Sexual Misconduct Policy

Section 1: Introduction

Berea College (the “College”) prohibits Sexual Misconduct as described in this policy. The College is committed to raising awareness of issues relating to Sexual Misconduct and its prevention, providing training and continuing education for students, staff and faculty, and providing adequate resources for prompt assistance to victims of Sexual Misconduct.

Specifically, it is the policy of the College that designated faculty and staff members take immediate and appropriate steps to investigate and act when the College knows or reasonably should know of possible Sexual Misconduct. When Sexual Misconduct is determined to have occurred, the College shall take prompt and effective steps reasonably calculated to end the misconduct, prevent its recurrence, and, as appropriate, remedy its effects. All complaints shall be processed in accordance with the procedures established in this policy.

It is also the policy of the College to prohibit retaliation against any student, faculty, or staff member filing a complaint alleging Sexual Misconduct or participating as a witness, and to ensure that person's safety as necessary, including taking interim steps to protect the person prior to the final outcome of any investigation.

The College is committed to resolving complaints promptly and equitably and to providing a safe and nondiscriminatory environment for all students, faculty, or staff members, free from Sexual Misconduct. This also includes complaints involving parties of the same sex.

Section 2: Scope of Policy

All of College’s students, faculty, staff, and campus visitors are covered by this policy. This policy applies on all College property, on all property at which the College holds educational programs or activities, and on all means of transport utilized by or on behalf of the College for students, faculty, and staff. This policy applies to all of the College’s educational programs and other activities, including BIST study abroad programs. For purposes of this policy, all references to the campus shall include the College forest, farms, and other real property owned by Berea College. This policy may be applicable to the effects of off-campus misconduct that effectively deprives someone of access to Berea College's educational program or has continuing effects on campus.

The College has a separate policy and procedures pertaining to Sexual Harassment as defined under Title IX. This Policy does not apply to any matter arising within the scope of the College's Title IX Policy.

Section 3: Assistance Following an Incident of Sexual Misconduct

The College offers assistance and non-judgmental support to any party involved in a claim of Sexual Misconduct. Both complainants and respondents can expect to be treated with care and respect from the time the College becomes aware of an incident, through the entire process and afterwards. All parties are encouraged to utilize both on-campus and off-campus resources for assistance.

The College shall take prompt steps, as necessary, to protect a Complainant once the College has notice of a claim of Sexual Misconduct. The College shall take supportive measures, including academic, residential, labor, and workplace accommodations, to protect the Complainant and witnesses as necessary while any criminal or campus investigation is underway and before the outcome of any investigation. In the event of an alleged off-campus Sexual Misconduct incident affecting one or more members of the College community, the College shall endeavor to protect the Complainant and the College community in the same manner as if the Sexual Misconduct had occurred on campus.

a. Immediate Assistance - In the event of Sexual Misconduct, various resources are available to students and other victims:

Trained on- and off-campus counselors who can provide an immediate confidential response in a crisis and persons who can accompany a victim to the hospital or other health care provider:
College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.

Ampersand Sexual Violence Resource Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367
Emergency phone numbers for on and off-campus safety, law enforcement and other first responders, including the Title VII/IX Coordinator:
Campus Safety/Police: 859-985-3333 (on-campus ext. 3333)

Local (Berea) Police: 859-986-8456

Ambulance: 911

Title VII/IX Coordinator: 859-228-2323 (on-campus ext. 2323)
Health care services are available as follows:
Off-Campus: (White House Clinic): 859-985-1415 *After hours/holidays, call St. Joseph Hospital Berea (859-986-3151) and ask for the Physician on-call for Berea College health services.

Off-Campus: (St. Joseph's Hospital -Berea) 859-986-3151
A Sexual Assault Nurse Examiner (SANE) can be found or a rape kit can be obtained at:
Off-Campus: (St. Joseph’s Hospital – Berea): Can be requested in the Emergency Room, 859-986-3151 (Hospital Main number) or 859-986-6527/6528 (Emergency Room).

Off- Campus: (Baptist Health – Richmond): Can be requested in the Emergency Room, 859-623-3131 (Hospital Main number) or 859-625-3290 (Emergency Services).

Any victim of Sexual Misconduct should be aware of the options to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and other services. Victims are encouraged to discuss with health care providers, campus officials, and/or first responders the option of seeking medical treatment to preserve evidence.

b. The preservation of evidence in incidents of certain sexual misconduct is critical to potential criminal prosecution and to obtaining restraining orders, and particularly time sensitive. Berea College informs the Complainants of the importance of preserving evidence by taking the following actions:

Seek forensic medical assistance at the Berea Hospital or other local medical facility, ideally within 120 hours of the incident (sooner is better)
Avoid showering, bathing, washing hands or face, or douching, if possible, (but evidence may still be collected even if you do).
Try not to urinate.
If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence).
Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.

During the initial meeting between the Complainant and the Title VII/IX Coordinator, the importance of taking these actions will be reiterated, if timely.

The College will provide counseling services without charge to a Complainant if the College determines that counseling is necessary as a part of its obligation to protect the Complainant while the investigation is ongoing. First responders shall consult with Complainants regarding what information needs to be withheld to protect each person’s identity. The College shall notify the Complainant of options to avoid contact with the Respondent and allow Complainant to change academic and extracurricular activities or Complainant’s living, transportation, labor, or workplace situation as feasible. The College shall ensure that the Complainant is aware of (a) the Complainant’s Title VII or Title IX rights, (b) any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and referrals to legal assistance, and (c) the right to report a crime to campus or local law enforcement. The College shall not dissuade a Complainant from filing a criminal complaint at any time before, during or after the College’s internal investigation.

c. Ongoing Assistance

Counseling, Advocacy and Support (On and Off Campus)
1. Counseling and support services for victims of Sexual Misconduct determined to be reasonably necessary by the College, whether a victim chooses to make an official report or participate in the College’s disciplinary process or criminal process, include:
  College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.
  
  College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.
  
  Ampersand Sexual Violence Resource Center: 1-800-656-4673
  
  Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367
2. Confidential counseling, advocacy, health, mental health, or sexual-misconduct-related sources, can be found both on and off campus as follows:
  College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.
  
  College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.
  
  Ampersand Sexual Violence Resource Center: 1-800-656-4673
  
  Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367
3. Ongoing support during the College’s disciplinary process or the criminal process (for complainants or respondents) can be found as follows:
  College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.
  
  College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.
  
  Ampersand Sexual Violence Resource Center: 1-800-656-4673
  
  Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367
Academic Accommodation and Other Supportive Measures
1. The College can provide immediate steps and interim measures to ensure the safety and well-being of both parties, such as no contact orders, the ability (for students) to change residence halls, labor schedules, alter academic schedules, withdraw from/retake a class without penalty, access academic support (e.g., tutoring) and (for faculty or staff) change workplace schedules/arrangements.
2. The College may be able to provide additional supportive measures for any party, such as no contact orders and (for students) changing the respondent's living arrangements, course schedule, or labor assignment or (for faculty or staff) changing workplace schedules/arrangements.

Section 4: Title VII/IX Coordinator

The President shall designate at least one employee to coordinate the College’s efforts to comply with and carry out responsibilities under this policy. The current Title VII/IX Coordinator is Joslyn Glover. The coordinator shall have knowledge of Title IX requirements, of the College's policies and procedures on sexual harassment and of all complaints of Title IX issues throughout the College. The College shall appropriately train the coordinator in all areas over which the coordinator has responsibility. The coordinator shall be informed of all reports and complaints regarding conduct prohibited by this policy, even if the report of complaint was initially filed with another individual or office. The Title VII/IX Coordinator shall have the same knowledge, training and responsibilities as concerns the College’s obligations under Title VII.

Section 5: Definitions

As used in this policy, the following phrases and words shall have the meanings set forth below:

Coercion - Unreasonable pressure for sexual activity, which can include use of express or implied threats of violence or other act of retaliation or other intimidating behavior that puts a person in immediate fear, to compel that person into sexual activity.

Complainant(s) – The person claiming to be a victim of Sexual Misconduct and, as appropriate, persons reporting Sexual Misconduct.

Consent - A knowing, voluntary, and clear permission by word or action to engage in sexual activity.

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset by both parties is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given at any time, as long as the withdrawal is reasonably and clearly communicated by word or action. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, it remains for the College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Consent is relationships must also be considered in context. When parties consent to bondage, discipline/dominance, submission/sadism, masochism (BDSM) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force violence, or even saying "no" may be part of the kink and thus consensual, so the College's evaluation of communication is kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Counseling Employees - Pastoral and professional counselors employed by the College in these roles who are licensed by the Commonwealth of Kentucky and other non-licensed employees working under the direct supervision and control of licensed professional counselors.

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. This definition does not include acts covered under the definition of Domestic Violence.

Domestic Violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under any applicable domestic or family violence laws, or (e) any other person against an adult or youth victim who is protected from that person’s acts under any applicable domestic or family violence laws.

Educational Setting - All of the College’s academic programs and other activities of whatever nature on the College’s campus, the College’s farms, forest, other property owned by the College and at every other location where the College conducts authorized programs or activities.

Force - The use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Incapacitation - A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. A Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. "Should have known" is an objective, reasonable person standard.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the "who, what, when, where, why, or how" of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual's state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restrain, and/or the consumption of incapacitating drugs.

Intimidation - The intentional act of coercing, threatening, or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will.

Hostile Environment - “Hostile Environment” means activity or conduct that is severe or pervasive and objectively offensive that it interferes with, limits, or effectively denies a person's ability to participate in or benefit from the College’s program or in their place of employment.

Non-Consensual Sexual Contact - Any physical touching of a sexual nature that is not preceded by consent or that continues after a previous consent is withdrawn.

Non-Consensual Sexual Intercourse - Any sexual intercourse that is not preceded by consent or which continues after a previous consent is withdrawn. “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue, or finger and oral copulation.

Required Reporters - All employees of Berea College (including all administrators, faculty, and staff, other than student labor).

Respondent - An individual who has been reported to be the perpetrator of conduct that could constitute a violation of this policy.

Retaliation - Any materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated in or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Sexual Exploitation - Taking non-consensual or abusive sexual advantage of another for one's own benefit or for the benefit of anyone other than the person being exploited, and conduct which does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include, but are not limited to:

Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed).
Invasion of sexual privacy.
Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person's consent), including the making or posting of revenge pornography.
Prostituting another person.
Engaging in sexual activity with another person while knowingly infected with a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection.
Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person's ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity.
Misappropriation of another person's identity on apps, websites, or other venues designed for dating or sexual connections.
Forcing a person to take an action against that person's will by threatening to show, post, or share information, video, audio, or an image that depicts the person's nudity or sexual activity.
Knowingly soliciting a minor for sexual activity.
Engaging in sex trafficking.
Creation, possession, or dissemination of child pornography.

Sexual Harassment - Unwelcome conduct of a sexual nature. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly as a requirement of employment or participation in a College program or activity, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment, grading or other College decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, academic, or campus environment.

The College recognizes two types of sexual harassment: quid pro quo (something for something) and hostile environment misconduct. Quid pro quo harassment occurs where sexual activity is sought in exchange for an actual, tangible job or academic benefit. In this policy, quid pro quo harassment differs from the Title IX Sexual Harassment Policy, because the respondent may be an employee or a student. Hostile environment misconduct takes place where the conduct is so frequent or severe it creates an environment in which an individual’s professional or academic performance is impaired or such person’s ability to function within the College community is hindered.

Sexual Misconduct - Any act of Sexual Harassment, Non-consensual Sexual Contact, Non-consensual Sexual Intercourse, Sexual Exploitation, Stalking, Dating Violence, Domestic Violence, or any act that creates a Hostile Environment or any act of retaliation against a Complainant or anyone involved in a grievance procedure under this policy.

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim.

Title IX Coordinator - The person designated as such by the President of the College or a person temporarily designated by the Title VII/IX Coordinator to serve in that capacity during the Title VII/IX Coordinator’s incapacity or absence from the College’s campus.

Section 6: Reporting Policies and Protocols

The College encourages victims of Sexual Misconduct to talk to somebody about what happened so victims can get the support they need and so that the College can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality:

Some employees (Counseling Employees) are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
All other employees (Required Reporters) are required to report all of the details of an incident (including the identities of both the complainant and respondent) to the Title VII/IX Coordinator. A report to these employees (called “Required Reporters”) constitutes a report to the College.

This policy is intended to make all persons, including students and their parents, if appropriate, aware of the various means of reporting and confidential policies available to them - so they can make informed choices about where to turn should they or their students become a victim of Sexual Misconduct and so they will know how to report any problems which may subsequently arise.

a. Reporting Required - All College faculty and staff must be aware of their own reporting responsibilities and the importance of informing Complainants of (1) the reporting requirements of Required Reporters, (2) the option to request confidentiality and available confidential advocacy, counseling, or other support service, and (3) the right to file a complaint with the College and to report a crime to campus or local law enforcement. All Required Reporters shall promptly report incidents of Sexual Misconduct to the Title VII/IX Coordinator, subject to the exemption for the College’s Counseling Employees.

b. Required Reporters - Required Reporters shall report to the Title VII/IX Coordinator all relevant details about the alleged Sexual Misconduct that the student or other person has shared and from which the College will need to determine what occurred and attempt to resolve the situation. Before a person reveals information that the person wishes to keep confidential, a Required Reporters should make effort to ensure that the victim understands: (1) the Required Reporter’s obligation to report the names of the alleged perpetrator and victim involved in the alleged Sexual Misconduct, as well as relevant facts regarding the alleged incident to the Title VII/IX Coordinator or other appropriate College officials, (2) the victim’s option to request that the College maintain the victim’s confidentiality which the College will consider, and (3) the victim’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. All Required Reporters shall report the names of the alleged perpetrator (if known), the person(s) who experienced the alleged Sexual Misconduct, others involved in the alleged Sexual Misconduct, as well as relevant facts, including the date, time and location to the Title VII/IX Coordinator. Required Reporters do not need to determine whether the alleged Sexual Misconduct actually occurred or if a Hostile Environment has been created before reporting an incident to the Title VII/IX Coordinator.

c. Requests for Confidentiality - Upon receipt of a complaint of Sexual Misconduct by the Title VII/IX Coordinator, the College must act immediately to protect the Complainant while keeping the identity of the Complainant as confidential as reasonably possible. The Title VII/IX Coordinator and other appropriate College personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The Coordinator shall evaluate requests for confidentiality and determine when such requests shall be honored. The coordinator shall make reasonable efforts to respect requests for confidentiality. In the event the College determines that it can respect the Complainant’s request for confidentiality, the College shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate, necessary, or possible. In the event the College determines it must disclose the Complainant’s identity to a Respondent, the College shall inform the Complainant prior to making the disclosure.

d. Reporting Options - Complainants may use any combination of the following options to report Sexual Misconduct:

1. Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the College is not involved in that process. Criminal complaints can be filed with the following agencies:

Berea City Police: 859-986-8456

Kentucky State Police: 859-623-2404

2. Institutional Complaint - Institutional complaints are filed with the College, and upon receipt of the complaint, the College will initiate an investigation by the College in accordance with this policy. If you wish to file an institutional complaint, you may file a complaint with the Title VII/IX Coordinator. The names and contact information for the College’s Title VII/IX Coordinator and assisting Title IX Officers are available at https://www.berea.edu/title-ix.

3. Report to Required Reporters - Reports made to Required Reporters, are required to be relayed to the College's Title VII/IX Coordinator and will initiate a prompt and appropriate response by the College in accordance with this policy. Required Reporters are identified in Section 5. Required Reporters can be found across campus. The Title VII/IX Coordinator is a Required Reporter, as are members of the Title IX team. You can report Sexual Misconduct to any Required Reporter.

4. Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, persons may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or to certain pastoral counselors. Reports to these persons are privileged and will remain confidential so long as the respondent does not represent an immediate threat to the campus community. Privileged and confidential reports may be made to:

Off-Campus Health Provider and Contact Information:

White House Clinic: 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services.

On-Campus Mental Health Care Provider and Contact Information:

Counseling Services: 859-985-3212 (on-campus, extension 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

Off-Campus Mental Health Care Provider and Contact Information:

Ampersand Sexual Violence Resource Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

On-Campus Pastoral Counselor and Contact Information:

College Chaplains (in the Campus Christian Center) – 859-985-3134 (on-campus, extension 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.

Reports of Sexual Misconduct may be made by third parties (individuals who were not the alleged victim or perpetrator) or anonymously to the Title VII/IX Coordinator or any other Required Reporter. To encourage reporting and participation in the process, the Title VII/IX Coordinator exercises discretion and does not report minor policy violations to other College offices - such as underage consumption of alcohol or the use of illicit drugs - related to the main incident being investigated. This does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.

Section 7: Investigation and Grievance Procedures

The College has adopted and published institutional procedures for the investigation and resolution of discrimination and other complaints, including complaints of Sexual Misconduct under this policy. These procedures are published online in the Student Handbook, Faculty Manual, and College Catalog. You can access the procedures here.

Section 8: Prevention and Education

This policy shall be accessible to persons with disabilities. This policy, reporting forms, information and training shall be accessible to students who are English language learners. This policy shall be distributed on campus in such a way that all persons, regardless of their immigration status, including undocumented students and international students, are aware of their rights under applicable law.

Bystander Intervention - The College shall utilize bystander intervention as a tool to prevent Sexual Misconduct. In implementing the bystander-focused prevention methods, the College shall implement the common components of bystander intervention and delivery methods.
Campus Assessments - The College shall conduct climate surveys. In addition, the College shall aggregate data about Sexual Misconduct incidents on campus to identify patterns or systemic problems related to Sexual Misconduct.

Section 9: Training

Student Training - The College shall provide training for students and/or student employees, which shall include: (a) encouragement to report incidents of Sexual Misconduct, (b) information on how to report Sexual Misconduct to campus safety or local law enforcement and the ability to pursue law enforcement proceedings simultaneously with a Title IX grievance, (c) general information on Sexual Misconduct Policy, (d) what constitutes Sexual Misconduct under the College’s policies, (e) the College’s definition of consent as applicable to sexual conduct, including examples, (f) information on when unwelcome sexual conduct creates a Hostile Environment, (g) places where students can seek confidential support services, (h) reporting and confidential disclosure options, (i) grievance procedures used to process complaints of Sexual Misconduct, (j) disciplinary code provisions relating to Sexual Misconduct as well as the consequences of violating those provisions, (k) effects of trauma on victims (l) the role alcohol and drugs often play in Sexual Misconduct incidents, including the deliberate use of alcohol and/or other drugs to perpetuate Sexual Misconduct, (m) strategies and skills for bystanders to intervene to prevent possible Sexual Misconduct, (n) protections against retaliation, (o) persons on campus to whom students can confidentially report incidents of Sexual Misconduct, (p) an explanation that students do not need to determine whether incidents of Sexual Misconduct created a Hostile Environment or actually occurred before reporting the incident, and (q) other information relevant to reducing or eliminating incidents of Sexual Misconduct and mitigating its effects.

Resident Advisers Training - The College shall provide the following training for Resident Advisers: (a) information on how and where students can seek confidential support services, (b) contact information for local rape crisis centers or other off-campus resources so that RAs can provide this information to students, and (c) reporting and other responsibilities for RAs.

Faculty and Staff Training - The College shall provide training, on an annual basis, for all faculty and staff about Sexual Misconduct and the prohibition of Sexual Misconduct, under this policy. Training shall include practical information about (a) how to prevent and identify Sexual Misconduct, including same-sex Sexual Misconduct; (b) behaviors that may lead to and result in Sexual Misconduct; (c) the attitudes of bystanders that may allow conduct to continue; (d) the potential for revictimization by responders and its effect on students or other victims; (e) appropriate methods for responding to a student or other victim who may have experienced Sexual Misconduct, including the use of nonjudgmental language; (f) the person(s) to whom such misconduct must be reported.

Special Training for Required Reporters - Required reporters are those employees defined in Section 5. Required reporters shall be trained so that they will know how to respond properly to Sexual Misconduct reports.

Special Training for Title VII/IX Coordinator and Others Involved in Grievance Procedure - The College shall require training for the Title VII/IX Coordinator, others who receive complaints, investigators, and grievance adjudicators

Special Training for Pastoral and Professional Counselors - The College advises pastoral and professional counselors to inform students:

Of their right to file a complaint with the College and a separate complaint with campus or local law enforcement.
They are available to assist the student in filing such complaints.
Title IX includes protections against retaliation.
The College officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.

Pastoral and professional counselors shall be trained to ensure that they understand the extent to which they may keep a report confidential and to avoid disclosing personally identifiable information.

Approved by Administrative Committee: March 31, 2015; April 7, 2015, September 29, 2020

Approved by General Faculty Assembly: April 7, 2015, November 18, 2020

Adopted by the Board of Trustees: April 18, 2015, January 23, 2021

Effective Date: August 1, 2015

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