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I. Introduction
Colgate is committed to a learning and living environment where all members of the community feel safe and respected. Acts of sexual misconduct and sexual harassment are serious violations of our community values. This policy aims to ensure that all members of the Colgate community can study, live and work together without being subjected to sexually inappropriate behavior.
In this policy, the term “Colgate community” is used to refer to faculty, staff, students and others affiliated with the University by reason of employment or education. Although we have utilized pronouns referring to the male and female genders, we acknowledge that some individuals do not use these pronouns to describe themselves. Despite the gendered nature of its language, this policy is inclusive of all students of the Colgate community.
The purpose of this policy is twofold: first, to establish clear procedures for the handling of sexual misconduct and sexual harassment allegations, and second, to educate the student community with respect to the limits of acceptable conduct. By educating students about Colgate’s expectations, this policy aims to prevent sexual misconduct and sexual harassment from occurring. Students are urged to read this policy and to develop an understanding of the line between acceptable and unacceptable sexual behavior.
An underlying premise of this distinction between acceptable and unacceptable conduct is the notion of mutual respect and clear consent. It is important to realize that the use of alcohol or drugs can blur the distinction between consent and coercion. However, being under the influence of alcohol or drugs is not a defense to an allegation of sexual misconduct or sexual harassment.
A student who believes that he or she has been the victim of sexual misconduct or has experienced sexual harassment is encouraged to report it immediately. The University has designated the following individuals to receive complaints of sexual harassment and sexual misconduct:
• The University Harassment Officer, Lyn Rugg x7288
• Campus Safety x 7333 or www.colgate.edu/campussafety.
This policy explains Colgate’s approach to investigating, adjudicating and disciplining acts of sexual misconduct and sexual harassment. Many acts of sexual misconduct or sexual harassment are also crimes. Colgate strongly encourages the reporting of such incidents to the local police by dialing 911. Campus Safety will assist a student in reporting an incident to the police if the student so requests. The criminal process is separate and distinct from this policy. The fact that a criminal complaint has been filed, prosecuted or dismissed will not prevent Colgate from pursuing disciplinary action.
Each year, the University appoints several faculty, staff and students to act as Harassment Advisors. Harassment Advisors are available to consult with students regarding the definition of sexual misconduct or sexual harassment as well as the University’s procedures and options available for addressing situations of concern. A list of current Harassment Advisors and contact information can be found here
II. When to Use this Policy
A. Complaints Against Students
This policy applies only in those instances when a student has been subject to sexual harassment or misconduct by another student. This policy also applies where a prospective student or other visitor to the campus (e.g., a guest of another student, an alumnus or alumna, or a member of a visiting team) complains of a Colgate student’s behavior.If a faculty or staff member wishes to bring a complaint against a student, they should do so according to the University’s Equal Opportunity, Non-discrimination, Sexual Harassment and Other Forms of Harassment Policy.
If a student is a victim of sexual misconduct or harassment by someone other than another student, then this policy does not apply, and the student should do the following:
• Complaints Against Faculty or Staff
If a student wishes to bring forward a complaint of sexual misconduct or sexual harassment against a faculty or staff member, the policy that applies in those situations is the University’s Equal Opportunity, Non-discrimination, Sexual Harassment and Other Forms of Harassment Policy. The student should follow the procedures outlined in that policy.
• Complaints Against Visitors or Non-Community Members
If a student wishes to bring forward a complaint of sexual misconduct or sexual harassment against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another university’s team, a local resident), the complaint should be made to Campus Safety at x 7333 or www.colgate.edu/campussafety Visitors accused of sexual misconduct or sexual harassment are not entitled to a hearing of any kind. Campus Safety will investigate complaints against visitors, and the University will determine the appropriate action to be taken.
B. On Campus and Off-Campus Behavior
This policy applies to conduct that occurs on any part of Colgate’s campus or property. It also applies when students travel off-campus as part of a University activity, team, organization or event. Additionally, Colgate has the discretion to discipline student behavior that occurs off-campus, in the village, and/or during a time when the University is not in session. In making these determinations, the Disciplinary Officer considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student in an off-campus apartment or overseas during a semester abroad, or if a student sends another student lewd and threatening sexual emails while at home during the semester break). In understanding this aspect of Colgate’s expectations for student behavior, it may be helpful to think of student status as “portable” and therefore operative even when students are not on Colgate’s campus or property.
C. Timeframe for Making a Complaint
While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, students are encouraged to make a complaint as soon as possible after the incident has occurred. Although not an ideal situation given the passage of time, a former student may make a complaint against a current student. However, the reverse is not true: the complaint of a current student against a former student is not subject to adjudication pursuant to this policy. Nevertheless, Colgate officials will help the complaining student to report the allegations to the appropriate off-campus authorities.
III. Definition of Sexual Misconduct
State law defines various violent or non-consensual sexual acts as crimes. Additionally, Colgate has defined categories of sexual misconduct, as stated below, for which University disciplinary action may be imposed. Generally speaking, Colgate considers Sexual Misconduct I violations to be the most serious, and therefore imposes the most severe sanctions, up to and including suspension or expulsion. However, Colgate reserves the right to impose any level of discipline, up to and including suspension or expulsion, for any act of Sexual Misconduct (I or II) or Sexual Exploitation, based on the facts and circumstances of the particular case.
Acts of sexual misconduct may be committed by men against women, women against men, men against men, and women against women. The issue in any case is not the gender of the persons involved but the acts.
A. Sexual Misconduct I
Sexual Misconduct I refers to any sexual penetration (anal, oral or vaginal), however slight, with any object, or sexual intercourse by a man or woman upon a man or woman without effective consent. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
B. Sexual Misconduct II
Sexual Misconduct II refers to any intentional sexual touching, however slight, with any object by a man or woman upon a man or woman without effective consent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Sexual Misconduct II also includes any disrobing of another or exposure to another by a man or woman without effective consent.
C. Sexual Exploitation
Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Misconduct I or II. Examples of sexual exploitation include, but are not limited to:
• Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed).
• Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
• Prostitution (such as selling or exchanging for money or something else of value or benefit sexual acts).
Sexual Exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or effective consent.
D. Consent
Consent is permission, freely given by word or action, by all participants to an activity. Since individuals may experience the same interaction in different ways, it is the responsibility of all parties to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be an expression in words or actions that the other individual consented to that particular sexual conduct.
A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or drugs. A student who engages in sexual activity when the student knows, or should know, that the other person is physically or mentally incompetent has violated this policy. It is not an excuse that the student accused of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
In New York State, a minor (meaning a person under the age of 17 years) cannot consent to sexual activity. This means that sexual contact with a person less than 17 years old is a crime as well as a violation of this policy even if the minor wanted to engage in the sexual act.
IV. Definition of Sexual Harassment
Federal and state laws prohibit sexual harassment. These laws include Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 and the New York State Human Rights Law. This policy prohibits conduct that would violate these laws. However, as a supportive and collegial community, Colgate also prohibits student behavior that sexually demeans or humiliates other community members as described below, even if the conduct does not violate the law.
In assessing a disciplinary penalty, the seriousness of the sexual harassment incident will be evaluated. Although relatively minor incidents usually result in lesser forms of disciplinary action, Colgate reserves the right to impose any level of discipline, up to and including suspension or expulsion, for any act of sexual harassment, based on the facts and circumstances of the particular case.
Acts of sexual harassment may be committed by men against women, women against men, men against men, and women against women. The issue in any case is not the gender of the persons involved but the acts.
A. Sexual Harassment
Sexual harassment refers to unwelcome sexual or gender-based conduct that unreasonably interferes with an individual’s ability to work, learn or participate in the University’s programs or creates an environment that is hostile, offensive, intimidating or humiliating based on the individual’s sex or gender. Harassment of this type is usually referred to as a “sexually hostile environment.” Harassing conduct can occur in various forms, including:
• Verbal - such as vulgar or lewd statements, gender-based name-calling, sexually suggestive or graphic comments, or comments that demean a person because of his or her gender.
• Physical - such as unwanted rubbing of a person’s back, neck, buttocks or thighs, pinching, sexual gestures, or sexual intimidation through physical means.
• Visual - such as exposing another person to unwanted pornographic magazines or videos, or displaying suggestive or lewd pictures.
• Communication-based - such as sexually graphic, threatening or vulgar phone calls, email, text messages, chats or blogs.
• Or any combination of these.
A determination as to whether harassment occurred depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying. For purposes of federal and state law, harassment has occurred if a reasonable person would have found the behavior offensive and his or her living, learning or working environment would be impaired as a result of the conduct. However, Colgate reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of harassment as defined by federal or state law.
Colgate also prohibits “quid pro quo” harassment. “Quid pro quo” (or “this for that”) harassment occurs when a person in a position of authority or control links the receipt of some benefit (such as the ability to join a group or participate in a program.) to another’s submission to unwelcome sexual advances or sexual conduct or requires the other to perform or submit to demeaning or degrading sex or sexually-charged acts. “Quid pro quo” harassment can be expressly stated, but it also can be implied by words, actions or the surrounding circumstances. Examples of “quid pro quo” harassment include:
• The leader of a student organization permits a student to join the group only if the other student allows the leader to watch the student engaged in a sexual act.
• A student in a position of authority disciplines or fires another student who refuses sexual advances or ends a romance.
B. Stalking
Stalking refers to a person’s deliberate and repeated following, observing, contacting or communicating with another person when the other has not consented to the activity. Stalking can be a form a sexual harassment when the person stalked is made to feel sexually uncomfortable or vulnerable as a result of the activity. Stalking includes, but is not limited to, repeatedly engaging in contact, face-to-face communication, telephone calls or messages, text messages, emails, letters, the giving of unwanted gifts, threatening or obscene gestures, surveillance, following, trespassing or vandalism.
C. Identifying Harassment in our Community
Colgate is a vibrant academic environment that encourages discussion of competing ideas both inside and outside the classroom and in both formal and informal settings. Some topics may make a person uncomfortable or take a student outside his or her comfort zone. This policy is not intended to ban debate over socially controversial or potentially offensive ideas or issues. Rather, it is intended to protect individuals from being targeted for offensive, humiliating or intimidating sexual or gender-based conduct.
As an example of this distinction, this policy would not prohibit civil and respectful debate in a social sciences class as to whether women should be afforded the same legal rights as men even if some women disagreed with others’ views and were offended by statements made. Similarly, this policy would not prohibit controversial figures from speaking on campus even if the individual’s viewpoint or speech were offensive to some, nor would this policy prohibit artistic freedom of expression. However, this policy would prohibit a student from yelling obscenities at women as they passed his dorm window. Likewise, this policy prohibits one student from using sexually demeaning language to refer to another student.
V. Definition of Retaliation
Students have the right to report sexual harassment and sexual misconduct without fear of retaliation. Retaliation includes threats, intimidation, or reprisals. For example, it would be retaliatory to intimidate a witness or to shun a person from a student organization in retribution for the person’s having made a complaint of sexual harassment or sexual misconduct.
Colgate strictly prohibits retaliation by any student against a person who makes a report or sexual harassment or sexual misconduct, assists someone with a report, or participates in any aspect of the investigation or resolution of a report.
Acts of retaliation by students are subject to the standard disciplinary procedure set forth in the System of University Standards and Student Conduct and, in certain cases, may result in suspension. Acts of retaliation by other members of the community, such as faculty or staff, are subject to sanction as set forth in the University’s Equal Opportunity, Non-discrimination, Sexual Harassment and Other Forms of Harassment Policy.
VI. Confidentiality
Colgate understands that a student who has been the victim of sexual misconduct or sexual harassment may wish to talk about the incident with the assurance that the discussion will be confidential. There are several support resources that students may utilize on a confidential basis. These include Counseling & Psychological Services, the Office of the Chaplains, and University Health Services. Students are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources does not result in a complaint being filed with the University or result in action being taken by the University to respond to the incident. A student who wants emotional support only should contact the confidential counseling resources listed above. A student wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described below.
The University endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct or sexual harassment concern. However, students should understand that Colgate may have ethical and legal obligations to investigate, attempt to resolve or adjudicate incidents of sexual misconduct or sexual harassment that come to its attention. Therefore, depending on the circumstances, it may not be possible for a conversation with Campus Safety personnel, the University Harassment Officer, or other administrators to be kept in confidence always or, said another way, for these individuals simply to listen without taking action.
VII. Reporting Procedures & The Complaint Process
A student who feels that he or she has been the victim of sexual harassment or sexual misconduct may consult a Harassment Advisor. Harassment Advisors do not make a determination as to the nature of the incident being reported, but can present the various options available to the student.
A. On-line Reports
One option for reporting incidents of sexual misconduct or sexual harassment is through Colgate’s on-line report form. This can be submitted anonymously. The reporting form can be accessed here.
Anonymous reports that provide specific information may lead to at least a preliminary investigation. Due to the nature of anonymous reporting, however, it may not be possible to investigate, resolve or adjudicate reports of sexual misconduct or sexual harassment made by means of the on-line reporting process.
B. Filing a Complaint
A student who wishes to make a complaint alleging that he or she has experienced sexual misconduct or sexual harassment should contact either the University Harassment Officer Lyn Rugg x7288 or Campus Safety x7333 or www.colgate.edu/campussafety. The individual who receives the complaint will review with the complaining student the options available to address the incident.
The University offers both informal and formal resolution options. Generally, the University seeks to follow the complaining party’s wishes as to which procedure to pursue. However, there may be situations in which, due to the nature of the allegations, informal resolution is inappropriate. This decision will be based on factors such as the egregiousness of the allegations (e.g., complaints alleging a violent sexual assault or a “gang rape”), whether the accused student is a repeat offender, or whether there is otherwise reason to believe that the safety or interests of the campus community demand adjudication. In those instances, the University will apply the formal procedure only.
C. Informal Resolution Procedures
Informal procedures are designed to assist the parties to reach a mutually agreeable resolution. An individual wishing to employ informal procedures in the resolution of a complaint will meet with the Disciplinary Officer, who explain the process and options available to the student.
(i) Mediation
Mediation sessions will be held only if the complaining party and the accused party both agree to mediate and if the Disciplinary Officer determines that mediation is appropriate under the circumstances. The Disciplinary Officer will act as mediator or will designate another person to act as mediator. The goal of mediation is to facilitate the parties’ discussions with each other such that a mutually acceptable resolution can be reached. At any point in the process or if no mutual resolution is reached, the complaining party may move the complaint to the formal adjudication process described below.
(ii) Contractual Agreement
In certain situations, a formal understanding is reached between the parties. This agreement is formalized in writing and is subject to approval by the Disciplinary Officer or his or her designee. The terms may include a pledge that the parties will have no further contact with each other, known as a “No Contact Agreement.” Once a student has signed a contractual agreement, it may not be revoked, and the terms may not be appealed. A student’s failure to adhere to any term of the agreement may result in referral to the Disciplinary Officer for an Administrative or Conduct Board hearing as described in the System of University Standards and Student Conduct.
D. Formal Adjudication Procedure
Formal procedures are designed to determine the merits of the allegations through adjudication and, where appropriate, to determine a disciplinary consequence for the accused student.
(i) Formal Statement
An individual wishing to have a complaint formally adjudicated will be asked to submit a written statement of complaint to the University Harassment Officer, or to Campus Safety, who will forward the statement to the Disciplinary Officer. The Disciplinary Officer will meet with the complaining student and explain the process.
(ii) Investigation
The Disciplinary Officer will meet with the parties separately and provide each party with the opportunity to be heard. The Disciplinary Officer may also speak to witnesses or others with relevant information. At any point, the Disciplinary Officer may refer the matter to Campus Safety for further investigation, and the Disciplinary Officer may rely on that investigation.
The University may proceed with an investigation and/or formal adjudication whenever the Disciplinary Officer determines this to be appropriate. This includes situations in which the complainant has not filed a written statement of complaint but the Disciplinary Officer nevertheless has notice of the incident (for example, through the on-line report process) and determines that investigation and/or adjudication is warranted.
(iii) Possible Outcomes of the Complaint Process
1. If the Disciplinary Officer finds that further adjudication is not warranted, the Disciplinary Officer will consult with the Dean of the College. If the Dean concurs, the complaint will be dismissed. This decision is not subject to formal appeal, but the complainant may request the Dean of the College to reconsider.
2. If the Disciplinary Officer believes further adjudication is warranted, the Disiciplinary Officer will consultwith the Dean of the College. If the Dean concurs, one of the following will occur:
o An Administrative Hearing held by the Disciplinary Officer with the accused to determine appropriate consequences for the inappropriate behavior; or
o A University Student Conduct Board Sexual Harassment/Sexual Misconduct Hearing.
Both the Administrative Hearing and the Student Conduct Board Hearing will be held in accordance with the University’s hearing procedures, which are outlined in the System of University Standards and Student Conduct.
All sanctions defined in the University Student Conduct Board are available. In the most serious cases, if the student is found to be responsible, the usual sanction is suspension or expulsion.
(iv) Appeal Process
The appeal process is the same as that for a University Standards Hearing and is described in the System of University Standards and Student Conduct.
At any point, the Disciplinary Officer or any other official referred to in this policy may designate his or her authority to another, more appropriate person. Further, the Disciplinary Officer may determine that a particular complaint or situation is best addressed pursuant to another of the University’s policies. In those cases, the matter will be handled pursuant to the policy the Disciplinary Officer, in consultation with the Dean of the College,determines is most appropriate.
E. Concerns about the Implementation of this Policy
The University appoints a Title IX Enforcement Officer to oversee all aspects of the University’s Title IX compliance efforts. An individual who believes that any aspect of this policy has not been properly followed should contact the Title IX Enforcement Officer, included on this list.
VIII. Statement of Student Rights
A. A Student Who Reports Sexual Misconduct or Sexual Harassment is entitled:
• To be treated with respect by University officials.
• To take advantage of campus support resources (Counseling & Psychological Services, the Office of the Chaplains, and University Health Services).
• To experience a safe living and educational environment. Students should consult with their administrative advisor.
• To have an advisor present during a Sexual Misconduct or Sexual Harassment hearing in accordance with the System of University Standards and Student Conduct.
• To have irrelevant prior sexual history disallowed in a Sexual Misconduct or Sexual Harassment Hearing.
• To refuse to have an allegation of sexual misconduct resolved through informal resolution procedures.
• To not be prosecuted for minor misconduct that is ancillary to the sexual harassment and/or sexual misconduct incident.
• To be free from retaliation.
B. A Student Accused of Sexual Misconduct or Sexual Harassment is entitled:
• To be treated with respect by University officials.
• To take advantage of campus support resources (Counseling & Psychological Services, the Office of the Chaplains, and University Health Services).
• To have an advisor during a Sexual Misconduct or Sexual Harassment hearing in accordance with the System of University Standards and Student Conduct.
• To have irrelevant prior sexual history disallowed in a Sexual Misconduct or Sexual Harassment Hearing.
• To refuse to have an allegation of sexual misconduct resolved through informal resolution procedures.
• To be heard in accordance with the System of University Standards and Student Conduct.