Department of Public Safety (717) 337-6911 The Gettysburg Boro Police Department 717-334-1168 Survivors 717-334-9777 X Close
Confidential On Campus
Health Services 717-337-6970 Counseling Services 717-337-6960 X Close
Official On Campus
Student Rights & Responsibilities 717-337-6998; Women’s Center: 717-337-6991;
Residence Life 717-337-6901; Academic Advising 717-337-6579; College Life 717-337-6900 X Close
Any sexual behavior that rises to the level of a policy violation and under this policy includes sexual assault, sexual harassment, sexual exploitation and sexually inappropriate conduct.”
a. Sexual Assault: deliberate physical contact of a sexual nature of another person without that person’s consent.
i. 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.
ii. 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.
b. Sexual Exploitation: 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.
c. Sexual Harassment: 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.
d. Sexually inappropriate behavior: Includes behaviors which may not rise to the level of sexual harassment but is still sexual in nature. For example conduct that may be an isolated occurrence or rude, obscene or sexually suggestive gestures or communication. Disrobing or exposure of one’s self to another person without that person’s consent is another example.
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. X Close
Initiator of Sexual Contact
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 could not give effective consent as defined by the policy. 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. X Close
Incapacitated sex means the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol [or other drug] is involved, one does not have to be intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the alcohol consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. The question is whether the accused student knew, or a sober, reasonable person in the position of the accused student should have known, that the complainant was incapacitated. Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution; i.e., when in doubt, assume that another person is incapacitated and therefore unable to give effective consent. Being intoxicated or drunk is not a defense to a complaint of Sexual Misconduct under this policy. *Language adopted from University of Virginia X Close
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. X Close
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 and may also violate the College's Harassment Policy and will be adjudicated. X Close
The person filing a complaint with the College regarding an incident of an alleged violation of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors. X Close
The person who allegedly violated the College's Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors and is responding to the complaint X Close
The College administrative official who will be responsible for coordinating any investigations into an alleged violation of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors. Typically, this will be the Director of Student Rights and Responsibilities. The Investigator will prepare a report for the Adjudicator for the purpose of resolving the complaint. X Close
The College administrative official who will be responsible for disposition and resolution of a Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors complaint. Typically, this will be the Vice President for College Life and Vice President for College Life and Dean of Students. See section IV, number 5-8 for more information. X Close
How to report Sexual Misconduct
For those students who are prepared to file an official complaint and initiate the College's investigatory process the incident should be reported to one of the official on- campus resources listed below under "Official On-Campus Resources." When reporting to an official on-campus resource, students can expect that the College's investigatory process will be initiated. It may be necessary for the information to be shared on a limited basis with other College officials who are part of the investigatory process, however, all reasonable efforts will be made throughout the investigatory process to keep all information private. Students making an official report are encouraged to also contact Health and Counseling Services. Students should report incidents that they consider violations of this policy to:
The Vice President for College Life and Dean of Students
Residence Life (including RA, RC, CL staff)
Department of Public Safety
Student Rights and Responsibilities.
The staff and administrators in each of these areas are identified by the College as reporting authorities and will initiate the College's preliminary investigation process into an incident. This will include notification the Department of Public Safety and the Gettysburg Police.
Please note that members of the Health and Counseling Center staff are confidential resources and do not investigate incidents. They do not make identifiable reports of incidents to the Official On-Campus Resources unless the student requests them to do so. Faculty, staff and administrators outside of these two areas are not confidential resources, and must report any information shared.
By telling someone in one of the offices listed above, you have reported sexual misconduct. An investigation will begin as soon as the information is reported. Visit www.gettysburg.edu/reportconcern to file an online complaint. A representative from one of the offices listed above will contact you. X Close
Frequently Asked Questions
Who do I go to if I want to file a complaint?
We would ask that you go to the Department of Public Safety (DPS) to file an official/formal complaint. DPS will contact the police on your behalf. If you are looking to talk to someone without filing a formal complaint, Counseling Services is the outlet for a confidential report. Lastly, if you are just looking to document the situation (but you are not sure that you are comfortable speaking to someone) the on-line anonymous reporting form is available just for documentation purposes. Please note that if you fill in your name on the form, someone will contact you. X Close
Does the complaint remain confidential?
Information is handled sensitively and we attempt to maintain privacy, but as the situation will be investigated, confidentiality cannot be maintained. X Close
Will my parents be told?
We will not inform parents without your consent. However, please keep your health insurance in mind, as we have had cases where parents are notified by the hospital if treatment is sought out. X Close
Where can I find support and will I have to pay for it?
You can find support through Counseling Services, the Chaplain’s Office, the Women’s Center, and Survivors. There is no charge for any of these services. X Close
What happens if I file a formal complaint?
The Director of Student Rights and Responsibilities will contact you to see how you are, connect you with resources (such as counseling and academic advising), and find out what role you would like to play in the conduct process once the police (if involved) have turned the case over to the Department of Public Safety (DPS).
The police follow-up and investigate unless you (the victim) sign a refusal to prosecute form. Once the police department has a few days to develop an investigation, DPS will follow-up and submit a report to the Vice President for College Life and Dean of Students for review and a decision. X Close
Will I be punished when reporting a sexual misconduct violation if I was using drugs or alcohol?
Can I have an attorney help me with the complaint?
Yes. However, the attorney cannot participate in the hearing process. X Close
Can I file a criminal complaint at the same time I file a complaint with the College?
Will my complaint be investigated if I initiated physical contact but didn’t consent to having sex?
What happens if I am reporting on behalf of a friend who does not want to come forward?
Ideally, before coming forward you should try to explain to your friend all of the benefits of coming forward. Most importantly, explain your concern and that by coming forward we can help. If you cannot get them to come forward, we would still attempt to contact her or him for an interview and have her or him sign our refusal to participate in the conduct process form. Regardless of what happens, you will know that you have done the right thing for your friend. X Close