Sexual Misconduct (including sexual assault)

Policy Statement

Acts of sexual misconduct, including sexual harassment and sexual violence, will not be tolerated at Haverford College.  They are anathema to Haverford’s foundational principles that underscore human dignity, promote equality, and repudiate violence in any form. The goals of this policy are to create a community free from sexual misconduct of all kinds, to provide avenues for those affected by sexual misconduct to obtain assistance and to provide a prompt and equitable complaint and investigation procedure.  The College is committed to helping students affected by sexual misconduct deal with its impact, and has many resources available to do so.  Students subjected to sexual misconduct are encouraged to explore all options available to them—including College judicial processes, civil litigation, or pursuing criminal charges.  These options are not mutually exclusive.

Students who believe they have experienced sexual misconduct may choose to contact directly medical, psychological or judicial personnel on or off campus indicated on the Resources and Support page, but if the individual is in physical danger, or has physical injuries which require immediate attention, she/he should call Campus Safety or 911, and a Campus Safety/police officer will respond right away.

Haverford College respects the privacy of students who seek help and/or report incidents of sexual misconduct, but cannot guarantee confidentiality. (Only certain professionals with statutory confidentiality privileges acting within that role [e.g., licensed mental health professionals, medical professionals, and clergy] can guarantee confidentiality). Title IX of the Education Amendments of 1972 obligates the College to stop sexual harassment (including sexual violence), remedy its effects, and take steps to prevent its recurrence.  As a result, while protecting confidentiality to the greatest extent possible, the College may need to investigate an incident and take action once an allegation is known, whether or not the student wishes to pursue a complaint.

 

What is Sexual Misconduct?

As stated above, sexual misconduct includes all forms of sexual harassment, including sexual violence.  Please read the definitions and policy statements below very carefully, and consult with the College’s Title IX Coordinator if you have any questions.  Members of the Haverford community are expected to uphold these standards, and violations will be taken very seriously as Honor Code violations subject to the Dean’s Panel Guidelines.  Any student wishing to make a complaint of sexual misconduct should contact any member of “The Circle”, administrators who are trained to assist and provide support for those who may have experienced sexual misconduct.

Sexual misconduct is a broad term encompassing sexual harassment and any non-consensual physical contact of a sexual nature.  This includes contact that is committed by force or intimidation, or through the use of the victim’s mental or physical incapacity, including as a result of the consumption of drugs or alcohol. Sexual misconduct includes but is not limited to the following:

  • Sexual Harassment
  • Sexual Exploitation
  • Non-Consensual Sexual Contact (Sexual Violence)
  • Non-Consensual Sexual Intercourse (Sexual Violence)
  • Forced Sexual Intercourse (Sexual Violence)

For purposes of Title IX, sexual violence is considered a form of sexual harassment, which means that, as with other forms of sexual harassment, the College must take steps to end the harassment and prevent its recurrence.  Thus, while not all incidents of sexual harassment qualify as sexual violence, all sexual violence qualifies as sexual harassment.  A student who is accused of sexual violence may be found responsible for sexual harassment (or another form of sexual violence) even if that latter charge is not specified in the letter from the Convening Dean listing the violations being considered.

Definitions and Key Concepts

 

Consent for purposes of this policy is defined as that which is:

  • informed,
  • freely and actively given,
  • through mutually understandable words or actions,
  • conveying a clear indication of willingness to engage in mutually agreed upon sexual activity (or in more plain language—to agree to do the same thing, at the same time, in the same way, with each other).

Engaging in any non-consensual sexual activity, as defined below, including with a person whom one knows or should reasonably know to be physically or mentally incapacitated or unable to give consent, including as the result of drugs or alcohol, is a violation of Haverford’s community standards and, as such, is unacceptable.

Incapacitation for purposes of this policy is defined as:  being incapable of making a rational, reasoned decision regarding intimate sexual activity.

Some important considerations:

  • The same definitions apply whether the individuals involved in the sexual activity are strangers, acquaintances or friends.
  • The consumption of alcohol may impede one’s ability to give consent as well as to recognize when consent is not present.
  • The responsibility of obtaining consent is that of the person who wants to engage in sexual activity.
  • Lack of resistance and/or silence does not imply consent.  Therefore, relying on non-verbal communication can lead to misunderstanding.
  • The existence of a dating relationship between the persons involved or the fact of a past sexual relationship does not establish consent.
  • Consent that is obtained through the use of force, threats, intimidation or coercion does not constitute consent for purposes of this policy.

Some key concepts:

Intercourse: Intercourse includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact).

Sexual touching:  Sexual touching is any sexual contact with the breasts, buttocks, groin, genitals, mouth or other bodily orifice of another person, or touching another person with any of these body parts, or making another person touch you or themselves with or on any of these body parts; any bodily contact in a sexual manner, even if not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

 

Forms of Sexual Misconduct:  Definitions and Policies

 

Sexual Harassment:

 

Sexual harassment is unwelcome conduct that is sexual in nature.  Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature when:

A) Submission to or rejection of such conduct is a term or condition of educational benefits, academic evaluations or opportunities (quid pro quo); or

B) Such conduct is sufficiently severe, pervasive and objectively offensive as to have the effect of creating an intimidating, hostile or offensive environment sufficient to deny an individual educational benefits or participation in activities at the institution (hostile environment).

 

Policy Statement: Haverford prohibits sexual harassment of any kind.  Sexual harassment as defined above is a violation of Haverford’s community standards and, as such, is unacceptable.

Sexual harassment is a form of sex discrimination that is specifically prohibited by Title IX.

 

Gender-based stalking may also be considered a form of sexual harassment.

Stalking is:  repetitive and/or menacing pursuit, following, harassment, and/or interference with the peace and/or safety of a member of the community.

Stalking may take many forms, including but not limited to persistent calling, texting, posting on a social networking site, as well as physical stalking.

Policy Statement: Stalking as defined above is a violation of Haverford’s community standards and, as such, is unacceptable.

See  “The Students’ Guide” for more information on harassment and discrimination.

 

Sexual Exploitation can include, but is not limited to:

 

  • invasion of sexual privacy (such as letting one’s friends hide in the closet to watch consensual sex);
  • non-consensual video or audio-taping of sexual activity;
  • engaging in voyeurism;
  • knowingly transmitting an STI to another student;
  • exposing one’s genitals in non-consensual circumstances;
  • prostituting another student.

Policy Statement: Any conduct that sexually exploits another is in violation of Haverford’s community standards and, as such, is unacceptable.

Non-consensual Sexual Contact (sexual violence) includes:

 

  • any touching of another person’s intimate body parts (or forcing another to touch one’s intimate body parts);
  • however slight;
  • with any object or body part, including fingers;
  • by a man or a woman upon a man or a woman;
  • without consent.

Policy Statement: Touching a person’s intimate body parts (such as genitalia, groin, breast, buttocks, mouth, and or clothing covering them), or forcing another to touch one’s intimate body parts, without consent is a violation of Haverford’s community standards and, as such, is unacceptable.

Non-Consensual Sexual Intercourse (sexual violence) includes:

 

  • any sexual intercourse (anal, oral or vaginal);
  • however slight;
  • with any object or body part, including fingers;
  • by a man or a woman upon a man or a woman;
  • without consent.

 

Policy Statement: Non-consensual vaginal, anal, or oral penetration, with any object or body part is a violation of Haverford’s community standards and, as such, is unacceptable.

 

Forced Sexual Intercourse (sexual violence) includes:

 

  • sexual intercourse (anal, oral or vaginal);
  • with any object or body part, including fingers;
  • using force, threat or intimidation;
  • by a man or woman upon a man or woman.

Policy Statement: Non-consensual vaginal, anal or oral penetration with any object or body part that is committed by force, threat or intimidation is a violation of Haverford’s community standards and, as such, is unacceptable.

Retaliation is: intentionally engaging in any form or intimidation, reprisal or harassment against an individual who has made an allegation of sexual misconduct, or otherwise participated in the investigation or resolution of such a complaint.

Policy Statement: Retaliation against an individual who has made an allegation of sexual misconduct, or otherwise participated in the investigation or resolution of such a complaint, is specifically prohibited.  Such retaliation is a violation of Haverford’s community standards and, as such, is unacceptable.

If you have questions or concerns in this area that are having an impact on your decision about whether or not to come forward with a report or allegation of sexual misconduct, we encourage you to discuss them with the Title IX Coordinator or other administrators (“The Circle”) who are trained to assist and provide support for those who have experienced sexual misconduct.

Last modified: May 15, 2013