Q I was sexually assaulted. / I am being sexually harassed. / Someone is stalking me. / I am in an abusive relationship. What can I do?
If you need immediate medical assistance, please call 911 or contact Public Safety at 802-443-5911.
If you are experiencing some form of sexual harassment or sexual misconduct, know you are not alone. You have confidential support available to you, and you have options. Please read Middlebury’s Rights and Options Guide for more information. You can contact MiddSafe to discuss what happened with a trained confidential advocate or contact the Civil Rights and Title IX coordinator to learn more and ask questions about your rights and options.
Laws and Policies
Middlebury’s Non-Discrimination Policy prohibits sexual assault, sexual exploitation, sexual harassment, dating violence, domestic violence, and stalking. The policy applies to all faculty, staff, and students, as well as Middlebury College vendors, contractors, visitors, guests, third parties, and parties associated with the campus community.
Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded educational programs and activities. Under Title IX, colleges and universities are required to respond to reports of sexual assault and sexual harassment. The U.S. Department of Education’s Office for Civil Rights released new Title IX regulations that have been incorporated into our policy.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) and accompanying regulations require colleges and universities to disclose certain timely and annual information about campus crime, and security and safety policies. Compliance with the Clery Act is required of and universities that participate in the federal student aid program and is administered by the U.S. Department of Education’s Federal Student Aid Office. As a part of its Clery program, Middlebury College collects and publishes statistical information on crimes occurring on and around campus as well as relevant security and safety information in its annual crime and safety report, available on the Public Safety website.
The Violence Against Women Act amendments and accompanying regulations (VAWA) clarify the duties of colleges and universities to investigate and respond to reports of sexual assault, stalking, and dating and domestic violence and to publish policies and procedures related to the handling of these cases. Under VAWA, colleges and universities also must provide training to the campus communities on issues related to sexual misconduct. Compliance with VAWA is required of colleges, like Middlebury, that participate in the federal student aid program, and is administered by the U.S. Department of Education’s Federal Student Aid Office. New VAWA regulations were published in October 2014 and became effective July 1, 2015.
Yes. Middlebury’s policy requires that consent for sexual activity must be knowing, active, voluntary, and present and ongoing. The absence of a “no” does not equal consent.
Middlebury’s policy provides that when a person is incapacitated due to the voluntary or involuntary consumption of alcohol or drugs, they lack the capacity to consent to sexual activity.
Intoxication and incapacitation are not the same thing, and consuming the same amount of a substance can impact different people differently. Signs of incapacitation include when an individual demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Some indicators of a lack of capacity to give consent due to consumption of drugs or alcohol may include, but are not limited to, the following:
- Lack of full control over physical movements.
- Lack of awareness of circumstances or surroundings.
- Inability to effectively communicate for any reason.
Although engaging in sexual activity after one or more participants have consumed alcohol (or otherwise voluntarily become intoxicated) is not in and of itself a policy violation, if there is any doubt as to another person’s capacity to give consent it is better for community members to err on the side of caution and assume that the other person does not have the capacity to give consent. It is also important to remember that being impaired by drugs or alcohol does not excuse a person from the responsibility of obtaining consent. Being intoxicated or impaired by drugs or alcohol is never an excuse to commit sexual misconduct.
Please don’t let concerns about substance use or other Middlebury policy violations prevent you from reporting sexual misconduct. Middlebury generally will provide amnesty for any other policy violations brought to light as part of a report of sexual misconduct.
Support and Resources
Middlebury offers several resources for students, faculty, and staff who have experienced or been impacted by sexual misconduct. Medical and counseling professionals at the Center for Health and Wellness are designated as confidential resources, as are the professional health educators in Health and Wellness Education, and, on the Vermont campus, MiddSafe student advocates serve as Vermont certified confidential advocates. These confidential resources will not disclose a complainant’sclient’s name or other identifying information to the College or police (unless the client is a minor or it is determined that the information shared constitutes an imminent risk to the individual’s safety or the safety of others). See Confidential Advocacy for more information.
The Civil Rights and Title IX Office responds to reports of sexual harassment or other sexual misconduct. The Civil Rights and Title IX coordinator is responsible for coordinating the College’s compliance with all state and federal civil rights protections and antidiscrimination laws, including Title IX. This work includes administering the College’s policies and procedures related to Title IX, overseeing the investigation and resolution of Title IX complaints, preventing the recurrence of conduct prohibited by Title IX, identifying and addressing systemic problems, and overseeing training and prevention efforts related to sexual misconduct campuswide.
Middlebury’s Title IX coordinator is:
Office of Institutional Diversity, Equity, and Inclusion
Civil Rights and Title IX Coordinator
84 South Service Road
Middlebury, VT 05753
Q What are supportive measures? What types of supportive measures are available to me if I have experienced sexual harassment or sexual misconduct?
Supportive measures are non-disciplinary, non-punitive individualized services offered designed to restore or preserve equal access to Middlebury programs. These measures are in place to increase safety and support and are accessible and available regardless of whether a person makes a formal complaint. For more information see Supportive Measures.
No. Supportive measures are designed to eliminate or prevent recurrence of sexual misconduct and to preserve or restore access to Middlebury’s education programs and activities. Anyone who has been impacted by sexual harassment or misconduct may request supportive measures, regardless of whether they wish to file a formal complaint or proceed with an investigation.
In order to request supportive measures, you may contact Middlebury Civil Rights and Title IX Coordinator Marti McCaleb at 802-443-2147 or mmccaleb@middlebury. Students may also speak to their dean; employees may contact Human Resources or their department chair, if they feel more comfortable doing so; however, these College officials will have to coordinate with the Civil Rights and Title IX coordinator in order to provide such measures.
Reporting and Filing Complaints
There are many options for you to report sexual harassment or sexual violence. You can report sexual harassment or sexual violence directly to Middlebury’s Civil Rights and Title IX Coordinator, Marti McCaleb, at 802-443-2147, email@example.com. You may also report online at go/report. You may also reach out to one of the Confidential Resources on campus for help with making a report.
Yes. You may report whatever information you feel comfortable sharing. A report allows us to provide appropriate supportive measures and to maintain accurate statistics and identify trends to plan and implement violence prevention and education measures. You can submit a report anonymously at go/report.
Be aware that if you make an anonymous report, or if you do not want to disclose the identity or other information about the respondent, Middlebury will have limited ability to respond to the allegations.
If you would like to speak with your RA, or a RD, a dean or a trusted professor, you certainly may. These Middlebury employees are all designated mandatory reporters who are required to tell the Civil Rights and Title IX Coordinator about sexual harassment or sexual violence that they are aware of, or suspect. As such, these employees cannot maintain confidentiality. However, they will only share your information with the Civil Rights and Title IX Coordinator, who will reach out to you to provide further information and discuss your rights and options.