Middlebury

Anti-Harassment/Discrimination Policy

Anti-Harassment/Discrimination Policy

A. General Provisions

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

B. Procedures for Addressing Harassment, Discrimination and Related Retaliation

  1. Reporting Requirements for Staff and Faculty
  2. Complaint Procedures
  3. Time Frames for the Investigation and Determination
  4. Appeals
  5. Alternative Dispute Resolution/Disposition Prior to a Final Determination
  6. Scope of Oversight (Students)
  7. Pending Discipline (Students)
  8. Emergency Withdrawal, Suspension or Expulsion (Students)
  9. Plans or Directives Issued by the Human Relations Officer
  10. Other Procedures
  11. The Human Relations Officer and Record Keeping

C. Policy on Sexual Relationships Between Faculty and Students

D. Intellectual Inquiry and Debate

Appendix A (Contact Information)

Appendix B (Resources)

Appendix C (Title IX Coordinator)


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 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, as well as related retaliation, as defined below. Middlebury will take reasonable and appropriate remedial action to prevent unlawful discrimination, harassment, 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 School of the Environment, MiddCore, Bread Loaf School of English, 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 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, Domestic Violence, Dating Violence and Stalking policy, which applies to all students, faculty and staff in all Middlebury programs. The policy is available at: http://www.middlebury.edu/about/handbook/misc/sexual_misconduct_dv_stalking. Printed copies are also available upon request at a number of 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 or other Middlebury program.

All members of the Middlebury community (faculty, staff, and students) have the right to pursue discrimination and harassment complaints, including sexual harassment 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, 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, individuals who choose to pursue harassment, discrimination, or retaliation charges beyond Middlebury’s procedures should contact these agencies or their 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. Please see Appendices A & B for contact information and resources.

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

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 Middlebury 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 Middlebury’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 (e.g., California, Nevada, New Mexico, Rhode Island and Washington, D.C.), harassment shall be defined as stated in this section unless the local law applicable to the program at issue mandates a broader definition, in which case such law will apply.

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.

Other 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.

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 (e.g., California, Nevada, New Mexico, Rhode Island, and Washington D.C.), discrimination shall be defined as stated in this section unless the local law applicable to the program at issue mandates a broader definition, in which case such law will apply.

Human Relations Officer

The Human Relations Officer (“HRO”) is the administrator responsible for coordinating training, overseeing investigations, and adjudicating complaints under this policy. The HRO is also the Title IX Coordinator’s designee responsible for overseeing investigations and adjudicating sexual harassment complaints under this policy, as well as sexual misconduct complaints under Middlebury’s separate Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking, in accordance with the procedures stated therein. Contact information may be found in Appendix A.

Title IX Coordinator

The dean of the College serves as Middlebury’s Title IX Coordinator for the purposes of coordinating Middlebury’s efforts to comply with and carry out its responsibilities under Title IX. The Title IX Coordinator’s responsibilities include overseeing the process for handling all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. For more information see Appendix A and Appendix C.

Complainant

A complainant is usually an individual who has alleged a violation(s) of this policy. In some cases (such as, 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 or may pursue an investigation and adjudication under this policy without a designated 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.

Respondent

A respondent is an individual whose alleged conduct is being investigated to determine if it is in violation of this policy or other Middlebury policies, if applicable. See also Scope of Oversight and Pending Discipline at the end of this policy for more information.

Confidential Resources

Confidential resources include the staff of the Parton Center for Health and Wellness, the staff of the Chaplain’s office, Middlebury Safe and Confidential Advocates (“MiddSafe”[1]) or other medical, counseling, support or religious personnel and volunteers who are required by law to maintain confidentiality. For more information, see Section “4. Confidentiality,” below. 

No Contact Order

When harassment or other forms of interpersonal misconduct have been alleged, or when otherwise deemed appropriate under the circumstances, the dean of the College, dean of students, Commons deans, JAO, HRO, Public Safety staff, or appropriate supervisory authority for the program at issue may issue No Contact Orders to the persons involved, whether or not disciplinary action is taken. A No Contact Order is used to restrict encounters between individuals. While a No Contact Order in and of itself does not constitute discipline and will not appear in an employee’s personnel file or on a student’s disciplinary record, refusal to adhere to the order after written or verbal notification of its terms is prohibited and may result in disciplinary action.

No Trespass Notice

A No Trespass Notice prohibits the presence of an individual on Middlebury property, or other properties on which Middlebury programs are occurring. No Trespass Notices are legally enforceable and may lead to the arrest of individuals in violation.

Relief from Abuse Orders, Protection Orders, Restraining Orders

In the United States, a relief from abuse order, also called a protective order or restraining order, is a court order that is designed to stop violent, harassing and threatening behavior. It can also stop the respondent from any contact or communication with the complainant, and protect the complainant and the complainant’s family members, as appropriate, from the respondent. Relief from Abuse Orders may be awarded by courts in the United States on a temporary basis, in which case they are instituted by a judge immediately and reviewed within approximately two weeks through a court hearing process for consideration to be instituted permanently. Similar resources may exist in the other countries in which Middlebury operates programs. For more information, please see Appendix C.  

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 made a report under this policy or participated in an investigation of a complaint of any type of discrimination or harassment 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, threatening, intimidating, or coercing the person, or otherwise discriminating against any person for exercising their rights or responsibilities under this policy. Depending on the circumstances, retaliation may also be unlawful. Retaliation under this policy may be found whether or not the complaint is ultimately found to have merit. Complaints of retaliation should be reported under the procedures described below.

4. Confidentiality

People who have concerns about discrimination, harassment, or related retaliation often ask for assurances about confidentiality. Middlebury encourages individuals to report incidents of discrimination, harassment and related retaliation so that they can obtain support and information and so that Middlebury can respond appropriately. Certain Middlebury employees may maintain confidentiality, but most cannot. Although strict confidentiality may therefore not be guaranteed, in all cases Middlebury will handle information in a sensitive manner and will endeavor to protect the privacy of individuals to the extent it can do so consistent with its obligations to respond to reports of discrimination, harassment and/or related retaliation.

This section is intended to inform students, faculty, and staff of the various reporting and confidential disclosure options available to them, so that they can make informed choices about where to go for help. 

(A) Confidential Resources

A confidential resource is an individual who is legally and ethically bound to keep confidential all information shared with them in the course of providing counsel and support, except under the circumstances noted below. Middlebury respects that the decision to come forward may be difficult and that individuals may wish to seek assistance from someone who can provide confidential information and support, and who can provide assurances that what is disclosed will not be acted on except in the circumstances outlined below. (For a list of confidential resources, see Appendix B, below).  

In general, the law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional, religious advisor or MiddSafe Advocate. The medical, mental health, religious professionals and MiddSafe advocates at Middlebury and their off-campus counterparts respect and protect confidential communications from students, faculty, and staff to the extent they are legally able to do so. These professionals may have to breach a confidence, however, when they perceive a serious risk of danger or threat to any person or property. In addition, medical and mental health professionals may be required by law to report certain crimes (e.g., any allegation of sexual and/or physical abuse of a person under 18). These exceptions to confidentiality are governed by the law of the state in which the confidential resource is located.

An individual who speaks to a confidential resource must understand that, if they want to maintain confidentiality, Middlebury will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the individual who is alleged to have violated this policy.

(B) Non-Confidential Resources

Non-confidential resources are all faculty or staff members, including ombudpersons and residential life staff, who are not medical or counseling professionals, clergy, or MiddSafe Advocates, and are therefore not permitted to honor requests for confidentiality. Non-confidential faculty or staff who learn of an incident of discrimination, harassment or related retaliation involving a student are required to report that information to the HRO. (See Section B.1. for more information).

Faculty and staff who are “Campus Security Authorities” are required to report certain crimes to the Department of Public Safety for the purpose of compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

Employees with supervisory responsibility are expected to report all incidents of harassment, discrimination and related retaliation involving employees to the HRO and/or to Human Resources.

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. Otherwise, individuals who want to maintain confidentiality should seek a confidential resource.

(C) Evaluating Requests for Confidentiality

If a complainant insists that his or her name or other identifiable information not be revealed, or asks that Middlebury not investigate or take action against the person alleged to have violated this policy, Middlebury will evaluate the request in the context of its responsibility to provide a safe and nondiscriminatory environment for that individual as well as all students, staff, and faculty. Thus, Middlebury may weigh the request for confidentiality against a number of factors, including but not limited to the seriousness of the alleged conduct; circumstances that suggest there is a risk of repeated conduct; whether there have been other discrimination, harassment, or retaliation complaints about the same individual; and the extent of any adverse impact or threat to the complainant and/or the Middlebury community.

(D) Disclosure During Internal Investigations and Adjudications

Middlebury will handle information related to alleged violations of this policy with sensitivity and discretion. However, Middlebury may need to disclose information relating to an incident (including the identity of parties, witnesses or others) to the extent necessary to conduct  a thorough, fair, and impartial investigation and adjudication process for all involved parties.

(E) Disclosure Required by Law

Middlebury will not include the names of complainants or other identifying information in publicly available reports that are compiled as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Middlebury is also part of a larger community and context. If there is an independent investigation, lawsuit, or criminal proceeding related to a discrimination, harassment or related retaliation matter, those involved or others may be required by law to provide testimony or documents (e.g., investigation reports, witness statements, determinations issued under this policy and any other information gathered or obtained in the course of a particular matter).

(F) Disclosure to Law Enforcement

In certain circumstances, Middlebury may need to report an incident to law enforcement authorities. Such circumstances include but are not limited to incidents that warrant the undertaking of safety and security measures for the protection of the individual and/or the campus community, or situations in which there is clear and imminent danger and/or a weapon may be involved. Complainants may choose to notify authorities directly with or without Middlebury’s assistance, or may choose not to notify such authorities.

5. Emergencies

If the safety of any individual is an immediate concern, involved parties or observers in the United States should contact local law enforcement by dialing 911. Involved parties or observers in other countries should notify local law enforcement and their program director.


B. Procedures for Addressing Harassment, Discrimination and Related Retaliation

1. Reporting Requirements for Staff and Faculty

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

Any faculty or staff member who learns of an incident of discrimination, harassment, or related retaliation involving a student must report this information to Middlebury’s Human Relations Officer (see Appendix A for contact information), or the appropriate dean or program director in cases involving the Language Schools, Schools Abroad, Bread Loaf, the Institute, MiddCore, School of the Environment, or other Middlebury program, as applicable, 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, MiddSafe Advocates, or other medical, counseling, support or religious personnel and volunteers who are required by law to maintain confidentiality. Please see Section “4. Confidentiality” for more information.

Employees with supervisory responsibility are expected to report incidents of discrimination, harassment, including sexual harassment, 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, 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, and/or retaliation, or pursuing complaints under the complaint procedures described here.

Failure to report or address harassment, discrimination, or retaliation complaints or suspected acts of harassment, discrimination, 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, 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 or harassment, 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 oversee investigations and adjudicate harassment, discrimination, and retaliation 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) or related retaliation as defined by this policy, Middlebury will initiate the following process, except as otherwise provided in subsection 5, below:

a. The HRO will promptly determine initially whether the report or complaint alleges conduct that is prohibited by this policy and whether an investigation and adjudication should proceed.

b. If the HRO determines that the report or complaint does fall within the scope of this policy and that an investigation and adjudication should proceed, a copy of the policy will be provided to the complainant and the respondent and the parties will be notified that Middlebury is investigating the possibility that the respondent has violated this policy (absent extenuating circumstances). The HRO will then, 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 cases where the student is a respondent, if at any point prior to or during the investigation and adjudication process, the HRO becomes aware that other Middlebury policies may have been violated in relation to the matter under investigation, these alleged policy violations may also be resolved through the investigation and adjudication process in this policy. The decision to investigate and adjudicate other alleged policy violations is within the sole discretion of the HRO. In all cases the parties will be notified if the HRO determines that additional alleged policy violations will be investigated and adjudicated in accordance with the procedures set forth herein.

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 the College, dean of students, Commons dean(s), judicial affairs officer, 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 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, 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  (e.g., the Middlebury College VPAA, the Institute’s Chief Academic Officer or designee [“the Institute’s CAO”], 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 (e.g., verbal warnings, written warnings, written reprimands, or  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 policies under investigation, if applicable), the HRO will refer the matter to the supervisory authority for the program in which the student is enrolled at the time of the misconduct and the supervisory authority for any other Middlebury program in which the student is or will be enrolled (e.g., the dean of students, dean of the Language Schools, dean of International Programs, appropriate Institute dean, director of the Bread Loaf School of English, director of the Bread Loaf Writer’s Conference, director of MiddCore, director of the School of the Environment, etc.), as applicable, for disciplinary action. Such disciplinary action could include warnings, written reprimands, probationary status, official college discipline, or suspension or expulsion from any or all Middlebury program(s) in which the student is or will be enrolled or participating, or other action as deemed appropriate under the circumstances (e.g. 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.

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 appropriate supervisory authority for the program(s) at issue, 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 (see above).

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 cases involving student complainants, both parties will be notified of the HRO’s determination simultaneously 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]

3. Time Frames for the Investigation and Determination

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 10 days after receipt of the investigator’s complete report. The 10-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 5 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

In cases where the respondent is a student, the complainant and respondent each has the right to appeal the outcome 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;
  • abuse of discretion in the issuance of a sanction, meaning that the supervisory authority imposed a sanction significantly disproportionate to the offense.

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 appellate officer for the program in connection with which the finding of responsibility and sanction were made. Therefore, an appeal must be directed to the VPAA (complaints against undergraduate students and complaints against MiddCore students), the vice president for Language Schools, Schools Abroad and Graduate Programs (complaints against Language Schools, Schools Abroad, Bread Loaf School of English, Bread Loaf Writers' Conference, and School of the Environment students) or the Institute’s CAO (complaints against Institute students), as applicable.

In cases where the HRO refers the matter to the supervisory authority for the program in which the student is enrolled at the time of the misconduct and to the supervisory authority for any other Middlebury program in which the student is or will be enrolled (“other Middlebury program(s)”), for further disciplinary action in accordance with Section B.2. i., above, an appeal of the sanction(s) issued in the other Middlebury program(s) can also be made to the appellate officer for that other Middlebury program. Appeals regarding the finding of responsibility by the HRO must be made to the appellate officer for the program in which the student was enrolled at the time of the misconduct.

Appeals must be made within 5 days of receipt of the HRO’s determination or within 5 days of receipt of disciplinary action, if applicable, and must include the grounds for appeal and an outline of any supporting evidence. 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, vice president for Language Schools, Schools Abroad and Graduate Programs, or the Institute’s CAO, as applicable) will invite an informational response to the appeal from the HRO, the appropriate disciplinary authority, if applicable, and the other party (to the extent permitted by law), who may respond within 5 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 one or more of the appeal grounds have been met, may:

  • return the case to the original HRO or the appropriate disciplinary authority for reconsideration; or
  • appoint an Alternate HRO or disciplinary authority to review the case, which will ordinarily occur when the original outcome was deemed to be based on an abuse of discretion.

It is the responsibility of the Middlebury official to determine which aspects of the case merit a new review, and to direct the HRO or disciplinary authority, as appropriate, accordingly.

Absent extenuating circumstances, the Middlebury official will notify the complainant and respondent of the appeal decision simultaneously in writing within 15 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 within 5 business days of written notification of the appeal outcome. In sexual harassment cases, the complainant may submit a response to the respondent’s final appeal within 5 business days thereafter, to the extent permitted by law. The president of Middlebury College may reduce the sanction, if warranted, after consultation with the HRO and the VPAA, or the vice president for Language Schools, Schools Abroad and Graduate programs, or the Institute’s CAO, as applicable. Absent extenuating circumstances, the president will inform the respondent of the final decision within 15 days of receiving the appeal. In sexual harassment cases, both parties will be notified of the final decision simultaneously in writing within 15 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.

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 in accordance with Section B.2. i., above. 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)

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 completion of their program, 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 (see also Section B.2.i., above). 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 (Students)

A student will not be permitted to graduate or receive academic credit (or certification, if applicable) while a disciplinary matter is pending; the student’s graduation, credit, or certification 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 Expulsion

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, or retaliation has been issued, violation of a plan or directive to address the harassment, discrimination, 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 the HRO, 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, program directors, and the Institute’s HRO. 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, 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 dean of the College or 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, program directors, and the Institute’s HRO.


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] Middlebury’s Vermont undergraduate campus program includes a confidential resource called MiddSafe; for more information, see http://www.middlebury.edu/offices/health/saoc/middsafe

[2] Under Title IX, third parties are protected from sexual harassment 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 under this policy (see Section B.2., above) or a complaint of sexual misconduct under Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking. Also, Middlebury 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.

[3] Disclosure of the sanction imposed on the respondent will be permitted in sexual harassment cases when the sanction directly relates to the complainant (e.g., No Contact Orders, building restrictions, classroom changes or where the respondent is prohibited from attending Middlebury for a period of time).

Amended and published on June 13, 2014; supersedes the College’s Anti-Harassment/Discrimination Policy dated September 3, 2013.

APPENDIX A

Contact Information

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

Judicial Affairs Officer***
Karen S. Guttentag
Associate Dean for Judicial Affairs and Student Life
Middlebury College
McCullough 138
802.443.2024

Middlebury Language Schools, Schools Abroad 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

Jeffrey W. Cason
Dean of International Programs
Middlebury College
Sunderland Language Center 125
Middlebury, VT 05753
802.443.5745
cason@middlebury.edu

Stephen B. Snyder
Dean of the Language Schools
Sunderland Language Center 201
802.443.5979
ssnyder@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

Monterey Institute of International Studies Contacts
Ashley Fera Arrocha (Human Relations Officer and 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 and Human Relations Officer
Human Resources Department
460 Pierce Street
Monterey, CA 93940
831.647.6404
mulibarr@miis.edu

Middlebury-Monterey Summer Intensive College English Program Contact
Kathryn Good
Assistant Director (On –site)
401-601-0534
kgood@miis.edu

Patricia Szasz
Assistant Dean for Language and Professional Programs
831-647-3501
pszasz@miis.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 (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

Emergencies: Dial 911

Middlebury Police
802.388.3191

Vermont State Police
802.388.4919

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

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

Emergencies: Dial 911

Monterey Police Department
351 Madison Street Monterey, CA 93940
831.646.3914

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

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)
Oakland District Office
1515 Clay Street, Suite 701
Oakland, CA 94612
Telephone: 510.622.2941

DISTRICT OF COLUMBIA

Emergencies: Dial 911

Washington DC Metropolitan Police Department
300 Indiana Avenue, NW
Washington, DC 20001
Telephone: 202-727-9099
TTY: 711
Email:mpd@dc.gov

Second District Station
3320 Idaho Avenue, NW
Washington, DC 20016
Phone: 202-715-7300

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
131 N. M Street, NE
Fourth Floor, Suite 4NWO2F
Washington, D.C. 20507-0100
Telephone: 1-800-669-4000
Fax: 202.419.0739

NEW MEXICO

Emergencies: Dial 911

Santa Fe, NM Police Department
2525 Camino Entrada
Santa Fe, NM 87504-0909
505.955.5033 or 505.955.5006
Non-emergency: 505.428.3710
Fax: 505.955.5052

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

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

New Mexico Higher Education Department
2048 Galisteo
Santa Fe, NM 87502
Phone: 505.476.8400
Fax: 505.476.8453
http://www.hed.state.nm.us/institutions/complaints.aspx

NEVADA

Emergencies: Dial 911
Students can also dial 9-911 from a campus phone. Individuals should be prepared to let the dispatcher know that they are calling from Incline Village, NV. They should provide the dispatcher with their name, a description of the type of emergency and the location of the emergency

Washoe County Sheriff’s Office
911 Parr Blvd.
Reno, NV 89512
775.832.4107
http://www.washoesheriff.com/

Office for Civil Rights
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
Telephone: (206) 607-1600
Facsimile: (206) 607-1601
Email: OCR.Seattle@ed.gov

Equal Employment Opportunity Commission
450 Golden Gate Ave.
5 West, P.O. Box 36025
San Francisco, CA 94102-3661
Telephone: 1.800.669.4000
Fax: 415.522.3415

Nevada Equal Rights Commission
1820 East Sahara Avenue
Suite 314
Las Vegas, NV  89104
Phone 702. 486.7161
Fax 702).486.7054

Rhode Island

Emergencies: Dial 911
Newport Police Department
Emergency: 401. 847.1212
Non-Emergency/General Information: 401.847.1306
Anonymous Tips Line: 401.846.2606
TTY: 401.849.3930

Rhode Island State Police
311 Danielson Pike
North Scituate, RI 02857
Telephone: 401-444-1000

Office for Civil Rights
U.S. Department of Education
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109-3921
Telephone: (617) 289-0111
Facsimile: (617) 289-0150
Telephone: 617-289-0100

Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Telephone: 800-669-4000
TTY: 800-669-6820

Commission for Human Rights
180 Westminster Street
3rd Floor
Providence, RI 02903
Telephone: 401-222-2661
TTY: 401-222-2664

*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. See also Appendix C, below.

**Middlebury’s human relations officer serves as the Title IX Coordinator’s designees for the purposes of coordinating sexual harassment training and education and adjudicating complaints of sexual harassment and related retaliation complaints under this policy and sexual misconduct complaints and related retaliation under Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking. Alternate Human Relations Officers serve in a similar capacity as the Title IX Coordinator’s designee(s) when the Human Relations Officer is unavailable or has a conflict of interest.

***Middlebury’s Judicial Affairs Officer is the administrator and Title IX Coordinator’s designee responsible for overseeing the investigation of sexual misconduct complaints against undergraduate students when they are not enrolled in other Middlebury programs. See Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking.

APPENDIX B

Resources
Introduction and General Information

Middlebury officials have several options that they can offer to complainants, 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 (for persons in residence on a Middlebury campus or in connection with a Middlebury program), transportation or working arrangements or other services or accommodations that are reasonably available and necessary in a particular case; and

vi. assistance in seeking court orders and notifying proper law enforcement authorities, which Middlebury will provide, if the individual so chooses.

Reporting Sexual Harassment or Related Retaliation

To report a complaint of sexual harassment and/or related retaliation please contact the Human Relations Officer and the appropriate supervisory authority for the Middlebury program, listed in Appendix A. You may also contact the Department of Public Safety at 802.388.5133. (Please see Appendix A and below for other contact information and resources available for all Middlebury programs).

Services and Accommodations
It is not necessary to file a complaint, participate in an adjudication process, or file a criminal complaint in order to request from Middlebury services or accommodations designed to preserve safety or restrict contact between a student, employee or (third party) and another individual. These may include but are not limited to No Contact Orders between the parties, academic or residential accommodations, changing transportation or working situations, or providing other employment accommodations, and/or other support resources, as appropriate. Middlebury personnel will identify appropriate options and work with complainants to determine whether these services or accommodations are reasonably available and necessary in a particular case. 

General Resources

Not Alone.gov
https://www.notalone.gov/
https://www.notalone.gov/resources/ (Locate services and resources in your area to receive support if you are in a crisis situation or if you want to speak with an advocate).

National Domestic Violence Hotline (24 hour)
1.800.799.SAFE
http://www.thehotline.org/
National Sexual Assault Online Hotline

Domestic Abuse Helpline for Men and Women
1.888.743.5754
http://www.dahmw.org/

Stalking Resource Center
http://www.victimsofcrime.org/our-programs/stalking-resource-center

Rape, Abuse, and Incest National Network (RAINN)
http://www.rainn.org

Resources for Middlebury Programs in Vermont

On Campus

Department of Public Safety
802.443.5911

Off Campus

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

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

Confidential Resources

On Campus

Parton Center for Health and Wellness (Students Only)
Health Services
802.443.5135
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. 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.

MiddSafe: Middlebury Safe and Confidential Advocates (undergraduate program only; excludes undergraduate academic breaks)
802.377.0239
MiddSafe advocates are Middlebury College students, faculty, and staff committed to providing a safe and confidential resource for our peers in need of support and information around sexual assault, stalking, dating violence, domestic violence, and other personal violations. The group’s goal is to exist as a non-judgmental, compassionate, and effective system for individuals in emergency and non-crisis situations. Advocates provide a menu of options to guide students towards medical, legal, and emotional resources on local, state, and national levels. MiddSafe advocates offer the following advocacy services:

*Hotline operated by volunteer student advocates 24 hours a day, 7 days a week, excluding undergraduate academic breaks on the Vermont campus.

*Faculty and staff advocates available during their regular office hours to serve in their confidential advocate capacity.

*All advocates can provide referrals to on- and off-campus services to offer support and advocacy (e.g. appointments at Parton Health and Wellness Center or Porter hospital, meetings with deans, professors, Public Safety, the Judicial Affairs Officer, and making contact with Counseling Services of Addison County or Middlebury Police Department)

*All advocates have received training to support individuals engaged in the campus judicial process, should someone choose an advocate as their designated support person.

College Chaplain
802.443.5626
The College chaplains are available to provide supportive confidential counseling of all kinds, faith-based or otherwise.

Off Campus

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.

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. 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.

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.

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.

Legal Assistance

Vermont Legal Aid: 800.889.2047; http://www.vtlegalaid.org/
Vermont Bar Association: https://www.vtbar.org/

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).

Bread Loaf School of English (New Mexico)

On Campus

St. Johns College Security Department
Telephone:505.984.6000 or 505.984.6025 or 505.660.8177
Dial 0 from any Campus Phone

Jim Ardis, Director of Security and Safety
505.984.6125

Off Campus

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

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.

Solace Crisis Treatment Center
6601 Valentine Way
Santa Fe, NM 87507
800.721.7273 (24 hour crisis advocacy hotline)
505.988.1951

The Rape Crisis Center of Central New Mexico
Albuquerque, NM 87112
Business: 5052667712
Hotline: 8888118282

New Mexico Coalition Against Domestic Violence
505.246.9240
http://www.nmcadv.org/about-us/

Domestic Violence Helpline (NM Legal Aid)
505.243.4300 or 1.877.974.3400
http://www.nmlegalaid.org/?q=content/domestic-violence-helpline

Legal  Referral Services

State Bar of New Mexico
1-800-876-6227
http://www.hed.state.nm.us/institutions/complaints.aspx

New Mexico Legal Aid
1.866.416.1922
http://www.nmlegalaid.org/

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

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)

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

Shelter Outreach Plus Domestic Violence Shelter
3087 Wittenmyer Court
Marina, CA - 93933
(831) 384-3388

Women’s Crisis Center
831.757.1001

Community Hospital of the Monterey Peninsula (CHOMP)
23625 Holman Highway
Monterey, CA 93940
831. 624.5311 or 888.45CHOMP
Mental Health Crisis Line: 831.625.4623

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

Counseling

Student Assistance Program:  Well Connect: 1.800.326-6142
Community Human Services Counseling and Recovery:  831.658.3811

Legal Assistance

Free and Low Cost Legal Help
http://www.courts.ca.gov/selfhelp-lowcosthelp.htm

Law HelpCA.org (legal aid and self-help resources)
http://lawhelpca.org/

California Bar Association
415-538-2000
http://www.calbar.ca.gov/

Middlebury at Mills College

On Campus

Mills College Public Safety
510.430.5555 (for emergency assistance)

Off Campus

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)

Highland Sexual Assault Center
Highland Hospital Campus
1411 East 31st Street
Oakland, CA 94602
Hotline: 510.534.9290
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

San Francisco Domestic Violence Consortium
http://www.dvcpartners.org/

Woman, Inc
1.877.384.3578
http://www.womaninc.org/

Legal Assistance
Free and Low Cost Legal Help
http://www.courts.ca.gov/selfhelp-lowcosthelp.htm

Law HelpCA.org (legal aid and self-help resources)
http://lawhelpca.org/

California Bar Association
415-538-2000
http://www.calbar.ca.gov/

MiddCore at Sierra Nevada College

On Campus

Emergencies: Dial 911. Students can also dial 9-911 from a campus phone. Individuals should be prepared to let the dispatcher know that they are calling from Incline Village, NV. They should provide the dispatcher with their name, a description of the type of emergency and the location of the emergency.

Campus Security: 775.626.3000 (7:00 AM-11:30 PM)
Patterson Hall Front Desk: 775.881.7572  (11:30 PM-–7:00 AM)

Off Campus

Washoe County Sheriff’s Office
911 Parr Blvd.
Reno, NV 89512
775.832.4107

Incline Village Community Hospital
880 Alder Ave.
Incline Village, NV 89451
775.833.4100
http://www.tfhd.com/inclinehospital.asp

The Rape Crisis Center of Southern Nevada
http://www.therapecrisiscenter.org/

SARA
Carson City, NV 89702
Business: 775-883-7654
Hotline: 775-883-7654

Crisis Call Center/Sexual Assault Support Services
Reno , NV 89507
Business: 775-784-8085
Hotline: 1-800-992-5757

Family Support Council of Douglas County
Minden, NV 89423
Business: 775-782-8692
Hotline: 775-782-8692

Legal Assistance
NevadaLawHelp.org: http://nevadalawhelp.org/

Monterey Summer Intensive College English Program
(Newport, Rhode Island - Salve Regina University)

On Campus

Office of Student Affairs
Miley Hall
Telephone: 401.341.2145

Office of Safety and Security
Tobin Hall
100 Ochre Point Avenue
Newport, RI 02840
Telephone: 401.341.2325

Off Campus
Local Police Department
Newport Police Department
120 Broadway
Newport, RI 02840
Telephone: 401.847.1212 (Emergencies)
Telephone: 401.847.1306 (Non-Emergencies)

24-hour Hotlines

Day One
Providence, RI 02906
Business: 4014214100
Hotline: 8004948100

R.I. Coalition Against Domestic Violence
Hotline: 800-494-8100

R.I. Crisis Assistance Center
Telephone: 401-714-2388

Medical Care & Emergency Rooms

Newport Hospital
11 Friendship Street
Newport, RI 02840
Telephone: 401-846-6400

Newport Medical Center
62 Broadway
Newport, RI 02840
Telephone: 401.849.0500

Counseling Services

David Bryant Dawson, MSW, LICSW
Salve Regina University
Director of Counseling Services
Interim Director of Health Services
Telephone: 401-341-2454
E-mail: david.dawson@salve.edu

East Bay Community Action Program
19 Broadway
Newport, RI 02840
Contact: Family Advocate
Telephone: 401-847-7821 x. 112

Washington DC-CNS Center

Washington DC Metropolitan Police Department
300 Indiana Avenue, NW
Washington, DC 20001
Telephone: 202-727-9099
TTY: 711
Email:mpd@dc.gov

Second District Station
3320 Idaho Avenue, NW
Washington, DC 20016
Phone: 202-715-7300

24-hour Hotlines

DC Rape Crisis Center
5321 1st Place, NE
Washington, DC 20011
Telephone: 202-232-0789
Hotline: 202-333-7273
Hotline: 800-656-HOPE (4673)

Network for Victim Recovery of DC
Washington, DC 20011
Hotline: 1-800-641-4028

DC Crisis & Suicide Prevention Hotline
2512 Virginia Avenue, NW
Washington, DC 20037
Hotline: 202-552-4673

DC Coalition Against Domestic Violence
5 Thomas Circle, NW
Washington, DC 20005
Telephone: 202-299-1181

My Sister's Place 24 Hour Hotline:202-529-5991

Medical Care & Emergency Rooms

George Washington University Hospital
900 23rd Street, NW
Washington, DC 20037
202-715-4000

Howard University Hospital
2041 Georgia Avenue, NW
Washington, D.C. 20060
Telephone: 202-865-6100

Sibley Memorial Hospital
5255 Loughboro Road, NW
Washington, D.C. 20016
Telephone: 202-537-4000

Counseling Services

Counseling & Psychotherapy Services of DC
5100 Wisconsin Avenue, NW
Washington, DC 20016
Telephone: 202-244-8855

Appendix C: Title IX Coordinator
Inquiries concerning the application of Title IX may be referred to Middlebury College’s Title IX Coordinator or to the United States Department of Education Office for Civil Rights (contact information is listed in Appendix A). The full text of Middlebury’s Nondiscrimination Statement is available at http:www.middlebury.edu/about/handbook/general/nondiscrimination. Printed copies are also available from the offices of the dean of the College, the dean of Students, the Commons deans, the judicial affairs officer, the human relations officer or the supervisory authority for the program at issue. Reasonable accommodations will be provided for persons with disabilities who need assistance in reviewing Middlebury’s Nondiscrimination Statement and its Anti-Harassment/Discrimination and Sexual Misconduct policies.

The dean of the College serves as Middlebury’s Title IX Coordinator for the purposes of coordinating Middlebury’s efforts to comply with and carry out its responsibilities under Title IX. The Title IX Coordinator’s responsibilities include overseeing the process for handling all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Middlebury’s Judicial Affairs Officer serves as the Title IX Coordinator’s designee for the purposes of overseeing the investigation and adjudication of sexual misconduct and related retaliation complaints under Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking.

Middlebury’s Human Relations Officer serves as the Title IX Coordinator’s designee for the purposes of overseeing investigations and adjudicating sexual harassment and related retaliation  complaints under this policy and sexual misconduct and related retaliation complaints under Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking. Middlebury’s Alternate Human Relations Officers serve in a similar capacity as the Title IX Coordinator’s designee(s) when the Human Relations Officer is unavailable or has a conflict of interest.