2.11 Middlebury College Anti-Harassment Policy
A. General Provisions
1. Introduction
Middlebury College is committed to maintaining a campus environment where bigotry and intolerance are unacceptable. Harassment, as defined by applicable law and the corresponding terms of this policy, is unlawful, and is antithetical to the mission of the College. Middlebury College strictly prohibits conduct that constitutes unlawful harassment, including sexual harassment.
Except as otherwise specified herein, this Anti-Harassment Policy applies to faculty, staff, and students, as well as to others who participate in Middlebury College programs and activities, including the undergraduate college, the Language Schools, the Bread Loaf School of English and Middlebury College Schools Abroad. Procedures for filing and resolving complaints of harassment in such programs are set forth in Section B below; however, where applicable law mandates different procedures and/or policies with respect to Middlebury College programs outside Vermont, those procedures and/or policies will apply.
Faculty, staff or students found to have violated this Anti-Harassment Policy may be subject to the full range of disciplinary actions, as applicable, up to and including termination of employment or expulsion from College academic programs.
2. Definitions
Harassment is defined as verbal, written, visual or physical conduct based on or motivated by a student’s or employee’s actual or perceived sex, sexual orientation, gender identity or expression, race, creed, color, place of birth, ancestry, ethnicity, religion, national origin, age, disability, a student’s marital status, or other characteristics as defined and protected by law in the location where a particular program is operating, that has the purpose or effect, from the point of view of a reasonable person, of objectively and substantially:
i. undermining and detracting from or interfering with an individual's educational or work performance or access to College resources; or
ii. creating an intimidating, hostile, or offensive educational, work, or living environment.
Harassment may include repeated slurs, or taunts in the guise of jokes, or disparaging references to others, use of epithets, stereotypes, comments, gestures, threats, graffiti, display, or circulation of written or visual materials, taunts on manner of speech, and negative reference to customs when such conduct is based on or motivated by one or more of the protected characteristics identified above, or other characteristics protected by applicable law.
In the College’s Vermont programs, harassment may also include conduct of the type described above that is based on or motivated by a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability, which has the type of purpose or effect described above.
Harassment may also include so-called quid pro quo sexual harassment, meaning unwelcome sexual advances, requests for sexual favors, and other verbal, written, visual or physical conduct of a sexual nature when:
i. submission to that conduct is made either explicitly or implicitly a term or condition of employment or educational status; or
ii. submission to or rejection of such conduct is used as a component of or as the basis for employment decisions (such as wages, evaluation, advancement, assigned duties or shifts) or educational/student life-related decisions (such as grades, class assignments, or letters of recommendation, or residence-related decisions) affecting an individual.
Examples of sexual harassment include, but are not limited to, the following:
- touching or grabbing a sexual part of a student’s or employee's body;
- touching or grabbing any part of a student’s or employee's body after that person has indicated, or it is known or reasonably should be known, that such physical contact was unwelcome;
- continuing to ask a student or employee to socialize on or off-duty when that person has indicated s/he is not interested;
- displaying or transmitting sexually suggestive pictures, objects, cartoons, or posters if it is known or reasonably should be known that the behavior is unwelcome;
- continuing to write sexually suggestive notes or letters if it is known or reasonably should be known that the person does not welcome such behavior;
- referring to or calling a person a sexualized name if it is known or reasonably should be known that the person does not welcome such behavior;
- regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or reasonably should be known that the person does not welcome such behavior;
- derogatory or provoking remarks about or relating to a student’s or employee's sex or sexual orientation;
- harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation.
3. Retaliation
Retaliating against a person who has filed or supported a good faith complaint of any type of harassment as defined above, including but not limited to ostracizing the person, pressuring the person to drop or not support the complaint, or adversely altering that person's educational, living, or work environment, is strictly prohibited by College policy and may be unlawful depending upon the circumstances, whether or not the harassment complaint is ultimately found to have merit.
4. Confidentiality
People who have concerns about harassment often ask for assurances about confidentiality.
In general, the law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional or religious advisor. The medical, mental health, and religious professionals at Middlebury College respect and protect confidential communications from students, faculty and staff to the extent they are legally able to do so. One of these professionals may have to breach a confidence, however, when he or she perceives an immediate and serious threat to any person or property. In addition, medical and mental health professionals are required by law to report any allegation of sexual assault of a person under 18.
General inquiries to College officials about policies or procedures, and conversations in which the alleged wrongdoer is not identified by name or by implication from the circumstances may remain private. In all cases, Middlebury College will endeavor to protect the privacy of individuals to the extent it can do so consistent with its obligations to adopt and implement anti-harassment protocols. The College has an obligation to investigate complaints of harassment, however, and to take reasonable steps to prevent ongoing harassment (see below), so strict confidentiality may not be guaranteed.
Middlebury College is also part of a larger community and context. If there is an independent investigation or lawsuit related to a harassment or retaliation matter, those involved or others may be required by law to provide documents or testimony. Moreover, even where all parties involved wish to maintain confidentiality, the College may nevertheless need to intervene.
B. Procedures for Addressing Harassment
1. In General
Faculty and staff in Middlebury College programs receive training on harassment and retaliation prevention and procedures. All members of the College community are expected to promote an environment free from prohibited harassment and retaliation. Employees with supervisory responsibility are expected to take steps to address and remediate harassment and retaliation should it come to their attention. Supervisors should report all complaints or suspected acts of harassment or retaliation (even if it does not involve direct reports) to the Human Relations Officer in accordance with Section 2, below, and/or to Human Resources. Depending upon the circumstances of a given situation, supervisors may be responsible for taking steps such as, by way of example but not limitation, addressing issues directly with staff, faculty, or students whom they supervise, facilitating informal resolution or mediation of issues, providing information on avenues to address questions of harassment and/or retaliation, or pursuing complaints under the complaint procedures described here. Failure of a supervisor to report or address harassment or retaliation complaints or suspected acts of harassment or retaliation appropriately may be considered a violation of College policy.
2. Complaints
Any Middlebury College student, faculty member or staff member who has reasonable cause to believe that harassment, including sexual harassment, has occurred or is occurring, or who believes that she or he has been subjected to retaliation for having brought or supported a complaint of harassment, is encouraged to bring that information to the immediate attention of the Human Relations Officer who is designated to receive such reports in the College program at issue. If the designated Human Relations Officer is unavailable, or if the Human Relations Officer has a conflict of interest, the report should be made to the designated alternate Human Relations Officer for the program at issue. The alternate shall have the same authority as the designated Human Relations Officer to process and investigate harassment and retaliation reports and complaints. Appendix A to this policy lists names and contact information for offices and/or individuals serving as Human Relations Officers and alternate Human Relations Officers in the College’s various programs and locations.
(I). Faculty/Staff
When the Human Relations Officer receives actual notice – i.e., a written or oral complaint directed to the Human Relations Officer – of conduct that may constitute prohibited harassment of or retaliation against a staff or faculty member committed by a student, staff or faculty member, the College will initiate the following process:
a. The Human Relations Officer will determine initially whether the report or complaint alleges conduct that is prohibited by this policy.
b. If the Human Relations Officer determines that the report or complaint does fall within the scope of this policy, she or he will, individually or in conjunction with other College offices or individuals, conduct or supervise an investigation of the report or complaint that is appropriate under the circumstances.
c. The Human Relations Officer will then work with College offices that have authority over the individuals involved in the matter, and the College will promptly take any necessary and appropriate remedial action.
d. If the Human Relations Officer finds that a staff or faculty member has engaged in harassment or retaliation against another staff or faculty member, the Human Relations Officer will refer the matter to the appropriate supervisory authority and/or the Human Resources Department for disciplinary action, up to and including termination of employment, or other action as deemed appropriate under the circumstances. If the Human Relations Officer finds that a student has engaged in harassment or retaliation against a staff or faculty member, the Human Relations Officer will refer the matter to the Dean of the College (undergraduate program) or the Vice President for Language Schools, Study Abroad and Graduate Programs (other programs) for disciplinary action, up to and including dismissal from the College program at issue, or other action as deemed appropriate under the circumstances.
(II). Students
When the Human Relations Officer receives actual notice – i.e., a written or oral complaint directed to the Human Relations Officer – of conduct that may constitute prohibited harassment of or retaliation against a student committed by a student, staff member or faculty member, the College will initiate the following process:
a. A copy of this policy will be provided to the complainant and the person alleged to have engaged in harassing and/or retaliatory conduct.
b. If the complaint is oral, the Human Relations Officer or appropriate staff member will assist the complainant in reducing the complaint to writing, including the time, place, and nature of the conduct, and the identity of the participants and the complainant.
c. The Human Relations Officer will, within one business day of receiving the written complaint, commence an initial investigation to determine, within five business days, whether there is cause to believe that prohibited harassment and/or retaliation has occurred or is occurring (unless special circumstances warranting additional time are present and documented).
d. The Human Relations Officer may also at any time take appropriate steps, including by way of example only, issuance of no contact orders or temporary changes in assignment of duties, to protect complaining parties on an interim basis.
e. If the Human Relations Officer’s initial investigation results in a finding that there is cause to believe that harassment or retaliation has occurred or is occurring, the Human Relations Officer shall promptly appoint a fact finder, who shall conduct or continue an investigation and provide a report to the Human Relations Officer in sufficient time for the Human Relations Officer to make a final determination within thirty (30) days of the fact finder’s appointment. However, if the Human Relations Officer’s initial investigation results in a finding that harassment or retaliation has occurred or is occurring (such that further fact-finding would be unnecessary), the Human Relations Officer has the discretion to issue a final determination without the appointment of another fact finder.
f. If the Human Relations Officer’s initial investigation results in a finding that there is not cause to believe that the conduct complained of occurred, or, if it occurred, did not constitute prohibited harassment or retaliation under this policy, the complaining party may nevertheless request that the Human Relations Officer appoint a fact finder to conduct an investigation as described above. If the Human Relations Officer’s initial investigation results in a finding that harassment or retaliation has occurred or is occurring (such that further fact-finding would be unnecessary) and the person complained against disputes this finding, the person complained against may nevertheless request that the Human Relations Officer appoint a fact finder to conduct an investigation as described above.
g. The Human Relations Officer shall receive the report of the fact finder and complete a review of a matter referred under subsection e. or f. and make a final determination within thirty (30) days of the referral (unless special circumstances warranting additional time are present and documented).
h. If review of a matter referred under subsection e. or f. results in a finding by the Human Relations Officer that prohibited harassment or retaliation has occurred or is occurring, both the complainant and the person who engaged in the prohibited conduct shall be advised of a plan to address the conduct and to prevent harassment and/or retaliation from continuing. The plan may include, by way of example only and as appropriate in a given case, such measures as required attendance at anti-harassment training, reassignment of housing, and academic accommodations. If the Human Relations Officer finds that a staff or faculty member has engaged in harassment of or retaliation against a student, the Human Relations Officer will refer the matter to the appropriate supervisory authority and/or the Human Resources Department for disciplinary action, up to and including termination of employment, or other action as deemed appropriate under the circumstances. If the Human Relations Officer finds that a student has engaged in harassment of or retaliation against a student, the Human Relations Officer will refer the matter to the Dean of the College (undergraduate program) or the Vice President for Language Schools, Study Abroad and Graduate Programs (other programs) for disciplinary action, up to and including dismissal from the program at issue, or other action as deemed appropriate under the circumstances.
i. In cases arising in Vermont, a student who is dissatisfied with the decision of the College or with the adequacy of the College’s response to harassment or retaliation, may by written request to the Dean of the College (for matters related to the undergraduate program) or the Vice President for Language Schools, Schools Abroad, and Graduate Programs (for other College programs, as appropriate given the College program at issue), ask for independent review. The Dean or Vice President will initiate independent review by a neutral person selected from a list developed jointly by the Vermont Commissioner of Education and the Vermont Human Rights Commission. The costs of the independent review shall be borne by the College. The College may request an independent review at any stage of the process.
The independent reviewer does not conduct a second investigation. The review focuses on the College’s response to the complaint of harassment, considering the adequacy of the investigation that was conducted and not the outcome of the investigation (i.e. whether or not the conclusion was correct as to whether harassment occurred). The independent review shall consist of an interview of the student and relevant College officials and a review of any written materials from the College’s investigation. The independent reviewer shall be considered an agent of the College for the limited purpose of being able to review confidential student records. During the independent review, the College’s determination and all actions taken by the College in response to the harassment complaint shall remain in full force and effect.
Upon completion of the independent review, the reviewer shall advise the student and College officials in writing (1) as to the sufficiency of the College’s investigation, its determination, and/or the steps taken by the College to correct any harassment found to have occurred, and (2) of recommendations of any steps the College might take to prevent further harassment from occurring. The reviewer shall advise the student of other remedies that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution.
III. Alternative Dispute Resolution
At all stages of the investigation and determination processes, College officials, when appropriate, may make available to complainants alternative dispute resolution methods, such as mediation, for resolving complaints. In assessing whether alternative dispute resolution is appropriate, College officials may consider factors such as, for example, (1) the nature of the accusations, (2) the agreement of the complainant and the accused individual, (3) other relevant factors such as any disability of the complainant or the accused, or any history of repeated misconduct/harassment of the accused individual. If an alternative dispute resolution is either not appropriate or is unsuccessful, College officials shall continue the investigation in accordance with the timelines established in the policy.
IV. Plans or Directives Issued by the Human Relations Officer
In any case in which the Human Relations Officer has made a finding of harassment or retaliation, violation of a plan or directive issued by the Human Relations Officer to address the harassment or retaliation may be grounds for further discipline.
V. Other Procedures
The decision of the Human Relations Officer with respect to factual determinations shall be final except as otherwise stated in Section B.2. II. i., above.
All witnesses interviewed in connection with a harassment or retaliation investigation are expected to cooperate fully in the investigation by providing complete, accurate, and truthful information. Such witnesses may also be expected to sign statements or other documents memorializing the information provided in the course of the investigation and may be asked to keep the substance of the interview confidential. Failure to cooperate fully with the investigator may subject the employee or student to the full range of disciplinary actions, as applicable, up to and including termination of employment or suspension or expulsion from the College.
Students, faculty, and staff in all instances have the option to pursue harassment or retaliation charges beyond the College, utilizing local, state, or federal enforcement agencies as appropriate, regardless of whether they choose to file a complaint on campus. The following agencies may be able to offer assistance in Vermont; students, faculty and staff at Middlebury programs in other locations may contact their Human Relations Officer for similar resources in their area (see Appendix A attached hereto for contact information):
Vermont Attorney General's Office, Civil Rights Unit
109 State Street, Montpelier, VT 05609
(802) 828-3657 or 888-745-9195 (toll free in Vermont) or (802) 828-3665 (TTY)
www.atg.state.vt.us
Equal Employment Opportunity Commission , Boston Area Office
One Congress St.,10th Floor, Room 1001,Boston, MA 02114
(800) 669-4000 or (617) 565-3200 (voice),
(800) 669-6820 or (617) 565-3204 (TTY)
www.eeoc.gov
Office for Civil Rights/Boston, U.S. Department of Education
33 Arch Street, Suite 900, Boston, MA 02110
(617) 289-0111
www.ed.gov/ocr
Vermont Human Rights Commission
135 State Street, Drawer 33
Montpelier, VT 05633-6301
(802) 828-2480 (phone and TTY)
(800) 416-2010 (toll free in Vermont only)
877-294-9200 (TTY)
www.hrc.state.vt.us
There are certain time deadlines for the filing of complaints with the above state and federal agencies and/or state or federal court. Therefore, an individual who chooses to pursue harassment or retaliation charges beyond the College’s procedures should contact these agencies or his or her attorney for further assistance.
Each agency listed above can conduct impartial investigations, facilitate conciliation, and if it finds that there is probable cause or reasonable grounds to believe that unlawful harassment or retaliation has occurred, it may take the case to court.
Copies of this policy will be provided to all Middlebury College program faculty, staff and students. Printed copies of the Anti-Harassment Policy are also available at several College offices, including Vice President for Language Schools, Schools Abroad and Graduate Programs, Dean of the Faculty, Human Resources, Institutional Diversity, and Public Safety. This policy is available on the Middlebury College Web site: http://go.middlebury.edu/anti-harassment. This policy may be amended from time to time; the web site referenced above should be consulted for any updates. The amended policy, as published through the College’s web site, shall supercede wholly any prior versions of the policy. Reasonable accommodations will be provided for persons with disabilities who need assistance in filing or pursuing a complaint of harassment or retaliation, upon request.
A student may file a complaint of harassment or retaliation relating to the conduct of the Human Relations Officer with the Dean of the College or the Vice President for Language Schools, Schools Abroad, and Graduate Programs, as appropriate given the program at issue. Faculty and staff may file complaints relating to the conduct of the Human Relations Officer with the Associate Vice President for Human Resources and Organizational Development.
VI. The Human Relations Office and Record Keeping
The Human Relations Officer will keep confidential records or reports of harassment and the actions taken in response to those reports, and use them for purposes such as to identify individuals or departments likely to benefit from training. No identifying information will be retained in cases where the individual accused was not informed that there was a complaint.
The Human Relations Officer will track reports of harassment for statistical purposes and report to the President concerning the number, nature and disposition of such reports.
The Human Relations Officer is appointed by the President. Information about harassment and the Human Relations Officer is available at several college offices: Dean of the College, Dean of the Faculty, Human Resources, Commons, Institutional Diversity, Public Safety, and on the web at www.middlebury.edu/campuslife/diversity/hro or http://go.middlebury.edu/hro.
C. Policy on Sexual Relationships Between Faculty and Students
The integrity and trust of the faculty-student relationship is central to the mission of Middlebury College. A sexual relationship between a faculty member and a student for whom he or she has current direct academic or other professional responsibilities violates the standards articulated by the American Association of University Professors. It undermines – in fact or by perception -- the integrity of the evaluative process as well as the trust, respect and fairness essential to the educational environment. Such relationships are inappropriate and members of the faculty are expected to avoid them and the potential conflicts of interest, favoritism, or bias they may bring about.
Faculty should be aware that a seemingly consensual sexual relationship with a student may nevertheless meet the legal definition of sexual harassment, as lack of mutual consent may be inferred from the power differential in faculty-student relationships. In addition, where a faculty member’s relationship with a student has, on the basis of sex, the purpose or effect of substantially interfering with the work or academic performance of other persons, or creates, on the basis of sex, an intimidating, hostile, or offensive working, living, or educational environment, the faculty member’s conduct may constitute a violation of the College’s Anti-Harassment Policy.
D. Intellectual Inquiry and Debate
Middlebury College is a community of learners and as such recognizes and affirms that free intellectual inquiry, debate, and constructive dialogue are vital to the academic mission of the College and must be protected even when the views expressed are unpopular or controversial. This Anti-Harassment Policy statement is meant neither to proscribe nor to inhibit discussions, in or out of the classroom, of complex, controversial, or sensitive matters, including sex, sexual orientation, gender identity or expression, race, color, ethnicity, religion, marital status, place of birth, ancestry, national origin, age, or disability, when in the judgment of a reasonable person they arise appropriately and with respect for the dignity of others. Middlebury College also recognizes that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry, and learning. Such abuses are unacceptable. The "reasonable person standard" is to be used in judging whether harassment has occurred.
Amended on June 9, 2009; supercedes the College’s Anti-Harassment Policy dated October 28, 2008.
APPENDIX A
Middlebury College (Undergraduate Program)
Susan P. Ritter, Esq.,
Human Relations Officer
Middlebury College
McKinley House
422 S. Main Street
Middlebury, VT 05753
802.443.2246
Alternate Human Relations Officer (All Middlebury Programs)
Laura Carotenuto
Alternate Human Relations Officer
Middlebury College
Human Resources
Service Building
Middlebury, VT 05753
802.443.2012
Middlebury Summer Language Schools (Vermont)
Elizabeth Karnes Keefe
Human Relations Officer
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685
Middlebury Summer Language Schools at Mills College
Laura Wineland
Human Relations Officer
5000 MacArthur Blvd.
Oakland CA 94613
510.430.2284
California Agencies:
Office for Civil Rights
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone: 415.486.5555
Equal Employment Opportunity Commission
350 The Embarcadero
Suite 500
San Francisco, CA 94105-1260
Phone: 1-800-669-4000
Department of Fair Employment and Housing (DFEH)
Department of Fair Employment and Housing
Oakland District Office
1515 Clay Street, Suite 701
Oakland, CA 94612
Telephone: (510) 622-2941
Bread Loaf School of English
Bread Loaf Writers' Conference
Elizabeth Karnes Keefe
Human Relations Officer
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685
On-Site Contacts:
Bread Loaf School of English/ (Vermont)
James Maddox, Director
Emily Bartels, Associate Director
Bread Loaf CPO
4265 Ripton 125
Middlebury, VT 05753
802.443.5418
Bread Loaf School of English (North Carolina)
Tilly Warnock, Director
Karpen Hall #213, CPO #2130
One University Heights, UNC Asheville
Asheville NC 28804
828.251.6603
North Carolina Agencies:
Office for Civil Rights
U.S. Department of Education
1100 Pennsylvania Ave., N.W. Rm. 316
P.O. Box 14620
Washington, D.C. 20044-4620
Phone: 202.786.0500
Equal Employment Opportunity Commission
Charlotte District Office
129 West Trade Street
Suite 400
Charlotte, NC 28202
Phone: 1.800.669.4000
Bread Loaf School of English (New Mexico)
Cheryl Glenn, Director
St. John's College
1160 Camino Cruz Blanca
Santa Fe, NM 87505
505.995.4084
New Mexico Agencies:
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
303.844.5695
Equal Employment Opportunity Commission
505 Marquette, NW
Suite 900 – 9th Floor
Albuquerque, NM 87102
1.800.669.4000
Bread Loaf School of English (Oxford)
John Fyler, Director
Lincoln College
Oxford OX1 3DR
United Kingdom
011.44.1865.279019