Note: Sexual assault and intimate partner violence are discussed in the Title IX/VAWA Policy. See Section W.
A physical assault occurs when a person knowingly or willfully causes or attempts to cause physical harm to another person without the consent of the alleged victim. Physical harm includes any injury, illness or other physiological impairment, regardless of its gravity or duration. Intentionally spitting on another person is considered to be physical assault regardless of whether it results in physical harm.
Examples of assault include, but are not limited to: punching; beating; kicking; spitting; hitting (open- or closed-handed); and any other unwanted physical contact that results in physical harm to the alleged victim. When a student is found responsible for violation of this policy, the recommended sanction is a minimum of one-semester suspension from the College. When a student is found responsible for assault on a staff or faculty member (including student staff members), the recommended sanction is a minimum one-year suspension.
Threats/menacing are considered to be forms of assault that occur when a person knowingly or willfully causes another person to believe that the offender will cause physical harm or mental distress to the alleged victim or to the alleged victim’s friend or family member, or physical harm to the alleged victim’s property. Threats/menacing is considered to be more serious when the incident involves force or coercion. Force, for purposes of this provision, may involve the use or display of a weapon, or any other violence, compulsion, constraint or other threatening physical behavior that causes immediate fear of physical harm. Coercion, for purposes of this provision, involves psychological pressuring or threats that are generally non-physical, including, but not limited to, the abuse of a power relationship (e.g., campus leader to student member of group), or the use of alcohol or other drugs intended to hinder resistance to the threat/menacing. Hazing, as it is defined and discussed in detail in section O, can be considered a form of menacing.
Unwanted contact includes, but is not limited to shoving, pushing, tripping, etc. that is done without the alleged victim’s consent but does not result in physical harm. A minimum sanction of deferred suspension is recommended for first-time violators. Subsequent violations could result in suspension or dismissal from the College. In cases of unwanted contact, all parties may be charged and a thorough investigation conducted. The adjudicating body will determine responsibility in the case.