Questions and Answers

Here are some of the most commonly asked questions regarding Marietta College’s Sexual Misconduct Policy and Grievance Procedures.

Does information about a complaint remain private?

The privacy of all parties to a complaint of sexual misconduct must be respected, except insofar as it interferes with the College’s obligation to fully investigate allegations of sexual misconduct. Where privacy it not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the Complainant (alleged victim) or the Respondent (accused individual) may lead to conduct action by the College.

In all complaints of sexual misconduct, all parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the Complainant. Certain College administrators are informed of the outcome within the bounds of student privacy (e.g., the President of the College, Dean of Students, Chief of Police). If there is a report of an act of alleged sexual misconduct to a conduct officer of the College and there is evidence that a felony has occurred, College Police will be notified. This does not mean charges will be automatically filed or that a victim must speak with the police, but the institution is legally required to notify law enforcement authorities. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Will my parents be told?

Whether you are the Complainant or the Respondent, the College’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials may directly inform parents:

when requested to do so by a student;
if a health or safety emergency involves the student;
if the student, under the age of 21, has violated any law or policy concerning the use and/or possession of alcohol or a controlled substance;
if the student is at risk of being removed from College housing or suspended or dismissed from the College;
if the student has been found responsible for a serious violation of the Student Code of Conduct;
if the Vice President for Student Life deems there are special circumstances that are in the best interest of the student and College to notify the parent;
if the student has signed the “Authorization to Release Academic/Conduct Information” form at registration that allows such communication;
or in other situations as allowed by law.

Will the Respondent know my identity?

Yes, if you want formal disciplinary action to be taken against the alleged Respondent. Sexual misconduct is a serious offense and the Respondent has the right to know the identity of the Complainant. If there is a hearing, the College does provide options for questioning without confrontation.

Do I have to name the respondent?

Yes, if you want formal disciplinary action to be taken against the alleged Respondent. No, if you choose to respond informally and do not file a formal complaint (but you should consult the complete confidentiality policy above to better understand the College’s legal obligations depending on what information you share with different College officials). Complainants should be aware that not identifying the perpetrator may limit the institution’s ability to respond comprehensively.

What do I do if I am accused of sexual misconduct?

DO NOT contact the Complainant. You may immediately want to contact a staff or faculty member of your choosing who can act as your advisor. You may also contact the Dean of Students Office who can explain the College’s procedures for addressing sexual misconduct complaints. You may also want to talk to a confidential counselor at the Dr. J. Michael Harding Health and Wellness Center or seek other community assistance.

Will I (as a victim) have to pay for counseling/or medical care?

Counseling and most medical care provided by the Dr. J. Michael Harding Center for Health and Wellness is covered by student fees. If a Complainant is accessing community and non-institutional services, payment for these will be subject to state/local laws, insurance requirements, etc.

What about changing residence hall rooms?

If you want to move, you may request a room change. Room changes under these circumstances are considered emergencies. It is typically institutional policy that in emergency room changes, the student is moved to the first available suitable room. If you want the accused individual to move, that request will be evaluated by the Title IX Coordinator or Deputy Title IX Coordinator to determine if it can be honored. Other assistance and modifications available to you might include:

Assistance from College support staff in completing the relocation;
Arranging to dissolve a housing contract and pro-rating a refund, if appropriate;
Assistance with or rescheduling an academic assignment (paper, exams, etc.);
Taking an incomplete in a class;
Assistance with transferring class sections;
Temporary withdrawal;
Assistance with alternative course completion options;
Other accommodations for safety as necessary.

What should I do about preserving evidence of a sexual assault?

Police are in the best position to secure evidence of a crime. Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc., for much longer periods of time. If you believe you have been a victim of a criminal sexual assault, you should go to emergency room before washing yourself or your clothing. You may have injuries of which you are unaware; you also should be tested for sexually transmitted infections and pregnancy (if applicable). A medical exam for evidence collection (by a qualified forensic nurse examiner) is strongly recommended and should be done as soon as possible. Marietta Memorial Hospital is able to provide access to qualified forensic nurse examiners. If any evidence is collected at the hospital, Marietta Memorial will ensure that it is properly stored and released to the Marietta City Police Department. Marietta Memorial Hospital is located at 401 Matthew Street in Marietta, and its Emergency Department can be reached at 740-376-1939.

The Sexual Assault Victims’ Advocate, (740) 434-3457, can accompany you to the hospital, and College Police, (740) 376-3333, can provide you with transportation. If a victim goes to the hospital, local police will be called, but the victim is not obligated to talk to the police or to pursue prosecution. Having the evidence collected in this manner will help to keep all options available to a victim, but will not obligate him or her to any course of action. Collecting evidence can assist the authorities in pursuing criminal charges, should the victim decide later to exercise it.

Will a victim be sanctioned when reporting a sexual misconduct policy violation if he/she has illegally used drugs or alcohol?

No. The severity of the infraction will determine the nature of the College’s response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern, and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.

Will the use of drugs or alcohol affect the outcome of a sexual misconduct complaint?

The use of alcohol and/or drugs by either party will not diminish the accused individual’s responsibility. On the other hand, alcohol and/or drug use is likely to affect the Complainant’s memory and, therefore, may affect the outcome of the complaint. A person bringing a complaint of sexual misconduct must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence and/or witnesses to prove the complaint. If the Complainant does not remember the circumstances of the alleged incident, it may not be possible to impose sanctions on the Respondent without further corroborating information. Use of alcohol and/or other drugs will never excuse a violation by a Respondent.

What should I do if I am uncertain about what happened?

If you believe that you have experienced sexual misconduct but are unsure of whether it was a violation of the institution’s sexual misconduct policy, you should contact the institution’s Sexual Assault Victims’ Advocate at (740) 434-3457. The institution provides advisors who can help you to define and clarify the event(s) and advise you of your options.