Student Life

To report a campus crime or sexual assault/misconduct issue:

• Dan Daigle, Director of Public Safety: 207-801-5690
• COA Emergency Line: 207-288-9001
• Student Life Emergency Phone: 207-266-5890
• Interim Title IX Coordinator, Zach Soares, 207-801-5663 (for sexual assault/misconduct issues)

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College of the Atlantic Sexual Misconduct Policy

COA complies with the Title IX changes that went into effect on August 14, 2020. Our Title IX Policy compliant with final rule changes is linked at the bottom of this page. Any report of behavior that meets the definitions in COA’s Title IX Policy will be addressed using that policy. Other behavior will be addressed using the Sexual Misconduct Policy

 The college’s stance

Members of the College of the Atlantic community, guests, and visitors have the right to be free from sexual misconduct and violence. This policy is intended to define community expectations, to establish definitions to aid in determining when behavior violates these expectations, and to outline the options available in response to sexual misconduct. It is our expectation that each individual will exhibit the respect, consideration, and responsibility that would prohibit sexual misconduct. Further, while we expect that individuals engaging in any kind of sexual activity will communicate clearly with each other, it is the responsibility of the person(s) pursuing sexual activity to ensure that she/he/they have the consent of any partner(s). An instance of sexual misconduct is a violation of the rights of the individual as well as a significant betrayal of the fundamental trust and values of our community. COA believes that rape, unwanted sexual contact, intimate partner violence, sex- or gender-based stalking, sexual harassment, and sexual exploitation are unacceptable and therefore sexual misconduct will not be tolerated.

The College will regard all reports of sexual misconduct as worthy of earnest response. It is our goal to provide prompt, effective, and sensitive assistance to anyone requesting support as a result of sexual misconduct. This includes taking action to protect community members from harm, to impose serious disciplinary consequences to ensure misconduct is not repeated, and to educate our community appropriately. The college will strive to empower people who have experienced sexual misconduct regarding decisions about notification, medical or other services, legal or campus action, and other matters. Previous behavior on the part of the person bringing a complaint (attire, intoxication, previous sexual history, etc.) will never be considered as grounds to justify sexual misconduct.

Included in this policy are:

• Definitions relevant to the policy
• Consequences of violating the policy
• College response options for support and action
• Confidentiality, notification, education, and training

Language

COA recognizes that there is much discussion about appropriate terminology- victim or survivor. While we recognize the awkwardness of the construction, we have chosen to use “victim/survivor” in this document when describing resources available to those who report misconduct in recognition that each person should have the right to determine the language that best describes where they are in the process of coming to terms with what they have experienced. Where we are outlining our policy and procedure for addressing complaints, we use the term complainant for the person who has reported experiencing misconduct and respondent for the person(s) named in the complaint.

Scope

This policy covers incidents or behavior that occur on campus (including farms and islands), off-campus, on COA-sponsored trips or programs in which one or more of the parties are members of the COA community.

Definitions

For the purposes of this policy the following definitions are used:

Consent

Consent is unambiguous, voluntary, and knowing agreement demonstrated by positive and active participation and cooperation between partners prior to and during a sexual encounter for any kind of sexual activity. Consent can only be given by a person with the capacity to do so and who has not been forced into doing so.

The following are offered to further understanding of the definition of consent:

• Consent can be given by word or action, but verbal consent is usually the clearest.
• Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity or the same activity again.
• Silence—without actions clearly demonstrating permission–cannot be assumed to show consent.
• Previous sexual encounters with or prior consent from the same partner(s) cannot be assumed to imply consent to future sexual acts.
• Consent given prior to or during an encounter does not preclude consent being withdrawn later in that same encounter.
• Consent needs to be obtained each time partners engage in sexual activity.
• Under this policy, “No” always means “No,” and “Yes,” if produced while a person is being coerced or does not have the capacity to consent, may not always mean “Yes.”

Sexual misconduct

Sexual misconduct offenses include but are not limited to the following each to be defined further: Sexual Harassment, Sexual Exploitation, Sex- or Gender-Based Stalking, Intimate Partner Violence (Dating Violence and Domestic Violence), Sexual Assault—Unwanted Sexual Contact, Sexual Assault—Rape (or the attempt to commit such actions).

Sexual harassment

• is unwelcome gender-based verbal or physical conduct
• that is sufficiently severe, persistent or pervasive
• that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from COA’s educational program, work environment, and/or activities
• and is based on the creation of a hostile environment, retaliation or quid pro quo.

Note: The following behaviors are prohibited at COA and may also be covered in this policy if they are sex or gender-based:

Bullying: defined as repeated and/or severe aggressive behavior that a reasonable person would find is likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).

Sexual exploitation

Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

Sexual exploitation includes, but is not limited to:

• Invasion of sexual privacy.
• Prostituting another student.
• Non-consensual video, audio, or any other methods of recording of sexual activity.
• Non-consensual distribution of any form of recording of sexual activity.
• Non-consensual digital or online sexual behavior.
• Engaging in voyeurism without the consent of the parties having sex.
• Knowingly transmitting an STI or HIV to another student.
• Exposing one’s genitals in non-consensual circumstances.
• Inducing another to expose their genitals.

Sex or gender-based stalking

Sex or gender-based stalking is defined as repetitive and/or menacing pursuit, following, harassment, contact, and/or interference with the peace and/or safety of a member of the community on the basis of sex or gender; or the safety of any of their immediate family members.

Sexual assault—unwanted sexual contact

Sexual assault—unwanted sexual contact is any intentional sexual touching, however slight, with any body part or foreign object, by a person upon another person regardless of gender, that is without consent and/or by force.

Sexual contact includes:

• Intentional contact with the breasts, buttock, groin, or genitals.
• Touching another with any of these body parts.
• Making another touch you or themselves with or on any of these body parts.
• Any intentional bodily contact in a sexual manner that doesn’t involve contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Sexual assault—rape

Sexual assault—rape is any sexual intercourse however slight, with any body part or foreign object, by a person upon another person regardless of gender, that is without consent and/or by force.

Intercourse includes vaginal sex, anal sex, and oral sex, no matter how slight the penetration or contact.

Incapacity

Incapacity is the lack of ability to consent resulting from mental disability, sleep, lack of consciousness, involuntary physical restraint, alcohol intoxication, or from the consumption of drugs including but not limited to rohypnol, ketomine, GHB, burundanga, etc. Learn more information on these and/or other drugs/substances.

NOTE: Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to consent if they lack the capacity to reasonably understand the situation. Understanding is demonstrated by knowledge of who, what, when, where, why, or how. In situations where alcohol or drug use are involved, if one person is incapable of functioning and the other, capable of functioning, takes advantage or exploits the first person’s incapacitation—there is no consent.

Administering drugs to another person for the purpose of reducing inhibitions, gaining or rendering a person incapable of giving consent is a violation of this policy.

Force

Force is the use of physical violence and/or the imposition on someone physically to gain sexual access and can also include threats, intimidation (implied threats) and coercion that overcome resistance or produce consent. The absence of resistance does not imply the absence of force.

NOTE: The use of physical force including partner (domestic or dating) violence, constitutes a stand-alone non-sexual offense as well, as it is our expectation that those who use physical force (restraint, battery, etc.) would face consequences not just for sexual misconduct, but also additional consequences for assaultive behavior. Similarly, emotional abuse used to control, isolate, or manipulate another person constitutes misconduct for which additional consequences can be imposed.

Coercion

Coercion is when one person is pressured unreasonably for and/or manipulated into sex and is clearly distinct from seduction. Coercing someone into sexual activity violates that person’s agency and autonomy and this policy in the same way as physically forcing someone into sex.

Retaliation

Retaliation is any adverse action directed against a person as a result of that person making a complaint, participating in an investigation, or being part of the resolution of a complaint of discrimination or sexual misconduct. Behaviors deemed retaliatory could be the basis for a separate complaint.

Consequences of violating the sexual misconduct policy

The misconduct hearing process is detailed in a separate policy. However it is relevant to include here that COA never assumes a community member is in violation of COA policy without due process. Hearings are conducted to take into account all evidence available, from all relevant sources.

In addressing sexual assault and other forms of sexual misconduct, not just those acts that would meet a criminal standard, COA aims to uphold our community expectations of respect, the right to autonomy, and a campus environment that is safe for all.

Not all forms of misconduct covered in this policy will be deemed to be equally serious offenses, and COA reserves the right to impose different consequences, ranging from verbal warning to expulsion/employment termination, depending on the severity of the offense.

That said, the following are offered as guidelines for hearing boards when addressing complaints of sexual misconduct:

• Any student/employee found responsible for violating the policy on sexual harassment or sexual exploitation, or sex- or gender-based stalking will likely receive a recommended consequence ranging from warning to expulsion/employment termination, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
• Any student/employee found responsible for violating the policy on Intimate Partner Violence (Domestic Violence and Dating Violence) or Sexual Assault—Unwanted Sexual Contact (where no intercourse has occurred) will likely receive a consequence ranging from probation to expulsion/employment termination, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
• Any student/employee found responsible for violating the policy on Sexual Assault—Rape will likely face a recommended consequence of suspension or expulsion/employment termination.

Those responsible for determining consequences for a person(s) found responsible for a policy violation may ask the complainant for an impact statement to aid in their determinations.

The person reviewing a request for appeal should follow the range of recommended consequences unless compelling justification exists to do otherwise.

COA will consider the concerns and rights of both the person bringing a complaint of sexual misconduct and the person accused of sexual misconduct when addressing sexual misconduct complaints. The procedure for addressing complaints under this policy is designed to provide fundamental fairness to all parties. Resources are available to all parties as appropriate to assist them through the process of addressing a complaint. This includes a provision that all parties have an advisor of their choosing present at any meeting related to a complaint.

Response

COA will work with anyone who has experienced sexual misconduct to make accommodations and offer appropriate services. COA reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect community members’ rights and safety. Options available to victims/survivors may include but are not limited to changes to housing or work situations, changes to course or work schedules, access to medical and counseling services including transportation, limited or no contact agreements with persons involved, and campus disciplinary procedures, as well as assistance in accessing legal options including reporting misconduct to the police. COA may also choose to institute interim suspension from campus pending a hearing when appropriate.

Amnesty

Any person, who in the course of seeking support for being sexually assaulted, admits to a violation of COA policy will be granted amnesty and will not face disciplinary action or consequences for that policy violation (ex. underage drinking or use of illegal drugs).

Options for support and pursuing action

When seeking support or reporting sexual misconduct, all parties should be aware of confidentiality, privacy and reporting requirements in order to make informed choices. Different people on campus have different reporting responsibilities and different abilities to maintain confidentiality, depending on their roles at COA and upon COA policy. Individuals are encouraged to ask questions about a person’s ability to maintain confidentially or to maintain privacy, before consulting and are reminded that they do not have to share any information that they do not wish to share when seeking support.

To seek confidential support

Individuals wishing to maintain absolute confidentiality can seek support from COA mental health counselors and nurses, from other mental health practitioners or clergy in town, or from our community partners working with victims/survivors of sexual assault. Campus counselors are available to help you free of charge. These people can offer you confidentiality, discuss options and offer advice without any obligation to tell anyone unless you want them to do so.

To seek support and have personally identifiable information remain private

Individuals can seek support and or advice from most college employees (faculty members, advisors, RAs, student life staff, etc ) and have their private, personally identifiable information shared only with the Title IX Coordinator or their designee (unless there is cause to fear for the individual’s safety, or the safety of others). College employees will be required to report some basic information (name of complainant, date, location, category of misconduct/crime, potential for danger, name of respondent if known). The sharing of this information is to help the Title IX Coordinator to determine if there is a pattern of behavior or repeated instances of misconduct that need to be addressed to protect the safety of the community as a whole. This information will only be shared as necessary with as few people as possible, and all efforts will be made to protect the complainant’s privacy. Any person reporting who does not wish to be contacted by or speak with the Title IX Coordinator or their designee is not required to do so, except in situations where the report reveals a possible threat to the complainant or other members of the community. Information about available resources and support will be shared with the complainant through the employee with whom the complainant shared the initial report.

To take action and make a formal complaint (non-confidential)

In order to begin a disciplinary process, leading to possible administrative action and/or an investigation and a resolution that can end in the consequences described in the appropriate section above, individuals are encouraged to make a formal complaint to the Title IX Coordinator. Formal reporting means that only people who need to know will be told, and information about the complainant will be shared only as necessary with investigators, witnesses, and the accused individual.

Delegation of authority to determine procedure for addressing complaints

The Student Life Committee has responsibility for determining the procedure for implementing this policy. Minor changes to the procedure will be made by the committee and reported out to the community. If the committee deems a change to be a major revision, then it will consult with the community and other appropriate groups or experts for input. The committee will then make a recommendation for review by the community as a whole before changes will take effect.

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Education and Information Sharing

Informing the COA community and federal statistical reporting obligations

In accordance with the federal regulations, the report of statistical information will be shared with the Title IX Coordinator, the Director of Public Safety and the Dean of Student Life. All college employees, including RAs, but excluding campus counselors, have a duty to report instances of sexual misconduct according to federal reporting guidelines. All personally identifiable information is kept confidential (except in circumstances involving ongoing danger or potential threats of bodily harm) but the date, the location of the incident (on or off campus) and the category of misconduct/crime must be passed along to the Title IX coordinator and director of public safety for publication in the Annual Security Report required by the federal government. This reporting protects the identity of the victim/survivor and may be done anonymously.

The Annual Security Report helps provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. This report is available online and will be distributed to the COA community. Copies can also be requested from the Director of Public Safety.

COA will also issue an addendum to the Annual Security Report that will include statistics about sexual misconduct not mandated to be reported by the Clery Act. Sexual misconduct is significantly under reported nationwide and can contribute to a false sense of security. Reporting all incidents of sexual misconduct will keep the COA community informed of the true frequency of these events.

Federal timely warning reporting obligations

Victim/survivors of sexual misconduct should also be aware that COA must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. COA will make every effort to ensure that a victim/survivor’s name and other identifying information are not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The persons responsible for issueing timely warning are the Director of Public Safety and the Dean of Student Life. These notifications will be made using our emergency notification system and/or by email.

Education and training

COA recognizes the importance of raising awareness of the issues surrounding sexual misconduct and assault. Therefore we commit ourselves to ensuring that community members (students, faculty and staff) have adequate information on this topic and are offered appropriate training on consent, sexual misconduct and our policies and procedures on a regular basis. We further commit to ensuring that those responsible for responding to those who have experienced sexual misconduct or those responsible for addressing sexual misconduct complaints have been sufficiently trained to carry out those responsibilities with sensitivity, compassion, and fairness.