Sexual Harassment Policy

OVERVIEW

Harassment and discrimination are contrary to the College’s mission as an educational institution in which tolerance and respect are central.  Trinity College takes allegations of all types of harassment, abuse and discrimination seriously and will promptly investigate complaints, take any action necessary to end the behavior and impose appropriate penalties.  

DISCRIMINATION 

Members of the College community are prohibited from engaging in physical or verbal acts that have the purpose or effect of denying the right to equal access to education or employment on the basis of race, ethnic or national origin, sex, age, disability, religion, sexual orientation, color, gender expression or gender identity.  Discrimination is deemed to have occurred when there is evidence of differential treatment, i.e., when an agent or employee of the College, acting in his or her official capacity, treats a student or employee differently based on membership in the aforementioned protected classes without a non-discriminatory reason to do so, with the result that the person is prevented from participating in or gaining the privileges of programs and services of the College. Discrimination may also occur between parties of equal authority, or between students, based on the protected classes. 

GENERAL HARASSMENT/ABUSE

Harassment includes, but is not limited to, physical or non-physical behavior, such as assault, abuse, stalking, hazing, invasion of privacy, and intimidation.  The following definitions provide examples of behavior that will not be tolerated:

1)     Assault is nonconsensual physical contact that places someone in fear or apprehension of immediate harm.  Relationship violence may also be categorized as assault. 

2)     Stalking refers to a pattern of behavior where an individual willfully, maliciously, and repeatedly follows another in his/her course of daily activities in such a way that the stalker’s actions can reasonably be found to interfere with another person’s ability to perform his or her regular duties or cause that person to feel frightened, intimidated, harassed, threatened or molested. 

3)     Invasion of privacy is unauthorized taking and use of facts, information, and/or property not in the public domain that a reasonable person would desire to keep from the public eye. 

4)     Intimidation is spoken, written or physical conduct directed toward an individual or individuals that unreasonably interferes with his/their full participation in the Trinity College community or that is intended to create or may be reasonably determined to have created a threatening or hostile environment. 

Discriminatory harassment is harassment based on race, ethnic or national origin, sex, age, disability, sexual orientation, color, gender expression or gender identity.  Discriminatory harassment includes conduct specifically directed at an individual or a small group of individuals and expresses hatred or contempt on the basis of stereotyped group characteristics or because of a person’s identification with a particular group.  Discriminatory harassment also includes any action or speech directed toward members of the aforementioned groups that reasonably can be determined to be threatening in content or is spoken in a manner that suggests violence toward such persons in imminent.  

Discriminatory harassment is deemed to have occurred when harassing conduct is sufficiently severe, pervasive, or persistent that it interferes with or limits a student’s or employee’s ability to participate in or gain the privileges of programs and services of the College.   

SEXUAL HARASSMENT

Sexual harassment is not only incompatible with the mission of the College; it is also a form of sex discrimination that violates federal law (Title VII and Title IX), Connecticut law and Trinity College policy.  The College, its agents, supervisory employees, staff, and students shall be held liable for their acts of sexual harassment and are subject to appropriate college disciplinary action and personal liability.

Sexual harassment, whether opposite or same sex, includes but is not limited to: unwelcome sexual advances, unwelcome requests for sexual favors, or other behavior of a sexual nature, on or off-campus, when: 

1)     submission to such conduct is made a condition, explicit or implicit, of an individual's education or employment; or  

2)     submission to or rejection of such conduct is used as a factor in or basis for decisions affecting an individual’s education or employment;  or 

3)     such conduct has the purpose or effect of unreasonably interfering with an individual’s education or employment by creating an intimidating, hostile, or offensive educational, living, or work environment. 

While it is not possible to list all the circumstances that may be considered sexual harassment, the following are examples of conduct which, if unwelcome, may constitute sexual harassment:  physical, verbal, visual or written conduct of a sexual nature, including, but not limited to, pressuring someone for dates; retaliation for non-submission to a request for sexual favors; and electronic messages or photos.   

Romantic Relations

All relationships that occur in a hierarchical relationship present an imbalance of power.  By virtue of his or her position, a supervisor has control over the terms and conditions of a person’s employment, or a student’s academic standing. 

Therefore, Trinity College affirms and upholds a policy which discourages romantic relations between supervisors, whether staff or faculty, and non-supervisors when a supervisory relationship exists.  Additionally, this policy forbids such relationships when a faculty member has or may have responsibility for a student through any professional supervisory obligations, including teaching, advising, departmental, committee, and coaching.

This latter statement applies equally to graduate and IDP students. We expect faculty and supervisors to avoid engaging in romantic relationships with individuals over whom they exercise or have the potential to exercise power.  When such situations cannot be avoided, counsel should be sought from the appropriate College representative to ensure that any necessary steps are taken to avoid potential conflict.  

Student Sexual Harassment

Investigations and procedures related to sexual harassment of students by students are conducted by the Dean of Students.  The procedures are outlined in the College Regulations section of the Student Handbook. 

REPORTING PROCEDURES 

Anyone who believes him or herself to have been harassed or discriminated against is encouraged to consult with any of the following: 

 

-      Title IX Coordinator & Ombudsperson for Administrative Staff, Dean Karla Spurlock-Evans 

-     Faculty Ombudsperson, Maurice Wade 

-     Director of Human Resources, Beth Iacampo 

-     Associate Directors of Human Resources Wendy DeLisa and Diane Schell   

-     Dean of Students Fred Alford, and Associate Deans of Students Ann Reuman and Christopher Card 

-     Women & Gender Resource Action Center (WGRAC)  Director Laura Lockwood 

-     Queer Resource Center (QRC) Coordinator Crystal Nieves 

If the complaint-taker deems the situation to be a case of sexual harassment, it is his/her responsibility under the law to bring the matter to the appropriate party - Dean of Students, Dean of Faculty, or Human Resources. In all other cases, an investigation will go forward only with the consent of the complainant.  In all cases, confidentiality at all levels will be maintained to the extent possible within the scope of state and federal law. 

An investigation, which may include meeting with witnesses, followed by a hearing, may need to be conducted to determine the status of the accused parties.  A student may make a report of sexual harassment up to five years following graduation.  

The procedures for filing a complaint against a Faculty member are published in the Student Handbook, and in the appendix to the Faculty Manual.  No actions concerning a Faculty member’s behavior which could be construed to affect his or her status at the College should be taken outside of the procedures of Appendix A.4 of the Faculty Manual. 

Following an investigation, disciplinary measures will be taken commensurate with the findings.  This may include penalties up to and including termination or expulsion.  

RETALIATION 

State and federal laws and College policies protect against retaliation for reporting prohibited discrimination and harassment, filing a complaint of prohibited discrimination or harassment, or participating in the investigation of such a complaint.  Any person who retaliates against an individual reporting or filing a complaint of discrimination or harassment is subject to disciplinary procedures up to and including expulsion or termination by the College.  

This protection exists even if a complaint is eventually dismissed or is deemed to lack merit.  Intentionally false accusations will be tolerated, however, and a person will be held accountable for making intentionally false claims of prohibited discrimination or harassment. 

Colleagues who assist others in raising a complaint of prohibited discrimination or harassment by offering advice and moral support, or by giving testimony or documentary evidence in support of a complaint, are similarly protected. 

Instances of retaliation should be promptly reported to the individual responsible for handling the original claim of discrimination or harassment. 

TRAINING

In accordance with Connecticut law, all faculty and staff members who have supervisory responsibilities (this includes the supervision of a Teaching Assistant, Graduate Student or mentor) are required to attend a two-hour sexual harassment prevention training program within six months of their assumption of supervisory responsibilities. 

SEXUAL MISCONDUCT 

Trinity College expressly prohibits sexual misconduct in all forms.  Sexual misconduct includes the following: 

Non–consensual Sexual Intercourse: Rape

Any sexual penetration (oral, vaginal, or anal), however slight, with any object or sexual intercourse by a man or a woman upon a man or a woman without effective consent.   Rape is a crime of violence in which one person forces, coerces or manipulates another person into sexual intercourse.  Rape includes vaginal, oral or anal penetration and includes forced or coerced oral sex. 

Non-consensual Sexual Contact: Sexual Assault

Any intentional sexual touching by a man or woman upon a man or woman without effective consent, whether such touching is direct or through clothing.  Sexual touching includes any intentional sexual contact with the breasts, buttocks, groin, genitals, mouth, or other bodily orifice of another, or touching another with any of these body parts, or making another touch you or himself or herself with or on any of these body parts; any intentional bodily contact in a sexual manner, even though not involving the previously mentioned body parts.  

Sexual Exploitation

Sexual exploitation is any conduct in which a person takes nonconsensual, unjust, or abusive sexual advantage of another for his or her own benefit or to benefit or advantage anyone other than the person being exploited.  This refers to behavior that does not constitute sexual misconduct or sexual harassment.

Definition of Effective Consent

Effective consent is informed, freely- and actively-given mutually understandable words or actions that indicate a willingness to participate in a mutually agreed upon sexual activity.  Consent may never be given by minors (in Connecticut, those not yet sixteen (16) years of age), mentally disabled persons and those who are incapacitated as a result of alcohol or other drug use (voluntary or involuntary) or those who are unconscious, unaware or otherwise physically helpless.  Consent that is obtained through the use of fraud or force (actual or implied) whether that force be physical force, threats, intimidation, or verbal coercion, is not effective consent. 

SART - Sexual Assault Response Team

The Sexual Assault Response Team (SART)  provides the campus community with safe, anonymous  and confidential options to report sexual misconduct and to receive assistance, support, medical help, counseling, advocacy, or academic intervention following a  sexual assault, rape, dating or relationship violence and stalking.   SART is coordinated by the WGRAC Director.  SART members, their photos, reporting options, “date-rape drug” information and prevention tips for women and men can be found on the SART website: www.trincoll.edu:  click on  “S” then go to Sexual Assault Response Team (SART).
 The college encourages you to report an incident to the Dean of Students and/or the Hartford Police. However, the choice of what you do following an assault is yours.


REPORTING OPTIONS
CONFIDENTIAL OPTION:

If you would like to disclose the incident to someone at the College in full confidence, you can speak to the College Chaplain or the Catholic Campus Ministry representative in the Chaplain's office, or a staff member at the Counseling Center. In addition to providing support and counseling, they can also make referrals and talk about your options.  You can also contact the Connecticut 24-hour sexual assault  hotline:888-999-5545; and, the intimate partner violence hotline: 888-774-2900.
College Chaplain: allison.read@trincoll.edu: 860-297-2012
Catholic Campus Ministry: michael.dolan@trincoll.edu: 860-297-2016
Counseling Center: randolph.lee@trincoll.edu: 860-297-2415
 
HARTFORD POLICE OPTION:
A student may contact the Hartford Police to press criminal charges.  A member of the Campus Safety administration or an AOC (Administrator on Call) can accompany the student to make the report.  If the student has a post-evidence collection kit done at Hartford Hospital, this evidence can be used to help convict the perpetrator should the matter go to trial. A SART member can accompany you when you file a report. In Connecticut, you have up to five (5) years following the incident to file a police report.

DEAN OF STUDENTS OPTION:
The College encourages you to file a complaint with the Dean of Students Office for formal adjudication.  The college will conduct an investigation in advance of any hearing. A hearing will take place with an administrative panel, at which all parties to the complainant can have an adviser who is a member of the College and witnesses that you name who have relevant information. Based on the hearing, the alleged perpetrator will be found responsible or not responsible, and appropriate sanctions will be imposed in cases where the respondent is found to be responsible. If you had been drinking at the time of the incident, and were under age 21, you will not be found in violation of College alcohol policy unless the circumstances are extraordinary. In the event that the victim is in an academic or living situation that involves contact with the alleged assailant, the dean of students will, to the extent possible, facilitate the reassignment of living quarters and/or academic situation and  provide such reasonable accommodations to prevent such a contact. A student who wishes to bring a complaint against a member of the administration, staff or faculty should consult:
 
Dean of Students: frederick.alford@trincoll.edu: 860-297-2156
Associate Deans of Students: ann.reuman@trincoll.edu; christopher.card@trincoll.edu: 860-297-2156
Dean of Faculty(Interim): richard.prigodich@trincoll.edu: 860-297-2130
Director of Human Resources: beth.iacampo@trincoll.edu: 860-297-2272
SART OPTION
Students can speak to a SART member to receive support, referrals, information, and help understanding the reporting options. SART members are trained in victim and survivor response. The SART member will document your assault on the reporting from. Listing your name on the report is optional. This form will act as a statistic for the College, as the College must track the number of reported sexual assault in compliance with federal law - the Clery act. SART members will maintain confidentiality to the fullest extent possible unless the name of the alleged perpetrator is revealed. You will need to report the incident to the dean of students if you are under 18, you or the campus community is in imminent danger, or the SART member has to comply with a legal order. The survivor may even request a third party to report the incident to the dean of students, campus safety, or the police in order to protect his or her anonymity.

Post-Evidence Collection Kit: Hartford Hospital

The college encourages survivors to go to Hartford Hospital for a ’post-evidence collection kit’, also known as a “rape kit.” The Trinity Emergency Response Team (TCERT) provides transportation: 860-297-2222. A survivor can bring a friend, and a Campus Advocate from the local rape crisis services (YWCA/SACS) will be notified. This advocate will stay with you and advocate on your behalf at your request. Please bring a change of clothes, and try not to shower or douche following the assault. The exam can take up to four hours.  Tests for “date-rape” drugs - such as GHB or Rohpynol  - and STDs, can be administered if requested. 

Penalties

Students found guilty of sexual assault face a range of disciplinary measures up to and including expulsion. In cases of alleged sex offense,  

The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and 

-     Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding that is brought alleging a sex offense.  Compliance with this paragraph does not constitute a violation of the Family Education Rights and Privacy Act (FERPA). 

-     For the purpose of this paragraph, the outcome of a disciplinary proceeding means only the institution’s final determination with respect to the alleged sex offense and any sanction that is imposed against the accused.