Policy Comparison

The following chart addresses the key differences between the Policy and the 2012  policy. The changes were made in an effort to prioritize the well-being of individuals and to optimize efficiency, fairness and balance throughout the process.

Area of the Policy Policy 2012 Policy
More Precise Scope of Prohibited Conduct Prohibited Conduct includes:  Discrimination, Harassment, Sexual or Gender-Based Harassment, Sexual Assault or Sexual Violence, Sexual Exploitation, Interpersonal Violence, Stalking, Complicity and Retaliation. Prohibited conduct includes:  Discrimination, Harassment, Sexual or Gender-Based Harassment, Sexual Assault or Sexual Violence and Retaliation.
Comprehensive Definition of Consent Includes several paragraphs offering increased guidance on the definition of Consent and what is and what is not consent, including:  Consent is the communication of an affirmative, conscious, freely-made decision by each participant to engage in agreed upon forms of Sexual Contact; and Consent is not to be inferred from silence, passivity, or a lack of resistance; and relying on non-verbal communication alone may result in a violation of this Policy. Provided a single paragraph defining the term consent, including that consent means words or actions demonstrating a knowing and voluntary agreement to engage in mutually agreed upon sexual activity.
Definition of Incapacitation Included States that an individual who is Incapacitated is unable to give consent to Sexual Contact.  Defines Incapacitation, where drug or alcohol is involved, as a state beyond intoxication, impairment in judgment or “drunkenness.”  Provides factors to assess whether an individual is Incapacitated. Stated that consent cannot be obtained by taking advantage of the incapacitation of another.
New Adjudication Process
(Applies to reports involving a student as the Responding Party. Procedures involving EPA faculty and non-faculty employees will also be reviewed.)
The Reporting Party can choose between Voluntary Resolution in certain circumstances and Adjudication.  Voluntary Resolution includes mediation, restorative justice and other alternatives that would not result in discipline of the Responding Party.  Under the Adjudication process, an investigator, in consultation with the Equal Opportunity and Compliance Office or the Title IX Compliance Coordinator, makes a finding of responsibility or no responsibility at the conclusion of the investigation.  If warranted, this team issues sanctions and offers remedies.  Parties can accept or challenge the finding and/or sanction through an Administrative Review or Hearing.  View the process >> An investigator gathered information but did not make a finding as to responsibility.  Instead, the investigator determined whether there was enough information to move the case to the Office of the Dean of Students for informal resolution or to the Student Grievance Committee for formal resolution, where the determination as to responsibility (and sanctions, if warranted) would be made.
Composition of the Hearing Panel
(Applies to reports involving a student as the Responding Party. Procedures involving EPA faculty and non-faculty employees will also be reviewed.)
Three-person Hearing Panel will include faculty and/or staff; students will not serve as panelists. Three-person Student Grievance Committee included two employees (faculty and/or staff) and one student.