The Antioch College Sexual Offense Prevention Policy



Please contact CG (cg@antioch-college.edu) or
the Dean of Students office (deanofstudents@antioch-college.edu) for the current SOPP.



Related pages: The spirit of the policy is YES


The Antioch College Sexual Offense Prevention Policy
Approved by the Board of Trustees on June 8, 1996
  • PREFACE
  • CONSENT
  • OFFENSES OF THE SEXUAL OFFENSE
  • PREVENTION POLICY DEFINED
  • OPTIONS IF A VIOLATION MAY HAVE OCCURRED
  • THE HEARING BOARD
  • REMEDIES
  • THE APPEALS PROCESS
  • CONFIDENTIALITY
  • EDUCATIONAL AND SUPPORT IMPLEMENTATION PROCEDURES

PREFACE
Antioch College has made a strong commitment to the issue of respect, including respect for each individual's personal and sexual boundaries. Sexual offenses are dehumanizing. They are not just a violation of the individual, but of the Antioch community.
Some of the principles fundamental to this policy are:
1) All sexual behavior occurring between Antioch community members on or off the Antioch College campus must be consensual.
2) When a sexual offense, as defined herein, is committed by a community member, such action will not be tolerated.
3) While Antioch exists within a larger society governed by existing laws, it is also part of Antioch's mission to strive for the betterment of both the individual and society. Thus, our standards for behavior may be broader than currently exist under state and federal laws. Community members are expected to respect and uphold these standards. These community standards are part of Antioch's educational mission. Any educational community which does not recognize the potentially devastating effects of sexual offenses and does not work for an atmosphere of mutual respect and safety risks undermining their educational mission.
4) When state or federal laws may be violated, the College urges the complainant to take the matter to the appropriate governmental body. Appendix B includes the current definitions of some sexual offenses as defined by Ohio Revised Code.
5) This policy is gender neutral, and applies equally to women and men of all sexual orientations, recognizing that both women and men commit sexual offenses, and both women and men may be sexually offended.
6) Community members need to be respectful and honor the confidentiality of participants as matters proceed under this policy.
7) This policy is not intended to suggest that community members should engage in sexual behavior. Rather, it is intended to encourage and support community members to make and place appropriate physical and sexual boundaries where they choose. Community members who choose to be sexually active should practice safer sex.
This policy is a crucial part of our educational and prevention efforts but represents only a part of our commitment to the safety and well-being of our community members.
A support network exists that consists of the Sexual Offense Prevention and Survivors' Advocacy Program, including its director who is an advocate for both the policy and survivors; the Peer Advocacy Program; a 24-hour crisis and support line; and other support services available through both the Program and the Counseling Center. The Program Director/Advocate (or other designated
administrator) shall be responsible for initiation and coordination of measures required by this policy, unless otherwise specified.
Antioch College provides and maintains educational programs for all community members, some aspects of which are required. The educational aspects of this policy are intended to prevent sexual offenses and ultimately heighten community awareness. Each community member must also contribute their efforts to insure the proper implementation of this policy.
The implementation of this policy also utilizes established Antioch governance structures and adheres to contractual obligations.
Seeking to reduce the amount of sexual offenses occurring on campus, students in fall 1990 and winter 1991 drafted Antioch's first Sexual Offense Policy. The first revision was written in winter 1992 and included the definition of consent as "willing and verbal". The second revision, written in the winter and spring of 1996, strengthens the policy based on accumulated experience. This policy has come from students with the support of faculty, staff and administrators. This policy applies to every member of the Antioch Community.
CONSENT
1. For the purpose of this policy, "consent" shall be defined as follows:
the act of willingly and verbally agreeing to engage in specific sexual behavior.
See (4) below when sexual behavior is mutually and simultaneously initiated.
Because of the importance of communication and the potential dangers when misunderstanding exists in a sexual situation, those involved in any sexual interaction need to share enough of a common understanding to be able to adequately communicate: 1) requests for consent; and, 2) when consent is given, denied or withdrawn.
Note: Recognized American and international sign languages are considered a form of verbal language for the purpose of this policy.
2. When sexual behavior is not mutually and simultaneously initiated, then the person who initiates sexual behavior is responsible for verbally asking for the consent of the other individual(s) involved.
3. The person with whom sexual contact/conduct is initiated shall verbally express his/her willingness or must verbally express consent, and/or express his/her lack of willingness by words, actions, gestures, or any other previously agreed upon communication.
Silence and/or non-communication must never be interpreted as consent.
4. When sexual behavior is mutually and simultaneously initiated, then the persons involved share responsibility for getting/giving or refusing/denying consent by words, actions, gestures or by any other previously agreed upon communication.
5. Obtaining consent is an on-going process in any sexual interaction. Verbal consent should be obtained with each new level of physical and/or sexual behavior in any given interaction, regardless of who initiates it. Asking "Do you want to have sex with me?" is not enough. The request for consent must be specific to each act.
6. If someone has initially consented but then stops consenting during a sexual interaction, she/he should communicate withdrawal of consent verbally (example: saying "no" or "stop") and/or through
physical resistance (example: pushing away). The other individual(s) must stop immediately.
7. In order for consent to be meaningful and valid under this policy:
a) the person not initiating must have judgment and control unimpaired by any drug or intoxicant administered to prevent her/his resistance, and/or which has been administered surreptitiously, by force or threat of force, or by deception;
b) the person not initiating must have judgment and control unimpaired by mental dysfunction which is known to the person initiating;
c) the person not initiating must not be asleep or unconscious;
d) the person initiating must not have forced, threatened, coerced, or intimidated the other individual(s) into engaging in sexual behavior.
8. To knowingly take advantage of someone who is under the influence of alcohol, drugs, prescribed or over-the-counter medication is not acceptable behavior in the Antioch community.
OFFENSES OF THE SEXUAL OFFENSE
PREVENTION POLICY DEFINED

Our standards of behavior may be broader than currently exist under state and federal laws. These community standards are part of Antioch's educational mission, to be dealt with through on-campus administrative means as part of the educational process. When state or federal laws may be violated, the College urges a complainant to take the matter to the appropriate governmental body. Appendix B includes the current definitions of some sexual offenses as defined by Ohio Revised Code.
The following actions are prohibited under Antioch College's Sexual Offense Prevention Policy and, in addition to possible criminal prosecution, may result in sanctions up to and including expulsion or termination of employment.
NON-CONSENSUAL SEXUAL CONDUCT:
Non-consensual sexual conduct. "Sexual conduct" means vaginal intercourse, anal intercourse, fellatio and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse. This category includes, but is not limited to, rape and sexual battery as defined in Ohio Revised Code.

NON-CONSENSUAL SEXUAL COMPORTMENT:
Non-consensual sexual comportment, exclusive of sexual conduct as
defined above, means any sexual behavior which includes the insertion of any part of the body or any instrument, apparatus, or other object into the body cavity of another. This category includes, but is not limited to, felonious sexual penetration as defined in Ohio Revised Code.
NON-CONSENSUAL SEXUAL CONTACT I:
Non-consensual sexual contact I includes when a person has non-
consensual contact with another; causes another to have non-consensual sexual contact with the offender; causes another without her/his consent to sexually touch her/himself; causes two or more other persons to have non-consensual sexual contact; when, for the purpose of preventing resistance, the offender substantially impairs the other person's or one of the other persons' judgment or control by administering any drug or intoxicant to the other person, surreptitiously, deceptively, or by force or threat of force. "Sexual contact" means the touching of an erogenous zone of another, including but not limited to the thigh, genitals, buttock, pubic region, or breast, for the purpose of sexually arousing or gratifying either person. This category includes, but is not limited to, gross sexual imposition as defined in Ohio Revised
Code.
NON-CONSENSUAL SEXUAL CONTACT II:
Non-consensual sexual contact II includes when a person has non-consensual contact; causes another to have non-consensual contact with the offender; causes another without her/his consent to sexually touch her/himself; causes two or more other persons to have non-consensual sexual contact; when any of the following applies: 1) the offender knows that the sexual contact is likely to be offensive to the other person, or one of the other persons, or is reckless in that regard; 2) the offended knows that the other person's ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired; 3) the offender knows that the other person, or one of the other persons, is unaware of the sexual contact. "Sexual contact" means the touching of an erogenous zone of another, including but not limited to the thigh, genitals, buttock, pubic region, or breast, for the purpose of sexually arousing or gratifying either person. This category includes, but is not limited to, sexual imposition as defined in Ohio Revised Code.
INSISTENT AND/OR PERSISTENT SEXUAL HARASSMENT:
Any insistent and/or persistent intimidation or abuse considered sexually threatening and/or offensive according to the standards of the Antioch community. This includes, but is not limited to, unwelcome and irrelevant comments, references, gestures or other forms of personal attention which are inappropriate and which may be perceived as persistent sexual overtones or denigration. .
UNNECESSARILY ENDANGERING THE HEALTH OF ANOTHER:
If someone knows or reasonably should know that she/he is infected with a disease or condition which can be transmitted sexually, that person must not engage in any sexual behavior with another individual in any manner which would put that individual at risk of contracting the disease or condition.
Before engaging in any behavior considered "high risk" for transmission , the person who is infected has an obligation to inform the other individual so that an informed choice regarding safety can be made. This category acknowledges an individual's right to privacy regarding personal health matters, but holds that in balance with concern for individual and community safety.

OPTIONS IF A VIOLATION MAY HAVE OCCURRED

1. To make our community as safe as possible for all community members, community members who are suspected of violating this policy should be made aware of the concern about their behavior. The other provisions of this policy provide channels and guidelines for such education. Sometimes people are not aware that their behavior is sexually offensive, threatening, or hurtful. Awareness of the effects of their behavior may cause them to change their behavior.
2. If someone suspects that a violation of this Sexual Offense Prevention Policy may have occurred, she/he should contact a member of the Sexual Offense Prevention and Survivors' Advocacy Program, or the Dean of Students.
A 24-hour Crisis and Support Line has been established. From on-campus, call PBX 6727, or 769-6458. From off-campus, call 1-888-392-6761.
Any discussion of a suspected violation with a member of the Sexual Offense Prevention and Survivors' Advocacy Program or the Dean of Students will be treated as confidential.
3 .OPTIONS: When a suspected violation of this policy is reported, the person who receives the report should explain to the person reporting all of the options which are appropriate in responding to the suspected offense.
Those options include, in no particular order, and are not limited to:
- directly confronting the alleged offender;
- having appropriate mediation with the alleged offender;
- having the Dean of Students or Associate Dean of Students talk with the alleged offender;
- filing a formal complaint;
- filing an anonymous or confidential complaint with a member of the Sexual Offense Prevention and Survivors' Advocacy Program so the alleged action is recorded;
- getting counseling or crisis intervention;
- getting appropriate medical treatment;
- filing a police report if the alleged offense is against the law;
- taking a concern to the Community Standards Board;
- choosing to do nothing further.
More than one of these options may be used by the person alleging she/he was violated (hereafter referred to as the "primary witness").
4. CRIMINAL COMPLAINTS: It is strongly encouraged that suspected violations be reported, and that they be reported as soon as is reasonable after a suspected violation has occurred. Where criminal misconduct is involved (see Appendix B or Ohio Revised Code for definitions), reporting the misconduct to the local law enforcement agency is strongly recommended.
Because of the need to collect physical evidence for criminal complaints, if the primary witness is giving any consideration to filing a criminal complaint, the primary witness should, as soon as possible, go to the hospital, ideally in the jurisdiction where the alleged crime occurred (for example, if the incident occurred on campus, the complainant should go to Greene Memorial Hospital in Xenia).
The primary witness is not charged for the administration of a rape evidence collection kit. A peer advocate, the Advocate, or a member of the Greene County Victim-Witness Program can accompany the primary witness to the hospital to provide information and support.
5. MEDIATION: If the person reporting a suspected policy violation wishes to arrange for mediation, then the Advocate, the Dean of Students, or a staff member of the Sexual Offense Prevention and Survivors' Advocacy Program shall arrange for mediation consistent with the mediation guidelines used by the Sexual Offense Prevention and Survivors' Advocacy Program. Options available include: 1) mediation arranged through an off-campus program or agency; 2) mediation arranged and/or facilitated by the Advocate or the Dean of Students.
a) If the Dean of Students arranges or facilitates mediation, or mediation occurs through an off-campus program or agency, then for statistical purposes, the Dean shall notify the Advocate of the mediation session.
b) A written agreement with educational and/or behavioral requirements may be part of the outcome of a mediation session. Copies of this agreement shall be given to the parties involved, the Dean of Students, and either the Advocate or the Director of the Counseling Center. The Dean of Students shall be responsible for handling violations of written mediated agreements, and shall have the right to act as she/he sees fit.
c) Should a student persist in sexually threatening or offensive behavior after mediation has been attempted, the primary witness, Advocate, or Dean of Students may refer the case to the Hearing Board.
d) If a satisfactory conclusion is not reached through mediation, or if the mediation agreement is not adhered to by any of its participants, other options may be pursued as listed above, including referral to the Hearing Board.
6. In the event that an action taken by the Dean of Students regarding a sexual offense is appealed, the appeal shall be made to the Hearing Board.
7. COMPLAINT BY A STUDENT INVOLVING A COLLEGE EMPLOYEE:
Any student who feels that an employee has violated this policy should contact the Advocate or the Dean of Students as soon as possible. Contacting the Advocate does not mean the student will be required to file a formal complaint. Discussion with the Advocate will be considered confidential.
When a written complaint is filed, if the alleged offender (hereafter known as "the respondent") is an employee, the Advocate shall inform the President or the Director of Human Resources of the reported violation of the Sexual Offense Prevention Policy. The matter will be promptly investigated by the appropriate administrator or other supervisor with the assistance of the Advocate. If whatever review process appropriate to the
employee results in a determination that the policy has been violated, then the remedy should be commensurate with the seriousness of the violation, and procedures specified in College and University policies should be followed.
8. COMPLAINT BY A COLLEGE EMPLOYEE TOWARD ANOTHER EMPLOYEE:
Any employee who feels that another employee has violated this policy should contact the Advocate or their appropriate supervisor or union designee. Contacting the Advocate does not mean the employee will be required to file a formal complaint. Discussion with the Advocate or the employee's supervisor will be considered confidential.
When a written complaint is filed, if the respondent is an employee, the Advocate shall inform the President or the Director of Human Resources of the reported violation of the Sexual Offense Prevention Policy. The matter will be promptly investigated by the appropriate administrator or other supervisor. If whatever review process appropriate to the employee results in a determination that the policy has been violated, then the remedy should be commensurate with the seriousness of the violation, and procedures specified in College and University policies should be followed.
9. COMPLAINTS INVOLVING A NON-COMMUNITY MEMBER AND A COMMUNITY MEMBER:
In the event that a non-community member feels that a community member has violated this policy with her/him, the non-community member may seek out the Advocate, the Dean of Students, or contact the Crisis and Support Line for an appropriate referral. Complaints regarding employees will be handled as in (7) above, Complaint by a Student Involving a College Employee. If the respondent is a student, the complaint may be referred to the Dean of Students, who has the authority to handle it according to her/his discretion. The Hearing Board will not be utilized in these complaints.
If a community member feels violated by a non-community member, the community member should bring the matter to the attention of the Advocate, the Dean of Students, and/or the community member's supervisor. Offenses which may be violations of Ohio Revised Code should be reported to the local law enforcement agency immediately. While the jurisdiction of the policy does not extend to violations by non-community members, the Advocate and/or the Sexual Offense Prevention and Survivors' Advocacy Program may provide advocacy and support to the community member. The College will not provide legal counsel in these circumstances.

10. FILING A FORMAL COMPLAINT WITH THE INTENT TO GO TO THE HEARING BOARD:
If the primary witness wishes the Hearing Board to make a finding regarding an alleged policy violation, the primary witness must file a written complaint with the Advocate. The Advocate shall inform the primary witness of her/his rights regarding procedure and appeal under this policy.
When a formal complaint is filed, if the respondent is a student, then the following procedures shall be followed:
A. The Advocate shall notify the Dean of Students, or another senior College official in the Dean of Student's absence, who shall have the respondent report to the Dean of Students' office within a reasonable period of time, not to exceed the next business day the College is open that the respondent is on campus. When the respondent reports, the respondent will then be informed by the Advocate and/or the Dean of Students of the report of the sexual offense, the policy violation which is being alleged, and her/his rights regarding procedure and appeal. The respondent will be given an opportunity to present their side of the story at that time. If the respondent does not report as directed, then implementation of this policy shall proceed.
B. Based on the information available, the Dean of Students, or another senior College official appointed by the President in the Dean of Student's absence will determine whether there is reasonable cause to believe that a policy violation may have occurred and whether a hearing should be scheduled.
C. In cases where Non-Consensual Sexual Conduct or Non-Consensual Sexual Comportment are alleged, the following steps may be taken for the protection of the primary witness, the respondent, and the community. These steps should in no way be perceived as implying either that the primary witness is not believed nor that the respondent is in violation of the policy.
If the respondent and/or the primary witness are living on campus at the time of the complaint, then the Dean will discuss the option of relocating off campus within eight hours of being notified that a decision has been made to hold a hearing (unless otherwise determined by the Dean of Students). They will reside off-campus until such time that the Hearing Board has heard the case and rendered its decision.
If the respondent and/or primary witness are unable to locate alternate housing off-campus, then the Dean of Students shall arrange for housing in different locations at the College's expense. Similarly, if the primary witness and/or respondent have a cafeteria meal plan, then the Dean shall schedule different times for them to be in the cafeteria or provide them with funds sufficient to buy food off-campus. Other scheduling may also be arranged, such as classes and access to the library.
If either the respondent or the primary witness refuses to leave on-campus residential housing, and the Dean of Students feels it is in both their interest and the interest of the community, then the Dean may require that they leave campus. If either party refuses to adhere to any decision by the Dean regarding their housing or scheduling, then an appeal may be made to the voting members of the Hearing Board.
The education of any student who is either a primary witness or respondent should be interrupted as little as possible. Therefore, if attending classes on-campus is not determined by the Dean of Students to be appropriate for either or both parties, alternate instruction shall be arranged off-campus by their faculty members in a way which, pending appropriate completion, will ensure there is no negative impact on their evaluations as students.
D. The Hearing Board will then convene for a Hearing, to hear the case. Consistent with this policy, the Hearing Board will take into account the primary witness's story, the respondent's story, witnesses, the past history of the respondent, and other relevant evidence, and will determine whether or not a policy violation has occurred and which aspect of the policy has been violated.
E. The Hearing shall take place as soon thereafter as is reasonable, no longer than seven days from the date of filing or the notification of the respondent, unless the Hearing Board Chair determines that reasonable cause exists for convening the meeting at a later, still reasonable time, in which event the Chair shall so notify all appropriate parties. If the hearing cannot occur for reasons such as co-op or illness, it will convene when both parties involved return to campus.
If a formal complaint is filed within the last two weeks of the term, the Hearing Board may decide to postpone the hearing until such time that both parties have returned to campus. However, if the complaint involves behavior alleged to have occurred during the current term, the Hearing may be held that term.
If a hearing is delayed beyond the term in which the case is filed, then the Hearing Board is to consider all likely complications of the delay, such as a student going on co-op, and may institute temporary changes in a student's plan until such time that the complaint is resolved.
F. If the primary witness chooses, she/he may have a representative at all hearings of the Hearing Board and/or through any appeals process. The primary witness's representative may provide both advocacy and emotional support for the primary witness. When appropriate, if the primary witness chooses, then the primary witness's representative may act on her/his behalf during portions of the hearing and any appeals process which do not require the immediate presence of the primary witness. Choosing a representative from within the Antioch community is encouraged.
The Dean of Students will maintain a list of community members, including faculty, staff, and administrators, with qualifications to serve as the primary witness's representative. Qualifications include, but are not limited to, a willingness to serve, familiarity with this policy, support for the student, and if a faculty member, then preferably a tenured faculty member. In addition, if the primary witness chooses, she/he may have a lawyer present during those portions of the hearing where the primary witness is allowed to be present. The primary witness shall have this privilege provided that the attorney does not interfere with the educational process of the hearing, interrupt or otherwise intrude upon the process.
G. If the respondent chooses, she/he may have a representative at all hearings of the Hearing Board and/or through any appeals process. The respondent's representative may provide both advocacy and emotional support for the respondent. When appropriate, if the respondent chooses, then the respondent's representative may act on her/his behalf during portions of the hearing and any appeals process which do not require the immediate presence of the respondent. Choosing a representative from within the Antioch community is encouraged.
The Dean of Students will maintain a list of community members, including faculty, staff, and administrators, with qualifications to serve as the respondent's representative. Qualifications include, but are not limited to, a willingness to serve, familiarity with this policy, support for the student, and if a faculty member, then preferably a tenured faculty member. In addition, if the respondent chooses, she/he may have a lawyer present during those portions of the hearing where the respondent is allowed to be present. The respondent shall have this privilege provided that the attorney does not interfere with the educational process of the hearing, interrupt or otherwise intrude upon the process.
9. The Hearing Board and any appellate body which hears a case under this policy shall administer its proceedings according to these fundamental assumptions:
A. There will be no reference to the past consensual, non-violent sexual behavior of either the primary witness or respondent.
B. No physical evidence of a sexual offense is necessary to determine that one has occurred, nor is a visit to the hospital or the administration of a rape kit. Physical evidence may, however, be accepted by the Hearing Board. It is the primary witness's decision as to whether or not to offer physical evidence to the Hearing Board regarding her/his personal body.
C. The fact that a respondent was under the influence of drugs or alcohol or mental dysfunction at the time of the sexual offense will not excuse or justify the commission of any sexual offense as defined herein, and shall not be used as a defense. While such circumstances may not affect the decision of the Hearing Board regarding if a violation did occur, the Hearing Board may consider the impairment when determining the remedy in the event a policy violation is found.
10. The policy is intended to deal with sexual offenses which occurred between Antioch community members on or off the Antioch College campus on or after February 7, 1991. Sexual offenses which occurred prior to that date were still a violation of community standards, and should be addressed through the policies and governance structures which were in effect at the time of the offense.

THE HEARING BOARD

1. The Hearing Board's duties are:
a) to hear all sides of the story;
b) to investigate as appropriate;
c) to determine if a violation of this policy has occurred;
d) to develop, in consultation with the Dean of Students and the Advocate, an appropriate remedy in cases where mandatory remedies are not prescribed in this policy;
e) to prepare a written report setting forth its findings which it distributes to the parties involved and the Dean of Students.
2. The Hearing Board will consist of four community representatives as voting members, the Dean of Students as a non-voting ex-officio member, and the Advocate to monitor the proceedings of the hearing and to assist the Hearing Board in fairly implementing the hearing process.
3. A. A Hearing Board Pool will be appointed by AdCil by the end of each spring term, to begin serving at the beginning of the next academic year, for the duration of that academic year. The Pool will consist of twelve community members: six students, three faculty members, and three administrators/staff members.
The twelve members of the Hearing Board Pool shall be appointed by ADCIL from the following recommended candidates:
1) The six student members will be chosen from the ten student candidates recommended nominated by COMCIL;
2) The three faculty members will be chosen from six faculty candidates nominated by the Dean of Faculty;
3) The three administrators/staff members will be chosen from six candidates nominated by the President of the College.
The membership of the Hearing Board Pool shall be divided equally between women and men, and shall reflect the diversity that exists within the Antioch community, including race, ethnicity, and sexual orientation.
B. Four of the members of the Hearing Board Pool shall be appointed by AdCil to serve each year as a Hearing Board. Two of the Hearing Board members must be students, one must be a faculty member, and one must be an administrator/staff person.
The composition of the Hearing Board shall include both women and men and shall reflect the diversity of the Antioch community.
C. One member of the Hearing Board shall be designated by ADCIL to serve as Chair. The Chair shall preside for all Hearing Board meetings that term, and shall make the necessary arrangements to convene the Hearing Board (i.e., contact Hearing Board members, notify all parties
involved of date, time, place, etc.)
D. The eight representatives who are not serving in a particular term shall be alternates in case an active member is not available or has a conflict of interest.
E. If an active member of the Hearing Board has a conflict of interest in the case, the conflict should be reported to the Hearing Board Chair or the Advocate as soon as possible. The President shall be responsible to determine if the conflict requires replacing the member with an alternate from the pool of twelve approved by AdCil.
If additional members need to be appointed to the Hearing Board pool in the course of the year, AdCil must approve them. If AdCil is not in session (i.e., between terms), then the President may, in consultation with the Dean of Faculty and the Dean of Students, act in place of AdCil to appoint an appropriate Hearing Board, pool, or replacement Board member.
If the President is unavailable to make these appointments, then the Dean of Faculty shall make them; if the Dean of Faculty is unavailable, then the Dean of Administration and Finance should make them; if the Dean of Administration and Finance is also unavailable, then the Community Manager(s) should make the appointments.
4. All members of the Hearing Board pool shall receive training by the Advocate and the College attorney regarding this policy and pertinent legal issues before participating in any hearings, and receive a copy of the entire policy and appropriate appendices. These training sessions shall be conducted at least once a year.
5. The Hearing Board is expected to follow the procedures outlined in Appendix D. Any procedures not covered in this policy, including Appendix D, shall be determined according to the discretion of the Hearing Board.
REMEDIES

1. When a policy violation by a student is found by the Hearing Board, the Hearing Board shall also determine a remedy which is commensurate with the offense, except in those cases where mandatory remedies are prescribed in this policy.
When a remedy is not prescribed, the Hearing Board shall determine the remedy in consultation with the Dean of Students and the Advocate, and shall include an educational and/or rehabilitation component as part of the remedy.
2. For Non-Consensual Sexual Conduct: In the event that the Hearing Board determines that a violation of non-consensual sexual conduct has occurred, as defined under this policy, the recommended remedy is immediate expulsion or removal from the campus.
3. For Non-Consensual Sexual Comportment: In the event that the Hearing Board determines that a violation of non-consensual sexual comportment has occurred, as defined under this policy, then the respondent should: a) be suspended immediately for a period of no less than six months; b) successfully complete a treatment program for sexual offenders approved by the Director of Counseling Services before returning to campus; and c) upon return to campus, be subject to mandatory class and co-op scheduling so that the respondent and primary witness avoid, to the greatest extent possible, all contact, unless the primary witness agrees otherwise.
In the event that the Hearing Board determines that a second violation of non-consensual sexual comportment has occurred, with the same respondent, then the respondent must be expelled immediately.
4. For Non-Consensual Sexual Contact I: In the event that the Hearing Board determines that a violation of non-consensual sexual contact I has occurred, as defined under this policy, then the recommended remedy is that the respondent: a) be suspended immediately for a period of no less than six months; b) successfully complete a treatment program for sexual offenders approved by the Director of Counseling Services before returning to campus; and c) upon return to campus, be subject to mandatory class and co-op scheduling so that the respondent and primary witness avoid, to the greatest extent possible, all contact, unless the primary witness agrees otherwise.
In the event that the Hearing Board determines that a second violation of non-consensual sexual contact I has occurred, with the same respondent, then the respondent must be expelled immediately.
5. For Non-Consensual Sexual Contact II: In the event that the Hearing Board determines that a violation of non-consensual sexual contact II has occurred, as defined under this policy, then the recommended remedy is that the respondent: a) be suspended immediately for a period of no less than three months; b) successfully complete a treatment program for sexual offenders approved by the Director of Counseling Services before returning to campus; and c) upon return to campus, be subject to mandatory class and co-op scheduling so that the respondent and primary witness avoid, to the greatest extent possible, all contact, unless the primary witness agrees otherwise.
In the event that the Hearing Board determines that a second violation of non-consensual sexual contact II has occurred, with the same respondent, then the respondent must be expelled immediately.
6. For Insistent and/or Persistent Sexual Harassment: In the event that the Hearing Board determines that the violation of insistent and/or persistent sexual harassment has occurred, as defined under this policy, then the recommended remedy is that the respondent: a) be suspended immediately for a period of no less than six months; b) successfully complete a treatment program for sexual offenders approved by the Director of Counseling Services before returning to campus; and c) upon return to campus, be subject to mandatory class and co-op scheduling so that the respondent and primary witness avoid, to the greatest extent possible, all contact, unless the primary witness agrees otherwise.
In the event that the Hearing Board determines that a second violation of insistent and/or persistent sexual harassment has occurred, with the same respondent, then the respondent must be expelled immediately.
7. For Unnecessarily Endangering the Health of Another: In the event that the Hearing Board determines that a violation of Unnecessarily Endangering the Health of Another has occurred, as defined under this policy, then the remedy is left to the discretion of the Hearing Board.
8. In all cases, a second offense under this policy, regardless of category, must receive a more severe consequence than did the first offense if the second offense occurred after the Hearing Board's first finding of a respondent's violation of this policy.
9. The remedy for a third offense, regardless of category, must be expulsion, if the third offense occurred after the Hearing Board's first or second finding of a respondent's violation of this policy.
10. It is the responsibility of the Dean of Students to ensure that the Hearing Board's remedies are carried out.
THE APPEALS PROCESS

1. In the event that the respondent or primary witness is not satisfied with the decision of the Hearing Board, then she/he shall have the right to appeal the Hearing Board's decision within seventy-two hours of receiving that decision.
2. In the event of an appeal, the College shall secure the services of a hearing review officer with experience in conducting arbitrations or administrative agency or other informal hearings A hearing review officer, who is not a current member of the Antioch College community, shall be selected by ADCIL in consultation with the Advocate for the purpose of handling such appeals.
3. The hearing review officer shall review the record(s) and/or written report(s) of the Hearing, any other written materials supplied to her/him by any of the involved parties, and meet with any of the involved parties which she/he determines appropriate to determine if there was fundamental fairness in the Hearing Process.
The hearing review officer's analysis shall include a determination of whether the respondent was fully apprised of the charges against her/him; that the appealing party had a full and fair opportunity to tell her/his side of the story; and whether there was any malfeasance by the Hearing Board. The hearing review officer will present her/his finding and recommendation for action, if any, to the President of the College.
CONFIDENTIALITY

1. Community members need to be respectful and honor the confidentiality of participants as matters proceed under this policy.
A. Once someone feels that a violation of this policy has occurred, then is it crucial that all persons involved be treated with respect and that the complaint be handled confidentially.
B. Any violations of confidentiality will be considered a serious breach of Antioch College's community standards, and may be handled by the Dean of Students, an employee's supervisor, or presented to the Community Standards Board for debate. If the Dean of Students or Community Standards Board feels the matter may be best handled by the Sexual Offense Hearing Board, the violation may be referred to the Hearing Board. The Hearing Board has the authority to handle alleged breaches of confidentiality of Sexual Offense Prevention Policy matters, and to issue remedies as it sees fit.
C. Any appeal of a decision by the Community Standards Board will be appealed to the Hearing Board.
D. Publicly accusing someone of violating this policy, if the person accused has not been appropriately confronted under this policy (see "Options") or charged under state or federal law, shall be considered a serious breach of community standards and will be referred to the Dean of Students or Community Standards Board for action.
2. For all matters under this policy:
a) The name of the primary witness shall not be considered public knowledge until such time that the primary witness releases her/his name publicly.
b) The name of the respondent shall not be considered public knowledge until such time that the respondent releases her/his name publicly, unless the respondent is found in violation of the policy, at which time the release of the respondent's name may be included with the release of the Hearing Board's findings. The name of the respondent should be released with the Hearing Board's findings if a violation is found and the remedy includes the suspension or expulsion of the respondent.
c) The names of any witnesses shall not be released publicly until such time that each witness chooses to release her/his own name publicly.
3. All of the proceedings of the Hearing Board, and all testimony given, shall be kept confidential.
A. For the duration of the Hearing process and any appeals process, the primary witness, the respondent, and any witnesses coming forward shall have the right to determine when and if their names are publicly released. No one shall make a public release of a name not their own while the process is underway. Any public breach of confidentiality may constitute a violation of community standards and be presented to the Community Standards Board for debate.
B. In the event of an appeal, the appealing party (or the party considering the appeal) shall have the right to review any written and/or audio records of the hearing. Such review shall take place on the Antioch campus with a member of the Hearing Board present. No materials are to be duplicated by any party; no materials are to be removed from the Antioch campus except to be given to the hearing review officer or to the College attorneys.
C. All members of the Hearing Board, including any note-takers, are bound to keep the contents of the proceedings confidential.
D. All written and/or audio records of the process which are kept by the Hearing Board are to be turned over to the College Attorneys at the conclusion of the appeals process, and shall be stored in their offices, to be disposed of when and as they see fit.
EDUCATIONAL AND SUPPORT IMPLEMENTATION PROCEDURES

1. The Sexual Offense Prevention and Survivors' Advocacy Program will serve as the central collection point on campus of all reports of sexual offenses involving community members. Anyone on campus who learns of a sexual offense should confidentially report that offense to the Advocate and/or the Dean of Students.
2. A minimum of one educational workshop about consent, sexuality, sexual offenses, personal safety, and the Sexual Offense Prevention Policy will be incorporated into each Orientation program for new students. The Dean of Students will appoint a committee each year to facilitate the development and presentation of the fall workshop. This committee should include, but not be limited to, representatives from Community Government, the Dean of Students' Office, and the Sexual Offense Prevention and Survivors' Advocacy Program. Attendance shall be required of all students new to the Antioch community.
3. To further confirm each student's understanding of this policy, each student who attends Antioch College must sign a statement that they have read and understand the Sexual Offense Prevention Policy at the beginning of their first term. Students currently enrolled before September 1996 must sign the statement at the beginning of their next term either studying or living on campus. The Registrar and Dean of Students will share responsibility for making sure each student has a signed statement on file.
4. Workshops on consent, sexuality, sexual offenses, personal safety and this policy will also be offered during all study terms. The Advocate, in consultation with Community Government, shall arrange to have at least one speaker from off campus to address those issues each fall and spring term.
5. New faculty members, including adjunct faculty and teaching assistants, must attend an orientation session on the Sexual Offense Prevention Policy and similar policies dealing with student-faculty boundaries no later than the end of their first month on campus.
The Dean of Faculty and FEC is responsible for scheduling these sessions in consultation with the Advocate.
Further, it is recommended to the College administration that all employees working on the Antioch College campus be encouraged to attend workshops on sexual offense and personal safety issues.
Supervisors in all areas are responsible for scheduling orientation sessions with all new and continuing employees on related policies, maintaining appropriate boundaries with students, and personal safety.
6. It is recommended that the faculty integrate the educational resources of the Sexual Offense Prevention and Survivors' Advocacy Program into their courses whenever it is appropriate.
A one-credit P.E. self-defense course will be offered each term. This course must include self-defense and self-protection skills that can be immediately utilized and must be open to all Antioch community members free of charge. The implementation of this requirement is the responsibility of the Dean of Faculty. The Advocate must be consulted in the hiring of the instructor.
Intensive language study courses and orientations for AEA programs are strongly encouraged to include a role play relevant to sexual harassment or a similar boundary violation, so students can learn appropriate language and ways of responding. Cultural values around personal boundaries and sexual violence should also be explored.
7. A Peer Advocacy Program will be maintained by the Sexual Offense Prevention and Survivors' Advocacy Program and the Counseling Center.
The Peer Advocates serve a variety of functions in the community, within the limits of their training. These may include: 1) serving as educators and resources about sexual offenses, options available to survivors, personal safety, and the Sexual Offense Prevention Policy; 2) advocating for survivors and their significant others on campus, as well as in appropriate medical and legal settings off campus; 3) providing crisis intervention; 4) staffing the crisis and support line; 5) making appropriate referrals with the assistance of the Advocate to the Counseling Center, the Sexual Offense Prevention and Survivors' Advocacy Program, local mental health practitioners and other health care providers.
Peer Advocates are not "counselors" or "therapists" and should not be used as a person's primary means of support on campus.
The Dean of Students is responsible for ensuring that Peer Advocates receive adequate training and support, and are qualified to serve according to the requirements listed in Appendix I.
8. Support services for female and male community members who identify as survivors of sexual offenses will be offered through Counseling Services and/or the Sexual Offense Prevention and Survivors' Advocacy Program.
9. A support network for students who are on Co-op will be maintained by the Advocate and the Sexual Offense Prevention and Survivors' Advocacy Program, with access to trained crisis contact people
10. A brochure about safety on co-op will be kept available through the Center for Cooperative Education, the Dean of Students, and the Sexual Offense Prevention and Survivors' Advocacy Program.
11. Condoms and other safer sex supplies will be made available free through Community Government. Every term, the Counseling Center and Community Government will sponsor free and anonymous H.I.V. testing to all community members.
Some sexual behaviors and practices are deemed "high risk" for the transmission of certain sexually transmitted diseases and health conditions. As the medical establishment gains more knowledge about these diseases and conditions, the list of behaviors considered high risk for transmission is updated. Information about what is currently considered "high risk" will be kept available through the College's Infirmary and the Counseling Center. Because the College's Physicians may have the most recent information, the Infirmary, the Counseling Center, and the Hearing Board are encouraged to consult with them as appropriate.
12. The Advocate, in consultation with the Dean of Students Office, will be responsible for supplying the community with a summary of all educational and programmatic activities on a regular basis. The summary shall include, but not be limited to, the following information:
a) the number of reported incidents and complaints from the previous term, and the outcomes whenever possible.
b) the schedule of planned events as outlined in the Policy for the upcoming term.
c) an evaluation of the actual activities (including the required self-defense class) that took place the previous term.
This summary will be shared with AdCil each term and will be published in the Record no later than the second issue of the term. A file of all the summaries will be kept by the Library, Dean of Students, Community Government, and the Sexual Offense Prevention and Survivors' Advocacy Program.
In addition, a summary of the findings that the Hearing Board chooses to release to the community will also be kept on file by the Library, the Dean of Students, and the Sexual Offense Prevention and Survivors' Advocacy Program.
13. The Center for Cooperative Education, Antioch Education Abroad, and the Environmental Field Program should all work with the Sexual Offense Prevention and Survivors' Advocacy Program in educating students about personal safety, and how to contact resources should the need arise. The Advocate should be notified confidentially of any sexual violation which occurs on or off campus involving a community member as soon as possible.
14. Copies of this policy and its appendices will be kept available by the Dean of Students, the Sexual Offense Prevention and Survivors' Advocacy Program, Community Government, and the Library.
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