Dartmouth Sexual and Gender-Based Misconduct Policy and Procedures

Dartmouth is taking action to strengthen an environment in which sexual and gender-based harassment, sexual assault, sexual exploitation, dating or domestic violence, provision of alcohol and/or other drugs for purposes of prohibited conduct, and stalking are not tolerated. We are committed to the safety and well-being of every member of our community.

Policy Revisions

Dartmouth has revised the SMP and related procedures consistent with the July 28 and August 10, 2021 orders of the United States District Court for the District of Massachusetts in Victim Rights Law Center et al. v. Cardona, No. 1:20-cv-11104, and August 24, 2021 guidance from the Department of Education.

The changes are below, indicated by strikethrough:

[To the SMP, under "Scope"]

Where the reported conduct falls within the Title IX regulations, the hearing process includes cross-examination by the party's advisor and limitations on the use of statements that have not been subject to cross-examination.

[To each set of Procedures, under "To Whom This Process Applies"]

Where the reported conduct falls within the Title IX regulations, the hearing process includes cross-examination by the party's advisor and limitations on the use of statements that have not been subject to cross-examination.

[To each set of Procedures, under "Initial Assessment"]

The Title IX Hearing Process includes cross-examination by the party's advisor and limitations on the use of statements that have not been subject to cross-examination.

[To each set of Procedures, under "Formal Resolution Process" (Hearing Format)]

For hearings that involve any allegation of sexual harassment as defined by the Title IX regulations, even where there are additional allegations not captured by the Title IX regulations, the hearing will include cross-examination by the party's advisor, to be conducted directly, orally and in real-time, as well as limitations on the use of statements that have not been subject to cross-examination.

As stated in the SMP, amendments to ensure legal compliance shall become effective upon publication on the Title IX Office's web site, following a 30-calendar-day period in which all Dartmouth Students and Employees receive notice of the proposed Amendments and the opportunity to comment.  Should you wish to comment on these amendments, please email titleix@dartmouth.edu.  The amended Policy and Procedures will be effective October 20, 2021.

Title IX Exception to the Community Expectations Agreement

To remove barriers to reporting and responding to sexual misconduct during the global coronavirus pandemic, Dartmouth has adopted an exception related to certain violations of the Community Expectations Agreement (CEA).  In situations involving Title IX complaints where violations of the Community Expectations Agreement and/or other College health and safety requirements also occurred, Dartmouth will not pursue violations of the CEA for students reporting or responding to Title IX allegations.  If Title IX reporting or responding students host or attend unauthorized gatherings in violation of health and safety policies, the CEA violation may still need to be addressed to mitigate health risks to the community.  However, addressing that violation would not necessarily result in the loss of opportunity to engage in the educational program as a residential student and may instead include options such as policy reminders, connection to campus resources, prohibiting access to specific areas of campus, or other restorative practices.  It is the responsibility of the student to be aware of the parameters and expectations of the CEA, as they may change based on the circumstances created by the pandemic.  Dartmouth retains the ability to exercise discretion and may not apply this exception in cases of egregious violation of the CEA.