of concern to the College and/or a member or members of the College community. In such cases, the procedures described below will be altered to the extent necessary at the discretion of the College for the efficient disposition of a charge, given the circumstances presented.
2. Resolution of a complaint by a student regarding another Green Mountain College student
(a) The Vice President of Student Life meets with the alleged victim, discusses the nature of the complaint and requests a written statement from the alleged victim. [Note: In some instances, the original complaint may come from a student report to Campus Security. In cases where the complaint begins with the Vice President of Student Life, the Vice President of Student Life will notify Campus Security of the complaint].
(b) The Vice President of Student Life explains the complaint and resolution process, answers questions, and informs the alleged victim that the investigation is confidential to the extent practicable. The Vice President instructs the alleged victim not to have contact with the alleged perpetrator until the incident is resolved. The Vice President also ensures that the alleged victim either has already or is offered the option to:
a. make a police report b. receive medical attention (on or off campus) c. receive counseling d. change living locations e. arrange for alternative class accommodations if the two students share a class
(c) The Vice President of Student Life makes a determination based on the present facts about the safety of the complainant and the potential risk to other students. If deemed necessary in her or his discretion, the Vice President of Student Life may contact the alleged perpetrator and may impose an interim suspension or other conditions.
(d) The Vice President of Student Life contacts the alleged perpetrator and explains the reason for meeting, the nature of the alleged complaint, and the process going forward. The alleged perpetrator is instructed to keep the process confidential and not to have contact with the alleged victim until the incident is resolved. The Vice President of Student Life requests that the alleged perpetrator submit a written statement regarding the alleged incident within 24 hours of this meeting. The Vice President of Student Life ensures that the alleged perpetrator is offered the option to:
a. receive counseling; b. select a faculty/staff member to serve as a confidential advocate during the investigation and resolution process.
(e) The Vice President of Student Life reviews the written statements of the alleged victim and alleged perpetrator and conducts any necessary follow-up investigation and questioning.
(f) Within five (5) business days from the date the alleged victim notifies the Vice President of Student Life of the incident, the Vice President of Student Life makes a determination regarding next steps for resolution. The incident may be resolved in one of the following manners in keeping with the Student Conduct Code and the College's judicial process:
Informal Resolution. In some instances, incidents and/or allegations are most appropriately resolved in a manner not resulting in formal judicial charges, including, but not limited to, meeting with a counselor at the Wellness Center and/or other faculty/staff or other campus or off-campus resources as appropriate (i.e. off campus agencies, mediators, counselors, etc).
Conduct Review Meeting. A Conduct Review Meeting is conducted by a Community Director to adjudicate the alleged violation in keeping with procedures outlined in the Student Conduct Code. The Judicial Review Board. The Judicial Review Board, comprised of one (1) faculty member and four (4) students as outlined in the Student Conduct Code, conducts a disciplinary Meeting and imposes sanctions.
Sexual Misconduct Officers Investigation. The Vice President of Student Life contacts the Sexual Misconduct Officers (designated employees appointed and trained on an annual basis), briefs them on the incident, and provides copies of all documents related to the incident. The Sexual Misconduct Officers meet with the alleged victim and the alleged perpetrator independently. They also meet with other witnesses they deem necessary. The Sexual Misconduct Officers prepare a written report of their findings and provide their recommendations to the Vice President of Student Life within ten (10) business days from the date the Vice President contacted the Sexual Misconduct Officers. [In some instances, circumstances may warrant longer than ten days to effectively investigate the incident. In such cases, the Sexual Misconduct Officers must notify the Vice President of Student Life, the alleged victim, and the alleged perpetrator in writing and impose a deadline within a reasonable period of time]. The Vice President of Student Life reviews the findings and resolves the complaint as s/he deems appropriate.
Insufficient Evidence. The Vice President of Student Life determines there is not enough information to justify filing a formal Sexual Misconduct charge and the disciplinary matter is dropped or other charges are assigned, as appropriate.
False Report. The Vice President of Student Life determines that the alleged victim made a false statement and the judicial process is engaged regarding any statements brought forward.