Sexual Misconduct Policy and Procedures

Gallaudet University is committed to and seeks to maintain an equitable and inclusive campus free from all forms of harassment, exploitation, intimidation, and/or violence based on protected characteristics, including all forms of sexual misconduct. The University will not tolerate any type of sexual and/or gender-based harassment, discrimination and violence, and will be prompt, fair, and impartial in its investigation and resolution of sexual misconduct reports. The University also strictly prohibits retaliatory discrimination or harassment against any person(s) for reporting an incident of sexual misconduct or for participating, in any manner, in procedures to redress complaints related to a report of sexual misconduct. All members of the University community are expected to conduct themselves in a manner that demonstrates respect for the rights of others.

Creating a safe and non-discriminatory educational environment is the responsibility of all members of the University community. The University is committed to addressing sexual misconduct, fostering an environment that promotes prompt reporting of all types of sexual misconduct, and ensuring the prompt, equitable and impartial resolution of all complaints from the initial assessment and investigation to the final outcome. Every member of the University community has a responsibility to become familiar with the Gallaudet University Sexual Misconduct Policy and Procedures.

Please click on the following links to go to the different sections of the Sexual Misconduct Policy:

  1. Sexual Misconduct Policy
    • Introduction
    • Scope of Policy
    • Policy
    • Notice of Non-Discrimination
    • Prohibited Conduct
    • Consent
    • The Impact of Alcohol and Other Drugs on Consent
    • Consensual Relationships
  2. Review, Investigation, and Resolution Procedures
    • Immediate Response
    • Initial Review
    • Interim Suspension or Administrative Leave
    • Informal Resolution
      • Remedies Based Resolution
    • Formal Resolution
      • Initiating a Discipline-Based Resolution Complaint
      • Investigation
      • Preliminary Investigation Report, Investigation Conclusion, and Final Investigative Report
      • Panel Review for Outcome Determination
        • Panel Review Process
        • Panel Outcome Determination
      • Sanction Decision
      • Appeal
    • Disciplinary Sanctions
      • Sanctions Applicable to Students
      • Sanctions Applicable to Faculty and Staff
    • Additional Information on Procedures Applicable to Informal or Formal Resolution Procedures
      • Integrity of Procedures
      • Advisors
      • Support Persons
      • Prior Sexual History
      • Prior or Subsequent Conduct of the Respondent
      • Withdrawal of Complaint
      • Withdrawal or Resignation of the Respondent from the University
      • Standard of Proof
      • Time Frames
      • Timing of Complaints and Availability of Procedures
      • Reports to Law Enforcement
      • Related Criminal Proceedings
      • D.C. Civil Protection Orders
      • Retaliation
      • False Reports
      • University as the Complainant
      • Anonymous Reports
      • Off-Campus Incidents
      • Leniency for Alcohol and Other Drug Use by Students
      • Academic, Intellectual, and Expressive Freedom
      • Other Information That Does Not Trigger Investigations
      • Group Infractions
      • Records
  3. Resources and Support
    • Immediate Response
    • Medical Attention and Preserving the Evidence
    • Reporting Considerations
      • Privacy and Confidentiality
      • Confidential Communications
      • Non-Confidential Communications
      • Other Confidentiality Considerations
      • Federal Statistical Reporting Obligations
      • Federal Timely Warning Reporting Obligations
  4. Appendix
    • Educational and Prevention Programs
    • Sexual Misconduct - Risk Reduction Tips
    • Safe and Positive Options for Bystander Intervention
    • Terminology
    • On-Campus Resources
    • Off-Campus Resources
    • D.C. Code Definitions and Statutes
    • Definitions and Terms: VAWA and The Clery Center for Security on Campus

Some excerpts in this policy contain language from similar policies at other colleges and universities, especially the University of Michigan, Harvard University, Stanford University, Princeton University, Tufts University, Oberlin College, the University of Virginia, the University of Maryland, Northwestern University, Goucher College and Marymount University. The policy also includes sample policy statements from the Association of Student Conduct Administrators (ASCA), Association of Title IX Administrators (ATIXA), and the National Association of College and University Attorneys (NACUA). Further legislative guidance at a national level as well as best practices as shared by national associations and other related bodies may result in policy and procedures revisions throughout the academic year. Gallaudet reserves the right to amend any information or statement in this policy as deemed necessary. The online version of the policy is considered the most updated version and should be referred to at all times.

EFFECTIVE DATE: August 28, 2018
UPDATED: July 22, 2019