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

rev. 8/16

1 yale resources

SHARE: Information, Advocacy, and Support Yale Police Department sharecenter.yale.edu publicsafety.yale.edu 203.432.2000 (24-hr availability) 203.432.4400 (24-hr availability) Professional, expert help for people who have experienced Sworn police officers; Sensitive Crimes & Support sexual misconduct and their friends and family Coordinator Coordinates medical treatment, evidence collection Conducts criminal investigations Assists with contacting police and/or initiating a complaint Provides assistance and services to victims Will only share information if you wish, except in situations Will consult without requiring a police report to be filed of imminent harm Reports information to the University Title IX Coordinator

University-Wide Committee on Sexual Misconduct Title IX Coordinators provost.yale.edu/uwc provost.yale.edu/title-ix/coordinators 203.432.4449 (9 am–5 pm weekdays) See page 29 for Title IX coordinators’ contact information Yale’s internal disciplinary committee for cases of sexual (9 am–5 pm weekdays) misconduct University Title IX Coordinator; deputy coordinators assigned Members include faculty, staff, and students; supported by to Yale College, the Graduate School, each professional professional, independent fact-finders school, and faculty and staff Complainants can discuss options and seek resolution, Responsible for policies, programs, coordination of resources, remedies, and disciplinary action tracking and investigating complaints Handles both informal and formal complaints Inform complainants of criminal and disciplinary options Reports information to the University Title IX Coordinator Coordinate interim measures, accommodations, and remedies Required to take action in situations of acute threat to individual or community safety Report information to the University Title IX Coordinator

photos: Michael Marsland, University Photographer

2 introduction

This guide provides an overview of the University’s table of contents policies and the broad range of resources available Yale Sexual Misconduct Policies to prevent and respond to sexual misconduct at and Related Definitions 2 Yale. For detailed information, please see the Sexual Misconduct Response website (smr.yale.edu). Primary Resources 7 Prevention 10 Response Your Options and Rights The most important thing that you need if You Experience Sexual Misconduct 14 to know is: Understanding Confidentiality 16 Seeking Accommodations, You should expect to feel safe and Remedies, and Protective Measures 18 respected at all times at Yale. If for any Pursuing a Complaint 18 reason you do not, Yale will provide Appendix: Related Federal resources to support you and help you and State Laws and Definitions 20 take action. Additional Resources 28 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 civility and 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 and will not be tolerated.

Yale aims to eradicate sexual misconduct through education, training, clear policies, and serious consequences for violations of these policies. 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 address allegations of sexual misconduct.

These policies apply to all members of the Yale community as well as to third parties (i.e., individuals who are neither students nor employees, including but not limited to guests and consultants) for conduct 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 also covered by these policies.

Many forms of sexual misconduct are prohibited by Connecticut and federal law (including Title IX of the Education Amendments of 1972) and could result in criminal prosecution or civil liability.

2 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 nonconsensual 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 Guidance Regarding Sexual Consent a medium of communication, such as letters, email, text messages, or telephone calls. In some Consent can be accurately gauged only through circumstances, two instances of such behavior may direct communication about the decision be sufficient to 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, bears authority and verbal communication is the most reliable form accountability as a mentor, educator, and evaluator. of asking for and gauging consent. Talking The unequal institutional power inherent in with sexual partners about desires and limits this relationship heightens the vulnerability of may seem awkward, but serves as the basis for the student and the potential for coercion. The positive sexual experiences shaped by mutual pedagogical relationship between teacher and willingness and respect.

4 student must be protected from influences or activities that can interfere with learning and personal development.

Whenever a teacher is or in the future might reasonably become responsible for teaching, advising, or directly supervising a student, a sexual relationship between them is inappropriate and must be avoided. In addition to creating the potential for coercion, any such relationship jeopardizes the integrity of the educational process by creating a conflict of interest and may impair the learning environment for other students. Finally, such situations may expose the university and the teacher to liability for violation of laws against sexual harassment and sex discrimination. Teachers or students with questions about this policy are advised to consult with the University Title IX Therefore, teachers must avoid sexual relationships Coordinator, the Title IX coordinator of their school, with students over whom they have or might the department chair, the appropriate dean, the reasonably expect to have direct pedagogical or Provost, or one of their designees. Students or other supervisory responsibilities, regardless of whether members of the community may lodge a formal or the relationship is consensual. Conversely, teachers informal complaint regarding an alleged violation of must not directly supervise any student with whom this policy with the University Title IX Coordinator, they have a sexual relationship. Undergraduate with the Title IX coordinator of their school, or students are particularly vulnerable to the unequal with the University-Wide Committee on Sexual institutional power inherent in the teacher- Misconduct. student relationship and the potential for coercion, because of their age and relative lack of maturity. Violations of the above policies by a teacher will Therefore, no teacher shall have a sexual or amorous normally lead to disciplinary action. For purposes of relationship with any undergraduate student, this policy, “direct supervision” includes the following regardless of whether the teacher currently exercises activities (on or off campus): course teaching, or expects to have any pedagogical or supervisory examining, grading, advising for a formal project responsibilities over that student. such as a thesis or research, supervising required

5 yale sexual misconduct policies and related definitions

research or other academic activities, serving in such Under no circumstances can supervisors directly a capacity as Director of Undergraduate or Graduate supervise or evaluate any employee with whom Studies, and recommending in an institutional they have a romantic or sexual relationship. If such capacity for admissions, employment, fellowships or a relationship exists or develops, the supervisor and awards. “Teachers” includes, but is not limited to, all employee must promptly disclose it to the Depart- ladder and non-ladder faculty of the University. ment Head or the Human Resources Generalist. Arrangements, which may include reassignment It also includes graduate and professional students and or relocation, will be made to address any issue of postdoctoral fellows and associates only when they conflict of interest. Any decision affecting any aspect are serving as part-time acting instructors, teaching of employment (for example, transfer, promotion, fellows or in similar institutional roles, with respect to salary, termination) must be made by disinterested the students they are currently teaching or supervising. and qualified supervisory personnel. “Students” refers to those enrolled in any and all educational and training programs of the University. Violations of this policy will normally lead to Additionally, this policy applies to members of the Yale disciplinary action, up to and including termination. community who are not teachers as defined above, but Individuals with questions about this policy or staff have authority over or mentoring relationships with concerned about a romantic or sexual relationship in students, including athletic coaches, supervisors of violation of this policy are encouraged to speak with student employees, advisors and directors of student their supervisor, Human Resources Generalist, or any organizations, Residential College Fellows, as well as Title IX coordinator. others who advise, mentor, or evaluate students. See Personnel Policies and Practices Manual. Yale Policy on Relationships Between Staff Members Please also see “Appendix: Related Federal and State Laws and Definitions” at the end of this guide for definitions of these Staff are expected to avoid romantic or sexual offenses under state and federal law. relationships with employees (including temporary employees) for whom they have or might reasonably expect to have supervisory or reporting responsibilities.

6 primary resources

The SHARE Center Information, Advocacy, and Support 55 Lock Street, Lower Level Office hours: 9 am–5 pm weekdays 203.432.2000 (24/7 availability) sharecenter.yale.edu

SHARE, the Sexual Harassment and Assault Response and Education Center, has trained counselors available at any time of day or night via its direct hotline, as well as drop-in counseling on weekdays during regular business hours. SHARE is available to members of the Yale community who wish to discuss any experience of sexual misconduct involving themselves or someone they care about. SHARE services are confidential and can be anonymous when desired. SHARE can provide professional help with medical and health issues (including accompanying students to the hospital), as well as assistance with contacting police and/or initiating a formal or informal complaint, and it offers ongoing counseling and support. SHARE works closely with the University-Wide Committee on Sexual Misconduct, the Title IX coordinators, the Yale Police and/or the Yale Police as soon as possible. Counselors Department, and other campus resources. can talk with you over the telephone or meet you If you wish to make use of SHARE’s services, you can in person at Yale Health or the Yale-New Haven call the crisis number (203.432.2000) at any time Hospital Emergency Room. for a phone consultation or to set up an in-person appointment. You may also drop in on weekdays during regular business hours. Some legal and medical options are time-sensitive, so if you have been assaulted, we encourage you to call SHARE

primary resources

Title IX Coordinators The Director of the Office for Equal Opportunity 203.432.4446 (9 am–5 pm weekdays) Programs serves as the Senior Deputy Title IX provost.yale.edu/title-ix Coordinator for faculty and staff. Yale College, the See the inside back cover of this guide for additional Graduate School of Arts and Sciences, and each of contact information. the professional schools have designated deputy Title IX coordinators. These coordinators report to Dr. Title IX 1 coordinators are senior administrators and Spangler. faculty members throughout the university who: You may contact any coordinator at any time • Meet with students, faculty, and staff in order by email or phone. Some community members to answer questions related to issues of prefer to contact the Title IX coordinator that discrimination on the basis of sex or gender or works directly with their school, others prefer to sexual misconduct contact a coordinator from another area of campus. • Inform Yale community members about all of All coordinators are available to the entire Yale their options for resolving complaints community. You can find their contact information • Coordinate resources, accommodations, remedies, on page 29 of this booklet or online at and interim measures provost.yale.edu/title-ix/coordinators. • Investigate complaints to the degree possible and 1 consistent with the complainant’s wishes Title IX of the Education Amendments of 1972 (see appendix) • Ensure that the university responds effectively to protects people from discrimination on the basis of sex or each complaint gender in educational programs and activities at institutions • Track and monitor incidents, identify patterns and that receive federal funding. Discrimination on the basis of systemic issues, and take steps to address them sex or gender includes sexual harassment, sexual assault, and other forms of sexual misconduct. University Title IX Coordinator, Stephanie Spangler, has campus-wide responsibility for all policies, University-Wide Committee (UWC) processes, and programs that address and prevent 203.432.4449 (9 am–5 pm weekdays) discrimination on the basis of sex or gender, provost.yale.edu/uwc including sexual misconduct. In addition to Dr. Spangler, the Director of Academic Integrity The University-Wide Committee on Sexual Programs in the Office of the Provost serves as Misconduct (UWC) is an internal disciplinary board the Senior Deputy Title IX Coordinator and helps available to students, faculty, and staff across the to oversee the university’s Title IX programs. university for complaints of sexual misconduct, as

described in the committee’s procedures. The UWC is an accessible, representative, and trained body established to fairly and expeditiously address formal complaints of sexual misconduct. UWC members can answer inquiries about procedures and the university definition of sexual misconduct. In cases where formal resolution is sought, investigations are conducted by professional, independent fact finders.

Yale Police 101 Ashmun Street 203.432.4400 (24/7 availability) publicsafety.yale.edu/police/sensitive-crimes-support

The Yale Police Department (YPD) operates 24/7 and is comprised of highly-trained, sworn police officers, including a Sensitive Crimes & Support Coordinator. The YPD has the capacity to perform full criminal investigations. In addition, the YPD can provide information on available victims’ assistance services, safety planning, and other related issues. The YPD works closely with the New Haven Police Department, the New Haven State’s Attorney, the SHARE Center, the University’s Title IX coordinators, and various other departments within the University.

Contact information for additional resources is provided at the end of this guide.

9 prevention

Preventing sexual misconduct is a community- wide effort. Everyone can play a role in making our campus safer and more respectful.

General Strategies

• Surround yourself with people who respect each other. You’re safest in communities that share values of mutual respect. Don’t tolerate disrespect or pressure in your communities; even small incidents can contribute to a negative climate.

• Look out for people around you. Simply stepping in to act when you see a troubling situation can make a big difference. If you see something that causes you concern—even if you’re not sure—check in. Call on friends, allies, and authority figures to help if necessary.

• Respond to even minor issues. Serious situations can often be averted by response at the first sign of trouble. SHARE, the Title IX coordinators, and the Yale Police are always available to discuss such incidents. If you are in a position of authority, you have a responsibility to establish and maintain a respectful environment. If you are a supervisor, you must report any sexual misconduct that comes to your attention to a Title IX coordinator.

• Be alert to patterns, not just isolated actions.

10 Sometimes, sexual misconduct can take the nature of stalking must be taken seriously, and form of patterns of behaviors that might not it can escalate to a pressing threat quickly. Don’t be worrying in isolation, but that together dismiss concerns—either your own or others’. constitute a problem. Take repeated disrespect, • Be safe. In an emergency, you should always call intimidation, and threats seriously, even if they 911. If you need to make a longer-term plan for seem small alone. your safety, SHARE and the Yale Police can help.

Strategies for Specific Forms of Misconduct Intimate Partner Violence

Sexual Harassment • Look out for your friends. Sometimes, people worry that expressing concern about a friend’s • Be a role model. A community free from sexual relationship will be perceived as meddling. If harassment requires effort from all of us. you’re worried about a friend, SHARE can guide Engage respectfully with your peers and col- you on how to help. leagues, and think carefully about how words or actions that may seem insignificant to you • Be alert to patterns. Relationships are could hurt someone else. If you are a teacher or complicated, and IPV can be difficult to supervisor, set high standards for your commu- identify. Individual actions may not seem nity and model the behavior you expect. troubling in isolation, but may work together in dangerous ways. Be on the lookout for • Remember: we are all entitled to study and patterns of isolation, control, and intimidation. work in a respectful environment. If there are elements of an environment that feel Sexual Assault hostile, seek ways to intervene. Call on friends, • Take sexual pressure seriously. Many sexual colleagues, and other allies, as well as authority assaults begin with low-level sexual pressure. figures including Title IX coordinators, Though sexual pressure and disregard don’t supervisors, deans, and professors, who should always lead to assault, you deserve to have be able to help you. your boundaries respected, not pushed.

Stalking • Hold out for enthusiasm. In general, it’s easy • Take repeated, unwanted attention seriously. to tell if someone is enthusiastic about an Stalking can sometimes seem merely annoying encounter or not. Take any signs of reluctance or even flattering, especially if it is happening or refusal, including nonverbal signs, very primarily online or via phone. But the intrusive 11 prevention

seriously. If the signs are ambiguous, be sure to someone need help? If you can, check in with stop, and then check in or ask questions. the person you’re aiming to help—but if you can’t, trust your instincts. • Be wary of extreme drunkenness. While drunkenness does not cause or excuse sexual • Make a plan: fit your intervention to the misconduct, drunk people are more likely to situation. Determine who is in the best disregard other people’s signals. position to act. You can call on friends, allies, hosts, and authority figures, or you can do • Communicate with your sexual and romantic something yourself. partners. Open discussion of desires and limits is a critical part of building a positive sexual • Make it happen: follow your plan, and be ready culture. to get help if you need it. Look for allies, and be alert for others trying to help. Start with the Bystander Intervention smallest possible intervention. Act even if you feel awkward or nervous. Sexual violence is often permitted by cultural patterns of disrespect and pressure—patterns that Techniques to Try: let aggression pass unchecked. However, you can • De-escalate. Be calm and respectful. Shift the interrupt these patterns. Interventions don’t have focus away from the problem. to be large or dramatic. Small interventions—asking a friend to leave a party with you, redirecting a • Offer help. Signal your concern and willingness conversation with a joke, or pushing in as a third to act. It’s okay if you are turned down at first wheel—are very effective. or altogether: simply offering to help can change the dynamics. Steps to Action: • Slow things down. Give people time to • Pay attention: be alert to things that make extricate themselves, if that’s what they want. you uncomfortable. In particular, look out for signs of sexual pressure, unwanted attention, • Disrupt the situation. Intrude. Make a joke. or disrespect, extreme drunkenness, or signs of Change the topic. Spill something. Be a third fear and confusion. Keep an eye on anything wheel. worrying: don’t ignore “little” things. • Above all — be safe. If you think you are in • Decide: should someone intervene? Is the danger, step back and get help. situation heading in a bad direction? Does

12 Communication and Consent Educators (CCEs) develop skills for effective interventions, and work on strategies for avoiding problems altogether. CCE Yale College teams often collaborate with other student groups yale.edu/cce to change the campus environment, reimagining [email protected] traditional events and practices to maximize The CCEs are a diverse group of undergraduates opportunities for our ideals to flourish. working together to foster a more positive sexual CCEs run workshops for all freshmen and and social climate on the Yale College campus. The sophomores on consent and bystander intervention. CCEs aim to end sexual violence by transforming Most of their work, though, takes place within their our community into one where respect, mutuality, own communities and residential colleges. The CCEs and mindfulness are the norms. A safe campus is are always happy to collaborate with student groups, critically important, but the CCEs aim higher: for Yale so get in touch with your college CCEs if you have to be a place where everyone can thrive. ideas. Through workshops, trainings, and conversations, the CCEs help students identify troubled dynamics,

13 response

Your Options and Rights if You Experience Sexual Misconduct

Sexual assault, harassment, and other forms of sexual misconduct can have profound impacts on personal, professional, and academic life. If you have experienced sexual misconduct of any kind, the university urges you to take action to seek the help and support that you need, which may include filing a report and pursuing criminal and disciplinary sanctions.

Individual experiences of sexual misconduct vary widely, as do people’s needs. At Yale, you have choices about what to do and when – and people who can explain the options, answer your questions, and support you along the way. Steps you should consider taking:

• Get support. You should not have to cope with this experience alone. There are many places to turn, but SHARE offers particular expertise. The SHARE staff can provide information and advocacy as well as support, all with strict confidentiality. SHARE can also help you take any of the steps below. You may contact SHARE 24/7 at (203) 432-2000.

• Seek medical treatment. If you have experienced physical or sexual violence, it’s important to get care as soon as possible. Even if you feel okay, you may be injured or at risk of contracting a sexually transmitted infection

14 or becoming pregnant. If you were sexually At the time you make a report, you will receive assaulted within the past 72 hours, you should written materials outlining the services, strongly consider having physical forensic options, and rights available for those who evidence collected at the time of your medical have experienced sexual misconduct. Making examination. SHARE will coordinate with the a report does not ordinarily commit you hospital ER and the police to make arrange- to pursuing a complaint; in rare situations ments and guide you through this process. where there is an acute threat to individual or community safety, a Title IX coordinator may • Collect and preserve evidence. Prompt take independent action. collection of physical forensic evidence is particularly important, as discussed above. • Pursue a complaint. Individuals come to the Other pieces of evidence are also important complaint process with different needs and to save. Voicemail, emails, and text messages, goals, so it is important that there is a range for example, can be very powerful in building of options for pursuing a complaint: criminal a strong case. Even if you don’t initially plan to and disciplinary; formal and informal; and via pursue a disciplinary or criminal complaint, it is the UWC, the Title IX coordinators, and the good to keep those options open by retaining YPD. These three groups work hard, along with evidence. SHARE can help you to work with the SHARE, to streamline and coordinate complaint Title IX coordinators and the police to identify processes, so it does not matter where you evidence and understand collection processes. begin. The options are not mutually exclusive; • Report the incident. If you have experienced you can pursue any or all of them as you wish. (or learned about) sexual misconduct involving Whenever possible, the choices are left up a member of the Yale community, you may to you. report to any Title IX coordinator, the UWC, See pages 18-19 for more details on reporting and or the Yale Police. (See the Resources section complaint processes. These details are also available at for contact information.) By reporting the smr.yale.edu. incident, you alert the university and enable • Continue to get support. Support can come administrators to respond appropriately in many forms, be it from friends, family, or both to your case and to broader patterns of professionals. You may reach out at any time to concerning behavior. Reporting also allows one of Yale’s mental health counselors, SHARE you to discuss your options and gives you counselors, chaplains, or Title IX coordinators. immediate access to various accommodations.

15 “

response

UNDERSTANDING CONFIDENTIALITY Information shared with the Title IX coordinators

Privacy concerns are often at the forefront when someone As part of the University’s general monitoring process, all has experienced sexual misconduct. It is useful to know the information about incidents of sexual misconduct are shared degree of confidentiality that individuals can expect from with the University Title IX Coordinator, who is charged each of the university resources. University officials are with taking steps to end the sexual misconduct, prevent its trained in the importance of confidentiality and the protocols recurrence, and repair the harms. Students in official roles— for maintaining that confidentiality. such as CCEs or freshman counselors—are also required to make such reports. If Title IX coordinators receive information Information shared with SHARE will only be shared about an incident of sexual misconduct, they may reach out if you wish to you to offer to explain options and accommodations, and Except in rare, extreme circumstances, SHARE staff will not to assess the situation. In cases of sexual assault or other reveal any information without explicit permission. (This level potentially criminal conduct, Title IX coordinators will share of confidentiality is also provided by other mental health information with the YPD, and will advise you about the providers, physicians, and clergy when consulted in their resources and assistance the police can provide. professional capacities.) If you decide to pursue remedies and/or a complaint, a Information shared with other university resources few more people may become involved in your case, but will be reported to the University Title IX Coordinator your privacy will still be respected and safeguarded to the fullest extent possible. You can also ask that a complaint The other people listed in the Additional Yale Resources not be pursued, or that a complaint be pursued without section are committed to protecting your privacy, but they revealing your name or other identifying details. Your also have an obligation to protect campus safety. They request will be accommodated to the extent possible, but will share information with the Title IX coordinators. Other an anonymous complaint on its own cannot be the basis for administrators may learn some limited information on a disciplinary action, and your preferences must be balanced ““need to know” basis. against the need to maintain campus safety.

16 “

Information shared with YPD an incident of misconduct that meets these strict criteria, a message will be sent out from the Yale Chief The YPD may receive reports from a Title IX coordinator, of Police. The warning message will contain a brief or directly from you. The YPD can offer confidential description of the crime, and may indicate the location consultations regarding possible criminal investigation. where the incident occurred. It will not include any They are subject to state requirements for investigating and information that would identify you or other individuals responding to reports of crime, but ordinarily the decision involved. In all but exceptional circumstances, you about whether or not to press criminal charges is up to you. would be informed in advance of distribution of the In cases of sexual misconduct, the YPD will share information message. with the Title IX coordinator, and will advise you about the resources and assistance the university can provide. Publications The university issues regular publications—such The confidentiality of a police report shifts over time. Once as the semi-annual Report of Complaints of Sexual a case is closed, it becomes a matter of public record. Misconduct and the annual Campus Safety Report—to This does not mean it is widely released, but it will be inform the community and the public in general about available upon request. It is the practice to redact (black complaints of sexual misconduct brought to the out) the names of victims, along with any other identifying University’s attention. These reports are written with information. So while it is not “confidential,” your name great care to preserve the privacy of the individuals would not be public. involved by omitting names and providing only Information shared with the broader community minimal descriptions or statistical summaries.

Timely Warnings (aka “Messages from the Chief”) Under the Clery Act, the university is responsible for issuing “timely warnings” in response to some reports. Only specific crimes, such as sexual assault, trigger a warning; the crime must have occurred within the officially-designated campus area; and there must be a serious or ongoing threat to the community. If you report

17 response

Seeking Accommodations, Remedies, appropriate criminal and disciplinary sanctions. and Protective Measures These officials coordinate closely to streamline complaint processes. In the absence of an acute If you have experienced sexual misconduct, there threat to individual or community safety, you may are steps the university can take to help minimize decide which among the available options you wish the impact of the incident, decrease the chance to pursue. These options are not mutually exclusive. of recurrence, and provide a safe educational and work environment. Many steps can be taken Whichever path(s) you choose, you have the right to regardless of whether or not you chose to pursue have an advisor present at every stage. SHARE staff a complaint. Usually, a Title IX coordinator will members are commonly chosen as advisors, but organize accommodations, remedies, and protective you may select whomever you wish to fill this role. measures; SHARE, the YPD, and Human Resources Respondents also have the right to an advisor of are often involved too. As always, your privacy will be their choice. All proceedings are designed to be fair, safeguarded as these arrangements are made. The prompt, and impartial. steps taken will be determined on a case-by-case • Yale Police basis, responding to your needs, the nature of the incident, and other contextual factors, including the The Yale Police Department has sworn police need to ensure individual and community safety. officers with full powers of law enforcement Measures can include steps such as no contact orders, and arrest who receive advanced training in residential reassignments, changes to employment or crimes of interpersonal violence. They can academic assignments, and temporary suspensions. assist in determining whether the conduct experienced was criminal in nature, and launch Pursuing a Complaint an investigation accordingly. If an incident occurs outside the YPD’s jurisdiction, the YPD can assist Complaints may be pursued with the Yale Police, in contacting the appropriate alternative law the Title IX coordinators, and the University-Wide enforcement agency. Criminal proceedings use Committee–all of whom receive comprehensive “beyond a reasonable doubt” as the standard of annual training on relevant laws, regulations, and evidence. disciplinary codes; the dynamics and patterns of sexual misconduct; the importance of confidentiality, • Title IX Coordinators fair process, and impartiality; safety considerations Title IX coordinators are employees to whom when determining interim measures; and students, faculty, and staff may go when they

18 have questions or would like to make a report • University-Wide Committee concerning issues of sexual misconduct and As the primary disciplinary board for addressing gender-based discrimination. Title IX coordinators formal complaints of sexual misconduct, are available for community members to bring the University-Wide Committee utilizes an their concerns and questions—no matter how big independent fact-finder to gather evidence and or small—about a specific incident or the campus then holds a hearing to determine whether a sexual climate in general. violation of university policy has occurred, based When a community member contacts a Title IX on the “preponderance of the evidence” standard coordinator they can choose what information (i.e., if it is more likely than not that such a they would like to share with the coordinator. violation occurred). Advisers may accompany the Based on the information shared, the coordinator complainant and respondent at every stage, but and community member can work to address they may not speak during interviews with a fact- immediate concerns, especially safety, emotional finder or during a formal hearing. All notifications well-being, and professional and academic from the UWC will be provided in writing to both requirements. (See “Seeking Accommodations, parties at the same time. Remedies, and Protective Measures on page Normally, the formal complaint process takes 18 for more information.) Title IX coordinators about 60 days. The chair may extend the process can also assist in resolving complaints. Title IX if necessary due to illness, holidays, the absence coordinators do not conduct formal hearings of witnesses from campus, the complexity of the but may investigate complaints and work with case, or competing demands on UWC members the complainant and the respondent to achieve or decision makers. UWC sanctions can include resolution of a complaint. Title IX coordinators mandated training, reprimand, probation, may also help connect the complainant or the suspension, and termination/expulsion. respondent, when requested, to the SHARE Center, Yale Police, or the University-Wide Committee. The full UWC procedures are available online at provost.yale.edu/uwc/procedures. There is also You can contact any coordinator at any time by a set of videos made by and for undergraduates email or phone. You can find contact information that offer an accessible overview for anyone in for all of the university’s Title IX coordinators on the community; these are available at page 29 of this booklet or online at yale.edu/cce. provost.yale.edu/title-ix/coordinators.

19 appendix: related federal and state laws and definitions

The following summary of federal and state laws related to sexual misconduct is provided for reference only. For the Yale policies and definitions, please see the Yale Sexual Misconduct Policies and Definitions section in this guide. For additional information on Yale’s policies and resources, see the Sexual Misconduct Response website at smr.yale.edu.

Title IX of the Education Amendments of 1972 (20 USC §1681)

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Connecticut General Statutes 10a-55m through 10a-55q

Connecticut laws on campus policies and procedures regarding sexual assault, stalking, and intimate partner violence.

20 U.S.C 1092(f)

Code as amended by the Campus SaVE Act of 2013.

20 Sexual Assault of his/her age or because of his/her temporary or permanent mental or physical incapacity. Federal Definition 42 U.S.C.A. § 13925. The term “sexual assault” means C. Sexual Assault With An Object—To use an any nonconsensual sexual act proscribed by Federal, object or instrument to unlawfully penetrate, tribal, or State law, including when the victim lacks however slightly, the genital or anal opening capacity to consent. of the body of another person, without the consent of the victim, including instances 20 U.S.C.A. § 1092. The term“sexual assault” means where the victim is incapable of giving consent an offense classified as a forcible or nonforcible sex because of his/her age or because of his/her offense under the uniform crime reporting system of temporary or permanent mental or physical the Federal Bureau of Investigation. incapacity.

Sex Offenses Definitions From the National D. Fondling—The touching of the private body Incident-Based Reporting System Edition of the parts of another person for the purpose of Uniform Crime Reporting Program sexual gratification, without the consent of the victim, including instances where the victim Sex Offenses—Any sexual act directed against is incapable of giving consent because of his/ another person, without the consent of the her age or because of his/her temporary or victim, including instances where the victim is permanent mental incapacity. incapable of giving consent. Sex Offenses—Nonforcible Unlawful, nonforcible A. Rape—The carnal knowledge of a person, sexual intercourse. without the consent of the victim, including instances where the victim is incapable of A. Incest—Nonforcible sexual intercourse giving consent because of his/her age or between persons who are related to each because of his/her temporary or permanent other within the degrees wherein marriage mental or physical incapacity. is prohibited by law.

B. Sodomy—Oral or anal sexual intercourse B. Statutory Rape—Nonforcible sexual with another person, without the consent intercourse with a person who is under the of the victim, including instances where the statutory age of consent. victim is incapable of giving consent because

21 appendix: related federal and state laws and definitions

Connecticut Definition member or organ of the victim’s body, such person C.G.S. Sec. 53a-70. Sexual assault in the first degree: causes such injury to such victim, (3) under circum- Class B or A felony. (a) A person is guilty of sexual stances evincing an extreme indifference to human assault in the first degree when such person (1) com- life such person recklessly engages in conduct which pels another person to engage in sexual intercourse creates a risk of death to the victim, and thereby by the use of force against such other person or a causes serious physical injury to such victim, or (4) third person, or by the threat of use of force against such person is aided by two or more other persons such other person or against a third person which actually present. No person shall be convicted of sex- reasonably causes such person to fear physical injury ual assault in the first degree and aggravated sexual to such person or a third person, or (2) engages in assault in the first degree upon the same transaction sexual intercourse with another person and such but such person may be charged and prosecuted for other person is under thirteen years of age and the both such offenses upon the same information. actor is more than two years older than such person, C.G.S. Sec. 53a-71. Sexual assault in the second or (3) commits sexual assault in the second degree as degree: Class C or B felony. (a) A person is guilty provided in section 53a-71 and in the commission of of sexual assault in the second degree when such such offense is aided by two or more other persons person engages in sexual intercourse with another actually present, or (4) engages in sexual intercourse person and: (1) Such other person is thirteen years of with another person and such other person is men- age or older but under sixteen years of age and the tally incapacitated to the extent that such other per- actor is more than three years older than such other son is unable to consent to such sexual intercourse. person; or (2) such other person is mentally defective C.G.S. Sec. 53a-70a. Aggravated sexual assault in to the extent that such other person is unable to the first degree: Class B or A felony. (a) A person is consent to such sexual intercourse; or (3) such other guilty of aggravated sexual assault in the first degree person is physically helpless; or (4) such other person when such person commits sexual assault in the is less than eighteen years old and the actor is such first degree as provided in section 53a-70, and in the person’s guardian or otherwise responsible for the commission of such offense (1) such person uses or general supervision of such person’s welfare; or (5) is armed with and threatens the use of or displays or such other person is in custody of law or detained represents by such person’s words or conduct that in a hospital or other institution and the actor has such person possesses a deadly weapon, (2) with in- supervisory or disciplinary authority over such other tent to disfigure the victim seriously and permanent- person; or (6) the actor is a psychotherapist and such ly, or to destroy, amputate or disable permanently a other person is (A) a patient of the actor and the

22 sexual intercourse occurs during the psychotherapy (A) by the use of force against such other person or session, (B) a patient or former patient of the actor a third person, or (B) by the threat of use of force and such patient or former patient is emotionally against such other person or against a third person, dependent upon the actor, or (C) a patient or former which reasonably causes such other person to fear patient of the actor and the sexual intercourse physical injury to himself or herself or a third person, occurs by means of therapeutic deception; or (7) the or (2) engages in sexual intercourse with another actor accomplishes the sexual intercourse by means person whom the actor knows to be related to him of false representation that the sexual intercourse or her within any of the degrees of kindred specified is for a bona fide medical purpose by a health care in section 46b-21. professional; or (8) the actor is a school employee C.G.S. Sec. 53a-72b. Sexual assault in the third degree and such other person is a student enrolled in a with a firearm: Class C or B felony. (a) A person is school in which the actor works or a school under guilty of sexual assault in the third degree with a the jurisdiction of the local or regional board of firearm when such person commits sexual assault in education which employs the actor; or (9) the actor the third degree as provided in section 53a-72a, and is a coach in an athletic activity or a person who in the commission of such offense, such person uses provides intensive, ongoing instruction and such or is armed with and threatens the use of or displays other person is a recipient of coaching or instruction or represents by such person’s words or conduct that from the actor and (A) is a secondary school student such person possesses a pistol, revolver, machine and receives such coaching or instruction in a gun, rifle, shotgun or other firearm. No person shall secondary school setting, or (B) is under eighteen be convicted of sexual assault in the third degree years of age; or (10) the actor is twenty years of age and sexual assault in the third degree with a firearm or older and stands in a position of power, authority upon the same transaction but such person may be or supervision over such other person by virtue of the charged and prosecuted for both such offenses upon actor’s professional, legal, occupational or volunteer the same information. status and such other person’s participation in a program or activity, and such other person is under C.G.S. Sec. 53a-73a. Sexual assault in the fourth eighteen years of age. degree: Class A misdemeanor or class D felony. (a) A person is guilty of sexual assault in the fourth degree C.G.S. Sec. 53a-72a. Sexual assault in the third degree: when: (1) Such person intentionally subjects another Class D or C felony. (a) A person is guilty of sexual person to sexual contact who is (A) under thirteen assault in the third degree when such person (1) years of age and the actor is more than two years compels another person to submit to sexual contact older than such other person, or (B) thirteen years

23 appendix: related federal and state laws and definitions

of age or older but under fifteen years of age and of education which employs the actor; or (7) such the actor is more than three years older than such person is a coach in an athletic activity or a person other person, or (C) mentally defective or mentally who provides intensive, ongoing instruction and incapacitated to the extent that such other person subjects another person to sexual contact who is a is unable to consent to such sexual contact, or (D) recipient of coaching or instruction from the actor physically helpless, or (E) less than eighteen years and (A) is a secondary school student and receives old and the actor is such other person’s guardian or such coaching or instruction in a secondary school otherwise responsible for the general supervision setting, or (B) is under eighteen years of age; or of such other person’s welfare, or (F) in custody of (8) such person subjects another person to sexual law or detained in a hospital or other institution and contact and (A) the actor is twenty years of age or the actor has supervisory or disciplinary authority older and stands in a position of power, authority or over such other person; or (2) such person subjects supervision over such other person by virtue of the another person to sexual contact without such actor’s professional, legal, occupational or volunteer other person’s consent; or (3) such person engages status and such other person’s participation in a in sexual contact with an animal or dead body; or program or activity, and (B) such other person is (4) such person is a psychotherapist and subjects under eighteen years of age. another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs Sexual Harassment during the psychotherapy session, or (B) a patient or former patient of the actor and such patient Federal Definition or former patient is emotionally dependent upon 29 C.F.R §1604.11. (a) Harassment on the basis of sex the actor, or (C) a patient or former patient of the is a violation of section 703 of title VII. 1 Unwelcome actor and the sexual contact occurs by means of sexual advances, requests for sexual favors, and therapeutic deception; or (5) such person subjects other verbal or physical conduct of a sexual nature another person to sexual contact and accomplishes constitute sexual harassment when (1) submission the sexual contact by means of false representation to such conduct is made either explicitly or implicitly that the sexual contact is for a bona fide medical a term or condition of an individual’s employment, purpose by a health care professional; or (6) such (2) submission to or rejection of such conduct by person is a school employee and subjects another an individual is used as the basis for employment person to sexual contact who is a student enrolled decisions affecting such individual, or (3) such in a school in which the actor works or a school conduct has the purpose or effect of unreasonably under the jurisdiction of the local or regional board interfering with an individual’s work performance

24 or creating an intimidating, hostile, or offensive (f) Prevention is the best tool for the elimination working environment. of sexual harassment. An employer should take all steps necessary to prevent sexual harassment (b) In determining whether alleged conduct from occurring, such as affirmatively raising the constitutes sexual harassment, the Commission will subject, expressing strong disapproval, developing look at the record as a whole and at the totality of appropriate sanctions, informing employees of the circumstances, such as the nature of the sexual their right to raise and how to raise the issue of advances and the context in which the alleged harassment under title VII, and developing methods incidents occurred. The determination of the legality to sensitize all concerned. of a particular action will be made from the facts, on a case by case basis. (g) Other related practices: Where employment opportunities or benefits are granted because of (c) [Reserved] an individual’s submission to the employer’s sexual (d) With respect to conduct between fellow advances or requests for sexual favors, the employer employees, an employer is responsible for acts of may be held liable for unlawful sex discrimination sexual harassment in the workplace where the against other persons who were qualified for but employer (or its agents or supervisory employees) denied that employment opportunity or benefit. knows or should have known of the conduct, unless Connecticut Definition it can show that it took immediate and appropriate corrective action. C.G.S. Sec. 46a-60. Discriminatory employment practices prohibited. (a) It shall be a discriminatory (e) An employer may also be responsible for the practice in violation of this section: acts of non-employees, with respect to sexual harassment of employees in the workplace, (8) For an employer, by the employer or the where the employer (or its agents or supervisory employer’s agent, for an employment agency, by employees) knows or should have known of itself or its agent, or for any labor organization, by the conduct and fails to take immediate and itself or its agent, to harass any employee, person appropriate corrective action. In reviewing these seeking employment or member on the basis of cases the Commission will consider the extent of the sex. “Sexual harassment” shall, for the purposes of employer’s control and any other legal responsibility this section, be defined as any unwelcome sexual which the employer may have with respect to the advances or requests for sexual favors or any conduct conduct of such non-employees. of a sexual nature when (A) submission to such

25 appendix: related federal and state laws and definitions

conduct is made either explicitly or implicitly a term whom the victim shares a child in common, or condition of an individual’s employment, by a person who is cohabitating with or has cohabitated with the victim as a spouse or (B) submission to or rejection of such conduct by intimate partner, by a person similarly situated an individual is used as the basis for employment to a spouse of the victim under the domestic or decisions affecting such individual, or (C) such family violence laws of the jurisdiction receiving conduct has the purpose or effect of substantially grant monies, or by any other person against interfering with an individual’s work performance or an adult or youth victim who is protected from creating an intimidating, hostile or offensive working that person’s acts under the domestic or family environment. violence laws of the jurisdiction.

Intimate Partner Violence Connecticut Definition “Intimate partner violence” Federal Definition C.G.S. Sec. 10a-55m. means any physical or sexual harm against an 42 U.S.C.A. § 13925. The term “dating violence” means individual by a current or former spouse of or person violence committed by a person— in a dating relationship with such individual that (A) who is or has been in a social relationship of a results from any action by such spouse or such romantic or intimate nature with the victim; and person that may be classified as a sexual assault (B) where the existence of such a relationship shall under section 53a-70, 53a-70a, 53a-70b, 53a-71, be determined based on a consideration of the 53a-72a, 53a-72b or 53a-73a, stalking under section following factors: 53a-181c, 53a-181d or 53a-181e, or family violence as designated under section 46b-38h. (i) The length of the relationship.

(ii) The type of relationship. Stalking

(iii) The frequency of interaction between the Federal Definition persons involved in the relationship. 42 U.S.C. § 13925. The term “stalking” means engaging in a course of conduct directed at a specific (i) The term “domestic violence” includes person that would cause a reasonable person to-- felony or misdemeanor crimes of violence committed by a current or former spouse or (A) fear for his or her safety or the safety of others; or intimate partner of the victim, by a person with (B) suffer substantial emotional distress.

26 Connecticut Definition C.G.S. Sec. 53a-181c. Stalking in the first degree: Class D felony. (a) A person is guilty of stalking in the first degree when he commits stalking in the second degree as provided in section 53a-181d and (1) he has previously been convicted of this section or section 53a-181d, or (2) such conduct violates a court order in effect at the time of the offense, or (3) the other person is under sixteen years of age.

C.G.S. Sec. 53a-181d. Stalking in the second degree: Class A misdemeanor. (a) A person is guilty of stalking in the second degree when, with intent to cause another person to fear for his physical safety, he wilfully and repeatedly follows or lies in wait for such other person and causes such other person to reasonably fear for his physical safety.

C.G.S. Sec. 53a-181e. Stalking in the third degree: Class B misdemeanor. (a) A person is guilty of stalking in the third degree when he recklessly causes another person to reasonably fear for his physical safety by wilfully and repeatedly following or lying in wait for such other person.

27 additional yale resources

Human Resource Generalists Resource Office on Disabilities can assist staff with matters related to facilitates individual accommodations policy, administration and employee for all students with disabilities. relations. 203.432.2324 203.432.5552 yalecollege.yale.edu/student-services/ www.yale.edu/hronline/hrgeneralist/ resource-office-disabilities

Mental Health & Counseling University Chaplain’s Office provides care related to the psycholog- provides pastoral care to individuals and ical concerns of undergraduate, gradu- the Yale community in times of crisis. ate, and professional school students. 203.432.1128 203.432.0290 chaplain.yale.edu www.yalehealth.yale.edu/mentalhealth Resources Beyond Yale Office for Equal Opportunity Programs Sexual Assault Crisis Services can assist with concerns related to offers support services and support affirmative action, equal opportunity, groups for survivors of sexual violence sexual harassment, racial harassment, and their loved ones. or fairness in admissions or 1.888.999.5545 (English) employment at Yale. www.womenfamilies.org/Content/ 203.432.0849 See inside front cover for Sexual_Assault_Crisis_Services.asp www.yale.edu/equalopportunity primary resources RAINN Hotline Office of International Students is the nation’s largest anti-sexual Communication & Consent Educators and Scholars assault organization. are a large, diverse group of serves as a resource on immigration 800.656.4673 (hotline) or 202.544.1034 undergraduates working together to matters and is Yale’s liaison to the U.S. www.rainn.org/ foster a more positive sexual and social federal agencies that are concerned climate in Yale College. with matters related to international New Haven Police Department cce.yalecollege.yale.edu students and scholars studying and works closely with the Yale Police. working at Yale. 203.946.6333 Counseling and Support Services 203.432.2305 www.cityofnewhaven.com/police is a free, confidential program provided www.yale.edu/oiss to employees and their families by The Umbrella Center for Domestic Magellan Health Services. Office of LGBTQ Resources Violence Services 1.800.327.9240 provides education, outreach and provides services for victims and their www.yale.edu/hronline/benefits/ support around sexual orientation and children. employeeAssistance.html gender identity. 203.736.2601 203.432.0309 www.bhcare.org/page/16596--Center- lgbtq.yale.edu for-Domestic-Violence-Services

28 university title ix coordinators

The Title IX coordinator within your school or unit may be best able to help you. However, you may contact any of the Title IX coordinators. See page 8 for more information about the role of a Title IX coordinator.

University Title IX Coordinator Divinity School School of Medicine Stephanie Spangler, Deputy Provost for Lisabeth Huck, Registrar Merle Waxman, Associate Dean Health Affairs and Academic Integrity [email protected] [email protected] [email protected] 203.432.5312 203.737.4100 203.432.4446 School of Drama Rosemarie Fisher, Professor & Associate Senior Deputy Title IX Coordinators Joan Channick, Associate Dean Dean for Graduate Medical Education For Faculty and Staff Prof. (Adj.) Theater Management [email protected] [email protected] 203.688.1449 Valarie Stanley, Director, Office of Equal 203.436.9048 Opportunity Programs School of Music [email protected] School of Engineering and Applied Suzanne Stringer, Director of 203.432.0849 Science Student Services Vince Wilczynski, Deputy Dean [email protected] Jason Killheffer, Director, Academic [email protected] 203.432.1962 Integrity Programs 203.432.4221 [email protected] School of Nursing 203.436.8411 School of Forestry & Environmental Lois Sadler, Professor Studies [email protected] Deputy Title IX Coordinators Joanne DeBernardo, Assistant Dean, 203.737.2561 Graduate School of Arts and Sciences Student Affairs Carl Hashimoto, Professor and [email protected] School of Public Health Assistant Dean 203.432.6286 Melinda Pettigrew, Associate Professor [email protected] and Associate Dean of Academic Affairs 203.432.6814 Law School [email protected] Ellen Cosgrove, Associate Dean 203.737.7667 School of Architecture [email protected] Marilyn Weiss, Registrar and 203.432.7646 Yale College Admissions Administrator Angela Gleason, Assistant Director, [email protected] School of Management Center for Language Study 203.432.1023 Rebecca Udler, Deputy Director, [email protected] Academic Affairs & Student Life 203.432.2502 School of Art [email protected] Sandra Burns, Lecturer 203.432.7501 [email protected] 203.764.0477

29 rev. 8/16