NOTICE OF DETERMINATION i Delivered via confidential email ‘ + William & Mary Police received a report of sexual misconduct. This report alleged tha the respondent and a university student, violated the rights of another W&M student, } under the College's Interim Policy on Semval Misconduct, Dating and Domestic Violence, and Stalking (the “Policy”). The report was assessed, investigated and processed under the Student Sexual Harassment art Misconduct Grievance/Complaint Procedure (the “Procedure”), In accordance with Section VI of the Procedure, the Director of Student Conduct spoke with the reporting party and the respondent, respectively, to make initiel Notification, provide information about the process and his/her rights, and to communicate interim measures. These interim meee are taken to prevent retaliation, prevent continuation or recurrence of the alleged ‘misconduct, prevent the creation of (or: remedy) a hostile or offensive environment, and ensure {hat the reporting party is able to participate in the university's educational and other programs and activities. The following interim measures were taken: * Respondent was placed on interim suspension and banned from campus * Nocontact orders were put into place * Parties were informed of the availability of campus Tesources, including counseling Parties were instructed about Prohibitions of retaliationThe investigators carefully considered ‘any party responses, completed the investigation and finalized the report. Ort ~ the investigators provided me with the investigation plow The investigation report axa nox unchude & conclusion or recommendation as to whether there had been a violation of Policy. times on his chosen date of iz ‘. The Tespondent ‘subsequently declined to select or seit citer time based on a pending query made fe ney of University Counsel, The Tespondent received a response to his query on ~ Band did not further a The entire Policy is included with this notification as Enclosure A, In accordance with Section VI(H) of the Procedure, I or ‘my designee determines whether the Policy was violated using a Preponderance ofthe evidence standard,DECISION & RATIONALE Based on review of the evidence in the investigation Teport, I do not find that there exists a Preponderance of evidence that a violation occurred, Ttis undisputed that sexual activity between, «and ~~ took place on of around the evening off eit Patties acknowledged engaging in kissing ona conch at @ social gathering in a, ‘partment, and. intercourse at two different times over the course oF the night, Though { . Stated that she hs limited memories stemming from approximately 11 PM ca the night of the incident to Perform specific acts. Based on this information, vonciaded that) : Sonsented to their sexual encounter, and as——— yas unable o real those portions of the evening, she did not dispute! account of those expressions of consent, Nevertheless, the Policy states that “Whether a person is incapacitated is determined using a standard of whether a similatly-situated (and sober) reasonable Person would, or should, have known the person was incapacitated and therefore unable to provide effective consent.” Thus, in order to find theta violation took place, there must be sufficient evidence of the reporting party's