Student Conduct

Overview

Consistent with the cultivation of an awareness of responsibility and accountability, students found in violation of Middlebury’s policies as stated herein or the host university’s policies and/or who participate in prohibited acts as defined herein will be held responsible and will be subject to discipline up to and including dismissal from their Schools Abroad program. In addition, students may be subject to discipline by their home institution.  See also Scope of Oversight, below.

Emergency Withdrawal, Suspension or Dismissal

In addition to fostering the growth of its individual students, Middlebury recognizes its obligation to promote the welfare of its community as a whole and to take appropriate action when that welfare is jeopardized. To that end, Middlebury reserves the right, notwithstanding and apart from the disciplinary procedures described herein, on an emergency basis, to suspend, dismiss, or require to withdraw any student whose presence at any of its Schools Abroad programs is determined by the appropriate authorities (e.g., Schools Abroad director, Vice President for Academic Affairs and Dean of the Schools, host institution official, and/or the Provost) to pose a danger to the Middlebury Schools Abroad or host university community or its members or to be unduly disruptive of the living and/or learning environment of others, or who appears to be unwilling or incapable of effectively and/or safely participating in the Schools Abroad’s academic and/or residential life program(s). In cases of emergency suspension or required withdrawal, the conditions and procedures for readmission, if applicable, will be determined and communicated in writing to the student at the time of the student’s departure or shortly thereafter.

Scope of Oversight

Students will be held accountable for Middlebury policy violations as defined herein, as well as violations of the host university’s policies and rules (as applicable) that take place between the first day of orientation for their Schools Abroad program and the completion of the program. Conduct that occurs at or in connection with a Schools Abroad-related event; or occurs off-site but violates the law or may represent a threat to the safety of the Schools Abroad community or its members, the pursuit of the program’s objectives, and/or the educational environment of others, may be subject to the disciplinary process outlined below (see Disciplinary Action).

In cases where a student is found responsible for a policy violation while participating in any Middlebury Schools Abroad program, the finding of responsibility may also be referred to the appropriate authority overseeing the student’s home institution or any additional Middlebury or non-Middlebury program in which the student is or will be enrolled for other action as deemed appropriate. This may include but is not limited to: further investigation; additional adjudication under existing policies (using only information gathered in the first disciplinary process, or using subsequently gathered information, or both, as deemed appropriate by the overseeing authority); disciplinary action; or other remedies or processes deemed appropriate by the authority overseeing the home institution or additional program.

Middlebury retains sole discretion to determine whether to initiate disciplinary or other action under its policies against a student who is or will be enrolled in another Middlebury program (including the undergraduate program) regardless of the outcome of any disciplinary proceeding conducted by a non-Middlebury institution or program and/or the outcome of any law enforcement investigation or court proceeding.

Pending Discipline

A student will not ordinarily be permitted to withdraw from a Schools Abroad program with a disciplinary matter pending.  If a student nevertheless withdraws with a disciplinary matter pending, the withdrawal will be considered a resignation from Middlebury, and the student will have given up the opportunity to return to any Middlebury program. Notation thereof will be made in the student’s file.  In extraordinary circumstances, however, the Schools Abroad director or the Vice President for Academic Affairs and Dean of the Schools and/or the Provost, after appropriate consultation, a review of the case, and consideration of Middlebury’s best interests, may grant permission for a student to withdraw from the Schools Abroad program when a disciplinary matter is pending. Should the student be readmitted to any Middlebury program, the disciplinary matter must be resolved either before the student’s return, or immediately upon the student’s return. Middlebury may also notify all institutions or programs in which the student is (or will be) enrolled of any pending or unresolved disciplinary matter pertaining to that student.

Prohibited Conduct

The following conduct is prohibited and may result in discipline up to and including dismissal from the Middlebury Schools Abroad program or any other Middlebury program:

*Flagrant disrespect for persons, flouting of common standards of decency, behavior unbecoming of a Middlebury Schools Abroad student, or continued behavior that demonstrates contempt for the generally accepted values of the intellectual community.

*Violation of Middlebury’s Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking.

*Violation of Middlebury’s Anti-Harassment/Discrimination policy.

*Any disruption of the educational function of the Middlebury Schools Abroad program.

*Disrespect for the dignity, freedom, and rights of others.

*Violation of Middlebury’s Hazing policy.

*Violation of Middlebury’s Alcohol and Other Drugs policy.

*Violation of Middlebury’s Academic Honesty/Honor Code policy.

*Violation of the Language Pledge.

*Violation of the laws of the host country.

*Violation of the rules or policies of the host university.

*Violation of program rules or policies regarding housing.

*Violence in word or deed against another; incitement or provocation to violence; negligent or reckless use of physical force; conduct that may reasonably be expected to exploit or coerce another; prevention of another’s free expression of ideas by intimidation, abuse, or physical force; defamation; violation of another’s privacy; unauthorized entry and, specifically, uninvited hostile presence in another’s room or office.

*Theft of, vandalism or other damage to the property of any Schools Abroad site or the property of others, unauthorized access or entry to Schools Abroad property or that of others, undermining authorized access to Schools Abroad property (this includes but is not limited to unauthorized use of services, and disposition of Schools Abroad property to another under the pretense that it is one’s own).

*Failure to maintain and/or return on time instructional and/or other Middlebury Schools Abroad equipment.

*Disrespect for the authority of Middlebury Schools Abroad and/or host university official (including all faculty and staff) or law enforcement personnel.

*Providing information to any member of the Middlebury Schools Abroad and/or host university official (including all faculty and staff) that an individual knows or reasonably should know is false, inaccurate or misleading.

*Retaliating directly or indirectly against a person who has in good faith supported or participated in an investigation of a policy violation of any type. Retaliation includes but is not limited to ostracizing the person, pressuring the person to drop or not support a complaint or to provide false or misleading information, or otherwise engaging in conduct that may reasonably be perceived to affect adversely that person’s educational, living, or work environment.

Other Policies

Alcohol and Other Drugs

Middlebury is committed to promoting individual and community health, safety, and responsibility.  We expect all students to observe all applicable laws governing the possession, use, and furnishing of alcoholic beverages and controlled substances, also referred to as illegal drugs. We have also committed to ensuring that, in accordance with the Drug Free Schools and Community Act of 1989, our policies concerning alcohol and drugs are clear, readily understood, and applied consistently and equally to all students.  When alcohol violations occur, students may face disciplinary action.  Serious incidents that put a student or others at risk of harm, as well as repeated offenses, require a more vigorous response, including referral to counseling or a treatment facility, and/or disciplinary outcomes as appropriate.

All Schools Abroad students, faculty, staff, and visitors are subject to the local laws of the host country as well as Middlebury’s and the host university’s drug and alcohol policies, as applicable.  Middlebury does not protect students from prosecution for drug or alcohol offenses under applicable laws and does not interfere with legitimate law enforcement activities.  Law enforcement officers may have a legal right to search individuals, and with consent or proper documentation may search property—including residences —without prior notice.  Middlebury also reserves the right to furnish law enforcement officials with information regarding alleged illegal activities.

Overseas authorities consider illegal drug use to be an extremely serious matter.  Local laws often impose severe penalties, including jail time, for conviction of drug possession, no matter what the quantity.  Moreover, it is not uncommon for the accused to be considered guilty until proven innocent and be held in jail. Middlebury College and U.S. offi¬cials will be powerless to help students found to be engaging in unlawful drug use or the selling or transporting of drugs.

The following actions are prohibited:

1. Alcohol
a. Underage drinking.  Only persons of legal age (21 or older in the United States or as defined by the laws of the foreign host country) may possess or consume alcoholic beverages. Legal proof of age, such as a valid driver’s license, state issued liquor identification card, or a passport, may be required.
b. Purchasing, serving, or furnishing alcohol for or to a minor.
c. Selling, manufacturing, or distributing alcohol illegally.
d. Possession, production, or provision of false identification.
e. Operating a motor vehicle while under the influence of alcohol or other drugs.  Driving under the influence of drugs or alcohol is prohibited. Students who are charged by law enforcement officers with Driving Under the Influence (DUI) and are awaiting the outcome of legal proceedings shall have their driving privileges on any Middlebury campus (if applicable) suspended pending disposition of the matter. In those incidents where the DUI involves an accident with injuries to others, or other exceptional factors, immediate disciplinary action may take place.
f. Violating local laws or regulations regarding the possession or use of alcohol.
g. Engaging in drinking games and other behaviors designed for the purpose of becoming intoxicated through the abusive use of alcohol (e.g., funnels, keg stands, “around-the-world” parties, and other alcohol consumption based on speed and/or volume, etc.).
h. Administering alcohol to individuals against their will and/or without their knowledge.

2. Drugs
a. Using, or possessing illegal drugs.
b. Using, possessing, selling, distributing or manufacturing prescription medication without a properly issued prescription.
c. Distributing, selling, or possessing with the intent to distribute illegal drugs or controlled substances.
d. Growing and/or manufacturing any illegal substance.
e. Possession of drug paraphernalia that has been used.
f. Administering drugs to individuals against their will and/or without their knowledge.

Health and Community Responsibility

Middlebury believes that alcohol and other drug-related problems affect our entire community and that each of us has a responsibility to help safeguard the community health by respecting Middlebury’s policy and intervening in situations of abuse. Any member of the Schools Abroad community having knowledge of an individual participating in a Schools Abroad program who is abusing alcohol or in possession of or using illegal drugs is urged to encourage the individual to seek counseling and/or medical assistance. All members of the community are also expected to help protect the community health by informing appropriate Schools Abroad directors or staff members of instances of drug distribution and/or sales.
Involvement with or dependency upon drugs or excessive or illegal use of alcohol is viewed by Middlebury as a health concern, as well as a disciplinary matter.  Any time a Schools Abroad Director has reasonable concerns that a student’s health is being compromised by alcohol or other drug use (even in cases where no concrete evidence or direct witness is involved), a drug and/or alcohol consultation or assessment, may be required.  In addition, the Director may notify the student’s parents or guardian of concerns about the student’s drug or alcohol use.

Good Samaritan Policy

Middlebury’s Good Samaritan Policy is intended to encourage students to seek swift medical assistance for themselves and others without fear of penalty under Middlebury’s disciplinary processes. Our primary concern is the health and safety of our students. We urge students not only to take care of their own wellbeing, but to behave in an equally responsible way with their peers.

There may be times when safety concerns arise from a student’s excessive drinking or drug use, and in these situations, students should not hesitate to seek help from the Schools Abroad staff or medical or counseling professionals out of fear of disciplinary action by Middlebury.  Under this Good Samaritan policy, neither the student in distress nor the student or organization seeking assistance will ordinarily be subject to disciplinary action by Middlebury for the possession, provision, or consumption of drugs or alcohol.

This policy refers to isolated incidents only, and does not excuse or protect those who flagrantly or repeatedly violate the Alcohol and Other Drugs Policy, nor does it preclude disciplinary action arising from violations of other Middlebury policy. However, in cases involving additional policy violations, Middlebury will consider the positive impact of reporting an incident as well as the health and safety needs of the involved student(s) when determining the appropriate course of action.
This policy cannot protect students from action by law enforcement personnel, including those in another country.

Laws, Resources, and Additional Information

For information specific to state and federal laws governing the use, possession, and distribution of drugs and alcohol, as well as additional resources, see Drugs and Alcohol: Policies, Laws, and Resources.

Policy Against Sexual Misconduct Domestic and Dating Violence and Misconduct, and Stalking
Middlebury is committed to providing a campus and workplace environment that is safe and secure for all students, staff, faculty and others who participate in Middlebury’s programs. Sexual misconduct, domestic and dating violence, domestic and dating misconduct, , stalking, and related retaliation, as defined by this policy, are strictly prohibited. Middlebury will take reasonable, prompt and appropriate action to respond to sexual misconduct, domestic and dating violence, domestic and dating misconduct, stalking and related retaliation where such conduct impacts or has the potential to impact the Middlebury program-based educational, residential, or employment environment of any member of the Middlebury community. Such action could include discipline such as  written reprimands, salary freezes or termination of employment (employees); or written reprimands, probationary status, official college discipline, suspension or expulsion from any or all programs in which the student is enrolled or participating (students). It could also entail non-disciplinary measures such as No Contact Orders and/or No Trespass Orders, training,  and providing safety and support services, as appropriate. Information about on-campus and off-campus support services (i.e., counseling, health, victim advocacy, legal assistance and other related services) is available from the Schools Abroad Director.

Except as otherwise specified in the policy or herein, Middlebury’s Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct,  and Stalking (“SMDVS” policy) applies to faculty and staff employed by Middlebury, students, as well as others who participate in Middlebury’s Schools Abroad programs and activities (see Covered Third Parties, defined in Section 2 of the policy).

Complaints of sexual misconduct (including sexual assault and sexual exploitation), domestic and dating violence, domestic and dating misconduct, stalking and related retaliation should be made to the director of the School Abroad and/or a Judicial Affairs Officer or Human Relations Officer (see contact information below). The procedures for addressing complaints or reports of sexual misconduct, domestic and dating violence, domestic and dating misconduct, stalking and related retaliation are set forth in the full policy. However, where applicable law or the host university where the program takes place mandate different procedures or policies, those procedures or policies will apply.

NOTE: In certain circumstances involving alleged policy violations (e.g., involved individuals are enrolled in or employed by a foreign university or a non-Middlebury program) the host university’s disciplinary procedures or the local court system may supersede Middlebury’s procedures in that location. In these situations, the Schools Abroad director, and/or other Middlebury official(s) will work closely with the local staff or faculty at the host university (or local law enforcement, if applicable) to ensure that the matter is appropriately addressed.  Middlebury will, nonetheless, take steps within the scope of its authority designed to prevent the recurrence of harassment, sexual misconduct, domestic or dating violence or misconduct, or stalking, and remedy the effects of such behavior. In addition, Middlebury retains sole discretion to determine whether to initiate its own investigation and adjudication under its SMDVS policy regardless of the outcome of any disciplinary proceeding conducted by a non-Middlebury institution or program and/or the outcome of any law enforcement investigation or court proceeding.

The full text of Middlebury’s Policy Against Sexual  Misconduct, Domestic and Dating Violence and Misconduct, and Stalking is available at:
http://www.middlebury.edu/about/handbook/misc/sexual_misconduct_dv_stalking

Anti-Harassment/Discrimination Policy

Middlebury is committed to maintaining a diverse and inclusive campus environment where bigotry and intolerance are unacceptable. Discrimination and harassment, including sexual harassment, and related retaliation, as defined by applicable law and the corresponding terms of this policy, are antithetical to Middlebury’s mission. Middlebury strictly prohibits conduct that constitutes unlawful discrimination and harassment, including sexual harassment, as well as related retaliation, as defined under Middlebury’s Anti-Harassment/Discrimination policy. Middlebury will take reasonable and appropriate remedial action to prevent unlawful discrimination, harassment, and related retaliation, eliminate any hostile environment, prevent its recurrence, and correct its discriminatory effects on the complainant and others, if applicable.

Except as otherwise specified herein, this Anti-Harassment/Discrimination policy applies to faculty and staff employed by Middlebury, students, as well as to others who participate in Middlebury’s Schools Abroad programs and activities.

Complaints of harassment, discrimination and related retaliation should be made to the director of the Schools Abroad program and/or the Human Relations Officer. Procedures for filing and resolving complaints of unlawful discrimination and harassment, including sexual harassment and related retaliation in such programs are set forth in Section B of the policy; however, where applicable law or the host university where the program takes place mandate different procedures or policies, those procedures or policies will apply.

NOTE: In certain circumstances involving alleged policy violations (e.g., involved individuals are enrolled in or employed by a foreign university or a non-Middlebury program) the host university’s disciplinary procedures or the local court system may supersede Middlebury’s procedures. In these situations, the Schools Abroad director, and/or other Middlebury official(s) will work closely with the local staff or faculty at the host university (or local law enforcement, if applicable) to ensure that the matter is appropriately addressed.   Middlebury will, nonetheless, take steps within the scope of its authority designed to prevent the recurrence of harassment, discrimination and related retaliation, and remedy the effects of such

Because Middlebury is committed to cultivating a safe, healthy and inclusive community where all individuals treat each other with respect, we ask all students to complete an on-line training course called “Think About It” as part of the pre-departure process.

Contact Information for Reporting Under Middlebury’s Policy Against Sexual Misconduct Domestic and Dating Violence and Misconduct, and Stalking and Anti-Harassment/Discrimination Policy

Title IX Coordinator

Susan P. Ritter, J.D.
Middlebury College
Service Building 213
Middlebury, VT 05753
802.443.3289
sritter@middlebury.edu

Judicial Affairs Officers/Title IX Coordinator Designees

Karen S. Guttentag
Associate Dean for Judicial Affairs and Student Life
Middlebury College
McCullough 138
802.443.2024
kguttent@middlebury.edu

AJ Place

Associate Dean for Judicial Affairs and Student Life
Middlebury College
Service Building 217
802.443.5385
ajplace@middlebury.edu

Human Relations Officers/Title IX Coordinator Designees

Steven C. Collier, J.D.
Service Building, 213
Middlebury College
802.443.3474
scollier@middlebury.edu

Earl Fechter, J.D.
Middlebury College
Service Building, 216
802.443.3426
efecther@middlebury.edu

 

Back to Policies