​​Below, you will find information about how we define and respond to Sexual Misconduct at Colby.  You will also find information about supportive measures that can be put in place for impacted parties, as well as a link to our full Title IX Sexual Misconduct Policy.

Please use this information as a general guide, while also remembering that Colby’s Confidential Title IX Advocate (Emily Schusterbauer) and Title IX Coordinator (Meg Hatch) are available to offer further guidance and address any questions/concerns. 

Policy Highlights

There are a number of new regulations and procedures governing how a College processes and treats claims of sexual harassment. They are outlined in the new policy. Parties should also carefully review the Student Code of Conduct, which has been revised to address sexual misconduct that no longer qualifies as Title IX sexual harassment.

The policy applies to all student, faculty and staff reports of sexual harassment as defined in our POLICY. The definition of sexual harassment has been narrowed. Some misconduct which constituted sexual harassment under the previous policy no longer qualifies as Title IX sexual harassment. However, Colby has moved those acts of misconduct to the Student Code of Conduct.

Definitions

Items A through F listed below define conduct that constitutes Sexual Harassment prohibited under the Title IX regulations and within the context of the College’s education programs and activities. Sexual Harassment can be committed by any person regardless of gender, sexual orientation or gender identity; and can be committed using technology.

Please see the Sexual Misconduct, Intimate Partner Violence, and Harassment Policy section of the Student Handbook for other sexual misconduct and related offenses that are prohibited and addressed in the Student Code of Conduct and in the conduct processes applicable to faculty or staff, based on the nature of the report. Any questions about the meaning of the terminology below should be directed to the Title IX Coordinator, a Deputy Title IX Coordinator or the Confidential Title IX Advocate.

The Title IX regulations define Quid Pro Quo sexual harassment by an employee as follows:

1) When an employee conditions an aid, benefit or service to a student (including but not limited to a grade, participation in a program/activity, a recommendation, summer employment position or other benefit) on their participation in unwelcome conduct of a sexual nature (see “unwelcome conduct” below); or

2) When an employee conditions an aid, benefit or service to an employee (including but not limited to an employment position, a promotion, a favorable evaluation or other benefit) on their participation in unwelcome conduct of a sexual nature.

The Title IX regulations define Hostile Environment Sexual Harassment as unwelcome conduct of a sexual nature (as determined by a reasonable person) that is so severe, pervasive and objectively offensive that it effectively denies a student or employee equal access to the College’s education programs and activities.

The Title IX regulations define Sexual Assault as an offense classified as a Forcible or Non-forcible Sex Offense under the uniform crime reporting system of the FBI, which are:

1)  Forcible Sex Offenses – Any sexual act directed against another person, without the Consent of the victim, including instances where the victim is in a state of Incapacitation.

  • Forcible rape – Sexual intercourse with a person, forcibly and/or without that person’s Consent or in instances where the victim is in a state of
  • Forcible oral or anal sexual intercourse with another person, forcibly and/or without that person’s Consent or in instances where the victim is incapable of giving Consent because of their youth or because of
  • Sexual assault with an object – Use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or without that person’s Consent or in instances where the person is incapable of giving Consent because of their youth or because of
  • Forcible fondling – The touching of the private body parts (genitals, buttocks or breasts) of another person for the purpose of sexual gratification, forcibly and/or without that person’s Consent or in instances where the person is incapable of giving Consent because of their youth or because of Incapacitation.

2) Non-Forcible Sex Offenses include incest and statutory rape.  “Statutory rape” in Maine is defined as a sexual act with another person who is not the perpetrator’s  spouse and who is under the age of 14, or who is 14 or 15 and the perpetrator is at least 5 years older than the other person.

The Title IX regulations define Dating Violence as physical or sexual abuse, threats of physical or sexual abuse, or emotional abuse committed by a person:

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors: (a) length of relationship; (b) type of relationship; (c) the frequency of interaction between persons in the relationship.

The Title IX regulations define Stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer severe emotional distress.

The Title IX regulations define Domestic Violence as physical or sexual abuse, or threats of physical or sexual abuse 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 cohabiting with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Maine, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family laws of Maine.

In Maine, this includes the following crimes (more information available through legal citations):  Domestic violence assault (17-A M.R.S. § 207-A); Domestic violence criminal threatening (17-A M.R.S. § 209-A); Domestic violence threatening (17-A M.R.S. § 210-B), Domestic violence stalking (17-A M.R.S. § 210-C); Domestic violence reckless conduct (17-A M.R.S. § 211-A).

No individual may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under Title IX, or because the individual has made a Report or Formal Complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding or hearing. Reports of retaliation should be made to the Title IX Coordinator and will be addressed through the conduct processes applicable to students, faculty or staff, based on the nature of the report.

False reports and/or making materially false statements in bad faith in connection with this policy to any College official or in the course of any College proceeding, is prohibited and will be addressed through the conduct processes applicable to students, faculty or staff, based on the nature of the report. A finding that a Respondent is not responsible for a violation of the Title IX policy after a hearing (or vice versa) does not mean that a report or statement was made in bad faith.

It is a violation of College policy for any officer, faculty, administrator or staff member of the College to engage in a romantic, dating and/or sexual relationship with a student. Individuals who have questions about this issue should consult with the Title IX Coordinator/Deputy Title IX Coordinator or a Confidential Resource.

Supportive measures

Supportive Measures can be provided by the Confidential Title IX Advocate, the Title IX Coordinator, or the Deputy Title IX Coordinators. Supportive measures may include; this is not an exhaustive list:
Referrals for mental health and medical services, on and off canpus;

  • Referrals to other support services and resources, on and off campus;
  • Academic and/or athletic/co-curricular adjustments (such as deadline extensions, course changes, late add/drops, incompletes);
  • Disability accommodations to participate in the Title IX process
  • Housing assistance (safe room, temporary change of room/residence hall, etc.);
  • Assistance with changes in campus employment (schedule change, location etc.);
  • Assistance with obtaining no contact directives and/or no trespass orders;
  • Assistance in finding an Advisor for the Formal Complaint process;

What happens after I make a report?

  1. Make a report to the Title IX Coordinator and request “no action.” Most of the time the College can honor the request for “no action” but there are three exceptions:
    • If the incident(s) being reported put the larger community at risk.
    • If the accused student has prior reports for similar behavior.
    • If the reporting party is a student and the responding party is faculty or staff.
  2. Make a report to the Title IX Coordinator and request an informal resolution process. This process resolves a report by the parties entering into an informal resolution agreement that is negotiated between the parties through the Title IX Coordinator or the parties’ attorneys.

     

  3. Make a report to the Title IX Coordinator and request a “formal investigation.” The formal investigation process usually includes the following and takes, on average 60-90 days:
    • The Investigator (an independent attorney with specialized training in conducting Title IX investigations and Colby’s policy) interviews the parties and witnesses
    • The Investigator collects evidence
    • Parties review all evidence and statements
    • Parties review a final report
    • A live hearing, where the parties’ advisors are allowed to cross examine the parties and witnesses, is held in front of a single adjudicator (decision maker).
    • The adjudicator decides if the policy has been violated and what the appropriate sanction is for that particular case
    • Both parties have the right to appeal the decision 

The formal investigation process involves trained outside investigators and adjudicators to minimize bias. 

Safety and supportive measures can be put into place by the Confidential Title IX advocate or the Title IX Coordinator. Some safety and support measures require a report and some do not.

Parties have the right to have their advisor at all meetings and interviews with the investigator, Title IX coordinators and other officials involved in the Title IX process, as well as the live hearing. Until the hearing, parties are responsible to secure their own advisors. If a party does not have an advisor for the hearing, the College must appoint one for the party, at the College’s cost. An advisor can be, but does not have to be, an attorney.

If you have questions about resources or options please reach out to Emily Schusterbauer, Confidential Title IX Advocate.

Contact Campus Security

EMERGENCIES: 207-859-5911

128 Roberts Building
5530 Mayflower Hill
Waterville, Maine 04901
P: 207-859-5530
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