Whitman College strives to be a community based on honesty, trustworthiness, fairness, and respect for others, elements that are essential components of healthy interpersonal relationships. When relationships become intimate, these principles become paramount. Sexual intimacy requires mutual respect and consent. At Whitman, sexual misconduct by any student, male or female, acquaintance or stranger, is unacceptable.
If you feel you have experienced an incident of sexual misconduct, the College urges you to take the following actions:
1. Seek emotional support, whether from a friend, Resident Assistant, or from Whitman resources:
Counseling Center 5195
Sexual Misconduct Response Coordinator 5208
Dean of Students 5158
Judicial Coordinator 5213
2. Visit the Whitman Health Center or seek other medical attention as soon as possible. This will allow for the detection of hidden injuries, for women the detection of pregnancy and for men and women of STDs, and, if you choose, for the completion of tests to gather evidence. The Physical Evidence Recovery Kit must be completed within 72 hours of the incident, but preferably within 48. In order to preserve evidence, it is important not to bathe or shower prior to seeking medical attention. It is also helpful to keep any articles that could be used as evidence, such as clothing, by placing them in separate bags. Tests for the presence of date-rape drugs must be completed within 72 hours.
3. Report the incident to the Sexual Misconduct Response Coordinator, the Judicial Coordinator, or the Dean of Students. Reporting an incident to the College does not commit you to following through with a formal complaint, but it will give you the opportunity to discuss your options. The College will also provide information about how to report the incident, if you so choose, to the police. Though the College lacks the legal authority to prosecute or evaluate rape charges, it encourages all members of the Whitman community to seek justice if they feel a crime has occurred.
Whitman students can expect the following from their community regarding sexual misconduct:
1. The community will be provided with an ongoing educational program on the issue of sexual misconduct, and incoming students will be required to sign a form indicating their awareness of the policy.
2. All parties involved will be treated with dignity, respect and fairness.
3. All complaints will be treated seriously and complainants given the full and prompt assistance of campus personnel. The complainant has a right to be heard, and the respondent has a right to be treated fairly and accorded the presumption of innocence.
4. All parties will have full access to campus services designed to assist in such cases, including the Dean of Students' office, the counseling center and health center.
5. All parties will be informed of the options available to them under the policy.
6. Complainants will not be discouraged from or pressured to take action under this policy
7. After a complaint is made, the College will not tolerate any form of harassment and/or intimidation of the complainant or the respondent, or of those supporting either party.
8. If necessary, and after a formal complaint has been made, the Judicial Coordinator or the Dean of Students can take steps they deem reasonable and feasible to prevent unnecessary contact of the parties involved and/or of students supporting them.
Sexual misconduct defined:
1. Sexual misconduct is defined as sexual activity, actual or attempted, imposed without the clear consent of both parties. Sexual misconduct may vary in its severity and can range from unwanted touching or physical contact of a personal nature to unwanted, coerced or forced penetration.
2. Mutual respect is a key component of healthy relationships and open communication is essential. Sexual misconduct is a violation of the norms of mutual respect, and experience shows that almost all instances involve misunderstandings due to miscommunication. A student's best means to avoid miscommunication is to obtain clear verbal consent, freely and willingly given by his or her partner. A prior relationship is not sufficient to indicate consent. Consent must be present throughout and can be revoked at any time. However, since the nature of sexual relationships may vary from casual interactions between strangers to more intimate relationships, the nature of establishing mutually acceptable conditions may vary as well; interactions between people new to one another require more direct verbal articulation, whereas longer-term partners may have adopted effective, but less direct articulations. The point remains: sexual misconduct involves a violation of mutual respect wherein one partner experiences unwanted sexual attention, regardless of whether the other person feels the same way.
3. Alcohol and drugs are common factors in incidents of sexual misconduct precisely because their use undermines the ability to clearly ascertain desires and freely articulate them. Such impairment, however, is not an excuse for improper behavior or violations of College policies. Individuals remain responsible for their behavior and its consequences at all times, a point also stated under Rights and Responsibilities and the Alcohol Policy.
4. The College provides a means for students to mediate or adjudicate alleged cases of sexual misconduct within the confines of the College community. This process is not intended to supplant possible legal action, and students are free to pursue either course, or both. As a private institution, the College lacks the power to charge people with rape or find them guilty of crimes; only public prosecutors and the courts can do that. The College's policy avoids the use of specific legal terms, such as rape, when describing specific behaviors. This omission is not intended to diminish the severity of the offense. Indeed, the College's intent is to do everything within its educational and disciplinary powers to prevent sexual misconduct, sanction offenses and maintain a safe environment for all.
Options available to the complainant:
1. Any student may bring charges of sexual misconduct against any other student (excluding incidents occurring during summer and winter breaks). No distinction will be made between incidents that occur on or off campus, including study abroad. The College encourages the reporting of incidents as soon as possible.
2. When a complaint is made to the Dean of Students or the Judicial Coordinator, the Dean or Judicial Coordinator will help the student understand and choose among the available options and assist with procedures. These options include choosing to take no action at this time, mediation, or filing a written complaint.
No Action at This Time
At the complainant's request, no charge of sexual misconduct will be made at this time. The implicated student will not be notified. However, the complainant may reinstate the process at any time.
Mediation
If the complainant and the respondent agree, they may meet with a mediator to discuss the situation and solutions satisfactory to both parties. The mediator will be a trained mediator from the outside community acceptable to both the complainant and respondent. No one but the complainant, respondent and mediator may participate in this process. No official record is kept of mediation, and no official finding or documentation of responsibility will be made. Although mediation does not preclude the pursuit of a Formal Hearing, no reference to the mediation would be allowed in the Formal Hearing. It is not necessary to first try mediation to have a Formal Hearing
Filing a Written Complaint
1. The complainant will submit a detailed description of the events that the complainant believes constitute the incident of sexual misconduct.
2. The Dean of Students, in consultation with one male and one female faculty members chosen by the Chair of the Faculty, will meet as a committee to review the complaint based on one criterion:
If accurate as described by the complainant, COULD the incident constitute a violation of the Sexual Misconduct Policy?
The names of the parties will not be revealed to the faculty, nor will the names of the faculty be revealed to the students. The Dean may request clarifications from the complainant on behalf of the committee. Faculty members serving in this capacity shall receive the same training as those serving on the Council on Sexual Misconduct (see below).
3. If the committee unanimously determines that there is no violation of policy, they will detail the basis of their decision to the complainant in a written statement. This decision represents the termination of the process.
4. If at least one member of the committee determines that the incident, if accurate as described by the complainant, could constitute a violation of policy, then the complainant has three options available: no action at this time (as above), mediation (as above), or a formal hearing. In a hearing, the burden of proof would lie with the complainant. If the complainant chooses to proceed to a formal hearing, the remainder of this policy will apply to both the complainant and to the respondent of the complaint.
Steps to the Formal Hearing
1. After the complainant has chosen to have a Formal Hearing, the respondent will be contacted immediately to meet with the Dean of Students or Judicial Coordinator to discuss the charge.
2. The Judicial Coordinator will assign the complainant and respondent each a Pre-Hearing Assistant to assist them through the process of making a written statement, considering evidence and witnesses, choosing an advisor, and preparing for the hearing itself. The written statement is required for the complainant, and the respondent's written response to the complaint is recommended but not required. The Pre-Hearing Assistants will not accompany the parties to the Formal Hearing. The role of the Pre-Hearing Assistant is to help prepare the student for the hearing, not to represent the student at the hearing.
3. The complainant may decide at any time to stop the process from continuing. However, once the respondent has been notified, if the complainant chooses to stop the Formal Hearing process, the complaint cannot be brought again at another time.
4. Students may select an advisor from the Whitman community (but not a member of the counseling or health center) to provide support and guidance during the hearing. Students may choose to have no advisor. The advisor should attend all meetings with the Pre-Hearing Assistant. During the hearing, the advisor may speak to the student, but may not speak to the Council or take on any role other than advisor. Throughout the process, the advisors may not contact any voting members of the Council, witnesses, the advisor for the other party, or the other party. As soon as a party chooses an advisor, the other party will be informed. The advisor must not have a conflict of interest. The Dean of Students will determine whether a conflict exists. Students should be aware that the College will not tolerate retaliation of any kind against faculty or staff serving as advisors. Complaints against advisors brought before the Dean will not impact salary, promotion, or tenure decisions. All parties should also understand that faculty and staff who serve as advisors are generally covered by the College's legal counsel and that the College strongly condemns the actual or threatened use of litigation by students to manipulate the hearing process or to retaliate against anyone involved in this process.
5. The Formal Hearing date will be set by the Judicial Coordinator in conjunction with the complainant, the respondent, and the Council on Sexual Misconduct (see below). The hearing will take place approximately twenty-one days after the respondent is notified. The respondent may not present a written response to the complaint later than five days before the hearing.
6. The parties shall submit a list of witnesses no later than one week prior to the hearing. Witnesses will only be permitted if they have testimony directly related to the incident. Character witnesses or testimony about past sexual history will not be permitted. Both parties will be notified of the witnesses no later than five days before the hearing.
7. The Judicial Coordinator will provide the parties with a statement of the alleged policy violation, an explanation of the students' rights, the students' written statements, evidence, names of witnesses, a notice of the time and place of the Formal Hearing, and a list of names of members of the Council on Sexual Misconduct.
8. The parties may challenge any voting member of the Council on Sexual Misconduct. Challenges must be made no later than forty-eight hours after receiving the list of members. The Dean of Students will rule on all such challenges. Replacement faculty will be chosen by the same process used to choose members of the Council on Sexual Misconduct (see below).
The Formal Hearing
1. At the Formal Hearing, the Dean of Students will make introductions, read the alleged policy violation, and explain the procedures. Each party may make opening and closing statements, present evidence, and/or call approved witnesses. Members of the Council, the complainant, and the respondent may question the testimony of parties and/or witnesses. Only questions directly related to the incident will be allowed; the determination of relevance will be made by the Dean. The complainant and respondent will give their questions to the Dean to present to minimize conflict between the parties during the proceeding. The proceedings will be tape recorded.
2. In cases where either party feels unable to be in the same room with the other, suitable arrangements will be made to keep the parties separate but allow both parties to hear and respond to all proceedings of the Council prior to deliberations. The party who makes the request will be moved to another location.
3. Following deliberations, the members of the Council will report their decision to the Dean by secret ballot. The burden of proof lies with the complainant, and at least four affirmative votes of the six members of the Council are required to find a student responsible for violating the policy. The Council must consider only the evidence that has been presented at the Formal Hearing. The standard of evidence shall be "highly probable," which is more demanding than "a preponderance of evidence" and less demanding than "beyond a reasonable doubt."
4. If the respondent is found responsible for violating the Sexual Misconduct Policy, the Council will then assign sanctions, to be determined by consensus of the Council. The severity of sanctions will depend on the seriousness of the violation. The Council will take into account documented information that the Dean of Students has regarding previous violations of the Sexual Misconduct Policy and/or previous serious violations of other College conduct policies. In reporting the record, the Dean will not reveal the names of previous complainants.
5. The sanctions may include:
(i) Mandatory participation in special educational programs or other sanctions chosen by the Council. Failure to comply will lead to more serious sanctions.
(ii) Suspended conduct probation. Under suspended conduct probation, any further violation could result in conduct probation or a more severe penalty.
(iii) Conduct probation. Conduct probation may prohibit student participation in campus activities, such as extra-curricular activities, public performances, public office in student organizations, or participation in commencement or other official ceremonies. If the student does not comply with the terms of conduct probation, other sanctions may apply.
(iv) Suspension from the College, with reinstatement dependent upon the fulfillment of stipulated conditions.
(v) Dismissal from the College.
6. Both parties will be notified of the outcome no later than two class days after the Council's decision. The respondent and the complainant will be notified at the same time in separate locations.
7. If the respondent is found in violation of the policy, the letter to the respondent stating the decision and sanctions will become part of the student's permanent record. After graduation, the student may petition to have the letter removed after meeting conditions set by the Council, which may include but not be limited to attending educational programs and demonstrating good conduct for a determined period of time. The petition will be considered by the Dean of Students in consultation with the Judicial Coordinator and the Pre-Hearing Assistants.
8. The Dean of Students, omitting the parties' names, will report the decisions and sanctions to the Council on Student Affairs.
9. If necessary, deadlines for the Formal Hearing procedures may be altered by the Judicial Coordinator in conjunction with the Dean of Students. However, every effort will be made to proceed promptly and to protect the basic rights of the complainant and respondent.
Appeal
1. Either party may appeal a decision by the Council on Sexual Misconduct only when:
(i) The party feels there has been a procedural error or errors by the Council, and or,
(ii) Evidence or information offered by a party as part of the process has inappropriately been ruled admissible or inadmissible for the Formal Hearing, and/or
(iii) New evidence relevant to the specific incident has come to light during or following the decision by the Council.
To appeal, the party must submit a petition stating the grounds for appeal to the Chair of the Faculty no more than seven days after receiving notification of the Council's decision.
2. As expeditiously as possible, the Chair of the Faculty will review all written material regarding the complaint, along with the tape recording of the proceedings. The Chair of the Faculty may, but is not required to, interview the Judicial Coordinator, the Dean of Students, any member of the Council, either party, and/or witnesses. The Sexual Misconduct Appeal Board will consider only the grounds on which the appeal is based.
3. The Chair of the Faculty will act upon the appeal petition in one of two ways:
(i) Notify the appealing party in writing that the appeal was rejected and the reasons for that decision.
(ii) Notify both parties in writing that the appeal is upheld and send the case to the Sexual Misconduct Appeal Board based on the cited grounds.
Appeal Process
1. The members of the Sexual Misconduct Appeal Board will be selected in the same manner as the members of the Council on Sexual Misconduct. No one who served on the Council may sit on the Sexual Misconduct Appeal Board. The Sexual Misconduct Appeal Board will be chaired by the Chair of the Faculty, who does not have a vote.
2. The Chair of the Faculty will notify the parties and witnesses of the date, time and location of the Appeal Hearing and the names of the members of the Sexual Misconduct Appeal Board. Any challenge to its members must be made no later than forty-eight hours after receiving notification. The Appeal hearing will be held as quickly as possible but no earlier than seventy-two hours after the parties receive notification. The Chair of the Faculty will decide what evidence and/or witnesses are relevant to the Appeal. If new evidence or previously excluded evidence is deemed admissible, either party will have the opportunity to respond in person or in writing to that evidence. The Sexual Misconduct Appeal Board will use the standard of evidence of "highly probable." Four affirmative votes are necessary to overturn the original decision and/or sanctions and render a new decision and/or sanctions, if applicable. Within four days of the decision, and after consulting with appropriate College officials, the Chair of the Faculty will notify the respondent and the complainant in writing of the decision.
Confidentiality
Confidentiality must be maintained by everyone involved in the process, whether staff, faculty or students. The confidentiality policy is not meant to preclude the parties from building campus support systems; however, all who are taken into the parties' confidence must also maintain confidentiality. To the extent possible, parties should avoid confiding in faculty members who must deal with the other party in a major or minor program, or in a class.
When the process is over, the Dean of Students will take possession of any written statements presented at the Formal Hearing, along with any notes taken by the Dean or members of the Council and the tape recording of the hearing. After time for appeal has expired, or after an appeal is concluded and the matter finalized, the Dean will destroy the written materials and tape recording from the Formal Hearing and Appeal. Any exhibits or documentary evidence presented will be returned to the party who presented it.
The Council on Sexual Misconduct
1. The Council on Sexual Misconduct is an ad hoc committee of the Council on Student Affairs and is the official body delegated to decide responsibility when alleged sexual misconduct is brought to a Formal Hearing. The Dean of Students chairs the Council on Sexual Misconduct but does not vote. The Dean moderates the proceedings and ensures that policy is followed.
2. The Dean of Students will choose two students and two faculty members from the Council on Student Affairs and two professional student services staff at the Director or Assistant Director level. The Council must be gender balanced.
3. If not enough faculty and/or student members of the Council on Student Affairs are able to serve, the Dean will consult the Council on Student Affairs to choose replacement faculty and the Executive Council of ASWC for replacement student members.
4. All participants on the Council on Sexual Misconduct must receive training. It is advisable that participants be retrained annually and mandatory that they be retrained every three years. The training should include explicit instruction on the details of the policy including the notion of "burden of proof" and an understanding that cases coming to the council will not have been investigated - neither the facts of the case nor the motivations or intentions of those allegedly involved will have been assessed.
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