Disciplinary Procedures for Sexual Harassment, Domestic Violence, Dating Violence, or Stalking

Effective Date

Monday, September 1, 2014

Office of Primary Responsibility

Sexual Respect

Summary of Policy

Disciplinary Procedures for Sexual Harassment, Domestic Violence, Dating Violence, or Stalking by Students and Student Organizations

Affected Parties

All Students

Policy Statement

Introduction; Statement of Policy

Dartmouth College (“Dartmouth” or “the College”) is firmly committed to maintaining an educational environment in which sexual and gender-based harassment, and other forms of sexual misconduct discussed below (collectively, “sexual misconduct”) are not tolerated, and in which persons reporting sexual misconduct are provided support and avenues of redress. When sexual misconduct is brought to its attention, Dartmouth will take prompt and appropriate action to end the misconduct, prevent its recurrence, and address its effects.

In accordance with Title IX of the Education Amendments of 1972 (“Title IX”),1 the federal law that prohibits discrimination on the basis of sex in federally funded educational programs and activities, and the Campus Sexual Violence Elimination (“Campus SaVE”) Act, which, among other things, requires educational institutions to investigate and respond to reports of Sexual and Gender-based Harassment, Domestic Violence, Dating Violence and Stalking, this policy is designed to provide for the prompt, effective, fair, equitable and impartial investigation and resolution of complaints of such conduct against Dartmouth College Students and Student Organizations (as defined below).2

Students who engage in Sexual Harassment, Domestic Violence, Dating Violence, or Stalking, as defined below, are subject to disciplinary action up to and including permanent separation (i.e., expulsion). Students are also subject to disciplinary action for Aiding, Abetting, or Inciting any of these forms of misconduct, and for Retaliation, as both are defined below, for reporting or participating in an investigation under this policy.

Please Note: This policy does not govern complaints of sexual assault. Procedures for the investigation and resolution of complaints against students for sexual assault and retaliation for reporting or participating in investigations of sexual assault are addressed in the Unified Disciplinary Procedures for Sexual Assault by Students and Student Organizations.

As with other types of misconduct, student organizations may be held responsible for misconduct under this policy if the conditions for collective responsibility under the College’s Group Accountability Statement are present.

This policy and its procedures will apply to all complaints against Students for Sexual Harassment, Domestic Violence, Dating Violence, or Stalking or for reporting or participating in investigations of such conduct, whether made by students, faculty, staff, or third parties, and will take precedence over any other Dartmouth College policies and procedures with respect to such complaints.3

This policy and its procedures supplement, and do not replace, the criminal justice system. Furthermore, pursuant to a Memorandum of Understanding between Dartmouth College and the Hanover Police Department, Dartmouth is required to report to the police department certain alleged crimes, including some forms of Sexual Harassment, Domestic Violence, Dating Violence, or Stalking, which occur in Hanover and constitute a felony under New Hampshire law. If the victim reports an alleged crime to Dartmouth, but wishes to remain anonymous, their name and identifying information will be withheld from the information provided to the police department, unless Dartmouth is required by law to report the information. All persons have the right to pursue Sexual Harassment, Domestic Violence, Dating Violence, or Stalking complaints outside of the process provided by the College, and are encouraged to use law enforcement agencies, including the Hanover Police Department, as applicable, regardless of whether they choose to pursue recourse through this policy. 

Notice of Non-Discrimination

Dartmouth College is committed to the principle of equal opportunity for all its students, faculty, employees, and applicants for admission and employment. For that reason, Dartmouth does not discriminate on the basis of race, color, religion, sex, age, sexual orientation, gender identity or expression, marital status, national origin, disability, military or veteran status in access to its programs and activities, and in conditions of admission and employment.

Dartmouth is dedicated to establishing and maintaining a safe and nondiscriminatory educational environment in which all individuals are treated with respect and dignity. Dartmouth does not discriminate on the basis of sex or gender in its educational, extracurricular, athletic, or other programs or in the context of employment. Sexual Harassment and Retaliation are forms of sex and gender-based discrimination prohibited by Title IX, a federal law, which provides that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Dartmouth designates the Title IX Coordinator/Clery Compliance Officer (“Title IX Coordinator”) as the individual charged with coordinating efforts to comply with Title IX. The Title IX Coordinator addresses and oversees the investigation and resolution of all complaints related to sexual and gender-based harassment, including Sexual Misconduct and Assault, Sexual Harassment, Domestic Violence, Dating Violence, or Stalking involving students, faculty, staff, visitors, and vendors. As detailed in this policy, the Title IX Coordinator is available to meet with any person to provide information about resources, interim measures and options for investigation and resolution under this policy:

Heather Lindkvist
Title IX Coordinator/Clery Act Compliance Officer
6004 Parkhurst Hall, Room 009
Hanover, NH 03755-3541
(603) 646-0922
[email protected]

Inquiries or complaints concerning the application of Title IX may be referred to the Title IX Coordinator and/or the United States Department of Education:

United States Department of Education
Office for Civil Rights, Region I
5 Post Office Square, 8th Floor
Boston, MA 02109-3921
(617) 289-0111
Fax: (617) 289-0150 | TDD: (800) 537-7697
[email protected]

_____

1 20 U.S.C. §1681 et seq.

2 The Campus SaVE Act amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and reauthorized the Violence Against Women Act. This policy only addresses the requirements related to the disciplinary procedures, which respond to reports of Sexual Harassment, Domestic Violence, Dating Violence, or Stalking, as defined above.

3 Complaints of sexual misconduct against faculty members are governed by the policies administered by the Office of Institutional Diversity and Equity www.dartmouth.edu/~ide/policies/ and the Agreement Concerning Academic Freedom, Tenure, and Responsibility of Faculty Members. www.dartmouth.edu/~dof/pdfs/ofdc.pdf. Complaints of sexual misconduct against staff members and third parties are governed by the policies administered by the Office of Institutional Diversity and Equity www.dartmouth.edu/~ide/policies/ and the Office of Human Resources www.dartmouth.edu/~hrs/pdfs/Sexual_Harassment.pdf. The Title IX Coordinator will oversee complaints against faculty members or staff.

Definitions

A. “Aiding, Abetting, or Inciting” means participating in, soliciting, directing, or assisting in Sexual Harassment, Domestic Violence, Dating Violence, or Stalking.

B. “Clery Act” means the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

C. “Campus SaVE Act” means the reauthorization of the Violence Against Women Act of 2013, which modified the Clery Act.

D. “Reporting Person” means:

  1. a person who alleges that another person violated this policy; or
  2. a person who alleges that a Student Organization is responsible for a violation of this policy under the College’s Group Accountability Statement.

Any person — regardless of race, color, religion, sex, age, sexual orientation, gender identity or expression, national origin, disability, or military/veteran status — may be a Reporting Person. A Reporting Person need not be a Dartmouth student, faculty member, or staff member.

E. “Responding Person” means:

  1. a Student accused of Sexual Harassment, Domestic Violence, Dating Violence, or Stalking; aiding, abetting , or inciting such conduct; or Retaliation; or
  2. a Student Organization accused of violating this policy under the College's Group Accountability Statement.

Any Student — regardless of race, color, religion, sex, age, sexual orientation, gender identity or expression, national origin, disability, or military/veteran status — may be a Responding Person.

F. “Retaliation” means engaging in conduct that may reasonably be perceived to

  1. adversely affect a person's educational, living, or work environment because of their good faith participation in the reporting, investigation, and/or resolution of report of a violation of this policy; or
  2. discourage a reasonable person from making a report or participating in an investigation under this policy.

Retaliation includes but is not limited to: acts or words that constitute intimidation, threats or coercion intended to pressure a person to drop or support a complaint under this policy or to provide false or misleading information in connection with an investigation; and pressuring a person to participate or refrain from participating as a witness in an investigation under this policy. Retaliation may constitute a violation of this policy even when the underlying report made in good faith did not result in a finding of responsibility.

G. “Sexual Harassment” includes any of the following behaviors:

  1. Hostile Environment – unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature when the conduct is sufficiently severe or pervasive to deny or limit the victim’s ability to participate in or benefit from Dartmouth’s educational programs or benefits by creating an intimidating or hostile environment.
  2. Quid Pro Quo – unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education, living environment, employment, or participation in a College-related activity or program.
  3. Threats/Intimidation of a Sexual Nature – conduct of a sexual nature, which reasonably would be expected to have the effect of threatening or intimidating the person at whom such conduct is directed.

H. “Dating Violence” includes violence committed by a person:

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • the length of the relationship.
    • the type of relationship.
    • the frequency of interaction between the persons involved in the relationship.

I. “Domestic Violence” – Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the crime occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction where the crime occurred.

J. “Stalking” occurs when a person engages in a course of conduct or repeatedly commits acts toward another person, under circumstances that would:

  1. Place the person in reasonable fear for safety, or of harm or bodily injury to self or others; or
  2. Reasonably cause substantial emotional distress to the person.

A course of conduct refers to a pattern of behavior of two or more acts over a period of time that can be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals who are not known to one another.

K. “Student” means an individual enrolled as an undergraduate student in any educational program at Dartmouth, whether or not currently in attendance. Conduct by a Student in the course of the person’s work as a Dartmouth employee is subject to this policy and may also form the basis for decisions concerning the individual’s employment.

L. “Student Organization” means a recognized Dartmouth student organization, group or team including but not limited to those devoted to academic, athletic, cultural, Greek life, leadership, pre-professional or other student activities.

Last Revised

Monday, September 1, 2014