I. Introduction
A. Overview of College Procedure
Sexual Harassment will not be tolerated at the College. As a recipient of federal funds, the College is required to and does comply with Title IX, which prohibits discrimination on the basis of sex in education programs and activities. Sexual Harassment, as defined by Title IX, is a form of discrimination prohibited by Title IX. This policy also complies with state law, 20-A M.R.S.A. §§12981 et seq., which governs sexual violence, intimate partner violence, and stalking. This policy also incorporates and applies the Federal Bureau of Investigation Uniform Crime Reporting Program sexual offenses definitions in effect at the time the incident is reported to have occurred, as required by federal law.
Matters alleging gender-based discrimination or harassment that do not meet the definition of Sexual Harassment under Title IX are likewise prohibited and shall be governed by either the Employee Freedom from Discrimination and Harassment policy or the Student Code of Conduct.
The College offers alternative processes to resolve Formal Complaints of Sexual Harassment (except, as described below, in the case of Formal Complaints involving a Student and an Employee as defined by this policy). These processes are designed to provide prompt, fair, and impartial resolution of Formal Complaints as well as an opportunity for parties to present their versions of the incident and to understand the nature of the incident and its effects on each party and on the College community. The two methods of resolution differ in their procedures and potential results. In all instances, the timeline for resolution of Formal Complaints moves as expeditiously as is possible. All procedures in this policy shall be uniformly applied.
B. Definitions
“Coercion” means the improper use of pressure to compel another to engage in or continue sexual activity against their will, including duress, cajoling, manipulation, and blackmail. Coercion occurs when a Respondent keeps pressuring the Complainant to acquiesce to sexual activity even after the Complainant has made clear that the pressure is unwelcome.
“Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment under Title IX or that otherwise constitutes sexual misconduct or Interpersonal Violence. Pursuant to Title IX, a Complainant must be a Student, Employee or third party who is participating or is attempting to participate in a Bowdoin Education Program or Activity at the time of filing the Formal Complaint. Complainant also includes a “Reporting Party” under 20-A M.R.S.A. § 12981(6).
“Confidential Resource Advisor” is a specifically-designated Bowdoin staff member who is authorized to offer privileged and confidential conversations and services related to sexual misconduct, intimate partner violence/abuse, and stalking for students and employees at Bowdoin. The CRA will not disclose confidential information without the prior written consent of the party who shared that information and the CRA is not obligated to report occurrences to the Campus Title IX Coordinator, except that the CRA may be required to act when there is a concern for immediate safety or in the case of a report of abuse involving minors.
“Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual abuse, physical abuse, emotional violence, or the threat of such violence and does not include acts that meet the definition of “Domestic Violence.”
“Dean for Student Affairs” means the Senior Vice President and Dean for Student Affairs or their designee.
“Dean of Students” means the Dean of Students or their designee.
“Decision Makers” means the Hearing Officer, who determines responsibility, and the sanctioning decision makers: the Dean of Students (in Student Respondent cases); the Senior Vice President and Dean for Academic Affairs, in consultation with the Vice President of Human Resources (in faculty Respondent cases); or the appropriate Senior Officer, in consultation with the Vice President of Human Resources (in staff Respondent cases).
“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Maine, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Maine. In Maine, this includes the following crimes: Domestic violence assault (17-A M.R.S.A. § 207-A), Domestic violence criminal threatening (17-A M.R.S.A. § 209-A), Domestic violence threatening (17-A M.R.S.A. § 210-B), Domestic violence stalking (17-A M.R.S.A. § 210-C), and Domestic violence reckless conduct (17-A M.R.S.A. § 211-A).
“Education Program or Activity” means locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which alleged Sexual Harassment occurred and includes any buildings owned or controlled by a student organization that is officially recognized by the College.
“Effective Consent” means words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective Consent cannot be gained by Force, by ignoring or acting in spite of the objections of another, or by taking advantage of the Incapacitation or Intoxication of another, where the Respondent knows or reasonably should have known of such Incapacitation or Intoxication. Consent does not include silence, lack of resistance or consent given while intoxicated. The use of alcohol or other drugs will never function to excuse behavior that violates this Policy. Effective Consent is also absent when the activity in question exceeds the scope of Effective Consent previously given, including where consent was given to certain sexual activity under certain conditions (for example, with the use of a barrier method of birth control) and the activity in question violates any such conditions. In addition, certain states have designated a minimum age under which a person cannot give Effective Consent.
“Employee” means, for purposes of this policy, a staff or faculty member employed in the College’s Education Programs or Activities. This definition includes casual employees and visiting faculty. Depending on the circumstances, a Student who is employed by the College may be considered an “Employee” for purposes of this policy.
“Expert Witness” means any individual who has expertise, training, or special knowledge that is relevant to the specific details of a Complaint of Sexual Harassment.
“Final Outcome Letter” means the letter issued by the Hearing Officer stating their decision and setting forth: the name of the Respondent; the allegations potentially constituting Sexual Harassment; a description of the procedural steps taken from the filing of the Formal Complaint, including notifications to the parties, interviews with the parties and witnesses and all steps and methods used to gather evidence and hearings held; findings of fact supporting the determination, conclusions regarding the application of this policy to the facts, including a statement of, and rationale for, the result as to each allegation, and a determination regarding responsibility, any disciplinary sanctions the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s Education Programs and Activities will be provided to the Complainant; and the College’s procedure and bases for the parties to appeal.
“Force” means physical force, violence, threat, intimidation, or coercion.
“Formal Complaint” means the document filed by the Complainant or signed by the Title IX Coordinator or their designee alleging Sexual Harassment against a respondent and requesting the College investigate the allegation. The Formal Complaint must be made in writing and it must contain the Complainant’s physical or digital signature, (or otherwise indicates that the Complainant is the individual filing the Formal Complaint). At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the College. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information provided in this policy.
“Hazing” means behavior or actions as defined by the Campus Hazing Policy. A report of hazing that involves sexual misconduct may be referred to an investigation under the Title IX Policy.
“Hearing Officer” means the external, neutral person hired by Bowdoin to preside over and conduct the live hearing following the submission of the Investigative Report and to make a determination of responsibility. The Hearing Officer will receive not less than annual training, including regarding Title IX and as required under 20-A M.R.S.A. § 12982(3)(G)(2).
“Incapacitation” means the physical and/or mental inability to make informed, rational judgments. States of Incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol or another drug is involved, Incapacitation is determined by how the alcohol or other drug consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments, such as where a person is intoxicated and experiences a “substantial impairment” of their mental or physical faculties as a result of drug or liquor use (28-A M.R.S.A. § 2503(2)).
“Intimate Partner Violence” as defined by 20-A M.R.S.A. § 12981(5) means acts of physical or psychological violence by an individual in a social relationship with another individual of an intimate nature, regardless of whether the individuals were or are sexual partners. It can include, but is not limited to: attempting to cause or causing bodily injury or offensive physical contact, including sexual assaults; attempting to place or placing another in fear of bodily injury through any course of conduct, including, but not limited to, threatening, harassing or tormenting behavior; compelling a person by force, threat of force or intimidation to engage in conduct from which the person has a right or privilege to abstain or to abstain from conduct in which the person has a right to engage.
“Interpersonal Violence” means Intimate Partner Violence, Stalking and/or Sexual Violence as they are defined in 20-A M.R.S.A. § 12981.
“Investigative Report” means the report submitted by the Investigator. The Investigative Report includes a summary of all relevant evidence.
“Investigator” means the external, neutral individual hired by Bowdoin to investigate the allegations of the Formal Complaint. The Investigator will receive not less than annual training, including regarding Title IX and as required under 20-A M.R.S.A. § 12982(3)(G)(2).
“No contact order” means a directive from the College to individuals to refrain from communicating with each other in person, by telephone, or by e-mail or other electronic means, as well as by trying to communicate through a third-party. Additionally, parties to an NCO may not communicate about one another via social media, including but not limited to, posting content about the other party. Retaliation related to an NCO is prohibited. It is the policy of the College to make all NCOs reciprocal.
In rare and unusual circumstances requiring an NCO between an employee of the College and a student, the Title IX Coordinator will consult with the Vice President for Human Resources. In such cases, the College expects the parties to make all reasonable efforts to limit direct contact between the parties, an NCO shall not be interpreted as limiting an employee’s ability to carry out required job duties. For example, a list-serve email sent by an employee.
An NCO should not be interpreted as a finding of any violation of College policy, and is not a sanction; however, the imposition of a NCO does not preclude disciplinary charges from being raised as a result of any past interactions, and a violation of an NCO by either party can result in disciplinary action. NCOs remain in place until they are expressly removed in writing by the Office of the Dean of Students.
In addition to the Office of the Dean of Students, Office of Institutional Equity and Compliance, the Department of Safety and Security, and the Office of Residential Life shall be informed about NCOs.
A violation of an NCO can result in disciplinary action. NCOs remain in place until they are expressly removed in writing.
“Quid Pro Quo Harassment” means: an employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
“Report of Sexual Harassment” means communication to the Title IX Coordinator(s) or other Responsible Employee of a possible violation of this Policy.
“Respondent” means the individual who is reported to have done the conduct that could constitute Sexual Harassment under Title IX or sexual misconduct or Interpersonal Violence. Pursuant to Title IX, any individual may be a Respondent, whether they are a Student, Employee or third party, so long as the reported activity occurred within a Bowdoin Education Program or Activity against a person in the United States. Respondent also includes a “Responding Party” under 20-A M.R.S.A. § 12981(7).
“Responsible Employee” means any Bowdoin employee: who has the authority to take action to redress Sexual Harassment; who has been given the duty of reporting incidents of Sexual Harassment to the Title IX Coordinator or other appropriate College designee; or who a Student or Employee could reasonably believe has this authority or duty. This includes but is not limited to faculty, academic support staff, security personnel, coaches, residential life student and professional staff, deans, and other College administrators. This excludes non-reporting and privileged resources listed above.
“Sexual Assault” means a forcible or non forcible offense under the uniform crime reporting system of the Federal Bureau of Investigation at the time of the reported incident.
Sex offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.- Rape (except statutory rape): Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
- Criminal Sexual Contact. The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation. - Unlawful sexual intercourse: Unlawful, nonforcible sexual intercourse, including incest and statutory rape.
- Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.
“Sexual Harassment” means unwelcome conduct on the basis of sex that satisfies one or more of the following: (1) Quid Pro Quo Harassment by an employee; (2) unwelcome conduct that a reasonable person would consider so severe, pervasive and objectively offensive as to deny the victim equal access to the College’s Education Program or Activity; or (3) Sexual Assault, Dating Violence, Domestic Violence or Stalking. Under state law, sexual harassment can also include verbal or physical conduct of a sexual nature directed at a specific person, including, but not limited to, unwelcome sexual advances; sexually suggestive remarks or actions; unwanted hugs, touches or kisses; and requests for sexual favors. "Sexual harassment" includes retaliation for communicating about or filing a complaint of sexual harassment.
“Sexual Violence” means any crime defined under Maine state law, Title 17A, chapter 11, including but not limited to, unauthorized dissemination of certain private images and aggravated sex trafficking, sex trafficking and sexual harassment as defined under state law.
“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. Examples of stalking may include: unwanted, intrusive, and frightening or otherwise emotionally distressing communications by phone, mail, and/or email; repeatedly leaving or sending unwanted items such as gifts; following or waiting for a person at places such as home, school, or work; making direct or indirect threats of harm to a person, or to the person’s children, relatives, friends, or pets; damaging or threatening to damage property; harassment through the Internet or social media; and posting information or spreading rumors about a person. Stalking also includes conduct that constitutes a state crime as defined by 17-A M.R.S.A §210-A.
“Student” includes, for purposes of this policy, all persons who are matriculated students, including those engaged in study away programs, or whose degrees have been deferred, and any individual on a leave from the College (including medical, personal, disciplinary, or academic leaves). Individuals who have been permanently separated from the College are Students for purposes of this Policy.
“Supportive Measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent following a Report or before or after the filing of a Formal Complaint. Supportive measures may include changes in academic status, dining, housing, transportation or campus employment; access to counseling and other mental health services; excused absences, academic counseling and tutoring; temporary academic course and/or on-campus work accommodations.
“Title IX Coordinator” means the trained administrator designated to oversee the College’s compliance with Title IX and assist the parties with the process. A Deputy Title IX Coordinator is a trained administrator or staff person designated to assist with Title IX compliance and the implementation of this Policy.
“Witness” means any individual who can attest firsthand to information related to a Formal Complaint of Sexual Harassment.
C. Jurisdiction
This Policy applies to allegations of Sexual Harassment by a Complainant who is a Student, Employee, or third party participating or attempting to participate in a Bowdoin Education Program or Activity at the time of filing a Formal Complaint against any individual, where the conduct is alleged to have occurred within a Bowdoin Education Program or Activity against a person within the United States.
Cases of sexual misconduct or Interpersonal Violence that may not meet the regulatory definitions of Title IX may nevertheless violate College policy, including, but not limited to, the Code of Community Standards and/or the Employee Freedom from Discrimination and Harassment Policy.
Such cases will be evaluated and, as appropriate, handled as a violation of the Code of Community Standards and/or a violation of the Employee Freedom from Discrimination and Harassment Policy. Matters involving Bowdoin students or employees engaged in alleged misconduct that otherwise meets the definition of “Sexual Harassment” under Bowdoin’s Title IX Policy or constitute Interpersonal Violence, shall be addressed using the procedures set forth in this Title IX Policy.
D. Filing a Formal Complaint
A Complainant may file a Formal Complaint with the Title IX Coordinator in writing in person, by mail or electronically. The Formal Complaint must bear the Complainant’s physical or digital signature (or otherwise indicate that the Complainant is the filer) and must include information, which need not be extensive, about the alleged violation(s) and a request that the College investigate.
E. Procedural Options
The College has established two procedures to address cases of alleged Sexual Harassment based on the filing of a Formal Complaint: Formal and Alternative Resolution. Details of these procedures and the associated parameters regarding their use are outlined below.
F. Advisors to the Parties
Both the Complainant and the Respondent are entitled to have an advisor of their choice, who may be an attorney, present during any part of the process outlined in this Policy. The advisor’s role and scope of their participation is set forth in further detail below and the Hearing Officer may, in their discretion, provide a hearing guide with additional information regarding the Advisor’s role at the Hearing.
G. Timing of Complaints and Availability of Procedures
If a Formal Complaint, as defined by this Policy, falls within the scope of this Policy, there is no time limit associated with invoking this Policy. Nevertheless, Students and Employees are encouraged to report alleged Sexual Harassment immediately in order to maximize the College’s ability to obtain evidence and conduct a thorough, impartial, and reliable investigation. Failure to promptly report alleged Sexual Harassment may result in the loss of relevant evidence or the inability to obtain Witness testimony.
H. Privacy and Non-Retaliation
Information shared in the context of a Title IX report, Formal Complaint or proceeding is private and should not be shared beyond those who are approved to review it (such as a party and their advisor). In particular, proceedings such as meetings, interviews and hearings are private and closed, meaning only the approved participants may attend or access those proceedings. These expectations of privacy do not limit a party’s ability to speak about the matter in order to prepare for a proceeding or for their own emotional support.
Additionally, neither the College nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or Formal Complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding or hearing under this Policy. To do so constitutes a violation of this policy and may result in disciplinary action. Retaliation should be reported promptly to the Title IX Coordinator.
I. False Reports and Statements
College students who provide information as part of an investigation, whether as parties to the proceedings or as Witnesses, are expected to be truthful in accordance with the College's Code of Community Standards, including the Academic Honor Code and Social Code. Making false reports or materially false statements is prohibited and may result in the initiation of a case with the Conduct Review Board or administrative resolution by a Dean.
Employees who provide information as part of an investigation, whether as parties to the proceedings or as Witnesses, are also expected to be truthful and may face disciplinary action, pursuant to Bowdoin College Human Resources Policy if found to have made false reports or materially false statements.
J. Protection for Possible Incidental Conduct Violations Connected to Report of Sexual Harassment
The College encourages reporting Sexual Harassment in all cases. Students who report Sexual Harassment or provide testimony as to an incident of Sexual Harassment will generally not be held responsible for actions connected to the reported incident, that might constitute a violation of the Code of Community Standards, as long as their actions did not put another individual or the community at risk.
K. Reporting to Law Enforcement and Criminal Proceedings
Sexual Harassment may constitute both a violation of this Policy and criminal activity, and Bowdoin encourages Students and Employees to report alleged Sexual Harassment promptly to local law enforcement agencies, should they so choose. Students and Employees may notify or decline to notify law enforcement or campus Safety and Security of instances of Sexual Harassment, sexual misconduct or Interpersonal Violence. The filing of a Formal Complaint of Sexual Harassment under this Policy and the initiation of a criminal proceeding may be pursued simultaneously. The filing of a Formal Complaint under this Policy is independent of any criminal investigation or proceeding (except that the College’s investigation may be delayed temporarily if law enforcement requests a delay to gather evidence). The College’s Title IX process is not a substitute for the criminal justice system. Although protection orders are enforced by law enforcement and the courts, to the extent a Student or Employee obtains a protection order they should notify the Title IX Coordinator.
L. Timeframes under this Policy
The timeframes set forth in this Policy may be temporarily delayed or extended by the College for good cause with written notice and explanation to the Complainant and Respondent of the delay. Good cause may include various considerations, such as the absence of a party, a party’s advisor or a witness, concurrent law enforcement activity or the need for accommodations for a participant in the process.