Sexual harassment is a violation of an individual's basic civil rights and will not be tolerated by Middlebury College. Sexual harassment is against the law and violates Middlebury College's Policy.
Middlebury College's Harassment Policy Statement (1992) prohibits harassment based on sex, sexual orientation, race, religion, national origin, age or physical ability. This policy states:
As an educational institution, Middlebury College is committed to maintaining a campus environment where bigotry and intolerance, including discrimination on the basis of sex, sexual orientation, race, ethnicity, religious beliefs, physical ability or age have no place, and where any form of coercion or harassment that insults the dignity of others and interferes with their freedom to learn or work is unacceptable. Harassment, as defined below, is antithetical to the mission of this College. In addition, many forms of harassment have been recognized as violations of the civil rights laws by the Federal Courts, by the U.S. Equal Employment Commission, by the State of Vermont and by the U.S. Department of Education.
Middlebury College defines harassment as verbal or physical conduct which on the basis of sex, sexual orientation, race, religion, national origin, age or physical ability has the purpose or effect, from the point of view of a reasonable person, either of interfering with an individual's educational or work performance or of creating an intimidating, hostile or offensive educational, work or living environment. Harassment includes such conduct specifically directed at an individual or a small group of individuals and expresses hatred or contempt on the basis of stereotyped group characteristics or because of a person's identification with a particular group. Harassment also includes violence in word or deed or attempts to incite violence directed against members of these groups because of their group identification. In addition, harassment may include repeated slurs, or taunts in the guise of a joke, or disparaging references to others, when such conduct is based on sex, sexual orientation, race, ethnic origin, religion, physical ability or age.
With specific reference to sexual harassment, in addition to conduct which creates a hostile environment, sexual harassment includes what a reasonable person would judge to be unwelcome sexual advances or requests for sexual favors which explicitly or implicitly affect educational or employment decisions concerning an individual. Those in positions of authority must recognize that in their relationships with subordinates and students there is always an element of unequal power. It is incumbent upon those with authority not to abuse the power with which they have been entrusted.
Moreover, Middlebury College embraces the ethical standard set forth by the American Association of University Professors, which holds that a professor, in order to encourage the free pursuit of learning, must avoid any exploitation of students for his/her private advantage. Accordingly, faculty and staff members should be aware that romantic and sexual involvements with students over whom they have direct or indirect authority are discouraged by Middlebury College, even though such involvements need not always constitute a form of sexual harassment.
Middlebury College recognizes that the protection of free and open speech and the open exchange of ideas is essential to any academic or artistic community, crucial for the activities of scholars and artists. It is, therefore, an important element in the "reasonable person standard" to be used in judging whether harassment has occurred. This 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, race, ethnicity, religious orientation, age or physical ability, when in the judgement of a reasonable person they arise appropriately and with respect for the dignity of others. Middlebury College is a community of learners and as such recognizes and affirms that free and honest 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. Middlebury College also recognizes, however, that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry and learning. Such abuses are unacceptable. If someone believes that another's speech or writing is offensive, wrong or hurtful, he or she is encouraged to express that judgement in the exercise of his or her own freedom of speech or to seek redress when appropriate.
State and federal laws strictly prohibit retaliation against complainants who have filed a complaint in good faith and against individuals who have participated in good faith in the investigation and/or resolution of harassment claims. This includes investigators, members of hearing boards, witnesses, etc. Middlebury College will investigate claims of retaliation and impose disciplinary sanctions where appropriate.
Middlebury College maintains that all members of its community have the right to participate in the life of the College without harassment or intimidation. The College remains firmly committed to protecting these rights for all members of the College community.
It is important to recognize that both men and women are affected by and can be the recipients of sexual harassment. Sexual harassment can occur between a faculty member and a student, a supervisor and a student employee, an adviser and a student, a staff person and a student, or between two students. Sexual harassment may also occur between a supervisor and an employee, two members of the staff, two members of the faculty, or a faculty member and a staff person. Sexual harassment may also involve groups of people.
Examples of possible sexual harassment include, but are not limited to, the following:
- repeated homophobic graffiti on an individual's message board
- intrusive questions about one's personal life
- intimidation, hostility, or condescension which is based on a person's gender or sexual orientation
- repeated slurs, taunts, or humiliating jokes when such conduct is based on sex or sexual orientation
- repeated requests for socializing when a person has indicated he/she is not interested
- unwanted physical contact such as touching, pinching, brushing up against, patting or rubbing a traditionally sexual part of a person's body
- trapping a person or in some way blocking movement
- demands or requests for sexual favors accompanied by threats about grades, recommendations, or your job.
- promises of preferential treatment in exchange for sex
- touching a person on a traditionally non-sexual part of the body after that person has indicated no desire for such physical contact
- continuing to write suggestive notes or letters after being informed they are unwelcome
- harassment, or retaliation of any kind for having previously filed a complaint
What you can do to protect yourself:
- Be sure the harasser knows you do not welcome this treatment and be clear about your limits: say "no" or "stop"
- Avoid answering personal questions
- Document where, when, and how you are being harassed
If you would like to speak to someone regarding harassment, the following campus resources are available to listen to you, inform you of your rights and also what options are available to you:
Staff:
Liane Barrera x5659 (term ending 12/31/04)
Judy Olinick x5532 (term ending 12/31/04)
Michael Pixley x5472 (term ending 12/31/04)
Kathy Foley-Giorgio x5382 (term ending 12/31/04)
Brian Hamm x5731 (term ending 5/31/04)
Faculty:
Martin Beatty x5956 (term ending 12/31/04)
Janine Clookey x5068 (term ending 12/31/04)
Students:
Eric Ambrette x3592 (term ending 5/31/04)
Christopher Atwood x3552 (term ending 5/31/04)
Tabitha Connor x6128
Athenia Fischer x6671 (term ending 5/31/04)
Cassidy Freeman x6691 (term ending 5/31/04)
Steve Gangemi x4126 (term ending 5/31/04)
Holly A. Haertel x6305
Jennifer Kim x6619
Stephanie Morales x6854
Kevin Sullivan x4701 (term ending 5/31/04)
Robert Oller x4430
Buck Sleeper x4636
Kirsten Thomas x7277 (term ending 5/31/04)
(Rui Bing Zheng x7430 (term ending 5/31/04)
These Human Relations Advisors have been designated to listen to your concerns. Your discussions with any of the resource people listed above will be confidential and will not necessarily commit you to further action.
If you are a student, other confidential resources on campus are : The Center for Counseling and Human Relations, Parton Health Center, the nurse at Bread Loaf, the College Chaplain, the Director of Health Education.
If you are an employee, you may also contact the Human Resources Department, your supervisor or your department chairperson. Due to State and Federal requirements, if you report a situation of harassment to one of these resources they may need to initiate immediate action.
If you wish to file a formal complaint regarding harassment, contact the Human Relations Officer, Judy Watts 5798.
Many forms of sexual harassment also violate Federal and State Laws.You may also contact the Civil Rights Division of the Attorney General's Office in Vermont at 828-3171 and you may contact the Regional Office of the U.S. Department of Education Office for Civil Rights in Boston, MA at (617) 223-9662 for advice and support. If you are an employee, an additional resource is the district Equal Employment Opportunity Commission office at (617) 565-3200. If you choose to contact one of these offices, your conversations will be confidential and will not commit you to further action unless you choose to file a complaint with one of these offices.
NOTE: At the Language Schools, many different cultures are represented, each with its own patterns of personal behavior. Cultural differences do not excuse inappropriate or offensive behavior; they do call for particular awareness of and sensitivity to other people's rights and dignity.
You have a right to be treated with respect and dignity as an employee or student at Middlebury College.
NOTE: For a full statement of College policy and options available within the College for resolving a complaint, see the College Handbook. Copies of the College Handbook are available at the Office of Health Education, Carr Hall or the Dean of Students' Office, Old Chapel.
Educational prevention programs are available through Yonna McShane at Ext. 5141.
Revised: 2/93,1/94,10/94, 1/95, 1/96, 8/96, 7/97, 7/98, 9/99, 9/00, 2/02, 7/02