FAQs

Title IX of the Education Amendments Act of 1972 is a federal law that states, “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.

As a recipient of federal funds, each member College of the Vermont State Colleges System (collectively “the VSCS”) is required to comply with Title IX of the Higher Education Amendments Act of 1972 (“Title IX”). In accordance with Title IX, as well as applicable state and federal law, the VSCS prohibits discrimination on the basis of sex in its education programs and activities, admission, and employment. Prohibited sex discrimination includes sexual harassment, as defined in VSCS Policy 311, Non-Discrimination and Prevention of Harassment and Related Unprofessional Conduct. Prohibited sex discrimination also includes sexual misconduct as defined in this policy. Inquiries concerning the application of Title IX may be referred to VSCS’s Title IX Coordinators or to the United States Department of Education for the Office of Civil Rights. Contact information for the Title IX Coordinators and the Office of Civil Rights is located in Appendix A to the Chancellor’s Procedures for Implementation of Policy 311-A: Sexual Misconduct, Domestic Violence, Dating Violence, Sexual Assault, and Stalking.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) and accompanying regulations require colleges and universities to disclose certain timely and annual information about campus crime, and security and safety policies. Compliance with the Clery Act is required of universities, like Northwestern, that participate in the federal student aid program and is administered by the U.S. Department of Education’s Federal Student Aid Office. As a part of its Clery program, each member college collects and publishes statistical information on crimes occurring on and around campus as well as relevant security and safety information.

Community College of Vermont
Northern Vermont University – Johnson
Northern Vermont University – Lyndon
Vermont Technical College

The Violence Against Women Act amendments and accompanying regulations (VAWA) clarify the duties of universities to investigate and respond to reports of sexual assault, stalking, and dating and domestic violence and to publish policies and procedures related to the handling of these cases. Under VAWA, colleges and universities also must provide training to the campus communities on issues related to sexual misconduct. Compliance with VAWA is required of institutions such our member colleges, that participate in the federal student aid program, and is administered by the U.S. Department of Education’s Federal Student Aid Office. New VAWA regulations were published in October 2014 and became effective July 1, 2015.

For the purposes of Policy 311-A, effective consent means words or actions that demonstrate to a reasonable person a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective consent cannot be gained by threat, force, coercion or intimidation or by ignoring words or actions that indicate a lack of consent or objection to the activity. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be rescinded at any time. It is the responsibility of the person who wants to engage in the sexual activity to ensure that he or she has effective consent from any other person involved. Silence, lack of protest, or lack of resistance are not sufficient standing alone to establish consent. The actions of the individuals involved and the context in which those actions occurred will be considered in determining whether or not there was consent. The existence of a dating relationship or a past sexual relationship between the persons involved is not a sufficient basis to assume consent. Past consent between two individuals does not imply present or future consent to sexual activity.

Consent is not valid when a person is incapable of giving consent: (1) due to the person’s use or consumption of drugs or alcohol; (2) when intimidation, threats, physical force, or other actions that are coercive are applied; (3) when a physical or mental condition is present such that the person cannot knowingly or voluntarily give consent; or (4) when a person is under the age of 16.

Policy 311-A provides that consent means words or actions that demonstrate to a reasonable person a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. The absence of a “no,” silence, lack of protest, or lack of resistance are not sufficient standing alone to establish consent.

Alcohol-related incapacity results from a level of alcohol ingestion that is more severe than mere impairment, being under the influence, drunkenness or intoxication. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards and includes an analysis of the objective behaviors of the person alleging sexual misconduct and whether the accused person knew or reasonably should have known that the person was incapacitated, or if the accused person played a role in creating the circumstances of incapacity. Whether the accused person knew or reasonably should have known the other person was incapacitated will be assessed in light of all relevant circumstances. Objective physical indications of incapacity include slurred speech, difficulty walking or standing, vomiting, and losing consciousness. The use of alcohol or other drugs does not make a victim at fault for sexual misconduct. The use of alcohol or other drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct. Nor does the use of alcohol or other drugs minimize or excuse a person’s responsibility for determining whether another person is capable of giving consent, as described above.

Police investigation and criminal prosecution of sexual misconduct crimes determine whether an individual violated criminal law. Following a police investigation and a trial, which may take months to years, a defendant who is found guilty may be imprisoned. Consequently, defendants in criminal matters are entitled to due process rights under the U.S. Constitution, such as the right to a jury trial, the right against self-incrimination, and the right to confront witnesses. Trials in criminal matters for most crimes use the “beyond a reasonable doubt” standard of proof.

In contrast, college and university Title IX investigations determine whether a respondent has violated the university’s policy on sexual misconduct, and if so, what disciplinary actions and remedial measures are appropriate. Imprisonment is not a sanction colleges and universities can impose, so Title IX processes are not subject to the Constitution’s full due process protections. Unlike in criminal matters, colleges and universities are required to use the “preponderance of the evidence” standard to determine whether there has been a violation of university policy. A preponderance of the evidence means that over 50% of the evidence supports a finding.

No. The federal regulations do not require that colleges report complaints of sexual misconduct to law enforcement for investigation. Many people do not wish to file a police report or participate in a criminal trial. Advocates recommend that those who have experienced sexual misconduct should be allowed to choose whether to report a matter to the police. For these reasons, the colleges typically only refer cases to the police if the complainants request support in doing so, or if the incident poses a safety risk to the greater campus community.

It depends. With the exception of the Community College of Vermont, the colleges offer several resources for students, faculty, and staff who have experienced or been impacted by sexual misconduct and wish to talk confidentially with someone who will help explain their options and provide relevant information and emotional support. There are also local organizations who provide confidential support. Confidential resources will not disclose a client’s name or other identifying information unless the client is a minor or it is determined that the information shared constitutes an imminent risk to the individual’s safety or the safety of others. For a list of confidential resources, please click here.

It is important to remember that at the VSCS, every employee, from professors to resident advisors, is considered a “responsible employee” and is required to report incidents of sexual misconduct to the college. The colleges make every effort to protect the privacy of the parties’ but the information will not be kept confidential.

When a complainant requests that their name or identifiable information not be disclosed to the alleged perpetrator, the college’s ability to respond to the complaint may be limited. In cases where a victim of sexual misconduct requests anonymity or does not wish to proceed with an investigation, the college will attempt to honor that request. However, in some cases, the coordinator may determine that the college needs to proceed with an investigation based on concern for the safety or well-being of the broader campus community (e.g., risk of future acts of sexual violence or a pattern of sexual misconduct).

The VSCS reserves the right to take appropriate action in such circumstances, including in cases when the complainant is reluctant to proceed. Factors considered in making this determination include, for example, situations where there may be a pattern of violations, a history of violence, threats of future violence, multiple perpetrators, a pattern of perpetration at a specific location or by a particular group, use of a weapon, a particularly vulnerable victim, and whether there are other means to obtain relevant evidence.

Under the Policy 311/311-A, in order to find a violation, the credible evidence must establish that it is more likely than not (i.e. there is more than a 50% likelihood) that a respondent engaged in behavior that violated the Policy. This concept, known as the “preponderance of the evidence” standard, can be visualized as a scale representing the burden of proof, and the evidence must be sufficient to tip the scale in favor of establishing a violation. If the evidence tips in favor of finding no violation, the preponderance of the evidence standard has not been met. Similarly, if the scale does not tip to either side, but remains equally balanced, the standard has not been met.

During a formal investigation, the coordinator, investigators, and responsible college administrator (RCA) meet with the parties separately. Each party is given an opportunity to share their version of events, provide any evidence and a list of potential witnesses to investigators, and request questions that they would like the investigators to consider asking the other party. If there are recordings of the interviews, the parties may request to listen to them. Following the interviews, the parties are given a draft of the report to review prior to its submission to the RCA. They are permitted to submit responses to the report, which will be added to the final version. Once the report goes to the RCA, the parties may choose to meet with the RCA for a discussion regarding the investigation.

Policy 311 prohibits discrimination and harassment on the basis of a protected category.  Protected categories include a person’s race, color, ancestry, ethnicity, national origin, place of birth, sex, sexual orientation, gender identity, creed, religion, disability, age, veteran status, marital status, genetic information, positive HIV-related blood test results, and any other status protected by state or federal law.  In addition, inappropriate amorous or sexual relationships between VSCS employees and students, including those that may not otherwise rise to the level of sexual harassment, are prohibited.

Policy 311-A prohibits sexual misconduct, domestic violence, dating violence, sexual assault, and stalking in the VSC’s educational, extracurricular, athletic, and other programs and activities, as well as in the employment setting.