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
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 judicial affairs officer shall prepare a statement for all incoming students describing the aims and operation of the academic honor system. The judicial affairs officer 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 dean of the College.
c. The dean of the College may grant an instructor permission to proctor an examination in his or her course when the instructor has communicated to the Dean of the College that she or he has a concern that students will cheat in examinations in the course. Authorization will apply to the remainder of the semester.
i) Communication of concern may take the form of an e-mail to the Dean of the College.
ii) Instructors who have concerns about cheating and wish to proctor must make a formal announcement to the class both in class and in e-mail form at least 24 hours prior to the examination. The dean of the College must be copied on the announcement e-mail.
iii) Students may register complaints or concerns about the method of proctoring with the dean of the College.
c. When an instructor's pre sence in the exam is required because of the nature of the exam (e.g., slides), the instructor should receive permission from the dean of the College and notify the class in advance.
d. 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.
e. 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 professor or the judicial affairs officer.
b. Those who cheat are morally obliged to report their own offense to the professor or the judicial affairs officer.
c. Alleged violations will be handled according to the academic disciplinary policies of the current Middlebury College Handbook.
d. For cases that are heard by the Academic Judicial Board, if seven members of the 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 (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.
Middlebury College Anti-Harassment Policy
A. General Provisions
1. Introduction
Middlebury College is committed to maintaining a campus environment where bigotry and intolerance are unacceptable. Harassment, as defined by applicable law and the corresponding terms of this policy, is unlawful, and is antithetical to the mission of the College. Middlebury College strictly prohibits conduct that constitutes unlawful harassment, including sexual harassment.
Except as otherwise specified herein, this Anti-Harassment Policy applies to faculty, staff, and students, as well as to others who participate in Middlebury College programs and activities, including the undergraduate college, the Language Schools, the Bread Loaf School of English and Middlebury College Schools Abroad. Procedures for filing and resolving complaints of harassment in such programs are set forth in Section B below; however, where applicable law mandates different procedures and/or policies with respect to Middlebury College programs outside Vermont, those procedures and/or policies will apply.
Faculty, staff or students found to have violated this Anti-Harassment Policy may be subject to the full range of disciplinary actions, as applicable, up to and including termination of employment or expulsion from College academic programs.
2. Definitions
Harassment is defined as verbal, written, visual or physical conduct based on or motivated by a student’s or employee’s actual or perceived sex, sexual orientation, gender identity or expression, race, creed, color, place of birth, ancestry, ethnicity, religion, national origin, age, disability, a student’s marital status, or other characteristics as defined and protected by law in the location where a particular program is operating, that has the purpose or effect, from the point of view of a reasonable person, of objectively and substantially:
i. undermining and detracting from or interfering with an individual's educational or work performance or access to College resources; or
ii. creating an intimidating, hostile, or offensive educational, work, or living environment.
Harassment may include repeated slurs, or taunts in the guise of jokes, or disparaging references to others, use of epithets, stereotypes, comments, gestures, threats, graffiti, display, or circulation of written or visual materials, taunts on manner of speech, and negative reference to customs when such conduct is based on or motivated by one or more of the protected characteristics identified above, or other characteristics protected by applicable law.
In the College’s Vermont programs, harassment may also include conduct of the type described above that is based on or motivated by a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability, which has the type of purpose or effect described above.
Harassment may also include so-called quid pro quo sexual harassment, meaning unwelcome sexual advances, requests for sexual favors, and other verbal, written, visual or physical conduct of a sexual nature when:
i. submission to that conduct is made either explicitly or implicitly a term or condition of employment or educational status; or
ii. submission to or rejection of such conduct is used as a component of or as the basis for employment decisions (such as wages, evaluation, advancement, assigned duties or shifts) or educational/student life-related decisions (such as grades, class assignments, or letters of recommendation, or residence-related decisions) affecting an individual.
Examples of sexual harassment include, but are not limited to, the following:
- touching or grabbing a sexual part of a student’s or employee's body;
- touching or grabbing any part of a student’s or employee's body after that person has indicated, or it is known or reasonably should be known, that such physical contact was unwelcome;
- continuing to ask a student or employee to socialize on or off-duty when that person has indicated s/he is not interested;
- displaying or transmitting sexually suggestive pictures, objects, cartoons, or posters if it is known or reasonably should be known that the behavior is unwelcome;
- continuing to write sexually suggestive notes or letters if it is known or reasonably should be known that the person does not welcome such behavior;
- referring to or calling a person a sexualized name if it is known or reasonably should be known that the person does not welcome such behavior;
- regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or reasonably should be known that the person does not welcome such behavior;
- derogatory or provoking remarks about or relating to a student’s or employee's sex or sexual orientation;
- harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation.
3. Retaliation
Retaliating against a person who has filed or supported a good faith complaint of any type of harassment as defined above, including but not limited to ostracizing the person, pressuring the person to drop or not support the complaint, or adversely altering that person's educational, living, or work environment, is strictly prohibited by College policy and may be unlawful depending upon the circumstances, whether or not the harassment complaint is ultimately found to have merit.
4. Confidentiality
People who have concerns about harassment often ask for assurances about confidentiality.
In general, the law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional or religious advisor. The medical, mental health, and religious professionals at Middlebury College respect and protect confidential communications from students, faculty and staff to the extent they are legally able to do so. One of these professionals may have to breach a confidence, however, when he or she perceives an immediate and serious threat to any person or property. In addition, medical and mental health professionals are required by law to report any allegation of sexual assault of a person under 18.
General inquiries to College officials about policies or procedures, and conversations in which the alleged wrongdoer is not identified by name or by implication from the circumstances may remain private. In all cases, Middlebury College will endeavor to protect the privacy of individuals to the extent it can do so consistent with its obligations to adopt and implement anti-harassment protocols. The College has an obligation to investigate complaints of harassment, however, and to take reasonable steps to prevent ongoing harassment (see below), so strict confidentiality may not be guaranteed.
Middlebury College is also part of a larger community and context. If there is an independent investigation or lawsuit related to a harassment or retaliation matter, those involved or others may be required by law to provide documents or testimony. Moreover, even where all parties involved wish to maintain confidentiality, the College may nevertheless need to intervene.
B. Procedures for Addressing Harassment
1. In General
Faculty and staff in Middlebury College programs receive training on harassment and retaliation prevention and procedures. All members of the College community are expected to promote an environment free from prohibited harassment and retaliation. Employees with supervisory responsibility are expected to take steps to address and remediate harassment and retaliation should it come to their attention. Supervisors should report all complaints or suspected acts of harassment or retaliation (even if it does not involve direct reports) to the Human Relations Officer in accordance with Section 2, below, and/or to Human Resources. Depending upon the circumstances of a given situation, supervisors may be responsible for taking steps such as, by way of example but not limitation, addressing issues directly with staff, faculty, or students whom they supervise, facilitating informal resolution or mediation of issues, providing information on avenues to address questions of harassment and/or retaliation, or pursuing complaints under the complaint procedures described here. Failure of a supervisor to report or address harassment or retaliation complaints or suspected acts of harassment or retaliation appropriately may be considered a violation of College policy.
2. Complaints
Any Middlebury College student, faculty member or staff member who has reasonable cause to believe that harassment, including sexual harassment, has occurred or is occurring, or who believes that she or he has been subjected to retaliation for having brought or supported a complaint of harassment, is encouraged to bring that information to the immediate attention of the Human Relations Officer who is designated to receive such reports in the College program at issue. If the designated Human Relations Officer is unavailable, or if the Human Relations Officer has a conflict of interest, the report should be made to the designated alternate Human Relations Officer for the program at issue. The alternate shall have the same authority as the designated Human Relations Officer to process and investigate harassment and retaliation reports and complaints. Appendix A to this policy lists names and contact information for offices and/or individuals serving as Human Relations Officers and alternate Human Relations Officers in the College’s various programs and locations.
(I). Faculty/Staff
When the Human Relations Officer receives actual notice – i.e., a written or oral complaint directed to the Human Relations Officer – of conduct that may constitute prohibited harassment of or retaliation against a staff or faculty member committed by a student, staff or faculty member, the College will initiate the following process:
a. The Human Relations Officer will determine initially whether the report or complaint alleges conduct that is prohibited by this policy.
b. If the Human Relations Officer determines that the report or complaint does fall within the scope of this policy, she or he will, individually or in conjunction with other College offices or individuals, conduct or supervise an investigation of the report or complaint that is appropriate under the circumstances.
c. The Human Relations Officer will then work with College offices that have authority over the individuals involved in the matter, and the College will promptly take any necessary and appropriate remedial action.
d. If the Human Relations Officer finds that a staff or faculty member has engaged in harassment or retaliation against another staff or faculty member, the Human Relations Officer will refer the matter to the appropriate supervisory authority and/or the Human Resources Department for disciplinary action, up to and including termination of employment, or other action as deemed appropriate under the circumstances. If the Human Relations Officer finds that a student has engaged in harassment or retaliation against a staff or faculty member, the Human Relations Officer will refer the matter to the Dean of the College (undergraduate program) or the Vice President for Language Schools, Study Abroad and Graduate Programs (other programs) for disciplinary action, up to and including dismissal from the College program at issue, or other action as deemed appropriate under the circumstances.
(II). Students
When the Human Relations Officer receives actual notice – i.e., a written or oral complaint directed to the Human Relations Officer – of conduct that may constitute prohibited harassment of or retaliation against a student committed by a student, staff member or faculty member, the College will initiate the following process:
a. A copy of this policy will be provided to the complainant and the person alleged to have engaged in harassing and/or retaliatory conduct.
b. If the complaint is oral, the Human Relations Officer or appropriate staff member will assist the complainant in reducing the complaint to writing, including the time, place, and nature of the conduct, and the identity of the participants and the complainant.
c. The Human Relations Officer will, within one business day of receiving the written complaint, commence an initial investigation to determine, within five business days, whether there is cause to believe that prohibited harassment and/or retaliation has occurred or is occurring (unless special circumstances warranting additional time are present and documented).
d. The Human Relations Officer may also at any time take appropriate steps, including by way of example only, issuance of no contact orders or temporary changes in assignment of duties, to protect complaining parties on an interim basis.
e. If the Human Relations Officer’s initial investigation results in a finding that there is cause to believe that harassment or retaliation has occurred or is occurring, the Human Relations Officer shall promptly appoint a fact finder, who shall conduct or continue an investigation and provide a report to the Human Relations Officer in sufficient time for the Human Relations Officer to make a final determination within thirty (30) days of the fact finder’s appointment. However, if the Human Relations Officer’s initial investigation results in a finding that harassment or retaliation has occurred or is occurring (such that further fact-finding would be unnecessary), the Human Relations Officer has the discretion to issue a final determination without the appointment of another fact finder.
f. If the Human Relations Officer’s initial investigation results in a finding that there is not cause to believe that the conduct complained of occurred, or, if it occurred, did not constitute prohibited harassment or retaliation under this policy, the complaining party may nevertheless request that the Human Relations Officer appoint a fact finder to conduct an investigation as described above. If the Human Relations Officer’s initial investigation results in a finding that harassment or retaliation has occurred or is occurring (such that further fact-finding would be unnecessary) and the person complained against disputes this finding, the person complained against may nevertheless request that the Human Relations Officer appoint a fact finder to conduct an investigation as described above.
g. The Human Relations Officer shall receive the report of the fact finder and complete a review of a matter referred under subsection e. or f. and make a final determination within thirty (30) days of the referral (unless special circumstances warranting additional time are present and documented).
h. If review of a matter referred under subsection e. or f. results in a finding by the Human Relations Officer that prohibited harassment or retaliation has occurred or is occurring, both the complainant and the person who engaged in the prohibited conduct shall be advised of a plan to address the conduct and to prevent harassment and/or retaliation from continuing. The plan may include, by way of example only and as appropriate in a given case, such measures as required attendance at anti-harassment training, reassignment of housing, and academic accommodations. If the Human Relations Officer finds that a staff or faculty member has engaged in harassment of or retaliation against a student, the Human Relations Officer will refer the matter to the appropriate supervisory authority and/or the Human Resources Department for disciplinary action, up to and including termination of employment, or other action as deemed appropriate under the circumstances. If the Human Relations Officer finds that a student has engaged in harassment of or retaliation against a student, the Human Relations Officer will refer the matter to the Dean of the College (undergraduate program) or the Vice President for Language Schools, Study Abroad and Graduate Programs (other programs) for disciplinary action, up to and including dismissal from the program at issue, or other action as deemed appropriate under the circumstances.
i. In cases arising in Vermont, a student who is dissatisfied with the decision of the College or with the adequacy of the College’s response to harassment or retaliation, may by written request to the Dean of the College (for matters related to the undergraduate program) or the Vice President for Language Schools, Schools Abroad, and Graduate Programs (for other College programs, as appropriate given the College program at issue), ask for independent review. The Dean or Vice President will initiate independent review by a neutral person selected from a list developed jointly by the Vermont Commissioner of Education and the Vermont Human Rights Commission. The costs of the independent review shall be borne by the College. The College may request an independent review at any stage of the process.
The independent reviewer does not conduct a second investigation. The review focuses on the College’s response to the complaint of harassment, considering the adequacy of the investigation that was conducted and not the outcome of the investigation (i.e. whether or not the conclusion was correct as to whether harassment occurred). The independent review shall consist of an interview of the student and relevant College officials and a review of any written materials from the College’s investigation. The independent reviewer shall be considered an agent of the College for the limited purpose of being able to review confidential student records. During the independent review, the College’s determination and all actions taken by the College in response to the harassment complaint shall remain in full force and effect.
Upon completion of the independent review, the reviewer shall advise the student and College officials in writing (1) as to the sufficiency of the College’s investigation, its determination, and/or the steps taken by the College to correct any harassment found to have occurred, and (2) of recommendations of any steps the College might take to prevent further harassment from occurring. The reviewer shall advise the student of other remedies that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution.
III. Alternative Dispute Resolution
At all stages of the investigation and determination processes, College officials, when appropriate, may make available to complainants alternative dispute resolution methods, such as mediation, for resolving complaints. In assessing whether alternative dispute resolution is appropriate, College officials may consider factors such as, for example, (1) the nature of the accusations, (2) the agreement of the complainant and the accused individual, (3) other relevant factors such as any disability of the complainant or the accused, or any history of repeated misconduct/harassment of the accused individual. If an alternative dispute resolution is either not appropriate or is unsuccessful, College officials shall continue the investigation in accordance with the timelines established in the policy.
IV. Plans or Directives Issued by the Human Relations Officer
In any case in which the Human Relations Officer has made a finding of harassment or retaliation, violation of a plan or directive issued by the Human Relations Officer to address the harassment or retaliation may be grounds for further discipline.
V. Other Procedures
The decision of the Human Relations Officer with respect to factual determinations shall be final except as otherwise stated in Section B.2. II. i., above.
All witnesses interviewed in connection with a harassment or retaliation investigation are expected to cooperate fully in the investigation by providing complete, accurate, and truthful information. Such witnesses may also be expected to sign statements or other documents memorializing the information provided in the course of the investigation and may be asked to keep the substance of the interview confidential. Failure to cooperate fully with the investigator may subject the employee or student to the full range of disciplinary actions, as applicable, up to and including termination of employment or suspension or expulsion from the College.
Students, faculty, and staff in all instances have the option to pursue harassment or retaliation charges beyond the College, utilizing local, state, or federal enforcement agencies as appropriate, regardless of whether they choose to file a complaint on campus. The following agencies may be able to offer assistance in Vermont; students, faculty and staff at Middlebury programs in other locations may contact their Human Relations Officer for similar resources in their area (see Appendix A attached hereto for contact information):
Vermont Attorney General's Office, Civil Rights Unit
109 State Street, Montpelier, VT 05609
(802) 828-3657 or 888-745-9195 (toll free in Vermont) or (802) 828-3665 (TTY)
www.atg.state.vt.us
Equal Employment Opportunity Commission , Boston Area Office
One Congress St.,10th Floor, Room 1001,Boston, MA 02114
(800) 669-4000 or (617) 565-3200 (voice),
(800) 669-6820 or (617) 565-3204 (TTY)
www.eeoc.gov
Office for Civil Rights/Boston, U.S. Department of Education
33 Arch Street, Suite 900, Boston, MA 02110
(617) 289-0111
www.ed.gov/ocr
Vermont Human Rights Commission
135 State Street, Drawer 33
Montpelier, VT 05633-6301
(802) 828-2480 (phone and TTY)
(800) 416-2010 (toll free in Vermont only)
877-294-9200 (TTY)
www.hrc.state.vt.us
There are certain time deadlines for the filing of complaints with the above state and federal agencies and/or state or federal court. Therefore, an individual who chooses to pursue harassment or retaliation charges beyond the College’s procedures should contact these agencies or his or her attorney for further assistance.
Each agency listed above can conduct impartial investigations, facilitate conciliation, and if it finds that there is probable cause or reasonable grounds to believe that unlawful harassment or retaliation has occurred, it may take the case to court.
Copies of this policy will be provided to all Middlebury College program faculty, staff and students. Printed copies of the Anti-Harassment Policy are also available at several College offices, including Vice President for Language Schools, Schools Abroad and Graduate Programs, Dean of the Faculty, Human Resources, Institutional Diversity, and Public Safety. This policy is available on the Middlebury College Web site: http://go.middlebury.edu/anti-harassment. This policy may be amended from time to time; the web site referenced above should be consulted for any updates. The amended policy, as published through the College’s web site, shall supercede wholly any prior versions of the policy. Reasonable accommodations will be provided for persons with disabilities who need assistance in filing or pursuing a complaint of harassment or retaliation, upon request.
A student may file a complaint of harassment or retaliation relating to the conduct of the Human Relations Officer with the Dean of the College or the Vice President for Language Schools, Schools Abroad, and Graduate Programs, as appropriate given the program at issue. Faculty and staff may file complaints relating to the conduct of the Human Relations Officer with the Associate Vice President for Human Resources and Organizational Development.
VI. The Human Relations Office and Record Keeping
The Human Relations Officer will keep confidential records or reports of harassment and the actions taken in response to those reports, and use them for purposes such as to identify individuals or departments likely to benefit from training. No identifying information will be retained in cases where the individual accused was not informed that there was a complaint.
The Human Relations Officer will track reports of harassment for statistical purposes and report to the President concerning the number, nature and disposition of such reports.
The Human Relations Officer is appointed by the President. Information about harassment and the Human Relations Officer is available at several college offices: Dean of the College, Dean of the Faculty, Human Resources, Commons, Institutional Diversity, Public Safety, and on the web at www.middlebury.edu/campuslife/diversity/hro or http://go.middlebury.edu/hro.
C. Policy on Sexual Relationships Between Faculty and Students
The integrity and trust of the faculty-student relationship is central to the mission of Middlebury College. A sexual relationship between a faculty member and a student for whom he or she has current direct academic or other professional responsibilities violates the standards articulated by the American Association of University Professors. It undermines – in fact or by perception -- the integrity of the evaluative process as well as the trust, respect and fairness essential to the educational environment. Such relationships are inappropriate and members of the faculty are expected to avoid them and the potential conflicts of interest, favoritism, or bias they may bring about.
Faculty should be aware that a seemingly consensual sexual relationship with a student may nevertheless meet the legal definition of sexual harassment, as lack of mutual consent may be inferred from the power differential in faculty-student relationships. In addition, where a faculty member’s relationship with a student has, on the basis of sex, the purpose or effect of substantially interfering with the work or academic performance of other persons, or creates, on the basis of sex, an intimidating, hostile, or offensive working, living, or educational environment, the faculty member’s conduct may constitute a violation of the College’s Anti-Harassment Policy.
D. Intellectual Inquiry and Debate
Middlebury College is a community of learners and as such recognizes and affirms that free intellectual inquiry, debate, and constructive dialogue are vital to the academic mission of the College and must be protected even when the views expressed are unpopular or controversial. This Anti-Harassment Policy statement is meant neither to proscribe nor to inhibit discussions, in or out of the classroom, of complex, controversial, or sensitive matters, including sex, sexual orientation, gender identity or expression, race, color, ethnicity, religion, marital status, place of birth, ancestry, national origin, age, or disability, when in the judgment of a reasonable person they arise appropriately and with respect for the dignity of others. Middlebury College also recognizes that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry, and learning. Such abuses are unacceptable. The "reasonable person standard" is to be used in judging whether harassment has occurred.
Amended on June 9, 2009; supercedes the College’s Anti-Harassment Policy dated October 28, 2008.
APPENDIX A
Middlebury College (Undergraduate Program)
Susan P. Ritter, Esq.,
Human Relations Officer
Middlebury College
McKinley House
422 S. Main Street
Middlebury, VT 05753
802.443.2246
Alternate Human Relations Officer (All Middlebury Programs)
Laura Carotenuto
Alternate Human Relations Officer
Middlebury College
Human Resources
Service Building
Middlebury, VT 05753
802.443.2012
Middlebury Summer Language Schools (Vermont)
Elizabeth Karnes Keefe
Human Relations Officer
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685
Middlebury Summer Language Schools at Mills College
Laura Wineland
Human Relations Officer
5000 MacArthur Blvd.
Oakland CA 94613
510.430.2284
California Agencies:
Office for Civil Rights
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone: 415.486.5555
Equal Employment Opportunity Commission
350 The Embarcadero
Suite 500
San Francisco, CA 94105-1260
Phone: 1-800-669-4000
Department of Fair Employment and Housing (DFEH)
Department of Fair Employment and Housing
Oakland District Office
1515 Clay Street, Suite 701
Oakland, CA 94612
Telephone: (510) 622-2941
Bread Loaf School of English
Bread Loaf Writers' Conference
Elizabeth Karnes Keefe
Human Relations Officer
Middlebury College
Sunderland Language Center 210
Middlebury, VT 05753
802.443.5685
On-Site Contacts:
Bread Loaf School of English/ (Vermont)
James Maddox, Director
Emily Bartels, Associate Director
Bread Loaf CPO
4265 Ripton 125
Middlebury, VT 05753
802.443.5418
Bread Loaf School of English (North Carolina)
Tilly Warnock, Director
Karpen Hall #213, CPO #2130
One University Heights, UNC Asheville
Asheville NC 28804
828.251.6603
North Carolina Agencies:
Office for Civil Rights
U.S. Department of Education
1100 Pennsylvania Ave., N.W. Rm. 316
P.O. Box 14620
Washington, D.C. 20044-4620
Phone: 202.786.0500
Equal Employment Opportunity Commission
Charlotte District Office
129 West Trade Street
Suite 400
Charlotte, NC 28202
Phone: 1.800.669.4000
Bread Loaf School of English (New Mexico)
Cheryl Glenn, Director
St. John's College
1160 Camino Cruz Blanca
Santa Fe, NM 87505
505.995.4084
New Mexico Agencies:
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
303.844.5695
Equal Employment Opportunity Commission
505 Marquette, NW
Suite 900 – 9th Floor
Albuquerque, NM 87102
1.800.669.4000
Bread Loaf School of English (Oxford)
John Fyler, Director
Lincoln College
Oxford OX1 3DR
United Kingdom
011.44.1865.279019
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:
- By compelling the other person to participate in a sexual act without consent; or
- By threatening or coercing the other person; or
- By placing the other person in fear that any person will suffer imminent bodily injury; or
- 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:
- Is mentally incapable of understanding, or for any reason, including intoxication, is unaware of the sexual act; or
- Is physically incapable of resisting or of communicating an unwillingness to participate; or
- 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 students. 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 Students 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 students, your Commons dean, and the Health Center. Reporting a sexual assault to Public Safety does not commit you to pursuing a judicial complaint. The Department of Public Safety encourages survivors to report any sexual assualt to the Middlebury Police.
The Commons Deans and the Office of the Dean of Students
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. 2246
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, Susan P. Ritter.
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 Students 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 students, 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. Alcohol and Drug Policies
At any time a Commons dean may refer a student for disciplinary action for violations of this policy, or, when health or safety concerns are paramount, to the dean of students.
a. Possession of alcoholic beverage by underage students.
The primary concern of the alcohol policy at Middlebury College is to preserve the health and safety of our College community. The alcohol policy is seen as one component of Middlebury’s commitment to creating an environment of respect, honesty, integrity, accountability and wellbeing for all its members. As part of Middlebury’s overall alcohol education efforts, the alcohol policy aims to heighten awareness around the negative effects of episodic high-risk drinking both for the individual student and for the Middlebury community.
The policy strives to be clear, readily understood, consistent and equally applicable to all students. It encourages students to refrain from drinking if that is their choice and promotes moderation, safety and individual accountability to those students who choose to drink. The policy reflects a belief that when alcohol violations occur an educational response is the ideal approach to help students reflect on their behavior and the decisions they have made. Serious incidents that put the student or others at risk of harm, as well as repeated offenses, however, require a more vigorous response, including referral to the CCHR, referral to a treatment facility, a leave of absence, or even suspension or expulsion.
All students should be aware of the College’s student policy on alcoholic beverages and other illegal substances and the liquor laws of the State of Vermont.
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. Commons dean may elect to meet with the student if circumstances merit this.
iii. Third offense. The student will receive a formal reprimand from the Commons dean. A copy of the reprimand is sent home to parents. The student will be required to meet with his or her Commons dean for consultation. Additional educational requirements and/or assessments may be required at the discretion of the Commons dean.
Any additional citations will result in further disciplinary sanctions and/or health related referrals at the discretion of the Commons dean. Students should be aware that the Commons deans and/or the dean of students will review the totality of the each student’s record when making disciplinary decisions.
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 valid driver's license, state issued liquor identification card, or a passport, may be required. Middlebury College students are also required to carry Middlebury College MiddCards 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 students (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 $200 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, Middlebury College Snow Bowl, and the College libraries is prohibited, except during certain official functions.
13. Consumption of alcoholic beverages in student organization spaces (for example, WRMC, The Campus, Middlebury Mountain Club).
14. Consumption of alcoholic beverages is prohibited in any classroom setting, whether in a College building or elsewhere.
15. Consumption of alcoholic beverages is prohibited at any College sporting event or in any athletic venue, except during certain official functions.
16. 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.
17. 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.
18. 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 senior residence director. 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). 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 the senior residence director, Center for Campus Activities and Leadership, or the Office of the Dean of Students designee, based on the location of the event, anticipated attendance and the capacity of the room determined by the Safety Officer.
d. The Commons offices and senior residence director 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 senior residence director 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 Saturday 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. Two parties may not be registered sequentially for the same space.
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 senior residence director, the Office of the Dean of Students 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, the Office of the Dean of Students designee, or Center for Campus Activities and Leadership (CCAL). 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 present and may not consume alcohol before or during the party. Service of alcoholic beverages may not begin until a Public Safety Officer arrives. Kegs must be tapped or punch mixed 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 or senior residence director 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. Kegs may not be stored in student rooms of common areas.
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.
Functions involving the use of hard liquor punch must follow the specified guidelines including the use of an appoved, closed containers. These containers must be requested at the time of Party Registration and are available on a first-come, first-served basis. Complete procedures are available from CCAL, Senior Residence Director and the Commons Office.
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 senior residence director.
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. The president of the social house may not be the party host.
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 Ridgeline Woods houses may be held until 3:00 a.m. The maximum length of any social house party is five hours, except for the Mill which has a four-hour maximum.
e. The Office of the Dean of Students 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/p>
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 or private security 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 senior residence director, Commons Office, the Office of the Dean of Students 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. Class 1 Liquor License Venues on Campus: The Grille; Proctor, Ross, FIC and Atwater Dining
1. Middlebury College maintains a number of Class 1 Vermont liquor licenses. Under such license, beer and wine may be sold at these locations.
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 or possess alcoholic beverages. The 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. Dining bartenders and managers reserve the right to refuse service of alcoholic beverages to anyone.
6. Only alcoholic beverages purchased at the licensed venue may be consumed there. Alcoholic beverages may not be brought in to the licensed venue from outside.
The Grille
a. 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).
b. 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.
c. 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."
Functions at Dining Halls
a. Ross, Atwater, Proctor and FIC Dining Halls do not serve alcohol on a regular basis. 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.
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 Students.
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 students, 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 students (or designee), 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 Students, 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 students (or designee) 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 Students. 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, a selection committee will be convened and led by the Judicial Affairs Officer including one Community Council student member, one Community Council staff or faculty member, one non-returning student member of the Community Judicial Board or Academic Judicial Board, and one staff or faculty member of the Community Judicial Board or the Academic Judicial Board. This selection committee will be responsible for advertising the availability of student positions on the Community Judicial Board and Academic Judicial Board; interviewing applicants; and proposing a slate of student members for each board to the Community Council for ratification. 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 Students 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 students. 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 students 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, a selection committee will be convened and led by the Judicial Affairs Officer including one Community Council student member, one Community Council staff or faculty member, one non-returning student member of the Community Judicial Board or Academic Judicial Board, and one staff or faculty member of the Community Judicial Board or the Academic Judicial Board. This selection committee will be responsible for advertising the availability of student positions on the Community Judicial Board and Academic Judicial Board; interviewing applicants; and proposing a slate of student members for each board to the Community Council for ratification. 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 students 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. 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.
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 students, 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 charges are an exception. The survivor of the reported assault 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.
1a. Disposition without hearing.
Upon receiving written notification of the charges, the accused student has the option of petitioning the Judicial Affairs Officer for a final disposition of the charges. The Judicial Affairs Officer will review the petition. Students who take full responsibility for the charges, and in cases where other parties are not impacted, will have the opportunity for a disposition without hearing. After reviewing the case, consulting with other administrators, and considering the best interests of the College, the Judicial Affairs Officer will determine a final disposition of the charges, as well as any sanctions that would accompany an acknowledgement of guilt. The student will not have the opportunity to reject the disposition. In circumstances where the Judicial affairs Officer (after appropriate consultation) determines that a final disposition of the charges is not in the best interests of the College, the petition will be rejected and the case will go forward to a 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 students is disqualified from sitting on the Community Judicial Board in a particular proceeding, and an alternate dean from the Office of the Dean 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 provost 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 provost 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 provost, 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 provost, 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.
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 provost, 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 provost 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 provost 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 provost 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 provost 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 provost a written response to the appeal. If such written response is received, the provost shall provide a copy to the appealing student, and permit the student to submit a written reply within two days.
c. The provost, 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 provost's decision will be given to the student within seven days of receipt by the provost of the complete records in the case, but failure to meet this notification deadline will not invalidate a decision.
d. Upon notice from the provost that full or limited rehearing has been granted, the administrative co-chair of the Judicial Appeals Board will convene the Judicial Appeals Board. Should questions arise about procedural matters, the appeals authority may ask the chair of the judicial authority from which the case originated to provide clarifying information about the procedures followed in the hearing. Notice will be given to those involved of the date, time, and place of rehearing, which shall be held within seven days of the notice that the rehearing has been granted, absent exigent circumstances.
e. For periods of the academic year when the College is not in regular session, dates for addressing judicial matters will be scheduled at the discretion of the dean or administrator handling the hearing.
3. Finality
For all appeals,
a. If rehearing is not granted, the original decision stands, to take effect as of the date specified in the decision letter.
b. All penalties are suspended during an appeal, except in emergency circumstances as discussed above.
c. The board hearing an appeal may reverse the decision or mitigate a penalty, but may not increase a penalty.
d. Decisions by an appeal board are final, except in cases where the penalty is expulsion, in which case a convicted student may appeal to the president.
Student Fund-Raising
Fund-Raising Policies and Regulations
The Center for Campus Activities and Leadership (CCAL) at Middlebury College gives approval to student organizations to raise money for charitable projects. In addition, student groups may be allowed to raise funds on campus to defray costs of a limited number of special College-approved projects.
a. Permission for fundraising drives will be granted only to current College-recognized student groups.
b. Student groups organizing fund-raising activities not involving the sale of a product or service (e.g., sponsoring a dance or a raffle) must obtain permission for their activity from the director of CCAL or designate. Any student group sponsoring a fund-raising activity involving the sale of a product or service must obtain a Concession Permit from CCAL.
c. When a fundraising activity involves setup, table, or booth, permission for the setup is granted by CCAL. If the requested site involves another department, then the director of that department must also provide permission for the activity to occur there (e.g., the director of athletics must also approve requests for activities at football games and other athletic events). The director of CCAL and the supervisor of the site will decide whether or not one or more activities may occur simultaneously at the same location.
d. Any student organization funded by the Finance Committee of the Student Government Association must obtain prior approval for all fund-raising activities from the Finance Committee. Once approval has been granted, student organizations are subject to items a. through c. above. CCAL will deposit any funds raised into that organization’s account. The organization may not initiate any activity, the profits of which will be used for any direct or indirect contributions to a political campaign.e.
Off-campus
Student groups are not allowed to solicit donations or gifts from local merchants.
Student groups are not allowed to solicit donations or gifts from local merchants.
Under certain circumstances CCAL will approve fundraising efforts that occur off campus.
Student groups wishing to conduct fundraising off-campus must familiarize themselves with and abide by all College policies in addition to all local, state, and federal laws and regulations.
Solicitation
Direct solicitation for fundraising via campus mail or e-mail is prohibited.
College directories may never be used for the purpose of solicitation.
Door-to-door solicitation in residence halls is prohibited. In addition, the solicitation of faculty and staff in their campus offices is prohibited. Door-to-door solicitation is also prohibited off campus.
Coin and cash collection jars are not permitted.
Students and student groups may not solicit funds or sales from parents or alumni.
Raising Funds for Charity
Student groups may raise funds for off-campus charities (eg. American Red Cross).
When revenue is generated by a student organization from an activity that was approved by the Student Government Association (SGA) Finance Committee using Student Activities Fee (SAF) money,the revenue must be returned, in full, to the organization’s Middlebury College account. All revenue up to the principle spent on the activity must be spent according to Finance Committee Guidelines. All additional proceeds may be spent at the organization’s discretion within the parameters of CCAL and the rules of Middlebury College. If new money was allocated for the activity, revenue will be repaid to the general SAF first, up to the amount of the new allocation, and then the proceeds will go into the individual organization’s account. Exceptions to this rule may be considered by the SGA Finance Committee.
Organizations wishing to make donations to charitable organizations may use the proceeds from certain activities (see above). Allocated funds cannot be used for donations.
Organizations may collect funds through cash, debit cards, credit cards, or checks made out to Middlebury College. Checks may also be made out directly to the charity.
Organizations may not raise funds for polical campaigns.
Sale and Distribution of Food On Campus
Recognized student organizations may distribute food in designated locations, as well as outdoor events, provided they have received prior approval from the Center for Campus Activities and Leadership and the Director of Dining Services.
Student Vendors
The College may, at its discretion, approve selected student entrepreneurial activities to function on campus. These student-run businesses – Student Vendors – involve the sale of a product or service solely for students at Middlebury College. For details, see the
Student Vendors policy.
Student Vendors
Middlebury College gives approval for selected student entrepreneurial activities to function on campus. These student-run businesses – Student Vendors – involve the sale of a product or service solely for students at Middlebury College.
The College may, at its discretion, permit the establishment of student-run businesses on campus. Regulations and permitting of these businesses will be established by the College administration. A failure to abide by these regulations or to receive approval for a business in advance of its operation may result in College disciplinary action.
Middlebury College is not responsible in any part for the functions, sales, taxes, or operations of student businesses.
- Permission for Student Vendors will be granted only to current students. Permission is granted through the Office of the Controller.
- Student Vendors must negotiate a contract with the College that would describe the services that will be provided, the points of impact that may require College staff assistance, and a confirmation that all appropriate insurance, licensing and compensation provisions have been established.
- Contract terms are required to be renegotiated annually.
- Contracts may be canceled by the College at any time should the College determine that the contract provisions have been violated.
- Once a Student Vendor has been approved, it will be allowed to function within the confines of the Middlebury College and must abide by all College rules and regulations – as well as the stipulations detailed in its contract with the College.
- When the sale of a product or service involves setup, table, or booth, permission for the setup is granted by the Center for Campus Activities and Leadership (CCAL). If the requested sale site involves another department, then the director of that department must also provide permission for the sales to occur there (e.g., the director of athletics must also approve requests for sales at football games and other athletic events). The director of CCAL or designate and the supervisor of the sale site will decide whether or not one or more activities may occur simultaneously at the same location.
- Student Vendors are required to pay for all College services that are requested. These charges include but are not limited to: the collection and distribution of keys, the loss of a key and the re-coring of locks, delivery and set up of tables, etc. It is the responsibility of the student business to request information about potential costs of services before services are requested. Failure to request information about a potential cost will not absolve the Student Vendor from being responsible for the fee.
- Damage to College property is the responsibility of the student business. The student or students named in the contract will be billed. Damage to property may result in the cancelation of the student business contract.