Student Handbook

Student Handbook
College Policies

Student Sexual Assault and Misconduct

I. INTRODUCTION

A. Overview of College Procedures
Sexual Assault and Sexual Misconduct are serious offenses. The College encourages students to report such offenses promptly to local law enforcement agencies. Sexual Assault and Sexual Misconduct also violate the College Social Code, and will not be tolerated in this community of trust. The College urges students to report Sexual Assault and Sexual Misconduct under these administrative provisions. 

Students who have experienced instances of Sexual Assault or Sexual Misconduct may receive support from a variety of sources, including the Office of the Dean of Student Affairs, the Women’s Resource Center, Queer-Trans Resource Center, Counseling Services, Health Services, Sexual Assault Support Services of Midcoast Maine (SASSMM), and Safe Space. Additional information about these services is available at the bottom of this page. The College urges all of its students to become familiar with available support services and obtain this support. College students are eligible to receive support regardless of whether they elect to pursue criminal, civil, or administrative remedies under these procedures. 

The purpose of the College’s procedures is to encourage students to take responsibility for their behavior, to ensure compliance with applicable state and federal regulations, to fairly discipline and sanction behavior that is in violation of the Social Code, including the Sexual Assault and Misconduct Policy, and to educate students about implications and consequences of their behavior. 

Bowdoin College students are expected to maintain the highest ethical standards of honesty and respect for others. In the context of intimate relationships, the use of alcohol or other drugs can blur the distinction between consent and manipulation. Real or perceived power differentials between individuals also may create an atmosphere of coercion that can significantly impair the ability to consent.  These procedures take these issues into account.  Students who may be charged under these procedures should note that being under the influence of alcohol or drugs is not an excuse. 

The College offers alternative options to address cases of alleged Sexual Assault and Sexual Misconduct within the framework of the College’s administrative processes. The options are designed to provide an opportunity for parties in the dispute to present their versions of the incident and to understand the nature of the incident and its effects on each party and the College community.  The options differ in their procedures, degree of formality, and potential results. 

The initiation of procedural options is normally coordinated through the Office of the Dean of Student Affairs. However, nothing in these procedures precludes the Dean of Student Affairs or other College officials from taking appropriate action to enforce College policy or comply with applicable law. This would include, but not be limited to, restricting contacts between the parties, initiating housing or academic accommodations, or ordering interim suspensions. The College may take appropriate protective and administrative action even in situations where the student who alleges that Sexual Assault or Sexual Misconduct has been committed against himself or herself is absent. Use of these procedures does not preclude the use of other dispute resolution options outside the College, including civil and/or criminal proceedings. 

Instances in which a current Bowdoin College student is alleged to have committed Sexual Assault or Sexual Misconduct may be resolved through the procedures outlined herein. These procedures apply to all students who are currently matriculants, 12 College Exchange or Special Students at Bowdoin College. Instances in which a non-student College employee is alleged to have committed Sexual Assault, Sexual Misconduct or Sexual Harassment will be resolved through the appropriate College department, e.g., Human Resources or Academic Affairs.  The Office of the Dean of Student Affairs will assist students in accessing support and resources in these other instances involving a non-student College employee.

B. Definitions
“Effective consent” referenced in the terms below means words or actions that show a voluntary agreement to engage in mutually agreed-upon sexual activity. 

“Act” referenced in the terms below includes, but is not limited to, sexual intercourse, sodomy, or sexual penetration with an inanimate object, the touching of a person’s intimate parts (defined as genitalia, groin, breast or buttocks, or clothing covering them), or compelling a person to touch his or her own or another person’s intimate parts without effective consent. 

“Sexual Assault” occurs when the act is intentional and is committed either by (a) physical force, violence, threat, or intimidation; (b) ignoring the objections of another person; (c) causing another’s intoxication or impairment through the use of drugs or alcohol; or (d) taking advantage of another person’s incapacitation or impairment, state of intimidation, helplessness, or other inability to consent.

“Sexual Misconduct” occurs when the act is committed and where, by failing to correctly assess the circumstances, a person believes unreasonably that effective consent was given without having met his/her responsibility to obtain effective consent.

“Complainant” referenced in the terms below is the individual who alleges that Sexual Misconduct or Sexual Assault has been committed against him/herself or against another individual and who presents the claim of an alleged violation of the Sexual Assault and Misconduct Policy.

“Complaining Witness” referenced in the terms below is the individual who alleges that Sexual Misconduct or Sexual Assault has been committed against him/herself.  In such cases where the Complaining Witness chooses to participate in the process as a witness and not as the Complainant, a College official will serve as the Complainant and will present the claim of an alleged violation of the Sexual Assault and Misconduct Policy.   

“Respondent” referenced in the terms below is the individual student who is alleged to have committed one or more acts of alleged Sexual Misconduct and/or Sexual Assault. 

C. Procedural Options
The College has established three procedures to address cases of alleged Sexual Assault and Sexual Misconduct. The two formal procedures (based on the filing of a complaint) are Structured Meeting and Formal Adjudication. The informal procedure is Mediation. Details of these procedures and any limitations on their use are outlined below.

D. Geographic Jurisdiction
Bowdoin students are responsible for their behavior on and off campus and are expected to comply with the Social Code, including the Sexual Assault and Misconduct Policy, in all circumstances.

E. Timing of Complaints and Availability of Procedures
A complaint of Sexual Assault and/or Sexual Misconduct in which a Structured Meeting or Formal Adjudication is sought must be made in writing to the Office of the Dean of Student Affairs while the Respondent is matriculated as a Bowdoin College student. Requests for Mediation should also be directed to the Office of the Dean of Student Affairs while both parties are matriculated as Bowdoin College students. Complaints involving Sexual Assault will generally be resolved through Formal Adjudication only. 

If a complaint is filed within sixty (60) calendar days of the Respondent’s intended graduation, during a College recess, or in other circumstances where the Office of the Dean of Student Affairs determines that the complaint cannot otherwise be resolved in a timely manner, procedural options may be limited.  In no circumstances will the College allow an impending graduation to compromise its adjudicative process. A conferral of a degree may therefore be postponed or deferred if necessary until proper resolution of charges, provided a hearing opportunity shall be diligently scheduled for the earliest practicable date that shall accommodate the parties and their witnesses. 

In a Formal Adjudication hearing, Respondents and Complainants must have a reasonable period of time in which to prepare for a hearing, generally not less than five (5) nor more than twenty (20) working days from the date the Notice of Charges is received by the Respondent. Respondents and Complainants may waive minimum time limits; the Sexual Assault and Misconduct Board Advisor may use discretion in extending maximum time limits.

The Office of the Dean of Student Affairs reserves the right to take appropriate action under this Policy upon receipt of a report of alleged Sexual Assault and/or Sexual Misconduct.

F. Non-Student Complainants or Complaining Witnesses
Complainants or Complaining Witnesses who are not students at Bowdoin College may file a complaint with the Office of the Dean of Student Affairs against a Respondent who is enrolled as a Bowdoin College student and request either a Structured Meeting or Formal Adjudication before the Sexual Assault and Misconduct Board. Because the College does not stand in a special academic relationship with a non-student Complainant or Complaining Witness, Mediation is not available.

G. Related Misconduct and Intimidation of a Witness
In accordance with these procedures, the Sexual Assault and Misconduct Board is empowered to hear and impose sanctions for any alleged violations of the Social Code directly related to a report of alleged Sexual Assault or Sexual Misconduct or any alleged violations of these procedures. This may include conduct that threatens the Complainant, Complaining Witness, or any other participant, violates the rules of confidentiality as articulated herein, intimidates a witness from testifying, influences witness testimony, or violates the Dean's directive(s) discussed in Section B.1.a below. Conduct in violation of other aspects of the Social Code that occurred in the course of the alleged Sexual Assault or Sexual Misconduct may also be included. College students who appear before the Sexual Assault and Misconduct Board, whether as parties to the proceedings or as witnesses, are expected to provide truthful testimony in accordance with the College's Social Code, and failure to do so may result in the initiation of a case with the Judicial Board.

H. Declined Prosecutions in Civil or Criminal Cases
Many Complainants or Complaining Witnesses decide to report cases of alleged Sexual Assault or Sexual Misconduct to the police and local prosecuting agency. Some of these cases are declined for prosecution, without the Complainant or Complaining Witness understanding the results of the criminal investigation, procedures, and grounds for the decision. As a form of additional support, College students may request the Dean of Student Affairs to identify a student affairs staff member or Sexual Assault Response Resource Team (SARRT) member to assist the Complainant or Complaining Witness in seeking and attending a meeting with the local prosecutor to gain an understanding of the decision to decline a prosecution.

I. Sexual Assault and Misconduct Board
The Board is composed of students, faculty, and staff and the Dean of Student Affairs serves as its Chair. The Committee on Governance and Faculty Affairs appoints faculty and staff members. Student members will be appointed from current members of the Judicial Board. An ex-officio Board advisor will be appointed by the Dean of Student Affairs. The Board Chair and Advisor shall ensure all Board members receive annual training that draws on professional and expert resources.

II. PROCEDURAL OPTIONS

A. Structured Meeting
In cases of alleged Sexual Misconduct, Complainants or Complaining Witnesses who wish to file a formal complaint with the Office of the Dean of Student Affairs but who do not wish to pursue a Formal Adjudication before the Sexual Assault and Misconduct Board may request a Structured Meeting. This is an opportunity for a Complainant or Complaining Witness to communicate his/her feelings and perceptions regarding the incident, the impact of the incident, and his/her wishes and expectations regarding protection in the future. The Respondent shall have an opportunity to respond. The Complainant or Complaining Witness and the Respondent each may bring a support person of his or her choice to a Structured Meeting.  Support persons are subject to the same restrictions set forth for support persons in Formal Adjudication outlined below. The Sexual Assault and Misconduct Board Chair or a designee of the Chair will preside over such a meeting, and will be assisted by another member of the Sexual Assault and Misconduct Board or a member of the Office of the Dean of Student Affairs staff.

A Structured Meeting cannot result in a formal sanction involving suspension or dismissal of the Respondent; however, along with other investigative information, it can be the basis for protective action by the Office of the Dean of Student Affairs.  A request for a Structured Meeting is in lieu of a request for Formal Adjudication before the Sexual Assault and Misconduct Board. The request must be in writing and include a waiver of Formal Adjudication before the Sexual Assault and Misconduct Board. In addition, after investigation of a complaint, the Designee may recommend that a Sexual Misconduct case be resolved through a Structured Meeting (see B.1.c. below).

B. Adjudication by the Sexual Assault and Misconduct Board
A hearing by the Sexual Assault and Misconduct Board is the Formal Adjudication of a complaint of Sexual Assault and/or Sexual Misconduct before a panel of College students, faculty, and staff. The Board encourages an open exchange of information within the rules of confidentiality articulated in these procedures. While the Board’s procedures are designed to ensure a fundamentally fair process for the parties involved, the Board is not bound by the rules of criminal or civil procedure that govern judicial proceedings in court.

1. Preliminary Procedures:
      a. Informational Interview: Upon receipt of a complaint of Sexual Assault and/or Sexual Misconduct and request for Formal Adjudication, the Sexual Assault and Misconduct Board Advisor will meet individually with the Complainant or Complaining Witness and, if possible, the Respondent. A supporter to each party is also allowed to attend the informational interview (see 1.g. below). The purpose of these meetings is to provide both parties with a general understanding of the College’s procedures and to identify support or immediate interventions (e.g., referrals to police, hospital, Health and Counseling, SASSMM, Women’s Resource Center, QTRC, Safe Space, etc.).  A no-contact order normally will be issued by the Office of the Dean of Student Affairs at this time.  The Office of the Dean of Student Affairs also may take any further protective action deemed appropriate concerning the interaction of the parties pending the hearing. Violation(s) of the Dean’s directive and/or protective actions shall constitute related offenses to be heard by the Sexual Assault and Misconduct Board and/or Judicial Board. 

      b. Investigation:  The Office of the Dean of Student Affairs will forward the complaint to a trained, designated investigator (the “Designee”) for an impartial preliminary investigation. The Designee will interview witnesses who have first-hand knowledge of the alleged Sexual Assault and/or Sexual Misconduct, will tape record the interviews, and will prepare a written report, a summary of which will be distributed to the parties and to the Dean of Student Affairs.  If a hearing is held, the Sexual Assault and Misconduct Board hearing panel will be provided with a copy of the Designee’s report and transcripts of the interviews.  The panel will not be bound by any findings or conclusions in the report.

  c. Granting/Denying a Hearing: If the Designee determines that there is a substantial basis for a hearing, notice of that determination will be delivered to the Complainant, Complaining Witness, Respondent and Dean of Student Affairs.  The Designee may specify which charges (e.g., “Sexual Assault” and/or “Sexual Misconduct”), if any, go forward for a hearing and may recommend that a Sexual Misconduct case be resolved through a Structured Meeting. The Designee’s determination of a substantial basis is based on whether sufficient facts exist to allow the Sexual Assault and Misconduct Board to find for either party.  Within five business days of receipt of the Designee’s determination, a Complainant or Complaining Witness may appeal a determination denying a hearing to the Dean of Student Affairs whose decision shall be final.  If a hearing is denied by the Designee or the Dean of Student Affairs on appeal, the Complainant or the Complaining Witness may request a Structured Meeting.
   
      d. Notice of Charges: If a hearing is granted by the Designee or the Dean of Student Affairs on appeal, the Office of the Dean of Student Affairs will commence the Formal Adjudication process by providing written notice to the Respondent (“Notice of Charges”) stating: (1) the nature of the complaint; (2) the aspects of the Sexual Assault and Misconduct Policy and/or Social Code allegedly violated; (3) the name of the Complainant; (4) the date, time, and place of the pre-hearing meeting at which preliminary matters will be discussed as more fully addressed in paragraph 3.b below; and (5) the names of the Board members selected by the Chair of the Sexual Assault and Misconduct Board to serve as the hearing panel. The Complainant shall be copied on the Notice of Charges, which shall be delivered in accordance with any method outlined in paragraph f below.

      e. Composition of the Panel: The panel shall include one student and two faculty/staff members, one of whom will serve as the presiding chair. The Dean of Student Affairs will serve as Chair of the Sexual Assault and Misconduct Board and will either serve as the presiding chair or will appoint the presiding chair of a formal hearing. If the Dean of Student Affairs is unavailable, the President shall select the panel members and designate a Board member to preside over the hearing. A party wishing to challenge the participation of any panel member shall notify the Chair of the Sexual Assault and Misconduct Board in writing, stating the reason(s) for the party's objection. Such a challenge must be made in writing and delivered to the Chair’s office within five (5) working days of receipt of the Notice of Charges. The Chair shall determine whether the challenge has merit and reserves discretion to make changes in the panel composition at all times. A party wishing to challenge the participation of the Chair of the Sexual Assault and Misconduct Board shall notify the President in writing, stating the reason(s) for the party’s objection, within five (5) working days of receipt of the Notice of Charges. The President shall determine if challenges to the Chair have merit and will make the final decision whether or not to remove and replace the Chair.

      f. Delivery of Notice of Charges: The Notice of Charges shall be considered effective upon hand-delivery, upon delivery by electronic mail, or three (3) days after delivery by mail to the Respondent. The hearing must take place not more than twenty (20) working days after delivery of the Notice of Charges, unless the Chair allows for a longer period of time. Should the Complainant, Complaining Witness, or the Respondent fail to appear at the scheduled hearing, the Chair may postpone the proceedings or the panel may proceed and determine the complaint on the basis of the evidence presented, provided the absent party was duly notified of the scheduled hearing date, as outlined above.

      g. Support Persons to the Parties: Both the Complainant or the Complaining Witness and the Respondent may each have one support person present to support them during the investigation, pre-hearing, hearing, and appeal stages of the Formal Adjudication process. The Office of the Dean of Student Affairs maintains a list of support persons who have been formally trained and will offer that list to students who seek to have a support person appointed. Students are not restricted to support persons on this list and instead may select and arrange for a support person of their choice.  The support person shall be a member of the Bowdoin community, including a student, faculty member, College official or College employee, but shall not be a member of the Dean of Student Affairs or Counseling Service staffs. The Chair may disallow a particular support person in cases where the support person might be a witness or where the support person’s presence, in the Chair’s sole determination, would be obstructive to the process.  The Support person is available for emotional and personal support throughout the process.  The Supporter will not participate as an advisor and will not have an opportunity to make statements to the panel, direct questions to the panel, or direct questions to the Complainant, the Complaining Witness, the Respondent or any other individual participating in the hearing. The Chair shall not allow a support person’s presence to inhibit the parties’ open testimony or the conduct of the hearing. 

2. Confidentiality of the Hearing Process:  In order to comply with law protecting education records of students and to provide an orderly process for the presentation and consideration of relevant evidence without undue intimidation or pressure, the hearing process is confidential. Therefore, documents prepared in anticipation of the hearing (such as the Designee’s report, the Notice of Charges, and the pre-hearing submissions referenced in paragraph 3.a (below)); documents, testimony, or other evidence introduced at the hearing; or any transcript of the hearing itself may not be disclosed except as required or authorized by law. Both the Complainant and the Respondent and their respective support persons will have access to the hearing case file in advance of the hearing. 

Following the hearing, the panel will issue a Determination Letter to the Complainant, the Complaining Witness, and the Respondent and a Memorandum Opinion to the Complainant and the Respondent.

      a.  Determination Letter:  The Determination Letter will contain only the following information: the name of the Respondent; whether the Respondent has been found responsible or not responsible of the charges of Sexual Assault and/or Sexual Misconduct; and the sanction imposed, if any. As guaranteed by federal law, the Complainant, Complaining Witness, and the Respondent have a right to this information. College policy neither encourages nor discourages further disclosure of the Determination Letter by either student.  The College encourages a student who wishes to re-disclose the Determination Letter to consult with legal counsel before doing so.

      b.  Memorandum Opinion:  The Memorandum Opinion will contain an explanation of the panel’s reasoning for its determination. The Memorandum Opinion is both an education record and a confidential record of the hearing process and may not be disclosed except as authorized or required by law.

3. Hearing Procedures:
      a. Pre-Hearing Submissions: The parties shall provide the Chair (or the panel’s presiding officer, hereinafter included within the term “Chair”) with brief written statements describing their positions, a list of witnesses they propose to call, and copies of documents and a description of any other evidence they propose to present at the hearing no less than five (5) working days prior to the hearing date. A witness is any individual who can attest first-hand to the specific details of the case. In the absence of good cause as determined by the Chair in his or her sole discretion, parties may not introduce witnesses, documents, or other evidence at the hearing that were not provided to the Chair by this deadline. The parties are also responsible for the attendance of their witnesses at the hearing. Only the hearing panel or the Office of the Dean of Student Affairs may call a neutral witness for evidence or expert opinion statements and will notify both parties within five (5) working days of the hearing if such witnesses are called.
     
The prior sexual history of either party is not admissible in the hearing, except testimony submitted by a party concerning his or her own sexual history.  Either party may submit evidence of the history of any sexual relationship between the parties.  If either party submits such evidence, then the other party has the right to rebut that evidence.

      b. Pre-Hearing Meeting and Determination of Witnesses: The Chair will seek to schedule individual pre-hearing meetings with the Complainant and the Respondent and their supporters no less than two (2) calendar days prior to the hearing date. At the meeting, the Chair will review hearing procedures.  The Chair will also review the list of proposed witnesses to assist the Complainant and the Respondent in eliminating redundant or irrelevant testimony. At the meetings, the Chair will provide the Complainant and the Respondent with a copy of the position statement, list of witnesses, and identification or copies of documents or other evidence submitted by the other party.

      c. Pre-Hearing Discussion: Once a Board member has been named to a hearing panel, he or she may not privately discuss the merits of the case with the parties, with anyone acting on the parties’ behalves, or anyone uninvolved in the case. The Chair will provide the panelists with a copy of the Notice of Charges, the Designee’s report, transcripts of the Designee’s interviews, position statements of the parties and any other documents or evidence submitted by the parties.

      d. Negotiated Resolution:  The Chair may propose a resolution of a complaint of Sexual Assault and/or Sexual Misconduct and request for Formal Adjudication with the consent of the Complainant at any time in cases where the Respondent wishes to acknowledge responsibility for the charges and agree to a sanction   The Complainant and the Complaining Witness will be verbally informed of the sanction if a Negotiated Resolution is reached.

      e. Attorneys: Complainants or Complaining Witnesses and Respondents may have an attorney present during the Designee’s interview or at the hearing only when independent criminal or civil proceedings are pending; otherwise, attorneys shall not participate in the College’s disciplinary process. When attorneys are permitted, they are limited to advisory status to their client with no opportunities to make statements for the record, ask questions, or cross-examine any party, witnesses and/or other individuals participating in the investigation or in the hearing. Involved parties must notify the Dean of Student Affairs that an attorney will be present at least five (5) working days prior to the hearing. Any attorney for a party wishing to communicate with the College must direct communications to the College’s counsel. The hearing panel, Advisor, and Chair reserve the right to consult the College’s counsel on questions of law and procedure at any time.
     
      f.  Multiple Students:  In cases involving multiple students, the Chair has sole discretion in determining whether to hold separate or combined hearings, and, if separate, whether to preside over each hearing

      i.  In cases involving more than one Complainant or Complaining Witness and a single Respondent, the Board may conduct separate hearings for each Complainant or Complaining Witness or a combined hearing for all Complainants or Complaining Witnesses.

      ii.  In cases involving a single Complainant or Complaining Witness and more than one Respondent, the Board may conduct separate hearings for each Respondent or a combined hearing for all Respondents.

      iii.In cases involving more than one Complainant or Complaining Witness and more than one Respondent and involving a common set of facts or evidence, the Board may conduct separate hearings or a combined hearing for all of the parties. 

      g. Conduct of the Hearing.  The hearing will not follow a courtroom model.  The rules of civil or criminal procedure do not apply.

The Chair may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant or the Complaining Witness, the Respondent, or any other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audiotape, written statement or other means, where and as determined in the sole judgment of the Chair to be appropriate.  The Chair has the sole discretion to commence, recess, and reconvene the hearing and may suspend the hearing at any time.  The Chair shall make any procedural decisions during the hearing that are deemed necessary to assure fairness and avoid undue delay.  The Chair will determine the admissibility, relevance, and materiality of the evidence offered and will determine the order of the witnesses.  The Chair may exclude evidence or witnesses that he or she deems to be cumulative, irrelevant, or disruptive.  The Complainant and the Respondent are responsible for ensuring that their proposed witnesses are present.  The panel will review in advance of the hearing all the written materials provided to them by the Chair in accordance with paragraph 4 (c) above. The parties will have received or been provided the opportunity to review and copy these materials during earlier stages of the pre-hearing process. The parties will not be expected to repeat undisputed details or non-material circumstances that would merely duplicate the written materials. Only the Chair and the panel may question the individual parties and any witnesses.  However, the Complainant and the Respondent may ask the Chair to pose additional questions to witnesses present at the hearing or inquire further into specific matters by submitting these requests in writing to the Chair. The Chair may disallow any questions that are redundant, irrelevant or disruptive.  After all witnesses have been questioned, the Complainant and the Respondent may make a closing statement and request a short recess to prepare it. If the panel determines that unresolved issues exist that would be clarified by the presentation of additional evidence, the Chair may recess the hearing and reconvene it in a timely manner. A recess may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents or other evidence that could have been presented at the pre-hearing meetings. 

      h. Suggested Sanctions: If the Respondent is found responsible for the charges, the Complainant or the Complaining Witness may present the panel, either verbally or in writing at the sole discretion of the Chair, with a statement recommending a sanction. The Respondent found responsible will be provided an opportunity to respond to the statement, either verbally or in writing at the sole discretion of the Chair. The panel shall not be bound by these statements in determining a sanction. Individuals other than the Complainant or Complaining Witness and the Respondent  and their support persons normally are not permitted to participate in the Suggested Sanction phase of the hearing; however, the Chair reserves the discretion to determine the presence of other persons.

      i. Respondent Testimony: The Respondent shall have the right not to testify during the Designee’s investigation or during the hearing; however, the exercise of that right shall not preclude the Designee from completing the investigation and the panel from proceeding and determining the complaint on the basis of the facts and circumstances presented.

      j. Recording: The Chair will arrange for the hearing to be tape-recorded and may arrange for the preparation of any transcript of the recording that he or she deems appropriate or which a party requests (upon prompt payment by the requester of the transcription fee). Such recording will be arranged through the Office of the Dean of Student Affairs and will become property of the College thereafter. Recording transcripts will be kept for the duration of any appeal process, after which all transcripts will be destroyed. The panel’s post-hearing deliberation will not be recorded.

      k. Preponderance of Evidence Standard: All decisions by the panel will be made by majority vote.  The panel first determines whether the Respondent is responsible for the charges, and then, if appropriate, the sanction. A finding of responsibility must be supported by a preponderance of evidence.

      l.   Findings: If the Respondent has been charged with “Sexual Assault,” the panel shall determine whether that charge has been established by a preponderance of evidence. If the Board determines that the evidence does not merit a finding of Sexual Assault, the Board then shall consider whether “Sexual Misconduct” has been proven by a preponderance of evidence, whether or not stated in the Notice of Charges.

      m. Sanction: The panel may impose any sanction that it finds to be fair and proportionate to the violation and that is authorized for violations of the Sexual Assault and Misconduct Policy and/or the Social Code, including social probation, suspension, and indefinite or permanent dismissal. In determining an appropriate sanction, the panel may consider any record of past violations of the Sexual Assault and Misconduct Policy, Sexual Harassment Policy, and/or Social Code, as well as the nature and severity of the misconduct. Student disciplinary history, including compliance with any issued campus no contact orders will also be considered.  The panel will consider as part of its deliberations whether the Respondent poses a continuing risk to the Complainant or Complaining Witness and/or College community.   

      n. Decision: Within five (5) working days from the conclusion of the hearing (or such longer time as the Chair may for good cause determine), the Chair will provide the Complainant or the Complaining Witness, the Respondent, and the Dean of Student Affairs (if s/he is not the Chair) with a copy of the panel’s Determination Letter, and will provide the Complainant, the Respondent, and the Dean of Student Affairs (if s/he is not the Chair) with a copy of the panel’s Memorandum Opinion.

      o. Effective Date of Sanction: Sanctions imposed by a panel shall not be effective until any timely administrative appeal of the decision is completed.  However, if advisable to protect the welfare of the Complainant, Complaining Witness, or the College community, the panel may include in its Determination Letter that any probation, suspension, or dismissal is effective immediately and shall continue in effect until such time as the Student Appeals and Grievances Committee may determine otherwise. As Chair of the Student Appeals and Grievances Committee, the President may suspend the implementation of the sanction pending exhaustion of appeal, or allow the student to attend classes or other activity on a supervised or monitored basis. The President’s decision may not be appealed.

      p. Appeals: Respondents or Complainants wishing to appeal must do so within five business days of the panel’s decision. Appeals of Sexual Assault and Misconduct Board decisions are heard by the Student Appeals and Grievances Committee.  Appeals should be written to the President of the College, who serves as the Chair of the Student Appeals and Grievances Committee.  Respondents and/or Complainants should accompany appeals with materials relevant to their argument. The Office of the Dean of Student Affairs may provide a written statement to the Student Appeals and Grievances Committee in response to issues raised in the appeal.  A case is limited to one appeal.

The Student Appeals and Grievances Committee will limit its review of Sexual Assault and Misconduct Board decisions to a review of the record of the original hearing, supporting documents, and any statement by the Respondent, the Complainant, and/or the Office of the Dean of Student Affairs regarding any issue raised in the appeal. In order for an appeal to be granted, the appeal must demonstrate one or both of the following:
      i. Procedural error(s) that may have prejudiced the Board.
      ii. Evidence unavailable at the original proceeding which would likely
      have affected the decision.

Neither the Complainant nor the Respondent may appeal solely on the basis of dissatisfaction with the sanction. 

The Student Appeals and Grievances Committee will not be bound by the Sexual Assault and Misconduct Board finding of responsibility or the sanction.  The Student Appeals and Grievances Committee may affirm, reverse, or modify the decision and/or may eliminate, reduce or increase the sanction.   If the Student Appeals and Grievances Committee grants the appeal, it may direct the Chair of the Sexual Assault and Misconduct Board to take appropriate action in light of its decision or direct the Sexual Assault and Misconduct Board to reconsider the case with appropriate corrections, either of which could eliminate, reduce or increase the sanction.

C. Mediation
Mediation is a voluntary process intended to allow the parties involved in an alleged Sexual Misconduct matter to discuss their respective understandings of the incident with each other through the assistance of a mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Mediation is only offered as an option if both the Complaining Witness and the Respondent are students at Bowdoin. A Complaining Witness may elect to terminate a formal complaint process and enter into Mediation. Members of the Office of the Dean of Student Affairs staff will work with both parties to determine their willingness to participate in Mediation and whether it is appropriate for the case. Both parties must agree to the Mediation in writing and in lieu of Formal Adjudication.

1. Requesting Mediation: Requests for Mediation must be addressed in writing to the Dean who serves as Advisor to the Sexual Assault and Misconduct Board for the Office of the Dean of Student Affairs.

2. Assignment of a Mediator: Once both parties have agreed to Mediation, the identified Dean or a mediator appointed by the identified Dean will mediate the case. The mediator will contact both parties to set the date, time, and location of the Mediation session(s). The identified Dean will make every effort to assign a mediator within two (2) weeks of the agreement to participate in Mediation.

3. Procedures:
      a. Persons Participating: Typically only the mediator and the parties will be present at the Mediation session(s). However, either party may request, and the mediator may allow, for each party to have a support person present. The appointment of such persons and the extent of their participation in the Mediation are subject to the discretion of the mediator. Only those persons who may serve as support persons in Formal Adjudication outlined above may serve as support persons.
     
      b. Mediation Process: During the Mediation process the mediator normally will: (1) ask the parties to give their versions of the incident, including both factual information and their feelings; (2) identify key issues; (3) seek the agreement of both parties on the issues; (4) facilitate discussion; and (5) work with both parties to develop a written document that will include a statement of agreement.

4. Mediation Outcomes:
      a. Mediation Resolution: Any statement of agreement shall be signed by both parties at the completion of the Mediation process and approved by the Dean of Student Affairs or his/her designee.  Any activity or behavior to which either party has agreed following the Mediation shall be included in the agreement. As a mutual agreement, there is no appeal by either party from the terms of the agreement once it has been signed by the parties and approved by the Dean of Student Affairs or his/her designee. This approval shall constitute a directive of the Office of the Dean of Student Affairs requiring both parties to satisfy the terms of the agreement. The agreement will be kept on file at the Office of the Dean of Student Affairs. If either party believes the terms of the agreement have not been met, he or she may contact the Office of the Dean of Student Affairs. The Office of the Dean of Student Affairs shall ask the mediator or another person to investigate the allegation of noncompliance.  The Office of the Dean of Student Affairs may take such action as is appropriate in response to the investigation or the matter may be referred to the Judicial Board for investigation and sanctions if warranted.

      b. Non-resolution: If either party is dissatisfied with the Mediation process at any time prior to the signing of a written agreement, that party may request that the Mediation process cease. In such a case, either a Structured Meeting or Formal Adjudication may be pursued at any time while the Complaining Witness and Respondent are students at Bowdoin College.

5. Confidentiality:
In order to promote honest, direct communication, information disclosed in Mediation must remain confidential except where disclosure may be required by law or authorized in connection with duties on behalf of the College. In the event that Formal Adjudication is allowed after some part of the Mediation process has taken place prior to any resolution, only the complaint form will be forwarded.  No offers of apology or concessions made during the Mediation process may be admitted in the investigation or hearing processes. The Office of the Dean of Student Affairs will keep copies of the complaint form, the Mediation agreement, and any documentation concerning completion of the agreed-upon activities or behavior; this material will not be a part of the permanent student file of parties involved. 

III. ADDITIONAL TERMS

Failure by the College to observe the time limits or other procedural requirements expressed in these procedures shall not constitute an abridgement of the rights of the parties so long as a fundamentally fair process is afforded to the parties. The College may, but is not required, to suspend implementation of these procedures in the event of pending or likely criminal charges or civil litigation involving substantially the same complaint. This decision may not be appealed. 

Bowdoin College complies with applicable provisions of federal and state laws that prohibit discrimination in employment, admission or access to its educational or extracurricular programs, activities, or facilities based on race, color, ethnicity, national origin, religion, sex, sexual orientation, age, marital status, place of birth, veteran status or against qualified individuals with disabilities on the basis of disability.

IV. POLICY INTERPRETATION AND AMENDMENTS

Any question of interpretation or application of the Sexual Assault and Misconduct Policy shall be referred to the Dean of Student Affairs or the Dean of Student Affairs’ designee for final determination. 

The Sexual Assault and Misconduct Policy may be amended, in writing, by the President or the President’s designee at any time.

ASSISTANCE FOR SURVIVIORS OF SEXUAL ASSAULT AND SEXUAL MISCONDUCT

Sexual assault or sexual misconduct is not only a physical attack, but is also a personally threatening event that can undermine a person’s autonomy and trust in others. 

If it happens to you, seek support. Talking to a trained counselor can help in processing the immediate and longer term emotional impact of an assault.  Staff at Counseling Services, Health Services, and Sexual Assault Support Services of Midcoast Maine can provide confidential support. The Office of the Dean of Student Affairs or Security can also advise you on information related to pursuing follow up action on campus or through local authorities. 

Know your options: The steps listed below offer optional assistance to a survivor of sexual assault or sexual misconduct.  These steps help with immediate and ongoing medical needs and legal issues as well as to provide support to the survivor in regaining a sense of control over her or his life.

  • It is important to preserve physical evidence.  Do not shower, douche, or change clothing prior to seeking emergency medical care or calling the police. 
  • Obtain a medical examination as soon as possible. While acute, immediate post-assault treatment is provided in the Parkview and MidCoast hospitals’ emergency rooms, the Dudley Coe Health Center offers follow-up care, including health care services for students who have chosen not to seek care immediately after an assault.
  • Whether or not the assailant is known to you, document the details of the assault: the person’s clothes, hair, any identifying marks such as scars or tattoos, and the height of the person in relation to you. Keep a record of all you can recall about the events and the location even if you choose not to pursue immediate action.
  • Report the incident to the Brunswick Police Department and/or the Safety and Security Office as soon as possible. A student may also contact the dean-on-call or SASSMM Hotline (see page 69) for a general explanation of what to expect at the Emergency Room and when filing a police report. If requested, the dean-on-call will assist the student in notifying Campus Security and the Brunswick Police Department and will continue to support the student as long as the student wishes.
  • Remember, delayed reporting makes it more difficult to find and prosecute the attacker.  You are advised to file a report with the police, which does not oblige you to press charges or pursue legal action. Remember that most rapists are repeat offenders and that the police and courts cannot stop them without your help.

Dean, Doctor, and Counselor-on-call Program—ext. 3314 or 3500. 
A student who is a survivor of a sexual assault or sexual misconduct is urged to call Bowdoin Campus Security. Bowdoin Campus Security will respond at once, and at the same time notify the dean-on-call, doctor-on-call, and the counselor-on-call. All three parties may be reached directly through Bowdoin Campus Security by dialing 3500 from any College phone, or 725-3500 from off-campus, and asking for the dean-on-call or counselor-on-call. The student is not required to give a reason for calling the dean-on-call or counselor-on-call, nor does contacting them oblige the student to make a report with the police.

The dean-on-call, doctor-on-call, or counselor-on-call will contact the student or, if appropriate, will go to the Emergency Room to offer assistance. The student may ask the on-call staff to leave and not become further involved, but should recognize that doing so will make it more difficult for the College to provide coordinated assistance. 

The dean-on-call will work to ensure that the resources of the College are available to assist the student. The dean-on-call will work with others to make reasonable efforts to accommodate changes in academic and living arrangements requested by the student because of a sexual assault. The dean-on-call or counselor-on-call will also contact the student in the days following to offer assistance and support and will remain in contact with the student as long as the student wishes.

Resources
The College is committed to providing information regarding on- and off- campus services and resources to survivors of sexual misconduct and sexual assault. Any of the resources listed below can assist a student to access the full range of services available.

On-Campus Resources

Off-Campus Resources

Community Education about Sexual Assault and Sexual Misconduct
The Dean’s Office will undertake educational efforts to make all students aware of the policies and procedures contained in this document. Such efforts will include:

  • Notifying students of the conduct that is proscribed by the Sexual Assault and Misconduct Policy.
  • Informing students of the options and procedures for addressing possible violations of the policy.
  • Providing special training for professional staff who give advice and administer campus procedures under the policy.
  • Sponsoring programs that further awareness of the issues of sexual harassment, sexual assault and sexual misconduct and lead to their prevention.
  • Reporting periodically to the community on the number of incidents that have been brought formally or informally to the attention of the dean’s office.

Safe Space
Safe Space is a group of trained students dedicated to supporting of people who have experienced sexual harassment and sexual assault. Safe Space offers people who have experienced sexual harassment and sexual assault or sexual misconduct an opportunity to share their experiences in a confidential and supportive atmosphere. Members of Safe Space are trained by counselors from the Sexual Assault Support Services of Midcoast Maine and can be reached through campus mail, e-mail, or by telephone to answer questions and provide support. As part of their mission of support, Safe Space members sponsor a number of activities throughout the year aimed at educating Bowdoin students about sexual harassment and sexual assault. Members are available to discuss these issues with all students and members of the community. Names of members are available from Proctors and Resident Assistants as well as the Office of the Dean of Student Affairs, Counseling Services, Health Services, and Security.

 Click here for the Bowdoin College Anonymous Report Form for Sexual Assault and Misconduct (PDF).