Sexual Misconduct
Gettysburg College prohibits all sexual misconduct,
sexual harassment and sexually inappropriate behavior. This includes,
but is not limited to: sexual misconduct, including sexual assault;
incapacitated sex and/or sexual contact; sexual harassment; sexual
exploitation; coercion for sex and/or sexual contact and retaliation.
Each of these prohibited behaviors is defined below. Incidents which a
student considers to be a violation of this policy should be reported as
outlined below. The College will investigate and adjudicate reported
cases.
Gettysburg College is a residential college committed
to providing a safe and healthy environment that supports student
growth and development. To this end, Gettysburg College will not
tolerate sexual assault, sexual misconduct, sexual harassment or
sexually inappropriate conduct in any form, as it interferes with
and disrupts the educational environment of the campus and
interferes with the rights of other students. This policy covers
sexual misconduct, which may also include sexual assault, sexual
harassment and other sexually inappropriate behaviors.
Some forms of sexual misconduct are a crime. In particular, sexual
assault and rape are criminal offenses as well as violations of this
policy and both criminal and College charges may arise from an
alleged incident. The College’s process is separate and distinct
from the criminal process and is only making a determination
regarding violation of this policy. Individuals who believe that
they’ve been sexually assaulted are urged to contact the Gettysburg
Police and to preserve any evidence that may be necessary for
proving the crime. The College strongly encourages students to work
with the Gettysburg Police, and will work with the local authorities
to facilitate a timely investigative process. The College’s
adjudication of charges may proceed regardless of the status of the
criminal justice process.
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Sexual misconduct, including sexual assault, is defined as deliberate
physical contact of a sexual nature without the other person’s consent.
Violations of this policy include, but are not limited to:
1) Non-consensual sexual contact. Non-consensual
sexual contact is any sexual touching, with any object, by a man or
a woman upon another person without consent or making any person
touch you or them in a sexual manner.
2) Non-consensual intercourse. Non-consensual intercourse is any
sexual intercourse (anal, oral or vaginal), with any object, by a
man or woman upon another person without consent.
3) Disrobing or exposure of one’s self or another person that occurs
in a public area and/or is unwanted by an involved person.
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All sexual interaction between two people must be
consensual. Effective consent is informed, freely and actively given,
using mutually understandable words or actions which indicate a
willingness to participate in mutually agreed upon sexual activity.
Consent is not effective if it results from the use of physical or
perceived physical force, if there is intimidation or coercion, or if
the recipient party is incapacitated. Silence or non-communication
should never be interpreted as effective consent. The initiator of the
sexual activity will be found in violation of the policy if he or she
did not receive effective consent.
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If one chooses to drink alcohol or use other drugs,
one runs the risk of impaired thinking and communication which may
result in inappropriate choices about sex. Being under the influence of
alcohol or drugs is never an excuse for violation of this policy and one
may not use the fact that he/she was under the influence of alcohol or
drugs when initiating sexual contact as a defense when being charged by
the College.
To have sex with someone who you know to be, or should have known to be
incapable of making a rational, reasonable decision due to his or her
consumption of substances is a violation of policy. The initiator of
sexual contact will be found in violation of this policy if it is
determined that he or she knew or should have known that the other
person was incapable of making a rational, reasonable decision at the
time consent was obtained, or sexual contact was initiated.
Also, if someone is unable to give verbal consent because he or she is
sleeping or unconscious at the time of the sexual activity, the
initiator of the sexual contact with that person will be found in
violation.
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Coercion exists when a sexual initiator engages in
sexually pressuring and/or oppressive behavior that violates the norms
of the community, such that the application of pressure or oppression
causes the object of the behavior to engage in unwanted sexual behavior.
Coercion may be differentiated from seduction by the repetition of the
coercive activity beyond what is reasonable, the degree of pressure
applied, environmental factors such as isolation and the initiator’s
knowledge that the pressure is unwanted.
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Sexual exploitation occurs when a student takes non-consensual,
unjust or abusive sexual advantage of another for his/her own advantage
or to benefit others. Examples include, but are not limited to,
non-consensual audio or video taping of sexual activity, voyeurism, and
prostitution of self or others.
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Unwelcome sexual advances or threats, deliberate or careless use of
offensive or demeaning terms that have sexual connotations or are
gender-based, repeated and unwelcome requests for sexual favors or a
romantic relationship, repeated and unwelcome letters, phone calls, or
e-mails of a sexual or romantic nature, sexually motivated physical
contact, or other verbal, electronic, or physical conduct or
communication of a sexual nature.
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Retaliation or intimidation against anyone involved in the Complaint
process or anyone who pursues legal action, including the Complainant,
Respondent, or anyone participating in the investigation. Such behavior
may also violate the College’s Harassment Policy and will be
adjudicated.
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Support Services Students who feel
that they are the victim of sexual assault or sexual harassment
are encouraged to seek out support. There are both confidential
and official resources on campus and in the Gettysburg
Community.
Please see the
full policy for an explanation of confidential and
official resources, as it will assist you in making an informed
decision.
Confidential
On-Campus Resources
Official On-Campus Resources
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VP College Life and Dean of Students
717.337.6921
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Department of Public Safety 717.337.6911
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Women’s Center 717.337.6991
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Residence Life:
Call your RA, RC, CL or Area Coordinator:
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Musselman, Paul, Rice, Stine, x6899
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Hanson, Huber, Patrick, Stevens, x6841
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All upperclass and theme houses, x7100
Off Campus Resources
If you are in need of immediate assistance,
or are unsure who to call, please contact the Department of
Public Safety at (717) 337-6911.
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300 North Washington Street · Gettysburg, PA 17325