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Policy and Procedures on Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence and Stalking
Marlboro College expressly prohibits all forms of sexual harassment, sexual misconduct, dating violence, domestic violence and stalking as defined in this Policy, and related retaliation. This Policy applies to all Marlboro College students, faculty, and staff, as well as to participants in any Marlboro College program or activity, on or off campus. Impaired judgment due to alcohol or drug use does not excuse conduct that violates this Policy.
The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
- Policy Statement
- About The Policy
- Notice of Nondiscrimination
- If You Need Immediate Assistance
- Reporting Sexual Misconduct
- Getting Confidential Support and Resources
- Filing a Complaint with the Title IX Coordinator
- Reporting to a Responsible Employee
- Notifying Local Law Enforcement
- Terms and Definitions
- Title IX Coordinator
- Functions and Responsibilities of the Title IX Coordinator
- Responsible Employee
- Sexual Misconduct
- Sexual Harassment
- Domestic Violence
- Dating Violence
- Advisor or Support Person
- Panel on Sexual Misconduct, Dating Violence, Domestic Violence and Stalking
- Title IX Compliance Committee
- Interim Measures
- Living Accommodations
- Academic Accommodations
- Options for Requesting Interim Measures or Supportive Measures Summary
- Options for Requesting Interim Measures or Supportive Measures – Details
- Option 1: Complainants Who Report Sexual Misconduct to a Responsible Employee
- Options 2: Complainants Who Disclose Sexual Misconduct to Confidential Professional Counselors and Survivor Advocates
- Confidential Resources: Total Health Center
- Confidential Resources: Survivor Advocate
- Community Assistance and Resources for Victims of Sexual Misconduct, Dating Violence, Domestic Violence and/or Stalking
- Assistance with Notifying Authorities
- Complaint Procedure Overview
- Statement of the Complainant’s Rights
- Statement of the Respondent’s Rights
- Informal Complaint Resolution Procedure
- Formal Complaint Resolution Procedure2
- Appeal Procedure
The majority of this policy was approved by the Board of Trustees in the form outlined below in March, 2015. Ministerial changes to the policy (for example, changes to contact information for individuals identified in the policy) have been made at the recommendation of the Title IX Compliance Committee. Changes to certain definitions have also been made in accordance with final regulations promulgated to implement changes to the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act by the Violence Against Women Reauthorization Act of 2013 (“VAWA”).
To promote awareness of and compliance with this Policy, the College will provide a link to the online version of this Policy to every student, faculty, and staff, and extra copies will be available in the office of the Assistant to the President and the Dean of Students. The College will hold training during both new student orientations as well as annually for employees on topics that include the provisions of this Policy and prevention programming. To assure adherence to federal law and best practice, this Policy will be reviewed at a minimum every three years by the Selectboard in consultation with the Board of Trustees.
Marlboro College does not discriminate on the basis of sex in its education programs and activities, and Title IX of the Education Amendments Act of 1972, as amended (“Title IX”), as well as applicable state law, require that it not discriminate in such a manner. Prohibited sex discrimination includes sexual harassment and sexual misconduct as outlined in this Policy. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator (see below) or to the United States Department of Education Office for Civil Rights. The OCR Region I office’s contact information is: Office for Civil Rights, Boston Office, U.S. Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921; Telephone, 617-289-0111; facsimile, 617-289-0150; email, OCR.Boston@ed.gov).
If you fear for your safety, or immediately after an assault:
- First find a safe environment away from any person of concern (it need only be temporary). When possible, ask a trusted person to stay with you and assist you with getting help.
- Even if you are unsure initially whether you will want to pursue criminal charges, file a complaint with the College, or seek a protection order, it is important to preserve all possible evidence in case you decide at some point to do so. Therefore, refrain from changing clothes, showering or otherwise changing your physical state after an incident, until after you have consulted with medical personnel about how to best preserve evidence. Consult with College officials, law enforcement officers or health care professionals regarding your ability to have evidence collected by a Sexual Assault Nurse Examiner (“SANE”). Endeavor to preserve other evidence that may be relevant to a case of sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, such as text messages, email messages, other electronically stored information, and other physical evidence. To obtain immediate medical care or to contact the police, phone 911 for emergency services.
- OR contact the Women’s Freedom Center 24 Hour Hotline: 802-254-6954. They can help you secure immediate medical care, accompany you to the hospital if necessary, and explain your options for on and off campus support. This includes speaking with other confidential resources on campus, pursuing an informal or formal investigation within the college or involving local law enforcement. The Women’s Freedom Center serves all victims regardless of gender.
- OR on nights and weekends, page the Student Life Coordinator (SLC) at (877-730-6051) for a no questions asked ride to the hospital.
Marlboro College is committed to offering support to those who have experienced sexual harassment, sexual misconduct, dating violence, domestic violence or stalking. The College understands that individuals who have concerns about such conduct may look for assurances of confidentiality, and endeavors to provide options that protect confidentiality to the fullest extent possible.
You may be upset about something that happened, even if you are not sure whether it violates this Policy or if you want to file a complaint. In such an event, you should consider contacting one of the confidential resources listed in the following section to seek support or advice. They advise you about your options, help you get support, and assist you as you consider whether to file a formal complaint.
- Contact the Women’s Freedom Center 24 Hour Hotline: 802-254-6954.
- On weekdays during business hours, contact the Total Health Center at 802-258-9335. See more information in the “Resources” section below.
- Make an appointment with the Student Life Coordinator for Health and Wellness, who serves as the college’s survivor advocate. Currently Robyn Manning-Samuels, who can be reached at firstname.lastname@example.org or 802-258-9227. See more information in the “Resources” section below.
To file a report or complaint of sexual misconduct, contact the Title IX Coordinator, Jean Kiewel, by email at email@example.com. Alternately, you may access our Report Form through Google Docs. Download and save a local copy. When completed, attach the document to an email and send to firstname.lastname@example.org. Alternatively, you may print off the document and deliver in a sealed envelope to:
Title IX Coordinator
PO Box A
2582 South Road
Marlboro, VT 05344
The Title IX Coordinator can discuss all available options with a person reporting conduct that violates this Policy, including criminal and civil options, as well as the College’s sexual misconduct complaint process. The College will also make these services available to people who have been indirectly involved in a sexual misconduct situation, even if they are not a complainant. The Title IX Coordinator may not, however, be able to guarantee confidentiality to a complainant if there is a threat to the complainant or the College community. In certain instances applicable to the “responsible employees” described below, the Title IX Coordinator is obligated to report when he or she learns of a violation of this Policy. See more about the Title IX Coordinator’s role and responsibility in the Terms and Definitions section below.
NOTE: Students reporting incidents will be covered under the College’s Good Samaritan Policy, meaning that a person bringing a complaint will not be penalized for alcohol and/or other drug use at the time of the incident.
At Marlboro College, all faculty and staff members, including Resident Advisors are considered Responsible Employees. If responsible employees learn about an alleged violation of the sexual misconduct policy, they are required by federal law to report relevant details (such as the name of the complainant and Respondent, any witnesses, and other relevant facts, such as the date, time and specific location of the alleged incident) to the Title IX Coordinator or other College officials. Responsible employees are respectful of a complainant’s wishes to the extent appropriate and are discreet, but they are not able to guarantee confidentiality. General inquiries or questions about this Policy may remain private, and the College will strive to protect the privacy of individuals to the extent it can while maintaining its obligations to uphold relevant policies and regulations and/or to take reasonable steps to promote the safety of members of the College community.
Reports or concerns regarding sexual misconduct, dating violence, domestic violence or stalking may also be reported, and any safety concerns should be reported immediately, to local law enforcement agencies, the contact information for which is:
- Vermont State Police Department: 802-257-7101, 464 Marlboro Rd, Brattleboro, VT
- Brattleboro Police Department: 802-257-7946, 230 Main St., Brattleboro, VT
- Windham County Sheriff’s office: 802-365-4941, 11 Jail St., Newfane, VT
The definitions of sexual assault, domestic violence, dating violence and stalking used in this policy are consistent with the Clery Act, as amended effective 2014. In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, the College includes the definitions of sexual assault, the definition of consent in reference to sexual activity, and the definitions of domestic violence, dating violence and stalking that are used by Vermont criminal laws. However, the College utilizes its own definitions of these prohibited behaviors for purposes of this policy that are consistent with the Clery Act, as amended effective 2014, and determines responsibility for violations of College policy through its own procedures and standards of proof (that is, by a preponderance of the evidence standard), not through the procedures or standards of proof employed in the criminal justice system.
Pursuant to Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s implementing regulations at 34 C.F.R. Part 106, the College’s Title IX Coordinator has primary responsibility for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in all the operations of the College, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.
Sexual misconduct against students and employees, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. The Title IX Coordinator oversees the College’s response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so the College can address issues that affect the wider school community. The College’s Title IX Coordinator also oversees, in collaboration with other College offices as necessary, the College’s response to reports and complaints of dating violence, domestic violence and stalking involving College students and employees.
The Title IX Coordinator is appointed by the President. The Title IX Coordinator is available to meet with students, employees or third parties regarding Title IX-related issues, such as issues related to the College’s compliance with Title IX, response to Title IX reports or complaints, related grievance procedures, relevant patterns of conduct, or related education and prevention programs. The contact information for the Marlboro College Title IX Coordinator is:
To accomplish the duties, subject to the exemption for confidential employees discussed below, the Title IX Coordinator must be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office or if the investigation will be conducted by another individual or office. All responsible employees (any faculty or staff members at Marlboro College including RAs) must promptly report to the Title IX Coordinator any complaint or suspected and/or alleged acts of sexual misconduct.
Any Marlboro College Community Member involved with issues covered by this policy may file a complaint with the College’s Title IX Coordinator concerning how a procedure was followed, violation of complainant or respondent legal rights, apparent conflicts of interest by Panel members, or other violation of policy or related concern that was not reviewed in an appeal process. Records of these complaints will be reviewed by the President and by the Chair of the Board of Trustees and the person making the complaint will be notified of any action taken in response. The College’s Title IX Compliance Committee (described below) will also review such complaints at least annually to assist the Title IX Coordinator and the College to identify, for example, whether policies, practices or procedures need to be changed in order to improve the College’s response to complaints of issues covered by this policy.
A student or employee should contact the Title IX Coordinator in order to:
- seek information or training about students’ or employees’ rights and courses of action available to resolve reports or complaints that involve potential sex discrimination, including sexual misconduct,
- file a complaint or make a report of sex discrimination, including sexual misconduct,
- notify the College of an incident or policy or procedure that may raise potential Title IX concerns,
- get information about available resources (including confidential resources) and support services relating to sex discrimination, including sexual misconduct,
- ask questions about the College’s policies and procedures related to sex discrimination, including sexual misconduct, and
- seek or provide information about any of these issues as they relate to dating violence, domestic violence or stalking involving College students or employees.
In the event that the incident, policy, or procedure about which the student or employee seeks to file a report or complaint creates the appearance of a conflict of interest with the Title IX Coordinator, students or employees may contact the President’s Office. The President or designee will appoint another person to handle the College’s related responsibilities, as appropriate. Also, the President or the Title IX Coordinator may designate another person, where necessary, to carry out some or all of the Title IX Coordinator’s duties where necessary in particular cases and/or at particular times. The Title IX Compliance Committee will also review and consider such reports and complaints at least annually, to facilitate its work and the College’s response to complaints covered by this policy, as described in more detail below.
Inquiries or complaints that involve potential violations of Title IX may also be referred to the U.S. Department of Education’s Office for Civil Rights, which can be reached at [contact information for regional office: https://wdcrobcolp01.ed.gov/cfapps/OCR/contactus.cfm or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice (DOJ): >http://www.justice.gov/crt/complaint/#three.
The Title IX Coordinator’s functions and responsibilities include the following:
Training for Students, Faculty, and Staff
The Title IX Coordinator provides or facilitates ongoing training, consultation, and technical assistance on Title IX for all students, faculty and staff, including regular training for faculty and staff outlining their rights and obligations under Title IX, including the appropriate response to reports of sexual misconduct, the obligation to report sexual misconduct to appropriate College officials, and the extent to which counselors and advocates may keep a report confidential, and regular training for students outlining their rights under Title IX; with regard to sexual misconduct, this training will include what constitutes sexual misconduct and when it creates a hostile environment, the definition of consent, reporting options (including reports to responsible employees, and confidential reporting to counselors or advocates), the grievance procedures used to process complaints, applicable disciplinary code provisions relating to sexual misconduct and the consequences of violating those provisions, the role of alcohol and drugs in sexual misconduct, the effects of trauma, strategies and skills for bystander intervention, the offices or individuals with whom students can speak confidentially, the offices or individuals who can provide support services, the employees who must report incidents to the Title IX Coordinator, and Title IX’s protections against retaliation.
The College will conduct adequate, reliable, and impartial investigations of reports and complaints of sexual misconduct. The Title IX Coordinator oversees many aspects of this response, including:
- determining whether the report or complaint alleges conduct that may, upon investigation, constitute prohibited sexual misconduct,
- appointing an investigator or investigators upon such determination,
- making certain that individual reports and complaints are handled properly and in a prompt and timely manner,
- informing all parties regarding the complaint process,
- confirming that all parties have been notified of decisions and of the right to, and procedures for, appeal,
- maintaining information and documentation related to the investigation in a secure manner, and
- monitoring compliance with timeframes specified in the complaint procedures.
The Title IX Coordinator evaluates requests for confidentiality by those who report or complain about sexual misconduct in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all students and employees. Confidentiality issues are discussed in more detail below.
Remedies, Including Interim Measures
Upon learning of a report or complaint of sexual misconduct, the Title IX Coordinator will promptly take steps to ensure the complainant’s equal access to the College’s programs and activities and protect the complainant as necessary. Such steps include taking interim measures before the final outcome of any investigation, providing remedial measures after the final outcome of investigation, and making the complainant aware of all available resources, including resources such as survivor advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, student financial aid advising, visa and immigration assistance, and legal assistance. The Title IX Coordinator and/or others at the College will also assist individuals affected by the types of misconduct prohibited by this policy, even if they do not wish to participate in a formal College process. Interim measures are discussed in more detail below.
Upon a finding of prohibited sexual misconduct, the Title IX Coordinator will determine whether campus-wide remedies should be adopted in response, including, by way of example but not limitation, review and revision of the College’s sexual misconduct policies, increased monitoring, supervision or security at locations where sexual misconduct is reported to occur, and increased education and prevention efforts, including to targeted populations.
If it is found through the College’s disciplinary processes that an individual engaged in prohibited sexual misconduct, the Title IX Coordinator will review proposed sanctions before they are imposed to ensure that they, along with the College’s interim and long-term measures taken in response to the sexual misconduct, are reasonably calculated to stop the sexual misconduct and prevent its recurrence.
A “responsible employee” is a College employee who has the authority to address sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, who has a duty to report related incidents to the Title IX Coordinator or other College officials, or who a student could reasonably believe has this authority or duty. At Marlboro College, all faculty and staff members, including Resident Advisors are considered Responsible Employees. Responsible employees are respectful of a complainant’s wishes to the extent appropriate and are discreet, but they are not able to guarantee confidentiality. General inquiries or questions about this Policy may remain private, and the College will strive to protect the privacy of individuals to the extent it can while maintaining its obligations to uphold relevant policies and regulations and/or to take reasonable steps to promote the safety of members of the College community. Otherwise, responsible employees will report relevant details (such as the name of the complainant and Respondent, any witnesses, and other relevant facts, such as the date, time and specific location of the alleged incident) to the Title IX Coordinator or other College officials. The College will then investigate the report and take reasonable steps designed to prevent recurrence of the behavior.
If a complainant discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, faculty and staff. The Title IX Coordinator will in most cases determine whether the College needs to perform an investigation and/or take some other action in cases where a complainant would prefer complete confidentiality. If for some reason the Title IX Coordinator is not able or is not the appropriate person to make such a determination, the determination will be made by an individual designated by the President.
If an individual who makes a report insists that one’s name or other identifiable information not be revealed and the College is able to respect that request, the individual must understand that the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent.
The College will protect the confidentiality of individuals allegedly subjected to sexual harassment, sexual misconduct, dating violence, domestic violence and/or stalking to the extent practicable in light of the need to do investigations and conduct disciplinary proceedings. Campus security authorities who become aware of Clery crimes will report them to appropriate College officials so that they may be included in the College’s compilation of campus crime statistics. The College will not include the names of complainants or other identifying information in publicly-available reports that are compiled as required by the Clery Act.
A complainant may be any member of the Marlboro College Community or covered third party who may have been subjected to conduct that violates this Policy. For purposes of this Policy, a complainant is usually a student, employee, or third party involved in some way in an academic, athletic, extracurricular or residential program of the College (“covered third party”). The College Community shall include students, faculty, staff, and their respective spouses, kitchen staff regularly assigned to Marlboro College, and trustees when participating in College-related activities.
In some cases (such as, for example, cases in which a student, employee, or covered third party involved in an alleged incident of sexual harassment, sexual misconduct, dating violence, domestic violence or stalking does not wish to participate in the process but the College decides that the alleged misconduct needs to be investigated and addressed), the College may move forward with an investigation and/or related disciplinary proceedings without a designated complainant. In such cases, the College may extend the full rights of a complainant as defined in this Policy to affected parties as deemed appropriate by the College. For ease of reference and consistency, the term “complainant” is used hereafter in this Policy to refer to a person who believes that he or she has been subjected to sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, or who is believed by another to have been subjected to such conduct, even if that person does not wish to participate personally in a disciplinary proceeding or investigation.
A respondent is any member of the Marlboro College Community against whom the complainant is bringing a charge. The College Community shall include students, faculty, staff, and their respective spouses, kitchen staff regularly assigned to Marlboro College, and trustees when present.
The College prohibits a broad range of inappropriate sexualized activity through this Policy, including sexual misconduct and sexual exploitation. The prohibitions of this Policy apply regardless of the sex, sexual orientation or gender identity of any involved individual. "Sexual misconduct" is a sexual act that takes place without effective consent of all parties involved, as defined in this policy. Sexual misconduct may include sexual assault, sexual exploitation, or both.
Sexual assault may be either rape, fondling without consent, incest, or statutory rape, as defined in the Clery Act and below. Rape or sexual assault is non-consensual contact between persons, consisting of contact between the penis and the vulva, 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.
Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent (as defined below) of the victim, including instances where the victim is incapable of giving consent because of his/her temporary or permanent mental incapacity. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law in the applicable jurisdiction. Statutory rape is sexual intercourse with a person who is under the statutory age of consent in the applicable jurisdiction.
For purposes of this Policy, "effective consent" means a voluntary agreement to engage in a sexual act. Effective consent must be actively given—through words or actions—and it must be given freely and without coercion. The words or actions that make up effective consent should be mutually understandable to the parties involved. Whether effective consent has occurred is determined by asking whether a reasonable person would be able to understand those words or actions, and the parties involved in the sexual act did indicate, through words or actions that would be understandable to a reasonable person, a willingness to do the same thing with each other, at the same time, in the same way.
Effective consent cannot be obtained by fraud or force (actual or implied), whether that force be physical force, threats, intimidation or coercion. A person who is the object of sexual aggression is not required to resist a sexual aggressor, physically or otherwise, and the absence of such resistance does not indicate consent. “Effective consent” does not include consent that is given by a person who is (i) younger than 16, unless such person is at least 15 and the other person is less than 19 years old, (ii) mentally disabled in a manner that precludes the person from understanding the nature or harmfulness of the activity, or (iii) incapacitated so as to be unable to make a reasonable judgment concerning the nature or harmfulness of the activity.
It is always the responsibility of the person initiating a specific sexual activity to make certain the other person has given effective consent. Even if a person has consented to some form of sexual activity, that does not mean he or she has consented to others. And even when both parties have previously consented to sexual activity, circumstances may change, and conduct that was once welcome may later be unwelcome. It is the right of either party to withdraw consent at any point during sexual activity. Effective consent cannot be inferred from silence, a previous sexual relationship, a current sexual relationship, the way someone is dressed or their acceptance of dinner or an invitation for a date.
Sexual misconduct also includes sexual exploitation. “Sexual exploitation” occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include but are not limited to: prostituting another person; recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent; distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and, viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire. Sexual exploitation may occur regardless of whether sexual activity takes place.
Students or employees may be prosecuted under Vermont criminal statutes, and subject to disciplinary action by the College. The College may choose to pursue disciplinary action while a criminal action is pending or even if criminal justice authorities choose not to prosecute.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute sexual misconduct under College policy as defined above. The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
It is a violation of this Policy of Marlboro College, and illegal under state and federal law, for any student, faculty, or staff to harass another student, faculty, staff, or visitor because of sex. Marlboro College is committed to providing a workplace and educational environment that is free from this unlawful conduct. Harassment need not be intentional; the effect and characteristics of the conduct determine whether the behavior constitutes sexual harassment.
Sexual harassment is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
- submission to that conduct is made either explicitly or implicitly a term or condition of employment or academic standing;
- submission to or rejection of such conduct by an individual is used as a component of the basis for employment or academic decisions affecting that individual; or
- the conduct has the purpose or effect of substantially interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or academic environment.
Examples of sexual harassment include, but are not limited to the following, when such acts or behavior come within one of the above definitions:
- either explicitly or implicitly conditioning any term of employment (e.g., continued employment, wages, evaluation, advancement, assigned duties or shifts) or academic standing (e.g., admission, grades/evaluation, accessibility to classes/tutorials or plan work) on the provision of sexual favors;
- touching or grabbing any part of an individual’s body after that person has indicated, or it is known, that such physical conduct is unwelcome;
- continuing to ask an individual to socialize on or off duty when that individual has indicated she or he is not interested, including one who has been previously involved in a consensual relationship;
- displaying or transmitting sexually suggestive pictures, objects, cartoons or posters if it is known or should be known that the behavior is unwelcome;
- continuing to write sexually suggestive notes or letters if it is known or should be known that the individual does not welcome such behavior;
- referring to or calling an individual sexualized names if it is known or 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 an individual if it is known or should be known that the individual does not welcome such behavior;
- making derogatory or provoking remarks about or relating to an individual's sex or sexual orientation;
- engaging in harassing acts or behavior directed against an individual on the basis of one’s perceived sex or sexual orientation;
- creating a hostile environment by pursuing harassing acts or behavior directed against a third person or persons;
- engaging in off-duty conduct which falls within the above definition and affects the work or academic environment.
It is helpful to an investigation if the employee, student, or faculty member keeps notes regarding events and the names of people that witnessed or were told of the harassment.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute sexual harassment as defined above. The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
Domestic violence is attempting to cause harm or physical harm; placing another person in fear of imminant physical harm, or child abuse.
- By a current or former spouse or intimate partner of the person subjected to the violence;
- By a person with whom the person subjected to the violence shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the person subjected to the violence as a spouse or intimate partner;
- By a person similarly situated to a spouse of the person subjected to the violence under the domestic or family violence laws of the jurisdiction in which the violence occurred, or
- By any other person against an adult or youth who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the violence occurred.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute domestic violence as defined above. The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subjected to the violence. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, if involving individuals who are or have been dating as defined here.
Dating violence does not include acts covered under the definition of domestic violence stated above. As a matter of Marlboro College Policy, the College strictly prohibits conduct that would constitute dating violence as defined above. The College encourages individuals who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
“Stalking” is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
- Fear for the person's safety or the safety of others; or
- Suffer substantial emotional distress.
For the purposes of this definition—
- Course of conduct means two or more acts, including, but not limited to, acts in which the alleged stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the person subjected to the stalking.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
When part of a pattern of behavior that falls within the definition of stalking described above, examples of stalking behaviors or activities may include, but are not limited to:
- Non-consensual communication, including face-to-face communication, telephone calls, voice messages, emails, text messages, written letters, gifts, or any other communications that are unwelcome.
- Use of online, electronic, or digital technologies in connection with such communication, including but not limited to:
- Posting of pictures or text in chat rooms or on websites;
- Sending unwanted/unsolicited e-mail or talk requests;
- Posting private or public messages on Internet sites, social networks, and/or school bulletin boards
- Installing spyware on a person’s computer;
- Using Global Positioning Systems (GPS) or similar technology to monitor a person.
- Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the person.
- Surveillance or other types of observation including staring or “peeping”
- Non-consensual touching
- Direct verbal or physical threats
- Gathering information about an individual from friends, family, or co-workers
- Accessing private information through unauthorized means
- Threats to harm self or others
- Using a third party or parties to accomplish any of the above.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute stalking as defined above. The College encourages individuals who believe that they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
Retaliation against an individual for reporting, in good faith, sexual misconduct, dating violence, domestic violence or stalking, or for cooperating in the investigation of a complaint of such misconduct is prohibited by this Policy. Retaliation includes, but is not limited to, materially adverse acts that affect the educational or work environment of any individual involved in the complaint or the investigation such as, intimidation, reprisal, ostracism, action altering the person's duties or assignments, work or academic environment because the individual reported the misconduct or cooperated in or supported a complaint or investigation of such misconduct. Any person who believes that he or she is subject to retaliation should follow the complaint resolution procedures of this Policy.
The Advisor or Support Person’s role is to provide support and advice to the complainant or respondent. The complainant and the respondent have the right to be accompanied at all stages of a proceeding conducted under this Policy and any related meetings by an Advisor or Support Person of their choice. This person can, but need not, be a member of the College Community. The role of the Advisor or Support Person is to advise and support, such as helping to prepare their statements and providing general support, or advice privately to the complainant or respondent during a meeting or hearing, but not to advocate or speak for a party or address an investigator or decision-maker directly. Any conflicts of interest will be reviewed by the Title IX Coordinator. The Title IX Coordinator will attempt to assist a complainant and respondent in identifying an appropriate Advisor or Support Person.
The Panel on Sexual Misconduct, Dating Violence, Domestic Violence and Stalking (“Panel”) shall be composed of two faculty, two staff members, and two students for the undergraduate campus. For the graduate campus, the panel shall be composed of two staff, and two degree chairs as appointed by the President. In cases handled through the formal complaint process described below, the Panel considers investigation reports and evidence collected in investigations, and deliberates and makes decisions on whether or not this Policy has been violated and recommendations about sanctions, as described below.
The staff and faculty members shall be appointed by the President in consultation with the standing Panel, for an indefinite term. The President will consider gender diversity in making appointments. The two student Panel members shall be elected by Town Meeting for a one-year term. A student who is a complainant or a respondent may request that no students sit on the Panel. In such an instance, the Panel will be composed of the remaining staff and faculty members. With the assistance of the Survivor Advocate and the Dean of Students, the Title IX Coordinator will coordinate a comprehensive training at the start of the academic year for the Panel. This training will include, but is not limited to, an in-depth review of this Policy, general information about sexual misconduct and a discussion and practice deliberation regarding a hypothetical case.
More information about Panel-related procedures is provided in the Procedures section below.
The Title IX Compliance Committee will work with the Title IX Coordinator to identify and assess concerns or complaints about the College’s procedures and practices related to misconduct prohibited by the Policy stated above. This role will be particularly important in areas where a particular Title IX Coordinator’s other responsibilities with the College may require her or him to interact with individuals or processes through those other responsibilities, and/or to implement aspects of the College’s response through such responsibilities. The Committee will consist of two students, two faculty and two staff, who will be appointed to the Committee for two-year terms by the Selectboard, following consultation with the President. The Selectboard may fill vacancies on the Committee as necessary, following consultation with the President. The Title IX Compliance Committee will assist the College and the Title IX Coordinator, particularly in such circumstances, in viewing the operation of the College’s procedures and practices objectively. The Committee will review reports or concerns raised about such issues at least annually, or more frequently or on an ad hoc basis as requested by the President. The Committee will meet at least annually with the President and/or the Title IX Coordinator to convey its observations about the functioning of the College’s procedures and practices, and to make any suggestions for how the College’s procedures and practices could be improved.
Marlboro College is committed to the prevention of sexual harassment, sexual misconduct, dating violence, domestic violence and stalking, and expects community members to participate in regular workshops. The Title IX Coordinator, in consultation with the Title IX Compliance Committee and/or the Panel on Sexual Misconduct, will arrange for at least one prominently publicized educational training during each semester's student orientation aimed at the prevention of sexual misconduct, sexual harassment, dating violence, domestic violence, and stalking. This training will take place when students will be present on campus and able to attend. The training will introduce students to this Policy and good practice. This workshop will be conducted by, at the very least, an expert in sexual misconduct education, and a member of the community who is familiar with this Policy.
Interim measures are those services, accommodations, or other assistance that the College puts in place for complainants after receiving notice of alleged sexual misconduct but before any final outcomes—investigatory, disciplinary, or remedial—have been determined. We want complainants to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational and employment opportunities. We also want complainants to understand their reporting options and how to access available interim measures. The College encourages complainants to report issues covered by this Policy to the College’s Title IX coordinator or any responsible employee with whom the individual feels comfortable. The College recognizes that sexual and other violence is traumatic and may leave individuals feeling overwhelmed and confused. This Policy seeks to provide clear guidance regarding available resources and who can help in securing them.
Upon receiving a report of sexual misconduct, the College will provide the complainant, or the complainant’s Advisor or Support Person, with a written explanation of the interim measures available on campus and through local community resources, and shall ask the complainant or their Advisor or Support Person what measures are sought. Some possible interim measures are listed below, and the College will determine which measures are appropriate for a particular complainant on a case-by-case basis. Not all of the measures listed below will be necessary in every case to keep complainants safe and ensure their equal access to educational programs and activities and employment opportunities. If the complainant or their Advisor or Support Person identifies an interim measure that is not already provided by the College, the College will consider whether the request can be granted. In those instances where interim measures affect both a complainant and a respondent, the College will minimize the burden on the complainant whenever appropriate.
Example interim measures include, when requested and reasonably available:
- academic accommodations (for additional information, see below),
- medical and mental health services, including counseling,
- change in campus housing,
- assistance in finding alternative housing,
- assistance in arranging for alternative College employment arrangements and/or changing work schedules,
- a “No contact” directive pending the outcome of an investigation and/or thereafter. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another,
- transportation accommodations or parking arrangements to ensure safety and access to other services,
- assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services, and
- assistance in understanding financial aid implications of any decision on the complainant’s part to seek a leave of absence or reduction in course load.
The College will work with complainants or their Advisor or Support Person to identify what interim measures are appropriate in the short term (e.g., during the pendency of an investigation or other school response), and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the complainant safe.
As explained below, when a confidential resource (such as a professional counselor or the Survivor Advocate) requests any of the above measures on the complainant’s behalf without disclosing that sexual misconduct is the basis for the request, the College will consider these requests for supportive measures consistent with its general practice of allowing confidential resources and the Survivor Advocate to seek such measures for individuals who may have experienced trauma without requiring that the nature of the trauma be disclosed.
A complainant or a respondent who is a student may at any time request that the College provide a change in their housing assignment, free of charge, for the purposes of safety. The Title IX Coordinator will work with the complainant or respondent and the Director of Housing and Residential Life to find suitable safe housing as soon as possible after the request is made. Safe housing may include temporary off-campus accommodation so long as transportation is readily available.
Academic accommodations are one type of interim measure that the College may provide to a complainant after receiving a report of conduct in violation of this Policy to ensure that the complainant is safe and can continue to access educational opportunities. To address the possible adverse effects of sexual misconduct on a complainant’s academics, it may be possible to secure time-limited academic accommodations, such as rescheduling an exam. If the complainant experiences persistent academic difficulties as a result of the reported misconduct (e.g., including difficulties stemming from anxiety, depression, post-traumatic stress disorder or any other mental or physical illnesses or injuries), the complainant may request more long-term academic accommodations, such as a Medical Leave of Absence or a Dean’s Incomplete. If the complainant does not have a treating provider but is suffering from health-related issues such as those identified above, the student should contact the College’s Total Health Center (802-258-9335) to be connected with a campus health provider or appropriate off-campus resource. Students may also be entitled to additional services and supports if they have a disability, including those who developed a disability as a result of experiencing sexual misconduct. Disability services at the College are coordinated by the Office of Disability Services (802-258-9335).
Complainants, their Advisor or Support Person, or their confidential resource may request the following academic accommodations as interim measures. The College—after consulting with the complainant or their Advisor, Support Person or confidential resource—will determine which accommodations are appropriate to ensure the student’s safety and equal access to educational programs and activities. Requests for academic accommodations may include assistance in:
- transferring to another section of a lecture or laboratory,
- rescheduling an academic assignment or test,
- accessing academic support (e.g., tutoring),
- arranging for incompletes, a leave of absence, or withdrawal from campus,
- preserving eligibility for academic, athletic, or other scholarships, financial aid, internships, study abroad, or foreign student visas, and
- understanding any related financial aid implications.
The College offers complainants two options for reporting misconduct prohibited by this Policy and requesting interim measures. The first option allows the complainant to report the misconduct to a College employee whom the College has designated as responsible for receiving and/or responding to reports of sexual misconduct (such as, for example, the Title IX Coordinator), and to request interim measures from these “responsible employees.”
The second option allows a complainant who has not reported the misconduct to a responsible employee to disclose the misconduct to a confidential professional counselor or Survivor Advocate who in turn can request interim measures on the complainant’s behalf from the College. Under the second option, complainants should be aware that when such an individual requests interim measures on their behalf from a responsible employee of the College and discloses that the reason for the request is sexual misconduct or other misconduct prohibited by this Policy, the request may trigger the College’s obligation to investigate. To the extent such an individual makes such a disclosure, but, consistent with the complainant’s wishes, asks the College not to investigate or otherwise notify the respondent of the report, the Title IX Coordinator will consider whether the College can honor the request while still providing a safe and nondiscriminatory environment for all students, and take interim measures to protect the individual who may have experienced trauma as necessary.
The College also offers complainants an option for the complainant’s confidential resource (such as a professional counselor or Survivor Advocate) to request supportive measures from the College without reporting the sexual misconduct to the College. While we strongly encourage all individuals subjected to misconduct prohibited by this policy to report the misconduct to the College directly, we want complainants to have access to supportive measures regardless of when or whether they decide to report the conduct to the College.
Reports of sexual misconduct to responsible employees will be forwarded to the Title IX Coordinator who will determine what steps need to be taken. Generally, the College will investigate the report to determine what occurred and the College will provide interim measures during the investigative process and any disciplinary process. However, for complainants who report sexual misconduct to responsible employees but request that the College not pursue an investigation or otherwise keep their report confidential (e.g., from the respondent), the Title IX Coordinator will consider whether the College can honor the complainant’s request while still providing a safe and nondiscriminatory environment for all students. Whether the Title IX Coordinator decides that the College can honor the confidentiality request or must pursue an investigation, the Title IX Coordinator (or designee) will inform the complainant of available interim measures and coordinate appropriate interim measures for the complainant.
Options 2: Complainants Who Disclose Sexual Misconduct to Confidential Professional Counselors and Survivor Advocates
The College recognizes that confidential resources such as professional counselors and Survivor Advocates are often in a unique position to know when and what interim measures or supportive measures would be most appropriate to address a complainant’s health and safety needs. For this reason, complainants who disclose incidents of sexual misconduct or other misconduct prohibited by this Policy to their professional counselor or Survivor Advocate should discuss whether to have such individual report the misconduct to the College and request interim measures required by Title IX or request discretionary supportive measures from the College without reporting the nature of the conduct. Such individual will work with the complainant to determine what information the complainant is willing to have shared with College employees involved in securing interim measures or supportive measures. Such individual will explain how sharing certain information with responsible employees may trigger the College’s Title IX obligation to investigate. Complainants should understand that the College’s ability to implement interim measures that would affect the would-be respondent may be limited if the complainant chooses not to have the College go forward with an investigation. Professional counselors and Survivor Advocates can discuss these issues with complainants.
At Marlboro College, the Total Health Center staff respect and protect confidential communications with clients to the extent that they are able to do so under applicable law. This means that, in most cases, these confidential resources will not inform anyone of such communications without a client’s consent, and the College will not endeavor to take any action in response to such communications. These professionals may have the responsibility to disclose otherwise-privileged information appropriately when they perceive an immediate and/or 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 age 18. Individuals who wish to talk about sexual harassment, sexual misconduct, dating violence, domestic violence or stalking-related issues confidentially, with the understanding that the College will not take any action based on such confidential communications, are encouraged to contact one of these confidential resources. In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, these confidential resources will not report Clery crimes they learn about through confidential communications for purposes of the College’s compilation of campus crime statistics.
Marlboro College has also designated a Survivor Advocate as a confidential resource. The Survivor Advocate’s contact information is:
Senior Coordinator of Sexual Respect and Wellness and Survivor Advocate
Gander 2 Office # 802-258-9227
The Survivor Advocate will respect and protect communications with a complainant that the complaint intends to be confidential, which means that unless a safety issue is present as discussed below, in most cases, the Survivor Advocate will not inform anyone of such communications without a complainant’s consent, and the College will not endeavor to take any action in response to such communications. The Survivor Advocate may disclose otherwise-confidential information appropriately when they perceive an immediate and/or serious threat to any person or property. In addition, the Survivor Advocate would report any allegation of sexual assault of a person under age 18. Individuals who wish to talk about sexual harassment, sexual misconduct, dating violence, domestic violence or stalking-related issues confidentially, with the understanding that the College will not take any action based on such issues except where safety issues are present as described above, are encouraged to contact the Survivor Advocate. In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the Survivor Advocate would report non-personally-identifiable information about Clery crimes they learn about communications intended to be confidential for purposes of the College’s compilation of campus crime statistics. The Survivor Advocate would also report non-personally identifiable information about reports received (but intended to be confidential) to the Title IX Coordinator.
If an individual who makes a report insists that one’s name or other identifiable information not be revealed and the College is able to respect that request, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent. Even so, these confidential resources will still assist the individual in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, changes to living, working or course schedules, and transportation-related accommodations, where requested and reasonably available. An individual who at first requests confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement, and thus have the incident fully investigated. These confidential resources will provide the individual with assistance if the individual wishes to pursue those options.
Community Assistance and Resources for Victims of Sexual Misconduct, Dating Violence, Domestic Violence and/or Stalking
There are a variety of off-campus resources that individuals can utilize for any violations or perceived violations of this Policy, including:
Women’s Freedom Center
Vermont Mental Health Services
Brattleboro Hospital Emergency Room
Windham County Sheriff
Vermont State Police
The College will offer to assist complainants to notify appropriate law enforcement authorities of misconduct prohibited by this policy, if desired by the complainant. The complainant may also choose not to notify law enforcement. The College will also offer to assist complainants in seeking relief from abuse orders or other orders of protection from state courts if desired by complainants, and the College will provide what assistance it reasonably can provide on campus to implement directives made in such orders.
Complaints may be formal or informal, or a person who has concerns about a possible violation of this Policy may seek anonymous counseling rather than filing a complaint. Anonymous counseling enables the complainant to speak with a counselor in Health Services (in the Total Health Center) or the Survivor’s Advocate to seek advice, feedback, or additional resources, after experiencing or witnessing conduct that may violate this Policy, but without naming the involved parties or initiating a formal or informal procedure. Conversations with Health Services or the Survivor’s Advocate are confidential, except as described above. The complainant may initiate a formal or informal complaint, or file a criminal charge or a civil complaint, at any time.
If Marlboro College receives a complaint (through a non-confidential source) of conduct that would, if substantiated, violate this Policy or otherwise has reason to believe that such conduct has occurred, it will take prompt and equitable remedial action to the extent appropriate and possible under the circumstances. Marlboro College will honor a complainant’s request for confidentiality wherever possible, though the College notes that in certain instances the College may be required by law and/or community safety considerations to take action if it learns of misconduct or retaliation in violation of this Policy, even if an affected party does not wish to file a complaint, in order to maintain a safe and nondiscriminatory environment for all members of the Marlboro College Community. As much as possible in light of these considerations, Marlboro College will protect the identity of the person making the complaint and the respondent, except as is reasonably necessary to complete a full and impartial investigation.
The College’s procedures are designed and will be implemented to be prompt, fair, and impartial from the investigation to the final result. The College’s procedures will be conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
In the event that a complainant exercises the right to file a complaint with the police or the state's attorney and a criminal investigation ensues, Marlboro College will at the request of law enforcement officials suspend temporarily the fact finding phase of its investigation under this Complaint Procedure, if it is not yet concluded, until the criminal investigation completes its initial evidence-gathering phase. Although the fact finding will be suspended temporarily, the rights, as applicable, of both the complainant and the respondent, as articulated in this document, will be maintained and Marlboro College will take whatever action it deems necessary for the safety and well-being of the complainant and the College community, including, but not limited to, third party supervision, a no contact agreement, housing relocation, emergency suspension or alternative grade review.
Both informal and formal complaints are initiated by reporting the situation to the Title IX Coordinator (email@example.com) to the supervisor, or to the SLC on Duty (page 877-730_6051). The Title IX Coordinator will meet with the complainant to discuss the complaint and explain the options the complainant can pursue: a confidential discussion in which no individual is identified and the complainant is referred to counseling at Total Health Services or the Survivor Advocate, an informal complaint resolution procedure, which identifies the respondent, or a formal complaint resolution procedure that initiates an investigation and hearing. The Title IX Coordinator will provide a Notice of Rights and Options at this time as well. NOTE: The informal complaint process is not an option in cases of sexual misconduct.
Whichever procedure a person utilizes, the College will endeavor to provide a prompt and equitable resolution for all parties, and to honor the rights outlined below.
- The right to be treated with respect by all parties to the process.
- The right to be free from discouragement from reporting or continuing their education or employment at the school.
- The right to have complaints of sexual misconduct responded to in accordance with the timeline outlined in this Policy.
- The right to confidentiality to the extent possible.
- The right to have an Advisor or Support Person of the complainant’s choice accompany the complainant to all meetings related to the complaint process.
- The right to be informed of the option to notify proper law enforcement authorities, and the option to be assisted by campus officials in notifying such authorities, if the complainant so chooses.
- The right to be notified of available physical and mental health support services both on campus and in the community for survivors of sexual misconduct.
- The right to notification of options for changing academic, working, transportation and living situations after an alleged sexual misconduct incident.
- The right to opt out of the process even though the process may continue.
- The right to speak and present information on one’s own behalf.
- The right to have sexual history with anyone other than the respondent be excluded from presentation in the complaint process.
- The right to request conditions that must be observed by the involved parties during this process which may include no contact, third party supervision, or alternative grade review.
- The right to be free from retaliation.
- The right to request emergency suspension of the respondent or a third-party in the case of stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complainant.
- The right to be informed of the outcome and sanction of any disciplinary process involving sexual misconduct.
- The right to appeal the outcome of a disciplinary process, provided the appeal meets the grounds outlined in the “Appeals Procedure” section of this Policy.
- The right to be presumed not in violation of this Policy until a violation is established through the discipline process.
- The right to be treated with respect by all parties to the process.
- The right to continue their education or employment during the process, unless the College determines that interim separation is necessary.
- The right to have complaints that fall within the scope of this Policy be responded to in accordance with the timeline outlined in this Policy.
- The right to confidentiality to the extent possible.
- The right to have an Advisor or Support Person of the respondent’s choice accompany the respondent to all meetings related to the complaint process.
- The right to access campus resources for medical, counseling, and advisory services.
- The right to a change in on-campus residence and/or an adjustment to their academic schedule, if such changes are reasonably available.
- The right to opt out of the process even though the process may continue.
- The right to speak and present information on one’s own behalf.
- The right to have irrelevant sexual history, such as history regarding the respondent’s sexual history with others, be excluded from presentation in the responsibility phase of the complaint process (relevant sexual history may be considered in the sanctioning process, as described below).
- The right to be informed of the outcome and sanction of any disciplinary process involving sexual misconduct.
- The right to appeal the outcome of a disciplinary process, provided the appeal meets the grounds outlined in the “Appeals Procedure” section of this Policy.
If the complainant decides to pursue an informal resolution, the Title IX Coordinator will obtain information from the complainant about the objectionable behavior and will discuss the complainant's desired resolution. Again, the informal complaint process is not an option in cases of sexual misconduct. Following this meeting, the Title IX Coordinator will then meet with the respondent, either with or without the complainant. During this meeting the Title IX Coordinator will listen to the respondent’s understanding of what transpired and will present to the respondent the complainant’s complaint and desired resolution. The Title IX Coordinator will explain this Policy and the prohibition on retaliation. Either the complainant or respondent may opt out of this procedure at any point. In rare instances where there is an ongoing threat to the College’s ability to maintain a safe, nondiscriminatory campus, the College may decide to investigate and take action, despite a complainant’s decision to opt out of or terminate the informal complaint process.
Following the meeting with the respondent, the Title IX Coordinator may obtain a commitment or written agreement from the respondent to comply with the College's Policy, which will include compliance with the Policy and may outline appropriate future conduct and behavior. The Title IX Coordinator will make a written record to be kept on file in the Title IX Coordinator's office. The Title IX Coordinator will inform both the complainant and the respondent that the Title IX Coordinator's observations and written records might be subpoenaed at a later date and could become evidence in a later civil or criminal proceeding or College proceeding. The Title IX Coordinator will encourage both the complainant and the respondent to seek advice. If any party, including the Title IX Coordinator, is not satisfied with the progress or result of the informal complaint resolution procedure, the party may ask to begin the formal complaint resolution procedure. Use of the informal procedures set forth in this section is not a prerequisite to initiating a formal complaint. The College will endeavor to resolve informal complaints within forty-five (45) days of the initial report to the College, absent extenuating circumstances (such as delays occasioned by College breaks). The College will keep the parties informed regarding the need for any extensions of this period.
At the discretion of the Title IX Coordinator, in the instance wherein two (2) or more informal complaints against a single respondent concerning separate incidents have been filed, or other instances where deemed appropriate by the Title IX Coordinator, the Title IX Coordinator may begin the formal complaint procedure. The Title IX Coordinator will notify any complainants of the initiation of this process. Complainants may participate in the formal complaint process but are not required to. Testimony given in the informal complaint procedure may be seen by the Panel. All complainants will retain the rights derived from the Statement of the Complainant’s Rights in this document.
Any person who is subject to or knows of conduct that may violate this Policy may initiate a formal complaint, which will result in an investigation and review by the Panel on Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking. This investigation will entail interviews with the complainant and respondent, as well as witnesses. The procedure will involve the Panel’s making a decision, based on a preponderance of the evidence standard, on whether or not this Policy has been violated, and a recommendation of sanctions, if any, from the Panel to the Dean of Students (if the Respondent is a student), the Dean of Faculty (if the respondent is a faculty member) or the Chief Human Resources Officer (if the respondent is a staff member). The Title IX Coordinator will provide information and guidance to all parties, and both complainants and respondents may have an Advisor or Support Person to help them navigate this Policy and process, including any meetings related to the case. The Title IX Coordinator is available to assist both parties in finding suitable Advisors or Support Persons, who need not be members of the Marlboro College Community. The College will endeavor to complete its investigation and hearing process (exclusive of any appeal) within sixty (60) days of the initial report to the College, absent extenuating circumstances (such as delays occasioned by College breaks). The College will keep the parties informed regarding the need for any extensions of this period. The College will simultaneously notify, in writing, both the complainant and the respondent of: the result of any institutional disciplinary proceeding that arises from an alleged violation of this Policy, the procedures for appeal, any changes to the result through the appeal process, and when results become final.
- After an initial discussion, the complainant will be asked to prepare (or describe to the Title IX Coordinator or designee and sign) a written statement describing the complaint. The statement should include information such as the date and time of the alleged sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, the name of the respondent, the circumstances of the alleged misconduct, and the identity of any persons who may have knowledge or information regarding the circumstances. If the Title IX Coordinator reviews the complaint and determines that there would be no violation of this Policy even if all the facts are taken as true, then the Title IX Coordinator will inform the complainant that no investigation will be conducted. The Title IX Coordinator will still endeavor to help the complainant receive counseling and any other necessary accommodations, as reasonably available.
- Otherwise, within a reasonably prompt period of time from when the complaint or the request to move forward with the formal complaint resolution procedure was received, the Title IX Coordinator will notify the complainant and the respondent in writing that a complaint has been filed. The notification will include any conditions to be observed during the investigation, for example, third party supervision, no contact or alternative grade review. The appropriate Dean or supervisor will implement the conditions. The notification will also include a copy of this Policy. The Title IX Coordinator will also identify for the complainant and respondent the investigator who has been identified to investigate the matter, as described below. If a party objects to the participation of the identified investigator because of a real or perceived conflict of interest, the Title IX Coordinator will decide whether the objection justifies the appointment of an alternate investigator. This process will be repeated as necessary until an unbiased, neutral investigator is identified.
- The Title IX Coordinator will identify a neutral investigator (“Investigator") to conduct an investigation. The investigation will ordinarily include interviews of the complainant, respondent, and any witnesses with relevant information. The Investigator will notify the witnesses of their obligation to maintain the confidentiality of the investigation and to not engage in retaliation.
- The Title IX Coordinator will remind all parties that either the complainant or the respondent may opt out of the formal complaint resolution process at any point. The investigation will proceed even if the respondent opts out of the formal complaint resolution process. While the complainant may opt out of the formal complaint resolution process or withdraw the complaint, the complainant should be aware that in instances where there is an ongoing threat to the College’s ability to maintain a safe, nondiscriminatory campus, the College may decide to investigate and take action, despite a complainant’s decision to opt out of or terminate the formal complaint process.
- To the extent permitted by law, the complainant and respondent will be afforded the same rights and opportunities throughout the investigation and adjudication process, including the opportunity to recommend witnesses and submit evidence. However, the decision to interview particular witnesses or consider evidence offered by the parties is within the sole discretion of the investigator, in consultation with the Title IX Coordinator as necessary.
- Complainants and respondents are entitled to the same opportunities to have an advisor of their choice present at any interviews or meetings related to the investigation and adjudication process under this policy. Such advisors may advise the complainant or respondent privately, but cannot act as speaking advocates at a meeting. An investigator or other College representative may terminate meetings and proceed with the investigation or adjudication based on otherwise-available information if advisors refuse to comply with these requirements.
- If a complainant or respondent is concerned that another person involved in the investigation or adjudication (such as, for example, an investigator or the Title IX Coordinator) may be biased or have a conflict of interest, the person should inform the Title IX Coordinator or President’s Office (if the concern is about the Title IX Coordinator) of that concern immediately. The Title IX Coordinator or alternate person, as applicable, will consider the concern and inform the parties of a decision as to whether an alternate will be named.
- If it is determined that an investigation and adjudication should proceed under this policy, an investigator will be appointed to conduct an investigation that is appropriate under the circumstances, and is prompt, thorough, fair, equitable, objective and impartial.
- The College’s investigation and adjudication process does not require or permit the complainant and respondent to interact or communicate directly or indirectly with each other at any time. The parties are therefore not permitted to question or cross-examine each other during the course of the investigation.
- The Investigator is authorized to contact any and all individuals with potentially relevant information. The College recognizes, however, that individuals who are bound by legal privileges may not be able to disclose privileged information, unless an exception applies. The Investigator is authorized to access relevant records, except those legally protected as confidential or privileged, and may collect any additional evidence relevant to the complaint. The nature and scope of the investigation is within the sole discretion of the investigator and/or the College.
- The College may also at any time take appropriate steps, including by way of example only, issuance of No Contact Orders and/or No Trespass Orders, temporary changes in assignment of duties or housing, changes in schedules or program requirements, transportation or working accommodations, or other accommodations, if requested and reasonably available, to protect complaining parties on an interim basis. These measures can be taken if requested and reasonably available, regardless of whether a complainant pursues a complaint under this policy.
- The complainant and respondent will be asked to identify all relevant evidence they would like the investigator to review, as well as witnesses they would like the investigator to interview. Both parties may provide, if they wish, a list of questions they would like the investigator to ask of particular witnesses or of each other. The Investigator is not required to consider the evidence submitted or interview any particular witness, even if identified by one of the parties, nor to ask questions provided by either party. However, in determining whether to interview witnesses or review evidence, the investigator should consider such factors as equity, fairness, thoroughness, and impartial treatment of both parties.
- All participants in the investigation are expected to cooperate fully by providing complete, accurate, and truthful information. They may also be expected to sign statements or other documents memorializing the information they provided, and may be asked to keep the substance of the interview confidential. Failure to cooperate fully with the Investigator may subject the individual to the full range of disciplinary actions, as applicable.
- Formal rules of evidence do not apply in the process described herein. In cases where an evidentiary or procedural question arises in connection with the investigation or adjudication process, the Title IX Coordinator will make a decision on such questions.
- At the conclusion of the investigation, the complainant and respondent may review the witness statements and other relevant materials. Both will have an opportunity to respond to this information in writing within seven calendar days.
- If at any stage following the submission of these responses new relevant evidence is gathered, it will be shared with the complainant and respondent, who will have an opportunity to submit a written response within a time frame determined by the Title IX Coordinator.
- The complainant and respondent may each request to see the other party’s written statement once it has been submitted.
- The Investigator will submit a final report to the Title IX Coordinator. The final report will include all investigation materials deemed permissible, the complainant’s and respondent’s written responses, the investigator’s recommended finding of whether this Policy has been violated, and the investigator’s rationale. This recommendation will be based on the standard of preponderance of evidence, i.e., whether it is more likely than not that the Policy was violated.
- The Title IX Coordinator will review the investigator’s report and recommendation and determine whether any further investigation needs to be done. If so, the Title IX Coordinator will direct the investigator to perform additional investigation as deemed necessary.
- Once the Title IX Coordinator is satisfied that the investigation is complete, he or she will provide the report and recommendation to the Panel on Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence and Stalking, and to each of the parties, as applicable. The Panel considers investigation reports and evidence collected in investigations, and deliberates and makes decisions as to whether or not this Policy has been violated.
- The Panel will consider the investigator’s report and recommendation and the parties’ responses. The Panel is not bound by the Investigator’s report and recommendation; rather, these are advisory to the Panel. The Panel may accept or reject the investigator’s recommendation in whole or in part, and may request additional relevant information or investigation before making a determination. If the Panel requests such additional relevant information or investigation, the Panel will provide notice to the parties of any additional information gathered in response to such requests. The parties may then have two days to provide to the Panel a written statement regarding their perspectives on the additional information, if they choose to do so. The Panel may consult with other persons as deemed appropriate.
- Either party may choose to (but does not have to) meet individually with the Panel prior to the Panel’s determination. The Panel may also request an individual meeting with either party or any other person(s) as deemed appropriate. Parties can decide either to attend a meeting at the Panel’s request, or decline the request. The Panel will not view a party’s position more or less favorably because a party chooses not to attend a meeting with the Panel. The Panel’s determination will be based on a preponderance of the evidence standard.
- If the Panel finds that there is insufficient evidence to find that a violation of this Policy occurred, the Panel will inform the complainant and the respondent of that, simultaneously and in writing. If the Panel finds that the respondent has engaged in conduct that violates this policy, the Panel will inform the complainant and the respondent of that, simultaneously and in writing, and invite each party to submit within an appropriate period a Sanction Statement sharing any thoughts they would like the Panel to consider when recommending a sanction. In recommending sanctions, the Panel will consider, for example: 1) any such statements; 2) its findings regarding the case at issue; and 3) any relevant prior misconduct, information about which may be received by the Panel from College offices or officials with knowledge (i.e., the Dean of Students in student respondent cases, the Chief Human Resources Officer in staff respondent cases, and the Dean of Faculty in faculty respondent cases or an ad hoc committee of the Board of Trustees, in a trustee respondent case), who will provide such information and confer with the Panel once a finding of responsibility has been made.
- The Panel will forward its findings and recommendation for action the Dean of Students (if the respondent is a student), the Dean of Faculty (if the respondent is a faculty member) or the Chief Human Resources Officer (if the respondent is a staff member), or an ad hoc committee of the Board of Trustees (if the respondent is a trustee), (“responsible individuals”) who will affirm or modify the proposed sanction. When this individual determines the sanction, they will, in cases in which sexual assault, dating violence, domestic violence or stalking are found to have occurred, simultaneously notify in writing the complainant, the respondent and the Title IX Coordinator. In cases in which sexual harassment that does not also involve sexual assault, dating violence, domestic violence or stalking is found to have occurred, the responsible individual will notify the respondent and the Title IX Coordinator of the sanctions in writing, and will, to the extent permitted by law, simultaneously notify the complainant of any sanctions that pertain to the complainant and that would have an effect on the complainant’s educational or working environment. The Panel’s findings and recommendation and the responsible individual’s sanction decision will be kept on file with the Title IX Coordinator and in the respondent’s personnel or student file.
- If the Panel finds that either party provided false information during the investigation or that the complainant intentionally made a false report of conduct that violates this Policy, the Panel shall recommend suitable action to the appropriate Dean or the Chief Human Resources Officer.
- The complainant and the respondent may submit written responses to the investigatory report within five (5) business days of the date of the issuance of this report. These responses must be submitted to the Title IX Coordinator.
The complainant or respondent may appeal a Panel’s finding of no responsibility and/or a Panel’s finding of responsibility and/or sanction imposed by the responsible individual by delivering a written statement of appeal to the Dean’s Advisory Committee2 (for decisions made by the Dean of Students) or the President (for decisions made by the Chief Human Resources Officer or the Dean of Faculty, as chair of the Committee on Faculty) within five (5) business days from the date of the Panel’s finding of responsibility or the responsible individual’s sanctions decision, whichever comes later. If the President has a conflict of interest, a faculty appeal will be considered by the Chair of the Board of Trustees. The statement of appeal must detail the specific reason(s) for the appeal. The recipient of the appeal will notify the other party of any submitted appeal. The other party may submit a written response to the appeal to the President within five (5) business days of delivery of the statement of appeal. Appeals will be limited to the following grounds: (1) consideration of new evidence that was not reasonably available at the time of the formal investigation or Panel’s consideration of the matter; (2) an allegation of substantial procedural error on the part of the investigator or the Title IX Coordinator; or (3) the sanction imposed was disproportionate to the conduct violating the Policy. The designated committee or individual considering the appeal shall not conduct a new fact investigation but may consult with the investigator, Title IX Coordinator, Panel and/or responsible individual, and shall have the authority to affirm, reverse or modify the decision and/or the penalty imposed, or to remand the matter to the investigator, the Title IX Coordinator, the Panel, or the responsible individual for further consideration. The decision on the appeal is the final appeal available internally at the College. Appeal determinations will generally occur within twenty (20) business days from the receipt of the appeal.
Remedies or sanctions for violations of the College’s policy against sexual harassment, or its policy against sexual misconduct that does not constitute sexual assault, may include:
- verbal or written warning,
- a signed contract describing commitment to future behavior,
- leave of absence with or without pay,
- dismissal from employment
- suspension from housing
- suspension from social activities
- suspension from school
- expulsion from school,
- temporary or permanent transfer to a different position,
- class or academic assignment,
- reassignment of work or academic work, or
- alteration of living or work environment.
Any mandated separation of a student from the College for a violation of this Policy will recommend conditions that must be satisfied before the student's return. In the case that a student is separated from the College, the Panel will consider putting conditions into place which must continue to be met after the student’s return.
 The Survivor Advocate is the designated title for the member of the staff whose responsibilities include providing confidential first-responder support to those who may have been subject to a violation of the policy, which includes providing and referring to resources on and off campus; advocating for, and/or advising complainants during institutional disciplinary processes. The Survivor Advocate may also be involved in staff and faculty training, and campus education on issues pertaining to sexual misconduct and the response of the College to reports of possible violations of the Policy and criminal acts. While the College will observe these confidentiality principles as to communications involving the Survivor Advocate, the Survivor Advocate does not have the protection from being required to provide information or testimony in a judicial proceeding that is enjoyed by, for example, licensed counselors or health care professionals.
 A student who is a complainant or a respondent may request that no students sit on the Dean’s Advisory Committee.