Title IX and Interpersonal Violence Policy & Guidance - Life at Colby

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.

Resources

Title IX Sexual Harassment & Interpersonal Violence Policy

Title IX is a landmark federal civil rights law which governs how a College processes and responds to claims of sex discrimination, including sexual harassment. Maine’s Interpersonal Violence Act is a state law which governs how a College processes and responds to claims of sexual violence and intimate partner violence Colby’s “Title IX Sex Discrimination and Maine Interpersonal Violence Policy” describes conduct prohibited by these laws and how the College will respond to claims of such conduct.

This policy applies to all members of the College including (but not limited to) students, faculty and staff. In addition to this policy, parties should also carefully review the Student Code of Conduct, Staff Handbook, or Faculty Handbook, which addresses general sexual misconduct that does not qualify for treatment under this policy.

Title IX Definitions

The items listed below define conduct that constitutes Sex Discrimination, and Sex-based Harassment — a form of Sex Discrimination–all of which are prohibited under the Title IX regulations and within the context of the College’s education programs and activities. Sex Discrimination and Sex-based 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.

Sex Discrimination

Sex Discrimination is an umbrella term that includes all sex discrimination occurring under the College’s education or program in the United States, including but not limited to discrimination based on sex stereotypes, sex characteristics, sexual orientation, gender identity, and pregnancy/parental status.

Sex-Based Harassment

Sex-Based Harassment is a form of Sex Discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The remaining items in this list are specific types of Sex-Based Harassment.

Quid Pro Quo Sexual Harassment by an Employee.

Quid Pro Quo Sexual Harassment occurs when an employee, or other person, authorized by Colby to provide an aid, benefit, or service under the College’s education program or activity, explicitly or impliedly conditions the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Note: Student on student quid pro quo harassment may fall within Title IX and this Policy if the student occupies a position to provide aid, benefit, or service to the other student. Even if the alleged conduct does not fall within Title IX or this Policy, the Student Code of Conduct may apply.

Hostile Environment Sexual Harassment.

Hostile Environment Sexual Harassment is defined as unwelcomed sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment).

Sexual Assault

Sexual Assault is defined as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which is defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent, including:

Rape – sexual intercourse with a person without the consent of that person, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity or state of Incapacitation
Oral or anal sexual intercourse with another person without the consent of that person, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity or state 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 without the consent of that person, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity or state of Incapacitation.
Fondling – the touching of the private body parts (for example, but not limited to, breasts, genitals, inner thigh, or buttocks) of another person for the purpose of sexual gratification without the consent of that person, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity or state of Incapacitation.
Incest – sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape – 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.

Dating Violence

Dating Violence is defined as violence 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:
- (1) The length of the relationship;
- (2) The type of relationship; and
- (3) The frequency of interaction between the persons involved in the relationship;

Stalking

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

Fear for the person’s safety or the safety of others; or
Suffer substantial emotional distress.

Domestic Violence

Domestic Violence is defined as a felony or misdemeanor crimes committed by a person who:

Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the State of Maine, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under Maine’s family or domestic violence laws; or

Retaliation

Retaliation is defined as intimidation, threats, coercion, or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX or its regulations or Maine’s Interpersonal Violence law or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX, Maine’s Interpersonal Violence law, or Colby policy.

False Reports and Statements

False Reports and Statements are defined as materially false statements made in bad faith in connection with Title IX, Maine’s Interpersonal Violence law, or Colby policy, to any College official or in the course of any College proceeding

Note: 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.

Faculty and Staff Relationships with Students

Faculty and Staff Relationships with Students is defined as the engagement of any officer, faculty, administrator, or staff member of the College in a romantic, dating and/or sexual relationship with a Student.

Note: Even if the conduct alleged is consensual and/or does not constitute a violation of Title IX, the conduct will be addressed through the conduct processes applicable to faculty, staff, or the community member.

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

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

Intimate Partner Violence

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.

Stalking

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

Colby community members who have been impacted by any of the behaviors listed above, or who are participating in one of the Title IX resolution processes described below, may request supportive measures. The following are examples of types of Supportive Measures that may be implemented by the Title IX Coordinator, a Deputy Title IX Coordinator, or a Confidential Resource Advisor, depending on the particular circumstances of the individuals involved and the claimed violation; this is not an exhaustive list:

Assistance in understanding the Title IX process and other College Processes.
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 Title IX process;
Housing assistance (safe room, temporary change of room/residence hall, etc.);
Assistance with changes in campus transportation;
Assistance with changes in campus employment (schedule change, location change, etc.);
Assistance with taking a leave of absence;
Assistance with obtaining no-contact directives and/or no-trespass orders;
Assistance in finding an Advisor for the Complaint process;

How do I make a report and what happens next?

All reports can be made directly to Colby’s Title IX Coordinator (Emily Schusterbauer, [email protected]) or a Deputy Title IX Coordinator.

At Colby, reporting parties have three options for how to proceed with their case:

1. No Action
2. Informal Resolution Process
3. Formal Grievance Process (Formal Investigation)

Note: It is important to know that making a report does not automatically initiate a formal or informal resolution process.. If you have questions about the resolution options briefly outlined below, you are encouraged to reach out to Colby’s Title IX Coordinator or one of Colby’s Confidential Resource Advisors.

1. No Action

All reporting parties can request that no action be taken to address their report–which means that they are requesting that neither of the resolution processes outlined below (formal or informal) be initiated. In the majority of cases, the College can honor this request. Under specific circumstances, however, the College may need to take steps to address the incident. In particular the College may be unable to honor the reporting party’s request for no action if:

incident(s) being reported put(s) the larger community at risk.
the accused party has prior reports for similar behavior.
If the reporting party is a student and the responding party is faculty or staff.

2. Informal Resolution Process

If a reporting party requests an Informal Resolution Process, the Title IX Coordinator will provide the opportunity for both parties to voluntarily negotiate what terms to include in a binding resolution agreement. Informal resolution can take many forms, depending on the particular case. Examples include but are not limited to: facilitated discussions between the Parties; restorative justice; acknowledgment of responsibility by a Respondent/Responding Party; apologies; agreed upon sanctions against a Respondent/Responding Party or requirements to engage in specific services; or Supportive Measures.

Note: Any party has the right to withdraw from the informal resolution process and initiate or resume Grievance Procedures at any time before agreeing to a resolution;

3. Formal Grievance Procedure (Formal Investigation)

Finally, Sex-based Discrimination and all forms of Sexual Harassment can be addressed through the Formal Grievance Procedure, which involves a full investigation and finding of responsible or not responsible.

However, the Formal Grievance procedure has two tracks:

Track A applies to: ALL Complaints of Sex Discrimination EXCEPT for Complaints alleging Sex-Baesd Harassment where a Student is one of the Parties involved. That means, this track includes all Complaints of Sex-Based Harassment involving Non-students.
Track B applies ONLY to: Complaints of Sex-Based Harassment where a Student is one of the parties involved (i.e. a Student is the Complainant or Respondent).
- In both tracks, the Title IX Coordinator will assign an external, third-party investigator who will interview the parties and witnesses, objectively evaluate all the relevant and permissible evidence, in order to make any applicable factual findings and/or a determination of responsibility. If there is a determination that Sex Discrimination and/or Sex-Based Harassment occurred, the Title IX Coordinator will then coordinate the imposition of any disciplinary sanctions on a Respondent by submitting the Investigator’s report and the parties’ mitigation and/or impact statements, if any, to the appropriate sanctioning official(s) depending on if the Respondent is a Student, Staff, Faculty, or other member of the College.
- In both tracks, both parties have the right to appeal the decision.
- Parties involved in both tracks can request safety and supportive measures.
- Parties involved in both tracks 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.
- Track B, however, includes a process that enables the Investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of Sex-Based Harassment and/or Interpersonal Violence. This process provides a structure for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility. For more information, please review Colby’s Title IX Sex Discrimination & Interpersonal Violence Policy.

Training Materials

Training for Title IX Coordinators, Investigators, and Adjudicators (2022)

2023 Policy and Guides

Contact Campus Security

EMERGENCIES: 207-859-5911

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