Skip Navigation

Community

Sexual Misconduct

The Policies Against Sexual Misconduct include the Policy Against Sexual Assault, the Policy Against Sexual Harassment and the Policy Against Sexually Inappropriate Conduct.  Each policy contains a definition of the conduct which is prohibited by that policy. The term "sexual misconduct" as used in these policies includes sexual assault, sexual harassment, and sexually inappropriate conduct. These policies are a community policy that affect all Carleton faculty, staff, and students.

Definitions

Consent: Consent means the mutual understanding of words or actions freely and actively given by two informed people, which a reasonable person would interpret as a willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical force, there is intimidation or coercion, or the recipient party is incapacitated, or if a person is under the influence of drugs or alcohol such that they lack necessary judgment to give consent to sexual activity. Silence or non-communication should never be interpreted as effective consent.

Sexual Contact: 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 Contact With An Incapacitated Person: Incapacitation is the physical and/or mental inability to make informed, rational judgments.  To have sexual contact with someone whom 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.

Sexual Exploitation:  Acts committed by a person for sexual gratification, financial gain and/or advancement, entertainment, or for any other reason that abuses or exploits the privacy of another person’s sexuality.  Examples may include but are not limited to: non-consensual recording of sexual activity or nudity, unauthorized presentation or distribution of said recordings in any form, allowing others to observe a sexual act without the knowledge or consent of the individuals involved, or prostituting another person.

 

 

  1. Policy Against Sexual Assault

    Policy Statement

    Carleton College prohibits 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 goals of this policy are to create a community free of sexual assault, to provide avenues for those affected by sexual misconduct to obtain assistance, and to provide a clear and fair complaint and investigation procedure.

    Sexual assault committed in connection with any College program, whether on or off campus, is prohibited. This applies to academic, educational, extra-curricular, athletic, residential, work place, and other College activities and programs.

    Carleton College strongly recommends that people who believe they have been victims of sexual assault 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 recognizes 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.)

    Definition of Sexual Assault

    Sexual assault is intentional sexual contact with another person without that person’s consent (see definitions of sexual contact and consent). 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 (see definition of incapacitated 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 this policy. Being intoxicated or under the influence of any substance at the time of sexual contact is never an excuse for violation of this policy.

    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.

  2. Policy Against Sexual Harassment

    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. 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 also 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.

    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 recognizes 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. A claim of academic freedom is not a defense to actions intended to harass or actions which would be understood to be harassing by a reasonable person. Carleton College believes that ideas, creativity, and free expression thrive—and indeed can only exist for students, faculty members, and staff members—in an atmosphere free of sexual harassment or coercion.

    Definition of Sexual Harassment

    Sexual harassment under this policy 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.

    For purposes of this definition, communication may be oral, written, or electronically transmitted.

    Stalking is a form of sexual harassment. Stalking may include persistent attempts to contact the person by phone, electronic communication, or regular mail; vandalizing the person’s property or leaving unwanted items for the person; and/or constantly appearing at the person’s classroom, residence, or workplace without permission.

    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

    Policy Statement

    Carleton College prohibits 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. 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.

    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. For example, conduct that may be considered to be sexually inappropriate conduct may be an isolated occurrence or not sufficiently serious to be considered sexual harassment under this policy. 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. Depending on the circumstances, this type of conduct can also be considered sexual harassment.

    Sexually inappropriate conduct can be committed by a man, woman, or a group of individuals against a person or persons 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.

    For further information please see the Sexual Misconduct Prevention and Response website: https://apps.carleton.edu/dos/sexual_misconduct/policies/

Keywords: Policy,Sexual Assault, Harassment, Inappropriate Conduct, Support Services, Complaint Processes, SHARE, CAASHA, S.H.A.R.E. Committee, SHARE Committee, education and training, support, confidential
Maintained by Dean of Students