Sexual Misconduct Policy

Sexual Misconduct and Harassment Policy

Statement of Intent

Georgetown College is committed to providing a working and learning environment that is free from sexual misconduct, which includes sexual harassment, sexual assault and non-consensual sexual contact. Sexual assault is a criminal offense. Georgetown College realizes colleges cannot and should not hold themselves as an alternative to the criminal justice system

It is the policy of the College that sexual misconduct in any form will not be tolerated. Georgetown College prohibits harassment and intimidation on the basis of one’s gender, race, color, religion, or national origin. Any employee or student of Georgetown College found in violation of this policy will be subject to disciplinary action by the college. This policy applies to all college-related activities both on and off campus.

The purpose of this policy is to reaffirm the college’s commitment to respect the individual and to enhance the College community’s level of consciousness regarding what constitutes harassment, sexual or otherwise. Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the College’s educational mission. In particular, the policy does not limit classroom teaching concerning sexual topics legitimately related to the content or purposes of a course, even though such topics may elicit discomfort in a class member. Nor is this policy intended to limit scholarly research, publication, or public speaking on gender-related topics.

All members of the College community, employees and students are required to promptly report conduct that could be in violation of this policy

Management and supervisory personnel, at all levels, are responsible for taking reasonable and necessary action to prevent sexual misconduct.

General Information

The College trains employees regarding sexual misconduct. The training includes sexual harassment as well as a review of the relevant College policy. All employees (faculty and staff) are required to participate in such education and training and to be knowledgeable concerning the College’s policy. Also, all management personnel receive additional training regarding their role in preventing harassment, as well as how reports of harassment are to be handled.

All members of the College community are required to comply with the policy and procedures outlined to address complaints. In addition to the procedures outlined herein, discrimination and harassment complaints may be filed with the U. S. Equal Employment Opportunity Commission or U. S. Department of Education, Office for Civil Rights. Any complaint of sexual harassment filed under the College’s policy shall be processed even if the complainant also files a complaint or suit with an outside agency, U. S. Equal Employment Opportunity Commission or U. S. Department of Education, Office for Civil Rights. Retaliation against anyone who makes a complaint or participates in the complaint process will not be tolerated.

The College will:

  1. Respond to every complaint of harassment reported,
  2. Take action to provide remedies when harassment is discovered,
  3. Impose appropriate sanctions on offenders in a case-by-case manner, and
  4. Protect the privacy of all those involved in harassment complaints to the extent it is possible.

The above actions will apply to the extent permitted by law or where personal safety is not an issue.

Definition of Terms and Examples

Sexual Misconduct

Sexual misconduct includes any non-consensual behavior of a sexual nature. Such behaviors could be committed by force, intimidation or use of victim’s incapacity (physical, mental or through use of drugs or alcohol). Sexual misconduct includes behaviors such as:

1) Sexual Harassment

2) Sexual Assault

3) Non-Consensual Sexual Activity or Contact

4) Forced Sexual Activity or Contact

5) Sexual Exploitation

Sexual Harassment

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual;
  3. Such conduct is sufficiently severe and pervasive so as to alter the conditions of, or have the purpose or effect of substantially interfering with, an individual’s work or academic performance by creating an intimidating, hostile, or offensive working or educational environment.

Sexual Assault

Sexual assault is defined as sexual intercourse or sexual contact with another person by forcible compulsion and/or without consent. Absence of protest is not consent. Acts of sexual assault include rape, oral or anal intercourse, and other sexual acts not involving intercourse to which participants are not both consenting.

Consent

Consent is an active giving of permission to engage in activity. Consent may be given through words or actions. Silence should not be interpreted as consent. Previous history does not imply consent for future activity. Likewise, consent to one activity does not imply consent to another. Consent cannot be given under pressure, force, threats, intimidation, coercion or while under the influence of alcohol and/or drugs. In order to give consent one must be of legal age and not incapacitated mentally or physically.

Incapacitation is a state where an individual cannot make a rational or reasonable decision because he/she lacks the ability or information to understand the sexual interaction to the fullest extent. Incapacitation can result from mental or physical disabilities, drug or alcohol use, physical restraints, “date-rape” drugs, or anything that effects the individual’s ability to make a clear and informed decision.


Lack of consent occurs when:

  1. A person is forced to submit.
  2. The person does not expressly or implicitly agree with the accused person’s conduct under circumstances other than forcible compulsion or incapacity to consent.
  3. A person is deemed to be incapable of consenting if he/she is less than 16 years old, is mentally challenged, suffers from mental illness, or is physically helpless or is totally incapacitated.
  4. A person is rendered temporarily incapable of appraising or controlling his/her conduct as a result of a controlled or intoxicating substance administered to him/her with or without consent.
  5. A person is unable to consent when he/she is unconscious, or for any other reason is physically unable to communicate unwillingness to act.

Examples of Sexual Misconduct

Examples of conduct prohibited by this policy include, but are not limited to:

  1. Direct or implied threats that submission to sexual advances or rejection of sexual advances will be a condition of employment, work status or assignments, promotion, grades, letters of recommendation, salary, academic standing, or receipt of financial aid;
  2. Persistent unwelcome flirtation, advances and/or propositions of a sexual nature, intimidating conduct which exerts pressure for sexual favors, including inappropriate behavior or offensive advances (e.g., sexual propositions when the other person has made it clear that they are not interested) without threat of punishment for noncompliance and without promise of reward for compliance;
  3. Repeated insults, humor, jokes, and/or stories that belittle or demean an individual’s or group’s gender, race, color, religion, or national origin, and physical conduct or verbal innuendo which, because of one’s gender, race, color, religion, or national origin creates an intimidating, hostile, or offensive environment.
  4. Repeated unwelcome comments of a sexual nature about an individual’s body or clothing.
  5. A pattern of conduct in class, in the work-place, or in the general campus environment that a reasonable person would identify as creating a sexist atmosphere; that is, an atmosphere that demeans or oppresses people simply by virtue of their gender. Examples of such patterns of conduct might include persistent denigration of women or men through sexist humor or remarks, assignment according to gender of tasks that are not gender-specific, or other activities that, by alienating or discouraging members of one sex, tend to impair their academic or professional performance or their ability to function within the community (e.g., hanging of signs which depict women/men in a derogatory manner, yelling sexist remarks from windows as women/men walk by);
  6. Behavior that would cause discomfort or humiliate a reasonable person through one or more of the following:
    1. Inappropriate touching, patting, pinching, unwanted hugging, or brushing against a person’s body,
    2. Remarks of a sexual nature about a person’s clothing or body,
    3. Remarks about sexual activity or speculation about previous sexual experience or sexual orientation, or 4) other sexually suggestive remarks or insults.

Confidentiality and Reporting

If you are the victim of sexual misconduct or aware of such an instance, we highly encourage you to report that instance so that we may help and offer resources.  There a several policies surrounding confidentially of which you should be aware when choosing a reporting avenue.

Certain staff members are not required to share your personally identifiable details with anyone unless there is a concern for your safety or the safety of others.  Other staff members may be required to share your information with a limited group of campus officials.  In these cases your information will be shared with as few people as possible and every effort will be made to maintain your privacy.  If you are unsure of a staff or faculty member’s reporting requirement, please ask.

Confidential Reporting If you would like the details of the report to be kept completely confidential, you may report the incident to any counselors or health care providers at the Student Wellness Center.  These staff members are not required to tell anyone personally identifiable details of your report unless you want them to or there is concern for your safety or the safety of others.  They can be reached at 502-863-8219.  To reach them after-hours please contact Campus Safety at 502-863-8111.

You may also contact the Rape Crisis Center 859-863-7350 or 1-800-656-HOPE

Private Reporting Other resources are available to offer support for sexual misconduct issues as well.  Faculty and staff can help direct you to these resources and offer helpful information.  If you report to a faculty member, staff member, Campus Safety Officer, student staff member (RA or RD), they are required to share that information with those individuals who are trained in sexual misconduct issues.  Your information will be shared with as few people as possible and every effort will be made to keep the details private to the fullest extent possible. 

Local Law Enforcement You may also report to the Georgetown Police Department.  They can be reached via 911 or by calling 502-863-7820.  They can assist in filing civil charges. Sexual assault is a criminal offense. Georgetown College realizes colleges cannot and should not hold themselves as an alternative to the criminal justice system.

Federal Statistical Reporting Obligations Campus officials have a duty to report sexual misconduct for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location for publication in the annual Campus Security Report.

Federal Timely Warning Reporting Obligations Victims of sexual misconduct should also be aware that college administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

Parental Notification Georgetown College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The college may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, College will contact parents/guardians to inform them of situations in which there is a health and/or safety risk. College also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.

The Investigation and Resolution Process

Georgetown College has adopted procedures to promptly and fairly address concerns and complaints about sexual harassment. Complaints may be submitted informally or formally. If a complaint implicates or involves both this policy and any other College complaint or grievance policy or procedure, the College may, in its discretion, suspend the procedures to other complaints or grievance policies pending completion of the sexual harassment complaint process.

Investigation of Complaints

Unless otherwise provided herein, responsibility for the investigation and adjudication of alleged student harassment by another student will be handled according to the Student Code of Conduct.

If you have any questions, feel free to contact Dr. Todd Gambill at 863-8004 for a personal explanation of these policies.

Sanctions

Any student found responsible for violating the policy on Non-Consensual Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.

Student Rights

Rights of the Alleged Victim

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators;
  • The right to be treated with respect by college officials;
  • The right of both accuser and accused to have the same opportunity to have others present (in support or advisory roles) during a campus accountability hearing;
  • The right not to be discouraged by college officials from reporting an assault to both on-campus and off-campus authorities;
  • The right to be informed of the outcome and sanction of any accountability hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing;
  • The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim’s desire;
  • The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community;
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Accommodations may include:

ü Change of an on-campus student’s housing to a different on-campus location;

ü Assistance from college support staff in completing the relocation;

ü Arranging to dissolve a housing contract and pro-rating a refund;

ü Exam (paper, assignment) rescheduling;

ü Taking an incomplete in a class;

ü Transferring class sections;

ü Temporary withdrawal;

ü Alternative course completion options.

ü The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;

  • The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
  • The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
  • The right to a campus restraining order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity
  • The right to appeal the finding and sanction of the Accountability Board, in accordance with the standards for appeal established by the institution;
  • The right to review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to preservation of confidentiality, to the extent possible and allowed by law;
  • The right to a hearing closed to the public;
  • The right to petition that any member of the Accountability Board be removed on the basis of demonstrated bias;
  • The right to bring a victim advocate or advisor to all phases of the investigation and campus accountability proceeding;
  • The right to give testimony in a campus hearing by means other than being in the same room with the accused student (closed circuit live audio/video is the recommended method);
  • The right to present relevant witnesses to the campus Accountability Board, including expert witnesses;
  • The right to be fully informed of Student Code of Conduct and Accountability Board policies and procedures as well as the nature and extent of all alleged violations contained within the complaint
  • The right to have the college compel the presence of student, faculty and staff witnesses, and the right to ask questions, directly or indirectly, of witnesses (including the accused), and the right to challenge documentary evidence.
  • The right to be present for all testimony given and evidence presented before the Accountability Board;
  • The right to have complaints heard by accountability officers who have received annual sexual misconduct adjudication training;
  • The right to an accountability board comprised of representatives of both genders
  • The right to have college policies and procedures followed without material deviation;
  • The right to be informed in advance of any public release of information regarding the complaint;
  • The right not to have released to the public any personal information about the complainant, without his or her consent.

Rights of the Accused

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators against the accused student;
  • The right to be treated with respect by college officials;
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services;
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • The right to an accountability hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement at the Accountability Board proceeding and to have that statement considered by the board in determining its sanction;
  • The right to appeal the finding and sanction of the Accountability Board, in accordance with the standards for appeal established by the institution;
  • The right to review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to a hearing closed to the public;
  • The right to petition that any member of the Accountability Board be removed on the basis of bias;
  • The right to have the college compel the presence of student, faculty and staff witnesses, and the right to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence.
  • The right to have complaints heard by accountability officers who have received annual sexual misconduct adjudication training;
  • The right to have college policies and procedures followed without material deviation;
  • The right to have an advisor or advocate to accompany and assist in the Accountability hearing process. This advisor can be anyone, [optional: including an attorney (provided at the accused student’s own cost)+, but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary;
  • The right to a fundamentally fair hearing, as defined in these procedures;
  • The right to a campus accountability outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to an Accountability Board comprised of representatives of both genders;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint.

Jurisdiction

These policies apply to any student, staff and employee of Georgetown College and are not affected by the location in which the sexual misconduct incident occurs.

Statute of Limitations

There is no statute of limitations on reporting sexual misconduct.  However, please be aware that services may be the most effective when incidents are reported immediately.

Policy Assessment and Dissemination

Amendments to Policy and/or Procedures

The College reserves the right to modify and/or amend any or all of this policy outlined herein at any time, in its sole discretion. In the event the College determines that circumstances warrant modification/amendment of any part of this policy, timely notice of same shall be delivered, in writing, to all relevant and affected parties.

Dissemination of Policy

This policy will be available to all employees and students.

Copies of the complete Harassment / Sexual Harassment Policies are available at the following locations:

  • The Student Life Office
  • The Student Handbook

What to do if You are a Victim

If you or someone you know sexual assault, the following procedures are encouraged:

  1. Go to a safe place.
  2. Call someone whom you trust
  3. Please consider seeing a medical professional. There are many benefits from doing so. Seek medical care at an emergency room or hospital of your choice. It is important to have a medical exam to check for physical injuries and disease, to dispense pregnancy information and prophylaxis if necessary, and to collect evidence should you decide to prosecute. You may have the exam and then decide not to prosecute.
  4. If you want to prosecute there are steps you can take to help preserve evidence. You should avoid changing clothes, bathing, douching, urinating or defecating before arriving at eh ER. Urine samples will be necessary to test for any date rape drugs. Do bring extra clothes with you, as clothing may be held as evidence.
  5. Call someone you trust:
    • A good friend or family member
    • Student Life Staff (Resident Assistant, Resident Director or Area Coordinator. The Area Coordinator on Call phone # is 502-233-1057
    • Campus Safety: 502-863-8111
    • The Student Wellness Center Counseling Services 502-863-7074
    • Rape Crisis Center 859-863-7350 or 1-800-656-4673

It may be helpful to ask for someone you trust or a staff member from Georgetown College to go with you.

We encourage you to report assault to campus authorities so we may provide you with support, assistance and resources.

Student Life

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