Sexual Misconduct Policy
Student's Bill of Rights
All Roberts Wesleyan College students who report conduct allegedly in violation of the College’s Sexual Misconduct and Title IX Compliance Policy or invoke the processes described in this Policy have the right to:
- make a report to local law enforcement and/or state police;
- have disclosure of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- be protected from retaliation by the College, any student, the accused and/or the Responding Party, and/or their friends, family, and acquaintances within the jurisdiction of the College;
- access to at least one level of appeal of a determination;
- be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or Responding Party throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- exercise civil rights and practice of religion without interference by the investigative, criminal justice or judicial or conduct process of the institution.
Title IX Regulations
Alcohol and/or Drug Use Amnesty
A Complainant, bystander, or witness acting in good faith that discloses any incident of domestic violence, dating violence, stalking, sexual harassment or sexual assault to College officials or law enforcement will not be subject to the College’s Student Code of Conduct policy for violation of the alcohol and/or drug use policies occurring at or near the time of the act of domestic violence, dating violence, stalking, sexual harassment, or sexual assault.
The health and safety of every student at Roberts is of the utmost importance. The College recognizes students who have been drinking and/or using drugs (whether the use is voluntary or involuntary) at the time that violence occurs may be hesitant to report incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, sexual harassment, or sexual assault to College officials.
Title IX Definitions
Jurisdiction- Title IX applies to Sex Discrimination defined as conduct:
- On the basis of sex,
- That occurs within the College’s Education Program or Activity,
- Within the United States, and
- a College Employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (Quid Pro Quo);
- unwelcome conduct that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s Education Program or Activity (Hostile Environment):
- Sexual Assault; Dating Violence; Domestic Violence; or Stalking.
Education Program or Activity- Locations, events or circumstances over which the College exercised substantial control over the Respondent and the context in which the conduct allegedly constituting Title IX Sex Discrimination occurred. Education program or Activity includes any building owned or controlled by the College and/or by a student organization that is officially recognized by the College.
Employee- Faculty, staff, administrator, and any other individual employed by the College in any capacity or role, except an Employee does not include the College Employee who is also enrolled as a full-time student of the College.
Sexual Assault- Any conduct that would constitute a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sexual Assault includes the following Prohibited Conduct:
- Rape (Except Statutory Rape) - the carnal knowledge of a person, without the Consent of the person, including instances where the person is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical incapacity. “Carnal knowledge” means contact between the penis and the vulva or the penis and the anus, including penetration of any sort, however slight.
- Sodomy - oral or anal sexual intercourse with another person, without the Consent of the person, including instances where the person is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Sexual Assault with An Object - to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of the person, including instances where the person is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Fondling - touching of the private body parts of another person for the purpose of sexual gratification without the Consent of the person, including instances where the person is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Incest - nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape - nonforcible sexual intercourse with a person who is under the statutory age of consent.
Title IX requires that the College use this definition, from 20 U.S.C. 1092 (f)(6)(A)(v).
Dating Violence- Violence committed by a person: (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and, (b) where the existence of such a relationship shall be determined by (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Title IX requires that the College use this definition, from 34 U.S.C. 12291(a)(10).
Domestic Violence- Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state, 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 state. Title IX requires that the College use this definition, from 34 U.S.C. 12291(a)(8).
Stalking- engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (a) fear for their safety or the safety of others; or (b) suffer emotional distress. Title IX requires that the College use this definition, from 34 U.S.C. 12291(a)(30).
Consent- Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate Consent. The definition of Consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any Party does not necessarily constitute Consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot Consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to Consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When Consent is withdrawn or can no longer be given, sexual activity must stop.
This definition is required by New York State Education Law Article 129B.