Sexual Misconduct Policy

Hillsdale College Procedures for Addressing Sexual Misconduct

  1. I. Policy Statement

    “The College has always understood morally responsible sexual acts to be those occurring in marriage and between the sexes. This understanding has been unwavering, undergirds its policies regarding student conduct, and informs its institutional practices” (Guidelines Regarding the Mission and Moral Commitments of Hillsdale College).  In the culture at large, many now do not hold to these understandings or the practices resulting from them. Nevertheless, as partners with the College, all students, faculty, and staff grasp the fact of its commitments and become partners with the College by engaging to cooperate with its principles.

    Any sexual assault—the imposition of sexual acts upon someone unwilling at the time to participate—is not only a gross failure to govern oneself, but violates the rights and dignity of the victim, the standards of the Honor Code, and the basis of membership in the College. It is at a minimum a matter of College discipline for the assailant and may be a criminal matter punishable by law.

    Hillsdale College considers “sexual misconduct” to begin with the showing of disrespect to another person based upon sex. This necessarily includes any sexual harassment, sexual assault, stalking, relationship violence, or retaliation, as well as violation of any protective measures instituted while an investigation of a sexual misconduct complaint is ongoing.

     

  2. II. Understanding Sexual Misconduct

    Sexual misconduct includes unwelcome sexual conduct or advances, or graphic obscenity or innuendo. This conduct may be verbal or non-verbal, physical or not physical. It includes any threat implicit or explicit to the standing or participation of a student, faculty, or staff member in the College partnership or any of its activities. Members of the College community may not create an environment of hostility to another for any reason, including sex.

     

  3. III. Reporting Sexual Misconduct

    Although there is no time limit for reporting sexual misconduct, the College encourages prompt reporting. Reports may be made directly to any member of the College faculty or staff, to local law enforcement, or to both. Reports will be forwarded to a member of the College office of student affairs, listed below in section A, and the College encourages reports directly to them. Any member or guest of the College, and not only the affected individual, may make a report. The College will support the affected individual regardless of the chosen reporting option. Making a report either to the College or to law enforcement means that the report will be shared with others, as appropriate. Students should not fear that, in reporting an incident of sexual misconduct, they will be disciplined for violating other College rules such as those forbidding underage drinking. In such circumstances, the gravity of sexual misconduct outweighs such transgressions and thus they are normally overlooked. The College is not quick to punish in any case, and never without evidence amounting to proof.

    Information about sexual misconduct made at public awareness events or in online forums for sexual assault survivors will not be treated as a report, and the College will not initiate an investigation based on such disclosures.

    1. A. Reporting to the College

      To report sexual misconduct to the College, individuals may contact any one of the following individuals in the Deans’ offices. The office number for the Dean of Women is (517) 607-2333 and the office number for the Dean of Men is (517) 607-2331.

        • VP for Student Affairs
        • Dean of Women
        • Dean of Men
        • Associate Dean of Men
        • Associate Dean of Women

    2. B. Confidentially Reporting Sexual Misconduct

      Individuals who wish to report sexual misconduct confidentially, without it constituting a report to the College, may contact the counselors at the Health and Wellness Center at (517) 607-4368, or the Sexual Assault Nurse Examiner (SANE Nurse) at Hillsdale Hospital at (517) 437-4451.

    3. C. Reporting Sexual Misconduct to Law Enforcement

      Individuals may report to law enforcement directly by contacting the Hillsdale City Police Department at (517) 437-6460 or 911. Prompt reporting allows law enforcement to collect and preserve evidence. One may also seek the help of the Deans, College Security, or Health Services to assist in contacting the police. The Hillsdale City Police can explain and answer questions regarding the criminal investigation process, in addition to helping a victim file a criminal complaint. Any pending criminal investigation or criminal proceeding may have some impact on the timing of the College’s investigation, but the College will initiate its own investigation.

      At all times, it is within the College’s discretion to determine which policies apply and whether action will be taken under multiple policies.

     

  4. IV. Investigating Sexual Misconduct

    All reports of sexual misconduct will be reviewed and investigated, as appropriate. The College may refer such investigation to a neutral, third-party investigator, when circumstances warrant, as determined by the College. When the complaining person requests anonymity or that no investigation be initiated, the College will weigh the threat posed to the campus community, any aggravating factors (such as the involvement of weapons or drugs), other reports of Sexual Misconduct by the alleged respondent, and any other information relevant to the College’s duty to provide a safe environment. The College will honor such requests only when it is reasonable to do so under the circumstances. The College reserves the right to investigate, even if the complaining person does not request an investigation or seeks to remain confidential, where doing so is necessary to ensure the health and safety of the College community.

    In all cases, the College will make an initial assessment, will offer assistance to the complaining person, and will implement necessary interim measures, whether supportive (services, accommodations, and other assistance to the complaining student) or protective (addressed toward the accused, such as no contact directives, housing or schedule modifications, placing a hold on transcripts or degrees, or suspension). Following any investigation, the College will summarize its findings and determinations to each party and take appropriate disciplinary actions. The timing of the College’s investigation and determinations may be affected by criminal investigations or proceedings.

     

  5. V. Disciplinary Action

    Based on the factual findings made by the assigned investigator, if a student is found responsible for violating any of the Regulations of Proper Student Conduct, the Honor Code, and this Policy, the Deans may impose any of the disciplinary measures outlined in the Procedure for Student Discipline. The Deans may take any other actions deemed necessary to eliminate the conduct, prevent its recurrence, and remedy its effects, while also protecting the Hillsdale College community. The Deans may also take all steps necessary to mitigate the impact of the violation(s) on the complaining student. Students who face discipline for sexual misconduct may appeal as outlined in the Procedure for Student Discipline.

     

  6. VI. Retaliation Prohibited

    Hillsdale College prohibits retaliation against any person who, in good faith, reports sexual misconduct, participates in an investigation or sanction for sexual misconduct, or otherwise assists in combatting sexual misconduct on the Hillsdale College campus. Retaliation means any adverse action taken by individuals or groups against a person because he/she made a good faith report of sexual misconduct or participated in any proceeding under this Policy. Retaliation may include intimidation, threats, coercion, harassment, or any action that would discourage a reasonable person from engaging in protected activity to oppose sexual misconduct.

     

  7. VII. Privacy and Confidentiality

    Hillsdale College is committed to protecting, to the extent feasible, the privacy of all individuals who are involved in any report of sexual misconduct. Privacy means that information related to a report of prohibited conduct will be shared with a limited circle of College employees who need to know in order to assist in assessing and responding to a report.

    Confidentiality applies to those who provide medical or psychological treatment, such as physicians, nurses, psychiatrists, psychologists, professional counselors, and those who provide services under their supervision. Reports to these professionals will remain confidential, as will medical records generated by such professionals. These providers can only reveal this information if the patient provides written consent, there is a risk of imminent harm to the patient or another identified person, or upon court order or subpoena.

     

  8. VIII. Other Potentially Relevant Policies and Procedures

    For additional information regarding other policies with information related to sexual misconduct, please see the following links:

    Understanding Consent Understanding Incapacitation Frequently Asked Questions