INTERIM SEXUAL MISCONDUCT POLICY

HOBART AND WILLIAM SMITH COLLEGES
AUGUST 2014

UPDATED OCTOBER 2015

SUMMARY

This Interim Sexual Misconduct Policy has been developed to:
(1) reaffirm the Colleges' institutional values;
(2) define community expectations;
(3) provide recourse for those individuals whose rights have been violated; and
(4) provide for fair and equitable procedures for determining when this Policy has been violated.

This Interim Sexual Misconduct Policy:

  1. Prohibits sex discrimination and harassment, sexual harassment, sexual violence, stalking, intimate partner violence, and sex- or gender-based harassment that does not involve conduct of a sexual nature (Sections III and V);
  2. Defines consent, force, coercion, and incapacitation (Section IV);
  3. Describes the difference between privacy and confidentiality so students understand where to go if they want to speak with someone confidentially or want to make a report that will be acted upon (Sections IV, VII, and VIII);
  4. Describes the supports, resources, and accommodations available to students, on-campus and off-campus (Sections VII and IX);
  5. Describes the process for reporting such incidents, on-campus and off-campus (Section VIII); and
  6. Describes the options to address the conduct through on-campus proceedings (Sections X, XI, and XII).

If you share information related to sexual violence, sexual assault, sex discrimination, or sexual harassment with a faculty member, coach, administrator, Resident Assistant, or member of student Orientation staff, it must be shared with the Title IX Coordinator. If you want a confidential discussion, please speak with one of the confidential sources listed in Sections IV (A) and VII(C). There are a number of confidential and non-confidential resources on campus who can provide information to students about their reporting options and can describe the different on-campus and off-campus supports available to students. Off-campus resources are not obligated to inform the Colleges of the report.

Sexual harassment, sexual misconduct, sexual violence, and intimate partner violence are broad terms designed to capture a spectrum of behavior. In general, sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to incapacitation. Sexual misconduct is a broad term that refers to all of the prohibited behaviors under this Policy.

To make reporting easy and accessible, the Colleges provide a variety of means to report sexual misconduct. All Colleges' community members, even those who are not required to make a report under this Interim Sexual Misconduct Policy, are strongly encouraged to report information regarding any incident of sexual assault or harassment to the Title IX Coordinator. The Title IX Coordinator is specifically charged with coordinating the initial assessment, initiating the investigation, and responding to allegations of sexual assault or harassment to stop the harassing conduct, address its effects, and prevent its recurrence.


The Colleges' policy, definitions, and standard of review differ from New York criminal law. A Complainant may seek resolution through the Colleges' complaint process, may pursue criminal action, may choose one but not the other, may choose both, or may choose neither. Neither law enforcement's determination whether or not to prosecute a Respondent nor the outcome of any criminal prosecution are determinative of whether sexual assault or harassment has occurred under this Policy. Proceedings under the Colleges' Interim Sexual Misconduct Policy may be carried out prior to, simultaneously with, or following off-campus civil or criminal proceedings.


WHAT IS TITLE IX?

Title IX, a federal law, mandates that colleges and universities create an environment free from sexual discrimination and harassment for all community members and prohibits discrimination on the basis of sex in education programs and activities. Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. ยง1681, et seq. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex includes sexual harassment, gender-based harassment, sexual violence, sexual assault, other forms of sexual misconduct, stalking, and intimate partner violence.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX. Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and other applicable statutes.

What does the Colleges' Title IX Coordinator do?

Title IX, a federal law, mandates that colleges and universities create an environment free from sex discrimination and sexual harassment for all community members and prohibits discrimination on the basis of sex in education programs and activities. Sexual violence is considered a form of sex discrimination. Title IX requires most colleges and universities¹ to appoint someone to the position of Title IX Coordinator. The Colleges' Title IX Coordinator can provide community members with information about the Colleges' Interim Sexual Misconduct Policy and supports, resources, and options available to students, both on-campus and off-campus. In addition, the Title IX Coordinator tracks and monitors incidents of sexual violence, sexual assault, sex discrimination, sexual/sex harassment, stalking, and intimate partner violence and ensures that the Colleges respond effectively to each complaint, which may include conducting investigations. The Title IX Coordinator also oversees the Colleges' training, prevention, and education efforts.

¹ Colleges that do not receive federal financial assistance are not obligated to appoint a Title IX Coordinator.

Contact Us

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



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