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STUDENT
DEVELOPMENT
Social
Policies and Regulations: Improper Sexual Conduct Policy
Kalamazoo
College recognizes that sexual harassment and sexual assault undermine
individual growth and self-esteem. As part of its mission to encourage
the development of its community, Kalamazoo College accepts responsibility
for combating sexual harassment and sexual assault in ways appropriate
to an institution of higher education. The College obligates itself
to educate the campus community about sexual harassment and assault
and to cultivate a campus environment discouraging to the attitudes
and behavior that have made sexual harassment and assault epidemic
in our society. The College will investigate survivor reports
of sexual harassment or assault, adjudicate them according to
the policies of the College, and support those who are the survivors.
This policy applies to all members of the College community -
students, faculty, staff, and administration. Recognizing that
both men and women are survivors of sexual harassment and assault
and may commit such offenses, this policy is gender neutral and
applies equally to men and women of all sexual orientations.
Resource People to Contact on
Campus and Other Resources
Policy Statement and Definitions
Standard of Consent
Statement on Confidentiality
Statement Prohibiting Retaliation
Prohibition of Sexual Relationships
between Faculty and Students
Process for Addressing Sexual Harassment
Process for Addressing Sexual
Assault
Sanctions
Michigan Law
Resource People to
Contact on Campus and Other Resources
YWCA
Nurse Examiner Program
If it is within 72-96 hours of an incident, women or men who believe
they have been sexually assaulted, or may have been sexually assaulted,
are encouraged to contact the YWCA Nurse Examiner Program at 269/345-3036
for prompt, survivor-centered, culturally-sensitive, and comprehensive
treatment and forensic evaluation by specially trained nurse examiners.
According to the YWCA, the goals of the program are to provide
survivors with free medical and psychological support, ongoing
counseling and advocacy services, appropriate and accurate information
related to the criminal justice system, medical evidence through
the use of specialized equipment used by trained staff, and if
necessary, reliable expert witness courtroom testimony.
The College recognizes the importance of support and encouragement
in instances of sexual harassment and sexual assault. It is appropriate
to seek help in addressing issues, connecting with resources,
in interpreting policies and procedures, and sorting through one's
options and choices. Survivors are strongly encouraged to seek
out one of the following people for help in these tasks.
Trusted Faculty, Staff, and Administrators
One is often close to a member of the staff, faculty, or administration
- an advisor, coach, current professor, or employment supervisor.
They can provide valuable support and can help make connections
with other support systems and resources within the College.
Student Development Office, the College Counseling Center, the
College Chaplain, the College Health Center, and the Residential
Life Staff
The Student Development staff, counselors in the Counseling Center,
Health Center Staff members, the Residential Life staff, and the
College Chaplain have experience with student concerns and complaints,
can identify options, and help with decisions about appropriate
resources and responses.
| Vaughn
Maatman |
Dean
of Students |
337-7209 |
| Mary
Ellen Ashcroft |
College
Chaplain |
337-7362 |
| Jeanne
Hess |
Associate
Chaplain & Physical Educ. Associate Professor |
337-7086 |
| Karen
Joshua-Wathel |
Associate
Dean of Students & Multicultural Affairs |
337-7209 |
| Barbara
Vogelsang |
Associate
Dean of Students & Campus Life |
337-7210 |
| Patricia
Ponto |
Director
of the College Counseling Center |
337-7191 |
| Alan
Hill |
Counselor
in the College Counseling Center |
337-7190 |
| Doree
Grossman |
Counselor
in the College Counseling Center |
337-7382 |
| Counseling
Center Staff |
Interns
in the College Counseling Center |
337-7190 |
| Dana
Jansma |
Associate
Dean of Students & Residential Life |
337-7210 |
| Lisa
Ailstock |
Director
of College Health Services |
337-7200 |
| Kate
Lake |
Assistant
Dean of Students & Women's Issues |
337-7207 |
| Tim
Young |
Director
of College Security |
337-7321 |
| Residential
Life Staff |
Area
Coordinators and RA's in the Residence Halls |
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| Other
Important Resources: |
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Kalamazoo
City Police Emergency |
911 |
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YWCA
Sexual Assault 24-hour phone line |
345-3036 |
|
Borgess
Medical Center |
226-4815 |
|
Bronson
Medical Center |
341-6386 |
Policy
Statement and Definitions
Improper Sexual Conduct is prohibited. Improper Sexual Conduct
is any sexual act committed against the wishes of another person.
It can include force, either physical or psychological, but the
use of force is not prerequisite to the finding of improper sexual
conduct.
Improper sexual conduct includes, but is not limited to, the following:
| 1. |
Sexual
Harassment |
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Sexual
harassment is defined as a pattern of unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct
or communication of a sexual nature when: |
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(i)
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Submission
to such conduct or communication is made a term or condition
either explicitly or implicitly of employment, services, housing
or education, including status in a course, program or activity.
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(ii)
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Submission
to or rejection of such conduct or communication is used as
a factor in decisions affecting an individual's employment,
reception of service, housing, or participation in a course,
program or activity. |
(iii)
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Such
conduct or communication has the purpose or effect of substantially
interfering with an individual's work, housing, or performance
in a job, course, program or activity, or creates an intimidating,
hostile work, living, or educational environment (based on
EEOC definition) |
|
|
Sexual
Harassment may include, but is not limited to the following: |
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--
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threats or insinuations that lead the victim to reasonably
believe that granting or denying sexual favors will affect
her or his reputation, education, employment, advancement
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--
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repeated
phone calls and/or email message from someone who has a
crush on you, though you clearly have indicated that you
have no interest
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|
-- |
continuous
references to sexual activity and sexual terms that make you
uncomfortable |
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--
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unwelcome
and persistent sexually explicit statements or stories that
are not related to employment duties, course content, research,
or other College programs or activities |
|
-- |
repeatedly using sexually degrading words, gestures or sounds
to describe a person |
|
-- |
recurring
comments or questions about an individual's sexual preference
or behavior |
| |
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| 2. |
Sexual
Assault |
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Sexual
Assault is defined as: |
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--
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Unwanted
sexual contact: touching intimate parts of the body or the
clothing covering those body parts, or touching with intimate
parts of the body. |
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Attempted
unwanted sexual penetration. |
|
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Unwanted
sexual penetration. |
Standard
of Consent
The standard of sexual consent at Kalamazoo College includes the
following:
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Mutual
consent must be expressed by words, actions, or gestures.
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No
one who has been threatened or coerced can consent. |
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No
person who has been given alcohol or drugs through deception
or without their knowledge may give consent. |
|
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No
person who is physically helpless, impaired by alcohol, or
being in a state of diminished judgement may consent. |
|
-- |
Silence
or non-communication must never be interpreted as consent. |
|
-- |
Consent
may be withdrawn at any time during the course of a sexual
encounter. |
|
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Failure
to respect a withdrawal of consent is improper sexual conduct.
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Prohibition
of Sexual Relationships between Faculty and Students
Kalamazoo College has a policy prohibiting intimate relationships
between faculty and students. It reads:
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"The
faculty student relationship, however warm or collegial, inherently
involves disproportionate power and influence on one side
and thus is liable to abuse. A sexual relationship between
a faculty member and a student cannot only exploit this imbalance,
but inhibit the learning environment. For these reasons, it
is the consensus of the Kalamazoo College Community that sexual
relationships between Kalamazoo College faculty and Kalamazoo
College students are unacceptable and constitute personal
and professional misconduct. Such actions may be considered
adequate cause for termination under the Plan of Employment
of the Board of Trustees." (From the Faculty Handbook)
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Statement
on Confidentiality
Confidentiality
will be maintained to the extent permitted by law and to the point
that information needs to be disclosed to effectively investigate,
take appropriate steps, or keep the community safe. In instances
of sexual assault only, the College is obligated by federal law
(the Clery Act) to report the number of incidents that occur on
campus. No names are used, only a statistic. The following people
are exempt from reporting under the Clery Act.
|
Pat
Ponto |
Director,
College Counseling Center |
|
Alan
Hill |
Counselor,
College Counseling Center |
| |
Doree
Grossman |
Counselor,
College Counseling Center |
| |
Counseling
Interns |
College
Counseling Center |
|
Mary
Ellen Ashcroft |
College
Chaplain |
| |
Jeanne
Hess |
Associate
Chaplain |
|
Lisa
Ailstock |
Director
of Health Services |
Statement
on Prohibiting Retaliation
This policy prohibits retaliation against person's who report instances
of improper sexual conduct or retaliation against any person who
is involved in the investigation of improper sexual conduct. Once
the report is filed, the college will seek to protect the complainant
from retaliation acts such as loss of employment, grade changes
or misrepresentation of academic performance, and any other acts
of retaliation by the accused or anyone directly or indirectly involved
with incident.
Process
for Addressing Sexual Harassment
Resolution of First Complaint against a Student, or a Member
of the Faculty, Administration, or Staff
The Dean of Students or the College Chaplain will meet individually
with the complainant, the accused student or faculty, staff, or
administration member, and if necessary, any witnesses. This will
be done to gather information regarding the incident and to inform
community members when they are engaging in behaviors and/or activities
that are perceived as sexual harassment. The investigation will
result in one of two outcomes:
| I. |
If
an investigation results in a determination that sexual harassment
has occurred, one of the following steps will be taken: |
|
1. |
The
complainant may request that the Dean of Students or the College
Chaplain speak with the accused student, faculty, staff, or
administration member on behalf of the complainant.
OR |
|
2. |
The
complainant shall have a discussion with the accused student,
faculty, staff, or administration member mediated by the Dean
of Students or the College Chaplain. The discussion will include
assurance that the harassment will stop and development of
ways to avoid negative ramifications. OR |
|
3. |
The
complainant shall write a letter to the accused student, faculty,
staff, or administration member describing the harassing activity,
the reaction to the harassment, and request that the activity
ceases. A copy of the letter shall be retained by the complainant
and may be given to the Dean of Students. The Dean of Students
or the College Chaplain subsequently will meet with the accused
to ensure that the harassment stops and to develop appropriate
ways to avoid negative ramifications. OR |
|
4. |
The
complainant shall confront the accused student, faculty, staff,
or administration member about the harassment, explain that
the complainant has discussed the matter with the Dean of
Students or the College Chaplain, and ask that the harassment
cease. The Dean of Students or the College Chaplain subsequently
will meet with the accused to ensure that the harassment stops
and to develop appropriate ways to avoid negative ramifications. |
In
any of the preceding alternative steps to be taken, the complainant
and the accused may be accompanied by an advisor from the College
community, if they wish.
If an investigation determines that harassment has not occurred,
no further action will be taken. The complainant will be asked
to inform the Dean of Students or the College Chaplain immediately
if another incident occurs. A record that the investigation was
closed will be kept in a confidential file in the Dean of Students
office. The Dean of Students will follow-up with the student.
Right
to Send a Case Forward for a Hearing
The Dean of Students or the College Chaplain reserve the right
to send a case forward for a hearing (following the process set
forth below) should the seriousness of the incident warrant a
response beyond those outlined in the first complaint process.
Resolution
of a Second or Subsequent Complaint against a Student or a Member
of the Faculty, Administration, or Staff
Should harassment against a complainant not be stopped, should
there be retributions against the complainant, or should an investigation
of a second complaint show grounds for such a complaint, the College
Chaplain or the Dean of Students will request a hearing. In a
case of student-to-student sexual harassment, a hearing will be
conducted by the Student Conduct Hearing Panel in the presence
of the complainant student and the accused student, each of whom
may be accompanied by an advisor from the College community. A
report of the Panel's findings and recommendations will be forwarded
to the Dean of Students for implementation. The entire process
will be completed in a timely manner In a case involving a member
of the faculty, administration or staff, a hearing will be conducted
by the Harassment Hearing Panel in the presence of the complainant
and the accused. The complainant and the accused may be accompanied
by an advisor from the College community. A report of the Panel's
findings and recommendations will be forwarded to the Provost
for action. The entire process will be completed in a timely manner.
The Harassment Hearing Panel for a faculty member accused of harassment
will consist of three faculty members serving staggered five-year-terms,
appointed by the Faculty Executive Committee in consultation with
the Provost. The Hearing Panel for an administrator or staff member
accused of harassment will consist of three administrator or staff
members serving staggered five-year-terms, appointed by the Director
of Personnel in consultation with the President.
Process for Addressing Sexual Assault
Sexual
Assault Involving
a Member of the Faculty, Administration or Staff
If you are a survivor of sexual assault by a member of the faculty,
administration or staff, notify a trusted individual in the College
Community. Contact and/or penetration between a member of the
faculty, administration, or staff and a student is prohibited
and will be reported to the Provost (faculty) or Dean of Students
(administrator or staff) for follow-up and response.
Student-to-Student
Sexual Assault
A student may consult any trusted member of the College community
or anyone listed within this policy (see Resource
People to Contact). The student or the trusted member should
then refer to the Dean of Students Office for further information
regarding the process.
| 1. |
The
Dean of Students will investigate the charge. During the investigation,
you may request a new housing assignment and to have extensions
of academic requirement deadlines. Requests will be granted
as possible. When the safety of the person reporting is a
risk, restrictions will be placed on the alleged perpetrator.
|
| 2. |
A
hearing will be held under the procedures designed for sexual
assault. |
Sanctions
Improper Sexual Conduct Involving a Member of the Faculty,
Administration, or Staff
A written report of the first incident of sexual harassment will
be forwarded to the Provost (faculty) or the Director of Personnel
(Administration and Staff) for action. As a minimum, a copy of
the written report and any resulting actions will be kept in the
file of the faculty, administrator or staff member. A second incident
of sexual harassment or an incident of sexual assault may be considered
adequate cause for terminations under the Plan of Employment of
the Board of Trustees.
Student-to-Student
Improper Sexual Conduct
A written report of the first incident of sexual harassment
will be forwarded to the Dean of Students. As a minimum, a copy
of the written report and any resulting actions will be kept in
the student's file.
| -- |
Students
found responsible or who admit responsibility to harassment
or unwanted sexual contact will be subject to Level II Probation
as a minimum sanction, or suspension, or expulsion. |
| -- |
Students
found responsible or who admit responsibility to attempted
unwanted sexual penetration or unwanted sexual penetration
will be subject to expulsion. |
Additional
sanctions developed by the Hearing Panel may be combined with
any of the above sanctions.
Michigan Law
Under Michigan law, sexual assault is called "criminal sexual
conduct" (CSC). There are four degrees or categories. First and
third degree CSC are felonies. Second and fourth degree CSC are
misdemeanors. Assault with intent to commit criminal sexual conduct
is a felony. Conviction of any CSC charge can carry a substantial
prison term. However, severity of the sentencing depends on a
number of factors. These laws can be very complicated. The basics
of each of the four degrees are summarized below:
First Degree or Third Degree Criminal Sexual Conduct
Both of these crimes involve forced or coerced (without consent)*
penetration. The penetration can be vaginal, anal, or oral or
putting a finger or object into another person's anal or vaginal
opening.
Second or Fourth Degree Criminal Sexual Conduct
Both of these crimes involve forced or coerced (without consent)*
sexual contact. These include touching the groin, genital area,
inner thigh, buttocks or breasts, or the clothing covering these
parts.
Assault with Intent to Commit First Degree Criminal Sexual
Conduct
This crime is an assault where the perpetrator intended to commit
criminal sexual conduct in the First Degree.
Assault with Intent to Commit Second Degree Criminal Sexual
Conduct
This crime is an assault where the perpetrator intended to commit
CSC in the Second Degree.
*People who are drugged, incapacitated, or under the age of 16
are deemed by the law to be unable to give consent.
Important
Features of the Michigan Law
It is against the law to have sexual contact with someone against
his or her will or without consent. Sexual contact includes any
kind of deliberate physical contact (touch) with the victim's
breasts, buttocks, or genital area, as well as any kind of penetration
of the victim's body.
| -- |
The victim does not need to prove they physically resisted
during the assault. Sexual assault is defined by the actions
of the abuser. |
| -- |
During
a trial, the victim's sexual history cannot be used as evidence,
except as it directly relates to the situation/individual
on trial. |
| -- |
It is against the law to have sexual contact with someone
who is incapacitated (drunk, drugged, unconscious, and asleep)
because they cannot give consent. |
| -- |
Acquaintance
rape, stranger rape, and child sexual abuse are all covered
under this law. |
| -- |
The
law is gender neutral. Men and women can be either victims
or abusers. |
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The
law recognizes that there are different types or force used
by assailants, including coercion, threats, physical force
and weapons. |
Policy
Revised September 10, 2001.
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