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 Department 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.
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 the College. If you choose to file a formal complaint you will be asked to put your complaint in writing. An investigation and hearing will be conducted. If the accused is found guilty , disciplinary action will be taken.
A student who believes he or she may have experienced sexual assault is encouraged to seek medical care and supportive counseling as soon as possible. Evidence of such an assault may be collected during a medical examination at Parton Health Center by a Sexual Assault Nurse Examiner (SANE) after an assault has occurred.
We encourage you to seek assistance from the many campus and community resources available to you.
Summary of Resources for Survivors of Sexual Assault or Attempted Sexual Assault
A student who believes he or she has experienced sexual assault may file a formal complaint at the College and/or pursue criminal charges or legal remedies.
On behalf of the College, the deans have several options that they can offer to a survivor of sexual assault, as appropriate to the circumstances , including:
i. discussion about options regarding different levels of addressing the assault;
ii. assistance with filing charges through the College judicial system;
iii. facilitation of a mediated discussion with the alleged perpetrator;
iv. issuance of a no-trespass or no-contact letter;
v. referral to counseling and other support services;
vi. academic allowances or changes in living arrangements; and
vii. assistance in notifying proper law enforcement authorities, if the student so chooses.
Students are encouraged to report incidents of sexual assault to the Department of Public Safety, the Office of the Dean of the College and/or the Middlebury Police Department, and to seek medical care and supportive counseling.
Confidentiality
In general, the law recognizes and protects the confidentiality of communications between a person seeking care, on the one hand, and a medical or mental health professional or religious advisor, on the other hand. The medical, mental health, and religious professionals at Middlebury College respect and protect confidential communications from students. Medical and mental health professionals are required by law, however, to report any incident of sexual assault of a person under 18; and any recipient of a confidential communication may have to breach that confidence where there is perceived to be an immediate and serious threat to self, others, or property.
Campus Resources
Parton Health Center, Ext. 5135
Two Sexual Assault Nurse Examiners (SANE) are on staff at Parton Health Center to coordinate the physical and psychosocial care of the sexually assaulted patient. They have received specialized training to provide comprehensive care to victims of sexual assault including physical assessment and collection of forensic evidence using a Sexual Assault Evidence Kit ("Rape Kit"). They are on-call 24 hours a day. Please see information under Community Resources: Porter Hospital Emergency Room below. Registered nurses, a physician, and nurse practitioners are available as an adjunct to the SANE’s to provide medical care , testing, support, information on pregnancy and sexually transmitted diseases, emergency contraception and referrals. Care to students is provided at no cost. Lab tests done at the Health Center or outside lab tests or medical care will be paid for by the Vermont State Victim’s Compensation Fund at the student’s request. Services are confidential and information is not shared without the student’s written permission, with the limited exceptions stated above, where there is an immediate threat to a person’s life or safety, or where a person under the age of 18 has been sexually assaulted.
Center for Counseling and Human Relations, Ext. 5141
Individual short-term and crisis counseling is available. These services are confidential, except in the limited circumstances described. Mental health professionals are required to report to law enforcement authorities the sexual assault of a person under the age of 18, or where there is risk of immediate danger to self, others, or property. Consequently, in some circumstances, providers may not be able – legally or ethically – to maintain confidentiality. If you need to speak with a counselor after 5:00 p.m. or on a weekend, call the Health Center and the nurse on duty will call a counselor for you.
College Chaplain, Ext. 5626
The College Chaplains are available to provide supportive and confidential counseling.
Department of Public Safety, Ext. 5911.
If you have been sexually assaulted, you are encouraged to report the incident to the Department of Public Safety . Public Safety is available to provide transportation to Parton Health Center or to the Porter Medical Center Emergency Room. Upon receiving a report of sexual assault, Public Safety may alert the campus and community that a sexual assault has occurred if there is concern about further risk to others. The warning will be general and will not specify your name or other identifying information. Reports of sexual assault made to Public Safety will result in the notification of the sexual assault incident to the dean of the College, your Commons dean, and the Health Center. Reporting a sexual assault to Public Safety does not commit you to pursuing a judicial complaint. The Department of Public Safety encourages survivors to report any sexual assault to the Middlebury Police.
The Commons Deans and the Office of the Dean of the Collge
The Commons deans are available to support you by arranging extensions on academic assignments, reassessing course load and/or making changes in housing assignments, etc., when necessary, appropriate, and feasible. The deans in the Office of the Dean of the College can also assist you. In a student-to-student sexual assault situation, you do not have to file a formal complaint in order to request help from the deans.
Formal charges of sexual assault may be filed with the dean of your Commons, or the dean of the College. You may consult with any of the resources mentioned to determine your options. If you choose to file a formal written complaint, an investigation and judicial hearing will be conducted. Disciplinary action will be taken if the alleged offender is found guilty.
Human Relations Officer, Ext. 5615
In some instances, filing a formal complaint through the College sexual harassment complaint process may be appropriate. For more information you may contact the Human Relations Officer, Shirley Ramirez, ext. 5615.
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 or Vermont State Police
388-3191 388-4919
You may report an assault to the police. Assaults on campus should be reported to the Middlebury Police Department. Assaults occurring in Vermont, but outside the town of Middlebury, should be reported to the Vermont State Police. Assaults that occur outside of Vermont should be reported to the police department that serves the location where the assault took place.
In Vermont, reporting the assault to the police will result in an investigation of the crime. Police will interview you and take a detailed statement of what occurred. You may have persons present with you during the interview to provide emotional support. The police will also interview witnesses, collect any physical evidence, and attempt to interview the assailant.
You should provide the names of any witnesses to the crime or names of any witnesses who saw you and the assailant together immediately before or after the assault. Police will interview witnesses, collect physical evidence (clothing worn at the time, bed clothes, condoms, condom wrappers, items handled by the assailant), photograph any injuries and will attempt to find and interview the assailant.
Once the investigation is completed, the police will bring the paperwork to the State’s Attorney who will decide what, if any, charges should be filed. It is the State’s Attorney’s decision alone as to whether charges are filed.
If charges are filed, the State’s Attorney’s Office will provide you with more information regarding procedures, and your rights during a criminal judicial process. The Victim’s Assistant at the State’s Attorney’s Office will provide you with information regarding counseling, and restitution for medical or other expenses, and will keep you advised as to the progress of the case while it is pending.
If charges are filed, you will be expected to attend an informal meeting where you will be questioned under oath by the defense attorney. This is called a deposition. The State’s Attorney will be present at the meeting and will make sure that you are treated with dignity and respect. In Vermont, questioning regarding a survivor’s sexual history is not permitted at any time during the case.
Although most cases are settled without a trial, you may be required to appear in court and testify regarding the details of the assault. The Vermont media generally have a policy of not reporting the name of the survivor in any news accounts of the trial or other proceedings.
During the time the case is pending the defendant will not be permitted to have any contact with you.
The telephone number for the Addison County State’s Attorney’s Office is 388-7931
Pursuing a Formal Complaint on Campus, and Campus Judicial Procedures
Whether or not to file a complaint with the College is up to the student who is the survivor of an assault. A student who believes he/she has been assaulted by another student may speak with the Commons deans or deans from the Office of the Dean of the College about the incident and seek their support without pursuing formal action.
In the unusual circumstance in which a dean determines there is significant risk to members of the College community, the dean may be obligated to pursue action to protect the community. The dean is obligated to report allegations against a faculty or staff member to the designated College administrative office for appropriate action.
Judicial Procedures
Should a student choose to file charges through the college judicial system, the judicial hearing process will follow the procedures outlined in the Judicial Boards and Procedures section of the Middlebury College Handbook Campus judicial hearings are less formal than courtroom proceedings. They are intended to avoid intimidation of the person bringing the charge, while respecting the rights of the accused person to fair proceedings and an impartial hearing.
Special note should be given to the following procedures:
Should a student choose to file charges through the college judicial system, the judicial hearing process will follow the procedures outlined in the Judicial Boards and Procedures section of the Middlebury College Handbook Campus judicial hearings are less formal than courtroom proceedings. They are intended to avoid intimidation of the person bringing the charge, while respecting the rights of the accused person to fair proceedings and an impartial hearing.
Special note should be given to the following procedures:
i. Jurisdiction
Sexual assault charges against a Middlebury student will be heard by the Community Judicial Board. A letter transmitting the charges will be given to the party charged.
ii. Support Person
The party charged and the party originating the charge may each bring an adviser who is a member of the College community. The advisers may be consulted by their advisees during the hearing, but, unless specifically invited, may not otherwise participate in the proceedings. In addition, either party may bring a member of the College community as a character witness. Prior to the commencement of the hearing, each student shall provide the chair with the names of persons serving as advisers and/or character witnesses.
iii. Privacy
Students should know that reports made to the Department of Public Safety will be shared with the student’s Commons dean, the dean of the College, and the Health Center. Reports made directly to the Health Center and the Counseling Center are considered confidential medical records, and will not be shared with other College offices without the student’s consent. Reports or records maintained by the College (including medical records) may, however, be subject to subpoena if a civil or criminal charge is filed in court.
Campus judicial hearings on sexual assault charges are closed. However, if either party requests that the hearing be "open" and both parties agree, the judicial proceedings may be open to the College community, subject to space limitations consonant with conducting a judicial hearing. If the judicial process is disrupted during any open meeting, the chair may close the meeting to the general community. In this event, the party charged and the party bringing the charge may each select two members of the College community as observers. Either party, with the consent of the other party, may permit continuation of coverage by the College press.
iv. Notification
As required by law, both the accuser and the accused will be informed of the outcome of campus disciplinary proceedings alleging a sexual assault, or attempted sexual assault. Both the outcome of guilt or innocence, and the sanction, if applicable, will be disclosed to the accuser and the accused. The accused will receive notification in writing; the accuser will be verbally informed. The Department of Public Safety shall be notified of any safety issue such as a No Contact Order, or a student being restricted from campus.