code of community responsibility

Reporting

All College employees, including faculty, staff, and administrators, student employees who have a responsibility for student welfare, and student volunteers who have a responsibility for student welfare, are required to share with the Title IX Coordinator any report of sexual misconduct they receive or of which they become aware.

Examples of students who have a duty to share the information with the Title IX Coordinator include Resident Assistants.

All Colby-Sawyer community members, even those who are not obligated by this policy, are strongly encouraged to report information regarding any incident of sexual misconduct to the Title IX Coordinator or Title IX Deputy Coordinators.

The Title IX Deputy Coordinators, working with the Title IX Coordinator, will ensure that the College responds to all reports in a timely, effective and consistent manner. The Title IX Deputy Coordinators are: the Vice President and Dean of Faculty and the Associate Dean of Students and Director of Citizenship Education.

The College will promptly and thoroughly investigate and respond to all reports of sexual misconduct. The College will respond to all reports in an integrated, consistent manner that treats each individual with dignity and respect. The College will approach each report with an earnest intent to understand the perspective and experiences of each individual involved in order to ensure fair and impartial evaluation and resolution.

The College is committed to providing a variety of welcoming and accessible means so that that all instances of sexual misconduct will be reported. The College also recognizes that the decision whether or not to report sexual misconduct is personal, and that there are many barriers to reporting, both individual and societal. Not every individual will be prepared to make a report to the College or to law enforcement, and individuals are not expected or required to pursue a specific course of action.

An incident does not have to occur on campus to be reported to the College. Off-campus conduct that adversely affects the College or the Colby-Sawyer community also falls under this policy.

An individual does not have to decide whether or not to request disciplinary action at the time the report is made. The College recognizes that choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. The College will respect an individual's autonomy in making these important decisions and provide support that will assist each individual in making that determination.

As outlined in the Resources section of this policy, there are confidential resources on campus and in the community available to individuals not wishing to make a make a report to the College. Information shared with these confidential resources will not be reported to the College.

As outlined in the Statement on Privacy, the College respects the privacy interests of student, faculty, and staff. All information reported will be shared only with those College employees who will assist in the investigation and/or resolution of the complaint.

1. Emergency/Immediate Reporting Options

The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual misconduct. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. The College will assist any Colby-Sawyer community member to get to a safe place and will provide transportation to the hospital, coordination with law enforcement, and information about the College's resources and complaint processes.

Assistance is available from the College 24 hours a day year-round by calling the Colby-Sawyer College Campus Safety. Any individual can request that a member of Campus Safety respond and take a report, or request to speak with a member of the Counseling Center. There is no requirement that an individual file an incident report with Campus Safety in order to speak with a member of the Counseling Center.

A medical provider can provide emergency and/or follow-up medical services, and the ability to discuss any health care concerns related to the incident in a confidential medical setting may bring peace of mind. The medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (sexually transmitted infection or pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any course of action. The decision to seek medical attention and gather any evidence will remain confidential and preserve the full range of options to seek resolution through the College's complaint processes or through the pursuit of criminal action.

Emergency Response

911

Colby-Sawyer College Campus Safety
(603) 526-3300

New London Police Department (603) 526-2626

Health and Safety Baird Health and Counseling Center
(603) 526-3621
Nurses and counselors are available during regular office hours. After hours counselors can be reached through the Campus Safety Emergency Line.

New London Hospital
(603) 526-2911

2. Campus Reporting Options

The College recognizes that a student or employee may choose to report sexual misconduct to any trusted employee of the College. For example, a student may choose to confide in a Resident Assistant, a faculty member, or a coach, all of whom are considered “responsible employees” who must report the incident under this policy. An employee may choose to confide in a supervisor, also considered a “responsible employee.” Under this policy, any employee who receives a report of sexual misconduct must share the report with the Title IX Coordinator. The Title IX Coordinator is specifically charged with investigating and responding to allegations of sexual misconduct.

To enable the College to respond to all reports in a prompt and equitable manner, the College encourages all individuals to directly report any incident of sexual misconduct to the Title IX Coordinator or a Title IX Deputy Coordinator:

For Complaints Against Any Colby-Sawyer Community Member:

Colby-Sawyer College Campus Safety
(603) 526-3300
Are available 24 hours a day.

Title IX Coordinator
Doug Atkins
(603) 526-3880
Is available during regular office hours.

For Complaints Against Faculty: Dean of Faculty and Deputy Title IX Coordinator
Deb Taylor
(603) 526-3760

For Complaints Against Staff, Administration and Visitors:
Vice President for Human Resources and Title IX Coordinator
Doug Atkins

(603) 526-3880
Is available during regular office hours.

For Complaints Against Students:
Associate Dean of Students & Director of Citizenship Education Deputy Title IX Coordinator
Robin Burroughs Davis

(603) 526-3752
Is available during regular office hours.

3. Anonymous Reporting

Any individual may make an anonymous report concerning an act of sexual misconduct. An individual may report the incident without disclosing his/her name, identifying the respondent or requesting any action. Depending on the level of information available about the incident or the individuals involved, however, the College's ability to respond to an anonymous report may be limited. Anonymous reports may be made by downloading the “Confidential Sexual Assault Report Form,” printing out the form and completing and returning it to the Director of Campus Safety. All reports will go to the Title IX Coordinator.

4. Reporting Patterns of Sexual Harassment

In the event that an individual believes that he/she/they may be experiencing behavior that points to a pattern of sexual harassment, he/she/they should document that behavior and report it to the Title IX Coordinator or a Deputy Coordinator.

5. Time Frame for Reporting

Individuals are encouraged to report sexual misconduct immediately in order to maximize the College's ability to respond promptly and equitably. The College does not, however, limit the time frame for reporting. The College will not be able to pursue disciplinary action against an individual who is no longer affiliated with the College. Under those circumstances, the College will still conduct a Title IX review.

6. Coordination with Law Enforcement

The College encourages complainants to pursue criminal action for incidents of sexual misconduct that may also be crimes under New Hampshire law. In every case of sexual violence, the College, through the Director of Campus Safety, will notify the New London Police Department of the allegations. The College will also assist a complainant in making a criminal report and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process to the extent permitted by law. However, a complainant may also choose not to pursue criminal action, and under most circumstances, the New London Police Department will not force a complainant to pursue charges if he/she/they are not willing to do so.

The College's policy, definitions and burden of proof may differ from New Hampshire criminal law. A complainant may seek resolution through the College's conduct process, may pursue criminal action, may choose one but not the other, or may choose both. Neither law enforcement's determination whether or not to prosecute a respondent, nor the outcome of any criminal prosecution, are determinative of whether sexual misconduct under this policy has occurred. Proceedings under the College's Sexual Misconduct Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

7. Amnesty for Students Who Report Sexual Misconduct

The College encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. The College recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential Conduct System consequences for his/her/their own conduct. An individual who reports sexual misconduct, either as a complainant or a third party witness, will not be subject to disciplinary action by the College for his/her/their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. The amnesty policy applies to the College's student conduct process.

8. Bystander Intervention

The college expects all community members to take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention, calling law enforcement, or seeking assistance from a person in authority. Community members who choose to exercise this positive moral obligation will be supported by the College and protected from retaliation.

9. Statement Against Retaliation

It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group of individuals reported an allegation of sexual misconduct.

The College recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a respondent can also be the subject of retaliation by the complainant or a third party. The College will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate. An individual reporting sexual misconduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.