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The procedures outlined below are designed, however, to assure fundamental fairness and to protect individuals from arbitrary or capricious disciplinary action.

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Since Middlebury lacks full judicial authority, such as the power to subpoena or place witnesses under oath, an individual’s rights cannot be coextensive with or identical to the rights afforded in a civil or criminal legal proceeding.

The policies, procedures and information outlined herein supersede Middlebury's Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking dated January 3, 2018 and all previous Middlebury policies, procedures and information on the same topics. Middlebury’s process to address cases of alleged sexual misconduct, domestic and dating violence or misconduct, stalking and related retaliation is designed to: The parties will be provided procedural rights as outlined in this policy.

Middlebury seeks to prevent all forms of sexual misconduct, and desires to establish and maintain a safe and healthy environment for all members of the community through sexual misconduct prevention, education, support, and a fair adjudication process.

Use of alcohol or other drugs does not minimize or excuse a person’s responsibility for conduct that violates this policy.

This policy further expands the list of prohibited behaviors beyond Clery requirements to include the categories of Sexual Exploitation, and Domestic and Dating Misconduct.

In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, Middlebury includes the definitions of sexual assault, the definition of consent in reference to sexual activity, and the definitions of domestic violence, dating violence and stalking that are used by the criminal laws in applicable jurisdictions.

Sexual misconduct (including sexual assault), domestic and dating violence and misconduct, stalking, and related retaliation, as defined by this policy (henceforth referred to as the "SMDVS Policy"), are strictly prohibited.

Middlebury Faculty and Staff as Advisors Appendix A: Applicable Definitions: State and Federal Law Appendix B: Contact Information Appendix C: Resources Appendix D: Title IX Coordinator Appendix E: Campus Security Authorities Appendix F: Sanction Information (Students, Faculty, Staff)End Notes Middlebury College (“Middlebury”) is committed to providing a campus and workplace environment that is safe and secure for all students, staff, faculty and others who participate in Middlebury’s programs.

The definitions outlined immediately below apply as a matter of Middlebury policy in all locations where Middlebury operates its programs.

Sexual misconduct violates the rights of others, and demonstrates flagrant disregard for the principles of this community.

If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented fundamental fairness.

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