Sexual Misconduct Policy
THE WHEATON COMMUNITY AND SEXUAL MISCONDUCT
Wheaton College is committed to creating and maintaining a community in which students, faculty and staff can work together in an atmosphere free of the threat of sexual assault and other forms of sexual misconduct. Every member of the college community should be aware that the college considers personal physical safety of students and employees to be a minimal prerequisite for the establishment of a learning environment.
Sexual assault is a violation of state law and college policy. Wheaton views any form of sexual misconduct and sexual assault as a serious offense. It is the intention of the college to take whatever action needed to prevent, correct and, if necessary, discipline behavior that violates this policy. Prosecution of students for crimes they commit, whether by state or federal prosecutors, is independent of, and in addition to, the charges or disciplinary proceedings instituted by the college.
Wheaton encourages all victims of sexual misconduct or sexual assault to call Public Safety immediately and report to the police. Wheaton Public Safety will notify the Norton Police of a report of sexual assault. Victims may then decide whether to pursue criminal charges. This can be done in conjunction with other campus options.
This brochure outlines Wheaton's policy and procedures on sexual misconduct and sexual assault. For a complete description of the college's judicial procedures, community standards, and the sexual harassment policy see the student handbook, which can be found on www.wheatoncollege.edu/student/handbook.
WHAT CONSTITUTES SEXUAL MISCONDUCT?
Wheaton defines sexual misconduct (including but not limited to sexual assault) as any kind of sexual physical contact that involves force or any form of coercion or intimidation. Also included in this definition is sexual physical contact with a person who is unable to consent.
Sexual physical contact includes the intentional touching of another person on the area of the body generally recognized as a private part of the body, or touching any part of another person's body with a private part of one's own body. An unwarranted touch may be considered sexual physical contact, no matter how slight it is.
A person who is unable to consent includes, but is not limited to, any person under age 16; anyone who is physically helpless or anyone who is mentally incapacitated. A physically helpless person is considered to be one who is unconscious or for any other reason unable to communicate unwillingness to engage in any act. A mentally incapacitated person may be one who is under the influence of alcohol or a drug, or who is mentally incapable of understanding the implications and consequences of any act.
The United States Supreme Court has concluded that sexual harassment may, in some cases, constitute sexual assault. (Wheaton's Sexual Harassment Policy can be found in the student handbook).
INFORMAL CAMPUS OPTIONS
These options apply to incidents of sexual misconduct or sexual assault when both parties are currently enrolled Wheaton students, whether the incident occurred on or off the campus. Informal options do not preclude taking a formal action at some later time, but they may have an impact on the outcome of formal proceedings. If the complainant is a Wheaton student, and the respondent is not a Wheaton student, counseling and support services are available from the Sexual Assault Response Team, the Wheaton Counseling Center, the Health Center and the Department of Public Safety, who will assist a complainant in pursuing criminal action.
Talk to the SART Coordinator or a member of the Sexual Assault Response Team.
A member of the Sexual Assault Response Team will review informal and formal options with the complainant. In almost all cases action will only be taken with the consent of the complainant. Wheaton reserves the right to take action in cases where the presence of an individual may present a danger to the community. The complainant will always be informed of any action to be taken.
Seek Counseling.
Members of the Sexual Assault Response Team, Student Life staff, Public Safety officers or the Wheaton College Counseling Center can provide complainants with information about counseling. There are confidential services available on campus and in the local area for students who need help.
Confront the Respondent.
The Dean of Students or a member of the Sexual Assault Response Team can assist a complainant in confronting the person they are accusing. Such meetings are only appropriate if both parties agree and will occur in the presence of the Dean or her designee. This option helps complainants to regain control and express their hurt and anger. Some complainants in cases of acquaintance sexual misconduct or assault have found this to be an appropriate resolution. This meeting does not prevent the complainant from taking a formal action subsequently; this option is not appropriate if the person being accused presents a clear danger to the community.
Possible outcomes of informal options.
The Dean has the authority to issue a campus "No Contact" request. This may require the respondent to move or change classes and will limit the contact the respondent can have with a complainant. The campus includes classes, residence halls, academic and recreational facilities and dining halls. The complainant will be expected to terminate any contact with the respondent as well.
- The Dean or Associate Dean for Student Life may require the respondent to move from a particular residence hall or move off campus.
- The Dean or Associate Dean for Student Life may mandate a counseling evaluation for the respondent.
- The college will approve reasonable requests to modify a complainant's class schedule or residential arrangements where appropriate and when other options are available.
Formal hearing: College Hearing Board
In responding to reports of sexual misconduct Wheaton seeks to provide redress for the complainant, to provide a fair process for the respondent, and to protect the campus community from the threat of such incidents. The Dean of Students has the discretion to suspend a student accused of sexual misconduct, pending a formal hearing (see Interim Suspension in the student handbook). This formal hearing option applies when both parties are currently enrolled Wheaton students, whether the incident occurred on or off the campus.
A complainant may choose to bring a case of sexual misconduct or sexual assault directly to the College Hearing Board. Wheaton's judicial procedures are found in the student handbook. Sanctions imposed by the College Hearing Board for an individual found responsible for violation of the sexual misconduct policy include probation or a recommendation to the President for suspension or expulsion. Appeals of procedural violations are heard by the Appellate Board and reviewed by the President. Both parties will be notified to be present for the hearing, will be assigned a student procedural advisor, and may call witnesses. Both parties must be present to hear any sanction. The respondent will receive written notification of any sanction following a hearing. Sanctions of probation or suspension may involve required psychological evaluations or counseling by a licensed mental health professional and require the student to submit proof of successful completion of a program of counseling or the results of an evaluation.
Resources for support and assistance
24 Hour On-Call/Emergency Response
Public Safety:
Emergency: Extension 3333 or 508-285-5051
Business: Extension 8213 or 508-285-8213
| The Department of Public Safety will assist a complainant in a variety of ways including, but not limited to, the following: |
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| Area Coordinator/Dean-on-Call: Call Public Safety (ext. 3333 or 8213) and ask to be connected with the Area Coordinator or Dean-0n-Call. |
New Hope
| Rape Crisis Hotline (24 hours): | 1-800-323-4673 |
| Rape and Sexual Assault General Information Line: | 508-226-4015 |
| Morton Hospital Referral Line: | 508-828-777 |
| Sturdy Memorial Hospital Emergency Room: | 508-222-5200 |
During Regular Business Hours
| Wheaton Health Center | 508-286-5400 or ext. 5400 |
| Craig Andrade, Director of Student Health Services | |
| Counseling Center | 508-286-3905 or ext. 3905 |
| Martha Lamb, Director of Counseling Services | |
| Donna Goodwill, College Counselor | |
| Peter Guthrie, College Counselor | |
| Robin Woods, College Counselor |
