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If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented fundamental fairness.The definitions of sexual assault, domestic violence, dating violence and stalking used in this policy are consistent with the Clery Act, as amended effective 2014. Since Middlebury lacks full judicial authority, such as the power to subpoena or place witnesses under oath, an individual’s rights cannot be coextensive with or identical to the rights afforded in a civil or criminal legal proceeding. The policies, procedures and information outlined herein supersede Middlebury's Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking dated January 3, 2018 and all previous Middlebury policies, procedures and information on the same topics. Middlebury’s process to address cases of alleged sexual misconduct, domestic and dating violence or misconduct, stalking and related retaliation is designed to: The parties will be provided procedural rights as outlined in this policy.The definitions outlined immediately below apply as a matter of Middlebury policy in all locations where Middlebury operates its programs.Sexual misconduct violates the rights of others, and demonstrates flagrant disregard for the principles of this community.Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.Consent means words or actions, freely and actively given by each party, which a reasonable person would interpret as a willingness to participate in agreed-upon sexual conduct.
The definitions below are intended to provide clarity, and do not suggest that one behavior is more severe or violating than the other.This policy further expands the list of prohibited behaviors beyond Clery requirements to include the categories of Sexual Exploitation, and Domestic and Dating Misconduct.In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, Middlebury 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 the criminal laws in applicable jurisdictions. Factors to be considered in determining sanctions are listed in Section 10 (H), below. Pursuing a Criminal Complaint, Involvement of Law Enforcement, and Obtaining a No Contact Order, No Trespass Notice, and Order of Protection8. It could also entail non-disciplinary measures such as No Contact Orders and/or No Trespass Orders, training, and providing safety and support services to complainants and affected parties, as appropriate.