Rationale:       

Concerns about the existing Sexual Misconduct Policy prompted an in-depth review last spring, drawing on input from students, faculty, staff, alumni and parents.  The proposed changes are designed to provide greater clarity of standards, make the policy more accessible, and amend the system to provide equal support for complainants and respondents.   

The most important changes are the following:

1. Consent.  Disagreement about consent has been the main issue of dispute in sexual misconduct cases.  This policy attempts to provide a clear guideline by setting verbal consent as the "gold standard" to establish that both parties agreed to the activities in question.  The policy recognizes, however, that in ongoing relationships, there may be other, nonverbal indicators of consent.  The policy emphasizes the need for mutual respect and for partners to make genuine efforts to ensure that both are willing participants. 
2. Screening.  The Dean of Students has traditionally turned to a member of the faculty for a second opinion for cases in which it is not clear whether the complaint describes a violation of policy.  The new policy formalizes this gatekeeping function by requiring that all complaints be reviewed by two faculty members to determine whether, if true as described, the complaint could constitute a violation of the policy.  This screening would keep cases that are not violations of policy from moving forward.  It also serves an informational role for complainants who simply seek to know their options.
3. Pre-hearing assistants.  A serious concern about the current policy is that respondents have not received as much administrative support as complainants in preparing for a formal hearing, if the complainant selects that option.  The new policy provides pre-hearing assistants for both the complainant and the respondent, assuring that both are provided with assistance in writing statements, arranging for witnesses, etc.
4. Education.  The new policy puts education about sexuality and sexual misconduct at the forefront.  Incoming students will be required to read and sign a statement that they are aware of the sexual misconduct policy, similar to the statement on plagiarism.  There will be ongoing education throughout the students' time at Whitman, as well as mandatory retraining for those who serve on the Council on Sexual Misconduct.
5. Clarity and accessibility.  The new policy is more concise and straightforward, making it easier for students to get clear information about what constitutes sexual misconduct, the options open to complainants, and the rights and responsibilities of both parties (for example, the policy now makes it clear that if a complaint proceeds to formal hearing, the burden of proof is the responsibility of the complainant).