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10-Apr-2019 18:27

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.

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.

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Silence, non-communication, or a lack of resistance does not necessarily imply consent.Middlebury seeks to prevent all forms of sexual misconduct, and desires to establish and maintain a safe and healthy environment for all members of the community through sexual misconduct prevention, education, support, and a fair adjudication process.Use of alcohol or other drugs does not minimize or excuse a person’s responsibility for conduct that violates this policy. Factors to be considered in determining sanctions are listed in Section 10 (H), below.

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Pursuing a Criminal Complaint, Involvement of Law Enforcement, and Obtaining a No Contact Order, No Trespass Notice, and Order of Protection8. It could also entail non-disciplinary measures such as No Contact Orders and/or No Trespass Orders, training, and providing safety and support services to complainants and affected parties, as appropriate.

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

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