Sexual assault can be committed by any person against any other person, regardless of gender, gender identity, sexual orientation, or past or current relationship status.Sexual assault may occur with or without physical resistance or violence.Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.
Consent is not present or valid when a person is incapable of giving consent because they are incapacitated by drugs or alcohol; when intimidation, threats, physical force, or other actions that a reasonable person in that person’s circumstances would consider coercive are applied; when that person is placed in fear that any person will suffer imminent bodily injury; when a physical or mental condition is present such that the person cannot knowingly or voluntarily give consent; or when a person is under the age of 16.Silence, non-communication, or a lack of resistance does not necessarily imply consent.This policy further expands the list of prohibited behaviors beyond Clery requirements to include the categories of Sexual Exploitation, and Domestic and Dating Misconduct.In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, Middlebury 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 the criminal laws in applicable jurisdictions.Middlebury prohibits the crimes of sexual assault, dating violence, domestic violence, and stalking as defined by the Clery Act and this policy.
In addition, for the purposes of this policy, the definitions of domestic violence and dating violence expand upon the definitions required under the Clery Act, as amended effective 2014, and include other prohibited behaviors.
Since Middlebury lacks full judicial authority, such as the power to subpoena or place witnesses under oath, an individual’s rights cannot be coextensive with or identical to the rights afforded in a civil or criminal legal proceeding.
The policies, procedures and information outlined herein supersede Middlebury's Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking dated January 3, 2018 and all previous Middlebury policies, procedures and information on the same topics. Middlebury’s process to address cases of alleged sexual misconduct, domestic and dating violence or misconduct, stalking and related retaliation is designed to: The parties will be provided procedural rights as outlined in this policy.
The procedures outlined below are designed, however, to assure fundamental fairness and to protect individuals from arbitrary or capricious disciplinary action.
All adjudicators, investigators, and Middlebury officials shall conduct their proceedings in the spirit of these principles.
Except as otherwise specified herein, this policy applies to faculty, staff and students, as well as to others who participate in Middlebury’s programs and activities (see Section 2, Definitions: Covered Third Parties, below), including the undergraduate college, the Language Schools, the School of the Environment, Midd Core, Bread Loaf School of English, Bread Loaf Writers’ Conference, Middlebury College Schools Abroad, the Middlebury Institute of International Studies at Monterey ("the Institute"), and all other Middlebury on- or off-campus programs.