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Sexual assault can be committed by any person against any other person, regardless of gender, gender identity, sexual orientation, or past or current relationship status.

Sexual assault may occur with or without physical resistance or violence.

Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.

Consent means words or actions, freely and actively given by each party, which a reasonable person would interpret as a willingness to participate in agreed-upon sexual conduct.

This policy further expands the list of prohibited behaviors beyond Clery requirements to include the categories of Sexual Exploitation, and Domestic and Dating Misconduct.

In its primary prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for students and employees, Middlebury includes the definitions of sexual assault, the definition of consent in reference to sexual activity, and the definitions of domestic violence, dating violence and stalking that are used by the criminal laws in applicable jurisdictions.

All adjudicators, investigators, and Middlebury officials shall conduct their proceedings in the spirit of these principles.Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent.Examples of behavior that could constitute sexual exploitation include but are not limited to the following:: Middlebury’s prohibition of sexual exploitation is not intended to prohibit the use of sexually explicit materials that are reasonably related to Middlebury’s academic mission. Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking (SMDVS)Effective August 3, 2016. However, where applicable law mandates different procedures or policies with respect to Middlebury programs outside of Vermont, those procedures or policies will apply. The procedures for addressing complaints or reports of sexual misconduct, domestic or dating violence or misconduct, stalking and related retaliation are set forth below.

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