Sexual misconduct refers to any conduct or act of a sexual nature perpetrated in the United States against an individual without consent. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same or different sex. The College encourages reporting of all sexual misconduct.
Sexual misconduct offenses include, but are not limited to:
- sex discrimination,
- sexual assault,
- sexual harassment;
- sexual exploitation;
- dating violence; and
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
- Quid Pro Quo – An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
- Hostile environment – Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the College’s education program or activity.
- Violence Against Women Act (VAWA) Crimes
“sexual assault” as defined in 20 U.S.C.1092(f)(6)(A)(v),
“dating violence” as defined in 34 U.S.C.12291(a)(10),
“domestic violence” as defined in 34 U.S.C.12291(a)(8), or
“stalking” as defined in 34 U.S.C.12291(a)(30).
Sexual assault is any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
- Rape is the penetration, no matter how slight, of vagina or anus, with any body part or object or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
- Fondling is the touching of the private body parts of another person for sexual gratification without the consent of the victim including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental capacity
- Incest is sexual intercourse between persons who are related to each other with the degrees where in marriage is prohibited by law.
- Statutory rape is sexual intercourse with a person who is under the statutory age of consent.
Consent is knowing, voluntary, and clear permission by words or actions to engage in sexual activity. It is the responsibility of each party to determine that the other has consented before engaging in the activity.
- Consent is clear, knowing, and voluntary.
- Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent.
- Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
- Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity and can be withdrawn at any time.
- Previous relationships or prior consent cannot imply consent to future sexual acts.
- Coercion, force, or threat of either invalidates consent.
Consent may never be given by:
- Minors, even if the other participant did not know the minor’s age.
- Mentally disabled persons, if their disability was reasonably knowable to a sexual partner who is not mentally disabled.
- Persons who are incapacitated (whether as a result of drugs, alcohol or otherwise), unconscious, asleep, or otherwise physically helpless or mentally or physically unable to make informed, rational judgments. The use of alcohol or other drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct that constitutes sexual misconduct under this policy. If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of consent, it is incumbent upon each individual involved in the activity to stop and clarify the other’s willingness to continue and capacity to consent. Neither party should make assumptions about the other’s willingness to continue.
- Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but clear, knowing and voluntary consent to any sexual activity is equivalent to a “no.”
More information: Tea Consent
Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
Other Misconduct Offenses (will fall under Title IX when gender-based)
- Threatening or causing physical harm, extreme verbal abuse, or other conduct that threatens or endangers the health or safety of any person;
- Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
- Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
- Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity.
- Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control, or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
Intimate partner violence is often referred to as dating violence, domestic violence, or relationship violence. Intimate partner violence includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with the Respondent.
Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic nature with the victim. The existence of such a relationship shall be determined based on the reporting parties’ statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction.
Domestic violence is defined as a felony or misdemeanor crime of violence committed-
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Stalking refers to a course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological. Stalking includes cyber-stalking, in which electronic media are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.
Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another person for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Retaliation refers to acts or attempts to retaliate or seek retribution against the Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Respondent or Complainant. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others.
The Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
The Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. The Respondent is presumed to be not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
Title IX Coordinator
The Title IX Coordinator has ultimate oversight responsibility for handling Title IX related complaints and identifying and addressing any patterns or systemic patterns involving sexual misconduct. The Title IX Coordinator can answer questions regarding the process for reporting, investigating, and adjudicating complaints of gender discrimination, sexual harassment, sexual assault, or other potential Title IX violations. The Coordinator is available to meet with individuals who are involved with or concerned about issues or College processes, incidents, patterns, or problems related to sexual misconduct on campus or in College programs. The College’s Title IX Coordinator is:
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed above, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.
Deputy Title IX Coordinator
Deputy Title IX Coordinator(s) are the College employees designed to assist the Title IX Coordinator in responding to reports of sexual misconduct. Deputy Title IX Coordinators can answer questions regarding the process for reporting, investigating, and adjudicating complaints of gender discrimination, sexual harassment, sexual assault, or other potential Title IX violations. They are available to meet with individuals who are involved with or concerned about issues or College processes, incidents, patterns, or problems related to sexual misconduct on campus or in College programs. The following individuals have been designated as Deputy Title IX Coordinators:
Investigator is a neutral party in charge of handling the investigation of a formal complaint and who provides a detailed unbiased report that fully summarizes relevant evidence.
Campus Security Authorities
Campus Security Authorities’ (CSAs) function is to report allegations of Clery Act crimes made in good faith.
An advisor provides support and actively participates during the Title IX hearing in a cross examination role. The advisor may be any person, including an attorney.
Randolph College requires that all employees (with the exceptions noted below) report information related to potential violations of the Sexual Misconduct Policy to the Title IX Coordinator. It is important to note that Resident Assistants, Head Residents, and Davenport Leaders are mandated reporters.
Exceptions to Mandated Reporting
The staff of these offices are not required to share information about sexual misconduct with the College, and will keep your information private or confidential.
- The Counseling Center
- The Health Center
- Faculty and Staff Campus Advocates
A Formal Complaint is a document filed by a Complainant or signed by the Title IX Coordinator or Deputy Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment. At the time of filing a Formal Complaint, a complainant must be participating in or attempting to participate in the education program or activity of the College.
An education program or activity includes locations, events, or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.
Supportive Measures are defined as non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge, to the Complainant or Respondent, before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve access to the College’s education program or activity, without unreasonably burdening the other party; protect the safety of all parties and the recipient’s educational environment, and deter sexual harassment. Supportive measures may include, but are not limited to, counseling, course related adjustments, modifications of work or class schedules, modifications to living arrangements, campus escort services, increased security and monitoring of certain areas of campus, mutual restrictions on contact between the parties, and other measures as determined on a case-by-case basis. The College must maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
Standard of Evidence
The standard of proof in all sexual misconduct cases will be preponderance of the evidence. This standard requires the Decision-maker(s) to conclude that it is more likely than not that the respondent committed sexual misconduct in order for there to be a finding of responsible. This standard of proof differs from the higher standard used in criminal cases, beyond a reasonable doubt. Therefore, there could be instances when the criminal justice system declines to prosecute a case criminally but a finding of responsible is reached under the Sexual Misconduct Policy.
Days means business days when all College offices are open. This does not include weekends, holidays, or inclement weather when College offices are closed.