Previous relationships or consent do not imply consent to future sexual conduct.Consent to one form of sexual activity does not imply consent to other forms of sexual activity. The use of alcohol or drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct, or that person’s responsibility for determining whether another is capable of giving consent, as described above.
Except as otherwise specified herein, this policy applies to faculty, staff and students, as well as to others who participate in Middlebury’s programs and activities (see Section 2, Definitions: Covered Third Parties, below), including the undergraduate college, the Language Schools, the School of the Environment, Midd Core, Bread Loaf School of English, Bread Loaf Writers’ Conference, Middlebury College Schools Abroad, the Middlebury Institute of International Studies at Monterey ("the Institute"), and all other Middlebury on- or off-campus programs.
Information about on-campus and off-campus support services (i.e., counseling, health, victim advocacy, legal assistance and other related services) is provided in Appendix C, below.
The criminal law definitions used in many of those jurisdictions are described in Appendix A for the sake of information only.
However, Middlebury utilizes its own definitions of these prohibited behaviors for purposes of this policy that are consistent with the Clery Act, as amended effective 2014 (and expand upon the Clery act as noted above), and determines responsibility for violations of Middlebury policy through its own procedures and standards of proof (that is, by a preponderance of the evidence standard), not through the procedures or standards of proof employed in the criminal justice system.
Middlebury prohibits the crimes of sexual assault, dating violence, domestic violence, and stalking as defined by the Clery Act and this policy.
In addition, for the purposes of this policy, the definitions of domestic violence and dating violence expand upon the definitions required under the Clery Act, as amended effective 2014, and include other prohibited behaviors. Complaint Investigation and Resolution Procedures(A) In General(B) Complaints Directed to the HRO or DTC (includes Rights of Complainants and Rights of Respondents)(C) Complaint Receipt and Review(D) Amnesty(E) Investigation Overview(F) Investigation(G) Determination(H) Sanction(I) Time Frames for the Investigation, Adjudication and Determination of Sanctions(J) Appeals(K) Disposition Without Adjudication11. Plans or Directives Issued by Middlebury Officials16. Such action could include discipline for employees such as written reprimands, salary freezes (faculty) or termination of employment, or discipline for students such as probationary status, a letter of official discipline, suspension or expulsion from any or all programs in which the student is enrolled or participating. Emergency Withdrawal, Suspension, or Expulsion (Students)14. Training of Individuals Conducting Investigations and Adjudications15. Middlebury will take reasonable, prompt and appropriate action to respond to sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking and related retaliation where such conduct impacts or has the potential to impact the Middlebury program-based educational, residential, or employment environment of any member of the Middlebury community.Consent is not present or valid when a person is incapable of giving consent because they are incapacitated by drugs or alcohol; when intimidation, threats, physical force, or other actions that a reasonable person in that person’s circumstances would consider coercive are applied; when that person is placed in fear that any person will suffer imminent bodily injury; when a physical or mental condition is present such that the person cannot knowingly or voluntarily give consent; or when a person is under the age of 16.Silence, non-communication, or a lack of resistance does not necessarily imply consent.The procedures outlined below are designed, however, to assure fundamental fairness and to protect individuals from arbitrary or capricious disciplinary action.