The procedures outlined below are designed, however, to assure fundamental fairness and to protect individuals from arbitrary or capricious disciplinary action.
The procedures for addressing complaints or reports of sexual misconduct, domestic or dating violence or misconduct, stalking and related retaliation are set forth below.
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.
Information about on-campus and off-campus support services (i.e., counseling, health, victim advocacy, legal assistance and other related services) is provided in Appendix C, below.
Factors to be considered in determining sanctions are listed in Section 10 (H), below.
It could also entail non-disciplinary measures such as No Contact Orders and/or No Trespass Orders, training, and providing safety and support services to complainants and affected parties, as appropriate.
Pursuing a Criminal Complaint, Involvement of Law Enforcement, and Obtaining a No Contact Order, No Trespass Notice, and Order of Protection 8. Plans or Directives Issued by Middlebury Officials 16. Such action could include discipline for employees such as written reprimands, salary freezes (faculty) or termination of employment, or discipline for students such as probationary status, a letter of official discipline, suspension or expulsion from any or all programs in which the student is enrolled or participating. Complaint Investigation and Resolution Procedures (A) In General(B) Complaints Directed to the HRO or JAO (includes Rights of Complainants and Rights of Respondents)(C) Complaint Receipt and Review(D) Amnesty(E) Investigation Overview(F) Investigation(G) Determination(H) Sanction(I) Time Frames for the Investigation, Adjudication and Determination of Sanctions(J) Appeals(K) Disposition Without Adjudication 11. Training of Individuals Conducting Investigations and Adjudications 15. Middlebury will take reasonable, prompt and appropriate action to respond to sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking and related retaliation where such conduct impacts or has the potential to impact the Middlebury program-based educational, residential, or employment environment of any member of the Middlebury community. Emergency Withdrawal, Suspension, or Expulsion (Students) 14. Sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking, and related retaliation, as defined by this policy (henceforth referred to as the "SMDVS Policy"), are strictly prohibited. Middlebury Faculty and Staff as Advisors Appendix A: Applicable Definitions: State and Federal Law Appendix B: Contact Information Appendix C: Resources Appendix D: Title IX Coordinator Appendix E: Campus Security Authorities Appendix F: Sanction Information (Students, Faculty, Staff)End Notes Middlebury College (“Middlebury”) is committed to providing a campus and workplace environment that is safe and secure for all students, staff, faculty and others who participate in Middlebury’s programs.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.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.