Middlebury

Anti-Harassment/Discrimination Policy

General Provisions

  1. Introduction
  2. Definitions
  3. Retaliation
  4. Confidentiality

Procedures for Addressing Harassment and Discrimination

  1. In General
  2. Complaints
  3. Time Frames for the Investigation and Determination
  4. Appeals
  5. Alternative Dispute Resolution/Disposition Prior to a Final Determination
  6. Scope of Oversight
  7. Pending Discipline
  8. Emergency Withdrawal, Suspension or Dismissal
  9. Plans or Directives Issued by the Human Relations Officer
  10. Other Procedures
  11. The Human Relations Officer and Record Keeping

Policy on Sexual Relationships Between Faculty and Students

Intellectual Inquiry and Debate

Appendix A

Appendix B


 

A. General Provisions

1. Introduction

Middlebury College (“Middlebury”) is committed to maintaining a diverse and inclusive campus environment where bigotry and intolerance are unacceptable. Discrimination and harassment, including sexual harassment and sexual misconduct, and related retaliation, as defined by applicable law and the corresponding terms of this policy, are antithetical to Middlebury’s mission. Middlebury strictly prohibits conduct that constitutes unlawful discrimination and harassment, including sexual harassment and sexual misconduct, as well as related retaliation, as defined below. Middlebury will take reasonable and appropriate remedial action to prevent unlawful discrimination, harassment, sexual misconduct, and related retaliation, eliminate any hostile environment, prevent its recurrence, and correct its discriminatory effects on the complainant and others, if applicable.

Except as otherwise specified herein, this Anti-Harassment/Discrimination Policy applies to faculty, staff, and students, as well as to others who participate in Middlebury programs and activities, including the undergraduate college, the Language Schools, the Bread Loaf School of English, the Bread Loaf Writers’ Conference, Middlebury College Schools Abroad, and the Monterey Institute of International Studies (“the Institute”). Procedures for filing and resolving complaints of unlawful discrimination and harassment, including sexual harassment and sexual misconduct, and related retaliation in such programs are set forth in Section B below; however, where applicable law mandates different procedures and/or policies with respect to Middlebury programs outside Vermont, those procedures and/or policies will apply.

Middlebury does not discriminate on the basis of sex in its education programs and activities, and Title IX of the Education Amendments of 1972 as amended (“Title IX”), as well as applicable state law, requires that it not discriminate in such a manner. Prohibited sex discrimination includes sexual harassment and sexual misconduct (which includes sexual assault and inappropriate sexual conduct) as defined by Middlebury’s policies. The dean of the College is Middlebury’s Title IX coordinator, and is responsible for coordinating Middlebury’s efforts to comply with and carry out its responsibilities under Title IX (contact information is listed in Appendix A). The Title IX coordinator’s responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. Inquiries concerning the application of Title IX may be referred to the dean of the College or to the United States Department of Education Office for Civil Rights (contact information is listed in Appendix A). See also Middlebury’s Nondiscrimination Statement.

Middlebury has a separate Sexual Misconduct Policy that governs the behavior of all Middlebury College undergraduate students enrolled in classes on the Vermont campus when the alleged conduct occurs during the academic year, or when the alleged conduct occurs in the summer and neither the complainant nor the respondent(s) are participating in another Middlebury program. In all other cases, this Anti-Harassment/Discrimination policy applies to sexual misconduct complaints involving students, faculty and/or staff.

All members of the Middlebury community (faculty, staff, and students) have the right to pursue discrimination and harassment complaints, including sexual harassment and sexual misconduct complaints, and related retaliation, beyond Middlebury, utilizing local, state, or federal enforcement agencies, including local and state police agencies, as appropriate, regardless of whether they choose to file a complaint under this policy (see contact information in Appendix A). The agencies listed in Appendix A can conduct impartial investigations, and facilitate conciliation, and if an agency finds that there is probable cause or reasonable grounds to believe that unlawful harassment, discrimination, sexual misconduct, or retaliation has occurred, it may take the case to court.

There are certain time deadlines for the filing of complaints with state and federal agencies and/or state or federal court. Therefore, an individual who chooses to pursue harassment, sexual misconduct, discrimination, or retaliation charges beyond Middlebury’s procedures should contact these agencies or his or her attorney for further assistance (see Appendix A).

There are many resources available to individuals who are involved in some way with an incident of discrimination, retaliation, or harassment, including sexual harassment and sexual misconduct. Please see Appendices A & B for contact information and resources. See also the resources outlined at Sexual Assault Resources and Information. A student, faculty member or staff member who believes he or she may have experienced  sexual misconduct is encouraged to seek medical care and supportive counseling as soon as possible. (See resources and other information outlined at the above Web site, or in Appendix B, below.)

Faculty, staff or students found to have violated this Anti-Harassment/Discrimination Policy may be subject to the full range of disciplinary actions, as applicable, up to and including termination of employment, suspension, or expulsion.

2. Definitions

(i). Harassment

Harassment is defined as verbal, written, visual, or physical conduct based on or motivated by an individual's actual or perceived sex, sexual orientation, gender identity or expression, race, creed, color, place of birth, ancestry, ethnicity, religion, national origin, age, disability, 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:

a. undermining and detracting from or interfering with an individual's educational or work performance or access to College resources; or

b. 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 as defined and 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.

With respect to Middlebury programs operating in states other than Vermont (i.e. California, Nevada, New Mexico, and North Carolina), harassment shall be defined as stated in this section unless the state law applicable to the program at issue mandates a broader definition, in which case such law will apply.

(ii). Sexual Harassment

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:

a. submission to that conduct is made either explicitly or implicitly a term or condition of employment or educational status; or

b. 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.

(iii). Sexual Misconduct

Sexual misconduct and attempted sexual misconduct violate the rights of others, and demonstrate flagrant disregard for the principles of this community. Middlebury seeks to prevent all forms of sexual misconduct, and desires to establish and maintain a safe and healthy environment for all members of the community through sexual misconduct prevention, education, support, and a fair adjudication process. Use of alcohol or other drugs does not minimize or excuse a person’s responsibility for conduct that violates this policy.

Sexual harassment may also include sexual misconduct, as defined herein. Sexual misconduct may include sexual assault, inappropriate sexual conduct, or both. The definitions below are intended to provide clarity, and do not suggest that one behavior  is more severe or violating than the other.

Sexual Assault

Sexual assault occurs when a person engages in a sexual act, as defined in this subsection, with another person and compels that person to participate in a sexual act without consent; by threat or coercion; by placing the other person in fear that any person will suffer imminent bodily injury; by impairing substantially the ability of another person to appraise or control conduct by administering or providing drugs or intoxicants without the knowledge or against the will of the other person; or when a person is under the age of 16.[1]

A sexual act for purposes of this subsection is contact, including oral contact, with the genitals or anus of another person.

Sexual assault can be committed by any person against any other person, regardless of gender, gender identity, sexual orientation, or past or current relationship status. Sexual assault may occur with or without physical resistance or violence.

Inappropriate Sexual Conduct

Inappropriate sexual conduct includes unwelcome sexual conduct that does not constitute sexual assault as defined above but is sexually violating in nature. It includes but is not limited to the following:

  • Nonconsensual physical contact of a sexual nature. This includes intentional contact with the breasts, buttocks, groin, mouth, genitals, or contact of a sexual nature with any other body parts;
  • Sexually exploitative behavior. Examples include but are not limited to:
    • Capturing through any means images of sexual activity, sexually explicit images, or another’s nudity without consent, and/or sharing this material with others without all participants’ consent;
    • Viewing or allowing or aiding others to view sexual activity or another’s nudity without all participants’ consent.

Exception: This section is not intended to prohibit the use of sexually explicit materials that are reasonably related to Middlebury’s academic mission. Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.

Consent

Consent means words or actions, freely and actively given by each party, which a reasonable person would interpret as a willingness to participate in agreed-upon sexual conduct.

Consent is not valid when a person is incapable of giving consent due to the person’s use or consumption of drugs or alcohol; when intimidation,  threats, physical force, or other actions that a reasonable person would consider coercive are applied; when a physical or mental condition is present such that the person cannot knowingly or voluntarily give consent; or when a person has not achieved the age required for consent, as defined by state law.

Silence, non-communication, or a lack of resistance does not necessarily imply consent. 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.  Consent can be rescinded at any time.

The use of alcohol or drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct, or for determining whether another is capable of giving consent, as described above.

Capability to Give Consent
An objective standard will be used in determining whether a person is incapable of giving consent due to the person’s use or consumption of drugs or alcohol, or if a physical or mental condition as described above is present. That is, consent is not valid when:

(a)    From the standpoint of a reasonable person, the respondent knew, or reasonably should have known, that the person was incapable of giving consent due to the person’s use or consumption of drugs or alcohol, or that the person’s physical or mental condition would prevent knowing and voluntary consent; and
(b)    The person was, in fact, incapable of giving consent due to the person’s use or consumption of drugs or alcohol,  or the person was incapable of providing knowing or voluntary consent due to a physical or mental condition.  

Coercion
Coercion is defined as compelling someone to act by applying pressure, harassment, threats, intimidation, or other actions that a reasonable person would consider to be coercive.

iv. Discrimination

Middlebury complies with all applicable provisions of state and federal law which prohibit discrimination in employment, or in admission or access to its educational or extracurricular programs, activities, or facilities. Discrimination is defined as conduct directed at an individual based on his/her race, creed, color, place of birth, ancestry, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, marital status, service in the armed forces of the United States, positive HIV-related blood test results, genetic information, or against qualified individuals with disabilities on the basis of disability and/or any other status or characteristic as defined and to the extent protected by applicable law.

With respect to Middlebury programs operating in states other than Vermont (i.e. California, Nevada, New Mexico, and North Carolina), discrimination shall be defined as stated in this section unless the state law applicable to the program at issue mandates a broader definition, in which case such law will apply.

v. Human Relations Officer

The Human Relations Officer (“HRO”) is the administrator and Title IX designee responsible for coordinating training, overseeing investigations, and adjudicating complaints under this policy. In addition, the HRO may be called upon to adjudicate a case under Middlebury’s separate Sexual Misconduct policy under certain extraordinary circumstances (e.g., when it is not possible to convene the Sexual Misconduct Review Panel under that policy). Contact information may be found in Appendix A.

vi. Complainant

A complainant is usually an individual who has alleged a violation(s) of this policy. In some cases (e.g., cases in which a person involved in an incident of an alleged policy violation does not wish to participate in the process but Middlebury decides that the alleged misconduct needs to be addressed), Middlebury may serve as the complainant. In these cases, Middlebury may extend the full rights of the complainant as defined in this policy to affected parties as deemed appropriate by the HRO.

vii. Respondent

A respondent is an individual alleged to have violated this policy.

viii. Days

Unless otherwise noted, “days” indicates calendar days, regardless of whether the majority of Middlebury’s administrative offices are open. “Business days” indicates days on which the majority of Middlebury’s administrative offices are open, and generally connotes Mondays through Fridays.

3. Retaliation

Retaliating directly or indirectly against a person who has in good faith filed, supported, or participated in an investigation of a complaint of any type of discrimination, harassment, or sexual misconduct as defined above is prohibited. Retaliation includes but is not limited to ostracizing the person, pressuring the person to drop or not support the complaint or to provide false or misleading information, or engaging in conduct that may reasonably be perceived to affect adversely that person's educational, living, or work environment. Depending on the circumstance, retaliation may be unlawful, whether or not the complaint is ultimately found to have merit.

4. Confidentiality

People who have concerns about discrimination, harassment, or sexual misconduct 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 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 Middlebury 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 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, discrimination, and sexual misconduct protocols. Middlebury has an obligation to investigate complaints under this policy, however, and to take reasonable steps to prevent ongoing harassment, discrimination, sexual misconduct, and related retaliation (see below), so strict confidentiality may not be guaranteed.

If a complainant insists that his or her name or other identifiable information not be revealed, Middlebury will evaluate the request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students, staff, and faculty. Thus, Middlebury may weigh the request for confidentiality against the following factors: the seriousness of the alleged conduct, whether there have been other discrimination, harassment, sexual misconduct, or retaliation complaints about the same individual, and the extent of any threat to the Middlebury community.

Middlebury is also part of a larger community and context. If there is an independent investigation or lawsuit related to a harassment or retaliation matter, Middlebury officials, those involved in the investigation, or others may be required by law to provide documents, testimony, witness statements, investigation reports and related materials, and determinations issued under this policy. Even where all parties involved wish to maintain confidentiality, Middlebury may nevertheless need to intervene.


B. Procedures for Addressing Harassment and Discrimination

1. Reporting Requirements

All members of Middlebury’s community are expected to promote an environment free from prohibited harassment, including sexual harassment and sexual misconduct, discrimination, and retaliation.

Any faculty or staff member who learns of an incident of sexual misconduct, harassment, discrimination or related retaliation involving a student must report this information to Middlebury’s Human Relations Officer (see Appendix A for contact information), unless their status as a confidential resource precludes this disclosure. Confidential resources include the staff of the Parton Center for Health and Wellness, the staff of the Chaplain’s Office, or other medical, counseling, support or religious personnel and volunteers who are required by law to maintain confidentiality.

Employees with supervisory responsibility are expected to report incidents of discrimination, harassment, sexual misconduct, or retaliation, and take appropriate remedial action should such matters come to their attention. Supervisors should report any complaints or suspected acts of harassment, discrimination, sexual misconduct, or retaliation (even if they do not involve direct reports) to the HRO 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, discrimination, sexual misconduct, and/or retaliation, or pursuing complaints under the complaint procedures described here.

Failure to report or address harassment, discrimination, sexual misconduct, or retaliation complaints or suspected acts of harassment, discrimination, sexual misconduct, or retaliation appropriately in accordance with this section may be considered a violation of Middlebury’s policy.

2. Complaint Procedures

Any Middlebury student, faculty member or staff member who has reasonable cause to believe that discrimination or harassment, including sexual harassment and sexual misconduct, has occurred or is occurring, or who believes that a student, faculty member or staff member has been subjected to retaliation for having brought or supported a complaint of discrimination, harassment, or sexual misconduct, is encouraged to bring that information to the immediate attention of the HRO who is designated to receive such reports in the Middlebury program at issue.[2]

If the designated HRO is unavailable, or if the HRO has a conflict of interest, the report should be made to the designated alternate HRO for the program at issue. The alternate shall have the same authority as the designated HRO to process and investigate harassment, discrimination, sexual misconduct, and retaliation reports and complaints. Appendix A to this policy lists the names and contact information for offices and/or individuals serving as Human Relations Officers and alternate Human Relations Officers in Middlebury’s various programs and locations.

Middlebury encourages students, faculty and staff to report instances of unwelcome protected-characteristic-related conduct (including unwelcome conduct of a sexual nature) even if the conduct is not sufficiently severe such that it undermines and detracts from or interferes with an individual’s education, work performance, or access to Middlebury resources, or creates an intimidating, hostile, or offensive educational, work, or living environment. Middlebury encourages such reports so that the behavior can be addressed before it creates a hostile environment for the affected individual. In such instances, the HRO and/or other Middlebury officials, to the extent appropriate, will address the conduct in a manner that is reasonably calculated to prevent its reoccurrence.

When the HRO receives actual notice – i.e., a written or oral complaint or report directed to the HRO – of conduct that may constitute prohibited discrimination or harassment (including sexual harassment and sexual misconduct) or related retaliation as defined by this policy, Middlebury will initiate the following process, except as otherwise provided in subsection 5, below:

a. A copy of the policy will be provided to the complainant and the respondent. The HRO will promptly determine initially whether the report or complaint alleges conduct that is prohibited by this policy.

b. If the HRO determines that the report or complaint does fall within the scope of this policy, the HRO will, individually or in conjunction with other Middlebury offices or individuals (including, if warranted, independent investigators), promptly and equitably conduct or supervise an investigation that is appropriate under the circumstances. The investigation will be conducted in a prompt, thorough, fair, equitable, and impartial manner. The parties will not be permitted to personally question or cross-examine each other during the course of the investigation.

The investigator is authorized to contact any and all individuals; Middlebury recognizes, however, that individuals who are bound by legal privileges may not be able to disclose privileged information, unless an exception applies. The investigator is authorized to access relevant records, except those legally protected as confidential or privileged, and may collect any additional evidence relevant to the complaint. The nature and scope of the investigation is within the sole discretion of the investigator and/or the HRO.

The parties may retain legal counsel at any time, although legal counsel is not permitted to participate in Middlebury’s investigation and adjudication process. Attorneys who wish to communicate about a case may contact Middlebury’s legal counsel directly.

In student cases, if prior to or during the investigation the HRO becomes aware that additional Middlebury policies may have been violated, charges may be added to and resolved through this investigation and adjudication process. The decision to investigate and adjudicate other alleged policy violations is within the sole discretion of the HRO.

c. The HRO, vice president for academic affairs or designee (“VPAA”), Human Resources Department, vice president for Language Schools, Schools Abroad and Graduate Programs, dean of students, Commons dean(s), public safety staff, or other supervisory authority for the program at issue may also at any time take appropriate steps, including by way of example only, issuance of No Contact Orders,  temporary changes in assignment of duties or housing, changes in class schedules or class requirements, or other accommodations, as appropriate, to protect complaining parties on an interim basis.

d. After the investigation is completed, the investigator shall issue a report to the HRO, together with recommended findings, based on a preponderance of the evidence standard, i.e., whether it was more likely than not that the policy (or other Middlebury student conduct policies, if applicable) was violated. The report may be issued orally or in writing depending on the nature and complexity of the information.

e. The HRO is not bound by the investigator’s report. Rather, it is advisory to the HRO. The HRO may accept or reject the investigator’s recommended finding in whole or in part, and may request additional relevant information before making a determination. The HRO should avoid duplicating the efforts of the investigator, as well as accepting the investigator’s recommended finding without careful review of all of the evidence.

f. Either party may choose to meet individually with the HRO prior to the HRO’s determination. The HRO may also request an individual meeting with either party or any other person(s) as appropriate.

g. After review of the investigator’s report and recommended finding, the HRO shall issue a determination as to whether prohibited discrimination, harassment, sexual harassment, sexual misconduct and/or retaliation (or other Middlebury student conduct policies, if applicable) occurred. The HRO’s determination will be based on a preponderance of the evidence standard.

h.  If the HRO finds that a staff or faculty member has engaged in conduct that violates this policy the HRO will refer the matter to the appropriate supervisory authority  (i.e. the Middlebury College VPAA, the Institute’s provost or designee [“the Institute’s provost”], or the vice president for Language Schools, Schools Abroad, and Graduate Programs in the case of a faculty member, as applicable to the program at issue, and/or the Middlebury College Human Resources Department, or the Institute’s Human Resources Department, as applicable, in the case of a staff member). The supervisory authority may impose disciplinary action under existing policies and/or contracts, as applicable, up to and including termination of employment, or other action as deemed appropriate under the circumstances.

i. If the HRO finds that a student has engaged in conduct that violates this policy (or other Middlebury student conduct policies, if applicable), the HRO will refer the matter to the dean of students (undergraduate program) and/or the vice president for Language Schools, Schools Abroad and Graduate Programs (Language Schools, Schools Abroad, Bread Loaf programs), and/or the appropriate supervisory authority for the Institute, as applicable, for disciplinary action, up to and including expulsion from any or all Middlebury program(s) in which the student is enrolled or participating, or other action as deemed appropriate under the circumstances. If the conduct occurred during the course and scope of the student’s employment at Middlebury, the matter will be referred jointly to the Human Resources Department and the dean of Students (undergraduate program) or the vice president for Language Schools, Schools Abroad and Graduate Programs (Language Schools, Schools Abroad, Bread Loaf programs), or the appropriate supervisory authority for the Institute, as applicable, for disciplinary action up to and including termination of employment and expulsion from Middlebury, or other action as deemed appropriate under the circumstances (i.e. remedies applied to the respondent to address the needs of the complainant, including but not limited to room changes, class changes, building restrictions, extracurricular activity restrictions, modification of No Contact Orders to favor the complainant, and other actions to preserve the rights of the complainant to a discrimination-free environment).  Additional non-disciplinary outcomes, such as extending and modifying mutual No Contact Orders, may also be imposed regardless of the finding.

j. To the extent permitted by law, the complainant and respondent will be afforded the same rights and opportunities throughout the investigation and adjudication process, including the opportunity to present witnesses and other evidence. However, the decision to interview particular witnesses or consider evidence offered by the parties is within the sole discretion of the HRO and/or investigator.

k. The complainant and respondent will ordinarily be notified of the HRO’s determination as to whether there was a policy violation. In sexual harassment or sexual misconduct cases involving student complainants, both parties will be notified of the HRO’s determination concurrently in writing, to the extent permitted by law. However, information regarding discipline or sanctions will not be shared with any complainant under this policy except as permitted or required by law.

3. Time Frames for the Investigation and Determination

Absent extenuating circumstances, within five business days of receipt of a report or complaint under this policy, the HRO will determine initially whether the report or complaint alleges conduct that is prohibited by this policy.

Absent extenuating circumstances, the investigation of a report or complaint under this policy will ordinarily be completed within 45 days from the time a report or complaint is made to the HRO. This time period may be shorter or longer depending on the circumstances, including but not limited to the complexity of the case and the availability of witnesses. If either the complainant or respondent would like to request an extension of this time frame, a request  with a description of the reasons for the request should be directed to the HRO. The HRO will notify the other party, make a decision, and inform the parties and any other individual who needs to know, of that decision. If extenuating circumstances are present, the HRO may also decide independently to extend this general 45-day time frame, and will inform the parties, and any other individual who needs to know, of any such decision.

Absent extenuating circumstances, the HRO will issue a determination within 15 business days after receipt of the investigator’s complete report. The 15-day period may be extended if the HRO determines that further information or investigation is needed.

Absent extenuating circumstances, the appropriate supervisory authority or responsible official will issue a decision regarding discipline or other appropriate action, to the extent applicable, within 10 business days after the HRO issues a determination. In faculty or staff matters, this time period may be shorter or longer depending on the circumstances, including any contractual rights of the parties.

Middlebury will not wait for the conclusion of a criminal investigation or proceeding to begin its own investigation and resolve complaints under this policy. Middlebury will, however, comply with valid requests by law enforcement for cooperation in a criminal investigation. As such, Middlebury may need to delay temporarily an investigation under this policy while law enforcement is in the process of gathering evidence. Once law enforcement has completed gathering evidence, Middlebury will promptly resume and complete its investigation. Middlebury may also take interim measures to ensure the safety and well-being of the complainant and the school community while law enforcement is gathering evidence. 

4.  Appeals (Student Respondents)

In cases where the student is a respondent in a matter arising out of the undergraduate program, Schools Abroad, or the Institute, the complainant and respondent each has the right to appeal the determination of the HRO under the circumstances described below. The purpose of an appeal is to review the adjudication process.

Grounds

Appeals are accepted on the basis of one or more of the following:

  • discovery of significant new factual material not available to the HRO that could have affected the original outcome; however, deliberate omission of factual information by the appealing party is not a ground for an appeal;
  • procedural error where the error prevented fundamental fairness.

The right of appeal is only available to a respondent or complainant who participated in the investigative process.

Procedures

An appeal must be made in writing to the VPAA or the Institute’s provost, as applicable, within five business days of receipt of the HRO’s determination or within five business days of receipt of disciplinary action, if applicable, and must include the grounds for appeal and an outline of any supporting evidence. The Institute’s provost shall hear appeals arising out of the Institute’s programs. Appeals transmitted via e-mail will considered to be “in writing” for the purposes of this section.

The Middlebury official responsible for hearing the appeal (i.e., VPAA or the Institute’s provost as applicable) will invite an informational response to the appeal from the HRO and the other party (to the extent permitted by law), who may respond within five business days of the request. The Middlebury official may request assistance from the original investigator, or from a new investigator, or any other relevant individual, as necessary.

The Middlebury official may deny the appeal, or if either or both of the appeal grounds have been met, may:

  • return the case to the original HRO for reconsideration. It is the responsibility of the Middlebury official to determine which aspects of the case merit a new review, and to direct the HRO  accordingly; or
  • appoint an Alternate HRO to review the case.

Absent extenuating circumstances, the Middlebury official will notify the complainant and respondent of the appeal decision concurrently in writing within 30 calendar days, to the extent permitted by law, and will notify the HRO in writing of instructions for any further action.

All decisions by the Middlebury official and following a second review of the case are final, except in cases where the sanction is expulsion of a student. In cases of expulsion, the respondent may submit a final appeal to the president of Middlebury College or the president of the Monterey Institute of International Studies, as applicable, within five business days of written notification of the appeal outcome. In sexual harassment/sexual misconduct cases, the complainant may submit a response to the respondent’s final appeal within five business days thereafter, to the extent permitted by law. The president of Middlebury College or the president of the Institute, as applicable, may reduce the sanction, if warranted, after consultation with the HRO and the VPAA  or the Institute’s provost, as applicable. Absent extenuating circumstances, the president will inform the respondent of the final decision within thirty business days of receiving the appeal. In sexual harassment/sexual misconduct cases, both parties will be notified of the final decision concurrently in writing within 30 calendar  days of receiving the appeal, and the complainant’s response, if any, to the extent permitted by law.

5. Alternative Dispute Resolution/Disposition Prior to a Final Determination

At all stages of the investigation and determination processes, Middlebury officials, when appropriate, may make available to complainants alternative dispute resolution methods for resolving complaints. In assessing whether alternative dispute resolution is appropriate, Middlebury officials may consider factors such as, for example, (1) the nature of the allegations, (2) the agreement of the complainant and the respondent, (3) other relevant factors such as any disability of the complainant or the respondent, or any history of misconduct or other policy violations by the respondent. A complainant will not be required to engage in alternative dispute resolution and may end the alternative dispute resolution process at any time. If the complainant ends the alternative resolution process or if the process is either not appropriate or is unsuccessful, Middlebury officials shall continue to respond to the allegations in accordance with the policy.

Mediation between the complainant and the respondent will not be pursued in cases involving allegations of sexual assault.

If at any point before or during the investigation, a student respondent chooses to accept responsibility under this policy, the HRO may issue a determination and refer the matter to the appropriate supervisory authority for the program at issue (i.e. dean of students or Commons dean (undergraduate program), vice president for Language Schools, Schools Abroad and Graduate Programs (Language Schools, Schools Abroad and Bread Loaf Programs) or the appropriate supervisory authority for the Institute, as applicable. The supervisory authority may issue a sanction and/or take other action that is reasonably calculated to address the harassment or discriminatory conduct and prevent its recurrence.

6. Scope of Oversight

Students will be held accountable for policy violations that take place between the time they first arrive on campus to begin their Middlebury program and their graduation, or Middlebury’s confirmation of their resignation or expulsion. Conduct that takes place on or near Middlebury premises or property; occurs at or in connection with a Middlebury-related event; or occurs off-campus but may represent a threat to the safety of the Middlebury community or its members, the pursuit of its objectives, and/or the educational environment of others, may be subject to Middlebury’s disciplinary process. In cases where a student is found responsible for a policy violation while participating in any Middlebury program, the finding of responsibility may also be referred to the appropriate authority overseeing any additional Middlebury program in which the student is or will also be enrolled for other action as deemed appropriate. This may include but is not limited to: further investigation; additional adjudication under existing policies (using only information gathered in the first disciplinary process, or using subsequently gathered information, or both, as deemed appropriate by the overseeing authority); disciplinary action; or other remedies or processes deemed appropriate by the authority overseeing the additional Middlebury program.

7. Pending Discipline

A student will not be permitted to graduate while a disciplinary matter is pending; the student’s graduation will be held in abeyance until the matter is resolved. Nor will a student ordinarily be permitted to withdraw with a disciplinary matter pending.  If a student nevertheless withdraws with a disciplinary matter pending, the withdrawal will be considered a resignation from Middlebury, and the student will have given up the opportunity to return to Middlebury. Notation thereof will be made in the student's permanent file. In extraordinary circumstances, however, the appropriate supervisory authority may, after consultation with the HRO, a review of the case, and consideration of the interests of the complainant, Middlebury, and other impacted parties, grant permission for a student to withdraw from Middlebury when a disciplinary matter is pending. Should the student be readmitted, the disciplinary matter must be resolved either before the student's return, or immediately upon the student's return.

8. Emergency Withdrawal, Suspension, or Dismissal

Middlebury reserves the right, notwithstanding and apart from the procedures described above, on an emergency basis, to suspend, dismiss, or require to withdraw any student whose presence at Middlebury is determined by Middlebury authorities (e.g., the dean of the College; the dean of students, the vice president for Language Schools, Schools Abroad and Graduate Programs; or the appropriate supervisory authority for the Institute) to pose a danger to the Middlebury community or its members or to be unduly disruptive of College life, or who appears to be unwilling or incapable of effectively and/or safely participating in Middlebury’s academic or other programs and/or the residential life of the College. In cases of emergency suspension or required withdrawal, the conditions and procedures for readmission will be determined and communicated in writing to the student at the time of the student’s departure or shortly thereafter. 

9. Plans or Directives Issued by the Human Relations Officer

In any case in which a finding of harassment, discrimination, sexual misconduct, or retaliation has been issued, violation of a plan or directive to address the harassment, discrimination, sexual misconduct, or retaliation may be grounds for further discipline.

10. Other Procedures

All witnesses interviewed in connection with an investigation under this policy are expected to cooperate fully in the investigation by providing complete, accurate, and truthful information. This policy prohibits intentionally making a false report or providing false or misleading information in any investigation under this policy. Complainants will not be deemed to have provided false or misleading information under this policy if their factual allegations are intended to be truthful and are made in good faith, regardless of whether the conduct complained of is ultimately found to constitute a policy violation.

Witnesses may 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 investigation interview confidential. Failure to cooperate fully with the investigator or other Middlebury official (including but not limited to providing false information, as described above) may subject the employee or student to the full range of disciplinary actions available to the supervising authority or responsible official in accordance with the program’s existing policies and/or contracts, as applicable, up to and including termination of employment or suspension or expulsion from Middlebury.

This policy is available online at go/antiharassment. Printed copies of the policy are also available upon request at several Middlebury offices, including dean of the College, dean of students, Commons deans, dean of the Faculty, Public Safety, Human Resources, vice president for Language Schools, Schools Abroad and Graduate Programs, and the appropriate supervisory authority for the Institute. This policy may be amended from time to time; the policy published on Middlebury’s Web site should be consulted for any updates. The amended policy, as published through Middlebury’s Web site, shall supersede wholly any prior versions of the policy. Reasonable accommodations will be provided for persons with disabilities who need assistance in reviewing this policy and/or filing or pursuing a complaint under the policy, upon request.

A student may file a complaint of discrimination, harassment, including sexual harassment and sexual misconduct, or related retaliation relating to the conduct of the HRO with the dean of the College or the vice president for Language Schools, Schools Abroad, and Graduate Programs, or the appropriate supervisory authority for the Institute, as appropriate given the program at issue. Faculty and staff may file complaints relating to the conduct of the HRO with the associate vice president for Human Resources and Organizational Development. These officials may appoint an individual to serve as a special alternate HRO, as appropriate.

11. The Human Relations Officer and Record Keeping

The HRO will keep confidential records or reports under this policy 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. The HRO will track reports under this policy for statistical purposes and report to the President concerning the number, nature and disposition of such reports.

Information about the HRO is available at several college offices: Human Relations Office, dean of the College, dean of Students, Commons deans, dean of the Faculty, Public Safety, Human Resources, vice president for Language Schools, Schools Abroad and Graduate Programs, and the Institute’s director of Student Services.


C. Policy on Sexual Relationships Between Faculty and Students

The integrity and trust of the faculty-student relationship is central to Middlebury’s mission. 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/Discrimination Policy.


D. Intellectual Inquiry and Debate

Middlebury is a community of learners and as such recognizes and affirms that free intellectual inquiry, debate, and constructive dialogue are vital to Middlebury’s academic mission and must be protected even when the views expressed are unpopular or controversial. This Anti-Harassment/Discrimination 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 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.


[1] Where the law applicable to a particular Middlebury program mandates a different definition of sexual assault, the law will apply.

[2] Under Title IX, third parties are protected from sexual harassment and/or sexual misconduct arising out of Middlebury’s programs or activities. Thus, any third party who participates in any Middlebury College program or activity may report a complaint of sexual harassment or sexual misconduct under this policy, as applicable (see Section A.2., above). Also, the College will take appropriate action, to the extent practicable, in response to a report or complaint of sexual harassment and/or sexual misconduct by a student, faculty member, or staff member against a third party.

Amended and published on September 3, 2013; supersedes the College’s Anti-Harassment/Discrimination Policy dated August 31, 2012.


APPENDIX A

Administrative, Local, State, and Federal Contacts

 Title IX Coordinator*
Shirley M. Collado
Dean of the College
Middlebury College
Old Chapel
Middlebury, VT 05753
802.443.5382
scollado@middlebury.edu

Human Relations Officers**

Middlebury College (All Middlebury Programs)
Susan P. Ritter
Middlebury College
DKE 101 
Middlebury, VT 05753
802.443.3289
sritter@middlebury.edu

Alternate Human Relations Officer (All Middlebury Programs)
Laura Carotenuto
Middlebury College
Human Resources
Service Building
Middlebury, VT 05753
802.443.2012
lcaroten@middlebury.edu

Alternate Human Relations Officer (Middlebury Language Schools,
Schools Abroad, and Graduate Programs)
Elizabeth Karnes Keefe, Assistant Dean
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685
karnes@middlebury.edu

Alternate Human Relations Officers (Monterey Institute of International Studies)
Ashley Fera Arrocha (Title IX Coordinator Designee for the Institute)
Assistant Dean of Student Services
Office of Student Services
440 Van Buren Street
Monterey, CA 93940
831.647.4654
aarrocha@miis.edu

Michael Ulibarri
Human Resources Manager
Human Resources Department
460 Pierce Street
Monterey, CA 93940
831.647.6404
mulibarr@miis.edu

Language Schools and Graduate Programs Contacts
Michael E. Geisler
Vice President for Language Schools, Schools Abroad and Graduate Programs
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5275
geisler@middlebury.edu

Elizabeth Karnes Keefe, Assistant Dean
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685
karnes@middlebury.edu

Middlebury Summer Language Schools at Mills Contact
Sasha Miyamoto
Language Schools Administration
PMB 9972, 5000 MacArthur Blvd.
Oakland, CA 94613
510.430.2285
smiyamoto@middlebury.edu

Bread Loaf Writers' Conference Site Contacts
Michael Collier, Director
802.443.5286
collier@middlebury.edu

Bread Loaf School of English Site Contacts

Bread Loaf School of English (Vermont)
Emily Bartels, Director
Django Paris, Associate Director
Bread Loaf CPO                
4265 Ripton, Route 125
Middlebury, VT 05753
802.443.5418
ebartels@middlebury.edu

Bread Loaf School of English (North Carolina)
Stephen Donadio, Director
Karpen Hall, CPO #2130                
One University Heights, UNC Asheville
Asheville NC 28804
828.251.6603
sdonadio@middlebury.edu

For UNC employees:
Rusty Marts, Human Resources/Employee Relations for UNC Asheville
828.350.4589

Bread Loaf School of English (New Mexico)
Cheryl Glenn, Director
St. John's College
1160 Camino Cruz Blanca
Santa Fe, NM 87505
505.995.4083 (Office), 505.820.0410 (Home), 814.574.3333 (Cell)
cglenn@middlebury.edu

Bread Loaf School of English (Oxford)
Emma Smith, Director
Hertford College
Catte Street
Oxford OX1 3BW
United Kingdom
011.44.1865.279441 (from U.S.)
emma.smith@hertford.ox.ac.uk

Federal/State Agencies

VERMONT

U.S. Department of Education
Office for Civil Rights

8th Floor
5 Post Office Square
Boston, MA 02109-3921
Telephone: 617.289.0111
Facsimile: 617.289.0150
Email: OCR.Boston@ed.gov

Equal Employment Opportunity Commission
33 Whitehall Street, 5th Floor
New York, NY 10004
Phone: 1.800.669.4000 
Fax: 212.336.3790 
TTY: 1.800.669.6820

Middlebury Police
802.388.3191

Vermont State Police
802.388.4919

Vermont Attorney General’s Office, Civil Rights Unit
109 State Street
Montpelier, VT 05609-1001
802.828.3171
802.828.3665 (TTY)
civilrights@atg.state.vt.us

Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
800.416.2010, x25 (voice)
802.828.2481 (fax)
877.294.9200 (TTY)
human.rights@state.vt.us

CALIFORNIA

Office for Civil Rights
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco, CA 94105-1813
Telephone: 415.486.5555
Facsimile: 415.486.5570
Email: ocr.sanfrancisco@ed.gov

Equal Employment Opportunity Commission
350 The Embarcadero
Suite 500
San Francisco, CA 94105-1260 
Fax: 415.625.5609 
TTY: 1.800.669.6820

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

NORTH CAROLINA

Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-1475
Telephone: 202.453.6020
Facsimile: 202.453.6021
Email: OCR.DC@ed.gov

Equal Employment Opportunity Commission
Charlotte District Office
129 West Trade Street
Suite 400
Charlotte, NC 28202
Phone: 1.800.669.4000
Fax: 704.954.6410 and 704.344.6734 
TTY: 1.800.669.6820

NEW MEXICO

Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303.844.5695
Facsimile: 303.844.4303
Email: OCR.Denver@ed.gov

Equal Employment Opportunity Commission
3300 North Central Avenue
Suite 690
Phoenix, AZ 85012-2504 
Phone: 1-800-669-4000 
Fax: 602.640.5071 
TTY: 1.800.669.6820

505 Marquette Avenue, NW
Suite 900 - 9th Floor
Albuquerque, NM 87102 
Phone: 1.800.669.4000 
Fax: 505.248.5192 
TTY: 1.800.669.6820

Human Rights Division
New Mexico Department of Labor
1596 Pacheco Street, Suite 105
Santa Fe, NM 87505
505.827.6838

*Middlebury designates the dean of the College to coordinate its efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972 as amended (“Title IX”). In general, Title IX prohibits discrimination in educational programs on the basis of sex. Prohibited sex discrimination includes sexual harassment and sexual misconduct as defined in Middlebury’s Anti-Harassment/Discrimination and Sexual Misconduct policies. The Title IX coordinator’s responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

**The College’s human relations officer(s) serve as the Title IX Coordinator’s designees for the purposes of coordinating sexual harassment training and education and adjudicating complaints of sexual harassment, sexual misconduct, and retaliation complaints under this policy.

Appendix B

Resources

Introduction and General Information

On Middlebury's behalf, Mddlebury officials have several options that they can offer to a survivor of sexual harassment or sexual misconduct, including sexual assault and inappropriate sexual conduct, as appropriate to the circumstances, including:

i. discussion about options regarding different levels of addressing the conduct;

ii. assistance with pursuing a formal complaint as provided above;

iii. issuance of a no-trespass or no-contact order;

iv. referral to counseling and other support services;

v. academic allowances or changes in living arrangements; and

vi. assistance in notifying proper law enforcement authorities, which Middlebury will provide, if the student so chooses.

Reporting Sexual Harassment or Sexual Misconduct

To report a complaint of sexual harassment or sexual misconduct under Middlebury's Anti-Harassment/Discrimination Policy, contact the Human Relations Officer(s) for the program at issue, listed in Appendix A. You may also contact the Department of Public Safety at 802.388.5133. (Please see below for other resources available for all Middlebury programs).

Resources for Middlebury Programs in Vermont

Alternative Academic and Living Situations

Middlebury will change a complainant’s academic and/or living situation(s) if changes are requested and are reasonably available.

Confidential Health Care
Parton Center for Health and Wellness (Students Only)
Health Services
802.443.5135
Middlebury has a Sexual Assault Nurse Examiner (SANE) on staff at the Health Center. She has received specialized training to provide comprehensive care to survivors of sexual assault, including physical assessment and collection of forensic evidence using a Sexual Assault Evidence Kit ("Rape Kit"). Having evidence collected does not commit you to filing a complaint with Middlebury or charges with the police. It will allow you to preserve evidence while you take time to decide if you want to file a report and/or press charges. If you bathe, change clothes or otherwise alter your physical condition before having evidence collected, then you may be washing away valuable evidence. A lengthy delay in reporting may make evidence more difficult to collect.

To contact the SANE call 802.443.5135. After hours the phone message will direct you to the appropriate contact number, or you can call the Counseling Service of Addison County (CSAC) directly at 802.388.7641 and they will connect you with the SANE and other resources. The SANE is typically available 24-hours-a-day. When she is not available, please see the information under Porter Hospital Emergency Room below.

Care is provided to students at no cost. Lab tests, medical care, and medications provided by the Health Center will be paid for by the Vermont Center for Crime Victim Services at the student’s request.

These services are confidential and information is not shared without the student’s written permission, except in the limited circumstances described herein. Health care professionals are required to report to law enforcement authorities the sexual assault of a person under the age of 18, or where there is risk of immediate danger to self, others or property. Consequently, in some circumstances, providers may not be able – legally or ethically – to maintain confidentiality.

Counseling Services (Students Only)
802.443.5141
Short-term and crisis counseling is available for students who have been sexually assaulted or have had an upsetting sexual encounter. These services are confidential, except in the limited circumstances described herein. Mental health professionals are required to report to law enforcement authorities the sexual assault of a person under the age of 18, or where there is risk of immediate danger to self, others, or property. Consequently, in some circumstances, providers may not be able – legally or ethically – to maintain confidentiality.

When Parton Center for Health and Wellness is closed: call CSAC at 802.388.7641, and they will connect you with the appropriate resources.

Porter Hospital
802.388.4701

If the Health Center is closed, or if you prefer to seek treatment off campus, you may receive care at Porter Hospital’s Emergency Room. The Department of Public Safety can provide transportation, and it is not necessary to share information with them about the nature of your emergency.

Porter Hospital staff offers medical treatment and can collect physical evidence. There may be a Sexual Assault Nurse Examiner available, but this is not guaranteed. You may want to call in advance to request that a SANE be made available, if possible, before you come in. Please see the recommendations above under Parton Health Services regarding evidence collection.

College Chaplain
802.443.5626

The College chaplains are available to provide supportive confidential counseling of all kinds, faith-based or otherwise.

Counseling Service of Addison County (CSAC)
802.388.6751; after hours or in emergencies, call 802.388.7641

CSAC offers a wide range of professional mental health and developmental services designed to meet the needs of those seeking help. Their staff includes persons trained in developmental services, substance abuse treatment, psychiatry, psychology, mental health counseling, and social work. They provide emergency counseling 24 hours a day at the number above.  Services may be provided over the phone or in person.

Independent Counselors
In addition to CSAC, there are a number of independent counselors in Addison County with experience working with survivors of sexual assault. For assistance choosing a counselor, you can talk with any member of the Middlebury counseling staff or other individuals with whom you feel comfortable.

Employee and Family Assistance Program (for staff and faculty)
1.800.828.6025
The College's Employee and Family Assistance Plan provides confidential counseling and referral services to reduce stress and improve the quality of life for employees. The EFAP provides confidential assessment and referral services, and short-term counseling. The services of the EFAP are free to employees, up to the limits of the plan.  All assistance is confidential; no one at Middlebury College will know that an employee has used the EFAP.

Emergency and Non-crisis Support
Department of Public Safety
802.443.5911
The Department of Public Safety encourages any student, faculty, or staff who has been sexually assaulted to report this incident to their office. From a safety and investigatory standpoint, the sooner a sexual assault is reported, the better; even so, reports that are given in the weeks or months following an assault can be helpful too. Public Safety can help you to attend to your immediate needs, including transportation to Parton Center for Health and Wellness (students only), or the Porter Hospital Emergency Room. A request for assistance does not obligate you to make a report to Public Safety.

If you report a sexual assault to Public Safety, after your immediate needs have been attended to, you will be interviewed by a member of their staff and asked to share your account of what took place. You may indicate a gender preference of the staff member who interviews you if you wish. S/he may ask you additional questions to make sure all of the important details are recorded. The officer will take notes, and once they are typed up, you will be asked to review them for accuracy. You may choose to ask someone you trust to be present with you during this conversation; although reporting your experience can be empowering, it can also be difficult and upsetting. Your conversation with Public Safety can take place in their office at Harnest House, or a member of their staff may be willing to meet you in another confidential space on campus that feels more comfortable to you.

Also, upon receiving a report of sexual assault, Public Safety may alert the campus and community that a sexual assault has occurred if there is concern about further risk to others. The warning will be general and will not specify your name or other identifying information. Reports of sexual assault made to Public Safety will result in the notification of the sexual assault incident to the judicial affairs officer, human relations officer, the dean of students, and/or the Parton Center for Health and Wellness. Reporting a sexual assault to Public Safety does not commit you to pursuing a complaint. The Department of Public Safety, and the College, also encourage survivors to report any sexual assault to the Middlebury Police.

WomenSafe 24-Hour Hotline
1.800.388.4205; Office, 802.388.4205
Based in Middlebury, WomenSafe is a local non-profit organization providing crisis intervention, problem-solving assistance, safety planning, and emotional support to survivors of physical, sexual and/or emotional abuse, including female, male, and transgender members of the Middlebury community. They also provide medical and legal advocacy, and support groups for female survivors.

SafeSpace Vermont
866.869.7341 or 802.863.0003
SafeSpace, a service of the RU12? Community Center, provides information, support, referrals, and advocacy to lesbian, gay, bisexual, transgender, queer and questioning survivors of violence and offers education and outreach programs in the wider community. Support services include a hotline during established hours, direct advocacy, one-on-one support, and support groups.

RAINN(Rape, Abuse and Incest National Network)
1.800.656.HOPE [for men as well as women]
This comprehensive national resource includes a telephone and on-line hotline, and may be particularly helpful for male survivors of sexual assault.

Vermont Statewide Emergency Number
800.489.RAPE
This number will automatically connect the caller with the local Domestic Violence/Sexual Assault program.

For Victims with Disabilities: 800.489.7273
This number will automatically connect the caller with the local program for crisis intervention, peer counseling, court advocacy, information, referral and other services.

Middlebury Police or Vermont State Police
802.388-3191                   802.388-4919
Emergency: 911
You may also report an assault to the police. Assaults on campus should be reported to the Middlebury Police Department. Assaults occurring in Vermont, but outside the town of Middlebury, should be reported to the Vermont State Police. Assaults that occur outside of Vermont should be reported to the police department that serves the location where the assault took place.

Addison County State’s Attorney’s Office: 802.388.7931.

Resources for Middlebury College Programs Outside of Vermont

Please contact the Human Relations Officer or on-site administrator for further information pertaining to Middlebury programs elsewhere (Appendix A).

Monterey Institute of International Studies (Monterey, CA)

On campus
Office of Student Services
440 Van Buren Street
Monterey, CA 93940
831.647.4128

Campus Security
831.647.4153

Off Campus
Local Police Department

Monterey Police Department 
351 Madison Street Monterey, CA  93940
831.646.3914  
Emergency: Call 911

24-hour Hotlines
Monterey Rape Crisis Center

831.375.HELP or 831.424.HELP

Suicide Prevention and Crisis Hotline: 831.649.8008

YWCA domestic violence crisis line: 831.372.6300
57 Webster Street
Monterey, CA 93940 (men & women)

Community Hospital of the Monterey Peninsula (CHOMP)
Mental Health Crisis Line: 831.625.4623

Monterey County Social Services: 831.899.8001
1281 Broadway Ave.
Seaside, CA 93955

Domestic Violence Shelter for Women/Children: 408.649.0834
2115 N. Fremont Blvd.
Monterey, CA 93940

Medical Care & Emergency Rooms
Community Hospital of the Monterey Peninsula (CHOMP)
23625 Holman Highway
Monterey, CA 93940
831. 624.5311 or 888.45CHOMP

Salinas Valley Memorial Hospital
450 E Romie Lane
Salinas, CA  93901
831.757.4333

Planned Parenthood
625 Hilby Avenue
Seaside, CA 93955
831.394.1691

Planned Parenthood (Salinas)
316 N. Main St.
Salinas, CA 93901
831.758.8261

Counseling

Student Assistance Program:  Well Connect: 1.800.326-6142

Community Human Services Counseling and Recovery:  831.658.3811

Middlebury at Mills College
Mills College Public Safety
510.430.5555 (for emergency assistance)

Oakland Police Department
455 7th Street
Oakland, CA  94607
510.777.3211, cell phone emergency
Other (not an emergency): 510.777.3333, 510.238.3455
Emergency   9-1-1

Licensed Counselor
Thomas Zurfluh, Psy.D,
2154 Broderick Street, San Francisco, CA 94115
415.789.8383
thomas.zurfluh.psyd@gmail.com

Bay Area Women Against Rape (BAWAR)
BAWAR, the nation’s first rape crisis center, was formed in 1971. BAWAR provides free in-person counseling to survivors of sexual assault and their significant others. It also offers accompaniment to police, court and hospital, a 24-hour hotline, support groups, and community education.

24 hour free hotline: 510.845.RAPE (7273)
Office
: 510.430.1298
470 27th Street
Oakland, CA 94612, located within the Alameda County Family Justice Center (www.acfjc.org)

Almeida County/Sexual Assault Center
Highland Hospital Campus
1411 East 31st Street
Oakland, CA 94602
Hotline: 510.534.9290 or 510.534.9291
Business: 510.534.9291

San Francisco Women Against Rape (SFWAR)
SFWAR offers 1-to-1 peer counseling, support groups, a 24-hour support hotline, medical and legal advocacy, and referrals.
24 hour free hotline: 415.647.RAPE (7273)
Office: 415.861.2024
3542 18th Street, #7
San Francisco, CA 94110

Bread Loaf School of English (New Mexico)
Solace Crisis Treatment Center
6601 Valentine Way
Santa Fe, NM 87507
800.721.7273 (24 hour crisis advocacy hotline)
505.988.1951 

Christus St. Vincent Hospital
455 St. Michael's Drive
Santa Fe, NM 87505
505.913.3361
St. Vincent Hospital provides services such as thorough
medical examinations, prophylaxis, and evidence collection.

Santa Fe, New Mexico - Police Department
2515 Camino Entrada
Santa Fe, NM  87507
Mailing: P.O. Box 909
Santa Fe, NM  87504-0909
505.955.5033 or 505.955.5006
Non-emergency: 505.428.3710
Fax: 505.955.5052
Emergency: 9-1-1

Bread Loaf School of English (North Carolina)
UNC Asheville Campus Police
828.251.6710
You may call University Police to report a sexual assault incident. University Police are available 24/7 to assist you or transport you to Mission Hospital.

Mission Hospital
509 Biltmore Ave.
Asheville, NC 28801
828.213.1111
Mission Hospital provides services such as testing for sexually transmitted infections, pregnancy testing, prophylaxis, and evidence collection.

Our VOICE
Our VOICE serves all individuals in Buncombe County affected by sexual assault and abuse, through counseling, advocacy and education.

24 hour crisis line
828.255.7576
Asheville
828.252.0562
44 Merrimon Ave.
Suite 1
Asheville, NC 28801

Asheville, North Carolina - Police Department

100 Court Plaza, Asheville, NC, 28801
Mailing: P.O. Box 7148, Asheville, NC 28802
Non-emergency: 828.252.1110
Chief’s Office: 828.259.5885 / 259.5901
Chief's E-mail: wwood@ashevillenc.gov
Emergency: 911.