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6.0.0 College Policies, Regulations, & Practices

Student Life Office

Paul C. Perrine, Dean of Students, Ext. 3800
Judy Huber, Administrative Assistant, Ext. 3800
Dodge House
http://www.warren-wilson.edu/~studentlife/

6.1.0 Statement of Community Responsibility

As our mission statement describes, Warren Wilson College is a community. In practical terms, “community" means that we depend on everyone’s consistent use of good judgment and concern for the rights of others. Community requires us to act with honesty, civility, empathy and integrity. Some actions infringe on the rights of others or directly undermine the kind of community WWC strives to be and those behaviors are prohibited by our college policies. All members of our community are also expected to follow local, state and federal laws.

Community demands that we each take responsibility for our own behavior and the behavior of those around us. If someone does something that you believe is wrong or inappropriate, we suggest that you talk to him or her about it if possible. Explain how such behavior affects you and others and suggest alternatives. If that is not effective and/or the behavior creates a dangerous, threatening or uncomfortable environment for you, the student involved or others, then report the behavior to a staff member such as an RA, RD, or AC, a staff member, the Dean of Students, or a Public Safety officer so that an intervention can take place.

6.2.0 Reporting and Resolution of Policy Violations

Any member of the community, guest or visitor may file an incident report regarding an alleged violation of college policy by a student, though most are filed by a member of the residence life staff or public safety. The incident report is referred to the Student Life Office. A student life staff member will then contact the accused student using the campus phone number, campus mail box and/or an email to a Warren Wilson address to request that the student set an appointment to meet with the appropriate staff member. The student is expected to respond in a timely manner. All students are required to check those sources for official communication from the college. If the student does not respond within two working days, the work crew supervisor will be contacted to request that the student be in touch to set up an appointment. If there is no response to this request within two working days, the Student Life staff member will decide the situation based on the information presented in the incident report and assign a sanction which will be communicated to the student in a letter placed in the campus mailbox. The lack of response will also be considered in applying the sanction.

When the student meets with the Student Life staff member they will review the incident report and the student will have an opportunity to share his/her perspective of the events. If the student takes responsibility for a policy violation and/or agrees with the accuracy of the incident report, in most cases the staff member will assign a sanction to the student according to the guidelines outlined later in this chapter. If, however, in the judgment of the staff member the complaint is unfounded there will be no further action. If the student disputes the facts contained in the incident report or there are other extenuating circumstances, the staff member may choose to refer the situation to the college conduct board for determination. In some cases the staff member may give the student a choice about whether to have the situation addressed administratively or by the conduct board but the determination about referral to the board will ultimately be made by the staff member.

All conduct actions will be outlined in a letter to the student which will be delivered to the student email account and/or in campus mailbox. Typically a copy of the letter is also sent to the student’s academic advisor if the student is a first year student. The work program office will be notified of the letter when a student’s work status is affected, such as in the case of a sanction including a probationary status. A copy of the letter maybe routinely sent to parents/guardians when the student is a financial dependent and/or under the age of 21, and the infraction includes a violation of the alcohol or controlled substance policy carrying a sanction of at least a probationary status. In other cases where a student’s enrollment or housing status may be affected by an additional violation or the Dean of Students deems that there are extenuating circumstances, parents/guardians may also be notified.

Administrative decisions by most members of the Student Life staff may be appealed to the person’s direct supervisor. Decisions of the Dean of Students are final.

The College reserves the right, in its sole discretion, to take immediate conduct action prior to a hearing, when it is believed there is a threat of personal injury or property damage.

6.3.0 The Student Code of Conduct

The Student Code of Conduct and the student conduct process apply to the conduct of individual students and college-affiliated student organizations. Because the Student Code of Conduct is based on shared values, it sets a range of expectations for the Warren Wilson College student no matter where or when their conduct may take place.

Therefore, the Student Code of Conduct will apply to behaviors that take place on the campus, off campus at college-sponsored events, and may also apply generally off-campus, when the administration determines that the off-campus conduct affects a substantial college interest. A substantial college interest is defined to include:

Any action that constitutes a criminal offense as defined by North Carolina law. This includes violations of any local, state or federal law committed in the county where the college is located.
Any situation where it appears that the student may present a danger or threat to the health or safety of him/herself or others.
Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
Any situation that is detrimental to the educational interests of the college.

The Student Code of Conduct may be applied to conduct that takes place during the time a person is enrolled as a student, including during intra-semester breaks and between semesters. Further, the Student Code of Conduct applies to guests of community members, whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of Warren Wilson College are also protected by the Student Code of Conduct, and may initiate grievances for violations of the Student Code of Conduct committed by members of the Warren Wilson College community against them.

There is no time limit on reporting of violations of the Student Code of Conduct, as long as the offending student is still enrolled at Warren Wilson College. However, the longer someone waits to report an offense, the harder it becomes for Warren Wilson College to obtain information and witness statements, and to make a determination regarding alleged violations. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Student Life Office and/or Public Safety.

6.3.1 Violations of Law

Violations of federal, state and local laws are incorporated as offenses under the Student Code of Conduct. When an offense occurs over which the college has jurisdiction, the college conduct process will usually go forward notwithstanding any criminal complaints that may arise from the same incident. Should a student withdraw from the college when criminal complaints are made, it is the typical practice of the college to pursue investigation and resolution of campus conduct matters, should the student return at a later date.

When a student is accused, arrested, or indicted for a violent or drug-related off-campus crime, the college may elect to take action against that student for violation of the code of conduct, which incorporates violation of local, state and federal laws as code infractions.

When it has reasonable cause to separate a student from the community, the college may suspend a student for a reasonable time pending the scheduling of a campus hearing for a violation of the code of conduct. The College reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaints. The College will permit a student who receives an interim suspension to request a meeting with the Dean of Students to show cause for why an interim suspension is not merited. Regardless of the outcome of this meeting, the college may still proceed with the scheduling of a campus hearing.

When criminal complaints are pending, the college may be delayed or prevented from conducting its own investigation, and moving forward with a campus hearing.

In such cases, the college will delay its hearing until such time as it can conduct an internal investigation, or obtain from law enforcement sufficient information upon which to proceed.

6.3.2 Special Provisions

Attempted violations: In most circumstances, Warren Wilson College will treat attempts to commit any of the violations listed in the Student Code of Conduct as if those attempts had been completed.
College as Complainant: As necessary, and when the appropriate evidence is available, Warren Wilson College reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
False Reports: Warren Wilson College will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
Immunity for Victims: The Warren Wilson College community encourages the reporting of conduct code violations and crimes. Sometimes, victims are hesitant to report to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to college officials. To encourage reporting, Warren Wilson College pursues a policy of offering victims of crimes amnesty from policy violations related to the incident.
Good Samaritan: The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. Warren Wilson College encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to Public Safety). Warren Wilson College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the college will provide educational options, rather than mere punitive actions, to those who offer their assistance to others in need.
Notification of Outcomes: The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under a federal law, FERPA. However, Warren Wilson College observes the legal exceptions as follows:
- Complainants in non-consensual sexual contact/intercourse incidents have an absolute right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation.
- Complainants in sexual exploitation/sexual harassment of general harassment complaints have a right to be informed of information regarding sanctions that personally identifies and is directly pertinent to them, such as the imposition of a restriction on physical contact between the complainant and the accused student. Otherwise, information on the outcome and sanction cannot be shared.
- Students who bring any sort of sexual misconduct complaint against faculty or staff may be informed of the outcome and sanction, because FERPA does not apply.
Misconduct Online: Students are cautioned that behavior conducted online, such as email harassment, can subject them to college conduct action. Students must also be aware that blogs, web pages, Facebook entries and similar online postings are in the public sphere, and are not private. These postings can subject a student to allegations of conduct violations, if evidence of policy violations is posted online. The college does not regularly go hunting for this information, but will take action if and when such information is brought to the attention of college officials.

6.3.3 Conduct Board

The purpose of the Conduct Board is to enforce, protect, and preserve (within the limits of its jurisdiction) the rights and responsibilities of all Warren Wilson students or anyone against whom a policy is violated on Warren Wilson College property. Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct proceedings are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Fair process, within these procedures, assures written notice and a hearing before an objective decision-maker, as described within these procedures.

The Conduct Board is composed of eight students (elected by the student body for two year terms) and two members of the faculty and staff appointed by the Dean of Students. Four students and a staff or faculty person are needed for a quorum. A Board member who cannot hear the complaint in an objective and impartial manner must excuse herself/himself. The students involved will also have an opportunity to review the Board membership and ask that up to two members of the Board not hear the complaint if there is a perception that they cannot hear the complaint in an unbiased way. Whether any members will be unseated is at the sole discretion of the Dean of Students of Student Life, the Board’s advisor.

To learn more about the student grievance policy and procedures with regard to sexual misconduct, interpersonal and gender violence, visit the section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy.

6.3.4 Proceedings

The Dean of Students of Student Life will serve as the advisor to the Board and will be responsible for communication with the student(s). The student(s) will receive a written notice outlining the time, date and location of the hearing as far in advance as possible, but at least 24 hours before the hearing. With the notice of the hearing the student will also receive a written copy of the incident report which will be presented to the Board, a list of all policies alleged to have been violated, and the possible sanctions that may result. Incident reports referred to the Board are typically submitted by public safety or a residence life staff member, but are sometimes submitted by another student. In those cases the person filing the report will be referred to as the complainant. Only in cases where there is a student complainant does the role of the person filing the report extend beyond the initial conversation with the Board as reflected in the proceedings described below.

The hearing is closed to all but those directly involved, but each party (the accused student and the complainant) is free to bring a member of our community, (faculty, staff, volunteer or student), with them to serve as an advisor. The advisor may speak with the student during the hearing, but may not address the Board directly or participate in the hearing in any other way. Legal counsel is not permitted to attend a hearing. The Dean of Students will serve as the procedural advisor to the Board during the hearing and the hearing will be chaired by a student member of the Board selected by the Board before the hearing.
The process for the hearing will follow this order. The accused student will meet with the board and have a chance to respond to the incident report. The Board will ask questions of the student to clarify issues. The Board will then interview the person who filed the report if appropriate. If either party has witnesses to present they will then speak with the Board. If either party wishes to present any witnesses at the hearing, the Dean of Students must be notified of the name(s) and the aspect of the complaint that they will be addressing. This notification must take place no later than noon on the day of the hearing. Witnesses must be able to give relevant information about the incident. Witnesses addressing issues of character will be permitted to submit written statements to the Board, but are not permitted to be present during the hearing.
Witnesses will appear individually before the board and will be present only during their own testimony. Whenever possible the accused and the complainant will be present for the witness testimony and will have an opportunity to ask questions through the Board’s advisor. However when the presence of the accused significantly compromises the ability of the witness to testify through the reality or perception of intimidation, both the accused and the complainant will be excused before the witness testimony. In this case, the accused and the complainant will be invited back to the room following the witness testimony and the Board advisor will give a summary of the information provided by witnesses. Each will then have an opportunity to respond. The Dean of Students will rule on all procedural matters that arise.
After the summary statements, the students and their advisors will be asked to leave and the Board will deliberate and come to a decision about whether or not they find the student(s) responsible for the alleged violation complaint. The Dean of Students does not participate in the deliberation unless a question or procedural point arises. The Board will decide whether it is more likely than not that the student violated the policy. While the Board will strive for consensus, decisions may be determined by majority vote. If the Board deliberation results in a finding of responsibility, they will then decide on a sanction using the guidelines outlined in this chapter of the Student Handbook. The Dean of Students may be asked to consult with the Board during the sanction portion of the deliberations. The Board may then have access to records of previous hearings and the student’s conduct history to aid in their discussion of appropriate sanctions. A sanction of suspension or expulsion will be made in the form of a recommendation to the Dean of Students who will review the recommendation and be responsible for implementation.
When the Board has reached a decision, the accused student will be asked to return to the hearing room. At that time the Board will share their decision with the student and answer any questions related to the decision. If appropriate, the complainant will then be informed of the outcome and sanction. The accused student will then receive a letter from the Dean of Students outlining the decision and sanctions when appropriate.
The Dean of Students may take action if the Board is unable to meet or reach a decision within ten days after issuing a conduct complaint. Written notes or tapes from the hearing are filed in the Student Life office.
Conduct Board members will maintain strict confidentiality regarding any information revealed in the course of the proceedings, including deliberations.

6.3.5 Appeals

Accused students or complainants may appeal a decision of the Conduct Board to the Dean of Students with a letter presented within two working days of the Board’s decision. This letter must detail the reason for the appeal.

The following reasons will be considered valid grounds for appeal:

New outcome determinative information that was not available at the time of the original hearing has now become accessible.
A significant deviation from the stated procedures occurred during the conduct process.
The sanction is grossly disproportionate to the policy violation according to the sanctions outlined in this handbook.
The finding seems inconsistent with the substantial weight of the evidence presented.

The Dean of Students may uphold the decision, modify the sanction, or refer the case back to the Board or on to the Executive Appeals Board. This Executive Appeals Board is made up of the Deans and Vice Presidents and 2 Caucus officers.

This Appeals Board may uphold or overturn a decision, change or modify a sanction, or refer a complaint back to the Conduct Board. The Appeals Board may confirm a decision without a hearing if the reasons for the appeal are not stated or not adequate to warrant review.

A student may appeal a decision of the Executive Appeals Board with a letter presented to the President of the College within two working days of the decision. Generally, the President considers only decisions to suspend or expel. The President can confirm a decision of the Executive Appeals Board without a hearing if the reasons for the appeal are not stated or are not adequate to warrant review. Decisions of the President are final.

6.3.6 Policies Regarding Student Conduct

This section outlines those actions that are considered contrary to acceptable conduct within our community. Each policy is described and where there is a typical sanction for a violation of the policy those are outlined as well. The college reserves the right to broaden or lessen any range of recommended sanctions in the case of mitigating or aggravating circumstances.

6.4.0 Student Grievance Policy and Procedures

Warren Wilson College is committed to maintaining a positive learning environment promoting student academic excellence and personal development. Various departments on campus have procedures allowing a student to work through disagreements on decisions made by members of a specific office that directly impact the student. The student should first seek an informal solution directly from the office or staff member in question.

If after informally seeking a solution to a problem, the student wishes to formally appeal a specific administrative or faculty decision he/she should contact the appropriate chief administrator responsible for that area and submit a typed and signed letter detailing the specific concern or grievance using the following directory:

To request an exception to an academic regulation, procedure, or deadline, please complete the Student Petition for Exception form available at the Office of the Registrar, Laursen Building, ext. 2086.

If a student believes that a grade has been reported incorrectly, the student should first consult the instructor to correct a possible error. In exceptional cases, the student may contest a grade record through a written appeal to the Vice President for Academic Affairs, Laursen, ext. 2083, whose decision in the matter will be final. Copies of all relevant information must accompany this written grade appeal: papers, tests, syllabi, etc. The deadline for contesting a grade is the end of the second week of the following term. In the case of a spring semester or term four course, the deadline for contesting a grade is the end of the second week of term one of the following year.

Students with a concern or complaint about their academic advisement, registration, or other academic issues, including an action based upon academic policy, procedures, or deadlines, should contact the Vice President for Academic Affairs, Laursen, ext. 2083. All other matters, except where specifically listed, refer to the Dean of Students.

Students with a general complaint pertaining to student policies, procedures, or student life personnel should provide a written statement outlining the nature of the complaint to the Dean of Students, Dodge House, ext. 3800.

Students who experience any form of sexual, racial, disability, or other harassment by their current or past work supervisor must report such incidents to the Dean of Work, Log Cabin, ext 3019. For any incident involving an employee of the College, the Dean of Work will refer such incidents to the College’s Director of Human Resources for appropriate action under the College’s anti harassment policy and procedures for employees. Student complaints concerning sexual, racial, disability, and other harassment by an employee should be filed with the Director of Human Resources, Ogg, ext. 2048. When the complaint of harassment is by one student against another student the complaint should be filed with the Dean of Students, Dodge House, ext. 3800. Students with concerns or complaints pertaining to Admissions should contact the Dean of Admission, Orr Cottage, ext, 2073.

Students with concerns or complaints pertaining to Financial Aid or any other area reporting to the VP for Business and Finance should contact the Vice President for Business and Finance, Ogg, ext. 2056.

Students with concerns or complaints about any of the chief administrators should contact the President, Ogg, ext. 2070.

In every instance the appropriate individual will investigate the complaint, seek an equitable solution, and report back to the student in a timely manner. Letters of complaint will be kept for a period of ten years in the Chief Administrators’ offices and be available to accrediting agencies.

6.5.0 Campus-wide Policies and Practices

(in alphabetical order)

6.5.1 Alcohol Possession and Use

Consumption and possession of alcohol by students under the age of 21 is not permitted.

Consumption and the possession of open containers of alcohol are not permitted in public areas except in cases where an authorized event allows it. Public areas where alcohol is not permitted include athletic events, outdoor spaces such as fields and the pond, residence hall patios, hallways, porches and courtyards. Common source containers of alcohol (kegs, beer balls, etc.) empty or full are permitted on campus only when approved by a college official through the event registration process and they are never permitted in residence halls, even if empty.

Students who choose to use alcohol are responsible for their own behavior and any use of alcohol that is associated with behavior that is disruptive to the community will be considered a more serious violation of the alcohol policy. Disruption includes requiring assistance from others due to excessive intoxication or behavior which is disruptive to the peace through noise or other nuisance behavior. Any behavior connected with the use of alcohol which compromises the safety of self or others through violence, harassment or the use of a vehicle under the influence will be seen as the most serious alcohol policy violation. The sale of alcohol to others without a license is prohibited. Students may not give or sell alcohol to someone who is already intoxicated or who is under 21.

6.5.1-1 Typical Sanctions for Alcohol Violations

All sanctions listed under specific levels are considered typical, but the staff members assigning sanctions may use their discretion to select an appropriate combination of sanctions depending on individual circumstances.

Level 1: 1st underage alcohol possession or consumption, possession of alcohol in a public place
Sanction: Written Warning and review of policy
Alcohol intervention
Campus Engagement
Failure to complete sanctions = $50 fine and conduct probation until completion of sanctions

Level 2: 2nd underage or public possession violation or 1st alcohol violation associated with disruptive behavior, distribution of alcohol to underage or intoxicated individuals
Sanction: Campus engagement if not previously done
Alcohol intervention
Conduct or housing probation (includes a letter home for dependent/underage students)
Failure to complete sanctions = $75 fine, possible suspension; conduct probation until completion of sanctions.

Level 3: 3rd underage or public possession alcohol violation or 2nd alcohol with disruptive behavior or distribution of alcohol to underage or intoxicated individuals or 1st instance of driving on campus under the influence of alcohol
Sanction: Extended conduct probation (includes letter home for dependent/underage students)
Mandatory off campus assessment (student is responsible for transportation to and payment for services)
Possible restrictions on housing and campus access or activities
Failure to complete sanctions = $100, possible suspension; conduct probation until completion of sanctions

Level 4: 4th underage or public possession alcohol violation, 3rd alcohol with disruptive behavior violation or 2nd driving under the influence
Sanction: Loss of housing or suspension (includes letter home), mandatory off-campus assessment and treatment in order to make an application for readmission or return to college housing, restricted access to campus

After one full semester without an additional violation, one level may be dropped in considering future sanctions.

6.5.1-2 Campus Regulations and Practices Related to Alcohol

Alcohol is not permitted at official work crew functions. College funds may never be used to purchase alcohol for student events.

All on campus events or socials where students and alcohol will be present need to be registered and an event contract must be filed. This includes any event in a public area including common spaces in a residence hall and also any gathering in a residence hall where there are more than 16 people in an 8 person suite, more than 12 people in a 4 or 6 person apartment, more than 8 people in a double room or more than 4 people in a single room. For all events in public areas, including common spaces in residence halls, the students planning the event will work with and submit the event contract to the Director of Student Activities. For private socials in suites or rooms within a residence hall when alcohol will be present, the students will submit the contract to and work with the Area Coordinator, Director of Residence Life and the Dean of Students.

Anyone under the legal age of 21 may not brew or attempt to brew, or possess brewing equipment with the intent of brewing, alcoholic beverages.

6.5.1-3 North Carolina State Law Regarding Alcohol

For complete information regarding North Carolina state laws governing alcohol, consult North Carolina General Statutes, Chapter 18B. Some highlights are excerpted below:

It is illegal for anyone less than 21 years of age to:

Possess alcohol
Penalty - a misdemeanor that will become a matter of public record as a criminal conviction and subject one to court costs and/or fines and/or community service.

Purchase or attempt to purchase alcohol
Penalty - a misdemeanor resulting in court costs and/or a fine and/or community service and, upon conviction, the Department of Motor Vehicles (DMV) will revoke the defendant’s drivers license for one (1) year.

Use or attempt to use, in order to obtain alcohol beverages when not of lawful age, a fraudulent or altered driver’s license; or a fraudulent or altered identification document other than a driver’s license; or a driver’s license issued to a another person; or an identification document other than a driver’s license issued to another person.
Penalty- a misdemeanor resulting in court costs and/or fine and the DMV will revoke the defendant’s driver’s license for one (1) year.

It is illegal for anyone (regardless of age) to:

Aid and abet an underage person in the sale, purchase, and/or possession of alcohol (including B giving alcohol)
Penalty - This offense will be a misdemeanor punishable by a fine of up to $500 or imprisonment for not more than six (6) months or both, and if the defendant is underage, upon conviction, the DMV will revoke the defendant’s driver’s license for one (1) year. Sale of Alcohol means any transfer, trade, exchange or barter, in any manner or by any means for consideration of alcohol (e.g., cover complaints, t-shirt sales), etc.

6.5.2 Amplified and/or Loud Music and Drumming

In recognition of how sound travels and in respect to our community, loud and/or amplified music and drumming are not permitted in residence halls, and permitted only in residential areas during daylight hours and with special permission at college sponsored events with and event contract.

Drumming and music are permitted until 9:00 pm at the chapel, soccer fields, outside Gladfelter, the garden and pond. They are also permitted on Dogwood (but not on the path by the staff houses or on the cement pad), at Bryson when the door is closed, in Gladfelter after 7 p.m. when other events are not scheduled in the building, and in classroom buildings after 5 p.m. with the permission of the building manager. Exceptions to the policy may be made for College sponsored events with permission from the Director of Student Activities.

6.5.3 Consensual Relations Policy

The well-being of the teaching and learning community at Warren Wilson College depends upon the existence of trust, respect, and fairness among its members. Amorous consensual relations between (1) either an employee, volunteer, or contracting party, and (2) any current undergraduate student can undermine the educational mission of the College by increasing the risk of sexual harassment, exploitation, predatory behavior, favoritism, bias, conflicts of interest, disempowerment, and low morale. The following policy is intended to help protect the academic and institutional integrity of the College and its constituents—especially its students—by reducing the potential for the problems listed above either from occurring or from being perceived to be occurring. It is not intended to discourage interaction between and among members of the community when it is appropriate and ethical.

Amorous Consensual Relationships between (1) either an employee (faculty and staff), volunteer, or contracted party and (2) any current undergraduate student is prohibited by the College. An “amorous consensual relationship” is a romantic or physically intimate relationship. Suspected violations of this policy should be reported to the Human Resources Director, or to a member of the President’s Advisory Council who can report the violation to the Human Resources Director. Faculty and staff are advised to report violations of this policy. Supervisors of faculty and staff who are aware of violations of this policy by individuals they supervise are obligated to report the violation, or the supervisor may be subject to disciplinary action for failing to do so.

This policy applies to Resident Directors (RDs) who are not students. However, the following variation of this policy applies to Resident Directors who are students: each student RD is prohibited from having amorous consensual relationships with Resident Assistants he/she supervises and with students living in his/her residence hall. This policy does not apply to relationships between Resident Directors (RDs and their spouses or qualified domestic partners.)

Undergraduate students who are qualified domestic partners or spouses of current faculty, staff, or volunteers are exempt from this policy providing the relationship is solely with the qualified domestic partner or spouse.

This statement on Amorous Consensual Relationships does not, in any way, detract from, alter, or amend section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy., which continues in full force and effect.

6.5.3-1 Procedures for Handling Complaints of Violations of the Consensual Relations Policy

Any member of the College community may bring a complaint that this policy has been violated.
Prompt reporting of complaints is strongly encouraged because it may be difficult to substantiate the allegations made in a complaint brought after significant time has passed.
Reporting of violation must include specific and credible allegations.

The Human Resources Director, in conjunction with the Dean of Students, will contact the student and the accused regarding the allegation. The parties will be advised that a consensual relationship between (1) either an employee (faculty and staff), volunteer, or contracted party and (2) any current undergraduate student is a violation of college policy. Then the parties will be informed that a complaint has been made against them. Both the student and the accused will be given the opportunity to respond. (The student and the accused do not have to be addressed at the same time.) If both the student and the accused deny the allegation, the investigation will cease unless additional credible information is brought forth.

However if the Dean of Students and Human Resources Director find through their investigation that the policy has been violated, the appropriate Administrative Officer and the President will be notified. Together they (President, Administrative Officer, Dean of Students and Human Resources Director) will resolve the situation to the best of their abilities, such that the employee discontinues the relationship immediately or such that the employee (faculty and staff, or volunteer) leaves the College or such that the contracted party discontinues work for the College. When appropriate, allegations will be handled according to the College’s Sexual Harassment Policy and/or the Grievance Procedure. A letter documenting the allegations and the conversation will be written by the Human Resources Director and placed in the appropriate personnel file(s).

All parties involved in the case are to cooperate fully with any investigation and to maintain the strictest confidence throughout the administrative process. A breach of confidentiality or a failure to cooperate in any investigation shall be grounds for disciplinary action.

The college will seek to maintain confidentiality in carrying out the terms of this policy. In addition, the college condemns retaliation against any person who, acting in good faith, makes a complaint under this policy. Members of the College community who make false and malicious complaints under this policy, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

6.5.4 Controlled Substances (Drugs)

In accordance with North Carolina laws, the college prohibits the possession, use, manufacture, sale or delivery of controlled substances on campus. Controlled substances include all of those listed on Schedules I through V of the Federal Controlled Substances Act. Examples of controlled substances include, but are not limited to, marijuana, hallucinogens, opiates, barbiturates and amphetamines. This also includes prescription medication being used in a manner not consistent with the prescription or by someone other than the person for whom the prescription was written.

Possession of drug paraphernalia is also prohibited on campus. This includes any item typically used to facilitate the use of a controlled substance.

The sale or delivery of a controlled substance is considered a serious drug policy violation. Sale is defined as the exchange of a controlled substance for money, services or other item of value. Delivery is defined as obtaining a controlled substance in one location, either on or off campus, and delivering it to a person(s) in another location.

6.5.4-1 Typical Sanctions for Marijuana Violations

All sanctions listed under specific levels are considered typical, but the staff member assigning sanctions may use their discretion to select an appropriate combination of sanctions depending on individual circumstances.

Level 1: 1st use or possession of marijuana or related paraphernalia
Sanction: Warning and review of the policy
Mandatory on campus drug intervention
Campus Engagement
Failure to complete sanctions = $50 fine, possible suspension; conduct probation until completion of sanctions

Level 2: 2nd use or possession of marijuana or related paraphernalia or use and/or possession associated with disruptive behavior
Sanction: Conduct probation (includes letter home for dependent students) Campus engagement if not previously done
Mandatory off campus assessment (student is responsible for transportation to and payment for services)
Possible restrictions on housing and campus access or activities Failure to complete sanctions = $75, possible suspension; conduct probation until completion of sanctions

Level 3: 3rd use or possession of marijuana or related paraphernalia or 2nd associated with disruptive behavior
Sanction: Suspension (includes letter home)
Mandatory off campus treatment to return
Restricted access to campus

Level 4: Manufacture, sale or delivery of marijuana
Sanction: Loss of college housing, suspension or expulsion

6.5.4-2 Campus Practices Related to Controlled Substances

Warren Wilson cannot legally be a sanctuary from law enforcement agencies, arrests or searches under search warrants. In instances of investigations of delivery and/or sale of controlled substances, members of the college community will be asked to cooperate. Warren Wilson college officials reserve the right to contact and receive assistance from law enforcement authorities in instances where controlled substances are involved.

6.5.4-3 North Carolina State Law Regarding Controlled Substances

North Carolina state law prohibits the manufacture, sale, delivery, possession, or use of a controlled substance without legal authorization. A controlled substance includes any drug, substance or immediate precursor covered under the North

Carolina Controlled Substances Act, including but not limited to opiates, barbiturates, amphetamines, marijuana, and hallucinogens. The possession of drug paraphernalia is also prohibited under North Carolina state law and College policy.

Drug paraphernalia includes all equipment, products and material of any kind that are used to facilitate, or intended or designed to facilitate, violations of the North Carolina Controlled Substances Act.

6.5.4-4 Drug Convictions and Federal Student Aid

A person who has been convicted (as an adult) for possession of illegal drugs is ineligible for federal aid for one year for a first offense, two years for a second offense, and indefinitely for a third offense. A person who has been convicted for the sale of illegal drugs is ineligible for federal aid for two years for a first offense and indefinitely for a second offense.

To regain eligibility you must complete a drug rehabilitation program that meets the standards set by Congress and the Department of Education. For more information, call 1-800-FED-AID.

Statistics
Campus statistical reporting, based on the Clery Act, on Criminal Offenses, Hate Crimes, Arrests, Disciplinary Actions, and Fire Statistics can be found in the RISE Project website, http://www.warren-wilson.edu/~rise/Clery_Report.php .

6.5.5 Courses with Relatives

Teaching a relative or enrolling in a course taught by a relative is allowed under certain conditions and must always be preceded by a conference with the Vice President for Academic Affairs. In consultation with the instructor and the academic department chair, special arrangements must be made for evaluating and grading the student’s work in the course, including arranging for a second reader for papers and essay tests, excluding from the calculation of the course grade subjective measures such as “class contribution,” and, as appropriate, providing for alternative means for the student to demonstrate knowledge that might otherwise be graded as “class contribution.” These special course arrangements must be approved by the Vice President for Academic Affairs.

For the purpose of this policy, “relative” will mean a parent, foster parent, parent-in-law, child, spouse or same sex domestic partner, brother, foster brother, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or any family member living in the same household or considered an IRS dependent.

6.5.6 Damage to or Destruction of Property

In a community it is important to respect the property in common areas and the belongings of others. Damaging, defacing, abusing or destroying the property of another, including the college, is strictly prohibited. This includes graffiti.

6.5.6-1 Typical Sanctions: Restitution is typically assigned where a student is found responsible for damage or destruction to the property of another. Depending on the circumstances other conduct actions may also be taken that may range from a warning to suspension.

6.5.7 Disruptive Behavior

It is against college policy for students to engage in behavior that prevents the normal functioning of the college or significantly interferes with the rights of others to engage in the academic, work or service programs of the college.

6.5.8 Event Registration Violations

In cases where an event registration has been filed for an event, failure to follow the guidelines outlined in that contract will be considered a violation of college policy.

6.5.8-1 Typical Sanctions: For events in residence halls where the terms of the contract are violated, the student may be relocated to another living area and may not be permitted to live in an independent living area for a period of time. In all cases the student(s) will not be permitted to file event registrations in the future. Additional sanctions may include a range from warning to housing suspension.

6.5.9 False or Fraudulent Documents

The creation, distribution and/or use of false or fraudulent documents including IDs and parking permits is prohibited.

6.5.9-1 Typical Sanctions: Creation and/or distribution of false documents will result in conduct probation or suspension. Use of a fraudulent document will have a range of sanctions from warning and fine to suspension.

6.5.10 Fire Safety

All open fires on College property must be approved in advance by the Director of Public Safety in order to assure compliance with campus and local fire regulations, including periodic burn restrictions issued by the fire service. This includes fire rings at the pond, in Sage Circle the Village and campfires on college fields. Having a fire without prior permission may be considered a violation of the fire safety policy. Fires that are present without permission from public safety will usually be extinguished upon discovery. When using grills on campus students should make sure that a burn ban is not in effect by checking the postings regarding fire conditions in Gladfelter, the Public Safety Office or the Student Life Office.

6.5.10-1 Requirements

Permission must be requested a minimum of one hour before the fire.
Weather is one of the main determents in deciding if a fire can be allowed and therefore permission for a fire can be revoked based on changing weather conditions.
Proper extinguishment equipment must be available as determined by Public
Safety and based on the size and location of the fire.

6.5.10-2 Restrictions

All open flame is prohibited within fifty feet of any structure.
Fires must not be left unattended.

6.5.10-3 Fire for Dramatic Effect and Special Open Flame

Open flame used for dramatic effect includes candles, incense, oil lamps, tiki torches and any similar devices. The chapel and associated buildings on campus are the only buildings that may use candles and incense without permission. Open flames are never permitted within a residence hall.

6.5.10-4 Fire Related Permits

For safety reasons and according to North Carolina state law certain open flame activities require a permit from the Campus Fire Marshal. These permits are obtained by contacting Public Safety.

6.5.10-5 Requirements

For any special open flames, a completed permit request must be filed a minimum of four (4) business days (Monday through Friday excluding holidays) before the date of the event. In order to obtain this permit the person filing the permit request must meet the following requirements:

Accurately complete a permit request form.
Provide a person(s) to serve as designed fire watches.
All devices must be approved by appropriate or relevant organizations (i.e. NFPA, UL, etc.).
Provide appropriate safety equipment as necessary for the event.
Satisfy any additional requirements requested by Public Safety.

6.5.10-6 Special Events and Open Flame - Performance Fire

Any open flame that is not being used for heat, cooking, or light is considered performance fire. (Bonfires and campfires are not performance fires.) Performance fire includes but is not limited to fire spinning, fire dancing, and fire for dramatic effect (including pyrotechnics).

6.5.10-6-1 Requirements

For any performance fire, a completed permit request must be filed a minimum of four (4) business days (Monday through Friday excluding holidays) before the date of the event. In order to obtain this permit the person filing the permit request must meet the following requirements:

Have all required permits from the Buncombe County Fire Marshal.
Provide a photocopy of the permit with the permit request form.
Notify an officer at Swannanoa Fire Department of the date of the event.
Have the fuel that is to be used inspected by Public Safety at least one day prior to the event (For information on fuel storage see regulations regarding flammable liquids on campus).
Accurately complete a permit request form.
Provide a person(s) to serve as designed fire watches
Provide appropriate safety equipment as necessary for the event.
Satisfy any additional requirements requested by Public Safety.

6.5.10-6-2 Restrictions

No permits will be issued for the interior of a campus building or for any space within 50ft of a campus building.
No permits will be issued to a person who has violated the college fire safety regulations in the past calendar year. Nor can a person that has violated college fire safety regulations in the past calendar year be listed as a performer.
No performer or designated fire watch may be under the influence of drugs or alcohol, violations of this will result in immediate permit revocation.
No permits will be issued for an event during a burn ban. If a permit is granted and burn ban is issued the permit will be revoked.

The following will result in permit revocation and constitute a violation of college fire safety policy:

Providing false information to Public Safety or any other college official while attempting to secure a permit will result in conduct action.
Engaging in unauthorized activity that is not expressly covered by the permit issued will result in the cancellation of all future permits.
Failure to cooperate with personnel from Warren Wilson Public Safety, the OCFM, Swannanoa Fire Department or Buncombe County Sheriff’s Office will also result in permit revocation.

6.5.10-7 Other Fire Safety Policies

Reporting a false alarm of fire or setting off a false alarm of fire by pulling an alarm is strictly prohibited and is against North Carolina law. Purposefully misusing any element of fire safety equipment including a fire extinguisher or smoke detector is against college policy. Students may not store flammable items, including fireworks and fuel, in a prohibited area such as a residence hall. Any violation of fire safety regulations outlined in residence hall policies, such as the use of candles, is considered a violation of the fire safety policies. When a fire alarm goes off in a campus building all occupants must evacuate and return only when permission to re-enter has been given by a fire safety official. Failure to evacuate will be considered a violation of the college fire safety policy.

Although certain fireworks are now legal in North Carolina, all fireworks are prohibited on campus.

Intentionally or recklessly causing a fire which damages college or personal property, or causes injury will result in conduct action.

6.5.10-8 Typical Sanctions: Fire safety violations typically carry a fine which can range from $25 for more minor violations to $100 for more serious violations. In cases involving actions which endanger the safety of others, including tampering with fire safety equipment, conduct probation will be given in addition to the fine.

Use of fireworks on campus will result in conduct probation. Use of fireworks inside a building will result in loss of college housing.

6.5.11 Guests of Students

All guests of students must have a student as a host and be accompanied by that host at all times. Any guest without a host may be asked to leave and escorted from the campus.

6.5.12 Harassment and Intimidation

The College finds it unacceptable to engage in any action or course of actions aimed at a specific person or persons in order to threaten, harass or intimidate. This covers all verbal and written communication regardless of medium (telephone, electronic communication, etc.). Harassment prompted by bias, where a person is targeted in whole or in part because of the person’s perceived race, national origin, ancestry, gender, religion, age, disability, sexual orientation or gender identification is viewed as especially serious. Stalking behavior, defined as repetitive, menacing pursuit, following and/or interference is considered a violation of this policy.

To learn more about harassment and intimidation as relates to sexual misconduct, interpersonal and gender violence, visit the section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy.

6.5.12-1 Typical Sanctions: A range of sanctions is possible from mediation to suspension or expulsion depending on the nature of the harassment. Special reporting regarding harassment of a sexual nature is covered in the sexual harassment policy outlined later in this section.

6.5.13 Hate Crimes

Any violation of local, state or federal law or of our campus policies reported to local law enforcement agencies, campus security or staff that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias will be considered a “hate crime” and is an especially egregious violation of our community standards.

6.5.13-1 Typical Sanctions: A range of sanctions is possible from intervention to suspension or expulsion depending on the nature and severity of the offense. Special reporting regarding hate crimes of a sexual nature is covered in the sexual harassment policy outlined in this section.

6.5.14 Lack of Cooperation with a College Official

All students are required to present identification to a college official on campus when it is requested.

Failure to comply with a reasonable request of a public safety officer or a member of the staff, including RA’s and RD’s could result in an incident report being filed and conduct action being taken.

Presenting false statements (including false identification) to a public safety officer requesting information or investigating a situation or to a staff member or board in a conduct hearing is against college policy and may result in a sanction.

6.5.14-1 Typical Sanctions: Often lack of cooperation is linked with another policy violation and may be considered cause for a more serious sanction related to the incident. Independently, lack of cooperation can result in a range of sanctions from a warning to probation.

6.5.15 Official Communication

The College uses several methods for communicating official information to students and other members of the community. This information may include policy or regulation changes, emergency procedures, academic information, announcements of important events or meetings, notification of conduct actions, or other correspondence from the college. For all students, campus mailboxes, Warren Wilson email accounts, text messages and voice alerts, and the Inside Page will be used to communicate important information. Students are responsible for all information communicated through these media and therefore are encouraged to check them daily.

6.5.16 Pets

Many campus buildings, including Gladfelter and the Library, are always off-limits to pets. Pets may not be brought to work or to class by students. In accordance with Buncombe County law, dogs must be on a leash when they are on campus. They may not be tied unattended on porches or outside of campus buildings.

For the safety of the pet, animals should not be locked in cars or left unattended anywhere on campus (see Residential Life 5.0.0)

6.5.17 Physical Abuse or Violence

Physical abuse or violence of any kind, including assault, directed at another person will not be tolerated in our campus community.

To learn more about physical abuse or violence as relates to sexual misconduct, interpersonal and gender violence, visit the section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy.

6.5.17-1 Typical Sanctions: In situations where a student is found responsible of physical abuse, assault or violence toward another, the typical sanction will be suspension or expulsion. In situations where two or more students are involved in a physical altercation and all seem to share the responsibility, the circumstances will be considered in assigning sanctions.

6.5.18 School Closings

Typically the college remains open even in the event of extreme weather. On such occasions some class meetings may be canceled or crew work altered if the professor or supervisor is unable to travel to campus. If your crew supervisor is not available, please report to the work program office, bearing in mind that the crew may still need to function without a supervisor. Should the college need to close for whatever reason (e.g., prolonged loss of electricity) during severe weather; local broadcast media will air announcements to that effect. Even in those rare cases when classes are canceled, the college will need to continue other operations for the well being of residential students. And the best assumption in each case is that the college will be open and your classes/crews will meet as scheduled. The relatively flat Bee Tree Road “back way” often provides a good alternative route to campus in snowy or icy conditions.

6.5.19 Taking of Property

It is considered against college policy to take or use college equipment or possessions without permission of the responsible party. It is also a violation of our community standards to use without permission or willfully take the property of another. This includes not only physical takings, but also embezzlement, fraud and the taking of academic work which is covered by the policy on academic honesty.

6.5.19-1 Typical Sanctions: Restitution will be a typical sanction with other conduct sanctions assigned as appropriate to the circumstances. This could range from a warning to suspension.

6.5.20 Tobacco and Smoking

6.5.20-1 Background: The Surgeon General has found that tobacco use in any form, active or passive, is a significant health hazard. Second-hand smoke has been classified as a Class A carcinogen unsafe at any dose. In light of these health risks, Warren Wilson College joins the American College Health Association (ACHA) in encouraging campus-wide tobacco use policies. The ACHA and the U.S. Public Health Service have goals to reduce the percentage of adults who smoke to below 12% by the year 2010 and to positively influence college students to help them remain or become tobacco-free. Efforts to reach such goals have led to significant reductions in the amount of tobacco products consumed, the number of people who smoke and the number of people exposed to second-hand smoke.

6.5.20-2 Process: The policy on tobacco use and smoking was adopted through a process where a proposed policy was presented to the staff forum and the student caucus for approval. Because there were differences from the two bodies in the responses to the proposal a formal compromise committee with members representing students, faculty and staff was formed to develop an alternate proposal. This was then presented to the President and he has amended and approved the policy. There is a focus on education regarding campus guidelines on smoking and tobacco use.

6.5.20-3 Tobacco Use and Smoking Policy: Warren Wilson College, in its efforts to create a healthier atmosphere for the campus community, strives to control exposure to secondhand smoke. It emphasizes prevention and education efforts that support non-use and that address the risks of tobacco use.

On the Warren Wilson College Campus, smoking tobacco or any other substance is prohibited in the following locations:
- On all parts of the Central Campus (including the pedestrian bridge) that are outside of designated smoking areas (DSA’s*). The Central Campus is defined as all property and structures between Warren Wilson College Road and the service road that leads to the Farm.
- Inside all campus buildings.
- Within 25 feet of all campus buildings not on the central campus.
- Within 25 feet of all athletic facilities, including the Alpine Tower, soccer fields bleachers, and tennis courts.
- In all College vehicles.

There are five Designated Smoking Areas (DSAs). The number and location of these DSA’s may be changed by the President if needed. The covered structures are at the following locations:
- Lower Carson parking lot to the right of the HVAC unit
- Near the pedestrian bridge on central campus side.
- On the lawn of Sunderland
- Near the gravel parking area on the north end of Bryson Gym
- Behind the art buildings near the Village Residences.
The College is committed to prevention and education efforts that support non-use and address the risk of tobacco use. The College also offers programs and services that include practical steps to quit using tobacco products, including smoking-cessation resources.
Promotional advertising, sale, or free sampling of tobacco is prohibited on campus.
The sponsorship of any campus event by tobacco-promoting organizations is prohibited.
Smokers are expected to use ashtrays or otherwise properly dispose of their cigarette butts.

6.5.20-4 Typical Sanctions: For the first reported violation of the policy on smoking, the student will meet with a member of the Student Life staff. The staff member will review the campus policy with the student, emphasizing the rational for the policy as it relates to community standards. A written warning will then be issued. If the student fails to meet with the staff member by the stated deadline, the student will be fined $50 in addition to completing the required meeting.

For a second reported violation of the smoking policy the student will need to complete the smoking module of the online MyStudentBody, which provides education on smoking and second hand smoke. To consider it completed the student would need to score at least an 80% on the final quiz and forward that information to Student Life. Failure to complete the program by the stated deadline would result in a $75 fine in addition to completing the sanction.

Following a third reported violation of the smoking policy students would be required to participate in a mediation meeting using the restorative justice model where they would meet with others within the community who has felt violated by those who have not followed the smoking policy. Failure to attend the session at the stated time will result in a $100 fine in addition to completing the sanction.

Any student with a reported fourth violation of the smoking policy would be referred to the Conduct Board for adjudication.

6.5.21 Unauthorized Use of Space or Equipment

Unauthorized entry or presence in a college building that is not open for use is prohibited unless specific permission has been given by the responsible party.

Students are not permitted on the roof of any college building except for work purposes under the supervision of a work crew supervisor.

The use of college equipment, including vehicles, is allowed only with specific permission from the responsible college official. This includes computer files and electronic accounts.

Unauthorized possession, duplication or use of college keys is strictly against college policy.

Forgery, alteration or misuse of college documents, records or ID cards is also a violation of policy.

6.5.21-1 Typical Sanctions: The sanctions could range from a warning to expulsion given the circumstances. Because of safety concerns, unauthorized use of the college pool will always result in conduct probation.

6.5.22 Weapons

North Carolina law explicitly forbids possession of weapons on any property owned, used, or operated by an educational institution. College policy prohibits all weapons including guns, rifles, dynamite cartridge, bombs, grenades, mines, explosives (including fireworks), bullets, bowie knives, dirk, daggers, slingshots, switch-blade knives, blackjacks, metallic knuckles, or any other weapon of a like kind (fishing and hunting knives, BB guns, stun guns, martial arts weapons, bows and arrows) and any other knives not classified as a pocket or pen knife. This law means that weapons cannot be kept in a locked car.

6.5.22-1 Typical Sanctions: The minimum sanction for possession of most types of weapons is conduct probation. Depending on the circumstances, possession of a weapon may also result in a loss of college housing. The typical sanction for possession of a firearm is suspension.

6.6.0 The Sexual Misconduct, Interpersonal and Gender Violence Policy

For situations where there is a risk of imminent or immediate danger due to situations related to Sexual Harassment, Sexual Misconduct, Intimate Partner Violence (Relationship Violence), Stalking and Gender Violence – call Public Safety at 828.230.4592 or call 911.

For advocacy, support and resources related to this policy, contact:
The RISE Project (RISE=Respect, Intervention, Safety & Empowerment)
Ew Quimbaya-Winship, Director
Ext. 3799 – Crisis Hotline (Evenings and Weekends) 828.337.3264
Dodge House – First Floor
http://www.warren-wilson.edu/~rise/

Introduction
Members of the Warren Wilson College community, guests and visitors have the right to be free from all forms of violence and abuse, including sexual and relationship violence, stalking, sexual harassment and hate crimes. These rights are established through College policy and federal laws and will be made known to the campus community through various educational programs designed to promote an awareness and prevention of sexual misconduct, interpersonal and gender violence. All members of the campus community, including guests and visitors, are expected to conduct themselves in a manner that does not infringe upon the rights of others. When allegations of misconduct are brought to the administration’s attention and a respondent is found to have violated this policy, sanctions will be used to reasonably ensure that such actions are never repeated.

The Sexual Misconduct, Interpersonal and Gender Violence Policy
This policy states the boundaries of acceptable behavior in our community and outlines the process by which violations of this policy can be reported.

For the purpose of this policy ‘interpersonal violence’ is broadly defined as sexual harassment, sexual misconduct, relationship violence, and stalking, including gender violence.

This policy provides members of the Warren Wilson College community, including guests and visitors, with the ability to file a report of interpersonal violence in a safe and respectful way, as well as the ability for students to respond to a report in a safe and respectful way. People who experience interpersonal violence have the right to decide whether or not to file an anonymous, informal or formal report, or no report at all. The policy that follows applies to situations in which interpersonal violence has been committed by a student. For information on interpersonal violence committed by staff, faculty or supervisors, see the section at the end of the policy entitled “Interpersonal Violence by a College Employee.”

If you would like to provide feedback regarding this policy, you can do so by contacting the Director of The RISE Project, the Dean of Students, or the Title IX Coordinator.

6.6.1 Consent: First and foremost, Warren Wilson College is committed to effective consent in all relationships. All members of the Warren Wilson community are expected to respect the bodily integrity of others. In order for individuals to engage in sexual activity of any type with each other, the people involved in the activity should know or reasonably know that effective consent has been given. Consent is sexual permission. Consent must be clear, knowing and voluntarily given prior to and during sexual activity. Consent can be given by word or action, although non-verbal consent is not as clear as talking about what you want sexually and what you don’t want. Silence--without actions demonstrating permission--cannot be assumed to show consent.

The best way to obtain consent is verbally. Discussing sexual activity with a person you want to have sex with and obtaining consent to engage in the same form of sexual activity will ensure that boundaries and desires are known.

However, consent to one form of sexual activity cannot be taken as consent to any other form of sexual activity. Prior consent to sexual activity does not mean future consent to sexual activity. Previous relationships cannot imply consent to future sexual acts. “No” always means “no” however “yes” might not always mean “yes” (for instance, when someone uses coercion to obtain a “yes” the situation is considered non-consensual).

As a guide to determine if consent can be given, the people involved need to be:
• fully aware and conscious and not incapacitated by drugs, alcohol, illness or sleep.
• equally free to act
• able to clearly communicate their willingness and permission
• and be positive and sincere in their desires.

In order for consent to be effective, these are the minimal conditions that should be met:
The person must be able to understand exactly what it is that they are agreeing to and not incapacitated.
• Incapacitation includes intoxication by drugs or alcohol to the point that a person’s state of mind is not clear and their judgment is impaired. We define intoxication as follows: a person is incapable, due to the use of drugs or alcohol, of either appraising the nature of his or her conduct, or a person is unable to give effective consent to a sexual act.
• When alcohol or other drugs are being used, someone will be considered unable to give effective consent if they cannot appreciate the Who, What, When, Where, Why, or How of a sexual interaction. Individuals who consent to sex must be able to understand what they are doing.
• To be more precise, an incapacitated person cannot give effective consent. Even if they express willingness to engage in sexual activity but are incapacitated at the time, and that the individual is incapacitated is known or should be known to the accused, any sexual activity that takes place is misconduct, and any factual willingness that may have been expressed is irrelevant.

A person cannot give consent if any of the following factors are present:
• someone forces someone to engage in sexual activity.
• someone threatens force against another.
• someone coerces or intimidates someone into sexual activity.
• verbal coercion violates this policy as much as the use of physical force.
• the person is mentally incapacitated.
o Mentally incapacitated could refer to a person with a severe cognitive disability or a person who is under the influence of alcohol or other drugs.
• the person is physically helpless.
o Physically helpless could refer to a person with a physical disability, an injury, or someone who is passed out, amongst other things.
• or the person is a minor.
• If a person is slurring their words, having difficulty maintaining equilibrium, passing in and out of consciousness, or is vomiting, they can safely be considered to be incapacitated.
o Incapacitation may exist in the absence of these symptoms.
• Incapacity is not determined based on a person’s Blood Alcohol Content level.

6.6.1-1 Consent, Alcohol, and Drugs: As stated above, a person is unable to give consent when incapacitated, whether by alcohol or other drugs. Providing alcohol or drugs to someone to get that person to consent to have sex with you is a violation of college policy. An individual initiating a sexual act will not be excused if that person is impaired due to the use of alcohol or other drugs and initiates an inappropriate act with someone, whether that means not listening to requests regarding limits on sexual activity, coercing, or physically forcing sexual activity on someone, the initiator is in violation of the policy.

For sex to be truly consensual, you and your sexual partner(s) should be sober.

6.6.2 Sexual Misconduct, Interpersonal and Gender Violence

Offenses include:
Sexual Harassment;
Non-Consensual Sexual Contact (or attempts to commit same);
Non-Consensual Sexual Intercourse (or attempts to commit same);
Sexual Exploitation;
Harassment and Intimidation;
Hate Crimes related to sex, sexual orientation and/or gender;
Intimate Partner Violence;
and Stalking.

These above listed offenses, as defined below, are violations of WWC policy and can be investigated, adjudicated and sanctioned, as appropriate.

6.6.2-1 Sexual Harassment Sexual Harassment is most often understood as a pattern of behavior by a person of any sex against a person of any sex.

Sexual Harassment is:
• unwelcome, gender-based verbal or physical conduct that is,
• sufficiently severe, pervasive and objectively offensive that it,
• unreasonably interferes with, limits or deprives someone of the ability to participate in or benefit from the college’s educational program and/or activities, and is based on power differentials (quid pro quo), and/or creates a hostile environment, or retaliation.

Examples of sexual harassment include, but are not limited to, the following behaviors:
• Sexually degrading words or gestures to describe an individual.
• Unnecessary touching, patting, pinching, or brushing another’s body or clothing.
• Comments about an individual's body, clothing or lifestyle which have sexual implications.
• Repeated offensive sexual flirtation, leering or ogling.
• Stalking, telephone or computer harassment.
• Displays in hallways, outdoors areas and rooms publicly accessible to members of the College community, including offices, of sexually demeaning objects, pictures, or cartoons.
• Conduct of a sexual nature that interferes with an individual’s academic or work performance or creates an intimidating, hostile or offensive environment.
• Implied or direct threats or insinuations that an individual’s refusal to submit to sexual advances will adversely affect the individual’s status, evaluation, wages, advancement, duties or career development.

Sexual Harassment can be filed by a third party who feels impacted by harassment that someone else is experiencing. Retaliation or threatened retaliation to the reporting of harassment is also considered a violation of this policy.

6.6.2-2 Non-Consensual Sexual Contact

Non-Consensual Sexual Contact (or attempted) is:

• any intentional sexual touching,
• however slight,
• with any object,
• by a person upon another person,
• that is without consent and/or by force.

Sexual Contact includes:
Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, even if not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

6.6.2-3 Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse (or attempted) is:

• any sexual intercourse
• however slight,
• with any object,
• by a person upon another person,
• that is without consent and/or by force.

Intercourse includes:
Vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

6.6.2-4 Sexual Exploitation Sexual Exploitation (or attempted) occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

• Invasion of sexual privacy;
• prostituting another student;
• non-consensual video or audio-taping of sexual activity;
• going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
• engaging in voyeurism;
• knowingly transmitting an STI or HIV to another student;
• Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation

Additional Applicable Definitions:
Coercion is any behavior that is used to overcome resistance or produce consent (“Have sex with me or I’ll hit you.” “Okay, don’t hit me, I’ll do what you want.”), including threats and intimidation (implied threats); including the use or implied use force. Force is the use of physical violence and/or imposing on someone physically to gain sexual access.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

6.6.3 Harassment and Intimidation

It is unacceptable for a person or persons to engage in any action or course of actions aimed at a specific person or persons that has the effect of threatening, harassing or intimidating. This covers all forms of communication including but not limited to verbal and written communication regardless of medium (telephone, electronic communication, etc.).

Harassment prompted by bias, where a person is targeted in whole or in part because of the person’s perceived race, national origin, ancestry, gender, religion, age, disability, sexual orientation or gender identification is viewed as especially serious.

6.6.4 Hate Crimes

As stated earlier in this chapter of the Student Handbook (under the section: Hate Crimes), any reported act of violence (whether that report is made to local law enforcement, campus security, faculty or staff) that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias will be considered a “hate crime” and is an especially egregious violation of our community standards. Any person found responsible for an act of violence that is defined as a “hate crime”, where a person was targeted based on gender or sexual orientation, could face the maximum possible sanctions for these violations. Furthermore, Warren Wilson College takes seriously acts of violence that target others based on gender identity.

6.6.5 Intimate Partner Violence (Relationship Violence)

Given the unique nature of intimate partner violence (IPV), Warren Wilson College developed the following policy to address the dynamics of abuse that can occur in relationships (IPV – sometimes referred to as dating violence, relationship violence, or domestic violence).

Intimate Partner Violence Behaviors
Intimate Partner Violence is a pattern of coercive behavior that one partner exerts over the other for the purpose of establishing and maintaining power and control. This type of violence does not require sexual intimacy. The term ‘partner’ for this policy will include: current or former partner(s); and will include persons who are married or living together as a couple to persons who are dating or who consider themselves a couple (individuals engaged in a primary romantic and/or sexual relationship with another) but have separate living arrangements.

IPV can vary in frequency and severity. It occurs on a continuum, ranging from name calling, to a single hit that may or may not impact the victim to chronic, severe mental abuse and battering.

There are four main types of intimate partner violence:
• Physical violence: is the intentional use of physical force with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; slapping; punching; burning; use of a weapon; and use of restraints or one's body, size, or strength against another person.

• Sexual violence: is sexual acts without consent.

• Threats of physical or sexual violence: use of words, gestures, or weapons to communicate the intent to cause death, disability, injury, or physical harm.

• Psychological/emotional violence: involves trauma to the victim caused by acts, threats of acts, or coercive tactics. Psychological/emotional abuse can include, but is not limited to, humiliating the victim, controlling what the victim can and cannot do, withholding information from the victim, deliberately doing something to make the victim feel diminished or embarrassed, isolating the victim from friends and family, and denying the victim access to money or other basic resources. It is also considered psychological/emotional violence when there has been prior physical or sexual violence or prior threat of physical or sexual violence. (Saltzman, et al. 2002)

In addition, stalking is often included among the types of IPV.

6.6.6 Stalking

Stalking generally refers to "harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property" (Tjaden & Thoennes 1998). Stalking can be further defined as a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Course of conduct is defined as “a pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.”

6.6.6-1 Stalking Behaviors

Stalking includes any behaviors or activities occurring on more than one occasion that collectively instill fear in a victim, and/or threaten her or his safety, mental health, or physical health. Such behaviors and activities may include, but are not limited to, the following:

Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, text messages, written letters, gifts, or any other communications that are undesired and place another person in fear.
Use of online, electronic, or digital technologies, including, but not limited to:
- Posting of pictures or information in chat rooms or on Web sites
- Sending unwanted/unsolicited email or talk/chat/text requests
- Posting private or public messages on Internet sites, social networking sites, and/or school bulletin boards
- Installing spyware on a victim’s computer
- Using Global Positioning Systems (GPS) to monitor a victim
- The unauthorized use of user names and passwords, PIN(s), and/or online identity
Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim
Surveillance or other types of observation including staring, “peeping”
Trespassing
Vandalism
Non-consensual touching
Direct verbal or physical threats
Gathering information about an individual from friends, family, and/or co-workers
Threats to harm self or others
Defamation – lying to others about the victim.

6.6.7 Reporting

6.6.7-1 Amnesty and Responsible Action Policies

The Warren Wilson College community encourages the reporting of policy violations and crimes. As well, Warren Wilson College encourages students to offer help and assistance to others in need. Sometimes students are hesitant to report an alleged policy violation to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble To encourage reporting, Warren Wilson College pursues a policy of offering victims and witnesses of sexual violations amnesty from other policy violations, such as consumption of drugs or alcohol related to the incident.

Warren Wilson College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the college will provide educational options, rather than mere punitive actions, to those who offer their assistance to others in need.

6.6.8 Procedure for Filing a Formal, Informal or Anonymous Report on Campus

Contact the RISE Project Director to file an informal or anonymous report. This is a way to document your experiences and seek support in having some of your needs met such as exploring room changes, work crew changes, class changes, etc. without pursuing a formal report. With this option there would not be a formal investigation of the charges and no disciplinary action would be possible against the person named in the report.

6.6.8-1 To File an Anonymous or Informal Report: As a reporting student (the person reporting an alleged policy violation) you can contact the RISE Project Director to file an informal or anonymous report. This is a way to document your experiences, seek support and explore having some of your needs met such as room changes, work crew changes, class changes, etc. without pursuing a formal report.

Please note that the college may be required to look into certain policy violations even if the reporting student does not want the matter pursued. The college takes seriously reports of violence and in some cases must respond. In these cases the college will proceed with care to protect the reporting student and all involved. In such cases where the college must pursue the report of a policy violation, the reporting student will be notified, when reasonable, in advance of any action.

6.6.8-2 Informal Dispute Resolution Efforts: In some sexual harassment situations, after filing an informal report, it may be possible to resolve the matter through mediation or a dispute resolution process. The Dean of Students or appointed designee will oversee the resolution process. If a satisfactory resolution cannot be reached, then the reporting student can make a formal report. Other options such as room changes, work crew changes, class changes, etc. will also be considered.

6.6.8-3 To file a Formal Report: To file a formal report of an alleged policy violation, the reporting student will meet with the Dean of Students. A student can choose to do this by first contacting The RISE Project Director or by going directly to the Dean of Students Office. This will need to be followed by filing a written incident report. There is no deadline for filing a formal report; a student may file a report at anytime. However, the responding student (the person alleged to have violated Warren Wilson policy) must still be a currently enrolled student at the college in order for the report to go through the campus judicial process; however certain actions (such as a campus “no trespass” order) may be possible as an action against others that violate Warren Wilson College policies.

Upon the receipt of a reported violation of this policy, the Dean of Students or appointed designee will open and oversee the investigation of the formal report (and the hearing board process, if necessary). An advocate will be identified for the reporting student (most often this person will be the RISE Project Director). In cases where the person filing the report requests special protections to feel safe until a hearing can happen and/or the college feels that based on the evidence presented actions are necessary to protect the person filing the report or other members of the community, the college reserves the right to take any action it deems necessary to protect student rights and safety. This may include, but not be limited to, a modification in living arrangements, removal of the accused from campus pending a hearing, or notification of authorities.
The Dean of Students or appointed designee will oversee the following investigation:

In coordination with the campus Title IX Coordinator, initiate any necessary remedial actions;
Determine the identity and contact information of the alleged victim, if necessary (as in cases where a third party is reporting the policy violation);
Identify the correct policies allegedly violated (in some cases, more than one policy may be identified);
Conduct an immediate initial investigation to determine if there is reasonable cause to charge the responding student, and what policy violations should be alleged as part of the complaint;
Meet with the reporting student to finalize the complaint and
Prepare the notice of charges on the basis of the initial investigation;
The Dean of Students or appointed designee will commence with a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the accused individual, who may be given notice prior to or at the time of the interview;
Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
Make a finding;
- The standard of proof for a finding is if there is greater than 50 percent chance that something is true. This is referred to as preponderance of the evidence – whether a report is more likely than not to be true and to have occurred;
- If there is insufficient evidence to support a finding, the report may be closed but kept on file in the event further information supports reasonable cause to reopen the report;
Notify the reporting student of the finding;
Present the findings to the responding student, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings

Where the responding student is found not responsible for the alleged violation(s), the investigation should be closed. Where the responding student accepts the finding that s/he violated college policy, the Dean of Students or appointed designee will impose appropriate sanctions for the violation, after consultation with the Sexual Misconduct, Interpersonal and Gender Violence Hearing Board. The college will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the college community.

In the event that the responding student rejects the findings in part or entirely, the Dean of Students or appointed designee will convene The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel to determine whether the accused individual is in violation of the college’s interpersonal violence policy.

6.6.9 The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel

The Panel will be comprised of three staff members drawn from a pool of 6-8 specifically trained to serve on this panel. Panel members may be excused from a panel due to conflict of interest or other valid reasons.

The Dean of Students or appointed designee will serve as the Hearing Officer. Through the following hearing process, the Hearing Officer’s responsibilities include advising all parties of the process and outcomes, conducting the hearing, consulting with the panel on the process, and being present during the hearing. The Dean of Students or appointed designee will not participate in the deliberations except to answer questions about process or precedent.

6.6.9-1 The Hearing Process

The reporting student has the right to have a support person from the campus community present during the hearing process. This can be the RISE Director or another person of the student’s choice. The responding student also has the right to have a support person from the campus community present during the process. Support persons may be present for the entire hearing but may speak only with the person being supported; they may not participate in the hearing in any other way. Parents, lawyers, and others are not permitted in the hearing process.

If witnesses are to be presented by either party, the Hearing Officer must be notified two days before the hearing so that witnesses can be advised of the process. In order to do this, the Hearing Officer needs the names and contact information for the witnesses, as well as the nature of the information they will be providing in the hearing. Information that has a direct bearing on the case is the only information that can be presented in the hearing. Character statements are not allowed.

Witnesses are required to be present for the hearing, except in cases where there is a logistical reason that they cannot. In those cases, phone or written testimony will be accepted.

The Hearing Officer will make every effort to secure a space that is appropriate, confidential and provides sufficient space for parties to be seated away from each other. The hearings will be closed to all but the Panel, the Hearing Officer, the parties, and their support persons.

The Hearing Officer will recognize speakers and interruptions will not be tolerated. The Hearing Officer will also determine the appropriateness of questions and has the final decision regarding what can or cannot be asked.

Disruption of a hearing may result in dismissal from the proceedings.

An audiotape of the hearing will be made for the panel to use during the deliberation process. This tape may also be reviewed in the case of an appeal. No other recording of the hearing is permitted. The tape will be destroyed after the timeframe for filing an appeal passes or once an appeal hearing is completed.

6.6.9-2 Hearing Order of Business

Step 1: The Hearing Officer will introduce all parties, explain the hearing process and detail the investigation to date. The Hearing Officer will define the reason this hearing was called and what, in general, will be explored.

Step 2: The reporting student will make an opening statement, either verbally or in writing, if the student chooses.

Step 3: The responding student will make an opening statement, either verbally or in writing, if the student chooses.

Step 4: The panel will question the reporting student.

Step 5: The panel will question the responding student.

Step 6: Both parties have the opportunity to present witnesses one at a time. The reporting student will be able to present witnesses first. The reporting student will be allowed to question their witnesses first. Afterward, the responding student can question the witness. When the responding student presents their witnesses, the responding student will be able to question their witnesses first. Afterward, the reporting student will be able to ask questions. The panel can then question each witness as they are presented but after the order of questioning as outlined above.

Step 7: The two parties will then have an opportunity to submit (in writing) questions for each other to the Hearing Officer. The Hearing Officer will review the questions and those that are deemed to be appropriate will be passed on to the panel to ask. The panel members may also ask their own questions of either party at this time.

Step 8: The responding student will make an impact/closing statement.

Step 9: The reporting student will make an impact/closing statement.

Step 10: Both parties will be excused from the room. The panel will then deliberate to determine if the responding student is responsible for a violation of The Sexual Misconduct, Interpersonal and Gender Violence Policy, and if so, will decide on an appropriate sanction.

6.6.9-3 Deliberation and Determination

The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel will deliberate until a determination is made. The panel will strive for consensus, but will reach a decision by majority vote if that is not possible. If the panel does not find the responding student responsible for the report as written, the panel can still find the responding student in violation of another part of The Sexual Misconduct, Interpersonal and Gender Violence Policy.

The outcome of a campus hearing is part of the educational record of the responding student, and is protected from release under a federal law, FERPA.

Notification of the panel’s decision will be made via letter written by the Dean of Students or appointed designee. Copies of the letter will be sent to both parties for any misconduct determination without condition or limitation.

Warren Wilson College reserves the right to publically release the name, policy violation, and sanction, for any student found responsible for violations of this policy.

6.6.10 Sanctions

The Hearing Panel reserves the right to broaden or lessen the following range of recommended sanctions in the case of mitigating circumstances, but neither the panel nor the appeal officers will deviate from this range unless compelling justification to do so exists.

• A violation of the policy on nonconsensual sexual intercourse: suspension or expulsion.
• A violation of the policy on nonconsensual sexual contact (no penetration): a range from suspension to expulsion.
• A violation of the policy on sexual exploitation or sexual harassment: a range from a written warning to expulsion.
• A violation of stalking and/or IPV: a range from a written warning to expulsion.

All sanctions may include a requirement to seek counseling and/or mandate education related to the policy violated.

The Dean of Students or appointed designee has final decision making authority with regard to formal complaints, subject to appeal.

Where the responding student is found in violation of Warren Wilson policy, the Dean of Students or appointed designee will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The college will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the college community.

6.6.11 Appeal

In the event that the responding student accepts the findings of the investigation, those findings cannot be appealed.

Either party may appeal the decision of The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel to the Dean of Students. The appeal must be made in writing within 5 working days of the issuance of the decision letter. The letter should clearly outline the grounds for the appeal. An appeal is not the rehearing of the evidence.

Sanctions imposed by the Dean of Students post-investigation can be appealed by any party according to the grounds below. Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described below.

The only grounds for an appeal are:
• If investigation and/or hearing board procedures were not followed appropriately and accurately – and the deviation had significant impact on the outcome of the finding;
• If newly discovered evidence that is deemed to be relevant has come to light and was not available at the time of the hearing – and this newly found evidence would significantly impact the outcome of the finding;
• If the sanction imposed was too severe given the violation (or not severe enough) and was not in keeping with the recommended sanctions.

The individual filing for an appeal must show error as it assumed the originally finding is presumed to have been heard reasonably and appropriately. The Dean of Students may rule that there are insufficient grounds to hear the appeal; the Dean of Students may reconstitute the hearing panel to accommodate the introduction of new evidence; or the Dean of Students may constitute a group to evaluate the appeal. In situations where it is determined that a group needs to be convened to evaluate the appeal, the Appeal Evaluation Group would include three members: the Dean of Students, one member of The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel that did not hear the case originally and a member of the President’s Advisory Council (PAC). Inability to reach a two-thirds vote in favor of the party who brought the appeal will be considered an affirmation of the panel’s original decision.

If the Appeals Evaluation Group determines that new evidence should be considered, it will return the complaint to the original hearing body to reconsider the new evidence only. The reconsideration of the hearing body is not appealable.

If the Appeals Evaluation Group determines that a material procedural [or substantive] error occurred, it may return the complaint to the original hearing body with instructions to reconvene to cure the error. In rare cases, where the procedural [or substantive] error cannot be cured by the original hearing officers (as in cases of bias), the appeals officers or committee may order a new hearing on the complaint with a new body of hearing officers. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the four applicable grounds for appeals.

If it is determined that the sanctions imposed are disproportionate to the severity of the violation, the appeals group will return the complaint with a recommendation to increase, decrease or otherwise modify the sanctions. This decision is final.

All sanctions imposed will be in effect during the appeal. A request to temporarily suspend a sanction may be made to the Dean of Students for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The procedures governing the hearing of appeals include the following:

All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
Appeals are not intended to be a full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
This is not an opportunity for appeals officers to substitute their judgment for that of the original hearing body merely because they disagree with its finding and/or sanctions. Appeals decisions are to be deferential to the original hearing body, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so;
Sanctions imposed are implemented immediately unless the Dean of Students stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
The appeals committee or officer will render a written decision on the appeal to all parties within two business days from hearing of the appeal. The committee’s decision to deny appeal requests is final.

6.6.12 Special Conditions for Interpersonal Violence Cases

Notice of when the accused is made aware of the report by the Dean of Students: The reporting student will be notified when the responding student is made aware of the report.
No-contact Order: Students are entitled to seek a no-contact order that imposes reasonable restrictions of student contact during and potentially after campus conduct proceedings are in progress.
Sexual History: All parties to a report have a right not to face questions or discussion of their sexual history, unless the Hearing Officer determines that such information about the student responding to the report is highly relevant to determining whether or not the policy has been violated as it establishes a pattern of behavior consistent with the report.
Separate Testimony Options: Any reporting student can request to give testimony through alternate means to being in the physical presence of the responding student. The use of screens, Skype or other means of giving testimony will be offered and made available.
Right to Present Own Report or Use Proxy: The reporting student has the right to present their own report, or to ask the college to present it on her or his behalf.
Right to be Informed of the Appeal Status: The parties will be informed by the Dean of Students Office if any of the parties request an appeal.

6.6.13 Parental Notification

The college reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The college may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, college will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The college also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.

6.6.14 Statement of the Rights of the Reporting Student

The right to investigation and appropriate resolution of all credible complaints of interpersonal violence made in good faith to college administrators;
The right to be treated with respect by college officials;
The right of both reporting student and the responding student to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;
The right not to be discouraged by college officials from reporting an assault to both on-campus and off-campus authorities;
The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing;
The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the reporting student’s desire (however in some cases the college may need to proceed with an investigation if the college has knowledge of risk to members of the community);
The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community;
The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the reporting student and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available).
Accommodations may include:
--Change of an on-campus student’s housing to a different on-campus location;
--Assistance from college support staff in completing the relocation;
--Arranging to dissolve a housing contract and pro-rating a refund;
--Exam (paper, assignment) rescheduling;
--Taking an incomplete in a class;
--Transferring class sections;
--Temporary withdrawal;
--Alternative course completion options.
The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
The right to a campus no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;
The right to have complaints of interpersonal violence responded to quickly and with sensitivity by campus law enforcement.
The right to appeal the finding and sanction by the conduct body, in accordance with the standards for appeal established by the college;
The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the responding student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
The right to preservation of privacy, to the extent possible and allowed by law;
The right to a hearing closed to the public;
The right to petition that any member of the conduct body be removed on the basis of demonstrated bias;
The right to bring an advocate or advisor to all phases of the investigation and campus conduct proceeding;
The right to give testimony in a campus hearing by means other than being in the same room with the responding student;
The right to ask the investigators to identify and question relevant witnesses;
The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint;
The right to have the college compel the presence of student, faculty and staff witnesses, and/or the opportunity (if desired) to ask questions, directly or indirectly, of witnesses (including the responding student), and the right to challenge documentary evidence.
The right to be present for all testimony given and evidence presented before the conduct body;
The right to have complaints heard by conduct and appeals officers who have received annual interpersonal violence training;
The right to a conduct panel comprised of representatives of both genders;
The right to have college policies and procedures followed without material deviation;
The right to be informed in advance of any public release of information regarding the complaint;
The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.

6.6.15 Statement of the Responding Student’s Rights

The right to investigation and appropriate resolution of all credible complaints of interpersonal violence made in good faith to college administrators against the accused student;
The right to be treated with respect by college officials;
The right to be informed of and have access to campus resources for medical, counseling, and advisory services;
The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
The right to appeal the finding and sanction by the conduct body, in accordance with the standards for appeal established by the institution;
The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the responding student for compelling safety reasons (this does not include the name of the reporting student/complainant, which will always be revealed);
The right to a hearing closed to the public;
The right to petition that any member of the conduct body be removed on the basis of bias;
The right to have the college compel the presence of student, faculty and staff witnesses, and/or the opportunity to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence.
The right to have complaints heard by conduct and appeals officers who have received annual interpersonal violence adjudication training;
The right to have college policies and procedures followed without material deviation;
The right to have an advisor or advocate accompany and assist in the campus hearing process. This advisor can be anyone from the campus community, but the advisor may not take part directly in the hearing itself, though they may communicate with the reporting student as necessary;
The right to a fundamentally fair hearing, as defined in these procedures;
The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
The right to written notice of the outcome and sanction of the hearing;
The right to a conduct panel comprised of representatives of both genders;
The right to be informed in advance, when possible, of any public release of information regarding the complaint.

6.6.16 Interpersonal Violence by a College Employee

If you believe you have been or are being sexually harassed, are a victim of another form of sexual misconduct (this includes Nonconsensual Sexual Intercourse and Nonconsensual Sexual Contact), being stalked or are a victim of gender-bias by a college employee (staff, faculty, or supervisors), you may choose to address the situation by informal consultation or by filing a formal complaint under the college’s Sexual Harassment Policy listed in the general policies section of this chapter. Complaints regarding a contract employee (that are not Warren Wilson College employees or students) should be directed to the office responsible for the contract with the outside organization providing the contract worker – however, any contract employee is subject to campus policies and as such any faculty, staff or student can bring their concerns to the attention of the Dean of Students, The RISE Project, Human Resources, or the Title IX office. These complaints will be addressed by the college as well. The confidentiality of a report will be preserved to the greatest extent possible, and you should not hesitate to contact the Dean of Students or Title IX Office for clarification and guidance regarding this policy and other related college policies. The same options for support listed at the start of this chapter are available to students in this situation.

Although sexual harassment involves sexual conduct that is unwelcome, students should know that even consensual sexual relations may lead to reports that the policy has been violated. A report could be filed in situations in which one person in the relationship has power or authority over the other, one person suffers retaliation for seeking to end the relationship, or actual or potential abuse exists in the relationship. A report might also be filed by third parties not involved in the relationship who believe it is affecting their own employment, education, or living environment. Retaliation or threats of retaliation are considered in violation of this policy.

6.6.17 Advocacy and Support Resources Regarding Sexual Harassment, Sexual Misconduct, Intimate Partner Violence (Relationship Violence) and Stalking

The RISE Project (RISE=Respect, Intervention, Safety & Empowerment)
Ew Quimbaya-Winship, Director
Ext. 3799 – Crisis Hotline (Evenings and Weekends) 828.337.3264
Dodge House – First Floor
http://www.warren-wilson.edu/~rise/

6.6.17-1 Confidential Services

The RISE Project is a sexual and relationship violence prevention education and victim/survivor advocacy program. However, the RISE project is also accountable to the Warren Wilson community and the safety of the members of the community; RISE is also accountable to state and federal laws, including Title IX. To the degree that we can maintain the anonymity of the person making a report, we will. Our first goal is to keep safe those who choose to report incidents of violence. When any person talks to RISE and it is believed that someone violated our policies, we may be required to investigate the report.

The college does offer confidential services through the Counseling Center. For those students not wishing to make a report, but are seeking support and feeling the need to maintain control of the situation, the Counseling Center provides highly confidential counseling services where strict confidentiality is maintained. In fact, aside from situations that involve imminent danger to self or others, or abuse of children or dependent adults, counselors are bound by laws and ethical guidelines to maintain the privacy of all conversations not meeting the above exceptions.

Please see the section of this policy on the “Procedure for Filing a Formal, Informal or Anonymous Report on Campus” to better understand your reporting options.

6.6.17-2 Options for Victims/Survivors, Families and Friends

A person who experiences sexual misconduct can respond in a variety of ways. If the incident has just happened, you may want to contact Our VOICE at 828.255.7576, go to Mission Hospital for medical treatment and/or have evidence collected; for situations of intimate partner violence, you can call Helpmate at 828.254.0516. Contacting Our VOICE, Helpmate and/or The RISE Project are always options at any point, but having evidence collected by medical professionals needs to happen as soon as possible.

Some continuing options include:

Seeking Support
• Speaking with a RISE Advocate/RISE Project Director about your experiences, and having questions answered.
• Receiving follow-up medical treatment at the WWC Health Center, Planned Parenthood or another area doctor.
• Participating in a survivor support group through Our VOICE.
• Participating in counseling at the WWC Counseling Center, Our VOICE, or another place selected by you.

Filing a Report
• Filing a formal report with the Dean of Students’ Office. There is no time limit for filing any kind of on campus report.
• Filing an informal report or anonymous report with the RISE Project. There is no time limit for filing any kind of on-campus report.
• Filing a police report/calling 911.

Additional Options
• Talking with friends about your experiences.
• Moving rooms on campus, or moving off campus.
• Obtaining a 50B or 50C No Contact Order, which is a kind of restraining order.
• Engaging in artistic endeavors or other activity toward healing.
• And other options that may be right for you.

6.6.18 Title IX Statement

Title IX prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Prohibited sex discrimination covers sexual harassment, including sexual violence. “Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol, or due to an intellectual or other disability. Sexual violence includes rape, sexual assault, sexual battery and sexual coercion. All such acts of violence are forms of sexual harassment covered under Title IX.”

The Sexual Misconduct policy above is in compliance with Title IX and reflects the intent and activity required by Title IX. Any reports of discrimination on the basis of sex, including sexual harassment and other forms of sexual violence, will be reviewed by the Title IX Coordinator; as well all Title IX compliance efforts will be administrated by the Title IX Coordinator. You can contact your Title IX Coordinator at any time to ask about this policy or Title IX itself.

The Warren Wilson College Title IX Coordinator is:

Ew Quimbaya-Winship
Director, RISE Project and Title IX Coordinator
Dodge House, First Floor
PO Box 9000
Asheville, NC 28815-9000
Phone: 828.771.3799; Email: ewquimbaya-winship@warren-wilson.edu

Lyn O'Hare
Academic Support Services Director and Title IX Coordinator
Dodge, First Floor
PO Box 9000
Asheville, NC 28815-9000
Phone: 828.771.3012; Email: lohare@warren-wilson.edu

Or you can contact:

U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov.

If you wish to fill out a complaint form online, you may do so at: www2.ed.gov/about/offices/list/ocr/complaintintro.html

Warren Wilson College does not discriminate on the basis of race, color, creed, religion, national or ethnic origin, sex, gender, age, marital status, disability, or sexual orientation.

6.6.19 Jeanne Clery Statement

Warren Wilson College complies with the Crime Awareness and Campus Security Act of 1990, also known as the Jeanne Clery Act. The college compiles a report that not only lists statistics on certain crimes that are reported on campus, but also reports on security policies the college maintains. The act requires campuses to report occurrences of the following crimes: murder, rape, aggravated assault, burglary, motor vehicle theft, as well as violations of the liquor laws, drug abuse and weapons violations. The reports are made available to all current employees, students, prospective students, employees and anyone requesting a copy. In the event of crimes or situations that are considered to pose a threat to the college community, the act requires the college to notify the college community in a timely manner. This determination will be made by the Director of Public Safety, in consultation with the Dean of Student Life. The college will make timely notice to the college community utilizing options such as the college newspaper, email, and flyers distributed to the college community, etc.

For more information on the Jeanne Clery Act at Warren Wilson College, go to: www.warren-wilson.edu/~rise/Clery_Report.php

6.6.20 Registered Sex Offender

The college reserves the right to disclose to the community information about sex offenders that are accepted as members of the Warren Wilson community. Such information that can be shared includes, but is not limited to, the person’s name and address; a physical description of the person; the type of vehicle that the person is known to drive; any conditions or restrictions placed upon the person’s probation, parole, post-prison supervision or conditional release; a description of the person’s method of offense; a current photograph of the person; and the name and telephone number of the person’s parole and probation officer.

***

This policy borrows language and information from:
http://nccasa.net; Antioch College, SUNY Albany, University of Rochester, Brown University, Oberlin College, and Barnard/Columbia; Mars Hill College; http://www.ncga.state.nc.us/gascripts/statutes/statutes.asp; http://www.ncvc.org; http://www.cdc.gov; http://www.justice.gov; and http://ncherm.org/

6.7.0 Definitions of Typical Sanctions

6.7.1 Alcohol or Other Drug Intervention: includes completion of an online educational program or assignment designed to prompt reflection on substance use issues, participation in campus programs, or meeting with a counselor to examine personal choices around substance use.

6.7.2 Campus Engagement Initiative: involves attendance at a specified number of college events chosen from an approved list and submission of a written reflection on these events.

6.7.3 Conduct Probation: designates a stated period of time during which further violation of college rules could result in suspension. While on conduct probation a student may not serve in certain campus leadership positions, represent the college in various ways including through participation in intercollegiate athletics and may not hold a break period work contract. Students on probation are not eligible to participate in break service trips.

6.7.4 Fines: payment due of a specified amount of money.

6.7.5 Expulsion: a permanent severance of the relationship between the student and WWC. A student who has been expelled is subject to legal prosecution for trespass if he or she should appear on college property or at an official function of the college without permission.

6.7.6 Housing Probation: a designated period of time during which housing choices may be restricted, the student may not be in residence halls during break periods and a further violation of college policy could result in the loss of housing.

6.7.7 Housing Suspension: a designated period of time during which a student cannot visit or live in any college residence hall. This sanction ordinarily precludes participation in the Work Program. If a student wishes to return to college housing following a suspension he/she will return on probation for at least one semester.

6.7.8 Off Campus Alcohol or Other Drug Assessment: requires that a student visit an approved practitioner to have a complete use assessment, sign a release so that our counseling center can receive the results and then follow recommendations made as a result of the assessment. The student will need to cover the expenses associated with the assessment and treatment.

6.7.9 Re-Assignment: a student’s housing assignment changed as a result of conflict or violation of community living standards.

6.7.10 Restitution: repaying a violated party through payment or labor.

6.7.11 Restriction of Privileges: includes not being able to participate in specified campus activities or not being able to visit certain areas on campus.

6.7.12 Suspension: involves a period of time during which a student is ineligible for enrollment. A student may apply for reinstatement at the end of this period. Certain conditions, such as counseling, may be stipulated for readmission. A student returning to the college following a suspension will be on conduct probation for at least one semester and may be required to live off campus. A suspended student is permitted on College property only with the permission of the Dean of Students until she or he is readmitted. Suspended students who come to campus without this permission may be expelled.

6.7.13 Warning: a written notice that a student has violated college rules. It will serve as a reminder regarding the policy and will be considered in any future violations.