The Antioch College Sexual Offense Prevention Policy

Approved October 31, 2005   Effective January 1, 2006
Sexual Offense Prevention Program phone number: x1127
also available as a pdf document

Preface:

In 1991, a group known as the Womyn of Antioch began a campaign to challenge the culture of sexual violence within Antioch College. Through this effort, a document was createdwhich became known as the Sexual Offense Prevention Policy (SOPP). The SOPP is Antioch College's formal attempt at ending sexual violence while fostering a campus culture of positive, consensual sexuality. It is about empowerment,changing our rape culture, and healing. The SOPP defines consent in a way that emphasizes respect and ongoing communication. It is designed to create an internal system that when followed, will prevent and also respond to sexual offenses within our Community. All Community Members and other persons who use or visit the Antioch campus, regardless of their relationship to Antioch, are expected to become familiar with and follow the SOPP. It applies equally to all types of sexualities, gender identities and gender expressions. As a college policy, it is recognized that the SOPP contains standards of conduct that are different from those of the legal system. It is not the intent of the SOPP to replace existing laws, but instead to include a consensual standard for sexual behavior within Antioch College. See Addendum A for “Herstory: 1990-1996”.

Consent:

Consent is defined as the act of willingly and verbally agreeing to engage in specific sexual conduct. The following are clarifying points:

• Consent is required each and every time there is sexual activity.
• All parties must have a clear and accurate understanding of the sexual activity.
• The person(s) who initiate(s) the sexual activity is responsible for asking for consent.
• The person(s) who are asked are responsible for verbally responding.
• Each new level of sexual activity requires consent.
• Use of agreed upon forms of communication such as gestures or safe words is acceptable, but must be discussed and verbally agreed to by all parties before sexual activity occurs.
• Consent is required regardless of the parties’ relationship, prior sexual history, or current activity (e.g. grinding on the dance floor is not consent for further sexual activity).
• At any and all times when consent is withdrawn or not verbally agreed to, the sexual activity must stop immediately.
• Silence is not consent.
• Body movements and non-verbal responses such as moans are not consent.
• A person can not give consent while sleeping.
• All parties must have unimpaired judgement (examples that may cause impairment include but are not limited to alcohol, drugs, mental health conditions, physical health conditions).
• All parties must use safer sex practices.
• All parties must disclose personal risk factors and any known STIs. Individuals are responsible for maintaining awareness of their sexual health.

These requirements for consent do not restrict with whom the sexual activity may occur, the type of sexual activity that occurs, the props/toys/tools that are used, the number of persons involved, the gender(s) or gender expressions of persons involved.

Violations of Policy:

   The SOPP is violated whenever there is an incident of non-consensual sexual conduct on the Antioch College campus, during an Antioch College sanctioned event, or between two Antioch College students regardless of location. This may include but is not limited to:

• Sexually based gestures
• Sexually based touching
• Sexually based penetration of any body opening by any means
• Sexually based stalking
• Sexually based forms of non-consensual communication, whether verbal, written, electronic, or telecommunication based
• Failure to disclose STIs and other personal risk factors, or failure to use safer sex practices
• Harassment of any kind based on sexuality, gender identity, or gender expression

Non-consensual conduct that is not sexually based should be referred to the Community Standards Board.

Education:

   Antioch College believes that education is key to understanding and utilizing the SOPP. The College is therefore committed to offering education and training activities through the SOPP office every term students are on campus. These educational offerings will vary based on the needs and desires of the Community, the resources available, and specific events that require response. Orientation of students, student groups, faculty, staff, visitors and guests of the College is a part of the SOPP educational curriculum, as is research and staff development. Statistical information including number and types of complaints received will be documented for each term and made available to the Community. See Addendum B for Educational Curriculum.

Support:

   Antioch College is committed to offering support to survivors of sexual violence. This support is provided in the form of services through the SOPP Office, Counseling Center, Wellness Center, and Infirmary. Support includes immediate response and advocacy for survivors, health services, individual counseling, group focuses, and advocacy on behalf of survivors in dealing with Antioch College and the general community. Options will be reviewed including criminal, civil and the SOPP complaint process. Services are also available to those seeking support who have been involved in a sexual violence situation but are not the survivor. See Addendum C for Emergency Procedures and Community Resources.

SOPP Complaints:

   Violations of Policy: Any Community Member or visitor may file a complaint when an alleged violation has occurred. It may be filed independently or with the assistance of the SOPP staff. The person who files a complaint is referred to as the Primary Witness, unless they are doing so as a Third Party Complainant. The person who is accused of violating the policy is the Respondent. See Addendum D for Complaint Procedures. Community members do not have to file a complaint in order to receive support services or education through the SOPP office.

  Levels of Complaints: There are four levels of complaints that can be filed. Person(s) wishing to remain anonymous fill out the complaint form, do not sign the form, and submit it to the SOPP Office. Persons who are willing to sign the complaint can indicate that they want the remedies to be informal or formal. The SOPP Hearing Board hears all formal complaints involving a Community Member as Respondent. Third party complaints may be filed by anyone other than the Primary Witness or Respondent regarding an SOPP violation.

Remedies: Remedies are determined, in part, by the level of complaint filed. Persons may file a complaint but choose to pursue no remedy. Remedies are developed, whenever possible, with the intent to increase educational awareness for all parties involved.

- Anonymous complaints are shared with the Dean of Students, who in consultation with the SOPP Advocate, determines if any action can be taken. This may take the form of fixing a door lock, offering additional training for a specific group and/or issuing a campus-wide alert.

- Informal complaint remedies are developed with the Primary Witness. These include education and support activities. Informal complaints do not involve disciplinary remedies for the Respondent. The decision to file an informal complaint does not prevent the filing of a formal complaint at a later date if a satisfactory remedy can not be implemented.

- Formal complaints filed against a Community Member involve the Primary Witness and Respondent appearing before the SOPP Hearing Board. The remedies may include educational and support activities for either or both parties, and disciplinary action for a Respondent who is found to have violated the Policy. Formal complaints filed against a non-Community Member will attempt to be resolved with the assistance of the Dean of Students.

     - Third Party complaints are reviewed by the SOPP Advocate and shared with the Dean of Students to determine if further action can be taken. The Primary Witness in a third party complaint may choose whether or not to participate in the complaint. Support and services are offered regardless of their decision. Multiple third party complaints about the same incident and/or Respondent are given stronger consideration and may warrant a stronger response.

   Remedy Enforcement: Failure to adhere to a determined remedy will result in stronger action, including the possibility of suspension or expulsion. See Addendum E for Remedy and Enforcement Procedures.

Hearing Board:

   Antioch College has a SOPP Hearing Board to review formal complaints that involve a Community Member as Respondent. It will react promptly and responsibly, with procedures based on legal and ethical practices. The Hearing Board Pool consists of nine Community Members (three students, three faculty and three staff). One individual from each group takes part in Hearing Board proceedings. The Hearing Board Pool receives formal training on SOPP Hearing Board procedures and other relevant issues. See Addendum F for Hearing Board Procedures.

Confidentiality:

   SOPP complaints and support services received through the SOPP office are confidential. Persons who do not maintain confidentially are subject to being brought before the SOPP Hearing Board and/or the Community Standards Board.

Review:

The SOPP will be presented for Community review every four years through an open format. This review is to ensure the Policy remains a viable document that meets Community needs, based on the ever-changing Community population.

Procedures:

The SOPP Advocate and the Dean of Students, with input from interested Community Members, are responsible for developing the specific procedures used within each policy component. Procedures are based on legal and ethical parameters, and will be updated by the Advocate when necessary. All procedural updates will be reviewed and approved by the Dean of Students and college attorney(s) prior to implementation.