INTERIM SEXUAL MISCONDUCT POLICY

HOBART AND WILLIAM SMITH COLLEGES
AUGUST 2014

UPDATED OCTOBER 2015

TRIGGER WARNING: This interim policy addresses the reporting of sexual assault and may contain content or subject matter that is sensitive or upsetting.

Resources are available on- and off-campus to provide assistance.

TABLE OF CONTENTS

Summary

  1. Institutional Values and Community Expectations
  2. Scope of Policy-To Whom and When This Policy Applies; Related Definitions
  3. Notice of Non-Discrimination-The Colleges Prohibit Discrimination; The Title IX Coordinator Oversees the Colleges' Response To Sexual Misconduct
    1. Title IX Coordinator
    2. External Reports
  4. Privacy and Confidentiality
    1. Understanding the Colleges' Commitment to Privacy and Confidentiality and the Limits of Confidentiality
    2. Limitations on Confidentiality
      1. Responsible Employees
      2. Weighing a Request for Confidentiality
    3. Timely Warnings
    4. Compliance with all Applicable Laws Related to Privacy and Confidentiality
  5. Prohibited Conduct
    1. Sexual Harassment
    2. Sexual Assault
    3. Sexual Exploitation
    4. Intimate Partner/Dating/Domestic/Relationship Violence
    5. Stalking
    6. Physical Assault
    7. Harm to Others
    8. Bullying and Intimidation
    9. Indecent Exposure
    10. Retaliation
  6. Related Definitions: Consent, Force, Coercion, Incapacitation, and Alcohol and Other Drugs
    1. Consent
    2. Incapacitation
    3. Alcohol and Other Drugs
    4. Force
    5. Coercion
    6. Consensual Sexual Activity between Employees and Students
  7. Resources & First Response Support Options
    1. Overview
    2. Emergency Support Services in the Event of a Sexual Assault
      1. Campus Safety and Law Enforcement
      2. Emergency Health Care
      3. Emergency Mental Health Support
    3. Confidential Resources and Support
      1. On-Campus Privileged and Confidential Communications
        1. Professional Counselors
        2. Pastoral Counselors
        3. Health Services
        4. Staff in the Offices of CCSW, Hubbs Health Center, and the Office of Religious Life
      2. Off-Campus Confidential Reporting
        1. Counselors and Advocates
        2. Health Care
      3. Limitations Associated with Confidential Reporting
    4. Education and Prevention Programs
  8. Reporting
    1. Overview
    2. Reporting to Law Enforcement
      1. Victim Assistance Programs
      2. Simultaneous Investigations of the Colleges and GPD
    3. Campus Reporting Options
    4. Anonymous Reporting
    5. Reporting Considerations
      1. Timeliness of Report, Location of Incident
      2. Amnesty for Personal Use of Alcohol or Other Drugs
    6. Statement Against Retaliation
    7. False Reporting
    8. Reports Involving Minors
  9. Student Bill of Rights
  10. Interim Measures and Accommodations that can be Implemented Pending Outcome of Sexual Misconduct Complaints
    1. Overview
    2. Range of Measures
    3. Colleges' Imposed Interim Suspension or Leave
  11. Summary of Title IX Review, Investigation, and Resolution Alternatives
    1. Overview of Procedural Options
    2. Role of the Title IX Coordinator
    3. Time Frames for Addressing Reports Made Under this Policy
    4. Initial Title IX Review and Assessment
      1. Risk of Harm
      2. Appropriateness of Disciplinary Action or Hearing Process
    5. Notice to the Parties and Investigation
    6. Remedies-based Resolution
    7. Complaint Resolution Process
  12. Procedures for Resolution of Complaints Against Students
    1. Title IX Assessment
    2. Remedies-based Responses
    3. Investigation
    4. Determination of Next Steps Following an Investigation
  13. The Complaint Resolution Process
    1. Administrative Hearing 57
    2. Sexual Misconduct Hearing Panel
      1. Process Support for the Hearing Panel
      2. Process Support for the Parties
    3. External Decision-Maker
    4. Pre-Hearing Resolution Procedures
      1. Initiation of Charges
      2. Group Infractions
      3. Advisers
      4. Pre-Hearing Meeting with Complainant and Respondent; Witnesses
      5. Notice of Hearing
      6. Composition of the Hearing Panel; Challenges to the Composition
      7. Pre-Hearing Review of Documents
      8. Witnesses
      9. Relevance
      10. Prior Sexual History and/or Pattern Evidence
      11. Mental Health History, Treatment and Records
      12. Request to Reschedule Hearing
      13. Consolidation of Hearings
    5. Hearing Procedures (for Hearing Panel or External Decision-Maker)
      1. Attendance at Hearing
      2. Participants in Hearing Procedures
      3. Safeguarding of Privacy
      4. Hearing Procedures
      5. Questioning of Witnesses
      6. Deliberation
      7. Preponderance of the Evidence Standard
      8. Sanctions
      9. Notice of Outcome
      10. Recording of Proceedings
      11. Withdrawal Pending Outcome
    6. Appeals
    7. Records

Sources

Appendix A New York Crime Definitions Required to be distributed by The Violence Against Women Act (VAWA)

Appendix B Mandatory Child Abuse Reporting

Contact Us

Office of Title IX Programs & Compliance
603 S. Main Street, Seneca Room Annex (lake level)
(315) 781-3922
TitleIX@hws.edu

Please email questions, comments and suggestions to the Office of Title IX Programs & Compliance using this anonymous form.



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