Purpose of the Policy
Sarah Lawrence College is an intellectual community founded on mutual respect and is committed to providing a living, learning, and working environment that is free from sexual violence in any form. The College, pursuant to the terms of this Policy on Sexual Violence (the “Policy”) prohibits offenses of sexual violence (referenced in this Policy as “sexual violence”), which include sexual harassment, sexual assault, domestic violence, dating violence, stalking, and sexual exploitation.
Jurisdiction of the Policy
For every report received by the College, the Title IX Office will review the circumstances of the reported conduct to determine whether the College has jurisdiction over the parties involved, and take steps reasonably within its control, and appropriate to the circumstances, with the aim of addressing reported concerns and preventing harm to those in the community.
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To Whom the Policy Applies
This Policy applies to the following individuals:
- All current and incoming students and student employees, both undergraduate and graduate, enrolled at Sarah Lawrence College,
- All Sarah Lawrence College employees (faculty and staff), and
- All third parties serving the campus or involved with College-related activities, such as employees of contractors or vendors.
The College retains the authority to exercise jurisdiction regardless of where the incident(s) that are reported, or of which it becomes aware, may have occurred (i.e., whether on campus or off campus) , and to determine the appropriate policy provisions and procedures to be applied in responding to such reports. If the College has jurisdiction over the involved parties, Sarah Lawrence College also may investigate any reported violations of this Policy that occur in the context of a College program or activity that affects the College’s working or learning environment.
Third-party reports of sexual violence may also be made by any individual affiliated with the College and any nonaffiliated individual. Such reports must still be applicable to the populations listed above.
Geographic Scope of the Policy
The Title IX Office is required to be consistent with federal regulations that impose limits on the situations and the geographic settings that fall within the scope of the College’s Title IX compliance obligations. However, under New York law and under College policies other than this Policy, other occurrences beyond the scope of Title IX jurisdiction may still be investigated and disciplined, where appropriate. Allegations in a Title IX Formal Complaint related to behavior that occurs outside of the education program or activity or outside the US, or behavior that would not meet the definition of Title IX sexual harassment as defined by federal regulation, must be dismissed as required by federal regulations currently in effect. Both the complainant and respondent may appeal the dismissal of any allegations under Title IX. However, in keeping with the College’s educational mission and commitment to fostering a learning, living, and working environment free from discrimination, harassment, and retaliation, the College may still move forward with a resolution option (administrative assistance, mediation, or the Formal Complaint Process, as discussed below) employed under conduct policies other than the College’s Policy Against Sexual Violence. In such circumstances, the College will use the same resolution process for all forms of prohibited behavior under the College’s Policy Against Sexual Violence. Therefore, all allegations of conduct that would otherwise constitute a violation of this Policy, irrespective of the site of the alleged misconduct or the presence or absence of any connection with an education program or activity, will be handled by the Title IX Office and follow the same procedures.
The College will offer supportive measures, including counseling services and educational accommodations, to any students in need of such services, whether an incident is subject to review under this Policy or any other. Additionally, regardless of the jurisdiction of the incident, students may seek support through law enforcement resources, community resources, or other agencies outside the College.
For more information regarding resources for all persons, including those injured by the acts or conduct of non-College-affiliated individuals, please see “Resources for Students Who Experience Sexual Violence”. For additional information about available resources on sexual violence, see www.sarahlawrence.edu/svps and www.my.slc.edu/safe.
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Applicable Procedures Under This Policy
For violations allegedly committed by students or by College faculty, staff, or third-party employees impacting students:
- The disciplinary process and applicable procedures for investigating and/or adjudicating alleged violations of this Policy under the above circumstances can be found in the Student Handbook by visiting: Procedures for Complaints Against Students Regarding Sexual Violence > Options for Reporting Individuals > Formal Complaint Process. Please refer to Procedures for Complaints Against Students Regarding Sexual Violence.
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Campus Disciplinary Process vs. Legal Proceedings
Acts of sexual violence within the scope of this Policy also are prohibited under various New York State and federal laws, including in certain circumstances applicable criminal laws. Incidents of sexual violence therefore may give rise not only to an investigation or determination under this College Policy, but to claims in civil litigation and to criminal charges prosecuted in the criminal justice system. The internal Sarah Lawrence processes differ from civil or criminal matters, and the legal definitions used in criminal or civil litigation may vary from definitions used by the Sarah Lawrence community as outlined in this Policy. In connection with matters reported or proceeding under this Policy, the definitions as outlined in this Policy will govern, and the College in its sole discretion will determine any and all jurisdictional questions arising under this Policy.
Pursuing campus resolution under this Policy does not preclude an individual from contacting law enforcement immediately, from seeking the assistance of law enforcement authorities in the future, from pursuing a criminal charge, or from pursuing a claim in civil court. Similarly, the pursuit of legal action and/or reporting the conduct to law enforcement does not preclude pursuit of campus resolution under this Policy and the Policy’s corresponding conduct process.
Additionally, the standards for finding a violation under applicable criminal law are different from the standards for finding a violation of this Policy. Therefore, criminal investigations or reports, or law enforcement officials or by the District Attorney with respect to bringing a criminal case, are not determinative of whether a Policy violation involving sexual violence can be found to have occurred under the College’s Policy. The College’s conduct process may run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external law enforcement officials who may, for example, be gathering evidence, or temporary delays otherwise deemed appropriate in the discretion of the College. Temporary delays generally should not last more than 10 days, except when law enforcement officials specifically request and justify a longer delay, or the College believes a longer delay period is warranted.
Please see the Appendix for a list of relevant local, state, and federal laws that may relate to an incident of sexual violence.