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Since Middlebury lacks full judicial authority, such as the power to subpoena or place witnesses under oath, an individual’s rights cannot be coextensive with or identical to the rights afforded in a civil or criminal legal proceeding.
The policies, procedures and information outlined herein supersede Middlebury's Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking dated January 3, 2018 and all previous Middlebury policies, procedures and information on the same topics. Middlebury’s process to address cases of alleged sexual misconduct, domestic and dating violence or misconduct, stalking and related retaliation is designed to: The parties will be provided procedural rights as outlined in this policy.
Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking (SMDVS)Effective August 17, 2018. However, where applicable law mandates different procedures or policies with respect to Middlebury programs outside of Vermont, those procedures or policies will apply.
In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, Middlebury includes the definitions of sexual assault, the definition of consent in reference to sexual activity, and the definitions of domestic violence, dating violence and stalking that are used by the criminal laws in applicable jurisdictions.
Factors to be considered in determining sanctions are listed in Section 10 (H), below.
Pursuing a Criminal Complaint, Involvement of Law Enforcement, and Obtaining a No Contact Order, No Trespass Notice, and Order of Protection8. It could also entail non-disciplinary measures such as No Contact Orders and/or No Trespass Orders, training, and providing safety and support services to complainants and affected parties, as appropriate.
is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent (as defined below) of the victim, including instances where the victim is incapable of giving consent because of their temporary or permanent mental incapacity.
is sexual intercourse with a person who is under the statutory age of consent in the applicable jurisdiction.