This page provides information about how Colby defines and responds to sexual misconduct at Colby.  You will also find information about supportive measures that can be put in place for impacted parties.

Please use this information as a general guide only. Colby’s Title IX Coordinator (Emily Schusterbauer) is available to offer further guidance and address any questions/concerns.

Title IX Sexual Harassment & Interpersonal Violence Policy

There are federal laws and regulations governing how a College processes claims of sexual harassment. Maine has additional law governing sexual violence, intimate partner violence and stalking. Colby’s Title IX Sexual Harassment and Interpersonal ViolencePolicy describes conduct prohibited by these laws and regulations and how the College will respond to reports of such conduct. Parties should also carefully review the Student Code of Conduct, which addresses sexual misconduct by students that does not qualify for treatment under this policy. The policy applies to all student, faculty and staff reports of sexual harassment as defined in the policy.

Items 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.

Any questions about the meaning of the terminology below should be directed to the Title IX Coordinator (Emily Schusterbauer), a Deputy Title IX Coordinator, or a Confidential Resource Advisor.

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 Incapacitation.
  • 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 because of Incapacitation.
  • 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 Incapacitation.
  • 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.

Interpersonal Violence Definitions

Items listed below define conduct that constitutes Interpersonal Violence prohibited under Maine law and within the context of the College’s education programs and activities. Interpersonal Violence can be committed by any person regardless of gender, sexual orientation or gender identity; and can be committed using technology.

Any questions about the meaning of the terminology below should be directed to the Title IX Coordinator (Emily Schusterbauer), a Deputy Title IX Coordinator, or a Confidential Resource Advisor.

Sexual Violence is any conduct that constitutes:

Any crime under Title 17-A, chapter 11;

Unauthorized dissemination of certain private images pursuant to Title 17-A, section 511-A;

Aggravated sex trafficking or sex trafficking pursuant to Title 17-A, section 852 or 853 respectively; or

Sexual harassment as defined in Title 14, section 6000, subsection 2-A

Any of the acts that constitute abuse under Title 19-A, section 4002, subsection 1, paragraphs A to H that are committed by an individual who is or has been in a social relationship with another individual of an intimate nature regardless of whether the individual were or are sexual partners.

Any conduct that constitutes the crime of stalking under Title 17-A, section 210-A.

Colby has developed a more user-friendly resource which highlights the the sections of law most likely to be relevant to Colby student, staff and faculty:

Simplified Interpersonal Violence Definitions

Supportive Measures can be provided by the Title IX Coordinator, a Deputy Title IX Coordinator, or a Confidential Resource Advisor. Supportive measures may include; this is not an exhaustive list:

  • Referrals for mental health and medical services, on and off campus;
  • 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 Grievance 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?

Typically, there are 3 ways matters progress:

  1. 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. 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.  
  4. 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 Formal Complaint to first be filed 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, Title IX Coordinator.

Contact Campus Security

EMERGENCIES: 207-859-5911

128 Roberts Building
5530 Mayflower Hill
Waterville, Maine 04901
P: 207-859-5530
[email protected]