Under the Code of Student Conduct, consensual sexual activity can constitute a breach of the Code where, for instance, such activity is unlawful or is carried on in public. This appendix however relates to non-consensual sexual activity which involves a perpetrator and a victim.
Sexual misconduct is a serious violation of the Code of Student Conduct and will not be tolerated.
The College encourages all members of the college community to be aware of both the consequences of sexual misconduct and the options available to victims. The College urges victims to seek assistance using any appropriate resources. Through its health service, residence life, and student affairs offices, the College offers educational programs to promote awareness of rape, acquaintance rape, and other sex offenses.
A student charged with sexual misconduct on or off campus can be disciplined under the Code of Student Conduct and may be prosecuted under Virginia criminal statutes. Even if the criminal justice authorities choose not to prosecute, the College can pursue disciplinary action, which could result in suspension or expulsion from the College. The College may pursue enforcement of its own rules, whether or not legal proceedings are underway or in prospect, and may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether College rules have been broken. The College will make no attempt to shield members in the College community from the law, nor will it intervene in legal proceedings on behalf of a member of the community.
Sexual misconduct dealt with in this Appendix is defined as “sexual contact without consent” and includes: intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breasts, thighs, or buttocks; rape (sexual intercourse without consent, whether by an acquaintance or a stranger, including statutory rape); attempted rape; sodomy (oral sex or anal intercourse) without consent; or sexual penetration with an object without consent. To constitute lack of consent, the acts must be committed either by force, intimidation, or through use of the victim’s mental incapacity or physical helplessness.
Note: When the complainant is an employee of Hampden-Sydney College the procedure outlined in the College Harassment & Discrimination Policy will be employed.