APPENDIX
Williams prohibits the abuse of alcohol and expects members of the College community to abide by federal, state, and local regulations concerning the possession and use, purchase, and distribution of alcohol. The College prohibits the unlawful manufacture, sale, distribution, dispensing, possession, or use of illegal drugs, or the unauthorized use of prescription drugs.
For help with alcohol and/or other drug problems, call the Health Education Office (x3165). Information on Narcotic's Anonymous is available from the Berkshire Council on Alcohol and Addictions.
Legal Sanctions Concerning Alcohol and Drugs
Federal, state, and local laws make illegal use of alcohol and drugs serious crimes. Convictions can lead to imprisonment, fines, and/or required community service. Courts do not lift prison sentences to allow convicted persons to attend college or continue their jobs. A felony conviction for such an offense can prevent you from entering many fields of employment or professions.
Controlled Substances: Illegal drugs are not allowed on campus. Whenever evidence of drugs of any quantity or related drug paraphernalia are discovered on campus, the College will report that discovery to the police department.
Common examples of controlled substances, as defined by law, are cocaine, marijuana, heroin, amphetamines, LSD, and other hallucinogens. Federal law makes the distribution of drugs to persons under age 21 punishable by twice the normal penalty with a mandatory one year in prison. If death or serious injury results from use of the substance, the prison sentence could be lengthened.
Possession of drugs without valid authorization is illegal. While penalties for possession are generally not as great as for manufacture and distribution, the possession of relatively large quantities may be considered as intent to distribute. Under both federal and state laws, penalties for possession, manufacture, and distribution are greater for second and subsequent convictions.
Persons convicted of drug possession under state or federal laws are ineligible for federal student grants and loans for five years following the first conviction, ten years after the second, and permanently after the third conviction.
Massachusetts has criminal penalties for use of controlled substances or drugs, varying with the type of drug. In general narcotic, addictive, and drugs with greater potential for abuse carry higher penalties.
Massachusetts also makes it illegal to be in a place where heroin is kept and to be "in the company" of a person known to possess heroin. Anyone in the presence of heroin at a private party risks a serious drug conviction. In addition, the sale or possession of drug paraphernalia is illegal in Massachusetts.
Possession of drugs with the intent to distribute within 1,000 feet of school or daycare property is a very serious crime in Massachusetts and carries a mandatory minimum two year sentence in prison if convicted. Be advised, almost the entire Williams College campus fall into the legal definition of a school zone.
Marijuana is still illegal in Massachusetts and is a violation of Williams College policy. Amounts less than an ounce have been decriminalized and are illegal. These violations carry a $100 civil fine.
Impact of Drug Conviction on Federal Financial Aid Eligibility
Under the Higher Education Act, a student may become ineligible for federal student aid upon a conviction of any offense involving the possession or sale of illegal drugs under any federal or state law while receiving Title IV federal financial aid. Federal aid includes: Federal Pell Grants, Federal Supplemental Educational Opportunity Grants, Federal ACG Grants, Federal SMART Grants, Federal Direct Stafford Loans, Federal Direct PLUS Loans, Federal Direct GradPLUS Loans, Federal Perkins Loans and Federal Work Study.
The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
Possession of illegal drugs Sale of illegal drugs
1st offense 1 year from date of conviction 2 years from date of conviction
2nd offense 2 years from date of conviction Indefinite period
3rd offense Indefinite period Indefinite period
If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period.
A student regains eligibility the day after the period of ineligibility ends or when the student successfully completes a qualified drug rehabilitation program. The student will lose eligibility again upon a subsequent drug conviction.
For complete information, please see the FAFSA web page at: http://www.fafsa.ed.gov/faq003.htm or contact the Federal Student Information Center at 1-800-4-FED-AID.
Convictions During Enrollment
According to the United States Department of Education, if a student is convicted of a drug offense after receiving Federal aid, he or she must notify the Williams College Office of Financial Aid immediately. The student may be ineligible for further aid in that academic year and required to pay back all federal aid received after the date of the conviction. The Office of Financial Aid will work with the student regarding all of the available options.
HEALTH AND BEHAVIORAL RISKS CONCERNING ALCOHOL AND OTHER SUBSTANCES
Williams prohibits the abuse of alcohol and expects members of the College community to abide by federal, state, and local regulations concerning the possession, use, purchase, and distribution of alcohol. The College prohibits the unlawful manufacture, sale, distribution, possession, or use of illegal drugs, or the unauthorized use of prescription drugs.
The negative physical and mental effects of the use of alcohol or other substances are well documented. Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including sexual assault. Moderate to high doses of alcohol can cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large amounts of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
For help with alcohol or other substance problems, call the Health Education Office at x3013. Additional information is available from the Brien Center (Northern Berkshire Counseling Center), 25 Marshall Street, North Adams, 664.4541.
Alcohol Equivalents
In general, a 12 oz. can of beer equals a 1 oz. shot of 100 proof liquor, which equals one 5 oz. glass of wine. When mixing drinks these equivalencies do not always hold true. This becomes especially significant when mixing different kinds of alcohol to make punches. A glass of punch may have a much higher alcohol content than a straight shot or a can of beer.
Also be aware that carbonated beverages may increase alcohol absorption, while food will decrease it, especially foods high in protein like cheese and red meat.
Massachusetts State Law Concerning Alcohol
Any person under 21 years of age who purchases alcoholic beverages or who makes arrangements with any other person to purchase, or who misrepresents his or her age in order to purchase alcoholic beverages, is guilty of a violation of the Massachusetts State law and is subject to a fine of $300.00.
Any person to makes a false statement as to the age of another person who is under 21 years of age in order to procure alcoholic beverages is guilty of violating the state law and is subject to a fine of $300.00
Any person who uses a false liquor purchase identification card or alters or defaces a liquor purchase identification card in order to purchase alcoholic beverages is guilty of violating the state law and is subject to a fine of up to $200.00 or imprisonment of up to three months.
Any person under 21 years of age who willfully misrepresents his or her age or in any way alters, defaces or otherwise falsifies his or identification offered as proof of age in order to purchase alcoholic beverages is guilty of violating state law and is subject to a fine of $300.00.
Any person under 21 years of age who transports or carries alcoholic beverages is guilty of violating the state law and is subject to a fine of up to $50.00. A police officer may arrest such a person WITHOUT A WARRANT. If the person was operating a motor vehicle at the time, his or her driver's license may be suspended for up to three months.
A host of a party may be liable for the injuries suffered by a third person if the host knew or should have known that his or her guest was drunk, and nevertheless gave or permitted the guest to take an alcoholic drink and thereafter, because of his or her intoxication, the guest negligently operated a car, causing injury to the third person. If the guest whose drunk driving causes an accident is a minor, the host who served the alcohol to the minor might be held liable to the injured third person even if the minor was not intoxicated when the host served the minor alcohol.
Massachusetts has a "zero tolerance" law for blood alcohol level in drivers aged 16 to 21. For such drivers, any alcohol level greater than .02 (roughly equivalent to one drink or a beer) will result in one-the-spot revocation of the driving license. For adults over 21, the maximum permitted level in the law is .08. A first conviction for driving under the influence of alcohol carries with it a fine of $1,000.00, one year revocation of your driver's license, and mandatory alcohol education. It may also include up to two years in prison.
Williamstown Open Container Law
No person shall drink, alcoholic beverages from an open container while on any public way or in a public place. No person shall carry an open container of alcoholic beverage while on any public way or in a public place. Violation of this Williamstown ordinance may result in a fine of not less than $20.00 nor more than $200.00.
The College's Response to Underage Drinking
The Campus Safety Department has adopted a program to addressing alcohol violations. An educational component, rather than a punitive approach, is the main focus of this program. Campus Safety officers take an active role to assist hosts and servers and identify underage drinkers at registered events and do the same when providing compliance checks at all campus events. The names of student alcohol violators will be submitted to the Director, Associate Director or Campus Safety Supervisor.
For an initial intervention, the underage student will be contacted and will meet with a Campus Safety supervisor. The initial meeting will concentrate on education concerning Massachusetts law; using fake identification and the penalties; host liability and responsibility assumed by hosts and servers; and risk assessment. The goal is to raise awareness concerning compliance with state law and to advise the student about any future violations and subsequent sanctions. Students may also be referred to a Health Educator from the Health Center if it is determined that high-risk alcohol consumption is a contributing factor. Each case will be handled on an individual basis to determine the appropriate follow-up. The Dean's Office will be notified and will become involved when disciplinary action is necessary.
Referrals from Campus Safety to the Health Center will be made directly to the Director of the Health Center. A refusal by a student to meet with a Health Educator will result in a notification from the Health Center to the Dean's Office for subsequent follow- up. There are various types of responses:
· Campus Safety handles the follow-up without referral
· Campus Safety handles the follow-up, and a referral is made to the Health Center
· a direct referral to the Health Center
· a direct referral to the Dean's Office
If the initial interaction originates at the Health Center, no referrals will be made to the Campus Safety Office.
The College's Response to Illegal Drugs
The College has a zero tolerance for illegal drugs. Campus Safety and Security will contact local police authorites any time evidence of illegal drugs are discovered on College property. Students will be subject to both Massachusetts State Law and the College sanction process.
Referrals from Campus Safety to the Health Center will be made directly to the Director of the Health Center. A refusal by a student to meet with a Health Educator will result in a notification from the Health Center to the Dean's Office for subsequent follow- up. There are various types of responses:
· Campus Safety handles the follow-up without referral
· Campus Safety handles the follow-up, and a referral is made to the Health Center
· a direct referral to the Health Center
· a direct referral to the Dean's Office
Computing Ethics and Responsibilities
Williams College provides computing and networking resources to students, faculty, and staff for a wide variety of purposes. These resources, networked for the general benefit of the community, are continually updated and maintained to provide an academic environment that is consistent with the educational goals of the College. These resources are limited, and how each individual uses them may affect the work of other members of the community and beyond, as our campus network is connected (through the Internet) to other networks worldwide. It is important that everyone be aware of his or her individual obligations and what constitutes proper use and behavior.
Williams College Computing Ethics and Responsibilities are available in the Student Handbook, the Administrative Handbook, and other publications of the College, as well as the Williams web site. Because of the rapid evolution of computing and information networks, the College reserves the right to modify these policies, with approval of the campus-wide Information Technology Committee, and publish the latest version on the OIT web pages. While users will be kept apprised of any changes, it is the user's responsibility to remain aware of current policies.
Common sense is a good guide to what constitutes appropriate behavior and use of computers and networks. You should respect the privacy of others and use computing resources in a manner that is consistent with the educational objectives of the College.
Behaviors that can create problems in a networked computing environment fall into the categories below. This list of responsibilities, while not exhaustive, should provide users with a good idea of what constitutes illegal or unethical on-line behavior. Users should note that computer users are governed by federal and state laws, including copyright laws, and College policies and standards of conduct.
Violations of these rules or, indeed, any disruptive situation in which a person's behavior or behavior generated on machines, accounts, or file space under that individual's control, creates a disruption of service to our clients, may be met by suspending access and services to the responsible parties. Access and services may only be restored following a discussion with the Office for Information Technology (OIT) and, if appropriate, other officers of the College.
When there is reason to believe that illegal activities or significant infractions of our rules have occurred or are continuing, with the permission of the appropriate senior officer of the College, OIT staff may monitor a suspected individual's computer files and activities. When necessary, the College may invoke the assistance of a law enforcement agency. The Office for Information Technology will not judge whether any request from a law enforcement agency to investigate suspected illegal activities affords due process and is of appropriate jurisdiction; OIT defers such requests to the appropriate officers of the College, and provides information required by subpoenas from courts with proper jurisdiction.
Break-ins
You may not attempt to gain access to computer systems (on or off campus) for which you have not been explicitly granted access.
Tampering
You may not deliberately attempt to disrupt the performance of a computer system or a network, on or off campus. You may not attempt to `break' system security. You may not reconfigure computer systems to make them unusable for others. You may not attempt to destroy or alter data or programs belonging to other users. You may not modify residential computing network services or wiring or extend those beyond the area of their intended use. This applies to all network wiring, hardware, and cluster and in-room jacks. Gateways and firewalls designed for home use, such as Cable/DSL routers and Wireless Access Points, can disrupt the normal operation of the Williams network and are not allowed. You are responsible for protecting your computer and not allowing others to use your computer to attack others on the network. Specifically this means that you are required to be running a supported, up-to-date, anti-virus package and to ensure that your computer has had all applicable security patches installed.
Theft
By the copyright laws of the United States and most other nations, virtually all information in computer files is copyrighted.
If you have not been given direct permission to copy a file, you are not permitted to do so. You may not copy or redistribute software or other information that is copyrighted. By US law, software piracy is a felony. You may not attempt to override copy protection on commercial software. The ability to find and read information on computer systems does not mean that the information is in the public domain. Having the ability to read does not necessarily grant the right to copy or redistribute. Nor, even, in the case of certain information on the Internet, does ability to read mean that permission to read has been lawfully granted. Certain information is licensed to be read by the Williams community, though this does not grant the right to redistribute this information. See remarks under Eavesdropping and Violations of Privacy, below.
Eavesdropping and Violations of Privacy
All information on a computer system belongs to someone; some of it may be private or personal information; some may consist of confidential information, trade secrets, or classified material. If you have not been given direct permission to read or access another person's file, you may not try to do so. The Williams network is a computing system covered by this policy. The operation of packet capture or port scanning software, or other means of snooping on other's network activity, is strictly forbidden.
Williams-specific or commercially obtained network resources may not be retransmitted outside of the College community. Examples include copyrighted course materials, electronic journals, other commercial information services from the Williams College Library, and private student and/or employee-related information such as home phone numbers, addresses, and photographs of students.
Forging, Password Sharing, Password Stealing
You may not attempt to impersonate another individual by sending forged information such as e-mail. You may not seek to determine another person's password, through cracking, decryption, interception or other means.
You must never give your password to anyone or use another person's password. Sharing passwords removes accountability, making our systems more vulnerable. Violations will be reported to the person's supervisor or department chair. OIT will never ask for your password under any circumstances.
Annoyance and Harassment
Williams College has written standards of conduct that seek to prohibit annoyance and harassment by any members of the Williams College community.
You may not use computing resources to violate the College's standards of conduct. You may not distribute electronic chain letters or spam. These are not only annoying, but can also severely disrupt computing and network performance.
Negligence and Misuse (including private business)
Having access to computing privileges (e-mail account, Williams network connection, login, or shared file space owned by you), means that you have general responsibility for all computing activity which takes place from those accounts, connections, or file spaces. The College's connection to the Internet, for example, does not allow you to abuse that connection.
Access to the Williams College computing network and the Internet is limited to members of the Williams College community. Individuals within the Williams community are not permitted to provide access to the campus network to those outside this community. This restriction includes the operation of server software to provide any service that is accessible by those outside the Williams network without permission from OIT.
Use of Williams Computing facilities is intended to be consistent with the educational mission of the College; this does not preclude personal uses. However, we note that the College has:
for students: "Regulations covering student businesses" in the Student Handbook
for faculty: "their employment during the academic year" in the Faculty Handbook
for administrative staff: "Employment outside Williams or beyond full-time with the College" in the Administrative Staff handbook
All place some limitations on the community's use of computing facilities for commercial purposes.
You should report any suspected illegal or unethical activity to the Office for Information Technology or the Dean's Office.
Copyright and Attribution Reminders
Receiving, possessing, or distributing copyrighted material without the permission of the copyright holder is prohibited. Such acts are also a violation of the laws of the United States. Violators of copyright law could be subject to felony charges in state or federal court, and may also be sued by the copyright holder in civil court. To learn more about copyright, visit the Library's web page about copyright.
Illegal file-sharing using peer-2-peer file sharing programs is strictly prohibited both by College policy and under the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA limits the liability of internet service and network providers (ISPs), including the College in its role as an ISP, in disputes between copyright holders and users of those services. The DMCA also establishes procedures through which copyright holders can obtain information from internet service and network providers about alleged infringing use of those services. These procedures make individual students, faculty and staff responsible for their illegal file sharing. and they must assume all resulting liabilities as individuals without support from the College. To learn more about how the College handles DMCA notices from the entertainment, music and other copyright holders, go to our policy about File Sharing and Copyright Violations.
Eph's Guide to Student-Initiated Events with Alcohol
(Last updated September 5, 2012)
*Please refer to the online version of the Handbook for updates to this section.
Eph's Guide outlines the social and legal obligations of students when they have an event with alcohol on Williams College property. Students are responsible to read through the Guide and to ask questions. Students are also responsible to read the Williams Student Handbook for more information.
Some of the information found in this guide may seem a little scary. Truth is, liability is something everyone deals with and has to be aware of. The purpose of this information isn't to frighten or to deter from having a good time; instead, its purpose is to give some tools to help reduce students' liability and risk for events, especially events that involve alcohol.
Any violation or failure to comply with a registration plan will result in the event being shut down and the host(s) being fined a minimum of $100 per violation. Hosts or other responsible students may lose the privilege to host events or may be subject to further College disciplinary action. If an event is unregistered and the responsible person is not identified, the fine will be imposed on the suite, entry, or house in which the event occurred, and house members will be responsible to pay for damages. Previously unclaimed or unpaid damages will factor into whether or not a particular organization, house, host, or server may coordinate or take part in an event in the future.
Involvement with alcohol is not an excuse for dangerous or disruptive behavior. In such cases, students are still responsible for their actions. If alcohol or other substances have contributed to unacceptable behavior (e.g., violations of College policy; dangerous or disruptive behavior; continued abuse of alcohol resulting in significant health, personal, or academic difficulties), disciplinary action may, in addition to other sanctions, require the student to attend a substance abuse workshop offered by Health Services. The general rules of student conduct, as described in the Student Handbook, apply at all times.
Please direct any questions to the Director of Student Life (x3696).
The Purpose of the Regulations, Policies, and Procedures
Education
The goals of the educational program are to promote compliance with state laws & college policies concerning alcohol, moderation, safety, and individual accountability in social situations; to support policies that are clear, readily understood, consistent, and
fairly enforced; and to maintain a community where the effects of alcohol abuse and the problems of behavior associated with it
are minimal. As part of Williams' overall educational effort, the policies here are designed to enhance student awareness of the
issues related to alcohol consumption and to emphasize the extreme seriousness of problems associated with alcohol abuse.
Health and Safety
A primary concern is the health and safety of members of the College community. All members of the community need to be aware
of their responsibility to take action if they have a problem related to alcohol and to lend assistance to others who have a problem
related to alcohol. The health and safety objectives of the policy are to promote care, responsibility and moderation.
Social Life
The College acknowledges that a significant percentage of its community may lawfully consume alcohol, and that alcohol has
been a part of social life, both at the College and in society at large. The College respects and values the social freedom of its
community. This freedom likewise extends to those members of the College community who choose not to consume alcohol. In
addition, a significant percentage of students cannot consume alcohol. Accordingly, this policy provides for alternatives to alcohol
in order to promote compliance and create a non-coercive social environment for students who choose not to drink.
Personal Responsibility
The College believes that it is important for all members of the College community to understand that they are individually accountable in social situations and are responsible for the consequences of their conduct, including their choices with respect to
alcohol. Students are accountable for their own decisions regarding alcohol use; they are also responsible for knowing, understanding, and complying with College policies and state and local laws related to alcohol. Subject to the regulations specified, the
College allows students, student-run residential houses, and student-run organizations to conduct and host events on the premises of the College. The College does not conduct or host student events nor does the College serve or control the service or
consumption of any alcoholic beverages at student events.
Certified Crowd Managers
NEW IN 2011-2012: All events held in a facility with a capacity designation of 100 or more that involve music and/or alcohol,
MUST have a Certified Crowd Manager for every 250 individuals that the facility could potentially hold (including students, staff,
faculty, vendors, etc.). For instance, if a music event were held in a facility that holds 253 people potentially, then there would need
to be AT LEAST 2 certified crown managers present. This is a Massachusetts Law put into effect June 1, 2011. Failure to comply
can lead to $5000 in fines for the first offense, plus 2.5 years in jail; $25000 in fines for second offense, plus 5 years in prison.
Procedures and Regulations for Student-Initiated Events with Alcohol
The purpose of these regulations is to make student events with alcohol safe and pleasurable. They apply to any student event held in any College facility.
In order to have a student-initiated event with alcohol, students must first follow the procedures outlined in the "Student-Initiated Events" section of the Student Handbook. In addition to those procedures and policies, the following regulations also apply:
· Student events with alcohol are restricted to members of the College community and their escorted guests.
· A student member of the sponsoring organization will serve as the Event Coordinator.
· The Event Coordinator must first complete and submit the Event Notification form found on the Student Life webpage, for any event with alcohol.
· In general, the Online Event Notification form must be completed for basic events with alcohol a minimum of two working days prior to the event, by 4pm. Since Saturday and Sunday are not considered working days, the Event Notification form for events planned for Friday, Saturday or Sunday must be submitted by 4pm on Tuesday (IF YOU DO NOT MEET THIS DEADLINE, YOUR EVENT CANNOT HAPPEN). Complicating details may require more advance notice. Please refer to the "Student-Initiated Events" section of the Student Handbook for more details about deadlines.
· After completing the Event Notification form, the Event Coordinator will meet with either Benjamin Lamb or Ellen Rougeau in Student Life to walk through the steps to successfully plan the event. Once the event details have been addressed, the final step is completing the registration form with Ellen Rougeau.
· If your event requires a Hard Copy Registration form, this form, including names and signatures of all student/professional hosts, must be turned in to Ellen Rougeau in Student Life by 4pm on the Thursday before your event (IF YOU DO NOT MEET THIS DEADLINE, YOUR EVENT CANNOT HAPPEN) - NO CHANGES CAN OCCUR TO THE PARTY PLAN AFTER THIS FORM HAS BEEN SUBMITTED. The information it contains is compiled and sent to various offices on campus by Friday morning to make final plans for staffing on the weekend.
· A copy of your room reservation confirmation MUST BE ATTACHED to your hard copy registration form when submitted-IF YOU DO NOT ATTACH THE RESERVATION CONFIRMATION YOUR EVENT RISKS BEING CANCELLED
· All advertising for events with alcohol must be directed exclusively at the College community.
· No off-campus advertising or promotion for events with alcohol is allowed.
· Advertisements for events with alcohol may not in any way feature alcohol, either in the name of the event or in the description.
· College funds may not be used to purchase alcohol.
· No admission fees, cover charges, or charges for alcoholic beverages are permitted when alcohol is served unless a temporary license to sell is obtained from the Town of Williamstown & approved by the Board of Selectors. To secure a temporary license, contact Benjamin Lamb or Ellen Rougeau in Student Life for assistance.
· Hosts and servers must be and remain substance free (no alcohol or other substances) when working an event with alcohol.
· Bracelets must be used to identify persons of legal drinking age of 21 years.
· Events must conform to fire code and maximum occupancy limits.
· A barrier (e.g., bar) is required to separate the alcohol from guests; only servers may have access to the alcohol during the event. The area must have adequate lighting to check ID's.
· Events with alcohol may not begin before 6pm on days when classes are scheduled or before 12 noonon Saturday & Sunday.
· Events with alcohol must end by 12midnight on Sunday - Thursday nights, and by 2am on Friday and Saturday nights.
· Late-night events are allowed on Friday and Saturday nights, and have an additional set of limitations. Late night events must end by 3am.
· Hard alcohol, including punch, is prohibited from all registered student events. Exception is during First-Chance Dance, 100 Days Dance, and some Senior Week events.
· Senior events (First Chance, 100 Days, Senior Week) have an 8-keg maximum.
· Alcohol is not permitted at athletic events unless purchased from a licensed vendor on the premises.
· Outdoor events must be approved by Facilities & Campus Safety.
· Alcohol may not be served at an event in First Year residence halls or at any event exclusively intended for First Year students.
· First Year entries cannot fund alcohol for events but under separate billing can sponsor entertainment, food, alternative beverages.
· Student-initiated events with alcohol are not allowed during First Days or Final Exam Periods.
· Student-initiated events with alcohol are not allowed during Reading Periods (except the night prior to Reading Period beginning, until 2am).
· Smoking is not permitted at events held indoors - all college buildings are considered smoke-free.
· Foam machines are not permitted in any College building.
· Fog and smoke machines are not allowed at events in any student residence. Use of such machines in a non-residential space must be discussed in advance. Be sure to talk with Ellen Rougeau about this, and she will assist you in communicating with Joe Moran in Facilities.
· If you are considering candles during an event, that must be discussed in advance. Be sure to talk with Ellen Rougeau about this, and she will assist you in communicating with Joe Moran in Facilities.
· All outdoor events must be registered.
· NEW IN 2011-2012: All events held in a facility with a capacity designation of 100 or more that involve music and/or alcohol, MUST have a Certified Crowd Manager for every 250 individuals that the facility could potentially hold (including students, staff, faculty, vendors, etc.). For instance, if a music event were held in a facility that holds 253 people potentially, then there would need to be AT LEAST 2 certified crown managers present. This is based on a new Massachusetts Law put into effect June 1, 2011. Failure to comply can lead to $5000 in fines for the first offense, plus 2.5 years in jail; $25000 in fines for second offense, plus 5 years in prison.
Event Sizes, Maximum Allowed Alcohol,
Minimum Food/Alternative Beverages, & Numbers of Hosts/Servers
Please note the following regarding the event designations below.
1. Numbers of people and amounts of alcohol are maximums.
2. Amount of food and beverages are minimums.
3. The number of hosts/servers are minimums, and may be increased by Student Life depending upon the event, location, sponsoring organization, etc.
4. In some instances, professional hosts and/or servers may be required by Student Life.
Unregistered Intimate Event
· Maximum # of People: 50
· Maximum Amount of Alcohol: 79 12-oz cans of beer OR 11 liters of wine
· Food/Alternate Beverages Required: 2 lbs food, 5 liters beverages
· Other Notes: No bands or DJ's allowed; iPod allowed; not required to submit the Event Notification form. Students holding these events in their own common areas in their respective house must notify their Baxter Fellow specifying date, time, and number attending. However, if the event is to be held in the building common area, the student holding the event must get permission, prior to the event, from the Baxter Fellow who is responsible for that common area. The student coordinating the event will be the contact person and will be held responsible for clean-up and any damages that occurred. Please note that these events will be shut down as necessary due to noise complaints, overcrowding, exceeding alcohol limits or for any reason that jeopardizes student safety. If there is a chance that the event may be loud, or may go beyond 50 people, or otherwise not fit within the parameters noted above, the student is strongly advised to follow the process for a registered student event in order to avoid the event being shut down by Campus Safety.
Registered Intimate Event
· Maximum # of People: 50
· Maximum Amount of Alcohol: 1 keg of beer or equivalent
· Food/Alternate Beverages Required: 4 lbs food, 10 liters beverages
· Minimum Hosts Required: 1
· Minimum Servers Required: 2
· Other Notes: Band, DJ, iPod allowed
Small Event
· # of People: 51-99
· Maximum Amount of Alcohol: 1 keg of beer or equivalent
· Food/Alternate Beverages Required: 4 lbs food, 10 liters beverages
· Minimum Hosts Required: 2
· Minimum Servers Required: 2
· Other Notes: Band, DJ, iPod allowed
Medium Event
· # of People: 100-199
· Maximum Amount of Alcohol: 2 kegs of beer or equivalent
· Food/Alternate Beverages Required: 8 lbs food, 20 liters beverages
· Minimum Hosts Required: 3
· Minimum Servers Required: 2
· Other Notes: Band, DJ, iPod allowed
Large Event
· # of People: 200+
· Maximum Amount of Alcohol: 6 kegs of beer or equivalent
· Food/Alternate Beverages Required: 24 lbs food, 60 liters beverages
· Minimum Hosts Required: 4
· Minimum Servers Required: 3
· Other Notes: Band, DJ, iPod allowed
Late-Night Event (ends at 3:00am; Friday & Saturday only)
· Maximum # of People: 100
· Maximum Amount of Alcohol: 1 keg of beer or equivalent
· Food/Alternate Beverages Required: 4 lbs food, 10 liters beverages
· Minimum Hosts Required: 2
· Minimum Servers Required: 2
· Other Notes: Band, DJ, iPod allowed
The total amount of alcohol available on campus via registered events on a given night will be calculated based upon the actual number of students who are of legal age on campus. Quantities cannot exceed this amount. The amount of alcohol for a particular event depends on the size and length of the event.
The Role of the Event Coordinator
The Event Coordinator is the student who makes all of the preparatory arrangements for the event. The Event Coordinator must
be from the sponsoring organization. The Event Coordinator is *not* required to be certified as a host or server, unless s/he is
listed as a host or server for the event.
The Event Coordinator is responsible to do the following:
· organize the event.
· be present at the event and for the duration of the event in the case that Campus Safety or the Hosts/Servers have any questions that need to be answered
· Ensure the event has a theme (don't make alcohol the focus)
· confirm with the organization's financial officer that any necessary financial arrangements are within the budgetary limits of the sponsoring organization.
· complete the Event Notification form and then meet with Benjamin Lamb and/or Ellen Rougeau in Student Life to complete the necessary steps to execute your event, including the registration plan.
· obtain written permission/signature from the appropriate Baxter Fellow if the /event is being held in a residence. If no Baxter Fellow is assigned, the Director of Student Life -must be contacted to authorize use of the residence.
· notify the custodian of the house where the event is taking place in advance. S/he will leave items for your use for clean- up, including wet mop, bucket, broom and/or vacuum cleaner, all-purpose cleaner, and extra trash bags.
· designate one of the hosts/servers as the point person for Campus Safety during the event (if the Event Coordinator cannot attend the entire event).
· designate clean-up duties to the hosts & servers.
· name, assign, and, if applicable, arrange payment for hosts and/or servers for the event.
· pick up bracelets from Student Life (Ellen Rougeau) on the day of the event prior to 4pm, OR, if the event is on a weekend, pick up bracelets from Student Life on Friday prior to 6pm.
· sign for any alcohol planned for the event if 21 years old or older. If not 21-years old or older, must designate, in advance, an of-age student affiliated with the event (another student member of the sponsoring organization, a host, or a server) to sign for the alcohol.
· arrange for proper amounts of appropriate food and non-alcoholic beverages.
· contact Campus Safety, 30 minutes prior to the beginning of the event. An officer will conduct a compliance check to ensure the registration plan has been followed, to review the venue with you for previous damage, and to establish communication expectations for the evening with hosts & servers. If all looks good, CSS will then give an OK for the event to begin. Failure to comply with the registration plan may result in the event being shut down by the officers.
· ensure that clean-up has been completed no later than 12noon on the next day (although preferably immediately after the event concludes), or earlier if required by Student Life.
· evaluates the event and shares the information with Ellen Rougeau in Student Life.
The Event Coordinator and/or the sponsoring organization will bear financial responsibility for any damage to College or student
property that occurs during the event if the responsible person cannot be identified. The Dean's Office, Campus Safety, and Student Life will work with students to resolve these cases as fairly as possible based on all available information.
The Role of Hosts and Servers
The College recommends that student utilize professional hosts and bartenders to oversee events (and will require it for some
events based on size, history of the event or student group, location, amount of alcohol, etc.). A list of professional hosts and
bartenders is available through Student Activities. The current pay rate for a professional host is $15/hour, and the rate for a
professional bartender is $25/hour, paid by the sponsoring organization. If professionals are not utilized, certified student hosts
and servers are required. The minimum number of hosts & servers is typically determined by the size of the event, though other
factors may also apply. Student hosts and servers may be paid or unpaid; if paid, the rate is $11/hour, paid by the sponsoring
organization, and hosts & servers may only be paid for their time during the event.
The primary concern of a host or server is to maintain a safe environment for students and their guests and to abide by College
rules and Massachusetts law. To become a certified host or server for an event with alcohol, students must:
· be at least 21 years of age (servers) or 18 years of age (hosts)
· take the TIPS workshop and pass the test at the end, at least once during their academic career at Williams
· take the Host/Server Workshop and pass the test at the end, each academic year
· follow all policies, procedures, and guidelines as found in Eph's Guide
Hosts are responsible to do the following:
· accept and carry out full responsibility of all aspects of the event including compliance with all Massachusetts State Laws concerning alcohol.
· comply with all registration form information.
· sign for alcohol at beginning of event (21-year-old).
· arrive sub-free at the start and remain sub-free through clean-up.
· call in Campus Safety just prior to the event's starting time to get the go-ahead to begin.
· ensure food and alternative beverages are available as per the registration form, throughout the duration of the event.
· check ID's at the point of entry to the event (one host minimum). In order for an of-age (21-years-old or older) individual to get a bracelet, two (2) forms of photo ID are required:
o Williams students must produce a Williams ID, plus a valid driver's license, passport, military ID, or alcohol ID card.
o Guests of Williams students are required to produce two forms of ID to verify age (one must be a valid driver's license, passport, military ID, or alcohol ID card).
· use the bracelets supplied by Campus Life to identify of-age guests.
· place a bracelet on the wrist of any guest who has been verified as being 21-years-old or older and who wants to consume alcohol.
· prevent intoxicated persons from entering the event.
· ensure that attendance does not exceed fire capacities & occupancy limits.
· monitors & control alcohol service & use.
· prevent minors from drinking alcohol.
· prevent alcohol from being passed to minors.
· prevent intoxicated persons from drinking more alcohol.
· ensure that guests don't leave with an open container.
· ensure that Servers are always present.
· ensure a secure area for the Servers & alcohol.
· ensure that any guest whose behavior is disruptive or creates an unsafe environment, or anyone who fails to comply with you in your role as a host or server, will be required to leave the event, enlisting the aid of Campus Safety if necessary.
· remove any guest from the event who fails to comply with Massachusetts law.
· enlist the aid of Campus Safety, when necessary, to ensure compliance with Massachusetts law.
· carry out additional tasks and responsibilities as assigned by the Event Coordinator.
· ensure that the event site is cleaned up and furniture is placed in its original location.
· call in Campus Safety at the end of the event to help secure alcohol & containers.
If compensated, the rate is $11/hour, paid by the sponsoring organization(s)
Servers are responsible to do the following:
· accept and carry out full responsibility of all aspects of the event including compliance with all Massachusetts State Laws concerning alcohol.
· comply with all registration form information.
· sign for alcohol at beginning of event (21-year-old).
· arrive sub-free at the start and remain sub-free through clean-up.
· use the bracelets supplied by Student Life to identify of-age guests.
· serve the alcohol only to of-age guests identified with a wristband.
· monitors & control alcohol service & use.
· prevent minors from drinking alcohol.
· prevent alcohol from being passed to minors.
· prevent intoxicated persons from drinking more alcohol.
· ensure a secure area for the alcohol.
· ensure that any guest whose behavior is disruptive or creates an unsafe environment, or anyone who fails to comply with you in your role as a server, will be required to leave the event, enlisting the aid of Campus Safety if necessary.
· remove any guest from the event who fails to comply with Massachusetts law.
· enlist the aid of Campus Safety, when necessary, to ensure compliance with Massachusetts law.
· carry out additional tasks and responsibilities as assigned by the Event Coordinator.
· ensure that the event site is cleaned up and furniture is placed in its original location.
· assist Campus Safety to secure alcohol & containers at the end of the event.
If compensated, the rate is $11/hour, paid by the sponsoring organization(s)
It is highly recommended that Hosts & Servers:
· double-check ID's at any time, regardless of the presence of a bracelet on the student.
· use the "ID Check Guide" book to verify authenticity of drivers' licenses.
· a blacklight/flashlight to check ID authenticity.
Cleaning Up
An important part of any event involves planning for clean-up. Student hosts and servers are responsible for the clean-up process. Always inspect the event area with a Campus Safety officer 30 minutes before the event begins, and carefully note any preexisting damage.
Clean-up Regulations:
· Pick up all trash both inside and outside buildings and bring it to the designated rubbish removal area.
· Sweep floor; vacuum carpets or rugs.
· Damp mop the floor at least twice, changing the mop water between mopping. With hardwood floors, use a minimal amount of water to avoid damaging the floor. Mop water solution should be 2 oz. of all-purpose cleaner per gallon of cold water.
· Do not replace carpets or furniture until the Custodian has had a chance to wet mop and apply floor finish.
· Clean-up must be completed by 12noon on the day after the event.
· Hosts may call Facilities to request additional time to complete the clean-up for an event as long as the clean-up process has been initiated.
In the event that the area is not cleaned sufficiently, as determined by the Custodial Supervisor in accordance with the above
directions, Facilities Services will clean up the event area and there will be hourly charges for the labor payable by the sponsoring
organization and/or the house. The sponsoring organization and/or the house will also be charged for whatever cleaning materials were used.
For more information on clean-up, contact Facilities Services at x2195.
Event Evaluation
After the event, student hosts and servers are encouraged to send an email to their Event Coordinator or to Ellen Rougeau in Student Life to provide an evaluation of how they felt the event went. Campus Safety also submits an evaluation of events via the daily Incident Report as needed or requested.
The Role of Campus Safety Officers at Student-Initiated Events with Alcohol
Campus Safety officers will be involved with any registered student event with alcohol. Minimally, a Campus Safety officer will:
· meet with the hosts/servers just prior to the event to review the registration plan and the event venue, to establish a communication plan for the evening with the hosts/servers, and to either give the OK to proceed with the event or determine that the event cannot proceed because it deviates from the registration plan
· stop by the event on occasion to ensure compliance
· offer assistance as requested or as necessary
· meet with the hosts/servers at the conclusion of the event to secure any remaining alcohol and to ensure that clean-up has happened or will happen by 12noon the following day
· provide an evaluation of the event from the officer(s)'s perspective on the following business day
However, there are times when an event will warrant an officer or officers to be assigned to the event; this may be determined by
Campus Safety or Student Life, or may be requested by the students coordinating the event. The following factors are always
considered: size of event; type of entertainment; other events occurring on campus; location of the event; history of the event
location, of the event theme, of the sponsoring group, etc.; amount and type of alcohol.
Campus Safety officers are not responsible for supervising, overseeing or regulating the consumption of alcohol. The responsibility rests with the host and servers and adherence to the law is the obligation of each individual guest. However, Campus Safety
officers will take appropriate action when deemed necessary; they will:
· assist the hosts and servers to ensure compliance with Massachusetts law concerning alcohol consumption.
· assist the hosts and servers with fire capacity limits.
· notify the hosts if underage drinking is suspected.
· directly intervene when requested by a host or server or when it is reasonable and prudent to do so.
· identify and report to Campus Safety supervisors the names of students who fail to comply with Massachusetts law.
· assist students to ensure that only members of the College community and their invited guests attend a event.
· shut down events that are excessively noisy or unruly, extend beyond the stated ending time, exceed fire capacity limits, or violate the terms of the event plan or event policy.
· assist in the event of any emergency.
· assist the hosts or servers when dealing with a disruptive or intoxicated guest.
· help the hosts or servers secure any alcohol remaining at the end of the event.
The College's Response to Underage Drinking
The Campus Safety Department has adopted a program for addressing concerns about underage drinking. An educational component, rather than a punitive approach, is the main focus of this program. At student events with alcohol, Campus Safety officers
take a more active role to assist hosts and servers and identify underage drinkers. The names of underage students who are
identified drinking at events will be submitted to the Director, Associate Director or Campus Safety Supervisor.
For an initial intervention, the underage student will be contacted and will meet with a Campus Safety supervisor. The initial meeting will concentrate on education concerning Massachusetts law; using fake identification and the penalties; host liability and
responsibility assumed by hosts and servers; and risk assessment. The goal is to raise awareness concerning compliance with
state law and to advise the student about any future violations and subsequent sanctions. Students may also be referred to a
Health Educator from the Health Center if it is determined that high-risk alcohol consumption is a contributing factor. Each case
will be handled on an individual basis to determine the appropriate follow-up. The Dean's Office will be notified and will become
involved when disciplinary action is necessary.
Referrals from Campus Safety to the Health Center will be made directly to the Director of the Health Center. A refusal by a student to meet with a Health Educator will result in a notification from the Health Center back to Campus Safety. Campus Safety will
then contact the Dean's Office for subsequent follow-up. There are various types of responses:
· Campus Safety handles the follow-up without referral
· Campus Safety handles the follow-up, and a referral is made to the Health Center
· a direct referral to the Health Center
· a direct referral to the Dean's Office
If the initial interaction originates at the Health Center, no referrals will be made to the Campus Safety Office. Any student directly seeking assistance from Health Services will be treated in a confidential manner.
Hearings by the Discipline Committee
Appeals by Students Accused of Misconduct
Overview
Allegations that a student has violated the Code of Academic Honesty are resolved by the Honor Committee. Allegations of other
kinds of student misconduct are normally investigated and resolved by the Dean of the College, who may impose any of a number
of sanctions, ranging from a letter of warning to expulsion from the College. A student who wishes to contest the factual basis of a
Dean's disciplinary decision or the appropriateness of a sanction may appeal the decision within ten days after receiving the
Dean's letter formally informing the student of the decision. Appeals are resolved by the Discipline Committee, which consists of
eight student members elected by their peers, eight faculty members appointed by the Dean of the Faculty, and the Dean of the
College ex officio. An appeal is initiated when the appellant informs both the Dean and the Chair of the Discipline Committee that
he or she wishes to appeal. The Chair works with the Dean to convene a hearing by a panel drawn from among the members of the
committee. Hearings are confidential. The panel hears the case in its entirety and reaches an independent decision as to whether
the student has violated the community's standards of conduct or College policy and, if necessary, determines an appropriate
sanction. The panel makes its decisions without reference to civil or criminal court proceedings. Decisions of the panel are final;
an appellant cannot afterwards choose to revert to the Dean's initial decision.
Hearings
A hearing should be held as soon as practicable. The appellant is apprised in writing by the Dean of the case to be made against
him or her and of the witnesses who will appear against him or her, and is allowed a reasonable amount of time to prepare a
defense and solicit witnesses on his or her behalf. The Chair appoints a hearing panel, drawing four students and four faculty from
among the members of the Discipline Committee; the Dean attends ex officio but does not participate in the panel's deliberations.
If the appellant feels that a member of the panel cannot hear the case objectively, he or she may challenge that member's participation in the hearing. Members of the committee may ask to be recused if they feel unable to judge the case objectively. Acquaintance, ties of friendship, or previous knowledge of the case alone are not in themselves sufficient grounds for challenge or recusal. The Chair decides if there are sufficient grounds for challenge or recusal. If the Chair is challenged, the next most senior faculty member of the committee decides the challenge and assumes the chair if the challenge is agreed to. If challenges or recusals are accepted, the Chair draws alternates from among the members of the Discipline Committee; it is not necessary to have equal numbers of student and faculty to constitute a panel.
The appellant may be accompanied by an advisor drawn from among current faculty, staff, and students of the College; attorneys are not permitted to attend hearings. The appellant may consult with his or her advisor at any time during the hearing, but the advisor may not address the committee or witnesses. If an aggrieved party appears as a witness, he or she may also be accompanied by an advisor, subject to the same conditions.
The conduct of the hearing and decisions regarding procedure are at the discretion of the Chair, who is free to act flexibly within the confines of good order and fairness. The case against the appellant is presented by the Dean of the College (or by a designee), who may call witnesses and present evidence as deemed appropriate by the Chair. Both the appellant and the members of the panel may address questions to the Dean or to witnesses. The appellant may challenge any evidence adduced by the Dean or presented by witnesses. No witness may give testimony or present evidence in the absence of the appellant. However, the Chair may choose to accommodate any witness's concern for personal safety or fear of confrontation by allowing testimony to be given live from a remote location or in writing, or by facilitating indirect questioning, so long as the appellant's right to pose questions to the witness is preserved. The appellant may call witnesses and present evidence pertinent to the case. A limited number of character witnesses on behalf of the appellant are permitted, but it should be noted that the panel is interested primarily in the facts of the case, rather than in the appellant's general moral character. The Dean and members of the panel may address questions to the appellant's witnesses. Witnesses usually appear one at a time but may be recalled by the Dean, by the appellant, or by the panel to answer additional questions and may be informed of the testimony given by other witnesses.
After all evidence and testimony have been presented, the appellant is given a final opportunity to address the panel. The panel, excluding the Dean, retires to deliberate. The panel resolves three issues: whether the conduct of which the appellant is accused is a violation of College standards or policy; whether there is a preponderance of evidence that the appellant committed the conduct in question; and, if necessary, what sanction is to be imposed as a consequence. The panel has available to it the full range of disciplinary sanctions, including, but not limited to, a letter of warning, a term of disciplinary probation, suspension from the College, and expulsion from the College. A majority of one-half plus one of panel members voting is required for a decision. A majority of three-quarters of members voting is required for expulsion from the College. The Chair of the panel informs the appellant, the Dean, and any aggrieved party of its decision. The Dean is responsible for enforcing any sanction imposed by the panel.
The appellant or the Dean may petition the Discipline Committee for reconsideration only on the basis of grossly improper procedure or dispositive new evidence not available at the time of the hearing. The committee will decide whether to reconsider by majority vote. A decision to reconsider reinitiates the appeals process in its entirety.
Appeals by Aggrieved Parties
Overview
Any member of the college community-faculty, staff, or student-may bring a complaint of student misconduct to the Dean of the
College. Such complaints are investigated and resolved by the Dean, who may impose sanctions as described above. Complainants who feel they have in some way been injured personally are considered "aggrieved parties." Aggrieved parties are routinely
informed of the Dean's resolution of their complaints. An aggrieved party who wishes to dispute the Dean's resolution of a complaint may appeal that decision within ten days of having been informed of the Dean's decision. Appeals are resolved by the
Discipline Committee by means of a hearing in much the same fashion as appeals made by students accused of misconduct (see
above). The decision of the hearing panel is final; an aggrieved appellant cannot afterwards choose to revert to the Dean's initial
decision. Neither the aggrieved appellant nor the accused student can appeal the decision except on grounds of dispositive new
evidence not available at the time of the hearing or grossly improper procedure.
Hearings
A hearing should be held as soon as practicable. The aggrieved appellant informs the Dean, the Chair, and the accused student in
writing of the case to be made against the accused student, of the witnesses whom the aggrieved appellant will call, and of the
nature of the testimony they will give. The accused student is allowed a reasonable amount of time to prepare a defense and
solicit witnesses on his or her behalf. The Chair has broad discretion to rule out witnesses or evidence as irrelevant. The Chair
appoints a hearing panel, drawing four students and four faculty from among the members of the Discipline Committee; the Dean
attends ex officio but does not participate in the panel's deliberations.
If the either the aggrieved appellant or the accused student feel that a member of the panel cannot hear the case objectively, he or she may challenge that member's participation in the hearing. Members of the panel may ask to be recused if they feel unable to judge the case objectively. Acquaintance, ties of friendship, or knowledge of the case alone are not in themselves sufficient grounds for challenge or recusal. The Chair decides if there are sufficient grounds for challenge or recusal. If the Chair is challenged, the next most senior faculty member of the panel decides the challenge and assumes the chair if the challenge is agreed to. If challenges or recusals are accepted, the Chair draws alternates from among the members of the Discipline Committee; it is not necessary to have equal numbers of student and faculty to constitute a panel.
Both the aggrieved appellant and the accused student are entitled to be accompanied by an advisor drawn from among current faculty, staff, and students of the College; attorneys are not permitted to attend hearings. The aggrieved appellant or the accused student may consult with his or her advisor at any time during the hearing, but advisors may not address the panel or witnesses.
The conduct of the hearing and decisions regarding procedure are at the discretion of the Chair, who is free to act flexibly within the confines of good order and fairness. The case against the accused student is presented by the aggrieved appellant, who may call witnesses and present evidence as deemed appropriate by the Chair. The Dean, the accused student, and the members of the panel may address questions to the aggrieved appellant or to witnesses. The accused student may challenge any evidence adduced by the aggrieved appellant or presented by witnesses. The aggrieved appellant, accused student, and the panel may address questions to the Dean. No witness may give testimony or present evidence in the absence of the accused student. However, the Chair may choose to accommodate any witness's concern for personal safety or fear of confrontation by allowing testimony to be given live from a remote location or in writing, or by facilitating indirect questioning, so long as the accused student's right to pose questions to the witness is preserved. The accused student may call witnesses and present evidence pertinent to the case. A limited number of character witnesses on behalf of the accused student are permitted, but it should be noted that the panel is interested primarily in the facts of the case, rather than in the accused student's general moral character. The Dean, the aggrieved appellant, and the members of the panel may address questions to the accused student and to the accused student's witnesses. Witnesses usually appear one at a time but may be recalled by the aggrieved appellant, by the accused student, or by the panel, to answer additional questions and may be informed of the testimony given by other witnesses.
After all evidence and testimony have been presented, the aggrieved appellant is given a final opportunity to address the panel. The accused student is then given a final opportunity to address the panel in the absence of the aggrieved appellant. The panel, excluding the Dean, retires to deliberate. The panel resolves three issues: whether the conduct of which the accused student is accused is a violation of College standards or policy; whether there is a preponderance evidence that the accused student committed the conduct in question; and, if necessary, what sanction is to be imposed as a consequence. The panel has available to it the full range of disciplinary sanctions, including, but not limited to, a letter of warning, a term of disciplinary probation, suspension from the College, and expulsion from the College. A majority of one-half plus one of panel members voting is required for a decision. A majority of three-quarters of members voting is required for expulsion from the College. The Chair of the panel informs the aggrieved appellant, the accused student, and the Dean of its decision. The Dean is responsible for enforcing any sanction imposed by the panel.
The accused student, aggrieved appellant, or the Dean may petition the Discipline Committee for reconsideration only on the
basis of grossly improper procedure or dispositive new evidence not available at the time of the hearing. The committee will decide whether to reconsider by majority vote. A decision to reconsider reinitiates the appeals process in its entirety.
HIV/AIDS Policies, Procedures, and Education Programs
This document is intended to refer to the entire spectrum of conditions which are associated with the Human Immunodeficiency Virus (HIV). Specifically, it refers to Acquired Immune Deficiency Syndrome (AIDS) and infection with the HIV as indicated by a positive antibody test.
I. Policies and Procedures
A. Students
Policy: Standard medical rules of confidentiality will apply to cases of student(s) with HIV/AIDS; i.e., the privacy of the student will be protected in accordance with the procedures outlined here.
This policy applies also to any external requests for information about student(s) such as applications for health insurance, references, et al.
Procedures:
1. Though students are encouraged to report disease to the Health Service, they are not required to do so. Should HIV/AIDS come to the attention of the Director of Health either through the self- reported medical history that all entering students complete, or otherwise, the Director of Health will establish an appropriate medical care plan with the student, but the College will not ordinarily restrict the privileges or activities of the student in any way.
2. Ordinarily, information about a student with HIV/AIDS will be given to no other person or office at the College without the student's permission. Should the Director of Health feel that others need to be informed, s/he will work with the student in a confidential manner to encourage the student to inform that person or office. Should a student with HIV/AIDS wish to have his or her medical condition known to others, the student may do so.
3. Any judgment about a student's continuation at the College based on his/her health or risk to others will be made by the Director of Health in consultation with the appropriate member(s) of the President's Senior Staff and legal counsel.
4. Since AIDS is a reportable disease, the Director of Health must report AIDS to the Massachusetts Public Health Service when a case comes to his/her attention.
5. Should medical referrals of persons with HIV/AIDS be necessary, the Director of Health, with permission of the student, will pass along the appropriate clinical information.
B. Employees
Policy: Standard medical rules of confidentiality will apply to cases of employees with HIV/AIDS; i.e., the privacy of the employee will be protected in accordance with the following procedures.
This policy applies also to any external requests for information about an employee such as applications for health insurance, references, et al.
Procedures:
1. Prospective and present employees are not required to report diseases to the College.
Should the fact that an employee has HIV/AIDS come to the attention of the Director of Health, the Director will confer with the employee to make sure that the employee has established an appropriate medical plan with his or her primary physician and/or a specialist in HIV/AIDS, but the College will ordinarily take no administrative action regarding the employee. Should an employee with HIV/AIDS wish to have his or her medical condition known to others, the employee may do so.
Since AIDS is a reportable disease, the Director of Health must confirm that the Massachusetts Public Health Service has been informed.
2. A diagnosis of HIV/AIDS by itself is not a clinical cause for termination or for a change in conditions of employment including location of employment. The concern of the College shall be for the employee and his/her risk of exposure to primary and secondary infections. In cases of requests by fellow employees for changes in jobs for fear of acquiring HIV/AIDS, the person with HIV/AIDS will not be displaced and the fellow employee(s) will be provided with education and counseling about the disease. No transfer should be assumed.
3. Any judgment about an employee's continuation at the College based on his/her health or risk to others will be made by the Director of Health in consultation with the appropriate supervisor, Director of Human Resources, member(s) of the President's Senior Staff and legal counsel.
4. Ordinarily, information about an employee with HIV/AIDS will be given to no other person or office at the College without the employee's permission. Should the Director of Health feel that others need to be informed, he/she will work with the employee in a confidential manner to encourage the employee to inform that person or office.
II. Education Programs
The Director of Health and the Health Educator will continue to work with appropriate student groups. The Health Center will make information about HIV/AIDS available to all students and employees.
The Director of Health and the Health Educator will meet with the President's Senior Staff and Administrative Group as appropriate and be available for educational sessions with supervisors in Facilities, Dining Services, Campus Safety and Security, laboratory staffs, coaches and other administrative and academic offices or groupings.
The Director of Health will maintain current information about the disease and share such information periodically with the community.
Mission and Purposes Statement
(The following description arises on its surface from public statements made by Williams presidents and others associated with the College, from which it borrows, and at a deeper level from the felt experience of students, faculty, staff, alumni, and parents over many decades. It was approved by vote of the Board of Trustees on April 14, 2007.)
Williams seeks to provide the finest possible liberal arts education by nurturing in students the academic and civic virtues, and their related traits of character. Academic virtues include the capacities to explore widely and deeply, think critically, reason empirically, express clearly, and connect ideas creatively. Civic virtues include commitment to engage both the broad public realm and community life, and the skills to do so effectively. These virtues, in turn, have associated traits of character. For example, free inquiry requires open-mindedness, and commitment to community draws on concern for others.
We are committed to our central endeavor of academic excellence in a community of learning that comprises students, faculty, and staff, and draws on the engagement of alumni and parents. We recruit students from among the most able in the country and abroad and select them for the academic and personal attributes they can contribute to the educational enterprise, inside and outside the classroom. Our faculty is a highly talented group of teachers, scholars, and artists committed deeply to the education of our students and to involving them in their efforts to expand human knowledge and understanding through original research, thought, and artistic expression. Dedicated staff enable this teaching and learning to take place at the highest possible level, as do the involvement and support of our extraordinarily loyal parents and alumni.
No one can pretend to more than guess at what students now entering college will be called upon to comprehend in the decades ahead. No training in fixed techniques, no finite knowledge now at hand, no rigid formula can solve problems whose shape we cannot yet define. The most versatile, the most durable, in an ultimate sense, the most practical knowledge and intellectual resources that we can offer students are the openness, creativity, flexibility, and power of education in the liberal arts.
Toward that end we extend a curriculum that offers wide opportunities for learning, ensures close attention of faculty to students but also encourages students to learn independently, and reflects the complexity and diversity of the world. We seek to do this in an atmosphere that nurtures the simple joy of learning as a lifelong habit and commitment.
We place great emphasis on the learning that takes place in the creation of a functioning community: life in the residence halls, expression through the arts, debates on political issues, leadership in campus governance, exploration of personal identity, pursuit of spiritual and religious impulses, the challenge of athletics, and direct engagement with human needs, nearby and far away.
To serve well our students and the world, Williams embraces core values such as welcoming and supporting in the College community people from all segments of our increasingly diverse society and ensuring that College operations are environmentally sustainable.
From this holistic immersion students learn more than they will ever know. Such is the testimony of countless graduates-hat their Williams experience has equipped them to live fuller, more effective lives. Ultimately, the College's greatest mark on the world consists of this: the contributions our alumni make in their professions, their communities, and their personal lives.
Therefore, we ask all our students to understand that an education at Williams should not be regarded as a privilege destined to create further privilege, but as a privilege that creates opportunities to serve society at large, and imposes the responsibility to do so.
At the same time, being itself privileged by its history and circumstances, Williams understands its own responsibility to contribute by thought and example to the world of higher education.
Non-Discrimination Policy and Grievance Procedures 1
INTRODUCTION
Williams College does not permit discrimination on the basis of race, color, sex, national origin, religion, age, disability, marital status, sexual orientation, gender identity or expression, ancestry, or military service. Any member of the College community who on any of these grounds feels discriminated against by another member of the community should take action. Should the matter involve a faculty appointment renewal decision, the range of appropriate action and the type of further redress open to the complainant are those described in Section II-C of the Faculty Handbook. In all other cases, the complainant should use the following procedures.
The complainant should report the incident as soon as possible and preferably within a month of its occurrence, since prolonged delay may complicate the presentation of evidence in the grievance procedures. Complainants have, however, up to two years to report alleged discriminatory behavior, and even this period may be extended with the approval of the appropriate executive officer. The procedures governing discrimination have four components-advising, informal grievance, formal grievance, and appeal-each of which is described below. Complainants are free to withdraw or proceed at any stage of the process. The College will treat the identity of the parties and the substance of the claims as confidential throughout, except as is reasonably necessary to carrying out the procedures and to ensuring the safety of everyone at the College. College policy explicitly prohibits retaliation, academic or otherwise, against employees or students for bringing complaints of discriminatory behavior.
I. ADVISING PROCEDURE
Whenever someone has experienced an incident that could be a form of discrimination, talking about the incident soon thereafter with a trusted advisor or friend can be helpful. Members of the College community such as health staff and counselors, assistant and associate deans, human resources officers, chaplains, and the Affirmative Action Officer are available for consultation. Among them are a number of people who have training in sexual harassment counseling. This group includes also two faculty, two staff, and two student advisors appointed yearly by the President, who invites nominations from the community. The names of the College advisors are listed in print and online in the Student Handbook; Williams College Bulletin, Catalog edition; The Williams Directory; the pamphlet on sexual discrimination, Understanding Sexual Harassment; and the websites of the Dean of the College and the Vice President for Strategic Planning and Institutional Diversity. Their names are also published semi-annually online in the Daily Messages and printed in the Daily Advisor.
A student, faculty, or staff member who seeks advice on matters related to discrimination is free to consult with any of the College's advisors. Depending on the wishes of the advisee, the advisor's role may include any of the following informational or supportive activities: listening to and discussing the incident with the advisee; helping the advisee decide whether to try to resolve the situation on her or his own; helping the advisee understand the College's discrimination grievance procedures. The advisee may choose at any point not to pursue the matter any further, and the College is not required to take any further action during the advising phase, except when in its judgment the circumstances present a danger to the individual or to others. Advising activities of this kind are not part of the actual discrimination grievance procedures, which require that a complaint be officially filed, as described in the Informal Grievance Procedure below. Only complaints that do proceed to the informal stage are certain to come to the attention of the appropriate authorities. The advisor keeps no record of the consultation. A person who feels discriminated against may proceed directly to the informal grievance procedure, whether or not he or she has consulted an advisor.
Should the advisee decide to proceed, the advisor's role may also include accompanying the advisee (now the complainant) through any subsequent College discrimination grievance procedures, should he or she want the advisor present. The respondent may also consult with any of the College advisors, except the one chosen by the complainant. The advisor's role continues to be that of a facilitator who provides information and support. The complainant may bring a draft of the statement of allegations (see Informal Grievance Procedure, paragraph 2) to the advisor to consult about how to express clearly what he or she wishes to say. The respondent, should he or she proceed to the appeal stage, may similarly consult with a College advisor about the statement of reasons for the appeal. The advisor may discuss procedural matters with the executive officers involved in the case, but may not investigate, or attempt to mediate or resolve the complaint. Like all other participants, the advisor is expected to respect the confidentiality of the proceedings.
II. INFORMAL GRIEVANCE PROCEDURE
A person who is considering filing a complaint regarding discriminatory behavior should meet as soon as possible with the appropriate administrator (i.e., either the pertinent executive officer or affiliated staff) The administrator will, if so requested, help the person decide whether the allegation falls within the scope of these grievance procedures, answer any questions regarding the procedures themselves, or provide any information that might help the person decide whether to file a complaint and thereby initiate an investigation.
If the person then chooses to file a complaint, he or she will send to his or her executive officer a written statement of allegations. The complainant's executive officer will provide the complainant with a written set of guidelines indicating the kinds of information that the statement should contain. The respondent's executive officer will be responsible for giving the respondent a copy of the statement of allegations and for answering any questions regarding the procedures themselves. The complainant's executive officer and the executive officer of the person charged with the offense will oversee the entire informal stage. In doing so they may need to confer with and delegate responsibilities to members of their staffs. They will also inform the Affirmative Action Officer that a complaint has been filed. In conducting the investigation, the respondent's executive officer should consult his or her file of complaints of discrimination to determine whether it contains any information about the respondent that is relevant to a judgment concerning the present case or to the terms of its resolution.
After the investigation has been concluded the executive officers will reach a finding and report it to both the complainant and the respondent. If the finding indicates that the respondent did not violate the College's policy, or that the evidence is inconclusive, the complainant may, if dissatisfied with the finding, instruct his or her executive officer to begin formal grievance proceedings. If the complainant chooses not to request formal proceedings, the case is dismissed. If, on the other hand, it is the judgment of the executive officers that the respondent committed the act(s) alleged by the complainant and thereby violated College policy, they will seek an informal resolution of the complaint. They will also, if the respondent is a faculty or staff member, confer with his or her department supervisor. The complainant's executive officer will keep the complainant informed of any progress made in resolving the grievance, reporting to the complainant within one month of the filing of one the complaint. This period may be extended beyond one month if the complainant and his or her executive officer agree that an extension is needed.
To be successful, the terms of the resolution proposed by the executive officers must be acceptable to both the complainant and the respondent. The executive officers will put those terms in writing, giving a copy to the complainant and another to the respondent. Each party will have one week to indicate his or her acceptance of the terms as constituting a satisfactory resolution of the grievance by returning a signed copy to the executive officers. Upon receipt of both signed copies, the respondent's executive officer will place them in his or her file of complaints of discrimination and take such actions as are called for in the resolution.
The executive officers' attempt at an informal resolution will have failed if either the complainant or the respondent chooses not to accept the terms proposed. If the complainant does not accept them, he or she may, again within a week of receiving the proposed terms in writing, instruct the complainant's executive officer to begin formal grievance proceedings, and the grievance committee will hear the case following the regulations stipulated below (see Formal Grievance Procedure). In cases where the respondent is a faculty member and the finding is extremely serious, the complainant may waive his or her right to have the case heard before a formal grievance committee to enable the executive officers, if they so recommend, to initiate proceedings for the imposition of a major sanction (dismissal or suspension), as described in the Faculty Handbook in Section II-U and V. Should the complainant choose to withdraw the complaint, the executive officers may, depending on their findings, decide nevertheless to impose sanctions on the respondent. If the executive officers so decide, and the respondent believes that their findings are unwarranted or their proposed sanctions unjust, he or she may appeal the executive officers' decision as specified in the Appeal Procedure below.
III. FORMAL GRIEVANCE PROCEDURE
The committee that hears cases of alleged discrimination is the Discipline Committee when both parties are students The formal mechanism for hearing all other allegations of discriminatory behavior, except those involving faculty appointment renewal decisions (which are handled by the Committee on Appointments and Promotions and by the faculty Steering Committee), is a grievance committee constituted for each particular case. This committee is drawn from a Standing Panel of thirty-two people, which the President appoints annually, whose members stand ready to serve in this capacity. The membership of the Standing Panel is constituted as follows:
D One minority faculty member and one minority staff member appointed annually by the President.
D The twelve faculty members elected by the faculty to serve on the Faculty Review Committee.
D Those staff members who are appointed annually to two similar panels by the Provost and the Vice-President for Finance and Administration, each of which has six members.
D Six students, appointed by the College Council, two of whom shall be the minority representatives to the College Council.
The President shall also annually appoint, from among the membership of the Standing Panel, one faculty member and one staff member, who will stand ready to chair the grievance committee constituted to hear a particular case. The chair will vote only to break a tie.
The grievance committee appointed by the President to hear a particular case shall be constituted from the membership of the Standing Panel as follows. If one of the parties is a student and the other faculty or staff, the committee shall have seven members, three from the same College category (student, faculty, staff) as the complainant, three from that of the respondent, and a chair. If one of the parties is a member of the faculty and the other a member of the staff, the committee shall likewise have seven members: a chair, three faculty members, and three staff members, at least one of whom shall be from the same job category as the staff member who is a party to the case. If both parties are faculty, the committee shall have five members, four from the Faculty Review Committee and a chair. If both parties are staff, the committee shall similarly have five members, a chair, and four members drawn from one or both of the panels appointed by the Provost and Vice President for Finance and Administration. At least one of those members shall be from the same job category as each of the parties involved. When the case involves faculty, both non-tenured and tenured faculty shall be included in the membership of the grievance committee. The faculty chair of the Standing Panel will preside in all cases involving faculty, and the staff chair in all cases involving staff, unless the case involves faculty and staff, when the chair shall be from the same College category as that of the complainant. The President shall strive to represent the diversity of the Williams community in appointing a committee to hear a particular case. Depending on the nature of the allegation, the President shall also strive to assure representation of the relevant groups protected by the College's non-discrimination statement. If unable to convene a committee with appropriate representation from among the members of the Standing Panel, the President may appoint up to two members not on the Standing Panel.
At or before the first meeting of the grievance committee constituted to hear a particular case, the chair, or any member of the committee may, at his or her own initiative, excuse himself or herself from the case because of potential bias or conflict of interest. If the chair asks to be excused, the President appoints for that case a chair pro tempore. Either party to the case may request members of the committee to withdraw from hearing a case on grounds of potential bias or conflict of interest. Should disagreement arise about a request for the disqualification of a particular member, the other members of the committee shall resolve the matter by majority vote. In the event that a member withdraws or is disqualified, the President shall appoint a replacement.
The grievance committee will conduct its hearings in private, keeping its proceedings, findings, and recommendations strictly confidential. A member of the grievance committee shall be designated by its chair to maintain minutes of its proceedings. Neither party to the case may mechanically record or stenographically transcribe the hearings. All decisions of the committee shall be made by majority vote, with the chair voting only to break a tie.
The committee will proceed as follows in order to protect the rights of both parties to the case and to assure the fairness of the College's procedures:
1. The respondent will receive a copy of the complainant's statement of allegations in advance of the first meeting of the committee, if he or she has not already received one.
2. Both parties will receive sufficient notice of the time and place of the hearing to allow for preparation of the case.
3. Both parties have the right to be present when the case is heard.
4. Both parties have the right to present evidence and to call a reasonable number of witnesses. Witnesses may be present only when they are actually testifying or being questioned.
5. Both parties have the right to question all witnesses.
6. The only sexual history that is admissible as evidence is that which exists between the two parties, and then only if the case involves sexual discrimination.
7. The grievance committee may request the executive officer of the respondent to testify whether the file of complaints of discrimination that he or she maintains contains information concerning the respondent that is relevant to a judgment concerning the present case or to its disposition.
8. Each party has the right to an advisor of his or her choice from the student body, faculty or staff of the College, who may help with the preparation of the case, who may be present when the case is heard, and who may confer with the advisee during the hearing. The advisor, however, may not address the grievance committee or question witnesses. The advisor may, but need not, be chosen from among the College advisors (see Advising Procedure). Neither party may be represented at the hearing by legal counsel.
The committee makes a finding as to whether or not the act alleged in the complaint, should it have taken place, would be a violation of the College's policies against discrimination. If so, the committee also makes a finding as to whether the accused faculty or staff person actually committed the alleged act. The committee then reports its finding(s) and a summary of the reasons for its judgments in a written statement sent to the complainant, the respondent, and their executive officers no later than two weeks after the hearings conclude. In the event that both of the findings are affirmative, the committee also sends to the executive officers a recommendation of appropriate courses of action to remedy the harm done to the complainant and to protect other members of the College community, including a recommendation, if necessary, of any disciplinary action to be taken against the respondent. When the committee's decisions are not unanimous, the report shall record both majority and minority opinions. The report shall be signed by all members of the committee.
If the complaint of discrimination involves grading, the grievance committee shall, at its discretion, call upon appropriate members of the Williams faculty for advice and shall have access to any information, including student records, it deems necessary. The laws governing access to individually identifiable student records require, however, that such information come to the committee through an officer of the College, i.e., the Dean of the College. If the committee judges an assigned grade to be the result of discrimination, the committee will recommend to the executive officers either a revised grade or a procedure for assigning a new grade. Nothing in these procedures shall infringe upon an instructor's responsibility for his or her own grading so long as that grading does not violate the College's non-discrimination policy.
The executive officers shall consider the grievance committee's finding(s), report, and recommendations (if any). The executive officers shall also consider any information about the respondent in the file of complaints of discrimination, to which the executive officer of the respondent has access that is relevant to a judgment concerning the present case or to its disposition. If the executive officers reach conclusions that differ from those of the grievance committee, they will state their reasons for having done so, in writing, to the committee, providing the committee with an opportunity to reply before taking action. If, after considering the grievance committee's reply, the executive officers conclude that the respondent did not violate the College's non-discrimination policy, or that the evidence is not sufficient to substantiate the allegation, the case shall be dismissed. If they conclude that a violation has occurred, they will, normally within a period of one month after receiving the committee's report, submit a written statement of their finding(s), and of the actions they plan to take, to the committee, the complainant, the respondent, and the respondent's department supervisor.
The complainant will have exhausted the College's discrimination grievance procedures at the close of the formal stage. The respondent has the right to appeal the executive officers' proposed disposition of the case, unless the executive officers have instituted proceedings to suspend or dismiss a faculty member, as the Appeal Procedure below explains. If the respondent chooses not to appeal, the executive officers shall then act to remedy the harm done to the complainant, to protect the College community, and to take appropriate disciplinary action against the respondent. Copies of the executive officers' written reports will be placed in the file of complaints of discrimination maintained by the Respondent's executive officer.
IV. APPEAL PROCEDURE
The formal grievance procedure constitutes the complainant's appeal. The respondent may appeal the executive officers' disposition of the case in the manner described below, unless the executive officers have initiated proceedings for the dismissal or suspension of a faculty member, in which case the matter shall be referred to the President and the Committee on Appointments and Promotions in accordance with the procedure governing the imposition of a major sanction, as described in the Faculty Handbook, Section II-V. This procedure includes an appeal option of its own. In all other cases, a respondent who is dissatisfied with the executive officers' finding of discriminatory behavior and/or the actions they have proposed may appeal at one of two points: at the conclusion of the informal proceedings, if the complainant has withdrawn; or at the conclusion of the formal proceedings, if the complainant has taken the case to a grievance committee. Should the respondent (hereafter the appellant) choose to appeal, he or she must submit a written statement explaining the reasons for the appeal within one month of receiving the executive officers' statement of the findings and the action proposed. The complainant is no longer party to the case but may be called upon as a witness.
When the appellant is a student, and the complainant who had filed the charge of discriminatory behavior is a member of the faculty or staff, the statement explaining the reasons for the appeal should be sent to the President, whose resolution of the case shall be final. When the appellant is a staff member, the statement of the reasons for the appeal should in all cases be sent to the President, whose resolution of the case shall again be final. The President shall report his or her decision(s), in writing, to the appellant and to the executive officers involved in the case. If during the formal stage the case had been brought before a grievance committee, the President shall send to the grievance committee and to the original complainant the statement of reasons for the appeal and report to the committee his or her findings and final resolution of the case. The executive officer of the appellant shall place the statement of reasons for the appeal and the President's report to the appellant and the executive officers in the file of complaints of discrimination he or she maintains, providing a full record of the final disposition of the case.
When the appellant is a member of the faculty, he or she should send the statement explaining the reasons for the appeal to a faculty hearing committee, which shall be constituted and conduct its business according to the procedures described in the Faculty Handbook in Section II-V. Upon the conclusion of those procedures, however, the following reporting mechanisms shall be added to those stipulated in Section II-V. In cases that had come before a grievance committee at the formal stage, the hearing committee and, where applicable, the President, shall report to the grievance committee and the original complainant the following: the statement of reasons for the appeal; the hearing committee's findings and its recommendation, if any, to the President; the final resolution of the case. In all cases, the Dean of the Faculty shall place in his or her file of complaints of discrimination the statement of reasons for the appeal and the report(s) to the faculty member from the hearing committee and, where applicable, the President, providing a full record of the final disposition of the case.
V. REPORTING AND FURTHER ACTION
If at any point during the discrimination grievance procedures, the respondent's behavior threatens immediate harm to others members of the community, he or she may be temporarily suspended, without prejudice. The need for and the conditions of the temporary suspension shall be decided by the President in consultation with the Dean of the College, if the respondent is a student; with the Vice-President for Finance and Administration, if the respondent is a member of staff; and with the Committee on Appointments and Promotions, if the respondent is a member of the faculty. Ordinarily, the suspension for faculty or staff will be with pay.
In the event that a criminal case is brought in which the factual issue is the same as that currently within the College's internal procedures, the internal procedures may be temporarily suspended upon the request of the respondent.
At the beginning of each academic year, the executive officers who play a role in the discrimination grievance procedures, shall report to the College community the number of cases heard in the prior year and which of those cases, if any, came before a grievance committee. They shall specify any findings of discriminatory behavior, the resolution of the cases, and the disciplinary actions, if any, that were taken. They shall do so, however, in a way that protects the privacy of the parties to the case.
VI. RETALIATION PROHIBITED
Complainants who make complaints or bring charges of discrimination of any sort against another members of the College community many not be subjected to retaliation of any sort for having done so. Anyone who retaliates against a complainant in violation of this rule will be subject to disciplinary action through the established procedures of the College.
APPENDIX A
A SUMMARY OF THE SEQUENCE OF EVENTS AND OPTIONS IN THE DISCRIMINATION GRIEVANCE PROCEDURES
I. Advising
(a) The person who believes he or she may have been subjected to discriminatory behavior may but need not discuss the incident(s) with a College advisor. College advisors are also available to persons against whom a complaint has been filed.
II. Informal
(a) The person who believes he or she may have been subjected to discriminatory behavior may discuss the incident(s) with the appropriate administrator.
(b) The person may but need not file a complaint at the informal stage.
(c) To file a complaint the person submits a statement of allegations to his or her executive officer. The executive officers will then conduct an investigation and reach a finding. If they find the complaint unwarranted, the complainant may but need not request formal grievance proceedings. If the respondent is judged to have violated College policy, the executive officers attempt a resolution. Either party may refuse to accept the terms proposed.
(d) If both parties accept the terms, the resolution is successful and the case is settled. If the resolution fails, the complainant may ask for formal grievance proceedings or withdraw the complaint.
(e) If the complainant withdraws, the executive officers may decide to take action against the respondent on their own. The respondent may appeal the executive officers' decision.
III. Formal
(a) The grievance committee conducts a hearing and reaches a finding, reporting its finding and its recommendations to the executive officers, the complainant, and the respondent.
(b) The executive officers reach their own finding. If it differs from the committee's, they so inform the committee and provide it
with an opportunity to reply.
If the executive officers then find the respondent not to have violated the College's anti-discrimination policy, or if they find the
evidence insufficient, the case is dismissed.
(d) If, on the other hand, the executive officers find that the respondent violated the College's policy, they will report their finding and the actions they propose to take to the committee, the complainant, and the respondent. The respondent may appeal their finding and their proposed actions.
IV. Appeal
(a) The formal grievance proceedings constitute the complainant's appeal.
(b) The respondent may appeal at the conclusion of the informal proceedings if the complainant has withdrawn and the executive officers have proposed disciplinary action; or at the end of the formal grievance proceedings if the complainant has taken the complaint to a grievance committee.
(c) If the respondent is a student or staff member, the appeal will be heard by the President. If the respondent is a faculty member, the appeal will be heard by a faculty hearing committee.
APPENDIX B
GUIDELINES FOR PREPARING A WRITTEN STATEMENT OF ALLEGATIONS FOR COMPLAINTS OF DISCRIMINATORY BEHAVIOR
1. The statement should explain your past or present re1ationship(s), if any, to the respondent. Is or was the respondent your teacher? your student? a fellow student? a tenured member of your department? your supervisor? your employee? a co- worker? other?
2. The statement should describe the incident or incidents that led you to believe that you had been the object of discriminatory behavior. You should be as specific as you can be about the time and date of the alleged incident(s) and, in general, about the details of the incident(s).
3. The statement should also say why you think the behavior constitutes a violation of the College's anti-discrimination policy. If the behavior changed your educational or working environment in ways that interfered with your ability to receive an education or to do your job, you should explain the nature of the interference.
4. You should state whether you at any time spoke with the respondent about the incident, or about his or her behavior, and if so, what was said on the occasion.
5. You should indicate any evidence you possess that might support your allegations, such as communications from the respondent, or the names of people who witnessed the behavior, or with whom you spoke about the incident shortly after it occurred.
6. You may bring a draft of the statement of the allegations to a College advisor (see Advising Procedure) should you wish to consult with the advisor about how to express clearly what you wish to say.
APPENDIX C
REGULATIONS GOVERNING THE USE OF THE EXECUTIVE OFFICER'S FILE OF PRIOR COMPLAINTS BROUGHT AGAINST THE RESPONDENT
If a complaint of discriminatory behavior has been lodged against the respondent in the past, the following rules govern the use of the record of the prior case in the case under consideration:
(a) The executive officers may use information from the record in conducting the investigation. Nothing from the record, however, may be used as evidence in support of a finding as to whether the respondent in fact committed the act(s) currently is alleged. That determination must be based solely on the established facts of the case under consideration.
(b) If the respondent is found to have committed the alleged act(s), and is judged to have violated the College's anti-discrimination policy, a prior finding of discriminatory behavior, a prior warning, or prior instructions about what constitutes discriminatory behavior, may be used in determining the appropriate penalties or sanctions.
APPENDIX D
ADVISORY CONVERSATIONS AND THE COLLEGE'S NON-DISCRIMINATION POLICY
The following guidelines are for persons who have advising functions related to the College's Non-Discrimination Policy. As with all parts of the advising procedure, they are not part of the actual discrimination grievance procedures, which require that a complaint be officially filed. An "advisory conversation" is merely one of the options that College-designated advisors or other persons whose positions carry advising functions, such as chairs or managers of department or programs, might want to describe to an advisee whose situation resembles the following:
The advisee does not wish to file a complaint but does want the person whose behavior is at issue to be advised that he or she should be careful to avoid actions that could very well be innocent but could be misinterpreted.
An advisory conversation might be appropriate, in other words, when the advisee perceives the conduct to be ambiguous or innocent but nonetheless finds it dislocating. The guidelines are as follows:
Guidelines for Advisory Conversation
The advisee requests the conversation and the executive officer makes the decision as to whether an advisory conversation shall take place. The advisee, before deciding to recommend such a conversation, should be made aware of the following. His or her name will need to be made known to the executive officer. Depending on the circumstance of the case, the executive officer might also need to talk to the advisee, and the advisee's identity might need to be made known to the person whose behavior is at issue.
If the advisee wishes the conversation to take place, either the advisor and/or the advisee should discuss the matter with the executive officer of the person whose behavior is at issue. If the executive officer decides that an advisory conversation would be useful, the executive officer may choose to conduct it, or may delegate the responsibility to a member of his or her staff, or to another member of the faculty or staff, depending on who is likely to be the most appropriate and effective person. If the responsibility is delegated, the executive officer shall discuss what is to be said with the person who conducts the conversation and shall receive notice of its having taken place.
The executive officer or the delegated person shall inform the advisee that the conversation has taken place. Nothing else shall be conveyed to the advisee without the explicit permission of the person whose behavior is at issue. No record shall be kept of the conversation, unless the person whose behavior is at issue requests one, in which case he or she shall be given a copy. Such a record would have no "probative value" (i.e., it would provide no "proof" or "evidence" of discriminatory behavior concerning either the present situation or any future allegations of discriminatory behavior, should such be made).
Both the conversation, and the written record, if there is any, must make clear the following.
D That no charges of discriminatory behavior have been filed nor are any such allegations currently being made.
D That the case has not been investigated.
D That the behavior at issue may be entirely innocent.
D That the sole purpose of the conversation is to discuss for the sake of all concerned, the need to be careful about the impressions that even well-intentioned comments or contacts with students, faculty, or staff can have.
Footnotes for Non-Discrimination Policy and Grievance Procedures
1 For a summary of the most important stages in the discrimination grievance procedures, see Appendix A.
2 Throughout these procedures, a "complainant" is the person who has filed a complaint; the person against whom a complaint is filed is the "respondent."
3 For the Dean of the College the other administrators include the Associate and Assistant Deans; for the Dean of the Faculty they include the Associate Dean of the Faculty, the Provost, and the Vice President for Strategic Planning and Institutional Diversity; and for the Vice-President for Finance and Administration they include the Director of Human Resources and the Vice President for Strategic Planning and Institutional Diversity. If it is an executive officer whose behavior may be at issue, the person should discuss the alleged discriminatory behavior with the President, who will appoint a formal grievance committee, which will proceed as stipulated below, except that the committee will in this case make its report and recommendation to the President.
4 See Appendix B for the guidelines.
5 When both the complainant and the respondent belong to the same category (i.e., students, faculty, or staff) their executive officer and an affiliated staff member will oversee the proceedings.
6 Only the respondent's executive officer has access to the file, which contains information pertaining both to dismissed and to settled cases. See Appendix C for regulations governing the use of the file.
7 See Student Handbook, Disciplinary Proceedings.
8 See the opening paragraph of the Sexual Harassment Policy statement or the opening sentence of the Discrimination Grievance Procedures.
9 This refers to "Procedures for the Imposition of Sanctions Other Than Dismissal," which have been inserted into the current edition of the Faculty Handbook in Section II-V.
Rape, Sexual Assault and Sexual Misconduct
Massachusetts Law
Sexual assault against adults may constitute any one or more of several crimes, including in particular rape and indecent assault and battery. Under Massachusetts Law, both women and men may be victims of sexual assault and both may be assailants.
The criminal act of rape occurs when the offender "has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his [or her] will, or compels such person to submit by threat of bodily injury." (Massachusetts General Laws Chapter 265, Section 22). Rape may occur when the victim is unable to give consent because she or he is unconscious or because the victim's alcohol blood level negates her or his ability to give consent. Rape may occur between people who know each other, and between people who have previously had consensual sexual relations. Rape is punishable by up to twenty years imprisonment. Heavier penalties may apply if the rape causes serious bodily injury, is the result of a group attack, or occurs while the assailant commits certain specified crimes such as robbery. The crime of indecent assault and battery occurs when the offender, without the victim's consent, intentionally has physical contact of a sexual nature with the victim. This contact may include an offender touching the breasts, buttocks, or pubic area of a woman or man. Indecent assault and battery is punishable by up to five years imprisonment.
Williams College Code of Conduct
Sexual Assault will not be tolerated at Williams College. The Williams Code of Conduct forbids sexual assault as defined in Massachusetts law, and also enforces other expectations of our community. Williams is a community based on trust whose very existence depends on adherence to standards of conduct set by its members. Sexual assault is a crime punishable by both civil and criminal legal action and is a serious violation of the Williams College Standards of Conduct. Students at Williams are charged with the responsibility of being familiar and abiding by the standards of conduct set forth herein.
Sexual misconduct (which includes rape and sexual assault) is defined in the Williams Code of Conduct as follows.
Non-Consensual Sexual Intercourse: Any sexual intercourse (anal, oral or vaginal); however slight; with any object; by a man or a woman upon a man or a woman; without effective consent.
Non-Consensual Sexual Contact: Any sexual touching; however slight; with any object; by a man or a woman upon a man or woman; without effective consent.
Mutual Incapacitated Sexual Intercourse: Any sexual intercourse (anal, oral or vaginal); however slight; with any object; occurring between parties who are mutually incapacitated by the use of alcohol or other drugs.
Sexual Exploitation: Occurs when a student takes nonconsensual, unjust or abusive 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 rape, sexual assault, or sexual harassment. Examples of sexual exploitation include prostituting another student, nonconsensual video or audiotaping of sexual activity, going beyond the boundaries of consent (such as letting your friends watch you have consensual sex), engaging in peeping tommery, knowingly transmitting STD or HIV to another student, and inducing incapacitation with the intent to rape or sexually assault another student.
Consent:
Consent is a crucial part of both the Williams Code of Conduct and Massachusetts law.
Consent means that at the time of the sexual contact, words or conduct indicate freely given approval or agreement, without coercion, by both participants in the sexual contact. Both parties have the obligation to communicate consent or the lack of consent. A verbal "no" (no matter how indecisive) or resistance (no matter how passive) constitutes the lack of consent. In addition, consent once given may be withdrawn at any time. If consent is withdrawn, the other party must immediately stop whatever sexual contact is occurring.
An individual is unable to give consent if he or she is:
D substantially physically or mentally impaired by alcohol or drugs
D forced or threatened
D physically incapable of resisting assault, asleep, or unconscious
Unless an individual is substantially physically or mentally impaired, consent while under the influence of alcohol or drugs is valid consent.
As is the case with other violations of the Code of Conduct, the use of alcohol or drugs does not minimize or excuse a person's responsibility for sexual assault.
What To Do if You Are Assaulted
Williams offers assistance to survivors of sexual assault through the services of the Sexual Assault Survivor Services. The team
consists of non-student members of the campus community representing various departments. Upon notification that an assault
has occurred, a SASS member will respond immediately and be available to provide counseling and support to the survivor. The
SASS member will work with the survivor to ascertain medical needs, reporting options and ongoing counseling opportunities.
This team of trained professionals is available 24 hours a day and can be reached through Campus Safety at x4444 or by calling 441-6783 directly.
If you are assaulted:
The time after an assault can be very upsetting and also confusing. It can be hard to figure out what steps you want to take. There are many people on an off campus who can help. Once you are in a place where you are physically safe, you may want to start by calling Sexual Assault Survivor Services (413-441-6783). A SASS advisor can help you decide on next steps. Here are some of the core steps you may want to consider.
1. First and foremost, getting to a safe place. If you feel you are in any danger, call 911. You can also call campus safety and security (x4444) the Williamstown Police ( 9-458-5733 ), or Sexual Assault Survivor Services (441- 6873). Campus Safety and Security can put you in touch with a Dean on Call, with a Sexual Assault Survivor Advisor, or with a Counselor on Call any time, 24/7.
2. Getting medical attention. A SASS advisor can go with you or help you decide on your best options. Medical help is available at the Health Center and at North Adams Regional Hospital. Campus Safety and Security can give you a ride to the hospital, or a SASS advisor or trusted friend can take you. It is important to seek medical assistance immediately to make sure you are physically okay. At this time (or within 72 hours of the assault) and with your permission, a specially trained member of the hospital Emergency Department may collect evidence of the assault by using a Rape Kit. The collection of evidence is important in the event you decide to take legal action against the assailant. Women survivors of sexual assault should also receive information about the morning-after-pill to reduce chances of pregnancy. Even if 72 hours have expired, medical attention is still of great importance to check for sexually transmitted diseases, pregnancy, etc. No costs for the above exam or tests will be billed to you or to your insurance company.
3. Getting support and/or counseling. Talking with a trained counselor can help you deal with the effects of the sexual assault.
Counselors with training in helping survivors of sexual assault are available at:
Williams College Health Center x2206
Williams College Psychological Counseling x2353
Rape and Sexual Assault Network of Williams x4100
Elizabeth Freeman Center 499-2425
Sexual Assault Survivor Services (SASS) 441-6783
Other resources that may be helpful include:
Peer Health x3140
Chaplain's Office x2483
Donna Denelli-Hess x3013
National Sexual Assault Hotline 1-800-656-HOPE
National Sexual Assault Online Hotline - https://ohl.rainn.org/online/
For a list of resources with particular focus on the needs of LGBTQ survivors, see http://barcc.org/information/resources-online/glbt
4. Report. You have three options for reporting a sexual assault:
OPTION ONE: Reporting On-campus
There are a number of offices where a report can be made. Campus Safety and Security x4444, the Dean's Office x4171 and the
Health Center x2206. Any of these initial contacts can help you decide on a next step or next steps. We encourage you to report an
incident to the College whether or not you want to pursue the case through the college's disciplinary system. There are several
reasons why this is important. First, the College has resources that you can use to deal with the incident. Second, it is important for
the College to know about an incident in order to maintain the safety of the community. Finally, the College offers a way to discipline the perpetrator if he or she is a member of the college community. The wishes of the student who has been sexually assaulted are likely to predominate in any decisions regarding investigation, complaint, or determined outcome except when there
is clear danger to one or more members of the community.
This on-campus option is not exclusive of other reporting options. All or some may be pursued concurrently. The Code of Conduct applies to students when they are off campus as well as on campus, and disciplinary sanctions can be applied to students who commit violations while off campus.
When you report an incident on campus, a Sexual Assault Survivor Advisor will be available to respond and will listen carefully to what you have to say. The first concern will be that you are taken care of both physically and emotionally. Depending on your needs and wishes, this could include steps such as making sure you get medical attention, having a supportive friend notified and having access to counseling. During this and subsequent meetings the primary role of the SASS member is to be supportive of you during this difficult time.
Once a report is made the Dean of the College is also notified. The Dean will need to make certain that community safety is addressed. If there is a danger to the community, the Dean will notify all members of the community. All colleges are required by Federal law-The Jeanne Cleary Act of 1998-to inform members of the campus about violent crimes that happen on campus. Usually this is done through an all-campus mailing that provides the general details of the assault (e.g. time, location, type of assault, a description of the assailant, if he/she has not been identified). The name of the survivor is never given. Every effort is made to inform the assault survivor before any mailing is distributed, and every effort is made to protect her or his identity.
The Dean can help in changing your academic and/or living situation if needed. The Dean will also discuss the disciplinary procedures at the College and will tell you about your right to report the incident to the police. That Dean will be available to talk with you in confidence and to assist you through the disciplinary process which will include an investigation of the incident to determine the facts of the case.
The disciplinary process for violations of the College code of conduct can be found on page . Note that victims have the right to (1) be informed of the Dean's decision regarding disciplinary sanctions and (2) appeal the Dean's decision to the Student Faculty Discipline Committee.
There is no time limit for reporting assaults. The disciplinary process can take place at any time, so long as the person accused of the assault is a student at Williams College.
Every attempt will be made to maintain confidentiality once a report of sexual assault is made. Students should be aware, however, that reports of sexual assault may not be kept confidential depending on the situation. The College must fulfill federal statistical reporting requirements.
OPTION TWO: Reporting to the Police
It is the right of every survivor to have criminal charges filed by a prosecutor, district attorney, or commonwealth attorney, and to
pursue criminal prosecution and conviction of the perpetrator. This is done, most often, by reporting the assault directly to the
Williamstown Police Department (413-458-5733 or 9-911). Reporting to the police does not commit you to further legal action but
does make it easier for the police to investigate the crime if that is your wish. Early reporting will increase the chances of a successful prosecution.
The Williamstown Police Department has two officers who have special training and are certified by the state to investigate sexual assaults. During your initial meeting with a police officer, you will be asked to tell what happened and what your attacker looked like or who your assailant was, if you know. You may have a friend or other supportive person with you during this or any other interview with the police. A SASS member will be glad to accompany you as well.
The police are responsible for investigating and the District Attorney's Office is responsible for prosecuting such crimes. If you
decide to prosecute and your case goes to trial, it will be handled by a member of the District Attorney's Office at the State's
expense. You will incur no costs. In Berkshire County there is a Victim's Advocate Program which will work closely with you
throughout the process.
Massachusetts law requires that your name be kept in confidence. Massachusetts General Laws-Chapter 265, Section 24C.
There is a period of limitation for filing criminal charges. That period is currently a minimum of 15 years, and maybe longer depending on the circumstances.
OPTION THREE: Civil charges
Survivors of sexual assault also have the right to pursue a civil suit for money damages against the perpetrator of a sex crime, and
against any other negligent or tortious parties. Civil suits may be easier to win than criminal prosecutions, and may be pursued
concurrently with other reporting options. In order to pursue a civil suit, you should contact a civil attorney, who will often work for a
contingency fee. This means it will not cost you anything to sue unless you win and then the attorney will receive a percentage of
your award as agreed upon in your contract.
Statement of the Victim's Rights
D The right to be treated with respect by College officials
D The right not to be discouraged from reporting by College officials
D The right to be informed of the outcome and sanction of any disciplinary process involving sexual assault
D The right to be informed of their 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
D 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
D 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 and if such changes are reasonably available
D The right not to have irrelevant prior sexual history admitted in a campus hearing
D The right to have the charges treated properly through the disciplinary process, including the right to appeal.
D 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
D The right to have complaints of sexual misconduct responded quickly and with sensitivity
D The right to have sexual assault reports investigated and appropriately resolved/addressed by the College.
D The right to be free from retaliation of any sort for bringing charges or making a complaint of sexual misconduct.
Statement of the Accused's Rights
D The right to timely notices of charges, including the nature of the charge.
D The right to have the charges treated properly through the disciplinary process, including the right to appeal.
D The right to access campus resources for medical, counseling, and advisory services
Scientific Misconduct: Policies and Procedures
Definition and Procedures
"Scientific misconduct" is defined by the U.S. Public Health Service as "fabrication, falsification, plagiarism, or other practices that seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting or reporting research. It does not include honest error or honest differences in interpretations or judgments of data."
All allegations of scientific misconduct should be brought to the attention of the Provost of the College who will receive such allegations impartially and without prejudice. The Provost will protect, to the maximum extent possible, the privacy of those who in good faith report apparent misconduct. The Provost will initiate a process, which will consist of an initial inquiry, followed by an investigation if warranted.
The Inquiry
The Provost, in consultation with the Dean of the Faculty, will undertake an initial inquiry of any allegation of scientific misconduct, make a determination and report within sixty calendar days unless circumstances clearly warrant a longer period. The Provost will secure the expertise necessary and appropriate for conducting an authoritative and thorough evaluation of the relevant evidence, taking precautions against real or apparent conflicts of interest. The Provost will prepare a written report stating what evidence was reviewed, summarizing relevant interviews, and presenting the inquiry's conclusions. If an inquiry takes longer than sixty calendar days to complete, the report shall contain documentation of the reasons for exceeding the sixty-day period. The subject(s) of the inquiry will be provided with a copy of the report. The subject(s) may comment on the allegations and findings of the inquiry and these comments shall be made part of the record. The affected individual(s) will be afforded confidential treatment to the maximum extent possible.
Should the Provost conclude that further investigation is not warranted, detailed documentation of the inquiry shall be maintained for three years to permit later assessment of that conclusion. This documentation will be provided to authorized PHS personnel upon request.
Should the inquiry determine that the allegations are not confirmed, the Provost and the Committee will seek diligently to restore the reputations of persons alleged to have engaged in misconduct and to protect the positions and reputations of those persons who in good faith made allegations.
If findings from the inquiry provide sufficient basis for conducting an investigation, the Provost shall undertake further investigation within thirty calendar days after the completion of the inquiry.
The Investigation
The investigation shall be conducted by the Provost and the Dean of the Faculty and three members of the faculty chosen by the Provost and the Dean in consultation with the Steering Committee, taking precautions against real or apparent conflicts of interest. The investigation normally will include examination of all documentation and interviews whenever possible with all individuals who have or might have information about the allegation, including accusers and accused. (A complete summary of each interview will be prepared for comment or revision by the interviewed party and the summary shall be included in the investigatory file. Respondent(s) comments will be part of the investigation record.) The committee shall secure the expertise necessary and appropriate for conducting an authoritative and thorough evaluation of the relevant evidence. Thorough documentation substantiating investigation findings shall be prepared and maintained.
The affected individual(s) will be afforded confidential treatment to the maximum extent possible. Should the investigation determine that the allegations are not confirmed, the Provost and the Committee will seek diligently to restore the reputations of persons alleged to have engaged in misconduct and to protect the positions and reputations of those persons, who in good faith, made allegations.
Should the allegations of misconduct be substantiated, appropriate sanctions shall be imposed, following the procedures described on page of the Williams College Student Handbook.
Faculty and appropriate administrative staff will be informed on an annual basis of these policies and procedures and the importance of compliance.
Public Health Service Reporting Obligations
In the case of projects funded through the Public Health Service (PHS), certain reporting obligations pertain. The Office of Scientific Integrity (OSI) of the PHS must be notified at any stage of either an inquiry or investigation of any immediate health hazard, need to protect federal funds or equipment, or need to protect the interests of persons involved in the inquiry or investigation (including those who have made or who are the subject of allegations, their associated, and investigators), or if it is probable that the alleged misconduct is about to be reported publicly. In addition, OSI must be notified within 24 hours after the institution receives any reasonable indication that a crime may have been committed. The Provost also shall notify OSI and explain the reasons for ending an inquiry early.
The decision by the Provost to proceed with an investigation shall be reported in writing to the OSI on or before the date of the start of the investigation; the notification must include the subject's name, the general nature of the allegations, and the PHS application or grant numbers involved.
The Provost shall inform the OSI of any inquiry or investigation developments including facts that may affect the government's disbursement or award of federal funds and shall take interim administrative measures, if necessary to protect federal funds. The Provost shall notify OSI and explain the reasons for ending an investigation early. The Provost shall also request an extension from OSI if the investigation cannot be completed within 120 calendar days, providing the OSI with an explanation for the delay, an interim progress report, and an estimated completion date.
The OSI shall be notified of the outcome of the investigation and provided with a detailed report covering investigation policies and procedures, sources of information, findings, the basis for findings, "the actual text or an accurate summary of the views of an individual(s) found to have engaged in misconduct", and sanctions imposed by the institution. The institution shall make available the documentation substantiating the findings.
Policies and procedures, approved by the Faculty on December 5, 1990 and by the Board of Trustees on January 19, 1991, effective as of May 6, 1991. See accompanying Non-Discrimination Policy and Grievance Procedures. Policies and Procedures are also available in the Student Handbook, the Faculty Handbook, the Support Staff Handbook, and the Administrative Staff Handbook.
SEXUAL HARASSMENT POLICY1
A healthy and productive educational community is one in which students, faculty, and all staff treat each other with mutual respect. Such a community requires an atmosphere free of discrimination on the basis of race, color, sex, national origin, religion, age, disability, marital status, sexual orientation, gender identity or expression, ancestry, or military service. Sexual harassment, a form of discrimination based on sex or sexual orientation, clearly endangers such an atmosphere and is not tolerated at Williams College. Behavior that constitutes sexual harassment is also prohibited by both state and federal law.
The College's definition of sexual harassment, which is based on the definition formulated by the federal Equal Employment Opportunity Commission and state legislation, is as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, instruction, or participation in other college activities, or
(2) submission to or rejection of such conduct by an individual is used as a basis for making academic, employment, or personnel decisions affecting that individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an individual's performance by creating an intimidating or hostile educational or working environment.
Sexual harassment breaches the trust that should exist among members of an educational community. Sexual harassment can have an impact on any member of the college community regardless of sex or sexual orientation. It can occur between people whether or not they are in a relationship where one has power over the other, or are of different sexes or gender identities. Victims can be anyone; students or members of the faculty or staff; superiors, subordinates, or peers. Sexual harassment can disturb the climate in classroom, residence, or workplace, and alter the course of one's education or career, presenting obstacles to the free and full development of an individual. It can, moreover, cause serious and lasting harm to an individual. The College is committed, therefore, to taking whatever action may be needed to prevent, correct, and, if necessary, discipline behavior that constitutes sexual harassment. Officers of the College and advisors who are conversant with the definitions of sexual harassment and the procedures the College uses to prevent and remedy discriminatory behavior are available to all members of the community for consultation.
The term sexual harassment covers a broad range of behavior. Examples of the forms it can take include sexually offensive remarks or conduct; repeated or persistent remarks, jokes, or other actions that are demeaning to one's sex, gender identity, gender expression, or sexual orientation; unwanted physical contact; requests or demands for sexual favors accompanied by implicitly or explicitly promised rewards or threatened punishment; attempted or completed physical sexual assault. Behavior that constitutes sexual harassment is actionable under the College's discrimination grievance procedures.
Sexual harassment may also be at issue in relationships that begin as consensual ones. Anyone in a position of institutional authority over other persons should be sensitive to the potential for coercion in sexual relationships that also involve professional relationships. These problematic relationships may involve persons in a position of authority over their institutional subordinates (e.g., tenured faculty and non-tenured faculty; administrators and staff); or they may involve those who teach and counsel students. Sexual harassment, when it exploits the authority the institution gives to its faculty and staff, or otherwise compromises the boundary between personal and professional roles, is an abuse of the power the College entrusts to its faculty and staff. Anyone who willingly enters into a sexual relationship is, of course, in some measure personally responsible for the consequences of having done so. In cases, however, where a sexual relationship between a faculty member and a student, or a supervisor and a subordinate, occurs during a period of instructional or supervisory responsibility, the person in the position of authority will be held accountable, by virtue of his or her professional responsibility, should a claim of sexual harassment be lodged against him or her. The recommendations and requirements described in sections A and B below are designed to protect the integrity of the College's instructional, counseling, and supervisory responsibilities by separating sexual relationships from professional ones, where instruction or supervision is involved.
A. Potentially Coercive Relationships Between Students and Faculty or Staff
All faculty and many staff are potentially in a position of power with regard to students; hence, sexual relationships between employees and students are in almost all cases inappropriate. A sexual relationship between them, however, is altogether unacceptable, when a faculty or staff member actually does have teaching, evaluative, advising, or supervisory responsibilities for a student, even if the parties involved view the relation as consensual. Sexual relationships in the instructional context are likely to put claims of consent in question. It is often difficult for a student to be certain of the motives of a member of the faculty or staff. It is also difficult for a person in a position of authority to be certain that the student's consent is genuine, rather than motivated by an unspoken fear of the consequences of not consenting. In addition, a sexual relationship with a student for whom one has professional responsibilities may raise questions of unfair academic advantage or of unwarranted negative evaluation, which can adversely affect the educational environment for other students, as well as for the person directly involved. Should any of these questions arise, sexual discrimination is at issue.
To protect the integrity of the educational process, the College requires a faculty or staff member a) to refrain, except under unusual circumstances and with the permission of the appropriate executive officer, from taking on any teaching, evaluative, counseling, or supervisory roles involving a student with whom he or she has had a sexual relationship in the past. The College also requires a faculty or staff member b) to remove himself or herself from any teaching, evaluative, counseling, or supervisory role involving a student with whom he or she is currently having a sexual relationship, even if it is considered consensual. Since the absence of the faculty or staff member may deprive the student of educational, counseling, or career opportunities, both parties should be mindful of the potential costs to the student before entering into a sexual relationship. If they nonetheless choose to do so, and the faculty or staff member currently has professional responsibilities for the student, the parties involved should consult with either party's executive officer or department chair/director about how best to implement the removal, abiding by the administrator's decision. A faculty or staff person who does not abide by rules (a) and (b) is at substantial risk under College policy to complaints of coercion, or of preferential or prejudicial treatment. Should the complaint be found valid, the faculty or staff member will also be subject to disciplinary action.
B. Potentially Coercive Relationships Involving Faculty and/or Staff
A sexual relationship with a member of the faculty or staff for whom one has professional responsibilities may similarly put claims of consent into question or raise questions of unfair evaluation. To protect the integrity of the working relationships among employees, the College requires anyone in a position of authority a) to refrain from any supervisory, evaluative or counseling role involving a subordinate with whom he or she has had a sexual relationship in the past, unless the circumstances warrant a waiver. The College also requires a faculty or staff person b) to remove him or herself from any supervisory, evaluative, or counseling role involving a subordinate employee with whom he or she currently has a sexual relationship. The parties involved should consult with either party's executive officer or department chair/director concerning the need for a waiver or a removal. That person shall grant or deny the waiver or arrange for the removal, and the parties involved shall abide by the administrator's decision. A faculty or staff person who does not abide by rules (a) and (b) is at substantial risk under College policy to complaints of coercion, or of preferential or prejudicial treatment. Should the complaint be found valid, the faculty or staff member will also be subject to disciplinary action.
Williams College takes seriously any allegation of sexual harassment and will investigate all such charges promptly. In deciding whether alleged conduct constitutes sexual harassment, and in determining the degree of seriousness of the harassment, the College will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual conduct and the context in which the alleged incidents occurred. The College's actions, which are designed primarily to remedy any harm done to those who have been subjected to sexual harassment and to protect other members of the community, may range from a warning to suspension or expulsion, when the offender is a student. When the offender is a faculty or staff member, the disciplinary action may range from a reprimand to non-reappointment or the initiation of proceedings for dismissal for cause. They may also include warnings regarding the consequences of future misconduct, removal from certain teaching, advising, or supervisory roles, and other restrictions on the person's professional role at the College. Students and employees who believe they have been sexually harassed may use the discrimination grievance procedures in the Student Handbook, Faculty Handbook, Administrative Staff Handbook, and Support Staff Handbook. Questions of confidentiality are addressed in the discrimination grievance procedures.
C. Retaliation Prohibited
Persons who make complaints or bring charges of sexual harassment against another member of the College community may not be subjected to retaliation of any sort for having done so. Anyone who retaliates against another person in violation of this rule will be subject to disciplinary action through the established procedures of the College.
Footnotes for Sexual Harassment Policy
1 Nothing in this policy statement should be taken to supersede the College's commitment to academic freedom, which it hereby re-affirms. The College follows the American Association of University Professors' "1970 Interpretive Comments" of the "1940 Statement of Principles on Academic Freedom and Tenure, with 1970 Interpretive Comments," which state that "controversy is at the heart of ... free academic inquiry" but simultaneously "underscore the need for teachers to avoid persistently intruding material which has no relation to their subject" (AAUP Policy Documents and Reports, Ninth ed., 2001, p. 5).
2 The discrimination grievance procedures define the officers and advisors (see Advising Procedure, paragraph 1 and Informal Procedure, paragraph 1).
3 For the purposes of the discrimination grievance procedures, the executive officer for students is the Dean of the College; for faculty, the Dean of the Faculty; and for staff, the Vice-President for Finance and Administration.
4 The removal rule (b) applies also to students who have job supervision responsibilities for other students at the College. A student should not participate in any decisions that would confer direct employment benefits on or withhold them from a student with whom he or she has or has had a sexual relationship. Students to whom this may apply should consult with the department director, who will decide what sort of removal, if any, is required.
5 Failure to abide by rules (a) and (b) may also subject a faculty or staff member to charges of conflict of interest.
6 Failure to abide by rules (a) and (b) may also subject a faculty or staff member to charges of conflict of interest. It should be noted that a removal policy is also in place for family relationships (Faculty Handbook, II-P; Administrative Staff Handbook, Section IV; Support Staff Handbook, Section IV.
The following regulations govern student businesses at Williams:
1. No Williams student may engage in the sale and distribution of goods or services to or solicitation of subscriptions from Williams students without the approval in writing from the office of the Dean of the College.
2. The word "College" must not appear as part of a business name on any advertising letterhead, piece of equipment, or product.
3. Dormitory room addresses, SU box numbers, or general delivery to the Campus Post Office cannot be used in any form of advertising, public notices, or for the delivery of any material. Student distribution charges are $.07 each for 30 pieces and above. Students distributing mail for outside businesses are charged $.18 each piece. The Campus Post Office will contact the sender and the Dean's Office prior to distributing mailings with questionable content. Mailings may also be delayed due to current workloads. Three days notice should be given to the Campus Post Office to ensure the timeliness of delivery of business advertisements.
4. A financial report must be submitted to the Dean's Office at the end of each year's operation.
5. Business permits must be renewed annually at the Dean's Office.
6. Inasmuch as the College does not charge a fee for business permits, the practice of "selling" or "auctioning off" the "right" to operate a business is prohibited. Violation will lead to permanent revocation of permission to operate on the campus.
7. Vending machines on the campus are under the control and supervision of the College. Operation of such equipment by students is prohibited.
8. Outside companies or organizations wishing to operate on the campus must do so through a recognized student business.
9. Conflicts:
a) When there are multiple requests to operate businesses within a single field, the office of the Dean of the College will determine the maximum number of student agents allowed to operate.
b) When student businesses come into conflict with the activities or services of student organizations recognized by the College Council, the office of the Dean will refer the applications of proposed businesses to the College Council. Upon reviewing the case of the applicant and the case of the organization with which the applicant is in conflict, the College Council will assist the Dean in deciding whether the proposed business should or should not operate.
10. The office of the Dean of the College and the Committee on Undergraduate Life may review at any time the operation of any
student business and may revoke its permission to operate on the campus.
Motor Vehicle Parking Regulations
Each vehicle registered with the College (including motorcycles and mopeds) is assigned a space in a student parking lot; students should park in their assigned lots only texceptions are that:
April 15-November 15
1. Students may park in faculty/staff spaces between the hours of 5:00 p.m. and 5:00 a.m., Monday through Friday nights.
2. Students may park in faculty/staff spaces between the hours of 9:00 a.m. and 5:00 a.m. on Saturday and Sunday, except Lawrence Hall Drive where students may park between the hours of 6:00 p.m. and 5:00 a.m., seven days a week.
3. Students may park in the lot between B&G and the Towne Field House as early as 3:30 p.m. on weekdays and 9:00 a.m. on weekends. No overnight parking is allowed. All vehicles must be removed prior to the 5:00 a.m. deadline.
November 16-April 14
1. Students may park in faculty/staff spaces between the hours of 5:00 p.m. and 2:00 a.m., Monday through Friday nights.
2. Students may park in faculty/staff spaces between the hours of 9:00 a.m. and 2:00 a.m. on Saturday and Sunday, except Lawrence Hall Drive where students may park between the hours of 6:00 p.m. and 2:00 a.m., seven days a week.
3. Students may park in the lot between B&G and the Towne Field House as early as 3:30 p.m. on weekdays and 9:00 a.m. on weekends. No overnight parking is allowed. All vehicles must be removed prior to the 2:00 a.m. deadline.
Off campus and commuting students will be assigned to St. Patrick's Church lot at the rear of the church on Southworth Street. There is no overnight or weekend parking in St. Patrick's lot.
All vehicles left on campus during spring break must be parked in the Mission Park lot so as to facilitate the sweeping of all paved areas. Students failing to move their vehicle to the Mission Park lot for spring break will be ticketed for parking in a restricted area and will be towed.
Further information about parking rules and regulations will be provided by the Campus Safety and Security Office at the time students register vehicles.
Penalties
All rules are strictly enforced. A total of two warnings per year apply only to tickets issued for A-D violations.
A) Parking in restricted area $50.00
B) Unregistered/Failure to display decal $50.00
C) Overtime $50.00
D) Parking in grass $50.00
E) Parking in handicap $101.00 no warning
F) Parking in fire lane $101.00 no warning
G) Unsafe Operation $101.00 no warning
H) Boot/immobilizer fee $201.00 no warning
I) Suspension $201.00 no warning
G violations include: 1) one way/wrong way violation, 2) failure to stop or yield at a marked intersection, 3) excessive speed.
An immobilizing device may be placed on unregistered or unidentified vehicles found repeatedly parked illegally on campus. It will be necessary for the person responsible for the vehicle to report to Campus Safety and Security before the apparatus is removed. There will be a $201.00 fee assessed to remove the boot and the total fine must be paid in full or placed in a term bill.
Repeated offenses beyond the tenth are $201.00 each and may result in towing and/or disciplinary action. The suspension issued on the tenth ticket will be for the remainder of the current academic year. However, if a student receives five suspended tickets the suspension will be extended to the next academic year.
Tickets will be placed on vehicles that are illegally parked or in violation of a rule or regulation. All unpaid violations will be placed on a term bill for payment.