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In an article written by Eliza Brooke for GQ Magazine, Brooke writes about #SexEd and post #MeToo and references Antioch’s early 1990s response to reports of rape on campus:
the Sexual Assault Policy which received nation-wide coverage by the media.
29 years ago, Antioch’s sexual consent form was mocked. Today, it’s more relevant than ever.
Follow this link to read the article. The full policy is outlined below.
THE ANTIOCH COLLEGE SEXUAL OFFENSE POLICY
All sexual contact and conduct on the Antioch College campus and/or
occurring with an Antioch community member must be consensual.
When a sexual offense, as defined herein, is committed by a
community member, such action will not be tolerated.
Antioch College provides and maintains educational programs for all
community members, some aspects of which are required. The
educational aspects of this policy are intended to prevent sexual
offenses and ultimately to heighten community awareness.
In support of this policy and community safety, a support network
exists that consists of the Sexual Offense Prevention and Survivors'
Advocacy Program, an Advocate, Peer Advocates, and
victim/survivor support groups through the Sexual Offense
Prevention and Survivors' Advocacy Program and Counseling
Services.
The Advocate (or other designated administrator) shall be
responsible for initiation and coordination of measures required by
this policy.
The implementation of this policy also utilizes established Antioch
governance structures and adheres to contractual obligations.
CONSENT
1. For the purpose of this policy, "consent" shall be defined as
follows: the act of willingly and verbally agreeing to engage in
specific sexual contact or conduct.
2. If sexual contact and/or conduct is not mutually and
simultaneously initiated, then the person who initiates sexual
contact/conduct is responsible for getting the verbal consent of the
other individual(s) involved.
3. Obtaining consent is an on-going process in any sexual
interaction. Verbal consent should be obtained with each new level
of physical and/or sexual contact/conduct in any given interaction,
regardless of who initiates it. Asking "Do you want to have sex with
me?" is not enough. The request for consent must be specific to each
act.
4. The person with whom sexual contact/conduct is initiated is
responsible to express verbally and/or physically her/his willingness
or lack of willingness when reasonably possible.
5. If someone has initially consented but then stops consenting
during a sexual interaction, she/he should communicate withdrawal
verbally and/or through physical resistance. The other individual(s)
must stop immediately.
6. To knowingly take advantage of someone who is under the
influence of alcohol, drugs and/or prescribed medication is not
acceptable behavior in the Antioch community.
7. If someone verbally agrees to engage in specific contact or
conduct, but it is not of her/his own free will due to any of the
circumstances stated in (a) through (d) below, then the person
initiating shall be considered in violation of this policy if:
a) the person submitting is under the influence of alcohol or
other substances supplied to her/him by the person initiating;
b) the person submitting is incapacitated by alcohol, drugs,
and/or prescribed medication;
c) the person submitting is asleep or unconscious;
d) the person initiating has forced, threatened, coerced, or
intimidated the other individual(s) into engaging in sexual contact
and/or sexual conduct.
OFFENSES DEFINED
The following sexual contact/conduct are prohibited under
Antioch College's Sexual Offense Policy and, in addition to possible
criminal prosecution, may result in sanctions up to and including
expulsion or termination of employment.
RAPE: Non-consensual penetration, however slight, of the vagina
or anus; non-consensual fellatio or cunnilingus.
SEXUAL ASSAULT: Non-consensual sexual conduct exclusive of
vaginal and anal penetration, fellatio and cunnilingus. This includes,
but is not limited to, attempted non-consensual penetration, fellatio,
or cunnilingus; the respondent coercing or forcing the primary
witness to engage in non-consensual sexual contact with the
respondent or another.
SEXUAL IMPOSITION: Non-consensual sexual contact. "Sexual
contact" includes the touching of thighs, genitals, buttocks, the pubic
region, or the breast/chest area.
INSISTENT AND/OR PERSISTENT SEXUAL HARASSMENT:
Any insistent and/or persistent emotional, verbal or mental
intimidation or abuse found to be sexually threatening or offensive.
This includes, but is not limited to, unwelcome and irrelevant
comments, references, gestures or other forms of personal attention
which are inappropriate and which may be perceived as persistent
sexual overtones or denigration.
NON-DISCLOSURE OF A KNOWN POSITIVE HIV STATUS:
Failure to inform one's sexual partner of one's known positive HIV
status prior to engaging in high risk sexual conduct.
NON-DISCLOSURE OF A KNOWN SEXUALLY TRANSMITTED DISEASE:
Failure to inform one's sexual partner of one's known infection with
a sexually transmitted disease (other than HIV) prior to engaging in
high risk sexual conduct.
PROCEDURES
1. To maintain the safety of all community members, community
members who are suspected of violating this policy should be made
aware of the concern about their behavior. Sometimes people are
not aware that their behavior is sexually offensive, threatening, or
hurtful. Educating them about the effects of their behavior may
cause them to change their behavior.
If someone suspects that a violation of this Sexual Offense Policy
may have occurred, she/he should contact a member of the Sexual
Offense Prevention and Survivors' Advocacy Program or the Dean
of Students.
It is strongly encouraged that suspected violations be reported, and
that they be reported as soon as is reasonable after a suspected violation
has occurred. Where criminal misconduct is involved, reporting the misconduct
to the local law enforcement agency is also strongly encouraged.
Any discussion of a suspected violation with a member of the
Sexual Offense Prevention and Survivors' Advocacy Program or the
Dean of Students will be treated as confidential.
2. When a suspected violation of this policy is reported, the person
who receives the report with the Sexual Offense Prevention and
Survivors' Advocacy Program or the Dean of Students office will
explain to the person reporting all of her/his options (such as
mediation, the Hearing Board, and criminal prosecution) which are
appropriate to the suspected offense.
3. If the person reporting a suspected policy violation wishes to
arrange for mediation, then the Advocate, the Dean of Students, or a
staff member of the Sexual Offense Prevention and Survivors'
Advocacy program shall arrange for mediation consistent with the
mediation guidelines used by the Sexual Offense Prevention and
Survivors' Advocacy Program.
a) If the Dean of Students arranges mediation, the Dean shall
notify the Advocate of the mediation session.
b) A written agreement with educational and/or behavioral
requirements may be part of the outcome of a mediation session.
Copies of this agreement shall be given to the parties involved, the
Advocate and the Dean of Students.
c) Should a student persist in sexually threatening or offensive
behavior after mediation has been attempted, the Sexual Harassment
Committee or the Advocate should refer the case to the Hearing
Board.
d) If a satisfactory conclusion is not reached through mediation,
or if the mediation agreement is not adhered to by any of its
participants, then the case may be referred to the Hearing Board.
4. In the event that an action taken by the Dean of Students
regarding a sexual offense is appealed, the appeal shall be made to
the Hearing Board.
5. If the primary witness wishes the Hearing Board to make a
finding regarding an alleged policy violation, the primary witness
must file a written complaint with the Advocate. The Advocate shall
inform the primary witness of her/his rights regarding procedure
and appeal under this policy.
6. When a written complaint is filed, if the respondent is an
employee, the Advocate shall inform the President or the President's
designee of the reported violation of the Sexual Offense Policy. The
matter will be promptly investigated by the appropriate
administrator or other supervisor with the assistance of the
Advocate. If whatever review process appropriate to the employee
results in a determination that the policy has been violated, then the
remedy should be commensurate with the seriousness of the
violation, and procedures specified in College and University policies
should be followed.
7. When an official report is filed, if the respondent is a student,
then the following procedures shall be followed:
A. The Advocate shall notify the Dean of Students, or another
senior College official, who shall have the respondent report to the
Dean of Students' office within a reasonable period of time, not to
exceed the next business day the College is open that the respondent
is on campus. When the respondent reports, the respondent will then
be informed by the Advocate and/or the Dean of Students of the
report of the sexual offense, the policy violation which is being
alleged, and her/his rights regarding procedure and appeal. The
respondent will be given an opportunity to present her/his side of the
story at that time. If the respondent does not report as directed, then
implementation of this policy shall proceed.
B. Based on the information available, the Advocate, or the Dean
of Students in the Advocate's absence, will determine whether there
is reasonable cause to believe that a policy violation may have
occurred.
C. In the event that the respondent is situated on campus, if (1)
there is reasonable cause to believe that a policy violation may have
occurred, and (2) there is reasonable cause to believe that the
respondent may pose a threat or danger to the safety of the
community, the Hearing Board will be convened as soon as possible,
preferably within 24 hours from the time of the report to the
Advocate, to determine whether the respondent shall be removed
from campus until the conclusion of the Hearing process. If the
Hearing Board cannot be convened within 24 hours but there is
reasonable cause as stated in (1) and (2) above, the Dean of Students,
or the Advocate in the Dean of Students' absence, can act to remove
the respondent from campus.
If the respondent is living on-campus and is temporarily banned
from campus, the College will help arrange housing if the
respondent is unable to locate any on her/his own.
If the respondent is taking classes on-campus and is temporarily
banned from attending classes, the College will help provide
alternative instruction.
The emergency removal of the respondent from campus shall not
constitute a determination that the respondent has violated this
policy.
D. The Hearing Board will then convene for a Hearing, to
hear the case. Consistent with this policy, the Hearing Board will
take into account the primary witness's story, the respondentUs story,
witnesses, the past history of the respondent, and other relevant
evidence, and will determine whether or not a policy violation has
occurred and which aspect of the policy has been violated.
E. The Hearing shall take place as soon thereafter as is
reasonable, no longer than seven days from the date of filing or the
notification of the respondent, whichever is later, unless the
Advocate determines that reasonable cause exists for convening the
meeting at a later, still reasonable time, in which event the Advocate
shall so notify the Chair of the Hearing Board.
F. If the primary witness chooses, she/he may have a
representative at all hearings of the Hearing Board and/or through
any appeals process. The primary witness's advocate is to provide
advocacy and emotional support for the primary witness. When
appropriate, if the primary witness chooses, the Advocate or a Peer
Advocate may act as the primary witnessUs representative at all
hearings of the Hearing Board and/or through any appeals process.
The primary witness may also choose to have someone outside the
Sexual Offense Prevention and Survivors' Advocacy Program serve
as her/his representative. Choosing a representative from within the
Antioch community is encouraged.
G. If the respondent chooses, she/he may have a representative
at all hearings of the Hearing Board and/or through any appeals process.
The respondent's advocate is to provide advocacy and emotional support
for the respondent. When appropriate, if the respondent chooses, the
respondent may select an advocate from the list maintained by the Dean of
Students' office of administrators and tenured faculty who have agreed to
serve in this role. This advocate may act as the respondent's representative
at all hearings of the Hearing Board and/or through any appeals process.
The respondent may also choose to have someone outside this list
serve as her/his representative. Choosing a representative from
within the Antioch community is encouraged.
8. The Hearing Board and any appellate body which hears a case
under this policy shall administer its proceedings according to these
fundamental assumptions:
A. There will be no reference to the past consensual, non-
violent sexual contact and/or conduct of either the primary witness
or the respondent.
B. No physical evidence of a sexual offense is necessary to
determine that one has occurred, nor is a visit to the hospital or the
administration of a rape kit required. The primary witness shall be
supported by the Advocate in whatever decisions she/he makes, and
be informed of legal procedures regarding physical evidence.
C. The fact that a respondent was under the influence of drugs
or alcohol or mental dysfunction at the time of the sexual offense
will not excuse or justify the commission of any sexual offense as
defined herein, and shall not be used as a defense.
9. This policy is intended to deal with sexual offenses which
occurred in the Antioch community, and/or with an Antioch
community member, on or after February 7, 1991. Sexual offenses
which occurred prior to that date were still a violation of community
standards, and should be addressed through the policies and
governance structures which were in effect at the time of the offense.
THE HEARING BOARD
1. The Hearing Board's duties are:
a) to hear all sides of the story;
b) to investigate as appropriate;
c) to determine if a violation of this policy has occurred;
d) to develop, in consultation with the Dean of Students and the
Advocate, an appropriate remedy in cases where mandatory remedies are not
prescribed in this policy;
e) to prepare a written report setting forth its findings which it
distributes to the parties involved and the Dean of Students.
2. The Hearing Board will consist of three community
representatives as voting members and the Dean of Students as an ex-
officio member.
3. By the end of each Spring quarter, nine representatives will be
chosen to form a Hearing Board pool to begin serving at the
beginning of the next academic year (Fall quarter) for the duration
of that academic year: three each from the categories of students,
faculty, and administrators/staff members.
A. The nine members of the Hearing Board pool shall be
appointed by ADCIL from the following recommended candidates:
1) Six students recommended by COMCIL;
2) Six faculty members recommended by the Dean of Faculty
and FEC;
3) Six administrators/staff members who shall be
recommended by the President of the College.
B. At least five members of the Hearing Board pool shall be
women.
C. Three of the representatives shall be appointed by ADCIL to
serve each quarter as a Hearing Board. One Hearing Board member
must be from each of the three categories listed above, and at least
one member must be a person of color.
For every case which is heard, at least one Hearing Board member
must be the same sex as the primary witness, and at least one Hearing
Board member must be the same sex as the respondent.
D. One member of the Hearing Board shall be designated by
ADCIL to serve as Chair. The Chair shall preside for all Hearing
Board meetings that quarter, and shall make the necessary physical
arrangements to convene the Hearing Board (i.e., contact Hearing
Board members, notify all parties involved of date, time, place, etc.,)
E. The six representatives who are not serving in a particular
quarter shall be alternates in case an active member is not available
or has a conflict of interest.
F. If an active member of the Hearing Board has a conflict of
interest in the case, that member is responsible to report the conflict
as soon as possible. ADCIL shall be responsible to determine if the
conflict requires replacing the member, with an alternate chosen by
ADCIL to immediately take her/his place. If convening ADCIL for
this purpose would serve to delay the Hearing Board process, then
the President shall make a determination regarding conflict and, if
necessary, appoint an alternate.
4. All members of the Hearing Board pool shall receive training by
the Advocate and the College attorney regarding this policy and
pertinent legal issues.
5. The Hearing Board is expected to follow the procedures outlined
in Appendix D. Any procedures not covered in this policy, including
Appendix D, shall be determined according to the discretion of the
Hearing Board.
REMEDIES
1. When a policy violation by a student is found by the Hearing
Board, the Hearing Board shall also determine a remedy which is
commensurate with the offense, except in those cases where
mandatory remedies are prescribed in this policy.
When a remedy is not prescribed, the Hearing Board shall
determine the remedy in consultation with the Dean of Students and
the Advocate, and shall include an educational and/or rehabilitation
component as part of the remedy.
2. For Rape: In the event that the Hearing Board determines that the
violation of rape has occurred, as defined under this policy, then the
respondent must be expelled immediately.
3. For Sexual Assault: In the event that the Hearing Board
determines that the violation of sexual assault has occurred, as
defined under this policy, then the respondent must: a) be suspended
immediately for a period of no less than six months; b) successfully
complete a treatment program for sexual offenders approved by the
Director of Counseling Services before returning to campus; and (c)
upon return to campus, be subject to mandatory class and co-op
scheduling so that the respondent and primary witness avoid, to the
greatest extent possible, all contact, unless the primary witness agrees
otherwise.
In the event that the Hearing Board determines that a second
violation of sexual assault has occurred, with the same respondent, then the
respondent must be expelled immediately.
4. For Sexual Imposition: In the event that the Hearing Board
determines that the violation of sexual imposition has occurred, as
defined under this policy, then the recommended remedy is that the
respondent: a) be suspended immediately for a period of no less than
three months; b) successfully complete a treatment program for
sexual offenders approved by the Director of Counseling Services
before returning to campus; and (c) upon return to campus, be
subject to mandatory class and co-op scheduling so that the
respondent and primary witness avoid, to the greatest extent possible,
all contact, unless the primary witness agrees otherwise.
In the event that the Hearing Board determines that a second
violation of sexual imposition has occurred, with the same
respondent, then the recommended remedy is that the respondent: a)
be suspended immediately for a period of no less than six months; b)
successfully complete a treatment program for sexual offenders
approved by the Director of Counseling Services before returning to
campus; and (c) upon return to campus, be subject to mandatory
class and co-op scheduling so that the respondent and primary
witness avoid, to the greatest extent possible, all contact, unless the
primary witness agrees otherwise.
In the event that the Hearing Board determines that a third
violation of sexual imposition has occurred, with the same
respondent, then the respondent must be expelled immediately.
5. For Insistent and/or Persistent Sexual Harassment: In the event
that the Hearing Board determines that the violation of insistent
and/or persistent sexual harassment has occurred, as defined under
this policy, then the recommended remedy is that the respondent: a)
be suspended immediately for a period of no less than six months; b)
successfully complete a treatment program for sexual offenders
approved by the Director of Counseling Services before returning to
campus; and (c) upon return to campus, be subject to mandatory
class and co-op scheduling so that the respondent and primary
witness avoid, to the greatest extent possible, all contact, unless the
primary witness agrees otherwise.
In the event that the Hearing Board determines that a second
violation of insistent and/or persistent sexual harassment has
occurred, with the same respondent, then the respondent must be
expelled immediately.
6. For Non-Disclosure of a Known Positive HIV Status: In the event
that the Hearing Board determines that there has been non-disclosure
of a known positive HIV status, as defined under this policy, then the
recommended remedy is that the respondent be expelled
immediately.
7. For Non-Disclosure of a Known Sexually Transmitted Disease: In
the event that the Hearing Board determines that there has been non-
disclosure of a known sexually transmitted disease, as defined under
this policy, then the recommended remedy is that the respondent be
suspended immediately for a period of no less than three months.
In the event that the Hearing Board determines that there has
been a second failure to disclose oneUs known sexually transmitted
disease, as defined under this policy, then the recommended remedy
is that the respondent be suspended immediately for a period of no
less than six months.
In the event that the Hearing Board determines that there has
been a third failure to disclose one's known sexually transmitted
disease, as defined under this policy, then the recommended remedy
is that the respondent be expelled immediately.
8. In all cases, a second offense under this policy, regardless of
category, must receive a more severe consequence than did the first
offense if the second offense occurred after the Hearing BoardUs first
finding of a respondent's violation of this policy.
9. The remedy for a third offense of this policy, regardless of
category, must be expulsion, if the third offense occurred after the
Hearing Board's first or second finding of a respondent's violation of
this policy.
10. It is the responsibility of the Dean of Students to ensure that
the Hearing BoardUs remedies are carried out.
THE APPEALS PROCESS
1. In the event that the respondent or primary witness is not satisfied
with the decision of the Hearing Board, then she/he shall have the
right to appeal the Hearing Board's decision within seventy-two
hours of receiving that decision.
2. In the event of an appeal, the College shall secure the services of a
hearing review officer with experience in conducting arbitrations or
administrative agency or other informal hearings. A hearing review
officer, who is not a current member of the Antioch College
community, shall be selected by ADCIL in consultation with the
Advocate for the purpose of handling such appeals.
3. The hearing review officer shall review the record(s) and/or
written report(s) of the Hearing, any briefs or other written
materials supplied to her/him by any of the involved parties, and
meet with any of the involved parties which she/he determines
appropriate, to determine if there was fundamental fairness in the
Hearing process.
The hearing review officer's analysis shall include a determination of
whether the respondent was fully apprised of the charges against
her/him; that the appealing party had a full and fair opportunity to
tell her/his side of the story; and whether there was any malfeasance
by the Hearing Board. The hearing review officer will present
her/his finding and recommendation for action, if any, to the
President of the College.
CONFIDENTIALITY
1. All of the proceedings of the Hearing Board, and all testimony
given, shall be kept confidential.
2. For the duration of the Hearing process and any appeals
process, the primary witness, the respondent, and any witnesses
coming forward shall have the right to determine when and if their
names are publicly released. No one shall make a public release of a
name not their own while the process is underway. Any public
breach of confidentiality may constitute a violation of community
standards and be presented to the Community Standards Board for
debate.
A. The name of the primary witness shall not be considered
public knowledge until such time that the primary witness releases
her/his name publicly.
B. The name of the respondent shall not be considered public
knowledge until such time that the respondent releases her/his name
publicly, unless the respondent is found in violation of the policy, at
which time the release of the respondent's name may be included
with the release of the Hearing Board's findings. The name of the
respondent will be released with the Hearing Board's
findings if a violation is found and the remedy includes the
suspension or expulsion of the respondent.
C. The names of any witnesses who testify to the Hearing Board
shall not be released publicly until such time that each witness chooses to
release her/his own name publicly.
3. In the event of an appeal, the appealing party (or the party
considering the appeal) shall have the right to review any written
and/or audio records of the hearing. Such review shall take place on
the Antioch campus with a member of the Hearing Board present.
No materials are to be duplicated by any party; no materials are to
be removed from the Antioch campus except to be given to the
hearing review officer or to the College attorneys.
4. All members of the Hearing Board, including any note-takers,
are bound to keep the contents of the proceedings confidential.
5. All written and/or audio records of the process which are kept
by the Hearing Board are to be turned over to the College Attorneys
at the conclusion of the appeals process, and shall be stored in their
offices, to be disposed of when and as they see fit.
EDUCATIONAL AND SUPPORT IMPLEMENTATION PROCEDURES
1. A minimum of one educational workshop about sexual offenses,
consent, and the nature of sexual offenses as they pertain to this
policy will be incorporated into each quarterly orientation program
for new students. This workshop shall be conducted by the Advocate
or by a person designated by the Advocate. Attendance shall be
required of all students new to the Antioch community.
2. Workshops on sexual offense issues will also be offered during all
study quarters. The content of these workshops shall be determined
by the Advocate. Each student shall be required to attend at least one
workshop each academic year for which she/he is on campus for one
or more study quarters, effective Fall 1992. Attendance records shall
be maintained, and given to the Registrar's office. This requirement
must be completed for graduation [pending approval by the faculty].
a. It is recommended to the faculty that it develop a policy
encouraging all faculty members to attend workshops on sexual
offenses.
b. Further, it is recommended to the College and University
administration that all employees working on the Antioch College
campus be encouraged to attend workshops on sexual offenses.
3. A one-credit P.E. self-defense course with an emphasis on
womenUs self-defense will be offered each quarter. This course
should be open to all Antioch community members free of charge.
4. Permanent support groups for female and male survivors of
sexual offenses will be established and maintained through
Counseling Services and/or the Sexual Offense Prevention and
Survivors' Advocacy Program.
5. A Peer Advocacy Program will be maintained that shall consist of
both female and male community members, recruited and trained by
the Advocate. The Peer Advocates shall provide information and
emotional support for sexual offense victims/survivors and primary
witnesses. The peer advocates shall work with the Advocate in
educating the community about sexual offenses and sexual wellness.
6. A support network for students who are on Co-op will be
maintained by the Advocate and the Sexual Offense Prevention and
Survivors' Advocacy Program, with trained crisis contact people
available.
29 years ago, Antioch’s sexual consent form was mocked. Today, it’s more relevant than ever.
Follow this link to read the article.