Middlebury Handbook

Middlebury  is committed to promoting healthy, safe, and balanced lifestyles. Student organizations and athletic teams can play a vital role in this process, and can provide transformative opportunities for friendship, leadership, and personal growth and discovery. Hazing of any kind is antithetical to these goals; therefore, Middlebury prohibits hazing activities, whether by an individual or an organization. In keeping with Middlebury’s prohibition of any kind of hazing, training and educational activities are periodically conducted with appropriate staff who support students and campus life.

1. Policy Statement

Middlebury prohibits hazing activities of any kind, whether by an individual or an organization, and including passive participation in hazing activities. Because of the socially coercive nature of hazing, implied or express consent is not a defense under this policy (or under state law in Vermont or California). Passive participation in hazing may include witnessing hazing taking place as a group member, affiliate or guest, or participating in or being present in person or via technology in discussions where hazing is planned. Retaliating against an individual for reporting or protesting hazing activities is also prohibited by this policy. Hazing activities violate this policy whether or not they involve alcohol, and whether or not they occur on a Middlebury campus. Hazing activity may lead to disciplinary proceedings against individuals and/or organizations, including but not limited to disciplinary consequences for individuals, and/or the probation, suspension, or termination of a student organization or athletic team. Culpability for any violations of this policy may be attributed to active and passive participants, the student group and/or its members, and/or its elected or appointed officers.

Hazing activity is subject to additional penalties or fines and/or criminal prosecution by the state of Vermont; See 16 V.S.A. Sec. 570k & 570l; see also Referral to Law Enforcement, below. For anti-hazing laws in California, see Matt’s Law SEC. 3. Section 245.6, Part 40 of Division 5 of Title 3 of the Education Code, and EDUCATION CODE – EDC [48900-48927].

The student leaders of all registered student organizations and athletics programs are required to acknowledge annually that they will comply with the terms of Middlebury’s Policy Against Hazing. Retaliation against any individual, directly or indirectly, for making or participating in a complaint about hazing is prohibited under Middlebury’s general Retaliation policy.

2. Definitions

For the purposes of this policy, the term “hazing” means; any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons), against another person or persons regardless of the willingness of such other person or persons to participate, that is committed in the course of an initiation into, an affiliation with, or the maintenance of membership or holding office in, a student organization; and causes or creates a risk, above the reasonable risk encountered in the course of participation in any Middlebury team, program or organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including:

• whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity
• causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity
• causing, coercing, or otherwise inducing another person to consume food, liquid,
• alcohol, drugs, or other substances
• causing coercing, or otherwise inducing another person to perform or simulate sexual acts
• any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct
• any activity against another person that includes a criminal violation of local, State, Tribal or Federal law
• any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law
• any activity that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating or demeaning the student
• planning, soliciting, directing, aiding, or otherwise participating actively or passively in the above acts.

Middlebury prohibits hazing as defined by the Stop Campus Hazing Act (SCHA) through this Policy.

Middlebury also prohibits hazing as defined by applicable Vermont hazing statutes, which definition is stated in the Vermont Hazing Statutes section of this Policy, below, as well as applicable California statutes.

Activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals is not considered to be hazing, provided that:

(i) the goals are approved by a Middlebury official who oversees the activities of the organization or team (e.g., coach or Office of Student Engagement); and

(ii) the activity or conduct furthers the goals in a manner that is appropriate, contemplated by Middlebury, and normal and customary for similar programs at other educational institutions.

"Student Organization," for purposes of this policy, is an organization at Middlebury (such as an athletic team, association, corporation, order, society, corps, cooperative, club, band, student government, or other similar group, in which two or more of the members are enrolled students at Middlebury, whether or not the organization is established or recognized by Middlebury.

“Initiation” (or pledging)" means any action or activity related to becoming a member of an organization.

"Student" includes but is not limited to any person who is enrolled in or pursuing a degree or credit in any Middlebury program.

a. Examples

Middlebury policies include the prohibition of many activities that have traditionally been associated with hazing, such as illegal substance use and abuse, vandalism, theft, verbal or physical abuse or threat of harm, sexual harassment, and other forms of harassment. In addition to those activities and conduct expressly prohibited elsewhere in this Handbook, examples of prohibited individual/group activities that may constitute hazing when otherwise falling within the definition above include but are not limited to the following:

i. Encouraging the use of alcohol or illegal drugs

ii. Shaving, tattooing, piercing or branding

iv. Threatening or causing physical restraint

v. Nudity

vi. Throwing substances or objects at individuals

vii. Assigning unreasonable chores or acts of servitude

viii. Forcing or coercing consumption or use of any substance

x. Interfering with adequate time for study

xi. Requiring the wearing of apparel or acting in a way that is conspicuous and not within community norms

xii. Blindfolding

xiii. Subjecting someone to abusive or demeaning conduct

3. Policy Violation Review Process

a. Authority
The Vice President for Student Affairs or an appropriate designee (hereinafter referred to as “VPSA”) monitors the implementation of this policy and imposes sanctions for violations. Any questions concerning the interpretation or application of this policy should be referred to the VPSA.

b. Reporting
All Middlebury community members are expected to report activities believed to be hazing to a Class Dean, Director of Athletics, Office of Student Engagement, Dean of Students, the AVP of Student Affairs for the Institute and the Schools, or the VPSA. See contact information below.

c. Process
i. When an allegation of hazing or related retaliation is made, the VPSA or appropriate designee will determine initially whether the report or complaint alleges conduct that is prohibited by this policy and whether an investigation should be initiated. The VPSA may also suspend the activities of the organization or the activities of individual members thereof pending the outcome of the investigation.

ii. If the VPSA determines that an investigation should proceed, an investigator(s) will be appointed to conduct an investigation. The investigator is authorized to contact any and all individuals with potentially relevant information, and to access relevant records and documents. The nature and scope of the investigation is within the discretion of the investigator and/or the VPSA.

iii. All participants in the investigation are expected to cooperate fully by providing complete, accurate, and truthful information, including documents, evidence, statements, etc. Participants may be asked to keep the substance of their interview with the investigator confidential.

iv. After the investigation is completed, the investigator shall issue a report to the VPSA that includes recommended findings, based on a preponderance of the evidence standard, i.e., whether it was more likely than not that this policy was violated. The report may be issued in a form appropriate to the nature of the investigation, including oral reporting, and will be accompanied by all evidentiary material considered in the investigation.

v. Prior to the VPSA’s determination, the VPSA will provide a summary of allegations to the student leaders of the organization under investigation, and the organization will have an opportunity to provide a responsive statement by a deadline established by the VPSA.

vi. After review of the investigator’s report, the evidentiary material and the responsive statement, if submitted, the VPSA shall issue a determination as to whether hazing occurred, based on a preponderance of the evidence standard. The complaining party, if identified, and the responding party under investigation will ordinarily be notified of the VPSA’s determination as to whether there was a policy violation.

d. Additional Information

Information about reports of hazing will also be provided to Middlebury’s Public Safety Department to enable compliance with Middlebury’s obligations under the Clery Act.

Middlebury will publish a Campus Hazing Transparency Report as required by the SCHA.

4. Sanctions

a. Sanctions for organizations may range from permanent suspension of recognition or authorization to operate, through cancellation, termination or restriction of activities and events, and other sanctions tailored to the particular circumstances.

b. Sanctions for individuals may include all of the usual sanctions under Middlebury’s undergraduate disciplinary policies, the disciplinary policies of the Middlebury Institute, or the disciplinary policies of other Middlebury programs, as appropriate, fines and restitution, and other sanctions tailored to the particular circumstances. The VPSA may refer hazing allegations concerning individual students to a judicial affairs officer from the appropriate Middlebury program for review, adjudication and sanctioning..

5. Additional Policy Violations

Reported incidents may be referred to Community Standards, CR/TIX, or other Middlebury officials, as appropriate to the circumstances, to address alleged violations of other Middlebury policies, including but not limited to Middlebury’s General Conduct Standards and Non-Discrimination Policy.

6. Referral to Law Enforcement

Middlebury will ordinarily report allegations of hazing to law enforcement authorities when, in the judgment of the VPSA, the nature of the allegations suggests that the hazing activity, if it occurred or is occurring, presents a risk of serious harm to students or other persons, or involves a potentially serious violation of law.

7. Contact Information

Department of Public Safety
Emergency: 802.443.5911
Non-emergency: 802.443.5133

Vice President for Student Affairs
Smita Ruzicka
802.443.5382
sruzicka@middlebury.edu

Director of Athletics
Erin Quinn
802.443.5253
quinn@middlebury.edu

Dean of Students
Joe Russell
802.443.3417
Joer@middlebury.edu

Associate Vice President of Student Affairs for the Institute and Schools
Derek Doucet
802.443.3108
ddoucet@middlebury.edu

Class Deans
Scott Barnicle:  802.443.3350, sbarnicl@middlebury.edu
Sabrina Durand: 802.443.3321, sdurand@middlebury.edu
Matt Longman:  802.443.3350, longman@middlebury.edu
Jennifer Sellers:  802.443.3340, jsellers@middlebury.edu

8. Vermont Hazing Statutes

Title 16 V.S.A. § 178 provides in pertinent part that the Board of Trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy prohibiting hazing, which shall define hazing in a manner that is at least as stringent as the definition contained in 16 V.S.A. § 11(a)(30). 

Title 16 V.S.A. § 11(a)(30) defines hazing as:

any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution; and that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of a student. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in these acts. Hazing may occur on or off the campus of an educational institution.

Hazing under Vermont law shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that:

(i) the goals are approved by the educational institution; and

(ii) the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions.

“Organization” under Vermont law means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members primarily are students at an educational institution, and that is affiliated with the educational institution.

“Pledging” under Vermont law means any action or activity related to becoming a member of an organization.

9. Statement of Policy Regarding Hazing Prevention and Awareness Programs

Through the publication of this Policy Against Hazing and its awareness and prevention programs related to hazing, Middlebury seeks to promote understanding and intolerance of prohibited hazing behaviors in the Middlebury community.

Middlebury is committed to proactive, research-informed efforts to prevent hazing in its community.  Middlebury will offer campus-wide prevention and awareness programs that are designed to reach students, faculty, and staff.  These efforts will include, but are not limited to, the following:

• Primary prevention strategies, such as training on the negative consequences of hazing, the importance of mutual respect, the promotion of healthy group dynamics and how to build group cohesion without hazing, skill building for bystander intervention, information about ethical leadership, and how to identify and stop hazing before it occurs.
• Focused interventions for high-risk groups.
• Publication of findings of responsibility, consistent with the Campus Hazing Transparency Report requirements of the SCHA.
• Ongoing assessment and adaptation of anti-hazing awareness and prevention programs based on evidence and emerging best practices.

Middlebury’s awareness and prevention programs are adopted and led by the Vice President of Student Affairs.