Sexual Misconduct/Assault
Intentional physical contact of a sexual nature with the body of another should not occur without the unequivocal consent of that individual. In the event of any indication that the contact or conduct is unwelcome, it should cease or not be attempted. “No” means “no”; “maybe” means “no”; silence means “no”; hesitation means “no”; and a “yes” that is followed by a change of mind also means “no”. If there is any doubt, the answer should be understood to be no, and sexual activity should cease. This policy applies regardless of the sexual orientation of the individuals involved.
Unequivocal Consent
At Colby-Sawyer College, a person who is accused of sexual misconduct or sexual assault must show he or she had evidence of unequivocal consent given by the person who complains of inappropriate sexual conduct or contact. The hearing body may find for the complainant instead of the respondent unless there is evidence of unequivocal consent by one who is capable of offering it. If someone is incapable of offering [or recognizing] consent, due to alcohol or drug impairment, underage status, or other limitation, then sexual activity should cease. Likewise if someone is incapable of recognizing whether consent has or has not been given, then sexual activity should cease.
Reporting Options
The following options exist for a person who thinks he or she has been a victim of sexual misconduct or sexual assault:
to pursue the case through the judicial system of the State of New Hampshire, but not through the college conduct system;
to pursue the case through the college conduct system, but not through the state judicial system;
to pursue the case via both the state and college processes; and
not to pursue the case via either the state or college process.
Additionally, a student can request a change in his or her housing and class assignments, depending on individual availability and requirements.
Investigation
Once a student chooses to pursue the case through the college conduct system, the college will investigate promptly the charges made by the complainant.
Except as required by the demands of the investigation and enforcement of the policy, the complainant's claim will be treated as private by the college.
If the safety and/or well-being of the complainant or the accused is in question, persons accused of sexual misconduct or sexual assault may be banned from certain residence halls or buildings, or suspended from the college pending the hearing.
Prohibition Against Retaliation
Students and employees who, in good faith, report what they believe to be sexual misconduct or assault or who cooperate with any investigation shall not be subjected to retaliation. Any student or employee who believes he or she has been the victim of retaliation for reporting sexual misconduct or assault or cooperating in an investigation should immediately contact campus safety or human resources. Any person found to have retaliated against a person who has cooperated in an investigation will be in violation of this policy and will be subject to disciplinary action.
Determination
Should an investigation produce enough information to substantiate an allegation of sexual misconduct or sexual assault, the case will then be referred to a hearing body appointed by the associate dean of students or designee. Administrative hearings provide each party with an opportunity to present information regarding the incident. The hearing body, once it has heard all sides and questioned parties, including relevant witnesses, will make a determination of responsibility or non-responsibility based on a preponderance of evidence standard. The hearing body will notify the respondent, and the complainant of the outcome of the hearing.
The respondent and complainant may appeal the the decision of the hearing body within ten days of written notification of the outcome. Appeals are granted when there is a reasonable claim of new evidence likely to have a significant effect on the outcome of the hearing, evidence of procedural irregularity, and/or imposition of an inappropriate or excessive penalty. Disagreement with the finding and/or sanction of a hearing body is not a sufficient basis for appeal.
Sanction
Should a student be found responsible for sexual misconduct or assault, sanctions could range from probation to permanent dismissal.
For more information regarding the conduct process, please refer to the Conduct System section of the Code of Community Responsibility.
Information regarding sexual assault, sexual harassment, and sexual misconduct prevention programs and resources for victims/survivors.
Policy revised July 2011 by the vice president for student development and dean of students and the associate dean of students and director of citizenship education.
Rationale
Community members must be able to expect a reasonable level of personal safety in order to attain academic and personal excellence.
Violence of any kind has no place in our community as it harms the targeted student(s) and, by ripple effect, instills a level of fear and suspicion that is detrimental to the community as a whole.
Value
- Community
- Connectedness
- Excellence
- Responsibility
