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Dickinson College Sexual Misconduct Policy


Document is also available as a download in pdf format. (Requires Adobe Acrobat Reader) 

Final reported version from Enrollment and Student Life Committee, November 29, 2011

Preamble

Dickinson College is a community of inquiry committed to the free exchange of ideas that foster human connection and healthy relationships. Every member of our community is equally valuable and equally valued as an individual. Every member of our community is responsible to every other, and to the entire community.

All sexual misconduct is a unique threat to the individual members of the community and to the community itself. It represents a fundamental failure by the offender to recognize and respect the intrinsic worth and dignity of other members of our community, and it will not be tolerated in any form. Dickinson defines sexual misconduct as a spectrum of conduct and responds accordingly, considering both the severity of the offense and the threat it poses to our community.

The purpose of Dickinson College's Sexual Misconduct Policy is to define the forms of sexual misconduct that violate the standards of our community, to identify resources, and to outline the College's student conduct process, including the outcomes imposed for violations of the policy. Dickinson College complies with Title IX and does not discriminate on the basis of sex in its educational programs and activities. Sexual harassment, including sexual misconduct as defined in this Policy, is a form of sex discrimination prohibited by Title IX, 20 U.S.C. §§ 1581 et seq. In addition, the College does not discriminate on the basis of sexual orientation or gender presentation in its educational programs and activities.

The College will take immediate action in all allegations of sexual misconduct to protect the safety of the community and individuals involved. The College encourages anyone who has witnessed or who has information pertaining to a potential violation of the Sexual Misconduct Policy to take an active role in reporting this behavior. All students of Dickinson College are responsible for their actions and behavior, whether the conduct in question occurs on campus or in another location. Off-campus behaviors that do, or have the potential to, adversely affect any member of the Dickinson College community or Dickinson College fall under this policy.

It is not a violation of the Sexual Misconduct Policy for someone to stand by without attempting to intervene when they have knowledge about an act of sexual misconduct that is about to take place or is taking place. At the same time, the college community makes the following clear: Bystanders have a positive, moral obligation to take any reasonable and prudent action they can to prevent or stop an act of sexual misconduct from taking place.

I. PRIVACY STATEMENT

In any report, investigation, or resolution of an allegation of sexual misconduct, Dickinson College will preserve the privacy and confidentiality interests of the individuals involved as required by applicable law.

The College encourages reporting incidents of sexual misconduct. Information regarding any incident of sexual misconduct may be shared with any employee of Dickinson College. The employee is then required to report this information to the Dean of Students Office or the Department of Public Safety, who will assist in the investigation and/or resolution of the situation. All reports of sexual misconduct will be handled in confidence to the extent allowed by law. The information reported will be shared only with those College employees who will assist in the investigation and/or resolution of the complaint. Click here for information on reporting options (link to Reporting Section).

If a report of misconduct discloses an immediate threat to the College campus community, where timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the same level of confidentiality. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to Dickinson College students, faculty, administrators, staff, or visitors.

Despite Dickinson's strong interest in having victims of sexual misconduct come forward, the College realizes not every student is prepared to report. If you are a victim of sexual misconduct but are not ready to inform the College, you are encouraged to contact the Dickinson College Wellness Center. As health professionals, the staff members of the Wellness Center are bound by separate laws of confidentiality and will not inform other members of the College of your contact under most circumstances, unless there is an imminent safety concern or as otherwise required by law.

II. RESOURCES & SUPPORT SERVICES

Dickinson College offers to any party involved in an incident of sexual misconduct assistance and non-judgmental support. Victims of sexual misconduct can expect to be treated with care and respect from the time the institution becomes aware of an incident, through the entire conduct process, and thereafter. The College understands that any party involved in an incident of sexual misconduct will have questions and may need the support of on- and off-campus services. Any party is encouraged to contact the Wellness Center, Dean of Students Staff, or Violence Prevention Coordinator for assistance and, in addition, to access the resources below.

24-Hour Resources
Dickinson Public Safety: 717‐245‐1111

One can request an officer of any gender; DPS can also assist in providing 24-hour access to Student Life & Counseling on-call teams  

Carlisle Police Department: 717‐243‐5252 or 911
Carlisle Regional Medical Center: 717‐960‐1695
Your Resident Adviser
Sexual Violence Resource Advocate: 1‐888‐727‐2877

24‐hour toll‐free YWCA hotline: 1‐888‐727‐2877

Ask for Dickinson advocate; Advocate will call back, listen and explain options.  

Daytime Campus Resources (8:30 a.m. – 4:30 p.m.)
Dean of Students: 717‐245‐1639
Violence Prevention Coordinator: 717-245-1893

Wellness Center:
Counseling Services: 717-245-1485
Health Services: 717-245-1835
Women's Center: 717‐245‐1931

Additional Information for Victims  

Reporting: Victims of sexual misconduct can be assured that all reports will be taken seriously, and that they will be treated with dignity, respect, and in a non-judgmental manner. The College provides resources to victims of sexual misconduct in making decisions, obtaining information about available resources, and assisting if she/he decides to make an official report and/or request resolution. Victims are not expected or required to pursue a specific course of action. All victims are afforded the following:

  • Notification of available on- and off-campus resources, including medical assistance, mental health counseling services, law enforcement agencies, and campus conduct options.

  • Information on their options to notify and if necessary file a complaint with proper law enforcement authorities (if other than DPS), and the option to be assisted by Department of Public Safety or other College officials in notifying such authorities, if the student so chooses.

  • The opportunity to request that the college take steps to prevent unnecessary or unwelcomed contact or proximity to a Respondent. All requests should be directed to the Dean of Students. Such measures may include housing relocation of the victim or alleged offender, the imposition of no-orders on the parties, and adjustments to course schedules to prevent contact, as determined appropriate by the Dean of Students.

  • Opportunity to report retaliation. Any concerns of retaliatory behavior should be immediately reported to DPS24 hours a day.

Students have a variety of on- and off-campus resources that can be accessed via the Dean of Students website ( http://www.dickinson.edu/student-life/resources/dean-of-students/content/Resources-for-Sexual-Assault-and-Healthy-Intimacy ). These resources also include: Sexual Assault/Rape Crisis Services of Cumberland County, S.A.F.E. (Sexual Assault Forensic Examiner) units at local hospitals, Domestic Violence Services of Cumberland and Perry Counties, Borough of Carlisle Police Department, and/or the Cumberland County Office of the District Attorney.

Investigation and resolution of sexual misconduct: The College is dedicated to upholding its Title IX obligation to assist victims of sexual misconduct by recovering and restoring their sense of self and wholeness. Victims of sexual misconduct are encouraged, but never pressured, to participate in the College's investigation and hearing process so that the facts of each situation can be explored and responsible parties held accountable for their misconduct, if warranted. Where an allegation of sexual misconduct also appears to raise the possibility of criminal behavior, such as rape or sexual assault, victims are also encouraged to pursue criminal charges against an alleged offender.

When a victim requests that a hearing not occur, the College will make every reasonable effort to comply with that request. There may be exceptional circumstances when the College determines that the continued threat of a situation warrants a hearing despite the request of a victim. The victim will never be required to participate in such a hearing process. Prior to the hearing, the victim will be contacted by the Dean of Students and/or the Title IX Officer to discuss the reasoning for the decision.

Additional Information for Alleged Offenders and/or Individuals who believe they have Committed Sexual Misconduct: Individuals who believe they may have committed sexual misconduct and/or have been alleged to have committed sexual misconduct are treated with dignity, respect, and in a non-judgmental manner. The College provides resources to these individuals to make decisions, obtain information about available resources, and assist if an official report is made. These individuals are afforded the following:

  • Notification of available on- and off-campus resources, including medical assistance and mental health counseling services.

  • The opportunity to meet with a member of the Dean of Students Staff to answer questions or concerns regarding a potential complaint.

  • The option to request a College-imposed no-contact order with other individuals involved.

  • The option to request that the College take steps to prevent unnecessary or unwelcomed contact or proximity to an alleged victim and/or accuser, if other than the alleged victim. All requests should be directed to the Dean of Students. Such measures may include housing relocation of the alleged victim, accuser, or alleged offender, the imposition of no-contact orders on the parties, and adjustments to course schedules to prevent contact, as determined appropriate by the Dean of Students. 

  • Opportunity to report retaliation. Any concerns of retaliatory behavior should be immediately reported to DPS, 24 hours a day.

III. POLICY DEFINITIONS & VIOLATIONS

Sexual Misconduct is the overarching term used by the College to identify the conduct that constitutes sexual harassment by individuals or organizations that is prohibited by Title IX. For all individuals who are part of the Dickinson College community, sexually harassing conduct that is sufficiently severe, pervasive, and objectively offensive as to substantially disrupt or undermine a person's ability to participate in or to receive the benefits, services, or opportunities of the college is prohibited when such conduct substantially interferes with an individual's educational performance, or equal access to the college's resources and opportunities; or such conduct creates an intimidating, hostile, or abusive educational environment. The College recognizes that anyone can be a victim or offender regardless of sex, gender, or gender identification. This policy is utilized by Dickinson College to comply with Title IX and to respond promptly to reports of potential sexual harassment violations, including sexual violence. Violations of the College's definition of sexual harassment as set forth above include:
Violations  

  • Sexual Assault : Having or attempting to have non-consensual sexual intercourse with another person. Sexual intercourse includes an act of oral, vaginal, or anal penetration, however slight, with an object or body part by any individual upon another person.  

  • Non-Consensual Sexual Contact : Having or attempting to have non-consensual, non-accidental contact of a sexual nature with another person. Sexual contact can include, but is not limited to, touching or kissing another individual.

  • Sexual Coercion : The use of, or attempt to use, pressure and/or oppressive behavior, such that the application of such pressure or behavior causes the person who is the object of the pressure or behavior to engage in unwelcomed sexual activity. Coercion can take the form of pressure, threats, intimidation, or the use of physical force, either expressed or implied, which places a person in fear of immediate harm or physical injury. Coercion can also take the form of pressure to consume alcohol or other drugs prior to engaging in a sexual act.

  • Sexual Exploitation : An act or acts attempted or committed by a person for sexual gratification, financial gain, or advancement through the abuse or exploitation of another person's sexuality. Examples include observing individuals without consent, non-consensual audio- or videotaping of sexual activity, unauthorized presentation of recordings of a sexual nature, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmittable infection or virus without his or her knowledge.

  • Stalking : A course (more than once) of non-consensual conduct directed toward another person that could be reasonably regarded as likely to alarm, harass, or cause reasonable fear of harm or injury in that person, or in a third party, such as a roommate or friend. The feared harm or injury may be to physical, emotional, or mental health, to personal safety, to property, to education, or to employment. Stalking may include, but is not limited to, unwelcomed and repeated visual or physical proximity to a person, repeatedly conveying oral or written threats, extorting money or valuables, implicitly threatening physical conduct, or any combination of these behaviors directed at or toward a person.

  • Cyber-stalking : A particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcomed contact with another person in an unsolicited fashion. Some examples of cyber-stalking include, but are not limited to, unwelcomed/unsolicited emails, instant messages, and messages on on-line bulletin boards. It also includes, but is not limited to, unsolicited communications about a person, their family, friends, or co-workers, or sending/posting unwelcomed and unsolicited messages with another username.

  • Harassing Conduct : Intentionally targeting an individual or group with conduct that (1) is unrelated to any legitimate educational purpose, (2) could reasonably be regarded as so severe, persistent, or pervasive as to interfere with or limit the victim's ability to participate in or benefit from the experience of being a student at Dickinson, and (3) is related to the targeted individual or group's sex, sexual orientation, or gender presentation. Harassing Conduct may occur in a single egregious instance or may be the cumulative result of a series of incidents and may include, but is not limited to, acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, sexual orientation, or gender presentation, even if those acts do not involve conduct of a sexual nature, as prohibited by Title IX.

Dickinson recognizes that Harassing Conduct related to an individual's sex, sexual orientation, or gender presentation can occur in conjunction with conduct related to an individual's race, color, ethnicity, national origin, religion, age, or disability. Targeting individuals on the basis of these characteristics is a violation of the College's Community Standards. In these situations, the College will usually address, at the investigation and resolution stages, the Harassing Conduct related to the targeted individual's sex, sexual orientation, or gender presentation together with the conduct related to the targeted individual's race, color, ethnicity, national origin, religion, age, or disability.

  • Retaliation : Acts or attempts to retaliate or seek retribution against anyone involved in or connected to an allegation and/or resolution of sexual misconduct.

  • Complicity :  Assisting, facilitating, or encouraging the commission of a violation of the Sexual Misconduct Policy. 

Other Definitions 

  • Advisor : A member of the community each party has selected to help prepare for the hearing who may accompany the party that he or she is assisting to the hearing. An advisor must be a current student, faculty member, or staff member of Dickinson College. This person must not have a law degree, cannot be a parent/guardian of any student involved, and cannot speak on behalf of the respondent or complainant during the hearing. The Dean of Students Office keeps a list of trained advisors who can serve for any party. If the selected advisor is not trained, he/she must meet with the Dean of Students or his/her designee for training prior to the hearing.

  • Character Witness : An individual(s) attesting to the character of either the complainant or respondent. Character witnesses provide information in written form for use by a hearing panel in the sanctioning phase of a hearing, if there is a sanctioning phase. A character statement must be requested by the party it is written to support.

  • Complainant : An individual who invokes the College's investigation and resolution process to determine if the sexual misconduct policy has been violated and identifies him or herself as a victim of the alleged misconduct. In some circumstance, the College may assume the role of complainant.

  • Consent : Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent consists of an outward demonstration indicating that someone has freely chosen to engage in sexual activity. In the absence of an outward demonstration, consent does not exist. Consent is informed, knowing, and voluntary. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in sexual activity. Consent is not effective if it results from the use of physical force, intimidation, coercion, or incapacitation. If a sexual act is occurring and physical force, intimidation, coercion, or incapacitation develops, there is no longer consent.

Prior to engaging in any sexual activity, each participant should ask himself or herself the question "Has the other person consented?" If the answer is "no," or "I'm not sure," then consent has not been demonstrated and does not exist. Silence or the lack of resistance does not demonstrate consent. Relying on non-verbal communication can lead to misunderstandings. The responsibility of obtaining consent rests with the person who wishes to engage in sexual activity. Students who initiate sexual activity should be able to explain the basis for their belief that consent existed.

Consent to engage in sexual activity may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease. A previous sexual relationship, and/or current relationship with a partner, may not, in themselves, be taken to imply consent. Use of alcohol or drugs shall not diminish one's responsibility to obtain consent, and does not excuse conduct that constitutes sexual misconduct under this policy. 

  • Impact Statement : A statement written by a complainant in a sexual misconduct hearing that outlines how s/he has been impacted by the events in question. The panel reviews impact statements only after an affirmative decision has been made by a hearing panel regarding responsibility for the violation(s) in question. Impact statements can be used to assist the hearing panel in determining the most appropriate sanctions under the circumstances.

  • Incapacitation : The inability, temporarily or permanently, to give consent, because someone is mentally and/or physically helpless, unconscious, or unaware due to drug or alcohol consumption (voluntarily or involuntarily), or for some other reason. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Incapacitation means a person does not have the ability to give consent. Some indicators of incapacitation may include, but are not limited to, vomiting, being unconscious, or being unable to communicate for any reason.

  • Offender : Any student who has harmed another student through an act or acts of sexual misconduct. Students are not referred to as offenders prior to a determination of responsibility being made by the College under the Sexual Misconduct Policy.

  • Parties : A term referring collectively to the complainant and respondent.

  • Past Sexual History : Any sexual behavior of any individual involved in a sexual misconduct incident. Past sexual history of a complainant or respondent is not relevant in determining responsibility in an incident of alleged misconduct and is not allowed to be discussed during the hearing except as described under Prior Misconduct.

  • Prior Misconduct : Any finding of responsibility for Sexual Misconduct or Dishonesty related to accusations of sexual misconduct. Where the respondent's past sexual history has resulted in an affirmative determination of a similar violation of the Sexual Misconduct Policy or the complainant has been found responsible for Dishonesty related to accusations of sexual misconduct, that history is deemed relevant to the present situation. If the panel is unable to determine responsibility based solely on the information available regarding the violation in question, a discussion regarding such prior misconduct may be permitted by the hearing panel during deliberations.

  • Reporter of Sexual Misconduct : An individual who notifies the College that a violation of the sexual misconduct policy may have occurred.

  • Respondent : Any individual(s) or organization(s) alleged to have violated the sexual misconduct policy and against whom a complaint has been brought to the attention of the College.

  • Respondent Statement : A statement written by the Respondent to be read by the hearing panel if a decision is made that the Respondent is responsible for violations of the Sexual Misconduct Policy. The panel reviews the respondent statement only after an affirmative decision has been made by a hearing panel regarding responsibility for the violation(s) in question. Respondent statements can be used to assist the hearing panel in determining the most appropriate sanctions under the circumstances.

  • Sexual Activity : Conduct that occurs with the intent and/or result of arousal. Sexual activity may include, but is not limited to, an act of oral, vaginal, or anal penetration, however slight, with an object or body part, touching or kissing of another individual, or activities that increase sexual arousal.  

  • Student : Any student enrolled at Dickinson College at the time of the alleged sexual misconduct. For the purposes of this policy, student status begins when a student has accepted an offer for admission to Dickinson College and ends when the student has graduated, withdrawn, been expelled, or otherwise separated permanently from the College.

  • Title IX : Title IX refers to the Educational Amendments of 1972 (Title IX), 20 U.S.C. §§1681 et seq., and its implementing regulations, 32 C.F.R. Part 106, which prohibit discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. Dickinson College is required to comply with Title IX. Sexual harassment of students, which includes acts of sexual misconduct described in this policy, is a form of sex discrimination prohibited by Title IX.

  • Title IX Officer : A senior administrator at the College appointed by the President to ensure Dickinson College complies with Title IX who can be contacted by any member of the Dickinson community with questions. The Title IX Officer is the Special Assistant to the President on Institutional and Diversity Initiatives. The office is currently held by Joyce Bylander. She can be contacted with questions regarding Title IX compliance via e-mail at bylander@dickinson.edu or by phone at 717-245-1411.

  • Victim : Any individual who has been harmed by an act or acts of sexual misconduct .  

  • Witness : Any individual who has seen, heard, or otherwise knows or has information about a violation or attempted violation of the Sexual Misconduct Policy.

IV. REPORTING OPTIONS

Dickinson's response to sexual misconduct allegations is pursued in three stages: report, investigation, and resolution. At each of these stages, the College is committed to maintaining fairness for all parties and to balancing the needs and interests of the individuals involved with the safety of the community as a whole.

Victims of sexual misconduct are encouraged to report. When reporting an allegation of sexual misconduct, victims have four options: (1) informing the College without pursuing any further resolution, including the College's Sexual Misconduct Policy hearing process or the criminal justice system; (2) invoking the College's Sexual Misconduct Policy hearing process but not the criminal justice system; (3) invoking the criminal justice system but not the College's Sexual Misconduct hearing process; (4) invoking both the College's Sexual Misconduct hearing process and the criminal justice system. (Note: Invoking the criminal justice system is an option only if the conduct may have violated the law).

Dickinson College encourages victims to pursue criminal action for alleged behaviors that may also be crimes under Pennsylvania law. The College, through the Department of Public Safety, will assist a victim in making a criminal report and will cooperate with local law enforcement agencies if the victim decides to pursue the criminal process to the extent permitted by law. Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this Policy, criminal investigations are not determinative of whether sexual misconduct, for purposes of this Policy, has occurred. In other words, conduct may constitute a violation under this policy even if law enforcement agencies decline to prosecute or if a respondent has been found not guilty in the legal system.

Statement on Amnesty : The College encourages reporting and seeks to make the procedures for reporting transparent and straightforward. The College will generally not seek to hold any student reporting sexual misconduct accountable for his/her own violations of the Community Standards in which the reporting party may have been involved at or near the time of the event, provided that any such violations did not and do not place the health and safety of any person at risk. This means that students reporting sexual misconduct will generally not face disciplinary action due to those violations (e.g. underage drinking). However, if a reporter is to be held accountable for his/her own misconduct, such violations will be reviewed in conduct proceedings separate from the sexual misconduct proceedings.

Individuals are encouraged to report alleged sexual misconduct immediately in order to maximize the College's ability to respond promptly and effectively. Dickinson College does not limit the timeframe for reporting. If any party involved in a complaint is no longer a student, the College will still take steps to meet its Title IX obligation by taking steps to end the behavior, prevent its recurrence, and address its effects.  If the accused individual is no longer a student, that step cannot involve a hearing. Reports can be made in the following manner:

Option 1: Informing a designated Dickinson College employee: The Dean of Students and the Director of Public Safety are the primary administrators at the College charged with ensuring reports are investigated and resolved. Students may file a complaint directly with either the Dean of Students or the Director of Public Safety. 

If information regarding an incident of sexual misconduct is shared with an employee of Dickinson College, the employee is required to report this information to the Dean of Students or Director of Public Safety, who will assist in the investigation and/or resolution of the situation. Victims have the option to share as much or as little information as they are comfortable disclosing, and the College will keep the information private. Once it is disclosed, the employee will share the details, including any individuals identified, with the Dean of Students or the Director of Public Safety. The information will be shared only with those College employees necessary to assist in the investigation and/or resolution of the complaint. All reports of sexual misconduct will be handled in confidence, to the extent allowed by law. Generally, the Dean of Students and/or DPS will contact the victim as the first step in their investigation. Trained Title IX Deputy Officers who can also offer assistance are available in the following offices: 

  • Department of Public Safety

  • Dean of Students

  • Director of Physical Education and Athletics

  • Provost and Dean of the College

  • Vice President of Human Resource Services

In every situation reported, the College, with the assistance of the Department of Public Safety, will make an immediate assessment of any risk of harm to individuals or to the campus community and will take measures necessary to address those risks.

Option 2: Reporting to Department of Public Safety (DPS) and other law enforcement agencies: Victims can choose to make a report directly to the Department of Public Safety. DPS will notify the Dean of Students. DPS will then investigate the incident in a manner that ensures fairness to all parties involved, and, together with the Dean of Students, take those measures necessary to provide for the safety of the individual and of the College community.

Victims also have the option of reporting directly to an outside law enforcement agency. To the extent permitted by applicable law, Dickinson College will cooperate with outside investigators. However, outside law enforcement agencies do not respond to Title IX violations, and will only respond to allegations of criminal behavior. As a result, the College encourages reporting to both the College itself – through either DPS or any other office listed in Option 1 – and to an outside law enforcement agency, if the alleged sexual misconduct may also be a crime.

Because the goals and objectives of the College's Sexual Misconduct Policy differ from those of the civil and criminal justice systems, in situations which give rise both to violations of the Sexual Misconduct Policy and to violations of local, state or federal law, student conduct proceedings generally move forward without regard to pending civil or criminal proceedings. Proceedings under the College's Sexual Misconduct Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. On-campus adjudication does not preclude or limit a student's access to the state and federal justice systems.

If a victim reports sexual misconduct committed by an individual who is not a member of the College community, the victim can speak with the Dean of Students and DPS to discuss options such as contacting other law enforcement authorities and/or removing the individual(s) from campus. If an individual accused of violating the sexual misconduct policy is a guest, the host may be held accountable for his or her guest's behavior.

Option 3: Anonymous reporting: Anonymous reports of sexual misconduct can be made to DPS at http://www.dickinson.edu/student-life/campus-safety/public-safety/content/Anonymous-Tips/ . The amount of information detailing the alleged incidents or identifying the alleged individual(s) responsible will determine the College's ability to react to an anonymous complaint.

No retaliation : An individual reporting sexual misconduct will not face conduct repercussions and is entitled to protection from retaliation for a report that is made in good faith, even if it is determined that the information was wrong or cannot be proven.  

False accusation : A good-faith complaint that results in a finding of not responsible is not a false or fabricated accusation of sexual misconduct. The College takes the validity of information very seriously. A fabricated accusation of sexual misconduct is an especially serious violation of the Dishonesty provision of the Community Standards.

V. PROCESS FOR INVESTIGATING REPORTS OF SEXUAL MISCONDUCT

Dickinson is committed to providing all members of the College community with a safe place to live and learn. Consistent with this priority, the College will investigate all allegations of sexual misconduct. Any individual may bring an allegation under the Sexual Misconduct Policy and trigger an investigation of sexual misconduct.  

The College's responsibility to investigate all allegations of sexual misconduct exists regardless of whether that investigation culminates in a hearing and exists independently of the criminal justice process. The investigation process will be thorough, prompt, and impartial.

In every case, an investigation will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, the investigation may continue depending on a variety of factors, such as the request of the complainant and the risk to the individual or campus community.

In investigating allegations of sexual misconduct, the College will collect information relevant to the report. This includes, but is not limited to, statements and physical evidence. Investigations may also include consideration of prior allegations of, or findings of responsibility for, sexual misconduct by the alleged offender.

The first step of an investigation will usually be a preliminary interview by the Department of Public Safety and/or the Dean of Students with the reporter of sexual misconduct. If a student does not wish to pursue resolution of any potential violations of the Sexual Misconduct Policy through the hearing process, the College will use the information gathered to evaluate, and if necessary, provide for, the safety of the College campus community. All College investigations will take place in compliance with applicable laws and college policies, including laws and policies pertaining to student privacy and confidentiality. If a hearing has been requested, the investigator will collect all relevant information for the hearing panel for its consideration and evaluation (see Addendum III: Investigation Recommendations).

The College will also take appropriate interim measures to protect the parties involved. This can include, but is not limited to, the imposition of No-Contact Directives or Interim Separation. The Dean of Students, or his/her designee, may limit a student or organization's access to certain College facilities or activities pending resolution of the matter. In other cases, the Dean of Students, or his/her designee, may place a student or organization on interim separation in response to a report of sexual misconduct where that misconduct poses an ongoing risk of harm to the safety or wellbeing of an individual or members of the campus community. Pending resolution of the situation, the student or organization may be denied access to campus. During interim separation, a student may continue his/her coursework as outlined in the interim separation letter. When Interim Separation is imposed, the College will make reasonable efforts to complete the investigation and hearing (but not appeal), where a hearing is required, within two weeks of the interim separation beginning. [See Section D for Subcommittee Recommendations on Investigation Section ]

VI. PROCESS FOR RESOLUTION

The resolution of sexual misconduct allegations takes three forms, which correlate to the type of process pursued.

No Hearing 

Where a hearing will not take place, the College will inform, in writing, the student and the alleged offender (if s/he is aware of the allegation and investigation) when the investigation has concluded.
Voluntary Resolution
Voluntary resolution will be utilized only when the Dean of Students or his/her designee has determined this is a suitable option for resolving the concern, and both the complainant and respondent agree to use the process. Sexual assault allegations cannot be resolved using this process; they must go to a panel hearing. Voluntary resolution is used in situations where, based upon the conduct at issue, the likely outcome in a panel hearing would not alter a student's or an organization's status with the College. Amicable and respectful discussion must be honored by all parties throughout the process.

One or more of the following remediation options may be utilized as part of the voluntary resolution process: restorative conferences with a college community member or conflict mediation. Regardless of which option is used, the success of voluntary resolution requires that the meeting(s) include honest and candid dialogue, input from the parties involved, an acknowledgement and understanding of responsibility by the parties involved, and a resolution that is agreed upon by all participants. The resolution achieved in each situation will be based upon the specific incident under consideration.

Because the outcomes of voluntary resolution conversations are mutually developed and agreed upon by parties involved, an appeal of the process and its result is not permitted. If the parties are unable to agree on the outcomes of the voluntary resolution proceeding, any party may request that the matter be resolved through the panel hearing process. No statements made during the voluntary resolution process may be used during the hearing panel proceedings. However, if information is shared that clearly suggests that this Policy's definition of sexual assault has been violated, then the voluntary resolution process must end immediately and the hearing panel process initiated. The statements made in the voluntary resolution proceeding may not be used in the panel hearing.

Panel Hearing Process  

For all other allegations of sexual misconduct, a panel hearing is utilized. The Assistant Dean of Students or his/her designee makes a preliminary determination of whether a student and/or organization may have violated the Sexual Misconduct Policy and/or any other College policies based upon the investigative report and materials submitted by the investigator, usually the Department of Public Safety.  

A sexual misconduct hearing panel is also empowered to hear allegations of, and to impose sanctions for, any violations of the Dickinson College Community Standards directly related to the alleged incident of sexual misconduct.

In any hearing the complainant and respondent have the right to be assisted by an advisor.

When a hearing is deemed necessary, the Assistant Dean of Students or his/her designee will contact the complainant and respondent and ask each party, together with his/her advisor, to meet individually to receive an explanation of the panel hearing process and to ask any questions before the hearing occurs. If the respondent and/or complainant have elected to have advisors throughout the hearing process, they are encouraged to accompany them to this initial meeting. At that meeting, each party will have an opportunity to strike up to two members from the hearing panel pool. Parties may petition to have additional panelists removed provided they can demonstrate that a potential for bias exists.

Once both parties have met with the Assistant Dean or his/her designee, and the investigation is completed, a notice letter is sent to the complainant and the respondent. The letter provides both parties with a statement of the policy violation(s) that are alleged to have taken place and a summary of the facts underlying the allegations. In addition, the letter also provides a student or organization with the date, time, and place of the hearing, as well as the name(s) of the person(s) hearing the case.

All parties will be notified to pick up copies of hearing documents from the Dean of Students Office no later than forty-eight (48) hours before the hearing is to begin. If either party wishes to call witnesses, the following must be submitted no later than thirty-six (36) hours before the hearing to the Assistant Dean of Students via e-mail or in hardcopy format:

  • the names of any witnesses that either party intends to call,

  • a written statement and/or description of what each witness observed, if not already provided during investigation,

  • a summary of why the information they have is relevant to making a decision of responsibility at the hearing.

The Assistant Dean of Students will determine if the witnesses have relevant information. If witnesses are approved to be present, the respondent and complainant are provided with a list of witnesses and any relevant documents related to their appearance at the hearing no later than twenty-four (24) hours before the hearing. All parties have the opportunity to ask questions of witnesses, regardless of who called them to the hearing.

Panel Composition:
Sexual misconduct violations will be reviewed by a hearing panel. The hearing panel consists of three members of the College community: a student, a faculty member, and an administrator. The individuals who serve as panelists are chosen from a pool of eligible panel members. The various members of the pool are chosen as follows:

  • Student: Student members of the hearing panel pool are nominated by members of the College community and apply to the Dean of Students Office. They are then interviewed by the Dean of Students Office and, if approved, advanced for confirmation by Student Senate.

  • Faculty: Faculty members of the hearing panel pool are elected by the faculty.

  • Administrator: Administration members of the hearing panel pool are selected and appointed by the Dean of Students Office.

  • Administrative Coordinator: The administrators playing this role is appointed by the Dean of Students Office for each hearing, and whenever possible will be the Assistant Dean of Students. This individual will not be a voting member of the panel, but will meet with all involved parties prior to the hearing, be present during the hearing, serving as a resource for the hearing panel on issues of policy and procedure, and see that policy and procedure are appropriately followed throughout the hearing.

All hearing panelists, individuals managing a voluntary resolution process, and appellate officers must participate in training on non-discrimination, harassment, and the proper adjudication of sexual misconduct allegations. The training will be coordinated by the Dean of Students Office in conjunction with campus and external partners. The training includes, but it not limited to, burden of proof, standard of proof, questioning parties and witnesses, assessing credibility and relevance of information, determining consent, determining incapacitation, victim/offender behavior, and sanctioning.

Participants in Hearing Procedures: The individuals from our community who may appear before a hearing panel are: the complainant, the respondent, any individuals serving as advisors, and any individuals who appear as witnesses. The complainant, respondent, and panel all reserve the right to call witnesses. Witnesses must have observed the acts in question or have information relevant to the incident and cannot be participating solely to speak about an individual's character.

Hearing Procedures: All parties involved in a hearing are required to keep the information learned in preparation for the hearing and at the hearing confidential. No copies of documents provided are to be made or shared with any third parties. All copies provided must be returned to the College at the conclusion of the hearing and any appeals. Any breach of this duty is subject to further disciplinary action by the College.

A hearing will be called to order by the chairperson, who generally will be an administrative representative of the 3-person hearing panel. The chairperson will explain the hearing process and will provide an opportunity to all parties to ask procedural questions prior to initial statements being made and the presentation of information beginning.

 The complainant will present information prior to the respondent and is encouraged to provide all pertinent information to the panel regarding the incident in question. Relevant information supporting the violation(s) alleged may be offered in the form of written statements, documents, items, or oral information from the complainant and witnesses. As the complainant presents his/her own account of the events, the respondent is encouraged to compile a written list of questions that s/he wants to have answered by the complainant. The list will be provided to the chairperson, and the hearing panel will determine the relevance of the questions. The chairperson will ask the complainant those questions deemed relevant, as well as any questions developed by the panel. A similar process will be followed for each witness offered by complainant.

After the complainant is finished, the respondent will be given an opportunity, and is encouraged, to provide all pertinent information available in support of his/her position regarding the alleged violation(s). Information contesting the facts or violation(s) alleged, or the information presented, may be offered in the form of written statements, documents, items, or oral information from respondent and witnesses. As the respondent presents his/her own account of the events, the complainant is encouraged to compile a written list of questions that s/he wants to have answered by the respondent. The list will be provided to the chairperson, and the hearing panel will determine the relevance of the questions. The chairperson will ask the respondent those questions deemed relevant, as well as any questions developed by the panel. A similar process will be followed for each witness offered by the respondent.

Parties and other individuals who offer information at a hearing are expected to respond honestly, and to the best of their knowledge, without guessing or speculating to questions presented by the hearing panel. The panel reserves the right to recall any party or witness in the Sexual Misconduct hearing process for further questions and to seek additional information necessary to make a decision. The panel may consider a prior finding of responsibility against the Respondent, which indicates a pattern of behavior that is alleged to exist in the incident under review.

Once all the information has been presented, everyone will be dismissed from the hearing room so that the hearing panel may deliberate in private. The Administrative Coordinator is not an active member of deliberations but can answer questions during the panel's deliberations. The hearing panel must reach a decision on responsibility by majority vote. The vote itself shall not be shared with the parties. Respondent statements and impact statements will be reviewed once a decision is made on responsibility. The parties will be advised only of the decision on responsibility. Panel hearings are audio-recorded, but the deliberations of the panel are not. The audio recording is created for two limited purposes only: for reference by the hearing board or officer during deliberations and for review by the appellate officers during an appeal. No other recordings of conduct proceedings are allowed, and no other access to the recordings is permitted. The audio recording is destroyed promptly following the conclusion of all applicable proceedings under the Sexual Misconduct Policy, including all appeals.

Attendance at Hearings & Special Provisions: If a party does not attend a hearing, for any reason other than an emergency, the hearing may be held in his/her absence. Either party can request to have a hearing rescheduled. Requests to reschedule must be submitted to the Assistant Dean of Students at least two business days prior to the hearing. Requests must come directly from the individual receiving a notice letter.

If a hearing must be held at or after the end of the semester and a full hearing panel cannot reasonably be convened, those cases may be heard by three trained sexual misconduct panelists from the pool of trained sexual misconduct hearing officers.

Complainants can expect the following:

  • The right to notice of violations of the Sexual Misconduct Policy against the respondent, (including for the respondent the identity of the alleged victim), as well as the date, time, and location of hearing (if applicable) where responsibility will be determined.

  • Access to all relevant documents and written statements to be presented as evidence at least 24 hours in advance of any student conduct hearing.

  • The option to seek legal advice, but not to have a lawyer present at the hearing.

  • The opportunity to be assisted by an advisor.

  • The opportunity to object to the inclusion of a member of the hearing panel.

  • The opportunity to have a confidential conduct hearing in which the College will endeavor to keep all details of the hearing confidential including the names of the complainant, respondent, and witnesses.

  • The opportunity to ask questions of the complainant/respondent via the panel.

  • The opportunity to ask questions of the complainant's/respondent's witnesses via the panel.

  • The opportunity to participate in person, or by other suitable means that would not require physical proximity to the respondent. This can include, but is not limited to, partitioning a hearing room or using technology to facilitate participation. Alternatives to physical presence in the room of the hearing may not work to the disadvantage of the respondent.

  • The opportunity to be present while the respondent responds to the alleged violations.

  • A hearing that does not discuss past sexual history.

  • The opportunity to be present for the entire duration of the hearing, except for deliberations.

  • Notification in writing of the outcomes of the student conduct hearing and/or appeals.

  • The opportunity to provide an impact statement to be read by the hearing panel if the panel determines that the Respondent is responsible for violations of the Sexual Misconduct Policy.

  • The opportunity to provide character witness letters to the panel to be read by the hearing panel if the panel determines that the Respondent is responsible for violations of the Sexual Misconduct Policy

  • The opportunity to appeal the initial hearing outcome if grounds for appeal are met.

Respondents can expect the following:

  • The right to notice of violations of the Sexual Misconduct Policy against the respondent, (including for the respondent the identity of the alleged victim), as well as the date, time, and location of hearing (if applicable) where responsibility will be determined.

  • Access to all relevant documents and written statements to be presented as evidence at least 24 hours in advance of any student conduct hearing.

  • The option to seek legal advice, but not to have a lawyer present at the hearing.

  • The opportunity to be assisted by an advisor.

  • The opportunity to object to the inclusion of a member of the hearing panel.

  • The opportunity to have a confidential conduct hearing in which the College will endeavor to keep all details of the hearing confidential including the names of the complainant, respondent, and witnesses.

  • The opportunity to ask questions of the complainant/respondent via the panel.

  • The opportunity to ask questions of the complainant's/respondent's witnesses via the panel.

  • The opportunity to respond to the alleged sexual misconduct violations before the panel renders a decision.

  • The opportunity to see, hear, or otherwise observe the complainant and all witnesses appearing at the hearing against him/her during all questioning, statements and exchanges with the hearing panel.

  • The assumption during the hearing that the respondent is not responsible until all information has been submitted and has been considered by the panel.

  • A hearing that does not discuss past sexual history.

  • The opportunity to be present for the entire duration of the hearing, except for deliberations.

  • Notification in writing of the outcomes of the student conduct hearing and/or appeals.

  • The opportunity to provide an impact statement to be read by the hearing panel if the panel determines that the Respondent is responsible for violations of the Sexual Misconduct Policy.

  • The opportunity to provide character witness letters to the panel to be read by the hearing panel if the panel determines that the Respondent is responsible for violations of the Sexual Misconduct Policy

  • The opportunity to appeal the initial hearing outcome if grounds for appeal are met.

VII. RESOLUTION OUTCOMES

Consistent with the U.S. Office of Civil Rights requirements, the hearing panel will determine a respondent's responsibility by a preponderance of the evidence. This means that the panel will decide whether it is "more likely than not," based upon the information provided at the hearing, that the respondent is responsible for the alleged violation(s). If it is determined that a violation has occurred for which the respondent is responsible, the panel will determine sanctions taking into account past disciplinary action for which the respondent has been found responsible.

Hearing panels that find a student or organization responsible for a violation of the Sexual Misconduct Policy and/or Community Standards will impose appropriate sanctions that may include, but are not limited to, those set forth below. Sanctions may be issued individually, or a combination of sanctions may be imposed. The determination of sanctions is based upon a number of factors, including: the harm suffered by the victim; any ongoing risk to either the victim or the community posed by respondent; the impact of the violation on the community, its members, or its property; any previous conduct violations; and any mitigating or aggravating circumstances.

In appropriate cases, a panel may determine that student misconduct was motivated by bias, insofar as a victim was selected on the basis of his or her race, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age or disability. Where the panel determines that student misconduct (such as stalking, property damage, trespass, etc.) was motivated by bias, the panel may elect to increase the sanction imposed as a result of this motivation. See Table 1, below, for a list of violations and the range of possible sanctions.

Possible Sanctions   

  • Warning: Notice to a student or organization that continuation or repetition of conduct found to be in violation of the Sexual Misconduct Policy and/or Community Standards may result in further disciplinary action.

  • Housing Restriction(s): Housing restrictions include, but are not limited to , restricted access to any or all parts of residence halls, the loss of room selection/lottery privileges, the loss of off-campus lottery participation, relocation to another residence hall facility, requirement to move on- or off-campus, as appropriate at an individual's own expense, removal of guest privileges, and/or restriction from specific housing options.

  • Assessment and Treatment: Referral to the Wellness Center or approved off-campus agency for assessment and/or treatment. This includes, but is not limited to, counseling for sex offenders, for sexual awareness and sensitivity, for substance use, for anger management, and for violence risk.

  • Restrictions on Participation or Use: Restrictions on participation include the revocation, or the loss for a stated period of time or under a stated set of conditions, of a student's ability to participate in certain College-approved activities, including, but not limited to, varsity sports, clubs, organizations (including but not limited to Greek organizations), or leadership positions with such sports, clubs, and organizations. Restrictions on use include the denial of access to or use of certain College facilities, programs, or equipment for a stated period of time or under a stated set of conditions.

  • Probation: A specified period of time requiring maintenance of exemplary conduct. Further violations during this time may result in more serious sanctions than are imposed in the absence of probationary status. During a probationary period, the terms imposed on an organization will also be binding on its members.

  • Stayed Suspension: A student or organization on stayed suspension has been found responsible for conduct that warrants suspension from the College. In the exercise of its discretion, Dickinson College has determined to withhold immediate imposition of suspension and to allow the individual or organization to remain on campus, usually with additional terms of compliance. If a student or organization is found in violation of any aspect of the Sexual Misconduct Policy and/or the Community's Standards or of terms of compliance during the period of the stay, the stay on this suspension may be lifted and the suspension will become effective immediately, resulting in separation from the College for the remainder of the suspension period. In addition, any other sanctions for the new violation(s) will be imposed. During a period of stayed suspension, the terms imposed on an organization will also be binding on the members of the organization.

  • Suspension from the College: A student suspended from the College may not participate in classes or other College activities and may not be on College property (except by appointment, arranged in advance with the Provost/Dean of the College or the Dean of Students or one of their designees) for the period of time specified in the notice of suspension. Suspension extending beyond the semester in which action is taken shall consist of units of full semesters, and/or summer sessions. In no case shall the suspension terminate prior to the end of a semester. Courses taken at another institution during this period of suspension will not be accepted for transfer at Dickinson. Conditions for resuming active status on campus following suspension may be imposed by the College. A sanction of immediate suspension will go into effect within 24 hours of receipt of the outcome letter unless otherwise noted in the outcome letter and shall remain in effect throughout any appeal process. An organization that is suspended shall be required to forfeit its ability to conduct group-sponsored activities or to participate in College-sponsored activities, and any College support for the organization will be withdrawn, during the period of suspension.

  • Revocation or Withholding of Diploma and Degree: If a student has graduated from Dickinson College, or otherwise satisfied the requirements for earning a degree, before violations of the Sexual Misconduct Policy are discovered or before a determination of violations is complete, the College reserves the right to revoke the diploma and/or degree conferred, or to withhold the conferring of a degree or diploma otherwise earned for a specified period of time or indefinitely.  

  • Expulsion: For an individual, permanent termination of student status, which includes exclusion from any Dickinson College property, College sponsored, or College affiliated events. A person expelled from the College is denied the rights and privileges of inclusion in the Dickinson College community both as a student and as an alumnus. Expulsion will go into effect within 24 hours of receipt of the outcome letter unless otherwise noted in the outcome letter, and shall remain in effect throughout any appeal process. For an organization, permanent termination of the organization's relationship and status with the College, which includes termination of access to facilities, funding, and/or right to assemble as an organization on College property and at College-sponsored or affiliated events. An organization expelled from the College is denied the rights and privileges of inclusion in the Dickinson College community as an organization. 

  • Other: Such other sanctions as may be appropriate in the judgment of the College.

The College identifies the following as standard sanctions for violating the Sexual Misconduct Policy when a formal hearing is utilized. These standard sanctions are specific to the student's status at the institution. Students found responsible for sexual misconduct via the formal hearing process can expect to have additional sanctions to assist in his/her learning and/or the safety of the campus and victim. In cases where the Voluntary Resolution Process is used, lesser sanctions may be appropriate but must be agreed upon by all parties.

Notice of Hearing Panel   

The hearing panel will communicate the result of the hearing and any sanction(s) to the respondent and the victim. Generally, the outcome of the hearing will be final and communicated to the parties within five (5) business days from the date the hearing concluded and will be provided in writing.

Table 1: Violations and standard range of sanctions

Violation  

Standard Sanction Range  

Sexual Assault  

One-Year Suspension to Expulsion

Non-Consensual Sexual Contact  

Probation to Expulsion

Sexual Coercion  

Probation to Expulsion

Harassing Conduct  

Warning to Stayed Suspension

Sexual Exploitation  

Probation to Expulsion

Stalking  

Probation to Expulsion

Cyber-Stalking  

Probation to Expulsion

Retaliation  

Probation to Expulsion

Complicity  

Warning to Stayed Suspension

VIII. APPEALS PROCESS

Hearing panel decisions can be appealed by either party within three (3) business days from the time of notification of the decision by the Dean of Students Office. The appeal may be based only on one or more of the following grounds:

  • Procedures set forth in the Sexual Misconduct Policy were not followed;

  • The sanctions imposed were excessively harsh or excessively lenient for the violation*;

  • New or relevant information, not available at the time of the hearing, has arisen.

*If an appeal is based on excessive harshness or leniency, the outcome of the appeal outcome must still be within the outlined range for the violation  

Appeals must be in writing and submitted to the Assistant Dean of Students. The appeal shall consist of a plain, concise, and complete written statement expounding on the grounds for the appeal. The Dean of Students or his/her designee shall determine whether grounds for appeal have been met. If they have, the appeal will be heard by a panel of three new hearing panelists comprised of a student, administrator, and faculty member. When an appeal has been submitted, the Dean of Students will notify both parties. All parties will be notified by the Dean of Students in writing if the appeal is scheduled. The non-voting Administrative Coordinator may or may not be the same as on the original panel.

The appeals panel shall consider the merits of an appeal only on the basis of the information provided in the written request for appeal and the record of the original hearing. Appellate panels or officers can affirm the original findings, alter the findings, and/or alter the sanctions, depending on the basis of the requested appeal. If new and relevant information is presented and the appeal panel deems this information so significant that the hearing needs to be reopened, the appeal panel will ask the original panel to reconvene to consider the information and render a determination after considering the new facts. If the appeal is based on procedures not having been followed, and the appeal panel deems that information to be clear and convincing, the appeal panel can ask that a new hearing occur comprised of a new panel of hearing officers.

In cases where the sanction alters the status of the student or organization, the panel may request to meet with the hearing officers, respondent, and/or the complainant to seek clarification of the hearing record only. Any decision of the appeals panel shall be made by majority vote. The vote itself shall not be shared with the parties. The parties will be advised only of the decision on responsibility. The appeals panel must be persuaded to act by clear and convincing reasons. All appeals panel decisions are final, with the exception of cases of expulsion.

The appeal panel will communicate the result of the appeal to the respondent and the victim within five (5) business days from the date the hearing concluded and will do so in writing. Appeal decisions are final. In cases where expulsion is the sanction recommended by either the hearing panel and/or the appeals panel, the respondent may appeal the decision of the appeal panel to the President. The President, or his or her designee, shall conduct the final appeal. The appeal must be in writing, addressed to the President of the College, and be delivered to the Dean of Students Office within three (3) business days from the time of notification of the decision by the appeals panel.

The appeal may be based only on the grounds that (1) procedures set forth in the Sexual Misconduct Policy were not followed by the appeals board, (2) the sanctions imposed by the appeals board were excessive for the violation, or (3) new or relevant information, not available at the time of the hearing, has arisen.  

If an appeal must be held at or after the end of the semester and/or a full appeal panel cannot reasonably be convened, those cases may be heard by two or more trained sexual misconduct hearing panelists.

IX. STUDENT RECORDS & CONFIDENTIALITY

All resolution proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and College policy. No information shall be released from such proceedings except as required or permitted by law and College policy.

It is generally the policy of Dickinson College to obtain consent from a student before releasing to parents information from a student's education record, including the disciplinary proceedings of the College. However, where in the judgment of the College the release of such information to parents is appropriate and is not otherwise prohibited by FERPA or other applicable laws, the College reserves the right to release information without student consent. The College's complete FERPA policy may be found in the Student Handbook.

Voluntary resolution is an administrative proceeding, and matters resolved through this method of informal resolution are not part of a student's conduct file, subject to the exception noted in the Community Standards.

Affirmative findings of responsibility in matters resolved by the panel hearing process are part of a student's conduct record. If a student has been found responsible for violating the Sexual Misconduct Policy by the panel hearing process, all records of matters addressed by informal or voluntary resolution shall be transferred to and become a part of a student's conduct record. Such records shall be used in reviewing any further conduct, or developing sanctions, and shall remain a part of a student's conduct record.

Generally suspension, expulsion, and withdrawal pending disciplinary action are permanently noted on a student's transcript. The conduct files of students who have been suspended or expelled from the College are maintained in the Dean of Students Office for no fewer than five years after their departure from Dickinson. In most cases, conduct files of students who have not been suspended or expelled are destroyed upon their graduation. Further questions should be directed to the Assistant Dean of Students. Records of disciplinary action involving organizations (other than stayed suspension, suspension or expulsion) are destroyed after five (5) years.

Students who declare an interest in studying abroad through the Center for Global Study and Engagement are subject to a conduct record check. Information that will be shared with the Office of Global Education includes, but is not limited to, determination of sexual misconduct violations. It is within the sole discretion of the College, through the Office of Global Education, to determine whether a student who has violated College policy is eligible to study abroad. Consideration and qualification for study abroad are not disciplinary determinations but may be affected by a student's disciplinary record.

Reporting to the College Community

The Dean of Students Office will report to the Dickinson Community at the middle and end of fall and spring semesters any incidents of sexual misconduct. That report will include violations, findings, and sanctions imposed. No identifying information of any party involved will be shared in the report except for the gender and year of the student found responsible for violating the Sexual Misconduct Policy. The report will be included in the Student Development administrative report for the faculty in November, February, April and September of each year.