Sexual Harassment & Sexual Misconduct Policy
Marlboro College strongly affirms the rights of its community members to live, study, and work in an environment free from sexual misconduct, sexual harassment, dating/domestic violence, and stalking.
Our community prohibits such misconduct and considers violations of this policy as opposed to our shared goals and values. Such misconduct will not be tolerated. It is our goal to provide timely, confidential, and informed assistance to community members requesting support as a result of such misconduct, through procedures consistent with Title IX and Clery Act regulations and state law. To achieve this goal, Marlboro will work to provide support through this policy, health services, and off-campus resources for community members.
If you fear for your safety, or immediately after an assault:
- First find a safe environment away from any person of concern (it need only be temporary). When possible, ask a trusted person to stay with you and assist you with getting help.
- Even if you are unsure initially whether you will want to pursue criminal charges, file a complaint with the College, or seek a protection order, it is important to preserve all possible evidence in case you decide at some point to do so. Therefore, refrain from changing clothes, showering or otherwise changing your physical state after an incident, until after you have consulted with medical personnel about how to best preserve evidence. Consult with College officials, law enforcement officers or health care professionals regarding your ability to have evidence collected by a Sexual Assault Nurse Examiner (“SANE”). Endeavor to preserve other evidence that may be relevant to a case of sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, such as text messages, email messages, other electronically stored information, and other physical evidence. To obtain immediate medical care or to contact the police, phone 911 for emergency services.
- OR contact the Women’s Freedom Center 24 Hour Hotline: 802-254-6954. They can help you secure immediate medical care, accompany you to the hospital if necessary, and explain your options for on and off campus support. This includes speaking with other confidential resources on campus, pursuing an informal or formal investigation within the college or involving local law enforcement. The Women’s Freedom Center serves all victims regardless of gender.
- OR on nights and weekends, page the Student Life Coordinator (SLC) at (877-730-6051) for a no questions asked ride to the hospital.
The majority of this policy was approved by the Board of Trustees in the form outlined below in March, 2015. Ministerial changes to the policy (for example, changes to contact information for individuals identified in the policy) have been made at the recommendation of the Title IX Compliance Committee. Changes to certain definitions have also been made in accordance with final regulations promulgated to implement changes to the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act by the Violence Against Women Reauthorization Act of 2013 (“VAWA”). This Policy has been reviewed and revised by the Title IX Coordinator, Dean of Students and Survivor Advocate and Title IX Policy Review Committee during the Spring 2018 term.
The Policy is overseen by the President and the Board of Trustees and therefore must go through one or more of these bodies for approval of substantive language changes. The Policy will be reviewed every three years by a task force comprising of the Dean of Students, the Title IX Coordinator, the Survivor Advocate, and three to five community members (ideally staff, faculty, and students), appointed by the Dean of Students in consultation with the President, Title IX Coordinator, and Survivor Advocate. The Title IX Coordinator’s Committee on Policy and Procedure will assist the Title IX Coordinator and others in making smaller edits as needed that do not affect the policy procedures overall, unless the edits were made to maintain compliance with federal and/or state law.
Marlboro College does not discriminate on the basis of sex in its education programs and activities, and Title IX of the Education Amendments Act of 1972, as amended (“Title IX”), as well as applicable state law, require that it not discriminate in such a manner. Prohibited sex discrimination includes sexual harassment and sexual misconduct as outlined in this Policy. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator (see below) or to the United States Department of Education Office for Civil Rights. The OCR Region I office’s contact information is: Office for Civil Rights, Boston Office, U.S. Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921; Telephone, 617-289-0111; facsimile, 617-289-0150.
Consent is a voluntary agreement to engage in a sexual act, actively given through words and/or actions. It is always the responsibility of the person initiating a specific action to make certain the other person or persons has given effective consent.
Consent is freely given: Consent is an ongoing conversation that necessitates open communication and should be given in the absence of pressure, coercion, or force. Each party must feel able to withdraw consent from any action at any time through words and/or actions.
Consent is informed: Each party must obtain consent through mutually understood comprehension of each act before it happens and continuously throughout the interaction.
Consent is sober and age appropriate: Consent cannot be given by someone who is incapacitated by drugs and/or alcohol; mentally incapacitated in that the person would not be reasonably able to understand the nature of the activity; and/or in circumstances where the person is not able to consent because of their age (see definition of statutory rape below).
Consent is not indefinite or unlimited: A person who has consented to one thing has not consented to all things. Furthermore, consent cannot be inferred from silence, a previous sexual relationship, a current sexual relationship, someone’s state of dress or their acceptance of dinner or an invitation for a date.
i. Advisor or Support Person
The Advisor or Support Person’s role is to provide support and advice to the complainant or respondent. The complainant and the respondent have the right to be accompanied at all stages of a proceeding conducted under this Policy and any related meetings by an Advisor or Support Person of their choice. This person can, but need not, be a member of the College Community. The role of the Advisor or Support Person is to advise and support, such as helping a party to prepare their statements and providing general support, or advising a party privately during a meeting or hearing, but not to advocate or speak for a party or address an investigator or decision-maker directly. The advisor or support person should not be a witness in the case. Any conflicts of interest will be reviewed by the Title IX Coordinator. The Title IX Coordinator will attempt to assist parties in identifying an appropriate Advisor or Support Person.
A complainant may be any member of the Marlboro College Community or covered third party who may have been subjected to conduct that violates this Policy. For purposes of this Policy, a complainant is usually a student, employee, or third party involved in some way in an academic, athletic, extracurricular or residential program of the College (“covered third party”). The College Community shall include students, faculty, staff, and their respective spouses, kitchen staff regularly assigned to Marlboro College, and trustees when participating in College-related activities.
In some cases (such as, for example, cases in which a student, employee, or covered third party involved in an alleged incident of sexual harassment, sexual misconduct, dating violence, domestic violence or stalking does not wish to participate in the process but the College decides that the alleged misconduct needs to be investigated and addressed), the College may move forward with an investigation and/or related disciplinary proceedings without a designated complainant. In such cases, the College may extend the full rights of a complainant as defined in this Policy to affected parties as deemed appropriate by the College. For ease of reference and consistency, the term “complainant” is used hereafter in this Policy to refer to a person who believes that they have been subjected to sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, or who is believed by another to have been subjected to such conduct, even if that person does not wish to participate personally in a disciplinary proceeding or investigation.
iii. Responsible Employee
A “responsible employee” is a College employee who has the authority to address sexual harassment, sexual misconduct, dating/domestic violence, stalking, and retaliation, who has a duty to report related incidents to the Title IX Coordinator or other College officials, or who a student could reasonably believe has this authority or duty. At Marlboro College, all faculty and staff members, including Resident Advisors are considered Responsible Employees. Responsible employees are respectful of a complainant’s wishes to the extent appropriate and are discreet, but they are not able to guarantee confidentiality. General inquiries or questions about this Policy may remain private, and the College will strive to protect the privacy of individuals to the extent it can while maintaining its obligations to uphold relevant policies and regulations and/or to take reasonable steps to promote the safety of members of the College community. Otherwise, responsible employees will report relevant details (such as the name of the complainant and respondent, any witnesses, and other relevant facts, such as the date, time and specific location of the alleged incident) to the Title IX Coordinator or other College officials
If a complainant discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, faculty and staff. Responsible Employees are not confidential resources and cannot guarantee confidentiality to a reporting individual. The Title IX Coordinator will in most cases determine whether the College needs to perform an investigation and/or take some other action in cases where a complainant would prefer complete confidentiality. If for some reason the Title IX Coordinator is not able or is not the appropriate person to make such a determination, the determination will be made by an individual designated by the President.
If an individual who makes a report insists that their name or other identifiable information not be revealed and the College is able to respect that request, the individual must understand that the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent.
The College will protect the confidentiality of individuals allegedly subjected to sexual harassment, sexual misconduct, dating or domestic violence and/or stalking to the extent practicable in light of the need to do investigations and conduct disciplinary proceedings.
A respondent is any member of the Marlboro College Community who is reported to have engaged in conduct in violation of this Policy. The College Community shall include students, faculty, staff, and their respective spouses, kitchen staff regularly assigned to Marlboro College, and trustees when present.
v. Panel on Sexual Misconduct, Dating and Domestic Violence, Stalking and Retaliation
The Panel on Sexual Misconduct, Dating/Domestic Violence and Stalking (“Panel”) shall be composed of a pool of at least two faculty, two staff members, two graduate school personnel and two undergraduate students. The President or their designee may appoint additional Panel members to serve as substitutes or replacements. Each case shall be reviewed and determined by a Panel consisting of no fewer than three members. In cases handled through the formal complaint process described below, the Panel considers investigation reports and evidence collected in investigations, and deliberates and makes decisions on whether or not this Policy has been violated and recommendations about sanctions, as described below.
The staff and faculty members shall be appointed by the President or designee in consultation with the standing Panel, for an indefinite term. The President will consider gender diversity in making appointments. The two student Panel members shall be elected by Town Meeting for a one-year term. A student who is a complainant or a respondent may request that no students sit on the Panel. In such an instance, the Panel will be composed of the remaining staff and faculty members. With the assistance of the Survivor Advocate and the Dean of Students, the Title IX Coordinator will coordinate a comprehensive training and organization at the start of the academic year for the Panel. This training may include, but is not limited to, an in-depth review of this Policy, general information about sexual misconduct and a discussion and practice deliberation regarding a hypothetical case. The Title IX Coordinator may solicit a volunteer clerk for each Panel that hears a case.
More information about Panel-related procedures is provided in the Procedures section below.
vi. Survivor Advocate
The Survivor Advocate is a member of the staff whose responsibilities include providing first-responder support to those who may have been subject to a violation of the policy, which includes providing and referring to resources on and off campus, and advocating for, and/or advising complainants during institutional disciplinary processes. The Survivor Advocate will assist the Title IX Coordinator and the Dean of Students in educating and training staff, faculty, and students on issues of sexual misconduct and the policy overall. The Survivor Advocate may also be involved in staff and faculty training, and campus education on issues pertaining to sexual misconduct and the response of the College to reports of possible violations of the Policy and criminal acts.
The definitions of sexual assault, domestic and dating violence and stalking used in this policy are consistent with the Clery Act, as amended effective 2014. In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, the College 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 Vermont criminal laws. However, the College 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 determines responsibility for violations of College 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.
i. Sexual Misconduct
The College prohibits a broad range of inappropriate sexualized activity through this Policy, including sexual misconduct and sexual exploitation. The prohibitions of this Policy apply regardless of the sex, sexual orientation or gender identity of any involved individual. “Sexual misconduct” is a sexual act that takes place without effective consent of all parties involved, as defined in this policy. Sexual misconduct may include sexual assault, or sexual exploitation or both.
Students or employees may be prosecuted under Vermont criminal statutes, and subject to disciplinary action by the College. The College may choose to pursue disciplinary action while a criminal action is pending or even if criminal justice authorities choose not to prosecute.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute sexual misconduct under College policy as defined here. The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
a. Sexual assault may be either rape, fondling without consent, non-consensual sexual contact, incest, or statutory rape as defined in the Clery Act and below. Rape or sexual assault is non-consensual contact between persons, consisting of contact between the penis and the vulva, penis and the anus, the mouth and the penis, the mouth and the vulva or any intrusion however slight, by any part of a person’s body or any object into the genital or anal opening of another. Incest as defined in the Clery Act as “sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.” In Vermont, no person is permitted to marry their parent, grandparent, child, grandchild, sibling, sibling’s child, or parent’s sibling. “Statutory rape” is defined in the Clery Act as “[s]exual intercourse with a person who is under the statutory age of consent.” In Vermont, this means sexual contact with a person who is under the age of 16, unless such person is at least 15 years old and the other person is less than 19 years old, and the sexual contact was consensual. All of these forms of behavior are prohibited by this Policy.
b. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent (as defined in this Policy) of the victim, including instances where the victim is incapable of giving consent because of his/her temporary or permanent mental incapacity.
c. Non-consensual sexual contact is any intentional touching of a person’s breasts, buttocks, groin, genitals, or other intimate parts without consent. Touching may be over or under clothing and may include the respondent touching the complainant, the respondent making the complainant touch the respondent or another person, or the respondent making the complainant touch the complainant’s own body.
d. Sexual misconduct also includes sexual exploitation and voyeurism. “Sexual exploitation” or “voyeurism” occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include but are not limited to: prostituting another person; recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent; distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and, viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire. Sexual exploitation may occur regardless of whether sexual activity takes place.
ii. Dating and Domestic Violence
- Dating Violence is threats or actual sexual or physical abuse in a dating relationship.
- Domestic Violence is a crime of violence committed by former spouse, cohabiting partner, or someone with whom you share a child.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute dating and domestic violence as defined above. The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described in this Policy, and to seek the support of the College and/or external resources identified in this Policy.
“Stalking” is defined as engaging in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to:
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
For the purposes of this definition:
- Course of conduct means two or more acts, including, but not limited to, acts in which the alleged stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the person subjected to the stalking.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
When part of a pattern of behavior that falls within the definition of stalking described above, examples of stalking behaviors or activities may include, but are not limited to:
- Non-consensual communication, including face-to-face communication, telephone calls, voice messages, emails, text messages, written letters, gifts, or any other communications that are unwelcome.
- Use of online, electronic, or digital technologies in connection with such communication, including but not limited to:
- Posting of pictures or text in chat rooms or on websites;
- Sending unwanted/unsolicited e-mail or talk requests;
- Posting private or public messages on Internet sites, social networks, and/or school bulletin boards
- Installing spyware on a person’s computer;
- Using Global Positioning Systems (GPS) or similar technology to monitor a person.
- Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the person.
- Surveillance or other types of observation including staring or “peeping”
- Non-consensual touching
- Direct verbal or physical threats
- Gathering information about an individual from friends, family, or co-workers
- Accessing private information through unauthorized means
- Threats to harm self or others
- Using a third party or parties to accomplish any of the above.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute stalking as defined above. The College encourages individuals who believe that they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
iv. Sexual Harassment
It is a violation of this Policy of Marlboro College, and illegal under state and federal law, for any student, faculty, or staff to harass another student, faculty, staff, or visitor because of sex. Marlboro College is committed to providing a workplace and educational environment that is free from this unlawful conduct. Harassment need not be intentional; the effect and characteristics of the conduct determine whether the behavior constitutes sexual harassment.
Sexual harassment is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
- submission to that conduct is made either explicitly or implicitly a term or condition of employment or academic standing;
- submission to or rejection of such conduct by an individual is used as a component of the basis for employment or academic decisions affecting that individual; or
- the conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive working or academic environment.
Examples of sexual harassment include, but are not limited to the following, when such acts or behavior come within one of the above definitions:
- either explicitly or implicitly conditioning any term of employment (e.g., continued employment, wages, evaluation, advancement, assigned duties or shifts) or academic standing (e.g., admission, grades/evaluation, accessibility to classes/tutorials or plan work) on the provision of sexual favors;
- touching or grabbing any part of an individual’s body after that person has indicated, or it is known, that such physical conduct is unwelcome (conduct of this sort that may constitute fondling as defined above will primarily be investigated and addressed as fondling, but may be investigated and addressed as sexual harassment as well, as deemed appropriate by the College);
- continuing to ask an individual to socialize on or off duty when that individual has indicated they are not interested, including one who has been previously involved in a consensual relationship;
- displaying or transmitting sexually suggestive pictures, objects, cartoons or posters if it is known or should be known that the behavior is unwelcome;
- continuing to write sexually suggestive notes or letters if it is known or should be known that the individual does not welcome such behavior;
- referring to or calling an individual sexualized names if it is known or should be known that the person does not welcome such behavior;
- regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of an individual if it is known or should be known that the individual does not welcome such behavior;
- making derogatory or provoking remarks about or relating to an individual’s sex or sexual orientation;
- engaging in harassing acts or behavior directed against an individual on the basis of one’s perceived sex or sexual orientation;
- creating a hostile environment by pursuing harassing acts or behavior directed against a third person or persons;
- engaging in off-duty conduct which falls within the above definition and affects the work or academic environment.
It is helpful to an investigation if the employee, student, or faculty member keeps notes regarding events and the names of people that witnessed or were told of the harassment.
As a matter of Marlboro College policy, the College strictly prohibits conduct that would constitute sexual harassment as defined above. The College encourages complainants who believe they are being or have been subjected to such conduct, and others with knowledge of such conduct, to report the conduct to the College through the procedures described below, and to seek the support of the College and/or external resources identified in this Policy.
Retaliation against an individual for reporting, in good faith, sexual misconduct, dating violence, domestic/dating violence stalking, or sexual harassment, or for cooperating in the investigation or resolution of a complaint of such misconduct is prohibited by this Policy. Retaliation includes, but is not limited to, materially adverse acts that affect the educational or work environment of any individual involved in the complaint or the investigation such as, intimidation, reprisal, ostracism, action altering the person’s duties or assignments, work or academic environment because the individual reported the misconduct or cooperated in or supported a complaint or investigation or resolution of such misconduct. Any person who believes that they are subject to retaliation should follow the complaint resolution procedure.
Pursuant to Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s implementing regulations at 34 C.F.R. Part 106, the College’s Title IX Coordinator has primary responsibility for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in all the operations of the College, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.
Sexual misconduct against students and employees, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. The Title IX Coordinator oversees the College’s response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so the College can address issues that affect the wider school community. The College’s Title IX Coordinator also oversees, in collaboration with other College offices as necessary, the College’s response to reports and complaints of dating violence, domestic violence and stalking involving College students and employees.
The Title IX Coordinator is appointed by the President or their designee. The Title IX Coordinator is available to meet with students, employees or third parties regarding Title IX-related issues, such as issues related to the College’s compliance with Title IX, response to Title IX reports or complaints, related grievance procedures, relevant patterns of conduct, or related education and prevention programs. The contact information for the Marlboro College Title IX Coordinator is:
To accomplish the duties, subject to the exemption for confidential employees discussed below, the Title IX Coordinator must be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office or if the investigation will be conducted by another individual or office. All responsible employees (any faculty or staff members at Marlboro College including RAs) must promptly report to the Title IX Coordinator any complaint or suspected and/or alleged acts of sexual misconduct.
Any Marlboro College Community Member involved with issues covered by this policy may file a complaint with the College’s Title IX Coordinator concerning how a procedure was followed, violation of complainant or respondent legal rights, apparent conflicts of interest by Panel members, or other violation of policy or related concern that was not reviewed in an appeal process. Records of these complaints will be reviewed by the President and by the Chair of the Board of Trustees and the person making the complaint will be notified of any action taken in response. The College’s Title IX Compliance Committee (described below) will also review such complaints at least annually to assist the Title IX Coordinator and the College to identify, for example, whether policies, practices or procedures need to be changed in order to improve the College’s response to complaints of issues covered by this policy.
A student or employee should contact the Title IX Coordinator in order to:
- seek information or training about students’ or employees’ rights and courses of action available to resolve reports or complaints that involve potential sex discrimination, including sexual misconduct,
- file a complaint or make a report of sex discrimination, including sexual misconduct,
- notify the College of an incident or policy or procedure that may raise potential Title IX concerns,
- get information about available resources (including confidential resources) and support services relating to sex discrimination, including sexual misconduct,
- ask questions about the College’s policies and procedures related to sex discrimination, including sexual misconduct, and
- seek or provide information about any of these issues as they relate to dating violence, domestic violence or stalking involving College students or employees.
In the event that the incident, policy, or procedure about which the student or employee seeks to file a report or complaint creates the appearance of a conflict of interest with the Title IX Coordinator, students or employees may contact the President’s Office. The President or designee will appoint another person to handle the College’s related responsibilities, as appropriate. Also, the President or the Title IX Coordinator may designate another person, where necessary, to carry out some or all of the Title IX Coordinator’s duties where necessary in particular cases and/or at particular times. The Title IX Compliance Committee will also review and consider such reports and complaints at least annually, to facilitate its work and the College’s response to complaints covered by this policy, as described in more detail below.
Inquiries or complaints that involve potential violations of Title IX may also be referred to the U.S. Department of Education’s Office for Civil Rights, which can be reached at: https://wdcrobcolp01.ed.gov/cfapps/OCR/contactus.cfm or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice (DOJ): http://www.justice.gov/crt/complaint/#three.
A. Functions and Responsibilities of the Title IX Coordinator
The Title IX Coordinator’s functions and responsibilities include the following:
Training for Students, Faculty, and Staff
The Title IX Coordinator provides or facilitates ongoing training, consultation, and technical assistance on Title IX for all students, faculty and staff, including regular training for faculty and staff outlining their rights and obligations under Title IX, the appropriate response to reports of sexual misconduct, the obligation to report sexual misconduct to appropriate College officials, and the extent to which counselors and advocates may keep a report confidential, and regular training for students outlining their rights under Title IX. With regard to sexual misconduct, this training will include what constitutes sexual misconduct and when it creates a hostile environment, the definition of consent, reporting options (including reports to responsible employees, and confidential reporting to counselors or advocates), the grievance procedures used to process complaints, applicable disciplinary code provisions relating to sexual misconduct and the consequences of violating those provisions, the role of alcohol and drugs in sexual misconduct, the effects of trauma, strategies and skills for bystander intervention, the offices or individuals with whom students can speak confidentially, the offices or individuals who can provide support services, the employees who must report incidents to the Title IX Coordinator, and Title IX’s protections against retaliation.
The College will conduct adequate, reliable, and impartial investigations of reports and complaints of sexual misconduct. The Title IX Coordinator oversees many aspects of this response, including:
- determining whether the report or complaint alleges conduct that may, upon investigation, constitute prohibited sexual misconduct,
- appointing an investigator or investigators upon such determination,
- making certain that individual reports and complaints are handled properly and in a prompt and timely manner,
- informing all parties regarding the complaint process,
- confirming that all parties have been notified of decisions and of the right to, and procedures for, appeal,
- maintaining information and documentation related to the investigation in a secure manner, and
- monitoring compliance with timeframes specified in the complaint procedures.
The Title IX Coordinator, in consultation with other appropriate individuals as appropriate, evaluates requests for confidentiality by those who report or complain about sexual misconduct in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all students and employees.
The Title IX Coordinator’s Committee on Policy and Procedure will work with the Title IX Coordinator to identify and assess concerns or complaints about the College’s procedures and practices related to misconduct prohibited by this Policy. The Committee will also assist the Title IX Coordinator on intersecting concerns or issues around Community Conduct procedures or Community Court. The Committee will consist of two students, two faculty and two staff, who will be appointed to the Committee for one-year terms by the Dean of Students and Title IX Coordinator in consultation with Selectboard. The Committee will meet at the Title IX Coordinator’s request, on an “as needed basis.” In such circumstances where the Committee needs to meet and the Title IX Coordinator cannot attend, a proxy designated by the Title IX Coordinator will attend instead. The overall purpose of this Committee is to assist and support the efforts of the Title IX Coordinator and their team in their efforts to prevent and respond to sexual misconduct on Marlboro College’s campus.
Marlboro College is committed to the prevention of sexual harassment, sexual misconduct, dating violence, domestic violence and stalking, and expects community members to participate in regular workshops. Marlboro College follows the Department of Education guidelines on prevention of sexual assault prevention programming which are defined as follows:
Programs to prevent dating violence, domestic violence, sexual assault and stalking are defined as comprehensive, intentional and integrated programming, initiatives, strategies and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that are
- culturally relevant,
- inclusive of diverse communities and identities,
- responsive to community needs,
- informed by research or assessed for value, effectiveness or outcome.
The Title IX Coordinator, in consultation with the Survivor Advocate, will arrange for at least one prominently publicized educational training during each semester’s student orientation aimed at the prevention of sexual misconduct, sexual harassment, dating violence, domestic violence, and stalking. This training will take place when students will be present on campus and able to attend. This workshop will be conducted by the Title IX Coordinator, the Dean of Students, and the Survivor Advocate.
Community Assistance and Resources for Victims of Sexual Misconduct, Dating and Domestic Violence and/or Stalking
Marlboro College has also designated a Survivor Advocate as an on campus confidential resource. The Survivor Advocate’s contact information is:
Coordinator for Campus Prevention, Intervention, and Advocacy
Gander 2 Office # 802-258-9227
The Survivor Advocate  is a member of the staff whose responsibilities include providing first-responder support to those who may have been subject to a violation of the policy, which includes providing and referring to resources on and off campus, and advocating for, and/or advising complainants during institutional disciplinary processes. The Survivor Advocate will assist the Title IX Coordinator and the Dean of Students in educating and training staff, faculty, and students on issues of sexual misconduct and the policy overall. The Survivor Advocate may also be involved in staff and faculty training, and campus education on issues pertaining to sexual misconduct and the response of the College to reports of possible violations of the Policy and criminal acts. While the College will observe qualified confidentiality/privacy principles explained below as to communications involving the Survivor Advocate, the Survivor Advocate does not have the protection from being required to provide information or testimony in a judicial proceeding that is enjoyed by, for example, licensed counselors or health care professionals.
Absent exceptional circumstances, the Survivor Advocate will respect and protect communications with a complainant that the complaint intends to be confidential. In most cases, the Survivor Advocate will not inform anyone of such communications without a complainant’s consent, and the College will not endeavor to take any action in response to such communications. The Survivor Advocate may disclose otherwise-confidential information appropriately when they perceive an immediate and/or serious threat to the campus community. In addition, the Survivor Advocate would report any allegation of sexual assault of a person under the age of 18. Individuals who wish to talk about sexual harassment, sexual misconduct, dating violence, domestic violence or stalking-related issues confidentially, with the understanding that the College will not take any action based on such issues except where safety issues are present as described above, are encouraged to contact the Survivor Advocate. In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the Survivor Advocate would report non-personally-identifying information about Clery crimes they learn about communications intended to be confidential for purposes of the College’s compilation of campus crime statistics. The Survivor Advocate would also report non-personally identifying information about reports received (but intended to be confidential) to the Title IX Coordinator.
If an individual who makes a report insists that their name or other identifying information not be revealed and the College is able to respect that request, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent. Even so, the Survivor Advocate will still assist the individual in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, changes to living, working or course schedules, and transportation-related accommodations, where requested and reasonably available. An individual who at first requests confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement, and thus have the incident fully investigated. The Survivor Advocate will provide the individual with assistance if the individual wishes to pursue those options.
At Marlboro College, the Total Health Center staff respect and protect confidential communications with clients to the extent that they are able to do so under applicable law. This means that, in most cases, these confidential resources will not inform anyone of such communications without a client’s consent, and the College will not endeavor to take any action in response to such communications. These professionals may have the responsibility to disclose otherwise-privileged information appropriately when they perceive an immediate and/or serious threat to any person or property. In addition, medical and mental health professionals are required by law to report any allegation of sexual assault of a person under age 18. Individuals who wish to talk about sexual harassment, sexual misconduct, dating violence, domestic violence or stalking-related issues confidentially, with the understanding that the College will not take any action based on such confidential communications, are encouraged to contact one of these confidential resources. In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, these confidential resources will not report Clery crimes they learn about through confidential communications for purposes of the College’s compilation of campus crime statistics.
There are a variety of off-campus resources that individuals can utilize for any violations or perceived violations of this Policy, including:
Women’s Freedom Center
Vermont Mental Health Services
Brattleboro Hospital Emergency Room
Windham County Sheriff
Vermont State Police
The College will offer to assist complainants to notify appropriate law enforcement authorities of misconduct prohibited by this policy, if desired by the complainant. The complainant may also choose not to notify law enforcement. The College will also offer to assist complainants in seeking relief from abuse orders or other orders of protection from state courts if desired by complainants, and the College will provide what assistance it reasonably can provide on campus to implement directives made in such orders.
Reach Out is a mobile app that allows community members to access policy information, on and off campus resources, and education around sexual and interpersonal violence. Reach Out is private and allows easy access to information around Marlboro’s policy and procedures. A link to Reach Out is here: https://www.capptivation.com/reach-out/marlboro-college/default.html
 The Survivor Advocate is a Campus Security Authority (CSA) who is required to report all criminal activity to the Marlboro College administration but in most cases is not required to give identifying information when making the reports. The College does not disclose identifying information about reported victims in any of its Clery Act-required reporting.
Complaints may be formal or informal, or a person who has concerns about a possible violation of this Policy may seek anonymous counseling rather than filing a complaint. Anonymous counseling enables the complainant to speak with a counselor in Health Services (in the Total Health Center) or the Survivor’s Advocate to seek advice, feedback, or additional resources, after experiencing or witnessing conduct that may violate this Policy, but without naming the involved parties or initiating a formal or informal procedure. Conversations with Health Services or the Survivor’s Advocate are confidential, except as described above. The complainant may initiate a formal or informal complaint, or file a criminal charge or a civil complaint, at any time.
If Marlboro College receives a complaint (through a non-confidential source) of conduct that would, if substantiated, violate this Policy or otherwise has reason to believe that such conduct has occurred, it will take prompt and equitable remedial action to the extent appropriate and possible under the circumstances. Marlboro College will honor a complainant’s request for confidentiality wherever possible, though the College notes that in certain instances the College may be required by law and/or community safety considerations to take action if it learns of misconduct or retaliation in violation of this Policy, even if an affected party does not wish to file a complaint, in order to maintain a safe and nondiscriminatory environment for all members of the Marlboro College Community. As much as possible in light of these considerations, Marlboro College will protect the identity of the person making the complaint and the respondent, except as is reasonably necessary to complete a full and impartial investigation.
The College’s procedures are designed and will be implemented to be prompt, fair, and impartial from the investigation to the final result. The College’s procedures will be conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
In the event that a complainant exercises the right to file a complaint with the police or the state’s attorney and a criminal investigation ensues, Marlboro College will at the request of law enforcement officials suspend temporarily the fact finding phase of its investigation under this Complaint Procedure, if it is not yet concluded, until the criminal investigation completes its initial evidence-gathering phase. Although the fact finding will be suspended temporarily, the rights, as applicable, of both the complainant and the respondent, as articulated in this document, will be maintained and Marlboro College will take whatever action it deems necessary for the safety and well-being of the complainant and the College community, including, but not limited to, third party supervision, a no contact agreement, housing relocation, emergency suspension or alternative grade review.
Both informal and formal complaints are initiated by reporting the situation to the Title IX Coordinator (firstname.lastname@example.org) or any responsible employee. The Title IX Coordinator will meet with the complainant to discuss the complaint and explain the options the complainant can pursue: a confidential discussion in which no individual is identified and the complainant is referred to counseling at Total Health Services or the Survivor Advocate, an informal complaint resolution procedure, which identifies the respondent, or a formal complaint resolution procedure that initiates an investigation and hearing. The Title IX Coordinator will provide a Notice of Rights and Options at this time as well.
Whichever procedure a person utilizes, the College will endeavor to provide a prompt and equitable resolution for all parties, and to honor the rights outlined below.
If after receiving information about their rights and options and the ability to pursue resolution through the College’s formal complaint resolution procedure, the complainant decides to pursue an informal resolution, the Title IX Coordinator will obtain information from the complainant about the objectionable behavior and will discuss the complainant’s desired resolution. Following this meeting, the Title IX Coordinator will then meet with the respondent, without the complainant. The Title IX Coordinator will explain this Policy and the prohibition on retaliation. During this meeting the Title IX Coordinator will listen to the respondent’s understanding of what transpired, and determine whether or not the respondent acknowledges doing harm to the complainant and accepts responsibility for doing harm to the complainant, and/or whether the matter is otherwise appropriate to pursue an informal complaint resolution option. If the respondent acknowledges doing harm to the complainant and accepts responsibility for doing harm to the complainant, and/or the College determines that the matter is otherwise appropriate for informal resolution, the Title IX Coordinator will present to the respondent the complainant’s complaint and desired resolution. Either the complainant or respondent may opt out of this procedure at any point, and the College may determine at any point that the matter is not appropriate for informal resolution. In rare instances where there is an ongoing threat to the College’s ability to maintain a safe, nondiscriminatory campus, the College may decide to investigate and take action, despite a complainant’s decision to opt out of or terminate the informal complaint process. The Title IX Coordinator may elect to offer other or additional alternative dispute resolution procedures to the parties such as an outside mediator.
Following the meeting with the respondent, the Title IX Coordinator may obtain a commitment or written agreement from the respondent to comply with the College’s Policy, which will include compliance with the Policy and may outline appropriate future conduct and behavior. The Title IX Coordinator will make a written record to be kept on file in the Title IX Coordinator’s office. The Title IX Coordinator will inform both the complainant and the respondent that the Title IX Coordinator’s observations and written records might be subpoenaed at a later date and could become evidence in a later civil or criminal proceeding or College proceeding. The Title IX Coordinator will encourage both the complainant and the respondent to seek advice from independent and/or confidential sources. If any party, including the Title IX Coordinator, is not satisfied with the progress or result of the informal complaint resolution procedure, the party may ask to begin the formal complaint resolution procedure. Use of the informal procedures set forth in this section is not a prerequisite to initiating a formal complaint. The College will endeavor to resolve informal complaints within forty-five (45) days of the initial report to the College, absent extenuating circumstances (such as delays occasioned by College breaks). The College will keep the parties informed regarding the need for any extensions of this period.
At the discretion of the Title IX Coordinator, in the instance wherein two (2) or more informal complaints against a single respondent concerning separate incidents have been filed, or other instances where deemed appropriate by the Title IX Coordinator, the Title IX Coordinator may begin the formal complaint procedure. The Title IX Coordinator will notify any complainants of the initiation of this process. Complainants may participate in the formal complaint process but are not required to. Testimony given in the informal complaint procedure may be seen by the Panel. All complainants will retain the rights derived from the Statement of the Complainant’s Rights in this document.
Any person who is subject to or knows of conduct that may violate this Policy may initiate a formal complaint, which will result in an investigation and review by the Panel on Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking. This investigation will entail interviews with the complainant and respondent, as well as witnesses. The procedure will involve the Panel’s making a decision, based on a preponderance of the evidence standard, on whether or not this Policy has been violated, and a recommendation of sanctions, if any, from the Panel to the Dean of Students (if the Respondent is a student), the Dean of Faculty (if the respondent is a faculty member) or the Chief Human Resources Officer (if the respondent is a staff member). The Title IX Coordinator will provide information and guidance to all parties, and both complainants and respondents may have an Advisor or Support Person to help them navigate this Policy and process, including any meetings related to the case. The Title IX Coordinator is available to assist both parties in finding suitable Advisors or Support Persons, who need not be members of the Marlboro College Community. The College will endeavor to complete its investigation and hearing process (exclusive of any appeal) within sixty (60) days of the initial report to the College, absent extenuating circumstances (such as delays occasioned by College breaks). The College will keep the parties informed regarding the need for any extensions of this period. The College will simultaneously notify, in writing, both the complainant and the respondent of the result of any institutional disciplinary proceeding that arises from an alleged violation of this Policy, the procedures for appeal, any changes to the result through the appeal process, and when results become final.
- The Title IX coordinator shall review the complaint and take immediate action to ensure the safety of the complainant and the campus. This may include the issuance of no contact orders between the parties, or other orders regarding the parties and interactions until an initial assessment of the case can be completed. The College may also at any time take appropriate steps, including by way of example only, issuance of No Contact Orders and/or No Trespass Orders, temporary changes in assignment of duties or housing, changes in schedules or program requirements, transportation or working accommodations, or other accommodations, if requested and reasonably available, to protect complaining parties on an interim basis. These measures can be taken if requested and reasonably available, regardless of whether a complainant pursues a complaint under this policy. As noted above, interim measures for respondents will similarly be received and addressed on a case-by-case basis.
- After an initial discussion, the complainant will be asked to prepare (or describe to the Title IX Coordinator or designee and sign) a written statement describing the complaint. The statement should include information such as the date and time of the alleged sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, the name of the respondent, the circumstances of the alleged misconduct, and the identity of any persons who may have knowledge or information regarding the circumstances. If the Title IX Coordinator reviews the complaint and determines that there would be no violation of this Policy even if all the facts are taken as true, then the Title IX Coordinator will inform the complainant and no investigation will be conducted. The Title IX Coordinator will still endeavor to help the complainant receive counseling and any other necessary accommodations, as reasonably available, even if the complaint is not accepted for investigation.
- Otherwise, within a reasonably prompt period of time from when the complaint or the request to move forward with the formal complaint resolution procedure was received, the Title IX Coordinator will notify the complainant and the respondent in writing that a complaint has been filed and provide both parties with a copy of the complaint. The notification will include any conditions to be observed during the investigation, for example, third party supervision, no contact or alternative grade review. The appropriate Dean or supervisor will implement the conditions. The notification will also include a copy of and/or link to this Policy.
- The Title IX Coordinator will also identify for the complainant and respondent the investigator who has been identified to investigate the matter, as described below. If a party objects to the participation of the identified investigator because of a real or perceived conflict of interest, the Title IX Coordinator will decide whether the objection justifies the appointment of an alternate investigator. This process will be repeated as necessary until an unbiased, neutral investigator is identified. If it is determined that an investigation and adjudication should proceed under this policy, an investigator will be appointed to conduct an investigation that is appropriate under the circumstances, and is prompt, thorough, fair, equitable, objective and impartial.
- The Title IX Coordinator will investigate the complaint, or if a conflict of interest on the part of the Title IX coordinator is identified and confirmed, or doing so is otherwise determined to be appropriate, the Title IX Coordinator will locate a neutral investigator (“Investigator”) to conduct an investigation. The investigation will ordinarily include interviews of the complainant, respondent, and any witnesses with relevant information. The Investigator will notify the parties and witnesses of their obligation to maintain the confidentiality of the investigation and to not engage in retaliation.
- The Title IX Coordinator will remind all parties that either the complainant or the respondent may opt out of the formal complaint resolution process and request an informal resolution at any point. The investigation will proceed even if the respondent opts out of the formal complaint resolution process. An informal resolution may be pursued if both parties agree and the respondent acknowledges doing harm to the complainant and accepts responsibility for doing harm to the complainant, and/or informal resolution is otherwise deemed appropriate by the College. While the complainant may opt out of the formal complaint resolution process or withdraw the complaint, the complainant should be aware that in instances where there is an ongoing threat to the College’s ability to maintain a safe, nondiscriminatory campus, the College may decide to investigate and take action, despite a complainant’s decision to opt out of or terminate the formal complaint process. The respondent shall be requested to file a written response to the complaint as soon as reasonably possible. The complainant shall be provided with a copy of the response. The complainant may then reply to that response as soon as reasonably possible. The respondent shall promptly be provided with a copy any reply of the complainant. The investigator may elect to wait a reasonable period of time for these statements before proceeding further with the investigation.
- To the extent permitted by law, the complainant and respondent will be afforded the same rights and opportunities throughout the investigation and adjudication process, including the opportunity to recommend witnesses and submit evidence. However, the decision to interview particular witnesses or consider evidence offered by the parties is within the sole discretion of the investigator, in consultation with the Title IX Coordinator as necessary.
- Complainants and respondents are entitled to the same opportunities to have an advisor or support person of their choice present at any interviews or meetings related to the investigation and adjudication process under this policy. Such advisors or support persons may advise the complainant or respondent privately, but cannot act as speaking advocates at a meeting. Witnesses in the case may not serve as advisors. An investigator or other College representative may terminate meetings and proceed with meetings without an advisor present if advisors or support persons refuse to comply with these requirements. The College may at its discretion decide to reschedule meetings with an alternate advisor.
- If a complainant or respondent is concerned that another person involved in the investigation or adjudication (such as, for example, an investigator or the Title IX Coordinator) may be biased or have a conflict of interest, the person should inform the Title IX Coordinator or President’s Office (if the concern is about the Title IX Coordinator) of that concern immediately. The Title IX Coordinator or alternate person, as applicable, will consider the concern and inform the parties of a decision as to whether an alternate will be named.
- The College’s investigation and adjudication process does not require or permit the complainant and respondent to interact or communicate directly or indirectly with each other at any time. The parties are therefore not permitted to question or cross-examine each other directly during the course of the investigation.
- The Investigator is authorized to contact any and all individuals with potentially relevant information. The College recognizes, however, that individuals who are bound by legal privileges may not be able to disclose privileged information, unless an exception applies. The Investigator is authorized to access relevant records, except those legally protected as confidential or privileged, and may collect any additional evidence relevant to the complaint. The nature and scope of the investigation is within the sole discretion of the Investigator and/or the College.
- The complainant and respondent will be asked to identify all relevant evidence they would like the Investigator to review, as well as witnesses they would like the investigator to interview. Both parties may provide, if they wish, a list of questions they would like the Investigator to ask of particular witnesses or of each other. The Investigator is not required to consider the evidence submitted or interview any particular witness, even if identified by one of the parties, nor to ask questions provided by either party. However, in determining whether to interview witnesses or review evidence, the Investigator should consider such factors as relevance, bearing on credibility, equity, fairness, thoroughness, and impartial treatment of both parties.
- All participants in the investigation are expected to cooperate fully by providing complete, accurate, and truthful information. They may also be expected to sign statements or other documents memorializing the information they provided, and may be asked to keep the substance of the interview confidential. Failure to cooperate fully with the Investigator may subject the individual to the full range of disciplinary actions, as applicable.
- Formal rules of evidence do not apply in the process described herein. In cases where an evidentiary or procedural question arises in connection with the investigation or adjudication process, the Title IX Coordinator will make a decision on such questions.
- At the conclusion of the investigation, the Investigator shall issue a preliminary report which shall include the witness statements and other relevant material. The complainant and respondent may review the preliminary report, witness statements and other relevant materials. Both will have an opportunity to respond to this information in writing and request changes or consideration of additional evidence within seven calendar days. In their response, the parties may provide, if they wish, a list of further questions they would like the Investigator to ask of particular witnesses or of each other. The Investigator is not required to consider the evidence submitted or interview any particular witness, even if identified by one of the parties, nor to ask questions provided by either party. However, in determining whether to interview witnesses or review evidence, the Investigator should consider such factors as equity, fairness, thoroughness, and impartial treatment of both parties.
- If at any stage following the submission of these responses new relevant evidence is gathered, it will be shared with the complainant and respondent, who will have an opportunity to submit a written response within a time frame determined by the Title IX Coordinator.
- The Investigator will submit a final report to the Title IX Coordinator. The final report will include all investigation materials deemed permissible, the complainant’s and respondent’s written responses, the investigator’s recommended finding of whether this Policy has been violated, and the investigator’s rationale. This recommendation will be based on the standard of preponderance of evidence, i.e., whether it is more likely than not that the Policy was violated.
- If the Title IX Coordinator is not the investigator, the Title IX Coordinator will review the investigator’s report and recommendation and determine whether any further investigation needs to be done. If so, the Title IX Coordinator will direct the investigator to perform additional investigation as deemed necessary.
- Once the Title IX Coordinator is satisfied that the investigation is complete they will provide the report and recommendation to the Panel on Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence and Stalking, and to each of the parties, as applicable. The Panel considers investigation reports, evidence collected in investigations, and the parties’ responses, and deliberates and makes decisions as to whether or not this Policy has been violated.
- The Panel is not bound by the Investigator’s report and recommendation; rather, these are advisory to the Panel. The Panel may accept or reject the investigator’s recommendation in whole or in part, and may request additional relevant information or investigation before making a determination. If the Panel requests such additional relevant information or investigation, the Panel will provide notice to the parties of any additional information gathered in response to such requests. The parties may then have two days to provide to the Panel a written statement regarding their perspectives on the additional information, if they choose to do so. The Panel may consult with other persons as deemed appropriate.
- Either party may choose to (but does not have to) meet individually with the Panel prior to the Panel’s determination. The Survivor Advocate may meet with the Panel on a complainant’s behalf in lieu of the complainant to present the complainant’s position, but may not advocate for the complainant before the Panel. The respondent may equally select an individual to meet with the Panel on their behalf in lieu of the respondent to present the respondent’s position, but may not advocate for the respondent before the Panel. The Panel may also request an individual meeting with either party or any other person(s) as deemed appropriate. Parties can decide either to attend a meeting at the Panel’s request, or decline the request. The Panel will not view a party’s position more or less favorably because a party chooses not to attend a meeting with the Panel. The Panel’s determination will be based on a preponderance of the evidence standard. Preponderance of the evidence means that it is more likely than not that a violation of the Policy occurred.
- If the Panel finds that there is insufficient evidence to find that a violation of this Policy occurred, the Panel will inform the complainant and the respondent of that, simultaneously and in writing by delivery of a copy of the Panel’s finding to the Dean of Students or their designee for delivery to the parties as soon as possible. If the Panel finds that the respondent has engaged in conduct that violates this policy, the Panel will inform the complainant and the respondent of that, simultaneously and in writing by delivery of a copy of the Panel’s finding to the Dean of Students or their designee for delivery to the parties as soon as possible and invite each party to submit within an appropriate period a Sanction Statement sharing any thoughts they would like the Panel to consider when recommending a sanction. In recommending sanctions, the Panel will consider, for example: 1) any such statements; 2) its findings regarding the case at issue; and 3) any relevant prior misconduct, information about which may be received by the Panel from College offices or officials with knowledge (i.e., the Dean of Students in student respondent cases, the Chief Human Resources Officer in staff respondent cases, the Dean of Faculty in faculty respondent cases or an ad hoc committee of the Board of Trustees, in a trustee respondent case), who will provide such information and confer with the Panel once a finding of responsibility has been made.
- If a determination of responsibility for a Policy violation is made, the Panel will forward its findings and recommendation of sanctions for action the Dean of Students (if the respondent is a student), the Dean of Faculty (if the respondent is a faculty member) or the Chief Human Resources Officer (if the respondent is a staff member), or an ad hoc committee of the Board of Trustees (if the respondent is a trustee), (“responsible individuals”) who will affirm or modify the proposed sanction. When this individual determines the sanction, they will, in cases in which sexual assault, dating violence, domestic violence or stalking are found to have occurred, simultaneously notify in writing the complainant, the respondent and the Title IX Coordinator. In cases in which sexual harassment that does not also involve sexual assault, dating violence, domestic violence or stalking is found to have occurred, the responsible individual will notify the respondent and the Title IX Coordinator of the sanctions in writing, and will, to the extent permitted by law, simultaneously notify the complainant of any sanctions that pertain to the complainant and that would have an effect on the complainant’s educational or working environment. The Panel’s findings and recommendation and the responsible individual’s sanction decision will be kept on file with the Title IX Coordinator and in the respondent’s personnel or student file.
- If the Panel finds that either party provided false information during the investigation or that the complainant intentionally made a false report of conduct that violates this Policy, the Panel shall recommend suitable action to the appropriate Dean or the Chief Human Resources Officer.
Marlboro College is committed to offering support to those who have experienced sexual harassment, sexual misconduct, dating violence, domestic violence or stalking. The College understands that individuals who have concerns about such conduct may look for assurances of confidentiality, and endeavors to provide options that protect confidentiality to the fullest extent possible.
Getting Confidential Support and Resources
You may be upset about something that happened, even if you are not sure whether it violates this Policy or if you want to file a complaint. In such an event, you should consider contacting one of the confidential resources listed in the following section to seek support or advice. They can advise you about your options, help you get support, and assist you as you consider whether to file a formal complaint.
- Contact the Women’s Freedom Center 24 Hour Hotline: 802-254-6954.
- On weekdays during business hours, contact the Total Health Center at 802-258-9335. See more information in the “Resources” section below.
- Make an appointment with the Coordinator for Prevention, Intervention and Advocacy who serves as the college’s Survivor Advocate, currently Megan Grove, who can be reached at email@example.com or 802-258-9227. See more information above and below regarding the role and limitations on the confidentiality practices of the Survivor Advocate.
- The right to be treated with respect by all parties to the process.
- The right to be free from discouragement from reporting or continuing their education or employment at the school.
- The right to have complaints of sexual misconduct responded to in accordance with the timeline outlined in this Policy.
- The right to confidentiality to the extent possible.
- The right to have an Advisor or Support Person of the complainant’s choice accompany the complainant to all meetings related to the complaint process.
- The right to be informed of the option to notify proper law enforcement authorities, and the option to be assisted by campus officials in notifying such authorities, if the complainant so chooses.
- The right to be notified of available physical and mental health support services both on campus and in the community for survivors of sexual misconduct.
- The right to notification of options for changing academic, working, transportation and living situations after an alleged sexual misconduct incident.
- The right to opt out of the process even though the process may continue.
- The right to speak and present information on one’s own behalf.
- The right to have sexual history with anyone other than the respondent be excluded from presentation in the complaint process.
- The right to request conditions that must be observed by the involved parties during this process which may include no contact, third party supervision, or alternative grade review.
- The right to be free from retaliation.
- The right to request emergency suspension of the respondent or a third-party in the case of stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complainant.
- The right to be informed of the outcome and sanction of any disciplinary process involving sexual misconduct.
- The right to appeal the outcome of a disciplinary process, provided the appeal meets the grounds outlined in the “Appeals Procedure” section of this Policy.
- The right to be presumed not in violation of this Policy unless and until a violation is established through the discipline process.
- The right to be treated with respect by all parties to the process.
- The right to continue their education or employment during the process, unless the College determines that interim separation is necessary.
- The right to have complaints that fall within the scope of this Policy be responded to in accordance with the timeline outlined in this Policy.
- The right to confidentiality to the extent possible.
- The right to have an Advisor or Support Person of the respondent’s choice accompany the respondent to all meetings related to the complaint process.
- The right to access campus resources for medical, counseling, and advisory services.
- The right to a change in on-campus residence and/or an adjustment to their academic schedule, if such changes are reasonably available.
- The right to opt out of the process even though the process may continue.
- The right to speak and present information on one’s own behalf.
- The right to have irrelevant sexual history, such as history regarding the respondent’s sexual history with others, be excluded from presentation in the responsibility phase of the complaint process (relevant sexual history may be considered in the sanctioning process, as described below).
- The right to be informed of the outcome and sanction of any disciplinary process involving sexual misconduct.
- The right to appeal the outcome of a disciplinary process, provided the appeal meets the grounds outlined in the “Appeals Procedure” section of this Policy.
i. Filing a Complaint with the Title IX Coordinator
To file a report or complaint of sexual misconduct, contact the Title IX Coordinator, Jean Kiewel, by email at firstname.lastname@example.org. Alternately, you may access our Report Form through Google Docs. Download and save a local copy. When completed, attach the document to an email and send to email@example.com. Alternatively, you may print off the document and deliver in a sealed envelope to:
Title IX Coordinator
PO Box A
2582 South Road
Marlboro, VT 05344
The Title IX Coordinator can discuss all available options with a person reporting conduct that violates this Policy, including criminal and civil options, as well as the College’s sexual misconduct complaint process. The College will also make these services available to people who have been indirectly involved in a sexual misconduct situation, even if they are not a complainant. The Title IX Coordinator may not, however, be able to guarantee confidentiality to a complainant if there is a threat to the complainant or the College community. In certain instances applicable to “responsible employees” described below, the Title IX Coordinator is obligated to report when they learn of a violation of this Policy. See more about the Title IX Coordinator’s role and responsibility in the Terms and Definitions section of this Policy.
NOTE: Students reporting incidents will be covered under the College’s Good Samaritan Policy, meaning that a person bringing a complaint will not be penalized for alcohol and/or other drug use at the time of the incident.
ii. Reporting to a Responsible Employee
At Marlboro College, all faculty and staff members, including Resident Advisors are considered Responsible Employees and Campus Security Authorities. If responsible employees learn about an alleged violation of the sexual misconduct policy, they are required by federal law to report relevant details (such as the name of the complainant and Respondent, any witnesses, and other relevant facts, such as the date, time and specific location of the alleged incident) to the Title IX Coordinator or other College officials. Responsible employees are respectful of a complainant’s wishes to the extent appropriate and are discreet, but they are not able to guarantee confidentiality. General inquiries or questions about this Policy may remain private, and the College will strive to protect the privacy of individuals to the extent it can while maintaining its obligations to uphold relevant policies and regulations and/or to take reasonable steps to promote the safety of members of the College community.
Reports of sexual misconduct to responsible employees will be forwarded to the Title IX Coordinator who will determine what steps need to be taken. Generally, the College will investigate the report to determine what occurred and the College will provide interim measures during the investigative process and any disciplinary process. However, for complainants who report sexual misconduct to responsible employees but request that the College not pursue an investigation or otherwise keep their report confidential (e.g., from the respondent), the Title IX Coordinator will consider whether the College can honor the complainant’s request while still providing a safe and nondiscriminatory environment for all students. Whether the Title IX Coordinator decides that the College can honor the confidentiality request or must pursue an investigation, the Title IX Coordinator (or designee) will inform the complainant of available interim measures and coordinate appropriate interim measures for the complainant.
iii. Notifying Local Law Enforcement
Reports or concerns regarding sexual misconduct, dating violence, domestic violence or stalking may also be reported, and any safety concerns should be reported immediately, to local law enforcement agencies, the contact information for which is:
- Vermont State Police Department: 802-257-7101, 464 Marlboro Rd, Brattleboro, VT
- Brattleboro Police Department: 802-257-7946, 230 Main St., Brattleboro, VT
- Windham County Sheriff’s office: 802-365-4941, 11 Jail St., Newfane, VT
Inquiries or complaints that involve potential violations of Title IX may also be referred to the U.S. Department of Education’s Office for Civil Rights, which can be reached at: https://wdcrobcolp01.ed.gov/cfapps/OCR/contactus.cfm or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice (DOJ): >http://www.justice.gov/crt/complaint/#three.
iv. Reporting to the Survivor Advocate or Professional Confidential Counselors
The College also offers complainants an option for the complainant’s confidential resource (such as a professional counselor or Survivor Advocate) to request supportive measures from the College without reporting the sexual misconduct to the College. While we strongly encourage all individuals subjected to misconduct prohibited by this policy to report the misconduct to the College directly, we want complainants to have access to supportive measures regardless of when or whether they decide to report the conduct to the College.
Reporting to the Survivor Advocate or a confidential professional is another option that allows a complainant who has not reported the misconduct to a responsible employee to disclose the misconduct to a confidential professional counselor or Survivor Advocate who in turn can request interim measures on the complainant’s behalf from the College. Under this option, complainants should be aware that when such an individual requests interim measures on their behalf from a responsible employee of the College and discloses that the reason for the request is sexual misconduct or other misconduct prohibited by this Policy, the request may trigger the College’s obligation to investigate. To the extent such an individual makes such a disclosure, but, consistent with the complainant’s wishes, asks the College not to investigate or otherwise notify the respondent of the report, the Title IX Coordinator will consider whether the College can honor the request while still providing a safe and nondiscriminatory environment for all students.
The College recognizes that confidential resources such as professional counselors and (to the extent permitted under College policy) Survivor Advocates are often in a unique position to know when and what interim measures or supportive measures would be most appropriate to address a complainant’s health and safety needs. For this reason, complainants who disclose incidents of sexual misconduct or other misconduct prohibited by this Policy to their professional counselor or Survivor Advocate should discuss whether to have such individual report the misconduct to the College and request interim measures required by Title IX or request discretionary supportive measures from the College without reporting the nature of the conduct. Such individual will work with the complainant to determine what information the complainant is willing to have shared with College employees involved in securing interim measures or supportive measures. Such individual will explain how sharing certain information with responsible employees may trigger the College’s Title IX obligation to investigate. Complainants should understand that the College’s ability to implement interim measures that would affect the would-be respondent may be limited if the complainant chooses not to have the College go forward with an investigation. Professional counselors and Survivor Advocates can discuss these issues with complainants.
i. Interim Measures Overview
Upon learning of a report or complaint of sexual misconduct, the Title IX Coordinator will promptly take steps to ensure the complainant’s equal access to the College’s programs and activities and protect the complainant as necessary. Such steps include taking interim measures before the final outcome of any investigation, providing remedial measures after the final outcome of investigation, and making the complainant aware of all available resources, including resources such as survivor advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, student financial aid advising, visa and immigration assistance, and legal assistance. The Title IX Coordinator and/or others at the College will also assist individuals affected by the types of misconduct prohibited by this policy, even if they do not wish to participate in a formal College process. Interim measures are discussed in more detail below.
Upon a finding of prohibited sexual misconduct, the Title IX Coordinator will determine whether campus-wide remedies should be adopted in response, including, by way of example but not limitation, review and revision of the College’s sexual misconduct policies, increased monitoring, supervision or security at locations where sexual misconduct is reported to occur, and increased education and prevention efforts, including to targeted populations.
If it is found through the College’s disciplinary processes that an individual engaged in prohibited sexual misconduct, the Title IX Coordinator will review proposed sanctions before they are imposed to ensure that they, along with the College’s interim and long-term measures taken in response to the sexual misconduct, are reasonably calculated to stop the sexual misconduct and prevent its recurrence.
ii. Options for Requesting Interim Measures or Supportive Measures – Details
Interim measures are those services, accommodations, or other assistance that the College puts in place for complainants after receiving notice of alleged sexual misconduct but before any final outcomes—investigatory, disciplinary, or remedial—have been determined. We want complainants to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational and employment opportunities. We also want complainants to understand their reporting options and how to access available interim measures. The College encourages complainants to report issues covered by this Policy to the College’s Title IX coordinator or any responsible employee with whom the individual feels comfortable. The College recognizes that sexual and other violence is traumatic and may leave individuals feeling overwhelmed and confused. This Policy seeks to provide clear guidance regarding available resources and who can help in securing them.
Upon receiving a report of sexual misconduct, the College will provide the complainant, or the complainant’s Advisor or Support Person, with a written explanation of the interim measures available on campus and through local community resources, and shall ask the complainant or their Advisor or Support Person what measures are sought. Requests for interim measures by a respondent will be received and addressed on a case-by-case basis.
Some possible interim measures are listed below, and the College will determine which measures are appropriate for a particular party on a case-by-case basis. Not all of the measures listed below will be necessary in every case to keep parties safe and ensure their equal access to educational programs and activities and employment opportunities. If a party or their Advisor or Support Person identifies an interim measure that is not already provided by the College, the College will consider whether the request can be granted.
Example interim measures include, when requested and reasonably available:
- academic accommodations (for additional information, see below),
- medical and mental health services, including counseling,
- change in campus housing,
- assistance in finding alternative housing,
- assistance in arranging for alternative College employment arrangements and/or changing work schedules,
- a “No contact” directive pending the outcome of an investigation and/or thereafter. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another,
- transportation accommodations or parking arrangements to ensure safety and access to other services,
- assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services, and
- assistance in understanding financial aid implications of any decision on the complainant’s part to seek a leave of absence or reduction in course load.
The College will work with parties or their Advisor or Support Person to identify what interim measures are appropriate in the short term (e.g., during the pendency of an investigation or other school response), and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the complainant safe.
As explained below, when a confidential resource (such as a professional counselor or the Survivor Advocate (to the extent permitted by College policy)) requests any of the above measures on the complainant’s behalf without disclosing that sexual misconduct is the basis for the request, the College will consider these requests for supportive measures consistent with its general practice of allowing confidential resources and the Survivor Advocate to seek such measures for individuals who may have experienced trauma without requiring that the nature of the trauma be disclosed.
iii. Living Accommodations
A complainant or a respondent who is a student may at any time request that the College provide a change in their housing assignment, free of charge, for the purposes of safety. The Title IX Coordinator will work with the complainant or respondent and the Director of Housing and Residential Life to find suitable safe housing as soon as possible after the request is made. Safe housing may include temporary off-campus accommodation so long as transportation is readily available.
iv. Academic Accommodations
Academic accommodations are one type of interim measure that the College may provide to a party after receiving a report of conduct in violation of this Policy to ensure that the party is safe and can continue to access educational opportunities. It may be possible to secure time-limited academic accommodations, such as rescheduling an exam. If the party experiences persistent academic difficulties as a result of the reported misconduct or an investigation (e.g., including difficulties stemming from anxiety, depression, post-traumatic stress disorder or any other mental or physical illnesses or injuries), the party may request more long-term academic accommodations, such as a Medical Leave of Absence or a Dean’s Incomplete. If the party does not have a treating provider but is suffering from health-related issues such as those identified above, the student should contact the College’s Total Health Center (802-258-9335) to be connected with a campus health provider or appropriate off-campus resource. Students may also be entitled to additional services and supports if they have a disability, including those who developed a disability as a result of experiencing sexual misconduct. Disability services at the College are coordinated by the Office of Disability Services (802-258-9235).
A party, their Advisor or Support Person, or their confidential resource may request the following academic accommodations as interim measures. The College—after consulting with the party or their Advisor, Support Person or confidential resource—will determine which accommodations are appropriate to ensure the student’s safety and equal access to educational programs and activities. Requests for academic accommodations may include assistance in:
- transferring to another section of a lecture or laboratory,
- rescheduling an academic assignment or test,
- accessing academic support (e.g., tutoring),
- arranging for incompletes, a leave of absence, or withdrawal from campus,
- preserving eligibility for academic, athletic, or other scholarships, financial aid, internships, study abroad, or foreign student visas, and
- understanding any related financial aid implications.
Remedies or sanctions for violations of the College’s policy against sexual harassment, or its policy against sexual misconduct that does not constitute sexual assault, may include for students:
The following sanctions, or any combination thereof, may be applied to any individual student or group of students for conduct violations:
- Educational – examples include community service, educational projects, presentations, or workshops related to the violation and designed to assist students in better understanding the impact of their behavior on self and others.
- Counseling Assessment/Evaluation – commonly recommended to assist the student in better understanding the personal decisions or emotional issues that contributed to their behavior.
- Restitution – involves the replacement of property or payment for the replacement or repair of property damaged as a result of student behavior.
- Housing Ban – involves restricting a student from a particular residence hall or all residence halls with the exception of the one in which the student resides.
- Housing Relocation – if space is available, a student may be moved to a different room or residence hall.
- Housing Probation – means that another violation may result in expulsion from college housing.
- Revocation of Housing Privileges – means that the student is removed and banned from college housing.
- Social Probation – means that another violation may result in the student being allowed on campus only for academic reasons (e.g. classes, library, meeting with faculty).
- Social Restriction – means the student in banned from campus with the exception of classes, library work, or meetings with advisor/faculty.
- Suspension – this action results in the involuntary withdrawal of the student from the college, its programs, and facilities for a specified period of time (e.g. semester, academic year).
- Expulsion – this action results in the permanent separation of the student from the college, its programs, and facilities.
and for faculty or staff:
- verbal or written warning,
- a signed contract describing commitment to future behavior,
- leave of absence with or without pay,
- dismissal from employment
- temporary or permanent transfer to a different position, class or academic assignment,
- reassignment of work or academic work, or
- alteration of living or work environment.
Any mandated separation of a student from the College for a violation of this Policy will recommend conditions that must be satisfied before the student’s return. In the case that a student is separated from the College, the Panel will consider putting conditions into place which must continue to be met after the student’s return.
Remedies or sanctions for violations of the College’s policies against sexual assault, domestic violence, dating violence or stalking may include:
- leave of absence with or without pay,
- dismissal from employment,
- suspension from housing,
- suspension from social activities,
- suspension from school,
- expulsion from school,
- temporary or permanent transfer to a different position, class or academic assignment,
- and/or reassignment of work or academic work, or alteration of living or work environment.
The complainant or respondent may appeal a Panel’s finding of no responsibility and/or a Panel’s finding of responsibility and/or sanction imposed by the responsible individual by delivering a written statement of appeal to the Dean’s Advisory Committee  (for decisions made by the Dean of Students) or the President (for decisions made by the Chief Human Resources Officer or the Dean of Faculty, as chair of the Committee on Faculty) within five (5) business days from the date of the Panel’s finding of responsibility or the responsible individual’s sanctions decision, whichever comes later. If the President has a conflict of interest, a faculty appeal will be considered by the Chair of the Board of Trustees. The statement of appeal must detail the specific reason(s) for the appeal. The recipient of the appeal will notify the other party of any submitted appeal. The other party may submit a written response to the appeal to the President within five (5) business days of delivery of the statement of appeal. Appeals will be limited to the following grounds: (1) consideration of new evidence that was not reasonably available at the time of the formal investigation and/or the Panel’s consideration of the matter; (2) an allegation of substantial procedural error on the part of the Investigator, the Title IX Coordinator or the Panel; or (3) the sanction imposed was disproportionate to the conduct violating the Policy. The designated committee or individual considering the appeal shall not conduct a new fact investigation but may consult with the Investigator, Title IX Coordinator, Panel and/or responsible individual, and shall have the authority to affirm, reverse or modify the decision and/or the penalty imposed, or to remand the matter to the Investigator, the Title IX Coordinator, the Panel, or the responsible individual for further consideration. The decision on the appeal is the final appeal available internally at the College. Appeal determinations will generally occur within twenty (20) business days from the receipt of the appeal.
A student who is a party may request that no students sit on the Dean’s Advisory Committee
 Including but not limited to Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq., the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), 20 U.S.C. § 1092(f), regulations promulgated under federal law, current guidance to institutions of higher education provided by the Office for Civil Rights of the United States Department of Education (“OCR”), and Vermont’s Harassment Prevention law, 16 V.S.A. § 178.