Advisor means a person selected by the Complainant or Respondent, or appointed by Carleton, who may be present during the Formal Complaint Resolution Process and meetings related thereto. An Advisor selected by the Complainant or Respondent may be an attorney.
Appellate Officer means the individual designated by Carleton to decide Appeals in accordance with Section VI.I of the Policy Against Sexual Misconduct.
Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
Confidential Campus Resources means all employees of Carleton’s Student Health and Counseling Center and clergy who serve as College Chaplains. Individuals involved in sexual misconduct matters may seek confidential support from these resources, who will maintain complete confidentiality of all information shared with them. Confidential Campus Resources have a responsibility to report non-personally identifiable information about sexual misconduct for the purpose of statistical reporting, as required by law.
Consent means the mutual understanding of words or actions freely and actively given by two informed people that a reasonable person would interpret as a willingness to participate in mutually agreed upon sexual activity.
- Consent is not effective when force, threat, or coercion is used.
- Consent is not effective if the recipient party is incapacitated, asleep, or unconscious.
- Silence or non-communication should never be interpreted as effective consent.
- Consent to one type of sexual activity does not imply consent to other types of sexual activity.
- Past consent is not future consent.
- Consent can be withdrawn at any time.
Decision-Maker means a member of the panel designated by Carleton that hears and reaches a determination regarding a Formal Complaint alleging Sexual Harassment in accordance with the procedures outlined in Section VI of the Policy Against Sexual Misconduct. One of the Decision-Makers in any hearing shall be the Hearing Officer.
Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting investigation of the allegations.
Formal Complaint Resolution Process is the process outlined in Section VI of the Policy Against Sexual Misconduct.
Hearing Officer means the individual designated by Carleton who is responsible for managing the conduct of a hearing on a Formal Complaint of Sexual Harassment in accordance with the procedures outlined in Section VI of the Policy Against Sexual Misconduct. The Hearing Officer is also a Decision-Maker.
Incapacitation means the physical and/or mental inability to make informed, rational judgments. A person is incapacitated if they lack the necessary judgment to give consent to sexual activity. For example, a person may be incapacitated when asleep or under the influence of alcohol or drugs to an extent that the person is not capable of making a knowing decision. Knowledge of incapacity is evaluated based on a reasonable person standard. Accordingly, if a person has sexual contact with someone whom that person knows to be, or whom a reasonable person would know to be, incapable of making a rational, reasonable decision, that contact is without consent. Being intoxicated or under the influence of any substance at the time of sexual contact is never an excuse for violating this Policy.
Informal Resolution means the process outlined herein for resolving a Formal Complaint with the voluntary written consent of both the Complainant and Respondent and consistent with the other conditions and procedures set out in Section VI of the Policy Against Sexual Misconduct.
Investigative Report is a written report prepared by the Investigator that fairly summarizes relevant evidence gathered in an investigation and relating to a Formal Complaint.
Investigator means the individual designated by Carleton to gather information in response to a Formal Complaint.
Respondent means an individual who has been alleged to be the perpetrator of conduct that could constitute Sexual Harassment.
Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following:
- An employee of Carleton conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to education programs or activities;
- Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation which include:
- Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Incest – Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Rape – The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Sexual Assault with an Object – To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, stick.
- Sodomy – Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent
- Dating violence, meaning violence (including but not limited to physical, emotional, or psychological behaviors) committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on (i) the length of the relationship; (ii) the type of relationship; (iii) the frequency of interaction between the persons involved in the relationship;
- Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Minnesota, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Minnesota; or
- Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
SMS Advisor means a Sexual Misconduct Support Advisor, selected from a pool of Carleton staff who have volunteered to serve as advisors to students and have received training on this Policy and the Formal Complaint Resolution Process.
Supportive Measures means non-disciplinary, non-punitive, individualized services designed to restore or preserve equal access to educational programs or activities. Supportive Measures may be offered to a Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive Measures may include, but are not limited to:
- Counseling
- Coursework adjustments
- Modifications of schedules
- Campus escort services
- Mutual restrictions on contact
- Changes in work or housing locations
- Leaves of absence
- Increased security or monitoring
- Information regarding health care and mental health care
- Information regarding advocacy services and legal assistance
Supportive Measures provided to a Complainant or Respondent will be kept confidential to the extent feasible.
Title IX Coordinator: Carleton has designated Laura Riehle-Merrill to serve as its Title IX Coordinator. Their contact information is:
Laura Riehle-Merrill
Title IX Coordinator
Henry House 206
(507) 222 4028
lriehlem@carleton.edu