Academic Disciplinary Policies

Academic Disciplinary Policies

A. Introduction

As an academic community devoted to the life of the mind, Middlebury College requires of every student complete intellectual honesty in the preparation of all assigned academic work.

B. Academic Honesty

1. Definitions

a. Plagiarism

Plagiarism is a violation of intellectual honesty. Plagiarism is passing off another person's work as one's own. It is taking and presenting as one's own the ideas, research, writings, creations, or inventions of another. It makes no difference whether the source is a student or a professional in some field. For example, in written work, whenever as much as a sentence or key phrase is taken from the work of another without specific citation of the source, the issue of plagiarism arises.

Paraphrasing is the close restatement of another's idea using approximately the language of the original. Paraphrasing without acknowledgment of authorship is also plagiarism and is as serious a violation as an unacknowledged quotation.

b. Cheating

Cheating is defined as giving or attempting to give or receive during an examination any aid unauthorized by the instructor.

An examination is any quiz, pre-announced test, hourly examination, or final examination. Take-home(s) examinations will ordinarily be considered as examinations.

c. Duplicate Use of Written Work

A paper submitted to meet the requirements of a particular course is assumed to be work completed for that course; the same paper, or substantially similar papers, may not be used to meet the requirements of two different courses, in the same or different terms, without the prior consent of each faculty member involved. Students incorporating similar material in more than one paper are required to confirm each professor's expectations in advance.

2. Student Responsibilities

It is the responsibility of the student to sign the Honor Code pledge on all examinations, research papers, and laboratory reports. Faculty members reserve the right to require the signed Honor Code pledge on other kinds of assigned academic work. The student must write in full and sign the statement, "I have neither given nor received unauthorized aid on this assignment."

Graded assignments should be the work of the individual student, unless otherwise directed by the instructor.

The individual student is responsible for ensuring that his or her work does not involve plagiarism. Ignorance of the nature of plagiarism or of College rules may not be offered as a mitigating circumstance.

Students with uncertainties and questions on matters relating to footnoting, citation of sources, paraphrasing lecture notes, and proper recognition of collaborative work on homework assignments and laboratory reports should consult with the course instructor for whom they are preparing work.

3. Role of the Faculty

At the beginning of each term, instructors are strongly encouraged to discuss or include on their syllabus the College's policies governing academic honesty as they relate to a particular course.

Faculty reserve the right to require the signed Honor Code pledge before grading any assigned academic work.

Questions or concerns regarding the faculty's role under the Honor Code may be directed to the Judicial Affairs Officer.

C. Undergraduate Honor System

In 2001, both the student body and the faculty reaffirmed their commitment to the Honor Code through a student referendum and faculty ratification.

Constitution of the Undergraduate Honor System

All assigned academic work is conducted under the terms of the Undergraduate Honor System, which follows in full:

Preamble

The students of Middlebury College believe that individual undergraduates must assume responsibility for their own integrity on all assigned academic work. This constitution has been written and implemented by students in a community of individuals that values academic integrity as a way of life. The Middlebury student body, then, declares its commitment to an honor system that fosters moral growth and to a code that will not tolerate academic dishonesty in the College community.

Article I: Honor System

a. Before enrolling in Middlebury College each student must agree to abide by and uphold this honor system. Additional commitments to the honor system should be part of orientation week activities.

b. The Academic Judicial Board shall prepare a statement for all incoming students describing the aims and operation of the academic honor system. The Academic Judicial Board will be responsible for an orientation session during orientation week so that all new students fully understand the system.

c. The Academic Judicial Board will meet annually at the beginning of the fall term with deans from the Office of the Dean of the College, the Community Judicial Board, and the Judicial Appeals Board to review the honor system and to orient new members.

Article II: Examination Procedure

a. Only authorized materials may be used during an examination.

b. No proctors will be present during examinations, unless specific authorization has been given by the Academic Judicial Board.

c. The Academic Judicial Board may grant an instructor permission to proctor an examination in his or her course when the instructor has demonstrated to the board that there is a reasonable suspicion that there are students cheating in examinations in the course. Authorization will apply only to a single examination and must be renewed in every case by the same procedure.

d. When an instructor's presence in the exam is required because of the nature of the exam (e.g., slides), the instructor should receive permission from the administrative co-chair of the Academic Judicial Board and notify the class in advance.

e. The instructor will remain in the examination room for no more than 15 minutes after the start of an examination. He or she may return during the examination to check on any further problems that students may have with examination questions or general procedure, only if he or she announces his or her intention to do so at the beginning of the examination. Instructors will remain in the general area for questions for the duration of the examination period.

f. During the examination each student will have complete freedom of action providing he or she does not interfere with the work of others. Except in the case of take-home examinations, no examination papers will be taken from the room except to consult with the instructor.

Article III: Violations of the Honor Code, Procedures, and Disciplinary Actions

a. Any member of the College community (student, faculty, or administrator) who is aware of a case of academic dishonesty is morally obligated to report it to the Academic Judicial Board through the Judicial Affairs Officer.

b. Those who cheat are morally obliged to report their own offense to the Academic Judicial Board.

c. The Academic Judicial Board will schedule a hearing for the accused. The accused will be allowed to introduce evidence or witnesses in his or her defense. The presence of the accuser in person is required at the hearing.

d. If seven members of the Academic Judicial Board are present, six votes are needed for a decision of guilt. If six members are present, five votes are needed.

e. Any infraction of the honor system is normally punishable by suspension from the College. However, the penalty may be modified when, in the opinion of the Academic Judicial Board, conclusive reasons warrant such action.

f. Should the accused be found not guilty, all records of the proceeding will be destroyed.

g. Right of Appeal: A student found guilty of an offense will have the right of appeal to the Judicial Appeals Board in all cases.

h. All deliberations of the Academic Judicial Board concerning violations of the honor system will be conducted in confidence.

Article IV: Amendment Procedures and Review Committee

a. This constitution (B. Undergraduate Honor System: Preamble and Articles I-IV) may be amended by a referendum in which two-thirds of all students who are currently registered for classes vote, and in which two-thirds of those voting support the change, subject to ratification by the faculty. Community Council, the faculty, or the Honor Code Review Committee can suggest changes to other aspects of the judicial system by making recommendations. Those recommendations would eventually need to be ratified by the Community Council, which forwards them to Faculty Council for review, and then to the faculty for final approval.

b. At least every fourth year, a committee consisting of two faculty members, two students (one of whom will be the current co-chair of the Academic Judicial Board), and a dean from the Office of the Dean of the College shall examine the honor system and its operation and make any appropriate recommendations for revision to the faculty and the Community Council. Faculty members will be selected by the Faculty Council, the second student member by the Student Government Association, and the dean from the Office of the Dean of the College.

 

Community Standards and General Policies

Middlebury College requires all its faculty, staff, and students to adhere to certain policies and regulations. These regulations, which differ for different segments of the College community, are all designed to further the educational goals of the College. The College's central purpose is to develop the life of the mind in the fullest sense: to foster clear and critical thinking; to disseminate valuable information; to facilitate research; and to enrich the imagination, broaden sympathy, and deepen insight. The College seeks to help each student develop the capacity to contribute to society and find personal fulfillment. Whatever promotes learning and human growth is encouraged by the College; whatever hinders it is opposed. The College's policies and regulations, which are always open to review, are formulated with this general principle in mind.

In addition to fostering the growth of its individual students, Middlebury College recognizes its obligation to promote the welfare of the College community as a whole and to take appropriate action when that welfare is jeopardized. To that end, the College reserves the right, notwithstanding and apart from the procedures described below, on an emergency basis, to suspend, dismiss, or require to withdraw any student whose presence is determined by College authorities (the dean of the College; the vice president for Language Schools, Schools Abroad and Graduate Programs; the director of the Bread Loaf School of English; or the director of the Bread Loaf Writers' Conference, as appropriate) to pose a danger to self, the College community, or its members, or to be unduly disruptive of College life. The College recognizes that its students are citizens of larger communities – local, state, and federal –and should enjoy the same rights of petition and freedoms of speech and peaceful assembly that other citizens enjoy. Faculty and administrative officials should ensure that College authority is not used to inhibit that intellectual and personal growth of students, fostered by the exercise of the rights of citizenship, both on and off campus.

College disciplinary action is distinct from and not dependent upon the outcome of any legal proceedings involving a student, although conduct that forms the basis for legal proceedings may also warrant disciplinary action by the College, and conviction of a crime may in itself justify disciplinary action.

The College will hear complaints pertaining to conduct of Middlebury College students occurring on Middlebury College property (including the Bread Loaf campus, the main campus, or Middlebury College campuses abroad), or in Middlebury or its environs. The College will also consider hearing cases involving Middlebury College students that occur off campus if the incident occurs while the students are participating in an official College event, program, or are on official College business. The College's disciplinary process will not be used merely to duplicate the function of federal, state, or local laws, but where the institution's distinct interests as an academic community are involved, the College may invoke its disciplinary authority in response to infractions of the laws of the off-campus community. 

If the College determines that the complaint will not be heard on campus, the avenue for the victim to seek redress will be legal action (civil and/or criminal).  The College may offer assistance to a student facing civil or criminal legal proceedings, by apprising the student of sources of legal counsel, for example, but the College will endeavor not to interfere in any such proceedings. Students should also be aware that College officials and other students may, like all persons, be compelled to give testimony or evidence if subject to the subpoena power of a court. 

While students are enrolled at the College, they must inform the College of any occasion on which they are charged with a felony by state or federal authorities. Failure to do so may itself result in disciplinary action.

A. General Regulations

Flagrant disrespect for persons, flouting of common standards of decency, behavior unbecoming of a Middlebury student, or continued behavior that demonstrates contempt for the generally accepted values of the intellectual community may result in disciplinary action.

1. Respect for Persons and Property

The College expects all members of the College community to respect the dignity, freedom, and rights of others. Violence in word or deed against another; incitement or provocation to violence; conduct that exploits or coerces another; theft or the destruction of another's property; prevention of another's free expression of ideas by intimidation, abuse, or physical force; defamation; violation of another's privacy; unauthorized entry and, specifically, uninvited hostile presence in another's room or office, are all considered serious offenses. Any one offense may lead to disciplinary proceedings with penalties up to and including suspension or expulsion.

Where verbal or physical altercation has occurred, where harassment or hazing has been alleged, or where otherwise deemed appropriate under the circumstances, the deans have authority to issue a "no contact" order to the persons involved, whether or not disciplinary action is taken. Refusal to adhere to the order after notification of its terms, which notification may be verbal, may lead to disciplinary proceedings, up to and including suspension or expulsion.

The College has adopted a statement on harassment, which states the College's opposition to any form of sexual, racial, ethnic, religious, or other forms of harassment, as prohibited by the College's policies. It also sets forth procedures to be followed in the event of an incident of such harassment.

2. Hazing

The College prohibits hazing activities, whether by an individual or an organization. Conduct may be considered hazing if it

  (a) endangers the mental health, physical well being, safety, or rights of any individual;

  (b) is intended to or is reasonably likely to result in humiliation, physical or emotional injury, or

  (c) leads to a violation of Vermont state law or Middlebury College policies.

Conduct is still hazing even if the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

Examples of prohibited individual/group activities include but are not limited to the following:

  (a) requiring participation in activities that by design do not allow adequate time for study;

  (b) requiring the use of alcohol in any process or activity;

  (c) requiring nudity at any time;

  (d) throwing substances or objects at individuals with intent to harm;

  (e) vandalizing, defacing, or stealing any property;

  (f) verbal abuse or threatening physical harm;

  (g) assigning unreasonable chores;

  (h) forcing a person to eat something against his or her will;

or

  (i) requiring excessive exercise.

Hazing activity may lead to disciplinary proceedings with penalties up to and including suspension or expulsion. Hazing may also lead to the termination of a student organization.

3. Respect for the Educational Function of the College

Any disruption of the educational function of the College is considered a serious offense, which may lead to disciplinary proceedings and carry a maximum penalty of dismissal.

4. Respect for College Officials

Middlebury College vests many employees with specific duties and authority to effect the purposes of the institution. Faculty; deans; administrative, custodial, dining, and library staff; Public Safety officers; first year counselors; resident assistants; and Commons residence advisers are all College officials with authority commensurate with their duties. Failure to respect the lawful authority of College officials may result in disciplinary action. Students are expected to identify themselves by showing their College identification card upon request of College officials.
[updated 16-Oct-2007; "first year counselors" replaces "junior counselors"]

5. Respect for College Property

The Middlebury College campus, its residence halls, institutional facilities, other buildings, furnishings, and supplies are provided for the general and continuing use of the community. Theft of or damage to College property is considered a serious offense, which may lead to disciplinary proceedings with penalties up to and including suspension or expulsion.

a. College Facilities: Unauthorized entry into closed or restricted areas of the College, including roofs of buildings, may result in disciplinary procedures.

b. Library Resources: The Middlebury College library is committed to maintaining collections that exist as common resources to be shared, preserved, and respected in a manner guaranteeing protection for future users. The ethical use of library materials involves acceptance of this principle and appropriate conduct regarding library collections. Inappropriate use includes, but is not limited to:

i. writing upon, defacing, tearing, cutting, mutilating, or destroying books or other library property;

ii. willful concealment of a book or other library property on one's person or among one's belongings while attempting to leave, or leaving the premises of the library without formal borrowing through the circulation desk;

iii. the willful concealment of a book or other library property within the library;

iv. the willful removal of a book or other library property in contravention of library regulations;

v. the intentional alteration or destruction of library ownership records; or

vi. the willful retention of library materials beyond their stated loan periods.

Inappropriate use as defined above will be referred to the Judicial Affairs Officer and is subject to disciplinary proceedings.

c. College Store: Theft from the College Store is a serious infraction and will lead to disciplinary proceedings.

d. College Equipment: Students who use instructional and other College equipment are expected to return it on time and to maintain and care for it. Failure to comply with these regulations may lead to disciplinary proceedings.

e. Furnishings: College furnishings provided in lounges and other public spaces belong in those spaces. The presence of such College furnishings in a student's room is a violation of College policy and may result in a $50 fine and disciplinary proceedings.

f. Dining Facilities: Removal of food, dishes, utensils, etc., from College dining facilities (including the Grille, Rehearsals Café, Golf Course, and Snow Bowl) may result in a $35 fine and disciplinary proceedings.

g. Disposition of College Property: Disposition of College property to another under the pretense that it is one's own is not permitted and may result in a $50 fine and disciplinary proceedings.

h. Vandalism and Physical Damage: The minimum penalty for damage or vandalism, whether in a dormitory or other College facility, is payment of the cost of repair or replacement. Students found guilty through a judicial hearing, or by a Commons dean, of vandalizing property may be fined $100, in addition to being assessed the costs of repairs or replacement. If an individual voluntarily turns himself or herself in to their Commons dean, the sanction may be lessened.

i. Theft of Services: Unauthorized use of College services, which includes unauthorized use of telephone services, is prohibited and violators are subject to disciplinary proceedings.

Students should be advised that theft or destruction of College property may constitute a criminal offense, as well as a violation of College regulations, and the College may report the theft or destruction of property to appropriate law enforcement authorities.

6. Dining Room Regulations

Students who eat in a College dining room without a board contract and without having paid for the particular meal will be charged for the meal and are subject to a $35 fine and disciplinary procedures.  Students providing food from the dining hall to those without contracts will be subject to a meal charge, a $35 fine, and disciplinary procedures.  Repeated offenses may lead to suspension for at least one term.

Theft of removal of food, dishes, utensils, etc., from the College dining facilities (including the Grille, the Juice Bar, Rehearsals Café, the Redfield Room, Midd Xpress, the Golf Course and Snow Bowl snack bars) is prohibited and may result in a minimum $35 fine, plus disciplinary procedures.

Students are not permitted to enter dining facilities through "back door" entrances.  Repeated offenses may lead to a suspension of at least one term.

Smoking is prohibited in all dining areas.

In accordance with Vermont state health regulations, shoes and shirts are required in the dining rooms.  Due to health and safety concerns, roller blades, cleats, and muddy attire are not permitted. 

Sexual Assault Policy

General Provisions

Middlebury College policies strictly prohibit sexual harassment and sexual assault. The College's  harassment policy prohibits many forms of harassment including sexual harassment and examples of such behaviors are outlined in the policy statement. It should be recognized that sexual harassment includes a range of behaviors up to and including coerced sexual contact that may involve coerced sexual intercourse (i.e., sexual assault). 

The harassment policy applies to faculty, staff, and students. This means that a member of the faculty, staff, or a student may choose to bring a charge of sexual assault under the harassment policy and procedures when applicable. For example, if a student is sexually assaulted by a staff person or faculty member, the student may choose to bring a complaint against that staff person or faculty member under the college sexual harassment policy, if applicable.  Also, if a faculty member is sexually assaulted by a student, the faculty member may bring a charge of sexual assault against the student under the college sexual harassment policy, if applicable.

The College also has a separate sexual assault policy, which governs only the behavior of students and as such only Middlebury students, faculty or staff may file complaints against Middlebury students under this policy. If a student has been sexually assaulted by another student, and chooses to file a complaint under college policy, the student filing the complaint may pursue redress under either the sexual harassment policy or the sexual assault policy, but not both.

All members of the college community (faculty, staff and students) have the right to pursue sexual assault and sexual harassment charges beyond the College, utilizing local, state, or federal enforcement agencies as is appropriate, regardless of whether they choose to file a complaint on campus.

Additional information on sexual assault and sexual harassment can be found on the Web.  Printed copies of the Sexual Harassment and Sexual Assault Policies are also available at the Office of Public Safety and in the Commons offices.

Middlebury College Sexual Assault Policy

As an educational institution, Middlebury College is committed to promoting, through educational and awareness-raising activities, a campus environment where sexual assault and exploitation are recognized as wholly unacceptable, and where survivors of sexual assault are provided support and avenues of redress as appropriate.

As an educational institution, Middlebury College is committed to promoting, through educational and awareness-raising activities, a campus environment where sexual assault and exploitation are recognized as wholly unacceptable, and where survivors of sexual assault are provided support and avenues of redress as appropriate.

Sexual assault, including rape, is a form of violence used to exert power and control over another person. Sexual assault is defined as including:

Engaging in a sexual act with another person:

1. By compelling the other person to participate in a sexual act without consent; or
2. By threatening or coercing the other person; or
3. By placing the other person in fear that any person will suffer imminent bodily injury; or
4. Having impaired substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.

In addition, sexual assault also includes a person engaging in a sexual act with another person when that other person:

1. Is mentally incapable of understanding, or for any reason, including intoxication, is unaware of the sexual act; or
2. Is physically incapable of resisting or of communicating an unwillingness to participate; or
3. Is under the age of 16.

For purposes of this policy, a "sexual act" is defined as meaning 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 any object into the genital or anal opening of another.

Sexual assault and attempted sexual assault violate Middlebury College policy, and are prohibited. Students found to have violated this policy are subject to disciplinary sanctions up to and including expulsion from the College. Conduct that violates Middlebury College policy may also violate Vermont law.

Formal charges of sexual assault are to be filed with the dean of the College. If you choose to file a formal complaint you will be asked to put your complaint in writing. An investigation and hearing will be conducted.  If the accused is found guilty , disciplinary action will be taken.

A student who believes he or she may have experienced sexual assault is encouraged to seek medical care and supportive counseling as soon as possible. Evidence of such an assault may be collected during a medical examination at Parton Health Center by a Sexual Assault Nurse Examiner (SANE) after an assault has occurred.

We encourage you to seek assistance from the many campus and community resources available to you.  

Summary of Resources for Survivors of Sexual Assault or Attempted Sexual Assault

A student who believes he or she has experienced sexual assault may file a formal complaint at the College and/or pursue criminal charges or legal remedies.

On behalf of the College, the deans have several options that they can offer to a survivor of sexual assault, as appropriate to the circumstances , including:

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

ii. assistance with filing charges through the College judicial system;

iii. facilitation of a mediated discussion with the alleged perpetrator;

iv. issuance of a no-trespass or no-contact letter;

v. referral to counseling and other support services;

vi. academic allowances or changes in living arrangements; and

vii. assistance in notifying proper law enforcement authorities, if the student so chooses.

Students are encouraged to report incidents of sexual assault to the Department of Public Safety, the Office of the Dean of the College and/or the Middlebury Police Department, and to seek medical care and supportive counseling. 

Confidentiality

In general, the law recognizes and protects the confidentiality of communications between a person seeking care, on the one hand, and a medical or mental health professional or religious advisor, on the other hand.  The medical, mental health, and religious professionals at Middlebury College respect and protect confidential communications from students.  Medical and mental health professionals are required by law, however, to report any incident of sexual assault of a person under 18; and any recipient of a confidential communication may have to breach that confidence where there is perceived to be an immediate and serious threat to self, others, or property.

Campus Resources

Parton Health Center, Ext. 5135

Two Sexual Assault Nurse Examiners (SANE) are on staff at Parton Health Center to coordinate the physical and psychosocial care of the sexually assaulted patient. They have received specialized training to provide comprehensive care to victims of sexual assault including physical assessment and collection of forensic evidence using a Sexual Assault Evidence Kit ("Rape Kit").  They are on-call 24 hours a day.  Please see information under Community Resources:   Porter Hospital Emergency Room below.  Registered nurses, a physician, and nurse practitioners are available as an adjunct to the SANE's to provide medical care ,  testing, support, information on pregnancy and sexually transmitted diseases, emergency contraception and referrals. Care to students is provided at no cost.  Lab tests done at the Health Center or outside lab tests or medical care will be paid for by the Vermont State Victim's Compensation Fund at the student's request.   Services are confidential and information is not shared without the student's written permission, with the limited exceptions stated above, where there is an immediate threat to a person's life or safety, or where a person under the age of 18 has been sexually assaulted.

Center for Counseling and Human Relations, Ext. 5141

Individual short-term and crisis counseling is available.  These services are confidential, except in the limited circumstances described.  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.  If you need to speak with a counselor after 5:00 p.m. or on a weekend, call the Health Center and the nurse on duty will call a counselor for you.

College Chaplain, Ext. 5626

The College Chaplains are available to provide supportive and confidential counseling.

Department of Public Safety, Ext. 5911.

If you have been sexually assaulted, you are encouraged to report the incident to the Department of Public Safety .  Public Safety is available to provide transportation to Parton Health Center or to the Porter Medical Center Emergency Room.  Upon receiving a report of sexual assault, Public Safety may alert the campus and community that a sexual assault has occurred if there is concern about further risk to others.  The warning will be general and will not specify your name or other identifying information.  Reports of sexual assault made to Public Safety will result in the notification of the sexual assault incident to the dean of the College, your Commons dean, and the Health Center.  Reporting a sexual assault to Public Safety does not commit you to pursuing a judicial complaint.

The Commons Deans and the Office of the Dean of the Collge

The Commons deans are available to support you by arranging extensions on academic assignments, reassessing course load and/or making changes in housing assignments, etc., when necessary, appropriate, and feasible.  The deans in the Office of the Dean of the College can also assist you.  In a student-to-student sexual assault situation, you do not have to file a formal complaint in order to request help from the deans.

Formal charges of sexual assault may be filed with the dean of your Commons, or the dean of the College. You may consult with any of the resources mentioned to determine your options.  If you choose to file a formal written complaint, an investigation and judicial hearing will be conducted.  Disciplinary action will be taken if the alleged offender is found guilty.

Human Relations Officer, Ext. 5615

In some instances, filing a formal complaint through the College sexual harassment complaint process may be appropriate. For more information you may contact the Human Relations Officer, Shirley Ramirez, ext. 5615.
[updated 31-Jan-2008: revised contact name & phone]

Community Resources:

WomenSafe  388-4205 or 800-388-4205

Support, counseling, and advocacy services are available 24 hours per day.  Despite the name, services are available to both women and men. The services are confidential, to the extent permitted by law.

SafeSpace  (802) 863-0003

SafeSpace describes itself as a "social change and service organization working to end violence in the lives of lesbian, gay, bisexual, transgender, queer and questioning people."  Services include support for survivors, advocacy with and on behalf of survivors in court, at the hospital, and with police and other service agencies.  Hours to call are Monday – Friday, 8:00 a.m. to 5:00 p.m.

Porter Hospital Emergency Room  388-4701

Our local hospital is available to provide medical treatment and to collect physical evidence.  Porter Hospital has specially trained Sexual Assault Nurse Examiners to collect the necessary evidence.  Having evidence collected does not commit you to notifying police of the assault .   It will allow you to preserve evidence while you take time to decide if you want to report the sexual assault to police.  A lengthy delay in reporting the assault to police may make the case more difficult to prove.  If you bathe before having evidence collected, then you may be washing away valuable evidence of the crime.  If you are under the age of 18, medical personnel will be required to notify police of the assault.   The Victim's Compensation Fund is available to pay for most medical and other expenses.

Statewide Emergency Number (800) 489-RAPE

This number will automatically connect the caller with the local Domestic Violence/Sexual Assault program.

For Victims with Disabilities (800) 489-7273

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

Middlebury Police
388-3191
or
Vermont State Police
388-4919

You may 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.

In Vermont, reporting the assault to the police will result in an investigation of the crime.  Police will interview you and take a detailed statement of what occurred.  You may have persons present with you during the interview to provide emotional support.   The police will also interview witnesses, collect any physical evidence, and attempt to interview the assailant.

You should provide the names of any witnesses to the crime or names of any witnesses who saw you and the assailant together immediately before or after the assault.  Police will interview witnesses, collect physical evidence (clothing worn at the time, bed clothes, condoms, condom wrappers, items handled by the assailant), photograph any injuries and will attempt to find and interview the assailant.

Once the investigation is completed, the police will bring the paperwork to the State's Attorney who will decide what, if any, charges should be filed.  It is the State's Attorney's decision alone as to whether charges are filed.

If charges are filed, the State's Attorney's Office will provide you with more information regarding procedures, and your rights during a criminal judicial process.  The Victim's Assistant at the State's Attorney's Office will provide you with information regarding counseling, and restitution for medical or other expenses, and will keep you advised as to the progress of the case while it is pending.

If charges are filed, you will be expected to attend an informal meeting where you will be questioned under oath by the defense attorney.  This is called a deposition.  The State's Attorney will be present at the meeting and will make sure that you are treated with dignity and respect.  In Vermont, questioning regarding a survivor's sexual history is not permitted at any time during the case.

Although most cases are settled without a trial, you may be required to appear in court and testify regarding the details of the assault.  The Vermont media generally have a policy of not reporting the name of the survivor in any news accounts of the trial or other proceedings.

During the time the case is pending the defendant will not be permitted to have any contact with you.

The telephone number for the Addison County State's Attorney's Office is 388-7931

Pursuing a Formal Complaint on Campus, and Campus Judicial Procedures

Whether or not to file a complaint with the College is up to the student who is the survivor of an assault.  A student who believes he/she has been assaulted by another student may speak with the Commons deans or deans from the Office of the Dean of the College about the incident and seek their support without pursuing formal action. 

In the unusual circumstance in which a dean determines there is significant risk to members of the College community, the dean may be obligated to pursue action to protect the community.  The dean is obligated to report allegations against a faculty or staff member to the designated College administrative office for appropriate action.

Judicial Procedures

Should a student choose to file charges through the college judicial system, the judicial hearing process will follow the procedures outlined in the Judicial Boards and Procedures section of the Middlebury College Handbook  Campus judicial hearings are less formal than courtroom proceedings.  They are intended to avoid intimidation of the person bringing the charge, while respecting the rights of the accused person to fair proceedings and an impartial hearing.

Special note should be given to the following procedures:

i.  Jurisdiction

Sexual assault charges against a Middlebury student will be heard by the Community Judicial Board.  A letter transmitting the charges will be given to the party charged. 

ii.  Support Person

The party charged and the party originating the charge may each bring an adviser who is a member of the College community.  The advisers may be consulted by their advisees during the hearing, but, unless specifically invited, may not otherwise participate in the proceedings.  In addition, either party may bring a member of the College community as a character witness.  Prior to the commencement of the hearing, each student shall provide the chair with the names of persons serving as advisers and/or character witnesses.

iii.  Privacy 

Students should know that reports made to the Department of Public Safety will be shared with the student's Commons dean, the dean of the College, and the Health Center. Reports made directly to the Health Center and the Counseling Center are considered confidential medical records, and will not be shared with other College offices without the student's consent. Reports or records maintained by the College (including medical records) may, however, be subject to subpoena if a civil or criminal charge is filed in court.

Campus judicial hearings on sexual assault charges are closed. However, if either party requests that the hearing be "open" and both parties agree, the judicial proceedings may be open to the College community, subject to space limitations consonant with conducting a judicial hearing. If the judicial process is disrupted during any open meeting, the chair may close the meeting to the general community. In this event, the party charged and the party bringing the charge may each select two members of the College community as observers. Either party, with the consent of the other party, may permit continuation of coverage by the College press.

iv.  Notification

As required by law, both the accuser and the accused will be informed of the outcome of campus disciplinary proceedings alleging a sexual assault, or attempted sexual assault.  Both the outcome of guilt or innocence, and the sanction, if applicable, will be disclosed to the accuser and the accused.  The accused will receive notification in writing; the accuser will be verbally informed. The Department of Public Safety shall be notified of any safety issue such as a No Contact Order, or a student being restricted from campus.

Alcohol and Other Drugs: Public Health Policy and Party Regulations

A.  General Provisions

1.  College Standards

Middlebury College's community standards reflect our commitment to developing the life of the mind in the fullest sense through learning in and out of the classroom, to instilling in our students respect for all individuals and for their environment, and to integrating these goals with our commitment to promote the welfare of the College community.  A balance of individual growth and community health guides the College's approach to all academic and residential endeavors, including our approach to student alcohol consumption, and the use or possession of regulated drugs.

Therefore, the College will:

a. Inform students of federal, Vermont, and local laws, and the policies of Middlebury College, to which they are accountable.

b. Promote among students original and autonomous thought, and therefore, responsibility and accountability for their personal choices and actions. 

c. Encourage an environment of enriching extracurricular and social opportunities that includes substance-free events and healthy venues for students of legal age who choose to drink.

d. Educate members of the community through academic and student life programs and policies about the role of alcohol and drugs in our society, safe and responsible decisions around alcohol consumption, and the negative individual and community consequences of abuse.

e. Provide educational outreach health services to students who choose to use alcohol or drugs, who experience negative consequences, or who violate the commitment to individual and community safety.

For information specific to state and federal laws governing the use, possession, and distribution of drugs and alcohol, see the Middlebury College publication Drugs, Alcohol and You (which is mailed each year to every student).

2.  Local, State, and Federal Laws

Middlebury College students (including special students and those living off-campus) are expected to observe local, state, and federal laws governing the possession, use, and furnishing of alcoholic beverages and controlled substances ("illegal drugs").  Violation of local, state, or federal law, or of Middlebury College drug or alcohol regulations, may result in College discipline, ranging from citations and/or fines up to and including loss of off-campus living privileges and suspension or expulsion, depending on the level of the offense.

Violation of state or federal controlled substance law resulting in criminal conviction could include loss of certain federal higher education benefits (student loans, Pell Grants, Supplemental Educational Opportunity Grants, and the Federal Work-Study program).

Middlebury College students are subject to College drug and alcohol policy rules and regulations while on College or College-related premises, or when involved with off-campus events sponsored by the College or a registered College organization.  Students are also expected to observe the laws of the local jurisdiction when participating in off-campus events sponsored by the College or a Middlebury College organization.

Specifically,

a. Illegal use of alcohol (underage drinking, possession of alcohol by a minor, furnishing alcohol to a minor) will result in citations and penalties ranging from warning to expulsion.

b. Students using illegal drugs or in possession of amounts that appear to constitute "personal use" will face penalties ranging from warning to expulsion.

c. Students found selling, manufacturing, or possessing drugs in amounts that indicate drug sales or distribution will face penalties ranging from suspension to expulsion from school.

d. Students or organizations found illegally selling, manufacturing, or distributing alcohol will face disciplinary action up to and including expulsion.

e. Possession of drug paraphernalia that has been used, whether at the time of confiscation or not, is against the law, and students who violate the law are subject to College discipline.

The College does not protect students from prosecution for drug or alcohol offenses under local, state, or federal laws, and does not interfere with legitimate law enforcement activities.

3.  Citation system and penalties

a. Possession of alcoholic beverage by underage students.

A student under the age of 21 found to be in possession of an alcoholic beverage will receive a written citation, and shall be subject to the following:

i.  First offense.  The student will receive a follow-up letter from the Commons dean, which will constitute an informal warning, and will provide specific information about Vermont law and College rules and expectations.

ii. Second offense.  The student will receive a follow-up letter from the Commons dean, which will constitute an official warning, and will be accompanied by educational material which the student will be required to read.  The student will be required to sign a return card confirming that the materials have been read, and return the confirmation card to the Commons dean.  The student will also be required to complete the E-Chug educational online assessment, and discuss the results with his or her CRA.  Failure to meet with the CRA in a timely manner may result in a reprimand.

iii. Third offense.  The student will receive an official reprimand from the Commons dean.  A copy of the reprimand is sent home to parents.  The student will be required to participate in an educational seminar, which is interactive and designed to promote self-reflection.  The seminar is offered once a month.  Attendance is mandatory.  No make-up sessions are available, and failure to attend will result in disciplinary probation.

iv. Fourth offense.  The student will be charged with a conduct violation and subject to disciplinary hearing, with a likely sanction of disciplinary probation if there is a finding of guilt.  Students may forego the hearing and accept the disciplinary sanction. An alcohol consultation with a staff member at the Center for Counseling and Human Relations will be required regardless of the outcome of the disciplinary hearing.

v. Fifth offense.  The student will be charged with a conduct violation and subject to disciplinary hearing, with a likely sanction of suspension if there is a finding of guilt.  The student will be required to have an alcohol assessment by a certified alcohol counselor at his or her own expense.  Any expectations for follow-up treatment will be incorporated into the re-entry expectations and process.

An appeal from an alcohol citation must be filed in the Department of Public Safety within 10 days of the issuance of the citation.

b. Other violations of alcohol policy

Violations of the College alcohol policy other than possession by an underage student shall be subject to the regular College disciplinary process.

c. Possession of marijuana

A student found to be in possession of marijuana in an amount and under circumstances indicative of only individual use, shall be subject to the following:

i. First offense: Reprimand.  A copy of the reprimand is sent to the parents of a dependent student, or as otherwise allowed by law.

ii. Second offense: Reprimand and recommended assessment.  A copy of the reprimand and recommendation is sent to the parents of a dependent student, or as otherwise allowed by law.

iii. Third offense: The student will be charged with a conduct violation and subject to disciplinary hearing, with a likely sanction of disciplinary probation if there is a finding of guilt.  A drug consultation with a staff member at the Center for Counseling and Human Relations will be required regardless of the outcome of the disciplinary hearing.

iv. Fourth offense: The student will be charged with a conduct violation and subject to disciplinary hearing, with a likely sanction of suspension if there is a finding of guilt.  The student will be required to have a drug assessment by a certified drug counselor at his or her own expense.  Any expectations for follow-up treatment will be incorporated into the re-entry expectations and process.

d.  Other violations of drug policy

Violations of College drug policies other than possession of marijuana for individual use, including possession or use of prescription drugs other than by the person and in the manner prescribed, shall be subject to the regular College disciplinary process.  A student found guilty of sale or distribution of illegal drugs, including prescription drugs, can expect to receive the most serious sanctions.

4.  Health Concerns

Involvement with, or dependency upon, drugs or excessive or illegal use of alcohol will be viewed by the College as a health concern, as well as a disciplinary matter.  Where a Commons dean has reasonable concerns that a student's health is being compromised by drug or alcohol use or abuse, a drug and/or alcohol consultation or assessment may be required.  In addition, where a student's name or the name of an organization or a group occurs repeatedly in connection with a drug or alcohol problem, even though no concrete evidence or direct witness is involved, a dean may contact the student and meet with him or her.  In these instances, the dean may encourage or require the student to undergo a drug/alcohol assessment, on or off campus, and may notify the student's parents or guardian of concerns about the student's drug or alcohol problem. 

In disciplinary situations and the situations of concern mentioned above, a student may be required to withdraw from the College until successful resolution of the problem is documented to the satisfaction of the College. 

B. Alcoholic Beverage Regulations

Violations of alcoholic beverage and party regulations may result in citations, alcohol education, fines, a loss of hosting privileges, and disciplinary action.

1.  Under Vermont law only persons of legal age (21 or older) may consume alcoholic beverages. Legal proof of age, such as a Vermont State driver's license or liquor identification card or a passport, may be required. Middlebury College students are also required to carry Middlebury College identification cards while in possession of alcoholic beverages on the campus or at College-sponsored events.

2.  The production, possession, or use of false identification is illegal and may lead to disciplinary proceedings.

3.  References to alcohol may not be made in any publicity (e.g., posters, newspaper ads) on campus, except for licensed events under the College's catering permit which may include a reminder to "please bring two forms of i.d."

4.  Regulations in the State of Vermont require that the identity of anyone who purchases a keg be recorded.

5.  Under Vermont law, a person who sells or furnishes alcoholic beverages to an underage person, or enables an underage person to obtain such beverages, may be subject to criminal penalties.  Moreover, a person who serves alcohol to someone who then is injured or causes injury to others may be liable for those injuries, if the alcohol was served in circumstances where it was foreseeable that injury might occur.  For example, if the host of a party serves alcohol to someone who already is intoxicated, and the intoxicated person has an automobile accident on the way home, the party host, bartender, and/or the person who purchased the alcohol may all be liable for injuries that occur in the accident. Buying for, or serving, an underage person may lead to disciplinary action.

6.  Under College regulations, the purchasers of alcoholic beverages, party hosts, and the occupants of residential spaces where parties take place will be responsible for the conduct of individuals who consume the alcohol.

7.  A keg or other common container (e.g., punch bowl) used in a residential space must be registered in advance with a student's Commons office or the assistant to the dean of the College (social houses).  A keg or common container belonging to an underage student is never permitted. A keg or common container in a first-year residence hall or floor is never permitted. If an unauthorized keg or common container is found, the tap will be removed, the keg and tap or common container will be confiscated and returned to the vendor, a $100 fine will be charged, and the responsible party will be referred to his or her dean for disciplinary proceedings.

8.  Admittance to events at which alcohol is served is limited to invited guests.

9.  In accordance with State law and requirements of the College's liquor license, individuals may not bring alcoholic beverages to catered events. Individuals may not leave a catered event with alcoholic beverages provided at the event.

10.  Individuals may not bring unregistered alcoholic beverages to any campus event.  Individuals may not leave a registered party with alcoholic beverages provided at the event. 

11.  Small, informal gatherings held in individual rooms, suites, and small houses occupied by of-age students, at which alcoholic beverages are consumed, do not have to be registered (for information on registered parties, see section C.4.).  Please note that residents of the living space will be treated as "party hosts," and therefore assume responsibility for the actions of individuals who drink the provided alcohol (as noted in section B.7. above).  Students are responsible for unregistered gatherings and related activities that occur in their rooms, whether or not they are present.  Bear in mind that College policies regarding noise, vandalism, and respect for persons apply to informal gatherings as well as registered parties.

12.  Consumption of alcoholic beverages at Bread Loaf and Middlebury College Snow Bowl is prohibited, except during certain official functions.

13.  Consumption of alcoholic beverages in College libraries is prohibited, except during certain official functions.

14.  Consumption of alcoholic beverages is prohibited in any classroom setting, whether in a College building or elsewhere.

15.  Operating a motor vehicle while under the influence of alcohol is dangerous, illegal and will subject a student to disciplinary proceedings.  Students found to be driving on campus under the influence of drugs or alcohol will be subject to a fine of $100, will lose driving privileges on campus and will be subject to disciplinary proceedings. Students who are charged with DUI and are awaiting the court outcome have their campus driving privileges suspended pending the court disposition.  In those incidents where the DUI involves an accident with injuries to others, or other exceptional factors, immediate disciplinary action may take place on campus.

16.  Dangerous drinking games (e.g., funnels, keg stands, around-the-world parties, and other alcohol consumption based on speed and/or volume, etc.) are not allowed and will result in disciplinary proceedings.

17. Open containers are not allowed in public spaces, or outside on the campus grounds, unless the area has been designated for a registered or catered event.  For the purposes of this policy, residential hallways are normally considered private spaces.  Of-age students may transport open alcohol containers for personal use within residence halls, but hallways may not be used for parties.  Individual Commons may designate certain spaces in residence halls as senior commons rooms; these spaces will be considered private. 

Underage students are subject to the citation system (Section A.3. above) and to the open container policy for open container violations.

Students can be fined for having an open container in a public space.


C.  Party Regulations

1.  General Party Regulations

a. All parties within residential areas at which alcoholic beverages are consumed must be registered with the Commons office that corresponds with the reserved space. Private parties must be registered by 3:00 p.m. on the Thursday before the event unless otherwise noted by the Center for Campus Activities and Leadership (CCAL). Social house parties must be registered by 3:00 p.m. on the Thursday before the event by the assistant to the dean of the College. Catered events must be registered with a student's Commons Office or CCAL at least 21 business days in advance as required by the Vermont Department of Liquor Control.

b. Party hosts and bartenders must be at least 21 years old and must have completed a College-approved social function workshop in order to register a function.  Party hosts and bartenders must be present and may not consume alcohol before or during the party.

c. Parties may only be registered in approved lounges and designated locations on campus. The amount of alcohol allowed will be determined at the discretion of a student's Commons office, Center for Campus Activities and Leadership, or the Office of the Dean of the College designee, based on the anticipated attendance and the capacity of the room determined by the Safety Officer. 

d. The Commons offices and Office of the Dean of the College designee will schedule residential spaces, as well as review party plans, planned attendance, provision for enforcement of Vermont law governing the legal drinking age (i.e., party hosts must ensure that a system is in place to monitor the serving and consumption of alcoholic beverages to people of legal drinking age only), amounts of alcoholic and non-alcoholic beverages and food to be served. The office may require changes before authorizing registration of a party.

e. Parties may normally occur between the hours of 5:00 p.m. Friday and 1:00 a.m. Saturday, and 12:00 noon and 1:00 a.m. Sunday. During exam periods, parties may only be registered on the first Saturday from 10:00 p.m. to 1:00 a.m. Sunday.  Exceptions for Winter Carnival and Senior Week activities may be granted by the Director of Campus Activities.  The maximum duration of any private party is four hours.

f. Parties may be registered for Friday and Saturday only. A quiet atmosphere conducive to studying should prevail throughout all residences Sunday through Thursday nights. 

g. Bands and DJs performing at private parties are allowed at the discretion of the Commons office, the Office of the Dean of the College designee, or Center for Campus Activities and Leadership, and must be registered at the time of the party registration.

h.  Alcoholic beverages may not be served after 1:00 a.m. Bands or amplified music in residential spaces must stop playing by 1:00 a.m. Special arrangements for late night programming in residential spaces may only be arranged through a student's Commons office, or by the IHC Advisor for the social houses. Student programming in non-residential spaces must be catered and arranged through the Center for Campus Activities and Leadership.

i. Individuals and organizations hosting and/or individuals purchasing alcohol for parties where alcoholic beverages are served should be aware that, under Vermont law, a person who is injured in person, property, or means of support in consequence of the intoxication of any other person may be able to bring a legal claim for monetary damages against anyone who by furnishing alcoholic beverages unlawfully, contributed to that person's intoxication. For example, a party host, bartender, and/or the person who purchased the alcoholic beverage might be sued for having unlawfully furnished alcoholic beverages to a minor who thereafter causes harm, or for serving alcohol to an already intoxicated person who thereafter has an accident.

j. Party hosts and bartenders must be at least 21 years old, present and may not consume alcohol before or during the party.  Service of alcoholic beverages may not begin until the Public Safety Officer arrives.  Kegs must be tapped in the presence of a Public Safety Officer and the Party Host.

k. Hosts must ensure that proper i.d. checking procedures are followed consistently throughout the party.

l. Food and non-alcoholic beverages must be readily and continuously available to guests whenever alcoholic beverages are served.

m. Guests may be served only one drink per visit to the bar.

n. Bring-your-own-bottle (BYOB) parties are not permitted. Additional alcohol may not be brought into registered parties or alcohol-free events.

o. The noise ordinance of the town of Middlebury prohibits loud noise or disturbance after 10:00 p.m., Sunday through Thursday, and after 1:00 a.m. on Friday and Saturday nights (i.e., Saturday and Sunday mornings).  Please note, however, that noise complaints may be registered at any time. Party hosts are responsible for ensuring that party noise is not excessive. Loud music, yelling, and other late-night noise infringe on the rights of neighbors. Guests are responsible for ensuring that while traveling to and from parties they do not disturb neighbors. Violators are subject to fines up to $1,000 by the town and penalties imposed by the College, ranging from the loss of party privileges to disciplinary action.

p. Attendance may not exceed the legal capacity of the reserved space. Party hosts are responsible for regulating the number of guests in order to maintain safe occupancy of the space. Party hosts are expected to call the Department of Public Safety to help limit attendance if crowding during the party becomes a problem.

q. Registered spaces must be cleaned by noon of the day after the party, unless otherwise instructed by a student's Commons office. Functions in public areas (i.e., McCullough Student Center) must be cleaned by 8:00 a.m. of the day after the party. If special custodial service is required following a party, the party host(s) will be billed for that service.

r. Party hosts and guests are responsible for abiding by the College's prohibition on smoking in residence halls.

s. Party hosts should notify resident assistants of parties planned for their residence halls and of the arrangements being made. Resident assistants will consult with the Commons office if any aspect of the party plan seems inappropriate.

t.  Residential spaces with designated and secured keg storage areas must return kegs by 5 p.m. on Monday following the weekend party. For residential spaces without designated storage areas, kegs must be returned by 5 p.m. on the day following the party. Kegs found after this time will be considered "unauthorized" or "illegal," and subject to confiscation, fine, and/or disciplinary action.


2. Private Parties (not catered events)

Private parties are those parties held in spaces connected to or in residential buildings, such as designated residence hall lounges, academic interest and social houses, where attendance is limited to guests who are notified by individual invitation and the host provides the alcohol. Students wishing to register a party must be residents of the Commons for which the space is designated.  For example: a student who lives in Painter Hall may register a party in Gifford Annex Lounge (Wonnacott) or a student who lives in Forest Hall may register a party in Pearsons Lounge (Cook).  Commons Offices and CCAL maintain a current list of approved party lounges and the corresponding residences.  In accordance with Vermont state law, admittance to events at which alcohol is served is limited to invited guests.  Party hosts are responsible for properly maintaining a guest list for their function. A Middlebury College Friends catering permit is not required for private parties.  For additional information on regulations for private parties please contact CCAL.

Tickets may not be sold, donations may not be solicited, and money may not be collected from guests. Exceptions for the purposes of soliciting charitable donations may be considered by the Director of the Center for Campus Activities and Leadership.

3. Social House Private Parties

a. All Handbook policies apply.

b. Social houses using their own lounge areas will register their parties during the academic year with the Assistant to the Dean of the College.

c. The host for social house parties must be a resident of the Social House building.  For example, a student who lives in Brackett House may register a party for Omega Alpha.  In accordance with Vermont state law, admittance to events at which alcohol is served is limited to invited guests. 

d. Social House parties may normally be registered for Friday and Saturday only between the hours of 5:00 p.m. Friday and 2:00 a.m. Saturday, and 12:00 noon and 2:00 a.m. Sunday.  Parties for Bracket House may be held until 3:00 a.m.  The maximum length of any social house party is five hours.

e. The Office of the Dean of the College and the Center for Campus Activities and Leadership provide advisory, leadership development, and programming support for all social houses.

f. After any function, Social Houses must secure all kegs in the designated keg storage areas and must return kegs by 5 p.m. on Monday following the weekend party. For residential spaces without designated storage areas, kegs must be returned by 5 p.m. on the day following the party. Kegs found after this time will be considered "unauthorized" or "illegal," and subject to confiscation, fine, and/or disciplinary action.

g. All parties in Social Houses are assumed to be sanctioned by the full membership of the house.  House residences may not be used for private parties of individual members.

4. Catered Events Covered by the Middlebury College Friends (MCF) Catering Permit

Parties or events held in nonresidential spaces (e.g., McCullough Student Center, Center for the Arts, or Nelson Recreation Center must be licensed under the MCF Catering Permit if alcoholic beverages are to be served. All events funded by the Student Government Association Finance Committee at which alcohol is served must be catered, because student fees collected for dissemination through the Finance Committee cannot be used by individuals for the direct purchase of alcohol.

a. Parties held in private residential spaces, such as residence hall lounges or social houses, and funded privately, may be catered if the sponsoring host chooses and makes arrangements with the Dining Events Office.

b. Catered parties must be registered by any Middlebury College student with a Commons office or the Center for Campus Activities and Leadership at least 21 business days in advance in order to allow time for processing by the Vermont Department of Liquor Control.

c. Tickets for a catered event may be sold prior to the event, at the door, and/or at a cash bar. Events may be advertised, but publicity and posters may not make reference to alcoholic beverages, other than to remind students to "please bring two forms of i.d." 

d.  Under Vermont state regulation, individuals may not take alcoholic beverages to or from a catered event.

e. At all catered events a MCF representative will be in charge of serving alcoholic beverages. The catering manager will determine the appropriate bar staffing and amount of alcohol for catered events.

f. At the discretion of the Dining Events Office, Department of Public Safety officers may be required (at the organizer's expense) for any catered event where alcoholic beverages are being served.

g. Except as noted in this secion, all general party regulations listed in Section 1. above apply to catered events.

5. Outdoor Parties

a. Private parties may be held outdoors if they are an extension of an approved party location such as a small house.  Parties in open spaces such as McCullough Quad or Battell Field must be catered.

b. Outdoor parties must be registered within a clearly defined, contained area (i.e., a roped off area) approved by the Department of Public Safety, and alcohol may only be consumed within that area. The host has the same responsibility as for an inside party.

c. Outdoor parties may not start before 5:00 p.m. on Friday or before 12:00 noon on Saturday.

d. Outdoor parties must stop serving alcohol and playing music by 8:30 p.m.

e. Outdoor parties are scheduled at the discretion of the Commons Office, the Office of the Dean of the College designee, or the Center for Campus Activities and Leadership.

6. Tailgate Parties

a. The Department of Public Safety may designate a tailgate area for scheduled athletic contests.  Alcohol may be consumed only within the designated area.

b. Tailgating is permitted only before the athletic contest and during intermissions.  No tailgating is permitted during the actual athletic contest.

c. Kegs or other common containers are not allowed.

d. The tailgate area will be cleared one-half hour after the contest ends.

D.  The Grille

1. The Grille in the McCullough Student Center maintains a Class 1 Vermont liquor license.  Under such license, beer and wine may be sold at this location.  Serving hours and arrangements will be set at the discretion of the Grille management and in accordance with state law. Event hosts must give Grille Management adequate notice of the event (normally 10 business days minimum).

2.  Vermont law and the conditions of the liquor license forbid serving alcohol to anyone under the legal age (21).  The College would risk the loss of its license and potential legal liability if it were to permit underage persons to purchase or consume alcoholic beverages in the Grille.

3.  A patron may be served only one alcoholic beverage at a time.

4.  Positive proof of age is required to purchase alcoholic beverages at the Grille.  The Grille bartenders and/or managers will determine the validity of identification.  Valid forms of identification include a valid driver's license with photograph, a state-issued liquor control i.d. card, a passport, a military i.d. card, or a photographic non-driver i.d. card issued by Vermont or another state.  A Middlebury College i.d. is not considered a valid primary form of identification for the purchase of alcohol but can be used as a valid secondary form of identification.

5.  Grille bartenders and managers reserve the right to refuse service of alcoholic beverages to anyone.

6.  Only alcoholic beverages purchased from the Grille may be consumed there.  Alcoholic beverages may not be brought in to the Grille from outside.

7.  Events at the Grille may be prepaid by the host, at the door, and/or have a cash bar.  Events may be advertised, but publicity and posters may not make reference to alcoholic beverages, other than to remind students to "please bring two forms of i.d."

8.  Visitors to the Student Center are welcome to patronize the Grille.  A valid Middlebury College i.d. is required to use the Grille's entertainment options (billiards, darts, foosball, video games).  Non-Middlebury College student minors who are not accompanied by a parent or legal guardian are not permitted in the facility after 8:00 p.m. and may be asked to leave at any time.

E.  Dining Hall Functions

1.  Ross, Atwater, Proctor and FIC Dining Halls maintain a Class 1 Vermont liquor license (pending as of publication).  Under such license, beer and wine may be sold at these locations.  Serving hours will be set at the discretion of the Dining Services and in accordance with state law.  Event hosts must give the Dining Services office adequate notice of the event.

2.  Vermont law and the conditions of the liquor license forbid serving alcohol to anyone under the legal age (21).  The College would risk the loss of its license and potential legal liability if it were to permit underage persons to purchase or consume alcoholic beverages.

3.  A patron may be served only one alcoholic beverage at a time.

4.  Positive proof of age is required to purchase alcoholic beverages. Bartenders and/or managers will determine the validity of identification.  Valid forms of identification include a valid driver's license with photograph, a state-issued liquor control i.d. card, a passport, a military i.d. card, or a photographic non-driver i.d. card issued by Vermont or another state.  A Middlebury College i.d. is not considered a valid primary form of identification for the purchase of alcohol but can be used as a valid secondary form of identification.

5.  Bartenders and managers reserve the right to refuse service of alcoholic beverages to anyone.

6.  Only alcoholic beverages purchased on site may be consumed there.  Alcoholic beverages may not be brought in to the facility from outside.

7.   Events at these facilities may be prepaid by the host, charged at the door, and/or have a cash bar. Events may be advertised, but publicity and posters may not make reference to alcoholic beverages, other than to remind students to "please bring two forms of i.d."  

Judicial Boards and Procedures

Due process, insofar as the procedures of the College permit, will be afforded the party charged. Since the College lacks full judicial authority, such as the power to subpoena or place witnesses under oath, a student's due process 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 students from arbitrary or capricious disciplinary action. All judicial boards and disciplinary authorities of the College shall conduct their proceedings in the spirit of those principles. If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented a fair hearing.

A. The Judicial System

The judicial system at Middlebury College consists of three judicial bodies, the Community Judicial Board, the Academic Judicial Board, and the Judicial Appeals Board.

For advice on the judicial system, please consult the Judicial Affairs Officer within the Office of the Dean of the College.

1. Community Judicial Board

a. Jurisdiction

The Community Judicial Board presides over non-academic conduct infractions. 

If the Community Judicial Board cannot be convened because the College is in recess for the summer, a student charged with a non-academic disciplinary offense may choose (i) to have the matter heard by the dean of the College, in which event those members of the Community Judicial Board who are on campus will be asked to participate in the deliberations, or (ii) to postpone hearing on the charge until the Community Judicial Board can be convened. A student who chooses to postpone hearing under the provisions of subsection (ii), and who is subsequently convicted of the offense, will not suffer a financial penalty as a consequence of the postponement.

b. Organization

i. Composition

The Community Judicial Board consists of eight members: the dean of the College, one staff member, two faculty members, and four students. Each member has one vote. There will be one alternate member from the Office of the Dean of the College one staff alternate, one faculty alternate, and two student alternates. Alternates will only substitute for absent members of their own constituency.

ii. Selection

The dean of the College serves as the co-chair of the Community Judicial Board. His or her alternate will be a dean from the Office of the Dean of the College. The president of the College will appoint the staff representatives to the board, on the recommendation of the Staff Council. The Faculty Council will appoint the faculty members to the board. The student members will be appointed under the auspices of Community Council in the procedure described below. Those making the appointments are encouraged to consider gender balance in the selection process. First-year students may not serve on the Community Judicial Board. A student who is a member of the Community Council may not serve at the same time on the Community Judicial Board. The Community Council will review the continued eligibility of a student member of the Community Judicial Board who has been convicted of a serious infraction of College rules, and may require the member to resign from the Community Judicial Board. 

Early in the spring semester, the Community Council will advertise for applicants to the Community Judicial Board, asking interested students to submit applications. Students serving on the Community Judicial Board may submit nominations. A selection committee comprised of one faculty member and two students from the Community Council, two nonvoting advisory members from the Community Judicial Board, and the Judicial Affairs Officer will select a slate of members. Whenever possible, at least one student member of the Community Judicial Board will have at least one year of prior experience. A student found guilty of a serious infraction of College rules by any College judicial authority will be eligible for membership only after review by the selection committee in consultation with the Dean of the College before the slate is presented to the Community Council. The slate of candidates will be submitted to the Community Council for ratification.

iii. Substitution of Members

If there is a need to convene the Community Judicial Board and regular student members cannot attend a hearing, alternates to the Community Judicial Board will be contacted first when regular members are unavailable. If the alternates are unavailable, student members of the Academic Judicial Board will be asked to serve. If for any reason a member of the Community Judicial Board has a conflict of interest in a particular proceeding, a replacement will be appointed from among the alternate members.

iv. Officers

After the Community Judicial Board has been selected, it will elect from among its members one student co-chair. The other co-chair will be the dean of the College. One of the co-chairs must be present to convene a hearing.

v. Accountability and Changes in Procedure

The Community Judicial Board is accountable to the Community Council and to the faculty, which has historically delegated its disciplinary authority. Reports consisting of an enumeration of cases heard, the nature of the charges, and the disposition, without disclosure of individual names, will be made annually by the co-chairs to the College community.  A member of the Community Judicial Board or the dean of the College may recommend changes in rules, procedures, penalties, or any other part of the judicial process. The Community Council or faculty may also initiate such changes. Recommendations should be made jointly to the faculty and Community Council. The Community Council will submit to the faculty for final action a proposal for any changes the Community Council recommends. Final authority for changes rests with the faculty.

2. Academic Judicial Board

a. Jurisdiction

The Academic Judicial Board has the responsibility to hear and determine all cases transmitted to it by the Judicial Affairs Officer involving academic dishonesty.

If the Academic Judicial Board cannot be convened because the College is in recess for the summer, a student charged with academic dishonesty may choose (i) to have the matter heard by a committee consisting of the administrative co-chair of the Academic Judicial Board and those student and faculty members of the Academic Judicial Board who are on campus, or (ii) to postpone hearing on the charge until the full Academic Judicial Board can be convened. A student who chooses to postpone hearing under the provisions of subsection (ii), and who is subsequently convicted of the offense, will not suffer a financial penalty as a consequence of the postponement.

b. Organization

i. Composition

The Academic Judicial Board consists of seven members: a member of the faculty or the academic administration appointed by the president, two faculty members, and four students. Each member has one vote. There will be one faculty alternate and two student alternates. Alternates will only substitute for absent members of their own constituency.

ii. Selection

The member of the faculty or the academic administration appointed by the president serves as the co-chair of the Academic Judicial Board. The Faculty Council will appoint the faculty members to the board. The student members will be appointed under the auspices of Community Council in the procedure described below. Those making the appointments are encouraged to consider gender balance in the selection process. First-year students may not serve on the Academic Judicial Board. A student who is a member of the Community Council may not serve at the same time on the Academic Judicial Board. The Community Council will review the continued eligibility of a student member of the Academic Judicial Board who has been convicted of a serious infraction of College rules, and may require the member to resign from the Academic Judicial Board. 

Early in the spring semester, the Community Council will advertise for applicants to the Academic Judicial Board, asking interested students to submit applications. Students serving on the Academic Judicial Board may submit nominations. A selection committee comprised of one faculty member and two students from the Community Council, two nonvoting advisory members from the Academic Judicial Board, and chaired by a dean from the Office of the Dean of the College will select a slate of members. Whenever possible, at least one student member of the Academic Judicial Board will have at least one year of prior experience. A student found guilty of a serious infraction of College rules by any College judicial authority will be eligible for membership only after review by the selection committee in consultation with the dean of the College before the slate is presented to the Community Council. The slate of candidates will be submitted to the Community Council for ratification.

iii. Substitution of Members

If there is a need to convene the Academic Judicial Board and regular student members cannot attend a hearing, alternates to the Academic Judicial Board will be contacted first when regular members are unavailable. If the alternates are unavailable, student members of the Community Judicial Board will be asked to serve. If for any reason a member of the Academic Judicial Board has a conflict of interest in a particular proceeding, a replacement will be appointed from among the alternate members.

iv. Officers

After the Academic Judicial Board has been selected, it will elect from its members a student co-chair. The other co-chair will be the member of the faculty or the academic administration appointed by the president. Currently the Dean of the College is the co-chair. One of the co-chairs must be present to convene a hearing.

v. Plagiarism and Academic Dishonesty Cases

A faculty member who believes a student has plagiarized or engaged in other forms of academic dishonesty shall submit a written statement of the facts supporting the charge to Judicial Affairs Officer, for transmittal to the Academic Judicial Board. The faculty member's statement will serve as the formal presentation of charges to the Academic Judicial Board, and therefore should be sufficiently detailed to enable all parties to prepare for the hearing. Accused students will be provided with photocopies of the charge statement and their allegedly plagiarized or dishonest work in advance of the hearing. Normally, the hearing will be scheduled at least one week after the charge statement has been provided to the student. Shorter deadlines may apply in cases involving seniors at the end of their final term. The faculty member initiating plagiarism or academic dishonesty charges shall be present in person at the hearing to explain the charges and to ask and answer questions. The faculty member and the student charged may each be accompanied by an adviser of his or her choosing from the College community.

vi. Accountability and Changes in Procedure

The Academic Judicial Board is accountable to the Community Council and to the faculty, which has historically delegated its disciplinary authority. Reports consisting of an enumeration of cases heard, the nature of the charges, and the disposition, without disclosure of individual names, will be made annually by the co-chairs to the College community.  A member of the Academic Judicial Board or the dean of the College may recommend changes in rules, procedures, penalties, or any other part of the judicial process. The Community Council or faculty may also initiate such changes. Recommendations should be made jointly to the faculty and Community Council. The Community Council will submit to the faculty for final action a proposal for any changes the Community Council recommends. Final authority for changes rests with the faculty.

3. Judicial Appeals Board

a. Jurisdiction

The Judicial Appeals Board has jurisdiction, as specified in Section D., Appeals Procedures, below, to hear appeals from decisions of the Community Judicial Board and the Academic Judicial Board.

b. Organization

i. Composition

The Judicial Appeals Board consists of five members, each having one vote. There will be a member of the academic administration, appointed by the president, who serves as co-chair; two voting faculty members and one alternate faculty member selected by the Faculty Council; and two students selected according to the procedure specified below.

ii. Selection of Student Members

When the Judicial Appeals Board has been directed to hear an appeal, two students will serve on the board for that case. At the judicial training session at the beginning of the year, three students from the Community Judicial Board will be selected to serve as regular and alternate members of the Judicial Appeals Board for cases involving the Academic Judicial Board. Three students from the Academic Judicial Board will be elected to serve as regular and alternate members of the Judicial Appeals Board for cases involving the Community Judicial Board. One of the student members will co-chair the appeal along with the co-chair from the academic administration.

iii. Substitution of Members

If there is a need to convene the Judicial Appeals Board and regular members cannot attend a hearing, alternates to the Judicial Appeals Board will be contacted first when regular members are unavailable. If there is a need to convene the Judicial Appeals Board when both regular and alternate members are unavailable, the co-chair who is a member of the academic administration may appoint substitute members. Priority will be given to students and faculty with judicial experience. If for any reason a member of the Judicial Appeals Board has a conflict of interest in a particular proceeding, a replacement will be appointed from among the alternate members.

B. Hearing Procedures

The following procedures apply to hearings before the Community Judicial Board, the Academic Judicial Board, and the Judicial Appeals Board, except as otherwise specifically provided.

1. Judicial Charges

For the purposes of judicial charges, a case will only be considered during the time that the student charged is a Middlebury College matriculant, and before the student graduates.  That is, a student may be charged for a violation that occurs after s/he arrives for orientation and up until the time the student receives a diploma, or withdraws from the College. A student may not withdraw with the expectation of returning to the College while a disciplinary matter is pending. Normally, the student who wishes to withdraw with a pending disciplinary matter must resign his place at Middlebury and give up any opportunity to return to the College. Under extraordinary circumstances, students may be granted permission to withdraw from the College with a pending disciplinary matter. Such permission will be granted by the Judicial Affairs Officer (after appropriate consultation) following a review of the case and a consideration of the College’s best interests. If a student does withdraw from the College before resolution of a pending disciplinary matter, notation thereof will be made in the student's permanent file. Should the student be readmitted to the College, the disciplinary matter must be resolved either before the student's return, or immediately upon the student's return.
[revised text approved by faculty vote and updated December 2007]

All judicial charges are transmitted to the accused student through the Judicial Affairs Officer. Charges may be initiated against an individual, group, or organization by one or more of the Commons deans, the dean of the College, or by any individual, organization, department, or office of the College.

Judicial charges are conveyed by the Judicial Affairs Officer on behalf of the College. (Example: disrespect of College official; students fighting).  Sexual assault and harassment charges are an exception.  The survivor of the reported assault and/or harassment will decide whether or not to file a complaint with the College and have a judicial hearing.  In the unusual circumstance in which a dean determines there is significant risk to members of the College community, however, the dean may be obligated to pursue action to protect the community. 

If charges come directly to the Community Judicial Board, the Board will inform the Judicial Affairs Officer, so that the dean may transmit the charges to the party charged. A statement transmitting the charges shall be prepared by the Judicial Affairs Officer. The Judicial Affairs Officer's statement transmitting the charges will indicate the identity of the accusing party and the names of any witnesses requested by either the dean or the accusing party to attend the proceedings.

Accused students will be provided with photocopies of the charge statement and their allegedly plagiarized or dishonest work in advance of the hearing.

2.  Administration of hearings.

A college official, who usually is the Judicial Affairs Officer, serves as secretary to the judicial board hearing a case, and the Judicial Appeals Board if an appeal is granted.  The secretary assists in scheduling, provides required notices to the parties, witnesses, and board members, gathers exhibits and provides copies to parties and board members as appropriate, and otherwise performs administrative functions for the board.  The secretary does not participate in deliberations of the board, but may be present during deliberations to assist with administrative tasks.  If an appeal is taken from a finding of guilt, the secretary may submit a written response to the student's statement of grounds for the appeal, as provided in Section III D 2.

3. Notification of Hearing

Notification in writing will be given to the party charged, the party making the charge, and any known witnesses called by the Judicial Affairs Officer. Notification will include the time and place of the hearing and must be given at least two working days (defined to mean days on which College offices are open, whether or not classes are in session) in advance of the hearing, and not more than one week after the formal transmission of the charge, except where exigent circumstances require otherwise.

4. Attendance at Hearings

The party making the charge, the party charged, and all witnesses named in the letter of transmission are expected to be present at the time and place of the scheduled hearing. Failure to appear at a scheduled hearing after proper notice may subject a student to disciplinary penalties up to and including suspension. Judicial proceedings take precedence over academic and nonacademic activities, and students shall be excused from other obligations to participate in the proceedings. Should a student who has been properly charged and notified of a scheduled hearing fail to appear, the hearing may proceed and the penalties may be imposed as if the accused student were present.

5. Disqualification

Any member of a judicial body who has a conflict of interest in a particular proceeding is disqualified from sitting on that case. If a member of the Community Judicial Board, the Academic Judicial Board, or the Judicial Appeals Board is disqualified, normally an alternate member from the same constituency will be selected to participate. If the dean of the College is disqualified from sitting on the Community Judicial Board in a particular proceeding, and an alternate dean from the Office of the Dean of of the College is not available, the administrative co-chair of the Judicial Appeals Board shall appoint a member of the administration to fulfill the duties of the representative from the Office of the Dean of the College. If the faculty or administrative co-chair is disqualified from sitting on the Academic Judicial Board or the Judicial Appeals Board in a particular proceeding, the dean of the faculty shall appoint a member of the academic administration to perform the duties of the administrative co-chair in that case.

6. Quorum

Community Judicial Board hearings may be conducted with fewer than eight, but no fewer than six, members, at least three of whom must be students. If eight members are present, seven votes are needed for a finding of guilt. If seven members are present, six votes are needed for a finding of guilt. If six members are present, five votes are needed for a finding of guilt. In the event of a finding of guilt, sanctions shall be determined by majority vote.

Academic Judicial Board hearings may be conducted with fewer than seven, but no fewer than six, members present. If seven members are present, six votes are needed for a finding of guilt. If six members are present, five votes are needed for a finding of guilt. In the event of a finding of guilt, sanctions shall be determined by majority vote.

Judicial Appeals Board hearings may be conducted with fewer than five, but no fewer than four, members, at least two of whom are students, present. If five members are present, four votes are needed for a finding of guilt. If four members are present, three votes are needed for a finding of guilt. In the event of a finding of guilt, sanctions shall be determined by majority vote.

7. Audio recording

All judicial hearings will be audio recorded. The recording is the property of the College. In the event of an appeal, the recording will be available for the consideration of the appeal, as well as to the student bringing the appeal. Copies made for the student bringing the appeal must be returned once the appeal is filed and may not be used for other purposes. The recording, in cases in which students are found guilty, will be retained for the duration of the statute of limitations and then destroyed. All other recordings are destroyed at the end of the academic year.

8. Participation in Judicial Proceedings

Normally, participation in or attendance at judicial hearings shall be limited to students, faculty members, and employees of Middlebury College. When others are involved in a case or can offer testimony that is directly relevant, a judicial body may permit those individuals to participate in a hearing.

A student bringing a charge against another student involving sexual assault or harassment may request to participate in the hearing through use of the College's interactive television facilities.  A request to participate from one of the College's interactive television sites must be made sufficiently in advance of the hearing to allow appropriate arrangements to be made for use of the facilities.  All other procedures for student judicial hearings will remain the same, whether participation is by videoconferencing or by common presence in the hearing room.

9. Expectations

Honesty is expected on the part of all members of the community who testify. Failure to be truthful in all testimony before a judicial body may itself be grounds for disciplinary action.

10. Advisers and Character Witnesses

The party charged and the party originating the charge may each bring an adviser who is a member of the College community. The advisers may be consulted by their advisees during the hearing, but, unless specifically invited, may not otherwise participate in the proceedings. In addition, either party may bring one character witness. Prior to the commencement of the hearing, each student shall provide the chair with the names of persons serving as adviser and/or witnesses. The names will be shared with the person charged and the person bringing the charge.

11. Independent Expertise

If the case involves a technical matter that falls outside the expertise of the members of the body, the chair may invite an appropriate faculty and/or student adviser without voting privileges to assist the body during the hearing.

12. Rights of the Party Charged

The party charged has the right to be present throughout the hearing and to hear adverse testimony. In no case should a judicial authority consider evidence against a student unless the source, author, and content of any statement or other evidence has been identified to the student, and the student has been given the opportunity to rebut the statement or respond to the evidence. All written evidence intended to be introduced at the hearing must be provided to the chair of the judicial authority prior to the commencement of the hearing. The judicial authority reserves the right not to consider written evidence not provided in advance. Sanctions may only be imposed for the specific charge of which the student has been notified in writing.

13. Evidence Rulings

Formal rules of evidence do not apply in College judicial proceedings. The chair of the judicial body shall make rulings on evidentiary or procedural questions that arise in hearings. A decision of the chair may be modified by a majority vote.

14. Burden of Proof

The burden of proof rests with the party bringing the charge.

15. Basis of Decision

In reaching a determination of guilty or not guilty, the judicial authority shall base its decision only on evidence introduced at the hearing of that case. Findings of guilty or not guilty will be made on the basis of a preponderance of the evidence. If there is a determination of guilt, prior conduct and judicial history may be taken into account in determining a penalty.

16. Hearings

All hearings are confidential, except that the judicial body may, at the advance request of a student charged and with the consent of the person bringing the charge, open a hearing to all members of the College community, subject to space limitations consonant with conducting a judicial hearing. If the judicial process is disrupted during an open meeting, the judicial body may close the meeting to the general community. In this event the party charged and the party bringing the charge may each select two members of the College community as observers. The party charged may, with the consent of the party bringing the charge, permit a continuation of coverage by the College press.

17. Confidential Deliberations

All deliberations of judicial bodies are confidential.

18. Decision

Within two working days of the close of deliberations, the judicial body will provide a written statement of its decision. The Judicial Affairs Officer will normally give written notification of the decision to each party charged within two working days of receipt of a decision. Failure to meet the time limitations in this section will not invalidate a decision. Decision in cases involving alleged sexual assault will be reported as required by law.

19. Record of Proceedings

If a judicial proceeding results in a finding of not guilty, all records of the proceeding will be destroyed.

C. Sanctions

Penalties for violations of conduct regulations are recorded in the student's file. Penalties are not reflected on the academic transcript, except that the dates of enrollment at Middlebury College are a part of the transcript record.

1. General Nonacademic Offenses

Penalties that may be imposed on a student by a judicial body after conviction for a nonacademic offense include but are not limited to the following:

a. Fines or restitution: Fines or restitution are commensurate with the nature of the offense. The monetary cost of the harm done may be taken into account in assessment of a fine or an order of restitution.

b. Warnings: Warnings are an informal College discipline and are not part of the student's permanent record. Students who receive warnings can answer negatively if they are asked if they have been subject to College discipline. The letter of warning remains in a student's file until graduation, when it is removed. Warnings are taken into account in determining future judicial penalties and serve to make further violations of College regulations more serious.

c. Reprimands: Reprimands are also an informal College discipline and are not part of the student's permanent record. Parents or guardians are informed when students are reprimanded.  Students who receive reprimands can answer negatively if they are asked if they have been subject to College discipline. A letter of reprimand remains in a student's file until graduation, when it is removed. Reprimands are taken into account in determining future judicial penalties and serve to make further violations of College regulations more serious.

d. Disciplinary Probation: Disciplinary probation is an official College discipline and is a permanent part of the student's record. Students who receive disciplinary probation must answer affirmatively if they are asked if they have been subject to College discipline. Disciplinary probation extends for a stated period which may be as long as the rest of the student's College career. While on probation, further infractions of College rules, even minor infractions, may result in suspension. Parents or guardians are informed when students are placed on disciplinary probation.

e. Suspension: Suspension is an official College discipline and is a permanent part of the student's file. Students who receive a suspension must answer affirmatively if they are asked if they have been subject to College discipline. Suspended students must leave campus and are prohibited from participating in all College activities or using College facilities during the stated period of the suspension. In cases of suspension from the College, no refund of the comprehensive fee is made. Parents or guardians are informed when students are suspended. For international students, an outcome of suspension may affect the student's immigration status. Such students may wish to contact the international student adviser to discuss the situation.

Suspension may be:

    i. temporary, for a finite period less than a full academic term;

    ii. definite, for a stated period of at least one academic term; or

    iii. indefinite for very serious offenses. (A student suspended indefinitely may be readmitted only by special action of the Administration Committee.)

f. Expulsion: For particularly serious offenses, students may be permanently dismissed from the College. In cases where the penalty is expulsion, final appeal is to the president, who may reduce the penalty, if warranted, after consultation with the body that conducted the deliberations and after a review of the proceedings. In cases of expulsion from the College, no refund of the comprehensive fee is made. Parents or guardians are informed when students are expelled.

g. A sanction of suspension or expulsion is ordinarily stayed pending the outcome of any appeal authorized by the Handbook. However, if the judicial authority which imposed the sanction of suspension or expulsion makes a finding that imminent danger to one or more members of the College community may exist, suspension or expulsion will take effect immediately regardless of the pendency of an appeal.

2. Academic Offenses

Students found guilty of academic offenses, including violations of the honor code, plagiarism, and other violations of the standards of academic integrity expected of Middlebury College students, are subject to the penalties listed below.

Plagiarism, cheating, or any other violation of the Undergraduate Honor System is normally punishable by suspension. In 1997, the faculty reaffirmed its commitment to suspension as the normal outcome for violations of the standards of academic integrity. Recognizing that suspension can be of any length, the judicial body is responsible for choosing the most appropriate length for suspensions. 

By vote of the judicial body in which they are found guilty, students found guilty of plagiarism or honor code violations will normally fail the course in which the offense occurred.

On rare occasions, if compelling reasons exist for not suspending a student found guilty of academic dishonesty, the judicial body may issue no less than a reprimand and invoke either of the following penalties: a 0 or an F on the piece of work, or a 0 or an F in the course.

Penalties for academic offenses:

a. Reprimand:   Reprimands are an informal College discipline and are not part of the student's permanent record.  Parents or guardians are informed when students are reprimanded.  Students who receive reprimands can answer negatively if they are asked if they have been subject to College discipline. A letter of reprimand remains in a student's file until graduation, when it is removed. Reprimands are taken into account in determining future judicial penalties and serve to make further violations of College regulations more serious.

b. Disciplinary academic probation.   Disciplinary academic probation is an official College discipline and is a permanent part of the student's record. Students who receive disciplinary academic probation must answer affirmatively if they are asked if they have been subject to College discipline. Disciplinary academic probation extends for the rest of the student's College career.  A student found guilty of academic dishonesty while on disciplinary academic probation will be suspended. Parents or guardians are informed when students are placed on disciplinary academic probation.

c. Suspension.

Suspension may be:

    i. temporary, for a finite period less than a full academic term;

    ii. definite, for a stated period of at least one academic term; or

    iii. indefinite for very serious offenses.

Students who receive definite suspensions need to apply for readmission through the Administration Committee. A student suspended indefinitely may be readmitted only by special action of the Administration Committee. Readmission is not guaranteed under indefinite suspensions.

Suspension is an official College discipline and is a permanent part of the student's file. Students who receive a suspension must answer affirmatively if they are asked if they have been subject to College discipline.  Parents or guardians are informed when students are suspended.

Suspended students must leave campus and are prohibited from participating in all College activities or using College facilities during the stated period of the suspension. In cases of suspension from the College, no refund of the comprehensive fee is made. Parents or guardians are informed when students are suspended.  For international students, an outcome of suspension may affect the student's immigration status. Such students may wish to contact the international student adviser to discuss the situation.

If a student has been found guilty of violating the honor code and the suspension is not invoked until the end of the semester, no opportunity may be granted to make up or otherwise fulfill the requirements of the course in question, although the student may complete all other courses in which he or she is concurrently enrolled. In this case, the course grade will be recorded as an F.

A student suspended for plagiarism, academic dishonesty, or a violation of the honor code normally may not transfer to Middlebury course credits earned at other institutions during the period of suspension. However, this part of the sanction may be modified if compelling reasons warrant such action.

d. Expulsion: For particularly serious or repeated academic offenses, students may be permanently dismissed from the College.  In cases where the penalty is expulsion, final appeal is to the president, who may reduce the penalty, if warranted, after consultation with the body that conducted the deliberations and after a review of the proceedings.  In cases of expulsion from the College, no refund of the comprehensive fee is made.  Parents or guardians are informed when students are expelled.

3. Voluntary Withdrawal

If a student withdraws from the College before resolution of a pending disciplinary matter or from a course pending imposition of an academic penalty, notation thereof will be made in the student's permanent file. Should the student be readmitted to the College, the disciplinary matter must be resolved either before the student's return, or immediately upon the student's return.

4. Reporting on Disciplinary Actions

The outcomes of all disciplinary proceedings shall be reported in general terms to the community at least once each year. Such reporting will be done in a way that ensures the confidentiality of the proceedings and does not reveal the identities of involved individuals.

D. Appeals Procedures

Appeals are conducted by different College officers and governing committees than those who reached the initial judgment.

1. Appeals from the Academic Judicial Board and the Community Judicial Board.

a. A student found guilty by the Academic Judicial Board or the Community Judicial Board of an infraction of College rules has the right of appeal to the dean of the faculty on one or more of the following grounds:

    i. discovery of significant new factual material not available to the body with original jurisdiction; however, deliberate omissions from testimony are not grounds for an appeal;

    ii. violation of stated procedures when the violation prevented fundamental fairness. Determination that a material procedural error has occurred may result in a rehearing of the case using correct procedures, but a procedural error is not itself a factor in reducing the penalty when the appeal upholds a conviction. Immaterial procedural errors will not be grounds for a rehearing;

    iii. discovery of significant mitigating circumstances, not fully considered by the body with original jurisdiction, which would justify reduction in a penalty.

b. The dean of the faculty, in consultation with a faculty member and a student member of the Community Council (designated at the beginning of the year), may

    i. refer the matter to the Judicial Appeals Board for full or limited rehearing, if newly discovered factual material or procedural error is found; it is the responsibility of the dean of the faculty, in consultation with the faculty member and student member to determine which aspects of the case merit a rehearing, and to direct the Judicial Appeals Board accordingly.
[revised text approved by faculty vote and updated December 2007]

    ii. refer the matter to the Judicial Appeals Board for limited rehearing, consisting of review of the recording and written materials submitted, if significant new mitigating circumstances are present; or

    iii. deny the appeal.

c. Finality

Decision by the Judicial Appeals Board on an appeal, or denial of an appeal by the dean of the faculty, is final, except in cases where the penalty is expulsion, in which case a convicted student may appeal to the president.

2. Procedures

a. A student found guilty by the Academic Judicial Board or the Community Judicial Board may appeal the decision by giving written notice of appeal to the dean of the faculty within two working days of receipt of official notice of the decision. Within two working days of filing notice of appeal, the student will give the dean a written statement of the grounds for appeal, including an outline of the supporting evidence, and the names of those members of the College community whom the student requests to have present if a full rehearing is held.

b. The dean of the faculty shall provide a copy of the written statement setting forth grounds for the appeal to the secretary of the judicial body that heard the matter, with a request that the secretary deliver to the dean the records from the student's case.  The secretary shall provide the records, and may, within three days of receipt of a copy of the student's appeal, submit to the dean a written response to the appeal.  If such written response is received, the Dean of the Faculty shall provide a copy to the appealing student, and permit the student to submit a written reply within two days.

c. The Dean of the Faculty, in consultation with a faculty and a student member of the Community Council, will make a determination whether rehearing will be granted.  Notification of the dean's decision will be given to the student within seven days of receipt by the dean of the complete records in the case, but failure to meet this notification deadline will not invalidate a decision.

d. Upon notice from the Dean of the Faculty that full or limited rehearing has been granted, the administrative co-chair of the Judicial Appeals Board will conv