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Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent.Examples of behavior that could constitute sexual exploitation include but are not limited to the following:: Middlebury’s prohibition of sexual exploitation is not intended to prohibit the use of sexually explicit materials that are reasonably related to Middlebury’s academic mission.Sexual misconduct may include sexual assault, sexual exploitation, or both.The definitions below are intended to provide clarity, and do not suggest that one behavior is more severe or violating than the other. 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.The criminal law definitions used in many of those jurisdictions are described in Appendix A for the sake of information only.However, Middlebury utilizes its own definitions of these prohibited behaviors for purposes of this policy that are consistent with the Clery Act, as amended effective 2014 (and expand upon the Clery act as noted above), and determines responsibility for violations of Middlebury policy through its own procedures and standards of proof (that is, by a preponderance of the evidence standard), not through the procedures or standards of proof employed in the criminal justice system.
is sexual intercourse with a person who is under the statutory age of consent in the applicable jurisdiction.
Complaint Investigation and Resolution Procedures(A) In General(B) Complaints Directed to the HRO or DTC (includes Rights of Complainants and Rights of Respondents)(C) Complaint Receipt and Review(D) Amnesty(E) Investigation Overview(F) Investigation(G) Determination(H) Sanction(I) Time Frames for the Investigation, Adjudication and Determination of Sanctions(J) Appeals(K) Disposition Without Adjudication11. Plans or Directives Issued by Middlebury Officials16. Such action could include discipline for employees such as written reprimands, salary freezes (faculty) or termination of employment, or discipline for students such as probationary status, a letter of official discipline, suspension or expulsion from any or all programs in which the student is enrolled or participating.
Emergency Withdrawal, Suspension, or Expulsion (Students)14. Training of Individuals Conducting Investigations and Adjudications15. Middlebury will take reasonable, prompt and appropriate action to respond to sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking and related retaliation where such conduct impacts or has the potential to impact the Middlebury program-based educational, residential, or employment environment of any member of the Middlebury community.
Sexual assault can be committed by any person against any other person, regardless of gender, gender identity, sexual orientation, or past or current relationship status.
Sexual assault may occur with or without physical resistance or violence.
Except as otherwise specified herein, this policy applies to faculty, staff and students, as well as to others who participate in Middlebury’s programs and activities (see Section 2, Definitions: Covered Third Parties, below), including the undergraduate college, the Language Schools, the School of the Environment, Midd Core, Bread Loaf School of English, Bread Loaf Writers’ Conference, Middlebury College Schools Abroad, the Middlebury Institute of International Studies at Monterey ("the Institute"), and all other Middlebury on- or off-campus programs.