Sexual Misconduct Policy: Additional Matters
Duty of Honesty. All Parties and witnesses are obligated to be completely honest during the course of the entire process set forth in the Sexual Misconduct Policy. Any person who knowingly makes a false statement – either explicitly or by omission – in connection with any part of the process may be subject to separate College disciplinary action.
Duty of Cooperation. All Parties and witnesses are obligated to cooperate with the Title IX Coordinator and any persons charged with implementing the Sexual Misconduct Policy. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under the Sexual Misconduct Policy may be subject to separate College disciplinary action.
Recording the Proceedings. The Parties are not permitted to make video, audio, or other electronic, photographic, or digital recordings of any meetings or proceedings held under the Sexual Misconduct Policy. The Title IX Coordinator may make exceptions to this prohibition in limited circumstances if he or she concludes, in his or her sole discretion, that a recording is warranted, and upon written request of the Party seeking the recording that explains the need for the recording.
Follow-up with Complainant. Where the Title IX Coordinator deems appropriate, he or she may contact the Complainant to provide an update on the process, the timing and extent of which will be determined by the Title IX Coordinator and depend upon the nature of the allegations and the situation.
Prohibition Against Retaliation. The College will not tolerate retaliation in any form against any persons for their participation or involvement in the reporting, investigation, and/or resolution of matters subject to the Sexual Misconduct Policy. The College will take appropriate steps to prevent and/or address retaliatory conduct immediately. The College includes retaliation in its definition of prohibited conduct under this Sexual Misconduct Policy, as well as the College’s general prohibition on retaliation.
Amnesty for Students Reporting Misconduct. The College encourages reporting under the Sexual Misconduct Policy and seeks to remove barriers to reporting. The College generally will not hold a student who reports conduct or is a witness during an investigation under the Sexual Misconduct Policy accountable for disciplinary violations of the College’s Community Standards prohibiting use of drugs or alcohol. Under limited circumstanc es, a person who reports conduct under the Sexual Misconduct Policy may be held accountable for his or her own misconduct if, in the College’s discretion, it is determined that the behavior placed the health and safety of any person at risk, or if it created a danger to the College community. The College retains the right to require students to attend counseling or drug/alcohol related courses even in circumstances in which disciplinary conduct will not be pursued under this part.
Special Situations. The College retains the right to determine, in its sole discretion, if it will address a report of conduct that falls under the Sexual Misconduct Policy administratively and outside of the process described herein when the safety of the College community is at risk, if the material facts are undisputed, if there are extenuating circumstances involving either of the Parties, or if the Title IX Coordinator, in consultation with appropriate administrators, determines it is in the best interest of the College and/or the community to do so.
Responsible Office. The Office of General Counsel & Compliance is the responsible office for updating and maintaining this policy.