Middlebury

Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking

Effective August 11, 2014. The policies, procedures and information outlined herein supersede previous Middlebury policies, procedures and information on the same topics.

 

1.   Introduction

2.   Definitions

3.   Confidentiality

4.   Retaliation

5.   Emergencies

6.   Services and Accommodations

7.   Pursuing a Criminal Complaint

8.   Medical Care and Evidence Preservation

9.   Reporting Requirements for Staff and Faculty

10. Complaint Investigation and Resolution Procedures

(A) In General
(B) Complaints Directed to the HRO or JAO (includes Rights of
Complainants and Rights of Respondents)
(C) Complaint Receipt and Review
(D) Investigation Overview
(E) Investigation
(F) Determination and Sanction
(G) Time Frames for the Investigation and Adjudication
(H) Appeals

11. Scope of Oversight (Students)

12. Pending Discipline (Students)

13. Emergency Withdrawal, Suspension, or Expulsion (Students)

14. Training

15. Plans or Directives Issued by Middlebury Officials

16. Cooperation of all Parties

17. Policy Access

18. Disabilities

19. Record Keeping

Appendix A: Applicable Definitions: State and Federal Law
Appendix B: Contact Information
Appendix C: Resources
Appendix D: Title IX Coordinator
End Notes


 

1. Introduction

Middlebury College (“Middlebury”) is committed to providing a campus and workplace environment that is safe and secure for all students, staff, faculty and others who participate in Middlebury’s programs. Sexual misconduct, domestic violence, dating violence, stalking, and related retaliation, as defined by the law in the state where the conduct allegedly occurs and/or the corresponding terms of this policy, are strictly prohibited. Middlebury will take reasonable, prompt and appropriate action to respond to sexual misconduct, domestic violence, dating violence, stalking and related retaliation where such conduct impacts or has the potential to impact the educational, residential, or employment environment of any member of the Middlebury community. Such action could include, for example, disciplinary action such as verbal warnings, written warnings, written reprimands or termination of employment (employees); warnings, written reprimands, probationary status, official college discipline, suspension or expulsion (students); the issuance of No Contact Orders and/or No Trespass Orders; and/or the provision of safety and support services, as appropriate. Information about on-campus and off-campus support services (i.e., counseling, health, victim advocacy, legal assistance and other related services) is provided in Appendix C, below.

Except as otherwise specified herein, this policy applies to faculty, staff and students, as well as to others who participate in Middlebury’s programs and activities (see Covered Third Parties, defined below), 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, the Monterey Institute of International Studies (“the Institute”), and all other Middlebury on- or off-campus programs.

The procedures for addressing complaints or reports of sexual misconduct, domestic violence, dating violence, stalking and related retaliation are set forth below.  However, where applicable law mandates different procedures or policies with respect to Middlebury programs outside of Vermont, those procedures or policies will apply.

Middlebury’s process to address cases of alleged sexual misconduct, dating violence, domestic violence, stalking and related retaliation is designed to:

  • Consider the rights of the complainant, the rights of the respondent, the safety of the community, and applicable laws and Middlebury policies;
  • Conduct a timely, fair, impartial, and equitable investigation and adjudication process with thoroughness and respect for all involved parties;
  • Protect the privacy of all parties to the extent practical, while balancing the need to comply with applicable law, maintain campus safety and provide a safe and nondiscriminatory environment for all students, faculty, staff and covered third parties;
  • Hold all individuals found to have violated Middlebury’s policies accountable for their actions and provide appropriate remedies to address the effects of sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation on the complainant and others.

The parties will be provided procedural rights as outlined in this policy. Since Middlebury lacks full judicial authority, such as the power to subpoena or place witnesses under oath, an individual’s rights cannot be coextensive with or identical to the rights afforded an accused in a civil or criminal legal proceeding. The procedures outlined below are designed, however, to assure fundamental fairness and to protect individuals from arbitrary or capricious disciplinary action. All adjudicators, investigators, and Middlebury officials shall conduct their proceedings in the spirit of these principles. If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented fundamental fairness.

2. Definitions

The definitions of sexual assault, domestic violence, dating violence and stalking used in this policy are intended to be at least as protective of complainants as those that are used in the criminal laws of the states in which Middlebury operates its programs. The criminal law definitions used in many of those states are described in Appendix A for the sake of information only. However, Middlebury utilizes its own expanded definitions of these prohibited behaviors for purposes of this policy, and determines responsibility for violations of Middlebury policy through its own procedures and standards of proof (that is, by a preponderance of the evidence standard), not through the procedures or standards of proof employed in the criminal justice system. The definitions outlined immediately below apply as a matter of Middlebury policy in all locations where Middlebury operates its programs.   

Sexual Misconduct
Sexual misconduct violates the rights of others, and demonstrates 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 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.

A sexual act for purposes of this subsection is contact, including oral contact, with the genitals or the 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 but is not limited to intentional contact of a sexual nature with the breasts, buttocks, groin, or mouth, 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 is under the age of 16. 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 a reasonable person would consider to be coercive.

Domestic Violence
Domestic violence includes attempting to cause or willfully or recklessly causing bodily injury to a family or household member, or willfully causing a family or household member to fear imminent serious bodily injury. “Household members” are those persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or individuals who are dating or have dated. For purposes of the prohibitions in this Middlebury policy, “household members” do not include roommates in residential campus housing or individuals living in the same campus building (or who are living together off campus) where (a) the individuals have not had any dating relationship or sexual relationship or (b) neither of the individuals has expressed interest in or pursued a dating or sexual relationship with the other individual.

Domestic violence also includes the following behaviors directed against a family or household member: violence or threats of violence (even in the absence of bodily injury); incitement or provocation to violence; negligent or reckless use of physical force; conduct that may reasonably be expected to exploit or coerce another; restraint; prevention of another’s ability to communicate or move freely by the use of threats, intimidation, abuse or physical force; violation of another’s privacy; and unauthorized entry and, specifically, uninvited hostile presence in another's room or office.  

Dating Violence
Dating violence includes attempting to cause or willfully or recklessly causing bodily injury to a person one is dating or has dated, or willfully causing such person to fear imminent serious bodily injury. “Dating” is defined as a social relationship of a romantic and/or sexual nature. Factors to consider in determining whether a dating relationship exists or existed include:

(a) the nature of the relationship;
(b) the length of time the relationship has existed;
(c) the frequency of the interaction between the parties; and
(d) the length of time since the relationship ended, if applicable.

Dating violence also includes the following behaviors directed against a person one is dating or has dated: violence or threats of violence (even in the absence of bodily injury); incitement or provocation to violence; negligent or reckless use of physical force; conduct that may reasonably be expected to exploit or coerce another; restraint; prevention of another’s ability to communicate or move freely by the use of threats, intimidation, abuse or physical force; violation of another’s privacy; and unauthorized entry and, specifically, uninvited hostile presence in another's room or office.  

Stalking
“Stalking” is defined as engaging in a course of conduct directed at a specific person which includes but is not limited to following, lying in wait, or harassment, when such conduct:

(a)  Serves no legitimate purpose; and

(b)  Would cause a reasonable person to fear for his or her physical safety or health or that of others, including fear of sexual conduct, unlawful restraint, bodily injury, or death; or would cause a reasonable person to suffer emotional distress.

“Course of conduct” is defined as a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose.

“Following” is defined as maintaining over a period of time a visual or physical proximity to another person.

“Lying in wait” means hiding or being concealed for the purpose of attacking, alarming, or harming another person.

“Harassment” includes but is not limited to verbal threats, written, telephonic, or other electronically communicated threats, vandalism, trespassing, surveillance, physical contact without consent, or other unwanted contact directed at a specific person, the person’s partner, or a member of the person’s family.

Examples of stalking behaviors or activities include, but are not limited to:

  • Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, text messages, written letters, gifts, or any other communications that are unwelcome.
  • Use of online, electronic or digital technologies in connection with such communication, including but not limited to:
    • Posting of pictures or text in chat rooms or on websites;
    • Sending unwanted/unsolicited e-mail or talk requests;
    • Posting private or public messages on Internet sites, social networks, and/or school bulletin boards;
    • Installing spyware on a person’s computer;
    • Using Global Positioning Systems (GPS) or similar technology to monitor a person.
  • Pursuing, following, waiting for, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the person.
  • Surveillance or other types of observation including staring or “peeping”
  • Trespassing
  • Vandalism
  • Non-consensual touching
  • Direct verbal or physical threats
  • Gathering information about an individual from friends, family, or co-workers
  • Accessing private information through unauthorized means
  • Threats to harm self or others
  • Defamation and/or lying to others about the person
  • Using a third party or parties to accomplish any of the above

Complainant
A complainant is usually an individual filing a complaint of a violation of Middlebury policies. In some cases (such as, e.g., cases in which a person involved in an incident of alleged sexual misconduct, domestic violence, dating violence, stalking, or related retaliation does not wish to participate in the process but Middlebury decides that the alleged misconduct needs to be investigated), Middlebury may pursue an investigation and adjudication under this policy without a designated complainant. In these cases Middlebury may extend the full rights of a complainant as defined in this policy to affected parties as deemed appropriate by the Human Relations Officer or the Judicial Affairs Officer, as applicable.

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

Covered Third Parties [1]
Under Title IX and/or Middlebury policy, third parties who participate in Middlebury’s programs or activities are protected from sexual misconduct, domestic violence, dating violence, stalking and related retaliation arising out of those programs or activities. Such individuals will be referred to in this policy as “covered third parties.” Thus, any covered third party who participates in any Middlebury program or activity may report a complaint of sexual misconduct, domestic violence, dating violence, stalking or related retaliation under this policy, as applicable. Also, Middlebury will take appropriate action, to the extent practicable given Middlebury’s limited authority, in response to a report or complaint of sexual misconduct, domestic violence, dating violence, stalking or related retaliation by a student, faculty or staff member against a third party.   

Human Relations Officer
The Human Relations Officer (“HRO”) is the administrator responsible for 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 misconduct complaints in accordance with this policy. Contact information may be found in Appendix B.

Judicial Affairs Officer
The Judicial Affairs Officer (“JAO”) is the administrator responsible for facilitating the investigation and adjudication of sexual misconduct, domestic violence, dating violence, stalking and related retaliation. The JAO may serve as an informational resource for all parties involved in the adjudication process under this policy. The JAO is also the Title IX Coordinator’s designee responsible for facilitating the investigation and adjudication of sexual misconduct complaints in accordance with this policy. Other Middlebury officials may be designated to serve in this capacity as needed. Contact information may be found in Appendix B.

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. Contact information may be found in Appendix B; see also Appendix D.

Responsible Employees
Responsible employees are the Title IX Coordinator, the HRO and the JAO. These employees have the authority to redress sexual misconduct, domestic violence, dating violence, stalking and related retaliation under Middlebury’s policies. The HRO and JAO have a duty to report these incidents to Middlebury’s Title IX Coordinator. Other Middlebury employees may also be “responsible employees,” to the extent described in Section 3. Confidentiality, below. 

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” [2]) or other medical, counseling, support or religious personnel and volunteers who are required by law to maintain confidentiality. For more information, see Section 3. Confidentiality  below. 

No Contact Order
When sexual misconduct, domestic violence, dating violence, stalking, related retaliation, 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 and communications 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, Protective 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. Confidentiality

Middlebury encourages individuals to report incidents of sexual misconduct, domestic violence, dating violence, stalking and related retaliation so that they can get the support they need, 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 sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation.

This section is intended to inform students, faculty, staff and covered third parties 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
B) Non-Confidential Resources
C) Disclosure to Responsible Employees and Request for Confidentiality
D) Evaluating Requests for Confidentiality in Sexual Misconduct Cases
E) Evaluating Requests for Confidentiality in Domestic Violence, Dating Violence, Stalking and Related Retaliation Cases
F) If Confidentiality is Requested but Cannot be Maintained
G) When Confidentiality Can be Maintained
H) Disclosure During Internal Investigations and Adjudications
I) Disclosure Required by Law
J) Disclosure to Law Enforcement

(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 offer 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 C, 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 trained sexual assault advocate. The medical, mental health, and religious professionals and MiddSafe advocates[2] 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 alleged perpetrator. However, confidential resources may assist the individual in receiving other forms of protection and support, such as victim advocacy; academic accommodations; disability, health or mental health services; and changes to living, working, or transportation arrangements. (See 6. Services and Accommodations for more information.) An individual who initially requests confidentiality may later decide to file a complaint with Middlebury or report the incident to local law enforcement, and thus have the incident fully investigated. These confidential resources will help to direct the individual to the appropriate resources in the event that the individual wishes to file an internal complaint with Middlebury or report to the police. 

(B) Non-Confidential Resources
Non-confidential resources are all faculty or staff members, including residential life staff and ombudspersons, 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 sexual misconduct, domestic violence, dating violence, stalking or related retaliation involving a student are required to report that information to the HRO or JAO, and are “responsible employees” to this extent (see 9. Reporting Requirements for Staff and Faculty for more information). The HRO and JAO are “responsible employees” for the purposes of redressing reports of sexual misconduct, domestic violence, dating violence, stalking and related retaliation in accordance with this policy (see Appendix B for contact information).

Faculty and staff who are Campus Security Authorities are required to report certain sex offenses and other 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 sexual misconduct, domestic violence, dating violence, stalking or 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 perpetrator 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)  Disclosure to Responsible Employees and Request for Confidentiality
When a responsible employee (e.g., the HRO or JAO) learns of an incident of sexual misconduct, domestic violence, dating violence, stalking or related retaliation involving a student, faculty or staff member or covered third party, the responsible employee will report to the Title IX Coordinator (and/or the HRO or JAO, if a responsible employee other than the HRO/JAO learns of such an incident). The report will include relevant details about the incident of which they are aware, including the names of the parties, any witnesses, and any other relevant facts, including the date, time, and specific location of the alleged incident.

To the extent possible, information reported to a responsible employee will be shared with others only to the extent necessary to respond to the situation and support the parties and in accordance with state and federal law. Examples include individuals who are responsible for processing, investigating, adjudicating, and responding to sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation reports, deans, program directors, supervisors, Human Resources staff, and Department of Public Safety or other campus security personnel who are responsible for reporting campus crime statistics and issuing timely warnings under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(D) Evaluating Requests for Confidentiality in Sexual Misconduct Cases
If an individual discloses an incident of sexual misconduct but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, Middlebury will make every effort to respect this request and will evaluate the request against its responsibility to provide a safe, non-discriminatory environment for all students, faculty and staff, including the individual who reported sexual misconduct. Although rare, there are times when Middlebury may not be able to honor the individual’s request. Further, if Middlebury honors the request for confidentiality, Middlebury’s ability to appropriately investigate the incident and pursue disciplinary action against the alleged perpetrator(s), if warranted, may be limited.

Middlebury has designated the JAO, HRO, and the Title IX Coordinator to evaluate requests for confidentiality, as appropriate to the circumstances. In considering an individual’s request for confidentiality, the HRO, JAO, and/or Title IX Coordinator may consult with Middlebury’s Threat Assessment and Management Team and other college personnel, as appropriate.

Factors to be considered in determining whether confidentiality should be maintained may include but are not limited to:

(i) The increased risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, such as:

  • whether there have been other sexual misconduct complaints about the same alleged perpetrator;
  • whether the alleged perpetrator has a history of arrests or records from a prior institution indicating a history of violence;
  • whether the alleged perpetrator has threatened further sexual misconduct or other violence against the individual or others;
  • whether the alleged sexual misconduct was committed by multiple perpetrators;
  • circumstances that suggest there is an increased risk of future acts of sexual misconduct or other violence under similar circumstances (e.g., whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group);

(ii) whether the alleged sexual misconduct was perpetrated with a weapon;

(iii) whether the alleged victim is a minor;

(iv) whether Middlebury possesses other means to obtain relevant evidence (e.g., security cameras, information known to Middlebury personnel, or physical evidence).

The presence of one or more of these factors may prompt an investigation and adjudication under Middlebury’s policies and, if appropriate, result in disciplinary action. If none of these factors is present, Middlebury will likely honor the individual’s request for confidentiality. 

(E) Evaluating Requests for Confidentiality in Domestic Violence, Dating Violence, Stalking and Related Retaliation Cases
In cases involving domestic violence, dating violence, stalking, and/or related retaliation, if an individual insists that their name or other identifiable information not be revealed, or asks that Middlebury not investigate or seek action against the alleged perpetrator, Middlebury will evaluate the request in the context of its commitment to provide a safe environment for that individual as well as all students, staff and faculty. Thus, Middlebury may weigh the individual’s request 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 reports or complaints about the alleged perpetrator; the credibility and significance of existing relevant evidence; and the extent of any ongoing threat to the individual, the Middlebury community or any of its members.

In considering an individual’s request for confidentiality, the HRO, JAO, and/or Title IX Coordinator may consult with Middlebury’s Threat Assessment and Management Team and other college personnel, as appropriate.

(F) If Confidentiality is Requested but Cannot be Maintained
If Middlebury determines that it cannot maintain an individual’s confidentiality after it has been requested, Middlebury will inform the individual prior to conducting an investigation (unless extenuating circumstances are present) and will, to the extent possible, only share information with those individuals who are responsible for Middlebury’s response to the incident. Middlebury will not require the individual to participate in any investigation or disciplinary proceeding.  

If when responding to reports of sexual misconduct, domestic violence, dating violence, stalking, or related retaliation, Middlebury determines it is obligated to take any action that would involve disclosing a reporting individual’s identity to the respondent, or an action from which the reporting individual’s identity may be easily determined by the respondent, the individual will be informed before the action is taken unless extenuating circumstances are present. If the reporting individual requests that the respondent be informed that they requested that there be no investigation or disciplinary action, Middlebury will endeavor to honor this request and inform the respondent that Middlebury made the decision to investigate the matter.

Middlebury will take supportive measures when requested, reasonably available and necessary that are designed to prevent and address retaliation against individuals whose requests for confidentiality have not been honored (see Section 4. Retaliation, below), and to respond to their needs for support, services and accommodations (See Section 6, Services and Accommodations, below).  

(G) When Confidentiality Can be Maintained
If Middlebury determines that it can respect the individual’s request for confidentiality, Middlebury will take action to assist the individual, to the extent possible, including the measures identified in Section 6., Services and Accommodations, where such measures are requested, reasonably available and necessary.

As noted in Section D, above, individuals should be aware that if Middlebury honors their request for confidentiality, this may limit Middlebury’s ability to fully respond to the incident, including pursuing disciplinary action against the alleged perpetrator.

(H) 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.

(I) 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 sexual misconduct, domestic violence, dating violence, stalking or related retaliation matter, those involved or others may be required by law to provide testimony or documents (e.g., investigation reports, witness statements, and any other information gathered or obtained in the course of a particular matter).

(J) 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; for more information, see 7. Pursuing a Criminal Complaint, below.  

4. Retaliation

Retaliating directly or indirectly against a person who has in good faith made a report under this policy or participated in an investigation 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, 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 underlying complaint is ultimately found to have merit. Complaints of retaliation should be reported under the procedures described below.

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.

Individuals participating in Middlebury’s programs in the United States should also report incidents of sexual misconduct, domestic violence, dating violence, stalking and related retaliation to the Department of Public Safety (Vermont programs), or other campus security personnel applicable to the program at issue (see contact information in Appendix B, below). 

Middlebury’s Department of Public Safety (or other campus safety/security personnel for programs outside of Vermont, as applicable) will coordinate its response to the report with other officials, as appropriate (including the HRO, the JAO, the Title IX Coordinator, and responsible Threat Assessment and Management Team) and, if necessary, law enforcement, to intervene at the earliest practical point to stop the behavior and coordinate services to the complainant. A coordinated response will include consideration of the complainant’s request for confidentiality in accordance with Section 3, above and may also include the implementation of safety measures as deemed necessary; see 6. Services and Accommodations below for examples.

6. 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 services or accommodations from Middlebury. These may include but are not limited to:

  • No Contact Orders restricting encounters and communications between the parties (see Section 2. Definitions);
  • Academic accommodations, including but not limited to deadline extensions, Incompletes, course changes or late drops, or other arrangements as appropriate (see the Academics: Course Registration and Conduct of Courses and Grades and Transcripts sections of the Handbook for more information);
  • Residential accommodations, including but not limited to arranging for new housing, or providing temporary housing options, as appropriate;
  • Changing transportation or working arrangements or providing other employment accommodations, as appropriate;
  • Assisting the individual in accessing support services, including, as available, victim advocacy, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus, as applicable (see Appendix C for a list of resources);
  • Informing the individual of the right to report a crime to local law enforcement and/or seek orders of protection, restraining orders, or relief from abuse orders from United States courts or courts outside of the United States as applicable, and providing assistance if the individual wishes to do so.

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.

7. Pursuing a Criminal Complaint

In addition to (or instead of) Middlebury’s processes, any student, employee  or covered third party who wishes to report a complaint of sexual misconduct, domestic violence, dating violence, or stalking under this policy may and should also pursue criminal charges with local, state, or federal law enforcement agencies (see Appendix B for contact information). Middlebury will offer and upon request provide assistance to students, employees and covered third parties in contacting law enforcement agencies. These options are available regardless of whether an individual chooses to file a complaint with Middlebury. Individuals may choose to notify such agencies with or without assistance from Middlebury, or may choose not to notify such authorities.

In addition to (or instead of) Middlebury’s processes, individuals who are being or who may have been subjected to sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation also have the right to pursue orders of protection, restraining orders and/or relief from abuse orders from United States courts or courts outside of the United States as applicable. Middlebury will support individuals if they wish to have Middlebury’s assistance in making contact with law enforcement authorities and other external resources to seek such orders. Middlebury will respect such orders to the extent applicable. In addition, Middlebury can also impose no-contact conditions on students, employees and third parties over whom it has some measure of control (see Section 2. Definitions: No Contact Orders; No Trespass Notice).

8. Medical Care and Evidence Preservation

Any individual who may be experiencing or has experienced sexual misconduct, domestic violence, dating violence, stalking or related retaliation is encouraged to immediately seek any necessary medical care and to seek help from appropriate Middlebury, law enforcement and/or medical personnel, even if the individual is uncertain about whether to ultimately pursue a complaint or criminal charges, or to seek a protective order. It is important for individuals to preserve all possible evidence in case they decide at some point to do so. Therefore, if at all possible, they should refrain from changing clothes, showering or otherwise changing their physical state after an incident, until after consulting with medical personnel about how to best preserve evidence.

9. Reporting Requirements for Staff and Faculty

Any staff or faculty member who learns of an incident of sexual misconduct, domestic violence, dating violence, stalking or related retaliation involving a student or covered third party must report this information to Middlebury’s Title IX Coordinator, HRO, or JAO (see Appendix B for contact information) or the appropriate program director in cases involving the Language Schools, Schools Abroad, Bread Loaf, the Institute, or other Middlebury programs 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 3. Confidentiality for more information.

Employees with supervisory responsibility are expected to report all incidents of sexual misconduct, domestic violence, dating violence, stalking or related retaliation involving employees to the Title IX Coordinator, the HRO, and/or to Human Resources.

10. Complaint Investigation and Resolution Procedures

(A) In General

The information in the sections below, except as noted, applies to Middlebury students, staff, faculty and covered third parties who wish to report a complaint of sexual misconduct, dating violence, domestic violence, stalking or related retaliation, as defined above, against a Middlebury student, staff or faculty member, through Middlebury’s processes.

All Middlebury students, faculty members, staff members and covered third parties have the right to pursue sexual misconduct, domestic violence, dating violence and stalking complaints beyond Middlebury, and are encouraged to use local, state, or federal enforcement agencies, including local police, as applicable, regardless of whether they choose to file a complaint on campus. See 7. Pursuing a Criminal Complaint, and contact information in Appendix B.

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 its gathering of evidence, Middlebury will promptly resume and complete its investigation. Middlebury may also take interim measures to promote the safety and well-being of the complainant and the school community while law enforcement is gathering evidence.  

(B) Complaints Directed to the HRO or JAO

In addition to the mandatory reporting requirements in Section 9, above, any Middlebury student, faculty member, staff member or covered third party who has reasonable cause to believe that sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation has occurred or is occurring should report this information to the immediate attention of any of the following individuals: the HRO designated for the Middlebury program at issue; the JAO; and/or the Title IX Coordinator. Contact information can be found in Appendix B.

A complaint may be made verbally or in writing and will ultimately need to be recorded in written form by the complainant or a member of the staff involved with the investigation.

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 JAO, and/or the Title IX Coordinator. The alternate shall have the same authority as the designated HRO.

Rights of Complainants
Individuals whose complaints of sexual misconduct, domestic violence, dating violence, stalking or related retaliation are being investigated and adjudicated by Middlebury can anticipate that:

  • They will be treated with sensitivity, dignity, respect and in an unbiased manner by all involved administrators, investigators and adjudicators.
  • They will be informed in writing that their complaint is being investigated, and of any other related policy violations being explored through this investigation.
  • They will be provided with written notification of Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking, which includes notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for complainants, both on campus and in the community, and which also include notification of options for, and available assistance in, changing academic, living, transportation, and working situations if so requested by the complainant and if such accommodations are reasonably available, regardless of whether the complainant chooses to report a crime to campus public safety or law enforcement.
  • They will be afforded the same rights and opportunities as the respondent throughout the investigation and adjudication process.
  • They will be given periodic status updates throughout the investigation and adjudication process.
  • They may access Middlebury and/or external resources for medical and counseling services at any time.
  • They may choose to pursue a formal complaint with external law enforcement authorities or other federal or state agencies at any time, or they may decline to do so.
  • They may invite an advisor of their choice to accompany them at all meetings regarding the investigation and adjudication process.
  • They may submit one character reference letter.
  • They may meet with the HRO in person prior to the determination of a finding.
  • In the event of a finding of a policy violation, they may submit a Sanction Statement.
  • They will be informed in writing, simultaneously with the respondent, of the adjudication outcome, as well as the outcome of any appeal, to the extent permitted by law.
  • They will have the right to appeal the outcome in cases where a student is a respondent based on the grounds designated in this policy, provided they have participated in the investigation process. The JAO will provide written notification to a complainant of any applicable appeal procedures at the time the complainant receives notice of the outcome decision. Complainants wishing to appeal in cases involving faculty or staff respondents should consult the JAO for more information.
  • They may retain legal counsel at any time. Attorneys who wish to communicate with Middlebury about a case may contact Middlebury’s legal counsel directly. Attorneys who are asked to serve as an advisor during this process are subject to the same restrictions applicable to all advisors (see section D.7, below). 

Rights of Respondents
Individuals responding to complaints of sexual misconduct, domestic violence, dating violence, stalking or related retaliation that are being investigated and adjudicated by Middlebury can anticipate that:

  • They will be treated with sensitivity, dignity, respect and in an unbiased manner by all involved administrators, investigators and adjudicators.
  • They will be informed in writing that a complaint of sexual misconduct, domestic violence, dating violence, stalking or related retaliation against them is being investigated, and of any other related policy violations being explored through this investigation.
  • They will be advised of Middlebury’s Policy Against Sexual Misconduct, Domestic Violence, Dating Violence and Stalking.
  • They will be afforded the same rights and opportunities as the complainant throughout the investigation and adjudication process.
  • They will be given periodic status updates throughout the investigation and adjudication process.
  • They may access Middlebury College and/or external resources for medical and counseling services at any time.
  • They may invite an advisor of their choice to accompany them at all meetings regarding the investigation and adjudication process.
  • They may submit one character reference letter for consideration.
  • They may meet with the HRO in person prior to the determination of a finding.
  • In the event of a finding of a policy violation, they may submit a Sanction Statement.
  • They will be informed in writing, simultaneously with the complainant, of the adjudication outcome, as well as the outcome of any appeal, to the extent permitted by law.
  • If they are a student, they will have the right to appeal the outcome based on the grounds designated in this policy, provided that they have participated in the investigation process. The JAO will provide written notification to a respondent of any applicable appeal procedures at the time the respondent receives notice of the outcome decision. Faculty or staff respondents wishing to appeal should contact the JAO for more information.
  • They may retain legal counsel at any time. Attorneys who wish to communicate about a case with Middlebury may contact Middlebury’s legal counsel directly. Attorneys who are asked to serve as an advisor during this process are subject to the same restrictions applicable to all advisors (see Section D.7, below). 

(C) Complaint Receipt and Review

When the HRO or JAO, or designee (hereinafter referred to as the “HRO/JAO”) receives actual notice – i.e., a written or oral complaint or report directed to the HRO/JAO – of conduct that may constitute sexual misconduct, domestic violence, dating violence, stalking, or related retaliation as defined by this policy, Middlebury will initiate the following process, except as otherwise provided in subsection I, below:

1. The HRO/JAO will promptly determine whether the report or complaint alleges conduct that may be prohibited by this policy.

2. Prior to an investigation or adjudication, the HRO/JAO, Title IX Coordinator and/or designee will consider the complainant’s request for confidentiality, if any, in accordance with Section 3. Confidentiality, above.

3. If it is determined that the complaint will be investigated and adjudicated, the HRO/JAO will decide whether the JAO or designee will facilitate this process.

4. Upon receiving the complaint, and at any point during the investigation and adjudication process, the HRO/JAO may determine if a complaint of sexual misconduct, domestic violence, dating violence, stalking or related retaliation also contains allegations that, if proven, could constitute other forms of harassment or discrimination as defined by Middlebury’s Anti-Harassment/Discrimination Policy. If so, the other allegations of harassment or discrimination may be investigated and adjudicated in accordance with the procedures set forth herein.

In cases where the student is a respondent, if at any point prior to or during the investigation and adjudication process, the HRO/JAO becomes aware that Middlebury policies other than harassment or discrimination may have been violated in relation to the matter under investigation, these concerns may also be resolved by the HRO 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/JAO.

In all cases the parties will receive written notification if the HRO/JAO determines that additional possible policy violations will be investigated and adjudicated in accordance with the procedures set forth herein.

5. In cases where the HRO/JAO believes that the allegations, if proven, would not constitute a violation of this policy, the complainant will be advised of other judicial and support options as appropriate, and no further investigation will be pursued under this policy. If new information is subsequently provided to the HRO/JAO, this decision may be reevaluated.

(D) Investigation Overview

1. The HRO/JAO will provide a copy of this policy to the complainant and respondent, and will inform both parties in writing that Middlebury is investigating and adjudicating the possibility that the respondent may have committed sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation. This will include notification of any additional possible policy violations being investigated and adjudicated in relation to the incident.

2. Should a respondent who has been notified of an investigation/adjudication fail to cooperate with the investigator, the investigation may proceed, a finding may be reached, and a sanction may be imposed based on the information available.

3. A No Contact Order is normally issued to restrict contact and communication between the complainant and respondent for the duration of the investigation. In particularly serious cases, temporary removal of a student or employee from campus may be initiated by Middlebury at any time.

4. While not condoning infractions of any kind, Middlebury considers reporting incidents of sexual misconduct, domestic violence, dating violence, stalking and related retaliation to be of paramount importance. Therefore, to encourage reporting, Middlebury may, where appropriate, offer leniency with respect to other policy violations that may be revealed as a result of a report. The nature and scope of the leniency will depend on the particular circumstances involved. The Title IX Coordinator, HRO, JAO and/or other supervisory authority, as appropriate (in the case of faculty or staff), will have sole discretion in determining the appropriate course of action.

5. Middlebury may choose to discontinue an investigation at any time. The complainant may request that an investigation be discontinued at any time. Middlebury will attempt to honor the wishes of the complainant. However, to accommodate cases where compelling evidence suggests significant individual or community safety concerns, the decision to discontinue an investigation is within the sole discretion of Middlebury. Please see Section 3.D and E for a review of the factors to be considered in pursuing an investigation.

6. 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 recommend witnesses and submit evidence. However, the decision to interview particular witnesses or allow or consider evidence offered by the parties is within the discretion of the HRO/JAO and/or investigator.

7. Complainants and respondents are entitled to the same opportunities to have an advisor of their choice present at any interviews or meetings related to the investigation and adjudication process under this policy. Such advisors may advise the complainant or respondent privately, but cannot act as speaking advocates at a meeting. An investigator or other Middlebury representative may terminate meetings and proceed with the investigation or adjudication based on otherwise-available information if advisors refuse to comply with these requirements.

8. If a complainant or respondent is concerned that another person involved in the investigation or adjudication (such as, for example, an investigator, JAO, or HRO) may be biased or have a conflict of interest, the person should inform the HRO/JAO of that concern immediately. If this concern involves the HRO or the JAO, the complainant or respondent should inform the Title IX Coordinator. The HRO, JAO, or Title IX Coordinator, as applicable, will consider the concern and inform the parties of a decision as to whether an alternate will be named.

(E) Investigation

1. If it is determined that an investigation and adjudication should proceed under this policy, an investigator will be appointed to conduct an investigation that is appropriate under the circumstances, and is prompt, thorough, fair, equitable, objective and impartial.

2. Middlebury’s investigation and adjudication process does not require or permit the complainant and respondent to interact or communicate directly or indirectly with each other at any time. The parties are therefore not permitted to question or cross-examine each other during the course of the investigation. See E. 5 below for more information.

3. The investigator is authorized to contact any and all individuals with potentially relevant information. 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 discretion of the investigator and/or the HRO/JAO.

4. The HRO/JAO, 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 and/or No Trespass notices, temporary changes in assignment of duties or housing, changes in class schedules or class requirements, transportation accommodations, or other accommodations, if requested and reasonably available, to protect complaining parties on an interim basis. These measures can be taken, regardless of whether a complainant pursues a complaint under this policy.

5. The complainant and respondent will be asked to identify all relevant evidence they would like the investigator to review, as well as witnesses they would like the investigator to interview. Both parties may provide, if they wish, a list of questions they would like the investigator to ask of particular witnesses or of each other. The investigator is not required to consider the evidence submitted or interview any particular witness, even if identified by one of the parties, nor to ask questions provided by either party. However, in determining whether to interview witnesses or review evidence, the investigator should consider such factors as equity, fairness, thoroughness, and impartial treatment of both parties.

6. All participants in the investigation are expected to cooperate fully by providing complete, accurate, and truthful information. They may also be expected to sign statements or other documents memorializing the information they provided, and may be asked to keep the substance of the interview confidential. Failure to cooperate fully with the investigator may subject the individual to the full range of disciplinary actions, as applicable. 

7. Formal rules of evidence do not apply in the process described herein. In cases where an evidentiary or procedural question arises in connection with the investigation or adjudication process, the HRO/JAO may make a determination or refer the matter to the Title IX Coordinator or other appropriate Middlebury official for a decision.

8. At the conclusion of the investigation, the complainant and respondent may review the witness statements and other relevant materials. Both will have an opportunity to respond to this information in writing within seven days. 

9. The deadline for the receipt of the complainant’s and respondent’s written responses is also the deadline for receipt by the HRO/JAO of the character reference letters for each party.

10. If at any stage following the submission of these responses new relevant evidence is gathered, it will be shared with the complainant and respondent, who will have an opportunity to submit a written response within a time frame determined by the HRO/JAO. 

11. The complainant and respondent may request to see the other party’s written statement and character references once they have been submitted.

(F) Determination and Sanction

1. The investigator will submit a final report to the HRO. The final report will include all investigation materials deemed permissible, the complainant’s and respondent’s written responses, both parties’ character references, the investigator’s recommended finding of whether this policy and any additional policies being explored through this investigation have been violated, and the investigator’s rationale. This recommendation will be based on the standard of preponderance of evidence, i.e., whether it is more likely than not that the policy was violated.

2.  The HRO is responsible for making the determination of whether any Middlebury policy under investigation has been violated. 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 may consult with other persons as appropriate. 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.

3.  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. 

4. After review of the investigator’s report and recommended finding, the HRO shall issue a determination as to whether sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation (or a violation of other Middlebury policies, if applicable) occurred. The HRO’s determination will be based on a preponderance of the evidence standard.

5.  If the HRO finds that a staff or faculty member has engaged in conduct that violates this policy, the HRO will make a recommendation regarding discipline or other appropriate action to the appropriate supervisory authority for the program at issue (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). After review of the HRO’s recommendation, the supervisory authority may impose disciplinary action under existing policies and/or contracts, as applicable, including verbal warnings, written warnings, written reprimands, termination of employment, or other action as deemed appropriate under the circumstances.

6. If the HRO finds that a student has engaged in conduct that violates this policy (or other Middlebury policies under investigation), the HRO may invite each party to submit a Sanction Statement sharing any thoughts they would like the appropriate authority to consider when assigning a sanction. The HRO will then provide the case materials, and make a recommendation regarding discipline or other appropriate action, to the appropriate 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., 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 Writers’ Conference, director of MiddCore, dean of students, director of the School of the Environment, etc.), as applicable.

After a review of the HRO’s recommendation, the supervisory authority or authorities may impose disciplinary and/or other appropriate action. Prior conduct may be taken into account in the assignment of these actions. 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 enrolled or participating. It may also include 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 safe environment). Although sanctions for violation(s) of this policy can include any form of discipline as stated in this section, students found to have committed sexual assault will most likely receive a sanction of suspension or expulsion.  

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 at issue, as applicable, for disciplinary action such as verbal warnings, written warnings, written reprimands, termination of employment, or warnings, written reprimands, probationary status, official college discipline, suspension, or expulsion from Middlebury, or other action as deemed appropriate under the circumstances. Additional non-disciplinary outcomes, such as extending and modifying mutual No Contact Orders, may also be imposed regardless of the finding.

7. To the extent permitted by law, the complainant and respondent will be simultaneously informed, in writing, of (a) the HRO’s determination and the outcome of any disciplinary or other action arising out of an allegation of sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation; (b) Middlebury’s procedures for complainants and respondents to appeal the HRO’s decision and/or discipline and/or actions imposed, if applicable; (c) any change to the results of a disciplinary process that occurs prior to the time that such results become final; and (d) when such results become final.

8.  In cases where the respondent is a student, the complainant and the respondent each has the right to an appeal in accordance with the procedures in Section H, “Appeals,” below.

(G) Time Frames for the Investigation and Adjudication

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/JAO. 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/JAO. The HRO/JAO 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/JAO 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 finding regarding whether this policy and/or other Middlebury policies have been violated 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 (faculty and staff), or within 5 days after the deadline for submission of the Sanction Statements by the complainant and respondent (students). In faculty or staff matters, this time period may be shorter or longer depending on the circumstances, including any contractual rights of the parties.

 (H)  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 JAO will provide written notification to the complainant and the respondent of any applicable appeal procedures at the time the complainant and respondent receive notice of the outcome decision. To learn more about appeal options for cases involving staff or faculty respondents, please contact the JAO. 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, prior 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 appropriate 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 MiddCore students), the vice president for Language Schools, Schools Abroad and Graduate Programs (complaints against students enrolled in the Language Schools, Schools Abroad, Bread Loaf School of English, Bread Loaf Writers' Conference and School of the Environment), or the Institute’s CAO (complaints against Institute students), as applicable. See Appendix B for contact information.

In cases where the HRO refers the matter to multiple supervisory authorities for further disciplinary action in accordance with Section 10.F.6., above, an appeal of the sanction(s) issued in the other Middlebury program(s) can also be made to the appellate officer(s) for the other Middlebury program(s). 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 five days of receipt of the HRO’s determination or within five days of receipt of the decision regarding sanctions and/or other actions, if applicable, and must include the grounds for appeal and an outline of any supporting evidence. Parties may have access to the investigator’s report following the determination of a finding and sanction, if applicable, and prior to the deadline for submission of the appeal. 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 JAO, HRO and/or the appropriate disciplinary authority, if applicable, 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 one or more of the appeal grounds have been met, may:

  • return the case to the original HRO or the appropriate disciplinary authority, as appropriate, for reconsideration; or
  • appoint an Alternate HRO and/or disciplinary authority, as applicable, 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 JAO, 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 fifteen days, to the extent permitted by law, and will notify the JAO, HRO or disciplinary authority, as applicable, 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 five business days of written notification of the appeal outcome. The complainant may submit a response to the respondent’s final appeal within five business days of being provided with access to the respondent’s final appeal, to the extent permitted by law. The president of Middlebury College may reduce the sanction, if warranted, after consultation with the JAO, HRO, and/or other Middlebury officials, as appropriate (e.g., the VPAA, the vice president for Language Schools, Schools Abroad and Graduate Programs, the Institute’s CAO, or other official, as applicable). Absent extenuating circumstances, both parties will be notified of the final decision concurrently in writing within fifteen days of the deadline for the complainant’s response to the appeal, to the extent permitted by law.

(I) Disposition Without Adjudication

If at any point a respondent chooses to accept responsibility for violating all policies under investigation, the HRO will issue a determination and refer the matter to the appropriate supervisory authority or authorities for the program at issue in accordance with Section 10.F.6, above.  In all cases, the appropriate supervisory authority or authorities will issue a sanction and/or take other action that is reasonably calculated to address the prohibited conduct and prevent its recurrence.

11. 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 any of 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 10. F.6, 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.

12. Pending Discipline (Students)

A student will not be permitted to graduate or receive academic credit (or certification, if applicable) for a program in which they are enrolled 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 will be made in the student's permanent file that the student has withdrawn with a disciplinary matter pending, or with an appeal of a disciplinary outcome pending, as appropriate. In extraordinary circumstances, however, the appropriate supervisory authority may, after appropriate consultation, a review of the case, and consideration of Middlebury’s best interests, grant permission for a student to withdraw from Middlebury when a disciplinary matter is pending. Should the student be readmitted to Middlebury, the disciplinary matter must be resolved either before the student's return, or immediately upon the student's return.

13. Emergency Withdrawal, Suspension, or Expulsion (Students)

Middlebury reserves the right, notwithstanding and apart from the procedures described above, on an emergency basis, to suspend, expel 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 once the circumstances surrounding the student’s departure have been clarified.

Nothing in this policy should be read to limit Middlebury’s rights to terminate or suspend the employment of any staff or faculty member under otherwise-applicable Middlebury policies, practices, contracts, or procedures.

14. Training

Individuals conducting investigations and adjudications under this policy will receive training annually on the issues related to sexual misconduct, domestic violence, dating violence, stalking, and related retaliation and on how to conduct a fair, impartial and equitable investigation and/or adjudication process that protects the safety of complainants and promotes accountability.

15. Plans or Directives Issued by Middlebury Officials 

In any case in which a finding of sexual misconduct, domestic violence, dating violence, stalking or related retaliation has been issued, violation of a plan or directive to address the prohibited conduct may be grounds for further discipline.

16. Cooperation of All Parties

All witnesses identified 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.

17. Policy Access

This policy is available online at http://www.middlebury.edu/about/handbook/misc/SMDVS. Printed copies of the policy are also available upon request at several Middlebury offices, including dean of the College, dean of students, JAO, HRO, 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. 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 sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation relating to the conduct of the HRO or JAO 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 or JAO 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 or JAO, as appropriate.

18. Disabilities

Students registered with the Student Accessibility Services Office can request accommodations to ensure their full and equal participation in any conduct process and/or proceeding. Accommodation requests may be made directly to the JAO. Accommodations are determined on an individual basis in consultation with the ADA Coordinator. Employees with disabilities may contact Human Resources.

19. Record Keeping

The HRO and JAO will keep confidential records and/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/JAO 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 and JAO 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 HROs.



Appendix A: Applicable Definitions: U.S. State and Federal Law where Middlebury Operates Programs

 

VERMONT

Consent is defined to mean “words or actions by a person indicating a voluntary agreement to engage in a sexual act.”[3]

Sexual Assault:  Sexual assault is engaging in a sexual act with another person and compelling the other person to participate in a sexual act:

(1)  without the consent of the other person; or

(2) by threatening or coercing the other person; or

(3) by placing the other person in fear of imminent bodily injury.

No person shall engage in a sexual act with another person and substantially impair the ability of the other person by administering or employing drugs or intoxicants without the knowledge of or against the will of the other person.[4]

A “sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or object into the genital or anal opening of another.[5]

Domestic Violence:  Domestic assault is attempting to cause or to willfully or recklessly cause bodily injury to a family or household member or to wilfully cause a family or household member to fear imminent serious bodily injury.[6] “Household members” are those persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or have dated.[7] 

Dating Violence:  Domestic assault includes attempting to cause or to willfully or recklessly cause bodily injury to a person one is dating or has dated or to wilfully cause such person to fear imminent serious bodily injury.[8]  “Dating” is defined as a social relationship of a romantic nature.  Factors to consider in determining whether a dating relationship exists or existed, include:

(a) the nature of the relationship;

(b) the length of time the relationship has existed;

(c) the frequency of the interaction between the parties; and

(d) the length of time since the relationship ended, if applicable.[9] 

Stalking:  “Stalking” is defined to mean engaging in a course of conduct which consists of following, lying in wait for, or harassing a person, when such conduct:

(a)  serves no legitimate purpose; and

(b)  would cause a reasonable person to fear for his or her physical safety or health or would cause a reasonable person to suffer emotional distress. 

“Course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose. 

“Following” means maintaining, over a period of time, a visual or physical proximity to another person in such a manner as would cause a reasonable person to have a fear of unlawful sexual conduct, unlawful restraint, bodily injury or death. 

“Lying in wait” means hiding or being concealed for the purpose of attacking or harming another person. 

“Harassing” means actions directed at a specific person, or a member of the person’s family, which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including but not limited to verbal threats, written, telephonic, or other electronically communicated threats, vandalism, or physical contact without consent.[10]

CALIFORNIA

Consent means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.  A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution for rape, forcible acts of sexual penetration, sodomy or oral copulation.[11] Evidence that a victim suggested, requested, or otherwise communicated to the accused that the accused use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.[12]

Sexual Assault:  “Rape” is defined as an act of sexual intercourse accomplished:

(1)  where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent;

(2)  against a person’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury to the person or another;

(3)  where a person is prevented from resisting by any intoxicating or anesthetic substance, of any controlled substances, and this condition was known, or reasonably should have been known, to the accused; or

(4)  where a person is incapable of resisting, and this is known to the accused, because the person:

(a) was unconscious or asleep;

(b) was not aware, knowing, perceiving, or cognizant that the act occurred;

(c) was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the accused’s fraud in fact; or

(d) was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the accused’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.[13]

Any sexual penetration, however slight, is sufficient to complete the crime of rape.[14]

“Forcible acts of sexual penetration” is the act of causing penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the accused’s or another’s person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by an unknown object.[15]

“Sexual battery” is the touching of an intimate part of another person if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.  “Touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.  “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.[16]

Domestic Violence: Domestic violence means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the accused has had a child or is having or has had a dating or engagement relationship. A “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to:

(1) sexual relations between the parties while sharing the same living quarters;

(2) sharing of income or expenses;

(3) joint use or ownership of property;

(4) whether the parties hold themselves out as husband and wife;

(5) the continuity of the relationship; and

(6) the length of the relationship.[17] 

“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.[18]  California recognizes the crime of spousal rape.[19]

Dating Violence:  Domestic violence includes abuse committed against a person with whom the accused is having or has had a dating or engagement relationship.[20]  A “dating relationship” means frequent, intimate associates primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.[21]

Stalking:  “Stalking” means willfully, maliciously, and repeatedly following or harassing a person and making a credible threat with the intent to place that person in reasonable fear for his or her safety or the safety of his or her immediate family.

“Harassing” means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose.

“Course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. 

“Credible threat” means a verbal or written threat, including that performed through an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family.  It is not necessary to prove that the accused had the intent to actually carry out the threat.  The present incarceration of a person making the threat is not a bar to criminal prosecution.

“Electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, and pagers.

“Immediate family” means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.[22]

DISTRICT OF COLUMBIA

Consent, with respect to sexual abuse criminal offenses, is defined as “words or overt actions indicating a freely given agreement to the sexual act or contact in question. Lack of verbal or physical resistance or submission by the victim, resulting from the use of force, threats, or coercion by the defendant shall not constitute consent.”[23]

Sexual Assault:  Second degree sexual abuse is defined as engaging in or causing another person to engage in a sexual act:

(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or

(2) Where the person knows or has reason to know that the other person is:

(A) Incapable of appraising the nature of the conduct;

(B) Incapable of declining participation in that sexual act; or

(C) Incapable of communicating unwillingness to engage in that sexual act.[24]

A “sexual act” means (a) the penetration, however slight, of the anus or vulva of another by a penis; (b) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or (c) the penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.[25]  A sexual act does not require the emission of semen.[26]

Domestic Violence:  Domestic assault means “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner, dating partner, or family member. The term "domestic violence" includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.  This consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.[27] 

Dating Violence:  “Interpersonal violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person: (a) with whom the offender shares or has shared a mutual residence; or (b) who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with another person who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with the offender.[28]

“Intimate partner violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person: (a) to whom the offender is or was married; (b) with whom the offender is or was in a domestic partnership; or (c) with whom the offender is or was in a romantic, dating, or sexual relationship.[29]

Stalking:  “Stalking” is defined as purposefully engaging in a course of conduct directed at a specific individual:

(1) With the intent to cause that individual to:

(A) Fear for his or her safety or the safety of another person;

(B) Feel seriously alarmed, disturbed, or frightened; or

(C) Suffer emotional distress;

(2) That the person knows would cause that individual reasonably to:

(A) Fear for his or her safety or the safety of another person;

(B) Feel seriously alarmed, disturbed, or frightened; or

(C) Suffer emotional distress; or

(3) That the person should have known would cause a reasonable person in the individual's circumstances to:

(A) Fear for his or her safety or the safety of another person;

(B) Feel seriously alarmed, disturbed, or frightened; or

(C) Suffer emotional distress.[30]

“To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on two or more occasions.[31]  “Any means” includes the use of a telephone, mail, delivery service, e-mail, website, or other method of communication or any device.[32]

Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion and the conduct on each of the occasions need not be the same as it is on the others.[33]  This section does not apply to constitutionally protected activity.[34]

NEVADA

Consent:  There is no separate statutory definition for consent or nonconsensual sexual contact under Nevada law.  See the definition of sexual assault below.

Sexual Assault:  Sexual assault occurs where a person subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.[35]  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.[36]

Domestic Violence:  Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:

(a) A battery.

(b) An assault.

(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.

(d) A sexual assault.[37]

(e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a permit.

(7) Injuring or killing an animal.

(f) A false imprisonment.

(g) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.[38]

Dating Violence:  Domestic violence also includes the commission of the above-listed acts against a person with whom the perpetrator has had or is having a dating relationship.  “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.[39]

Harassment and Stalking:  “Harassment” is defined as, without lawful authority, to knowingly threaten:

(1) To cause bodily injury in the future to the person threatened or to any other person;

(2) To cause physical damage to the property of another person;

(3) To subject the person threatened or any other person to physical confinement or restraint; or

(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and

the person receiving the threat has a reasonable fear that the threat will be carried out.[40]

“Stalking” is defined as, without lawful authority, to willfully or maliciously engage in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member.[41] 

The crime of stalking also includes the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim.[42]

“Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.[43]

“Family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.[44]

“Text messaging” means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person's telephone or computer by addressing the communication to the recipient's telephone number.[45]

“Without lawful authority” includes acts which are initiated or continued without the victim's consent.[46]

NEW MEXICO

Consent:  There is no separate statutory definition for consent or nonconsensual sexual contact under New Mexico law but “force or coercion,” with respect to sexual offenses, is defined to include the perpetration of criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act.[47]

Sexual Assault:  "Sexual assault" under New Mexico law means the crime of criminal sexual penetration.[48]  “Criminal sexual penetration” is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.[49]

“Criminal sexual contact” is the unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts of another who has reached his eighteenth birthday, or intentionally causing another who has reached his eighteenth birthday to touch one's intimate parts.[50]  “Intimate parts” means the primary genital area, groin, buttocks, anus or breast.[51]

Domestic Violence:  The New Mexico Crimes Against Household Members Act prohibits assault and battery against household members.[52]A “household member” means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship.  Cohabitation is not necessary to be deemed a household member for the purposes of the Crimes Against Household Members Act.[53] “Assault” is an attempt to commit a battery against a household member or any unlawful act, threat or menacing conduct that causes a household member reasonably to believe that he or she is in danger of receiving an immediate battery.[54]  “Battery” is the unlawful, intentional touching or application of force to a household member, when done in a rude, insolent or angry manner.[55]

Dating Violence:  The definition of “household member” under the New Mexico Crimes Against Household Members Act includes a person with whom the perpetrator has had a continuing personal relationship A “continuing personal relationship” means a dating or intimate relationship.[56]

Harassment and Stalking:  “Harassment” consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose.  The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.[57]

“Stalking” consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual.[58]

“Lawful authority” means within the scope of lawful employment or constitutionally protected activity.[59]

“Pattern of conduct” means two or more acts, on more than one occasion, in which the alleged stalker by any action, method, device or means, directly, indirectly or through third parties, follows, monitors, surveils, threatens or communicates to or about a person.[60]

RHODE ISLAND

Consent: The term “mentally incapacitated,” with respect to sexual assault offenses, means a person who is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or who is mentally unable to communicate unwillingness to engage in the act.[61]

Sexual Assault:  Sexual assault is engaging in sexual penetration or sexual contact with another person when:

(1) the accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless;

(2) the accused uses force or coercion;

(3)  the accused, through concealment or by the element of surprise, is able to overcome the victim; or

(4) the accused engages in medical treatment or examination of the victim  for the purpose of sexual arousal, gratification or stimulation.[62]

“Sexual penetration” means sexual intercourse, cunnilingus, fellatio, and anal intercourse, or any other intrusion, however slight, by any part of a person's body or by any object into the genital or anal openings of another person's body, or the victim's own body upon the accused's instruction, but emission of semen is not required.[63]

"Sexual contact" means the intentional touching of the victim's or accused's intimate parts, clothed or unclothed, if that intentional touching can be reasonably construed as intended by the accused to be for the purpose of sexual arousal, gratification, or assault.[64]

"Intimate parts" means the genital or anal areas, groin, inner thigh, or buttock of any person or the breast of a female.[65]

"Physically helpless" means a person who is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.[66]

"Force or coercion" means (i) the use or threatened of a weapon; (ii) overcoming the victim through the application of physical force or physical violence; (iii) coercing the victim to submit by threatening to use force or violence on the victim and the victim reasonably believes the accused has the present ability to execute these threats; or (iv) coercing the victim to submit by threatening to at some time in the future murder, inflict serious bodily injury upon or kidnap the victim or any other person and the victim reasonably believes that the accused has the ability to execute this threat.[67]

It is not necessary to prove that the victim physically resisted the accused if the victim reasonably believed that resistance would be useless and might result in his or her serious bodily injury.[68]

Domestic Violence:  Under Rhode Island’s Domestic Violence Prevention Act, domestic violence includes, but is not limited to, the commission of any of the following crimes when committed by one family or household member against another:

(1) Simple assault;

(2) Felony assaults;

(3) Vandalism;

(4) Disorderly conduct;

(5) Trespass;

(6) Kidnapping;

(7) Child-snatching;

(8) Sexual assault;

(9) Homicide;

(10) Violation of a protective order;

(11) Stalking;

(12) Refusal to relinquish or to damage or to obstruct a telephone;

(13) Burglary and Unlawful Entry;

(14) Arson;

(15) Cyberstalking and cyberharassment; and

(16) Domestic assault by strangulation.[69]

­“Family or household member” means spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together.

Dating Violence: Domestic violence also includes the commission of the above-listed acts against a person with whom the accused is or has been in a substantive dating or engagement relationship within the past one year which shall be determined by the consideration of the following factors:

(1) the length of time of the relationship;

(2) the type of the relationship; and

(3) the frequency of the interaction between the parties.[70]

Stalking: “Stalking” is defined as (1) harassing another person; or (2) willfully, maliciously, and repeatedly following another person with the intent to place that person in reasonable fear of bodily injury.[71]

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose.[72]

“Harasses” means a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose.  The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.[73]

“Cyberstalking and cyberharassment” is defined as the transmission of any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family.

“Harassing” means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose.  The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.[74]

 

Definitions of Domestic Violence, Dating Violence and Stalking Under the Violence Against Women Act

Domestic Violence  (42. U.S.C. §13925)
The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Dating Violence (42 U.S.C.

Dating Violence (42. U.S.C. §13925)
The term “dating violence” means violence committed by a person:

(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B)  where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i)  The length of the relationship

(ii)  The type of relationship

(iii) The frequency of interaction between the persons involved in the relationship

Stalking  (42. U.S.C. §13925)
The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(A) fear for his safety or the safety of others; of

(B) suffer substantial emotional distress


Appendix B: Contact Information for Filing Complainants


Middlebury Administrators

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

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

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

*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 D, below.

**Middlebury’s human relations officer ("HRO") serves as the Title IX Coordinator’s designee for the purposes of coordinating sexual harassment training and education and overseeing investigations and adjudicating complaints under this policy and sexual harassment complaints and related retaliation under the Anti-Harassment/Discrimination policy. Alternate HROs serve in a similar capacity as the Title IX Coordinator’s designee(s) when the HRO is unavailable or has a conflict of interest.

***Middlebury’s Judicial Affairs Officer ("JAO") is the administrator and Title IX Coordinator’s designee responsible for facilitating the investigation and adjudication of sexual misconduct, domestic violence, dating violence, stalking and related retaliation. The JAO may serve as an informational resource for all parties involved in the adjudication process under this policy. The JAO is also the Title IX Coordinator’s designee responsible for facilitating the investigation and adjudication of sexual misconduct complaints in accordance with this policy. Other Middlebury officials may be designated to serve in this capacity as needed.


Federal/State Agencies

VERMONT

Emergencies: Dial 911

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.usU.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

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

 


Appendix C: 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 through Middlebury;

iii. issuance of a No Trespass Notice or No Contact Order;

iv. referral to institutional, local and national resources for services and accommodations;

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 Misconduct, Domestic Violence, Dating Violence, Stalking or Related Retaliation

To report a complaint of sexual misconduct, domestic violence, dating violence, stalking and/or related retaliation please contact the Human Relations Officer and the appropriate supervisory authority for the Middlebury program, listed in Appendix B. To report a complaint involving the conduct of an undergraduate student please contact the Judicial Affairs Officer. You may also contact the Department of Public Safety at 802.388.5133. (Please see Appendix B 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 (see, e.g., below). 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. See 6. Services and Accommodations above for more information.

Institutional, Local and State Resources 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 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.

Confidential Resources

On Campus
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 Parton. 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 through 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.

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.

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.

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
Middlebury’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.

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/

Institutional, Local and State Resources for Middlebury Programs Outside of Vermont

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

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

Planned Parenthood (Seaside)
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

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: 401.421.4100
Hotline: 800.494.8100

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

Planned Parenthood
Providence Health Center
111 Point Street
Providence, RI 02903
Telephone: 401-421-9620

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

Planned Parenthood
Downtown Center
1108 16th Street, NW
Washington, DC 20036
Telephone: 202-347-8512

Counseling Services

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


National 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)
1.800.656.HOPE [for men as well as women]
This comprehensive national resource includes a telephone and on-line hotline.
http://www.rainn.org

 


Appendix D: 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 B). 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, its Anti-Harassment/Discrimination Policy and this policy.

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 this policy.

Middlebury’s Human Relations Officer serves as the Title IX Coordinator’s designee for the purposes of overseeing investigations and adjudicating sexual misconduct and related retaliation complaints under this policy and sexual harassment and related retaliation complaints under Middlebury's Anti-Harassment/Discrimination Policy, respectively. 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.

 


 End Notes

[1] Under Title IX, third parties who participate in Middlebury’s programs or activities are protected from sexual misconduct, domestic violence, dating violence, stalking or related retaliation arising out of those programs or activities. Thus, any third party who participates in any Middlebury program or activity may report a complaint of sexual misconduct, domestic violence, dating violence, stalking or related retaliation under this policy, as applicable. Also, Middlebury will take appropriate action, to the extent practicable, in response to a report or complaint of sexual misconduct, domestic violence, dating violence, stalking or related retaliation by a student, faculty or staff member against a third party.    

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

[3] 13 V.S.A. § 3251(3), Sexual Assault - Definitions

[4] 13 V.S.A. § 3252, Sexual Assault

[5] 13 V.S.A. § 3251(1), Sexual Assault - Definitions

[6] 13 V.S.A. § 1042, Domestic Assault

[7] 15 V.S.A. § 1101(2), Domestic Relations, Abuse Prevention - Definitions

[8] 13 V.S.A. § 1042, Domestic Assault

[9] 15 V.S.A. § 1101(2), Domestic Relations, Abuse Prevention - Definitions

[10] 13 V.S.A. § 1061, Stalking - Definitions

[11] Cal. Penal Code § 261.6, Consent

[12] Cal. Penal Code § 261.7, Consent

[13] Cal. Penal Code § 261, Rape Defined (includes additional definitions not listed here such as threat to incarcerate, arrest or deport victim).

[14] Cal. Penal Code § 263, Rape - sufficiency of penetration.

[15] Cal. Penal Code § 289, Forcible acts of sexual penetration

[16] Cal. Penal Code § 243.4, Sexual Battery

[17] Cal. Penal Code § 13700(b), Definitions

[18] Cal. Penal Code § 13700(a), Definitions

[19] Cal. Penal Code § 262, Rape of a Spouse (the definition of spousal rape is essentially the same as the definition for rape).

[20] Cal. Penal Code § 13700(b), Definitions

[21] Cal. Penal Code § 243(f)(10), Battery

[22] Cal. Penal Code § 646.9, Stalking

[23] D.C. Code § 22-3001(4), Sexual Abuse, Definitions

[24] D.C. Code § 22-3003, Second Degree Sexual Abuse

[25] D.C. Code § 22-3001(8)(A)-(C), Sexual Abuse, Definitions

[26] D.C. Code § 22-3001(8)(D), Sexual Abuse, Definitions

[27] D.C. Code § 4-551(1), Domestic Violence Hotline, Definitions

[28] D.C. Code § 16-1001(6), Intrafamily Proceedings, Definitions

[29] D.C. Code § 16-1001(7), Intrafamily Proceedings, Definitions

[30] D.C. Code § 22-3133(a), Stalking

[31] D.C. Code § 22-3132(8), Stalking, Definitions

[32] D.C. Code § 22-3132(2), Stalking, Definitions

[33] D.C. Code § 22-3133(c)-(d), Stalking

[34] D.C. Code § 22-3133(b), Stalking

[35] Nev. Rev. Stat. § 200.366, Sexual Assault. 

[36] Nev. Rev. Stat.  § 200.364(5), Sexual Assault & Seduction, Definitions

[37] See also Nev. Rev. Stat.  § 200.373, Sexual assault of spouse by spouse (providing that it is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by the threat of force).

[38] Nev. Rev. Stat. § 33.018(1), Acts which constitute domestic violence

[39] Nev. Rev. Stat. § 33.018(2), Acts which constitute domestic violence

[40] Nev. Rev. Stat. § 200.571(1), Harassment - Definition

[41] Nev. Rev. Stat. § 200.575(1), Stalking - Definitions

[42] Nev. Rev. Stat. § 200.575(3), Stalking - Definitions

[43] Nev. Rev. Stat. § 200.575(6)(a), Stalking - Definitions

[44] Nev. Rev. Stat. § 200.575(6)(b), Stalking - Definitions

[45] Nev. Rev. Stat. § 200.575(6)(f), Stalking - Definitions

[46] Nev. Rev. Stat. § 200.575(6)(g), Stalking - Definitions

[47] N.M. Stat. Ann. § 30-9-10(A)(4), Sexual Offenses - Definitions

[48] N.M. Stat. Ann. § 24-10D-2(F), Sexual Assault Survivors Emergency Care Act - Definitions

[49] N.M. Stat. Ann. § 30-9-11(A), Criminal Sexual Penetration

[50] N.M. Stat. Ann. § 30-9-12(A), Criminal Sexual Contact

[51] N.M. Stat. Ann. § 30-9-12(E), Criminal Sexual Contact

[52] N.M. Stat. Ann. § 30-3-10, Assault and Battery

[53] N.M. Stat. Ann. § 30-3-11(A), Assault and Battery - Definitions

[54] N.M. Stat. Ann. § 30-3-12, Assault against a household member

[55] N.M. Stat. Ann. § 30-3-15, Battery against a household member

[56] N.M. Stat. Ann. § 30-3-11(B), Assault and Battery - Definitions

[57] N.M. Stat. Ann. § 30-3A-2(A), Harassment

[58] N.M. Stat. Ann. § 30-3A-3(A), Stalking

[59] N.M. Stat. Ann. § 30-3A-3(B)(1), Stalking

[60] N.M. Stat. Ann. § 30-3A-3(B)(2), Stalking

[61] R.I Gen. Laws § 11-37-1(5), Sexual Assault - Definitions

[62] R.I Gen. Laws § 11-37-3, First Degree Sexual Assault  and, § 11-37-4, Second Degree Sexual Assault

[63] R.I Gen. Laws § 11-37-1(8), Sexual Assault - Definitions

[64] R.I Gen. Laws § 11-37-1(7), Sexual Assault - Definitions

[65] R.I Gen. Laws § 11-37-1(3), Sexual Assault - Definitions

[66] R.I Gen. Laws  § 11-37-1(6), Sexual Assault - Definitions

[67] R.I Gen. Laws § 11-37-1(2), Sexual Assault - Definitions

[68] R.I Gen. Laws § 11-37-12, Proof of resistance unnecessary

[69] R.I Gen. Laws § 12-29-2(a), Domestic Violence Prevention Act - Definitions

[70] R.I Gen. Laws § 12-29-2(b), Domestic Violence Prevention Act - Definitions

[71] R.I Gen. Laws § 11-59-2(a), Stalking

[72] R.I Gen. Laws § 11-59-1(1), Stalking - Definitions

[73] R.I Gen. Laws § 11-59-1(2), Stalking - Definitions

[74] R.I Gen. Laws § 11-52-4.2(a), Cyberstalking and Cyberharassment