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The criminal law definitions used in many of those jurisdictions are described in Appendix A for the sake of information only.However, Middlebury 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 expand upon the Clery act as noted above), and determines responsibility for violations of Middlebury 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. Sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking, and related retaliation, as defined by this policy (henceforth referred to as the "SMDVS Policy"), are strictly prohibited. Middlebury Faculty and Staff as Advisors Appendix A: Applicable Definitions: State and Federal Law Appendix B: Contact Information Appendix C: Resources Appendix D: Title IX Coordinator Appendix E: Campus Security Authorities Appendix F: Sanction Information (Students, Faculty, Staff)End Notes Middlebury College (“Middlebury”) is committed to providing a campus and workplace environment that is safe and secure for all students, staff, faculty and others who participate in Middlebury’s programs.The procedures outlined below are designed, however, to assure fundamental fairness and to protect individuals from arbitrary or capricious disciplinary action.All adjudicators, investigators, and Middlebury officials shall conduct their proceedings in the spirit of these principles.Middlebury seeks to prevent all forms of sexual misconduct, and desires to establish and maintain a safe and healthy environment for all members of the community through sexual misconduct prevention, education, support, and a fair adjudication process.
The definitions below are intended to provide clarity, and do not suggest that one behavior is more severe or violating than the other. Complaint Investigation and Resolution Procedures(A) In General(B) Complaints Directed to the HRO or DTC (includes Rights of Complainants and Rights of Respondents)(C) Complaint Receipt and Review(D) Amnesty(E) Investigation Overview(F) Investigation(G) Determination(H) Sanction(I) Time Frames for the Investigation, Adjudication and Determination of Sanctions(J) Appeals(K) Disposition Without Adjudication11. Plans or Directives Issued by Middlebury Officials16. Such action could include discipline for employees such as written reprimands, salary freezes (faculty) or termination of employment, or discipline for students such as probationary status, a letter of official discipline, suspension or expulsion from any or all programs in which the student is enrolled or participating. Emergency Withdrawal, Suspension, or Expulsion (Students)14. Training of Individuals Conducting Investigations and Adjudications15. Middlebury will take reasonable, prompt and appropriate action to respond to sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking and related retaliation where such conduct impacts or has the potential to impact the Middlebury program-based educational, residential, or employment environment of any member of the Middlebury community.Previous relationships or consent do not imply consent to future sexual conduct.Consent to one form of sexual activity does not imply consent to other forms of sexual activity. The use of alcohol or drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct, or that person’s responsibility for determining whether another is capable of giving consent, as described above.