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Kenyon's Sexual Misconduct Policy

Sexual misconduct of any form is a serious violation of College and community standards, and it will not be tolerated at Kenyon College. Sexual Misconduct endangers the environment of mutual respect and is considered an act of aggression and coercion, not an expression of sexual intimacy. Persons of any sex can be capable of Sexual Misconduct; Sexual Misconduct can occur between people of the same gender. It can occur among "couples" involved in romantic relationships. The Kenyon College policy on Sexual Misconduct reflects the serious intent of Kenyon College to provide resources and recourse for individuals whose rights may have been violated by an act of Sexual Misconduct. Although a single conviction for Sexual Misconduct could well warrant dismissal from the College, the Conduct Review Board is advised that a second Sexual Misconduct conviction for a student should result in his or her dismissal from the College.

  • There is no statute of limitations for Sexual Misconduct at Kenyon. A student can bring charges against another student as long as both are currently enrolled in the College.
  • There are four major categories of Sexual Misconduct: Sexual Assault; Inappropriate Sexual Touching; Endangering the Health of Another Person; and Sexual Harassment. Students can be accused/charged with one or more of these offenses for their behavior in a single incident. None of these forms of Sexual Misconduct will be tolerated at Kenyon College.
  • The campus Senate will review this policy and evaluate its effectiveness every fourth year. It is scheduled for review again in the 2011-12 academic year.

Definition of Sexual Assault

  • Sexual Assault occurs when a student engages in sexual relations with another student without the person's verbal consent. Sexual Assault includes the sexual conduct known as rape, whether forcible or non-forcible. Forcible rape is the severest form of Sexual Assault. When rape occurs in relationships, it is called acquaintance rape. Either males or females can be aggressors in Sexual Assault, and Sexual Assault can occur in same-sex relationships. Definition of Sexual Relations
  • Sexual Relations include, but are not limited to vaginal intercourse, anal intercourse, fellatio, cunnilingus, touching the genitals, or inserting any object into the vagina or anus of your partner. Ultimately, the Judicial Board would decide if a particular activity not listed above is defined as "sexual relations."

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  1. The Kenyon College Sexual Misconduct Policy is built on the requirement of obtaining verbal consent.
  2. The use of alcohol and other drugs impairs judgment and undermines the ability to make good decisions, including decisions about sexual activity. Students need to realize that when they engage in sexual activity after consuming alcohol or using other drugs, they are acting in a potentially risky and harmful manner. Moreover, the risks and dangers become more real when students engage in sexual activity after becoming intoxicated.
  3. A level of intoxication can be reached, short of losing consciousness, where your judgment is so impaired that you are not capable of giving valid verbal consent. It is the task of the Judicial Board to determine if this point of impairment has been reached before verbal consent is given.
  4. The use of alcohol or drugs does not minimize your responsibility for Sexual Assault or any other form of Sexual Misconduct. Being under the influence of alcohol, or any other drugs, does not excuse behavior. In particular, it does not mitigate or nullify a charge of Sexual Assault or any other form of Sexual Misconduct.
  5. The use of alcohol or drugs does not, in and of itself, negate your ability to give verbal consent, nor does it remove your responsibility to communicate your feelings and ensure that any verbal consent you give is valid.
  • Definition of Verbal Consent: Verbal Consent is given when a student clearly indicates by spoken words his or her willingness to engage in a particular form of sexual relations.
  • Understanding the Verbal Consent Requirement : Verbal consent must be given for each form of sexual relations that take place, and this consent must be given immediately before each form of sexual relations occurs. For example, a woman who consents to vaginal intercourse and cunnilingus has approved participation in these forms of sex, but she has not consented to participation in other forms of sex such as anal intercourse or fellatio. Both people need to be specific about the forms of sexual relations to which they are consenting. Any form of sexual activity to which both people do not verbally consent is not allowed. Silence on the part of one or both parties is not consent.
  • Verbal consent for any and all sexual activities may be withdrawn by either party at any time before the completion of the sexual activity (or activities) in question. To withdraw consent once it has been given, normally a clear and strong verbal statement is required. The main exception to this rule is that consent is automatically withdrawn by a person who has fallen asleep or passed into a state of unconsciousness.
  • Obviously, verbal consent that is gained through the use of physical violence, verbal threats, or other forms of coercion is not valid.
  • Both sexual participants have a responsibility to communicate their feelings and to ensure that verbal consent has been given before sexual relations occur. However, in situations where one student clearly is the initiator of sexual activity and the other student is clearly the responder, then a greater burden falls on the initiator of the sexual act(s) to ensure that verbal consent has been granted by the responding student. In situations where both students are active in initiating sexual activity, the responsibility falls on both students equally. Verbal consent should be explicity sought and explicitly granted. Lack of verbal objection is not consent.
  • If neither student sought nor obtained the partner's verbal consent, but one person was very active in initiating sexual relations, and the other person was not, then the student actively initiating sexual relations would generally be subject, if a Judicial Board conviction is obtained, to the sanctions provided for Sexual Assault.

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  1. Alcohol is a factor in the vast majority of sexual assaults and acquaintance rapes.
  2. Alcohol and drugs impair judgment and undermine an individual's ability to give and ask for consent. Impairment increases dramatically with increased alcohol consumption.
  3. High-Risk drinking includes: chugging, drinking games, shots (drinking anything out of a punch bowl, trough, hose, or funnel); drinking to get drunk (intoxicated); driving after drinking or riding with someone under the influence; drinking too much or too fast on an empty stomach; going to parties where people drink too much; not knowing what is in your glass or leaving it unattended; mixing alcohol with any medications or illegal drugs.
  4. Low-Risk drinking includes: thinking about whether you will drink and what you will drink before the party; being 21 or older; eating a meal before drinking (abstaining is the safest choice); drinking no more than one drink per hour; always knowing what you are drinking; alternating alcohol-free drinks through the evening; knowing how you will get home safely before you go out.
  5. If the accuser has been illegally using alcohol or other drugs, she or he should not use that fact as a reason for not reporting an incident of sexual misconduct. The seriousness of sexual misconduct is the major concern, and the College will treat the case as such. The College does not want any of the circumstances surrounding a situation to inhibit the reporting of sexual misconduct

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Cases where force or threats are used, or where the victim is asleep or unconscious, or when intoxicants are forcible, deceitfully, or surreptitiously administered to the victim by the assailant or the assailant's associates are particularly severe cases of Sexual Assault. In such cases, the required penalty for the responsible party is Dismissal (permanent removal) from the College.

For other cases of Sexual Assault the usual penalty for the responsible party should be either Dismissal from the College or Suspension from the College for a period of at least two semesters or for as long as the victim is enrolled as a student in the College (whichever is longer).

--An apparent exception to this policy would be a case where neither person gave verbal consent and where both people were clearly active in initiating and participating in all forms of sexual relations that occurred. Although each student would be in violation of Kenyon's consent policy, neither would appear to be responsible of Sexual Assault. If such a case appears before the Conduct Review Board and the Conduct Review Board believes a penalty is warranted, then a penalty less severe than Suspension would seem to be appropriate.

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Definition of the Offense

  • Inappropriate Sexual Touching occurs when a student intentionally touches another student's body in a sexual way and in an inappropriate context. Inappropriate Sexual Touching can be done "skin on skin" or through clothing. However, skin on skin touching of a person's genitals or anus without consent is more than Inappropriate Sexual Touching, it is Sexual Assault. Exactly what constitutes Inappropriate Sexual Touching varies according to the context and the nature of the relationship, if any, between the people involved.
  • Unwanted Sexual Touching occurs when a student continues to touch another student in a sexual way after the student being touched has indicated, by words or actions, that the touching is not desired and should stop. Penalties
  • Because of the range of behaviors that it covers, there is no recommended penalty for Inappropriate or Unwanted Sexual Touching. However, Dismissal from the College should be considered as the punishment in severe cases of Inappropriate or Unwanted Sexual Touching.

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Definition of the Offense

  • If a student knows that he or she is infected with a disease or condition which can be transmitted sexually, that student has an obligation to inform potential sexual partners of his or her condition before having sexual relations with them. If the infected student fails to do this, then he or she is guilty of Endangering the Health of Another Person. Penalties
  • The recommended penalty for Endangering the Health of Another Person is Suspension from the College for a period of at least two semesters. However, dismissal from the College should be considered as the punishment in severe cases of Endangering the Health of Another Person.

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  • A definition of Sexual Harassment and the procedures for students to follow in cases of Sexual Harassment -- click here.

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