Sexual Misconduct Policy

In the introduction to Union’s Sexual Misconduct Policy, there is significant reference to many of the values emphasized in Union’s mission statement. Union highlights “self-discovery and awareness” (1) and “freedom of expression” (1). However, in a community with such values, Union stresses the importance of “mutual respect” for others (1). Furthermore, Union emphasizes that it is not a place where sexual discrimination of any kind is tolerated. Union describes sexual assault as something that “diminishes, uses, [and] abuses other individuals” (1). Thus, sexual misconduct directly interferes with the values of the College. Union also highlights the importance of bystander intervention. Union describes the College’s expectation that if students

From there, Union will provide appropriate comfort to victims. Meanwhile, they will carry out a “review of the conduct under Title IX of the Education Amendments of 1972” (2). Following a thorough investigation, Union holds a closed hearing, which “the complainant, the respondent, any individual serving as an approved Advisor, and any individuals appearing as witnesses” (41) can attend. After the hearing, the Judicial Board members will issue their decision within three business days. The Judicial Board reaches this decision by examining a “respondent’s responsibility by a preponderance of the evidence” (44), meaning that the “Judicial Board will decide whether it is ‘more likely than not,’ based upon all of the relevant information” (44) if the respondent is responsible for the accusation. If the respondent is found responsible, the Senior Associate Dean of Students/Director of Student Conduct will decide the student’s punishment, which will likely be suspension or expulsion, depending on the severity of the

Union emphasizes that “silence or lack of resistance” (12) does not establish consent. Union states that consent can be expressed through “words or actions” (12). Consent is the same regardless of gender and sexual orientation. Union also establishes some exceptions to the broad definition of consent. These deviations include that consent can be “withdrawn at any time” (12). In addition to that, the policy states that consent “cannot be given if a person is incapacitated” (12). The latter notion is much more complex. Incapacitation includes if a person is asleep, but also extends to individuals who are under the influence. If a person is under the influence, “depending on the degree of intoxication,” (12) such person cannot consent. Therefore, if an individual is extremely drunk, they are unable to consent. This notion is important, as binge-drinking and high levels of intoxication can sometimes lead to misinterpreted indicators of consent, which could lead to sexual assault. Fortunately, Union has a detailed sexual misconduct policy and definition of consent to prevent such incidents, and deal with them if they