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Preventing and Responding to Sexual Misconduct: Building a Climate of Safety and Respect at Yale

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Preventing and Responding to Sexual Misconduct: Building a Climate of Safety and Respect at Yale Preventing and Responding to Sexual Misconduct: Building a Climate of Safety and Respect at Yale rev. 8/17 1 yale resources SHARE: Information, Advocacy, and Support Yale Police Department sharecenter.yale.edu your.yale.edu/community/public-safety/police/ 203.432.2000 (24-hr availability) sensitive-crimes-support Professional, expert help for people who have experienced 203.432.4400 (24-hr availability) sexual misconduct and their friends and family Sworn police officers; Sensitive Crimes & Support Coordinates medical treatment, evidence collection Coordinator Assists with contacting police and/or initiating a complaint Conducts criminal investigations Will only share information if you wish, except in situations Provides services to victims, such as safety planning and of imminent harm assistance in obtaining a protective order Will consult without requiring a police report to be filed University-Wide Committee on Sexual Misconduct Reports information to the University Title IX Coordinator uwc.yale.edu 203.432.4449 (9 am–5 pm weekdays) Title IX Coordinators Yale’s internal disciplinary committee for cases of sexual provost.yale.edu/title-ix/coordinators misconduct 203.432.6854 (9 am – 5 pm weekdays) Members include faculty, staff, and students; supported by See page 29 for Title IX coordinators’ contact information professional, impartial fact-finders University Title IX Coordinator; deputy coordinators assigned Complainants can discuss options and seek resolution, to Yale College, the Graduate School, each professional remedies, and disciplinary action school, faculty, and staff Handles formal complaints Responsible for policies, programs, coordination of resources, tracking and investigating complaints Reports information to the University Title IX Coordinator Coordinate interim measures, accommodations, and remedies Another way to connect with Inform complainants of disciplinary and criminal options Yale resources! Required to take action in situations of immediate or Download the Livesafe® app from the ongoing threat to an individual or the safety of the Apple or Android app stores. community Report information to the University Title IX Coordinator For the most up to date information visit smr.yale.edu Not sure where to begin? Contact SHARE photos: Michael Marsland, University Photographer 2 introduction smr.yale.edu table of contents This guide provides an overview of the University’s Yale Sexual Misconduct Policies policies and the broad range of resources available and Related Definitions 2 to prevent and respond to sexual misconduct at Primary Resources 7 Yale. For detailed information, please see the Sexual Prevention 10 Misconduct Response website (smr.yale.edu). Response Understanding Confidentiality 14 The most important thing that you need Know Your Options 16 to know is: Seeking Accommodations, Remedies, and Protective Measures 18 You should expect to feel safe and Pursuing a Complaint 18 respected at all times at Yale. If for any Appendix: Related Federal reason you do not, Yale will provide and State Laws and Definitions 20 resources to support you and help you Additional Resources 28 take action. Title IX Coordinators 29 1 yale sexual misconduct policies and related definitions Yale University is committed to maintaining and strengthening educational, working, and living environments founded on mutual respect in which students, faculty, and staff are connected by strong bonds of intellectual dependence and trust. Sexual misconduct is antithetical to the standards and ideals of our community. Therefore, Yale University prohibits all forms of sexual misconduct. Yale aims to eradicate sexual misconduct through education, training, clear definitions and policies, and serious consequences for policy violations. The University Title IX Coordinator has responsibility for ensuring compliance with Yale’s policies regarding sexual misconduct. The University-Wide Committee on Sexual Misconduct (UWC) and the Title IX coordinators both address allegations of sexual misconduct. These policies apply to all members of the Yale community as well as to conduct by third parties (i.e., individuals who are not students, faculty, or staff, including but not limited to guests and consultants) directed toward University students, faculty, or staff members. Conduct that occurs in the process of application for admission to a program or selection for employment is covered by these policies. Many forms of sexual misconduct are prohibited by federal law, including Title IX of the education amendments of 1972, and by Connecticut statutes, and could result in criminal prosecution or civil liability. 2 smr.yale.edu Definition of Sexual Misconduct when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s Sexual misconduct incorporates a range of behaviors employment or academic standing; or (2) submission including sexual assault, sexual harassment, intimate to or rejection of such conduct is used as the basis for partner violence, stalking, voyeurism, and any other employment decisions or for academic evaluation, conduct of a sexual nature that is nonconsensual, grades, or advancement; or (3) such conduct has the or has the purpose or effect of threatening, purpose or effect of unreasonably interfering with intimidating, or coercing a person. an individual’s work or academic performance or Much sexual misconduct includes nonconsensual creating an intimidating or hostile academic or work sexual contact, but this is not a necessary component. environment. Sexual harassment may be found in a For example, threatening speech that is sufficiently single episode, as well as in persistent behavior. All severe or pervasive to constitute sexual harassment members of our community are protected from sex- will constitute sexual misconduct. Making ual harassment, and sexual harassment is prohibited photographs, video, or other visual or auditory regardless of the sex or gender of the harasser. recordings of a sexual nature of another person Definition of Sexual Assault without consent constitutes sexual misconduct, even if the activity documented was consensual. Similarly, Sexual assault is any kind of nonconsensual sexual sharing such recordings or other sexually harassing contact, including rape, groping, or any other electronic communications without consent is a form nonconsensual sexual touching. of sexual misconduct. All members of our community are protected from sexual misconduct, and sexual Definition of Sexual Consent misconduct is prohibited regardless of the sex or Under Yale’s policies, sexual activity requires gender of the harasser. affirmative consent, which is defined as positive, unambiguous, and voluntary agreement to engage Violations of Yale’s Policy on Teacher-Student Consen- in specific sexual activity throughout a sexual sual Relations and its Policy on Relationships between encounter. Consent cannot be inferred from the Staff Members are also forms of sexual misconduct. absence of a “no;” a clear “yes,” verbal or otherwise, Definition of Sexual Harassment is necessary. Consent to some sexual acts does not constitute consent to others, nor does past consent Sexual harassment consists of unwelcome sexual to a given act constitute present or future consent. advances, requests for sexual favors, or other verbal or Consent must be ongoing throughout a sexual physical conduct of a sexual nature on or off campus, encounter and can be revoked at any time. 3 yale sexual misconduct policies and related definitions Consent cannot be obtained by threat, coercion, or Definition of Intimate Partner Violence force. Agreement under such circumstances does not Intimate partner violence (IPV) occurs when a current constitute consent. or former intimate partner uses or threatens physical Consent cannot be obtained from someone who or sexual violence. IPV also may take the form of a is asleep or otherwise mentally or physically pattern of behavior that seeks to establish power incapacitated due to alcohol, drugs, or some and control by causing fear of physical or sexual other condition. A person is mentally or physically violence. Stalking may also constitute IPV. incapacitated when that person lacks the ability to Definition of Stalking make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a Stalking is repeated or obsessive unwanted attention person whom you know—or reasonably should know directed toward an individual or group that is —to be incapacitated constitutes sexual misconduct. likely to cause alarm, fear, or substantial emotional distress. Stalking may take many forms, including following, lying in wait, monitoring, and pursuing contact. Stalking may occur in person or through a Guidance Regarding Sexual Consent medium of communication, such as letters, email, text messages, or phone calls. In some circumstances, Consent can be accurately gauged only through two instances of such behavior may be sufficient to direct communication about the decision constitute stalking. to engage in sexual activity. Presumptions based upon contextual factors (such as Yale Policy on Teacher-Student Consensual clothing, alcohol consumption, or dancing) are Relations unwarranted, and should not be considered as The integrity of the teacher-student relationship evidence for consent. is the foundation of the University’s educational mission. This relationship vests considerable trust Although consent does not need to be verbal, in the teacher, who, in turn,
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