This policy further expands the list of prohibited behaviors beyond Clery requirements to include the categories of Sexual Exploitation, and Domestic and Dating Misconduct.
In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, Middlebury includes the definitions of sexual assault, the definition of consent in reference to sexual activity, and the definitions of domestic violence, dating violence and stalking that are used by the criminal laws in applicable jurisdictions.
Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent.
Examples of behavior that could constitute sexual exploitation include but are not limited to the following:: Middlebury’s prohibition of sexual exploitation is not intended to prohibit the use of sexually explicit materials that are reasonably related to Middlebury’s academic mission.
The definitions outlined immediately below apply as a matter of Middlebury policy in all locations where Middlebury operates its programs.
Sexual misconduct violates the rights of others, and demonstrates flagrant disregard for the principles of this community.
If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented fundamental fairness.
The definitions of sexual assault, domestic violence, dating violence and stalking used in this policy are consistent with the Clery Act, as amended effective 2014.
Sexual assault may occur with or without physical resistance or violence.
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.
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 JAO (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.