Sexual Assault Policy

Third Party Reporting of Sexual Assault

Reporting of sexual assault by a person who is a third party (someone who has been told of or otherwise has credible knowledge about a sexual assault, but is not the victim nor the perpetrator of the assault) raises important questions about persons’ responsibilities in intentional communities and the tension between the emotional and physical safety of an individual and her/his agency, versus the safety and agency of a community.

Students, faculty and staff, in accordance with Principles and Practices, are encouraged to “assume responsibility for upholding and maintaining the standards and expectations of the Earlham community. Individuals assume full responsibility for their actions and work to assure the rights, freedoms and safety of all members of the Earlham Community” (Student Handbook Planner). This Sexual Assault Policy Statement asserts that as a community we will “work actively toward creating an environment in which any inclination toward sexual assault is unthinkable.” At the same time, this policy tells a victim of sexual assault that “the choice [of what path to take regarding reporting , or not reporting, or how to report a sexual assault] is yours” while much of what the College knows about sexual assault on campus comes from third party student reports. It is difficult to know how to reconcile these various positions. It is hard for most thoughtful and compassionate people to take an unambiguous position on third party reporting.

For College faculty, the College’s expectations are clear. Faculty members, consistent with the College By-laws, are responsible for student life. All other than counselors or clergy are required to report knowledge of sexual assault to the appropriate College official. The investigation of these reports leads to emotional and physical help for victims and a safer campus environment for all.

Students are under no such requirement. However, while it is frequently the victim who reports a sexual assault, any third party (other than a Student Advocate, or Student Active Listener) who comes to possess serious information about an assault should also feel the obligation to report it to a Senior Administration official. This is true whether the third party has become aware of the alleged assault through conversation with the victim, with the perpetrators, or through some other credible sources. If the alleged perpetrator is a student, the alleged incident should be reported to the Associate Dean for Student Conduct; if a faculty/staff member, then to the Provost or College Grievance Officer.

To make a third party report of, or bring forward information about, an alleged sexual assault does not, in itself, initiate charges. If there appears to be validity in a third party report, the College will investigate and, on the basis of that investigation, may pursue a variety of responses to campus events and perceptions. The College may also encourage the parties involved to make a charge. The College cannot insist that someone bring a charge. (See: “How You Can Expect the College to Respond to an Assault.”)