Policies Against Sexual Misconduct

1. Policy Against Sexual Assault

1. Policy Statement

   Carleton College will not tolerate sexual assault or sexual violence in any form, including non-stranger rape. When sexual assault or sexual violence occurs at Carleton, the standards of the community, as well as the criminal laws of the state of Minnesota, are violated. The goal of this policy is to create a community free of sexual assault.

   Sexual assault committed in connection with any College program, whether on or off campus, is prohibited and will not be tolerated. This applies to academic, educational, extra-curricular, athletic, residential, work place, and other College activities and programs.

   Carleton College urges people who believe they have been victims of sexual assault to pursue criminal charges against the person or persons they believe to have committed the sexual assault. Victims are also urged to make a Complaint to the College. A criminal charge and an internal Complaint can be pursued at the same time. Retaliation against anyone involved in the Complaint process or anyone who pursues legal action—including the Complainant, the Respondent, or anyone participating in the investigation—is prohibited and will not be tolerated.

   Students, faculty members and staff members should understand that apparently consensual sexual relationships, particularly those between individuals of unequal status, may be or become a violation of this policy. Anyone who engages in a sexual relationship with a person over whom he or she has any degree of power or authority must understand that the validity of the consent involved can and may be questioned. The College particularly abhors the abuse potentially inherent in sexual relationships between faculty members and students, and between staff supervisors and their student employees. (See “Statement on Consensual Relations,” Carleton College Faculty Handbook and Staff Handbook.)

2. Definition of Sexual Assault

   Sexual assault is intentional sexual contact with another person without that person's Consent (See definitions). Consent exists when a person freely and knowingly agrees at the time to participate in a particular sexual act with a particular person. Consent is not effective, for example, when force, threat or coercion is used. Consent is not effective when sexual contact is with a person who is unable to say no or otherwise resist because of the use of alcohol or drugs or because he or she is asleep or unconscious.

   Incapacitated Sex: To have sex withsomeone who you know to be, or should know to be incapable of making a rational, reasonable decision due to his or her consumption of substances, in other words, unable to give effective consent, is a violation of policy. If you choose to drink alcoho lor use other drugs, you run the risk of impaired thinking and communication which may result in inappropriate choices about sex.

   The initiator of sexual contact will be found in violation of this policy if it is determined that he or she knew or should have known that the other person could not give effective consent as defined by the policy. Being intoxicated or under th influence of any substance at the time of sexual contact is never an excuse for violation of this policy.

   Sexual contact includes but is not limited to: sexual intercourse, penetration of an orifice (anal, oral or vaginal) with the penis, finger or other object in a sexual manner, intentional touching of the genitals, buttocks or breasts, or coercion to force someone else to touch one's genitals, buttocks or breasts. Sexual contact can occur over clothing.

   Sexual assault can be committed by a man or a woman against a person of the same or opposite sex. Sexual assault can be committed by current or former lovers, friends or acquaintances. Conduct that constitutes criminal sexual conduct under Minnesota law violates this policy.

2. Policy Against Sexual Harassment

1. Policy Statement

   Carleton College will not tolerate sexual harassment in any form. When sexual harassment occurs at Carleton, the standards of the community are violated. The goal of this policy is to create a community free of sexual harassment.

   Sexual harassment committed in connection with any College program, on or off campus, is prohibited and will not be tolerated. This applies to academic, educational, extra-curricular, athletic, residential, work place, and other College activities and programs.

   A violation of the Carleton College Sexual Harassment Policy may be a violation of state and federal law. Therefore, individuals who feel they have been sexually harassed may have the right to bring legal action, in addition to making a Complaint to the College. Legal action and an internal Complaint can be pursued at the same time. Retaliation against anyone involved in the Complaint process or anyone who pursues legal action—including the Complainant, the Respondent, or anyone participating in the investigation—is prohibited and will not be tolerated.

   Students, faculty members and staff members must understand that apparently consensual sexual relationships, particularly those between individuals of unequal status, may be or become a violation of this policy. Anyone who engages in a sexual relationship with a person over whom he or she has any degree of power or authority must understand that the validity of the Consent involved can and may be questioned. The College particularly abhors the abuse potentially inherent in sexual relationships between faculty members and students, and between staff supervisors and their student employees. (See “Statement on Consensual Relations,” Carleton College Faculty Handbook and Staff Handbook.)

   The essential importance of academic freedom is recognized and a standard of reasonableness will guide the College. Only when academic freedom is used to disguise sexual harassment, or as the vehicle for prohibited conduct will it be questioned. Carleton College believes that ideas, creativity, and free expression thrive—and indeed can only exist for students, faculty and staff—in an atmosphere free of sexual harassment or coercion.

2. Definition of Sexual Harassment

   Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:

   1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment or education; or
   2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
   3. That conduct or communication has the purpose or effect of substantially interfering with an individual's employment or education, or of creating an intimidating, hostile, or offensive employment or educational environment.
   4. For purposes of this definition, communication may be oral, written or electronically transmitted.

   Sexual harassment can be committed by a man, a woman, or a group of people against a person or persons of the same or opposite sex. Sexual harassment can be committed by friends, acquaintances, classmates, supervisors, co-workers, faculty members, and/or any other person. Acts of sexual harassment may or may not be directed at a specific person. The use of alcohol or drugs by any party will not diminish the responsibility for sexual harassment under this policy.

3. Policy Against Sexually Inappropriate Conduct

1. Policy Statement

   Carleton College will not tolerate sexually inappropriate conduct in any form. When sexually inappropriate conduct occurs at Carleton, the standards of the community are violated. The goal of this policy is to create a community free of sexually inappropriate conduct.

   Sexually inappropriate conduct committed in connection with any College program, whether on or off campus, is prohibited and will not be tolerated. This applies to academic, educational, extra-curricular, athletic, residential, work place and other College activities and programs.

   Individuals who feel they have been the victims of sexually inappropriate conduct have the right to make a Complaint to the College. Retaliation against anyone involved in the Complaint process or anyone who pursues legal action—including the Complainant, the Respondent, or anyone participating in the investigation—is prohibited and will not be tolerated

2. Definition of Sexually Inappropriate Conduct

   Sexually inappropriate conduct includes unwelcome sexual conduct that may not rise to the level of sexual harassment, but is still sexual in nature. Sexually inappropriate conduct may include, but is not limited to, crude, obscene, or sexually offensive gestures, or unwelcome sexual comments or communication. For purposes of this definition, communication may be oral, written or electronically transmitted.

   Sexually inappropriate conduct can be committed by a man, woman, or a group of individuals against a person or person(s) of the same or opposite sex. Sexually inappropriate conduct may or may not be directed at a specific person in order for a violation to occur. The use of alcohol or drugs by any party will not diminish responsibility for sexually inappropriate conduct under this policy.

4. Support Services

   1. Sexual Assault. Individuals who have been sexually assaulted should seek immediate medical, emotional or other assistance. Assistance is available by calling 911, the Northfield Police (645-4475), the Department of Security Services (x4444), or the Northfield Hospital (646-1101).

   Sexual assault is a criminal offense as well as a violation of College policy. Individuals who are sexually assaulted are urged to contact the police and to preserve any evidence that may be necessary for proving criminal sexual assault. If a student, faculty member or staff member is criminally charged with sexual assault, whether or not the sexual assault is committed against another student, faculty member or staff member, or on property owned or rented by Carleton, the President or his or her designee will take immediate action, which may include suspension of the individual so charged.

   In the case of sexual assault, College authorities will also inform the Complainant/Respondent of the options of criminal prosecution and medical assistance as well as their rights under the crime victims bill of rights, including the right to assistance from the Minnesota State Crime Victims’ Reparation Board and the Minnesota State Office of the Crime Victim Ombudsman. In addition, College authorities will notify the Northfield Police of the sexual assault at the request of the victim and will provide assistance in notifying any other law enforcement authorities or in preserving materials which are relevant to the internal Complaint process. College authorities will also, at the direction of the law enforcement authorities, provide assistance in obtaining, securing and maintaining evidence for criminal prosecution.

   In the case where the victim is a minor (anyone under eighteen years of age), confidential resources may be required by Minnesota law to report suspected or threatened sexual assault (but not sexual harassment or sexually inappropriate conduct) to the Northfield Police. These are limited circumstances, and include sexual assault by a person responsible for the minor or in a position of authority (such as a parent, guardian, teacher, school administrator, counselor or coach) and any situation involving prostitution.

   2. Sexual Misconduct, All forms of. Students who feel they have been the victim of any form of sexual misconduct may wish to seek confidential counseling or support from members of the Wellness Center (x4080): staff psychologists, nurse practitioners, or the Chaplain (x4003). These are all confidential sources (Confidential Sources). Faculty members and staff members may seek such support from the College Chaplain (x4003) or the Employee Assistance Program (800-554-6931 or 612-943-9800). Assistance is also available from the 24 hour crisis and information Hope Center (Rice County help line) 800-607-2330, including referrals to sexual assault counselors. Support is also available through CAASHA (Campus Advocates Against Sexual Harassment & Assault). CAASHA consists of peers trained to respond to sexual misconduct.

   Students who feel they may have committed sexual misconduct may seek confidential counseling from the staff in the Wellness Center (x4080) or the Chaplain (x4003). Faculty members or staff members who feel they may have committed sexual misconduct may seek confidential counseling from the Chaplain (x4003).

   The College Authorities responding to a Complaint of sexual misconduct will inform the Complainant and Respondent about the internal Complaint process and confidential resources. In addition, Complainants and Respondents may request special accommodations during the Complaint process. Students make these requests to the Office of the Dean of Students; staff members make these requests to human resources; faculty members make requests to the Dean of the College Office. The Office of the Dean of Students or Security can provide assistance with concerns about safety.

   Faculty and staff members are required to promptly report all suspected or alleged incidents of sexual misconduct to a College official.

   When it appears that the safety or security of any student, staff member or faculty member may be jeopardized, the president or his or her designee will take such action as is necessary, in his or her judgment, to insure safety.

5. Internal Complaint Process

   Complaints of sexual misconduct may be made by students, faculty members or staff members to the Consultant, the president, a vice president, a dean, a department chair, a department head, or a supervisor. Complaints may also be made to the Department of Security Services. If a Complaint is made to anyone else, the Complainant risks the possibility that it will not come to the attention of the appropriate authorities and may, therefore, not be acted upon

   In the case of sexual assault where the assault is recent or in progress, the Complaint of sexual assault to the Department of Security Services will be reported by the Security Department to the Northfield Police Department. The victim's name will be released to the police only with the consent of the victim.

   Complaints of sexual misconduct will be investigated promptly. If the Respondent is a faculty or staff member, the Consultant conducts the Investigation. If the Respondent is a student, a designee from the Office of the Dean of Students conducts the Investigation.

   The Investigator prepares a written fact-finding report in consultation with the responsible College Authority. This report is a summary of the information gathered during the investigative process. The Adjudicator reviews the fact-finding report and may conduct additional fact-finding. The Adjudicator then determines whether a violation of one of the three sexual misconduct policies has occurred. In the case of a violation, the Adjudicator determines appropriate disciplinary action. The Complainant is informed verbally of the College's determination. The Respondent is informed verbally and in writing of the College’s determination.

   A Complaint of sexual misconduct will be resolved by:

   (a) a determination that a sexual misconduct policy has been violated and imposition of appropriate disciplinary action; (b) a determination that there was no violation of a sexual misconduct policy and dismissal of the Complaint; or (c) dismissal of the Complaint because of insufficient information to determine whether or not a sexual misconduct policy was violated or to identify the person(s) whose conduct is at issue. In the case of a Complaint of sexual harassment or sexually inappropriate conduct (but not sexual assault), the Complaint may also be resolved by an informal resolution, the terms of which are agreed to by the Complainant, the, and the Adjudicator. Such informal resolutions will be permitted only in appropriate circumstances consistent with the College's commitment to enforcing the prohibition against sexual harassment and sexually inappropriate conduct.

   In all cases where the Investigation indicates that a violation of a sexual misconduct policy has occurred, the College will take prompt and appropriate disciplinary action. In the case of a student, "appropriate disciplinary action” may include (but is not limited to) counseling, chemical dependency evaluation, a warning, censure, probation, suspension or expulsion. In the case of a staff or faculty member, “appropriate disciplinary action” may include (but is not limited to) counseling, chemical dependency evaluation, a warning, suspension, or termination of employment.

1. Complaints Against Students

   Student Complainants and Respondents have the right to seek a review of the decision imposed by the adjudicator by the Sexual Misconduct Review Board ("SMRB"). The original decision remains in place until the review is completed.

   Composition: The SMRB must include at least one male and one female, including one student, appointed by the president; one faculty member appointed by the Faculty Affairs Committee ‘FAC’; and one staff member, appointed by the president. The Hearing Officer, a faculty member appointed by the president, serves as the non-voting presiding officer of the SMRB. Alternates: One hearing officer, two students, two faculty members, and two staff members, including one male and one female in each category (appointed as above.)

   Procedures for the SMRB may be found in the Student Handbook at: http://webapps.acs.carleton.edu/campus/dos/handbook/ or may be obtained from the Office of the Dean of Students. Copies of the fact finding report and all relevant materials submitted in the original case will be provided to the members of the SMRB for use at the hearing.

   The Dean of Students or his or her designee in the Office of the Dean of Students is responsible for presenting charges to the SMRB. Under usual circumstances, the Complainant attends the hearing as a witness. The Complainant may request to submit written testimony in absentia. The Respondent must attend the hearing.

   Both the Complainant and Respondent may designate a support person of their own choosing. The support person may assist the Complainant or Respondent during the hearing process. The support person must be a member of the Carleton community, i.e. a student, faculty member, or staff member

   The SMRB affirms, modifies, or overturns the decision of the adjudicator. The decision of the SMRB is communicated to the Complainant and the Respondent in writing. Decisions of the SMRB are final.

6. Education and Training

   In an effort to prevent and eliminate sexual misconduct, the College will distribute these policies to and provide training for every student, staff member, and faculty member. Members of the SMRB receive training from the Consultant and other appropriate individuals about sexual misconduct. In addition, these policies will be reiterated at appropriate opportunities in classes, meetings, programs and publications.

   The Consultant, in collaboration with the Gender & Sexuality Center, is responsible for coordinating the education and training program for the College. In addition, the Sexual Harassment and Resource Education(SHARE) Committee will be formed each academic year to advise the College on matters relating to sexual misconduct. The Consultant and the Gender & Sexuality Center work with the SHARE Committee and other appropriate individuals to develop educational and preventive programs and activities. Appropriate resources and administrative support are provided for that purpose.

   Composition: The SHARE Committee consists of: two students, two faculty members, and two staff members (when possible, one exempt and one nonexempt staff member). These positions are appointed by the President of the College. Appointments are for two years. The Consultant and a member from the Gender & Sexuality Center are ex-officio members of the SHARE Committee. Members of SHARE receive appropriate training.

   The SHARE Committee receives reports from the Consultant regarding action taken in response to Complaints of sexual misconduct. The Consultant has primary responsibility for reporting such actions in general, non-identifying terms to students, faculty and staff at least once per term. The Consultant will meet regularly with the staff in the Wellness Center and Gender & Sexuality Center and the SHARE Committee so that the College's judicial and educational efforts are consistent and coordinated.

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   Adopted by the Board of Trustees June 18, 1992, upon recommendation of the College Council. Revised by College Council and approved by the Board of Trustees June 1995; Revisions approved by the Board of Trustees June 1996; June 1997; June 1998.

   Policies Against Sexual Misconduct adopted by the Executive Committee of the Board of Trustees June 21, 2001, upon the recommendation of the College Council.

   Revisions approved by the Executive Committee of the Board of Trustees, September 2002. Revisions approved by the Executive Committee of the Board of Trustees, June 2003, upon the recommendation of the College Council.

   Revisions approved by the Executive Committee of the Board of Trustees, June 17, 2004, upon the recommendation of the College Council.

   SHARE Committee reviewed and edited for clarification, the policy. No substantive changes were made, May 25, 2005.

   Revisions were reviewed and approved by College Council April 16, 2007. Approved by the Board of Trustees, May 21, 2007.

Adopted on June 17, 2004.