Affirmative Action

i. The degree to which the conduct affected the Complainant’s ability to access the College’s education program or activity;
ii. The type, frequency, and duration of the conduct;
iii. The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
iv. The location of the conduct and the context in which the conduct occurred;
v. Other Sex-Based Harassment in the College’s education program or activity; or

(3) Specific offenses.

(i)       Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system by the Federal Bureau of Investigation;

(ii)      Dating violence meaning violence committed by a person:

A. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

B. Where the existence of such a relationship shall be determined based on a consideration of the following factors:

i. The length of the relationship;
ii. The type of relationship; and
iii.The frequency of interaction between the persons involved in the relationship

(iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:

A. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the victim;
B. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
C. Shares a child in common with the victim; or
D. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction

(iv)     Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

A. Fear for the person’s safety or the safety of others; or
B. Suffer substantial emotional distress.

PROTECTED CLASS(S)/CLASSIFICATION(S):  Characteristics or groups of persons protected from discrimination by law and under this Policy, including:

a. Age - Persons 40 years of age or older.

b. Color - Variations in skin tone among persons of the same race.

c. Disability - A person with a disability is one who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.

d. Ethnicity - See National Origin.

e. Gender Identity - An individual’s sense of their gender as male, female, a blend of both, or neither, which may or may not be different from their sex assigned at birth.  Gender identity is a term that covers a multitude of identities including, but not limited to, gender nonconforming individuals, nonbinary individuals, and transgender individuals, and includes any person whose gender identity or gender presentation falls outside of or is perceived to be outside stereotypical gender norms.

f. Genetic Information - Any written, recorded individually identifiable result of a genetic test or explanation of such a result or family history pertaining to the presence, absence, variation, alteration, or modification of a human gene or genes.

g. LGBTQIA+: Refers to people who are lesbian, gay, bisexual, transgender, queer, questioning, asexual, intersex, nonbinary, or describe their sex characteristics, sexual orientation, or gender identity in another similar way.

h. National Origin - A “national origin group” or “ethnic group” is a group sharing a common language, culture, ancestry, and/or other similar social characteristics.

i. Natural and Protective Hairstyles – all hairstyles covered under the Massachusetts CROWN Act, including but not limited to, braids, locks, twists, Bantu knots, hair coverings and other formations.

j. Parental Status: The status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of physical or mental disability, is:

1. Biological parent;
2. An adoptive parent;
3. A foster parent;
4. A stepparent
5. A legal custodian or guardian;
6. In loco parentis with respect to such person; or
7. Actively seeking legal custody, guardianship, visitation, or adoption of such a person.

k. Persons of Color - Members of the following racial classifications: Black, American Indian/Native Alaskan, Asian/Pacific Islander, and Hispanic/Latino.

l. Pregnancy or Related Condition: Pregnancy, childbirth, termination of pregnancy, or lactation; or medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, termination of pregnancy, lactation or related medical conditions.

m. Race - Discrimination laws do not contain a definition of “race,” but are interpreted to prohibit discrimination on the basis of ancestry or physical or cultural characteristics associated with a certain race, such as skin color, hair texture or styles, or certain facial features, and on the basis of stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. All individuals, including persons of more than one race and the following racial classifications, are protected from discrimination:

• Black: All persons having origins in any of the Black racial groups of Africa.
• White (not of Hispanic origin): Persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.
• Hispanic/Latino: All persons of Mexican, Puerto Rican, Cuban, Central, Latin or South American or other Spanish culture or origin, regardless of race.
• Cape Verdean: All persons having origins in the Cape Verde Islands.
• Asian or Pacific Islander: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands, including, for example, the areas of China, India, Japan, Korea, the Philippine Islands and Samoa.
• American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

n. Religion - “Religion” and “creed” have the same or equivalent meaning: all religious and spiritual observances, practices, and sincerely held beliefs.

o. Sex Characteristics: Sex characteristics is intended to refer to physiological sex-based characteristics. Discrimination based on a person’s physiological sex characteristics may include discrimination based on a person’s anatomy hormones, and chromosomes associated with male or female bodies. Discrimination on the basis of sex characteristics includes discrimination based on intersex traits.

p. Sexual Orientation - Actual or perceived heterosexuality, homosexuality, bisexuality, pansexuality, or asexuality either by orientation or by practice, including but not limited to LGBTQIA+ people as defined in this policy.

q. Sex Stereotypes: Fixed or generalized expectations regarding a person’s aptitudes, behavior, self-presentation, or other attributes based on sex.

r. Veteran - Any person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States, including the National Guard.

If at any time subsequent to the implementation of this Policy, additional protected classifications are established, individuals in those classifications shall be protected against discrimination under this Policy. 

RESPONDENT OR RESPONDING PARTY:  The person against whom a complaint is directed, including an individual who has been reported to be the perpetrator of conduct that could constitute Sex-Based Harassment. Only a person in their individual capacity can be a Respondent in a complaint process. The Respondent is presumed not responsible.

SUPPORTIVE MEASURES: Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

1. Restore or preserve that party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or
2. Provide support during the College’s complaint processes or during an informal resolution process or mediation. 

TIME:  The number of days indicated at each level shall be considered as a maximum.  All reasonable efforts shall be made to expedite the process, but the President or their designee may extend the time limits in extenuating circumstances with notice to the parties in writing, or by mutual written agreement between the parties.

TITLE IX COORDINATOR:  A College employee, or their designee, assigned the responsibility for maintaining the College’s compliance with Title IX, the Massachusetts Campus Sexual Violence Law of 2021, and the related policies of the College.  The Title IX Coordinator is responsible for administering this Policy, the Sex-Based Harassment Policy, and its Sex-Based Harassment Complaint Process.  The Title IX Coordinator may also serve as the College’s Affirmative Action Officer.  If these positions are held by different individuals, the AAO and the Title IX Coordinator may collaborate on the enforcement of any aspect of this Policy.  The Title IX Coordinator should not have other job responsibilities that may create a conflict of interest. For example, serving as the Title IX Coordinator and a disciplinary hearing board member or general counsel may create a conflict of interest.  There may also be a Deputy Title IX Coordinator designated to assist the Title IX Coordinator in the performance of their duties.  The College’s Title IX Coordinator Peter Sennett, Vice President of Human Resources & Payroll and Affirmative Action Officer and can be contacted at (978) 630-9160. 

D. Specific Policies

I. SUPPORT OF AND COMMITMENT TO DIVERSITY

The Community Colleges have historically been a major contributing element to the emergence of our nation as one of the most technologically and economically advanced societies of the world. The important role that the Community Colleges can play is profoundly dependent upon the extent to which they may draw from the full collective of intellectual resources within each College's community of scholars, students, and admin­istrators. Any condition or force that impedes the fullest utilization of the human and intellectual resources available represents a force of destructive consequence for the development of our Commonwealth, and ultimately, our nation.

 Community College students, faculty, staff and visitors must be free from conduct that has the purpose or effect of interfering with an individual's academic or professional perfor­mance and creating an intimidating, hostile or demeaning educational or employment environment. Therefore, the Community Colleges establish a policy of unequivocal condemnation of all forms of ethnic, religious, cultural, or racial intolerance within the fifteen College communities.

This policy condemns all conditions and all actions or omissions, including all acts of verbal harassment or abuse, which deny or have the effect of denying to an individual their rights to equality, dignity and security in violation of their rights guaranteed under the law. The policy reaffirms the doctrine of civility, appreciation for pluralism and the pre‑eminence of individual human dignity as preconditions to the achievement of an academic community that recognizes and utilizes the resources of all persons while recognizing and reaffirming the tenets of academic freedom as stated in applicable collective bargaining agreements. The Community Colleges recognize their obligation to protect the rights of free inquiry and expression, and nothing herein shall be construed or applied so as to abridge the exercise of rights under the Constitution of the United States and other federal and state laws.

The Community Colleges will vigorously strive to achieve diversity sufficiently reflective of our society. However, diversity alone will not suffice. There must be a unity and cohesion in the diversity that we seek to achieve, thereby creating an environment of pluralism.

The Community Colleges bear a responsibility by edict and an obligation by social morality to promote understanding and acceptance of ethnic, cultural, religious and racial diversity as we strive to create an atmosphere of dignity for all individuals and groups within our system of public higher education. The President or their designee will take reasonable measures to prevent and discourage harassment and will act positively to investigate alleged harassment and to affect a remedy or resolution when an allegation is determined to be valid.

II. POLICY AGAINST PROHIBITED CONDUCT

a. Introduction

The mission of the Community Colleges is to educate, train and prepare our students to live and work in our increasingly global and diverse workforce. It is our commitment to take all possible steps to provide an inclusive and diverse learning, living, and work environment that values diversity and cultural tolerance and looks with disfavor on intolerance and bigotry. Any condition or force that impedes the fullest utilization of the human and intellectual resources available represents a force of destructive consequences for the development of our Commonwealth and ultimately, our nation.

b. Definitions

Prohibited Conduct includes: Discrimination, Discriminatory Harassment, Sex-Based Harassment and Retaliation. These terms and all Protected Class(s)/Classification(s) are defined under the “Definitions” section of this Policy.   

c. Policy Prohibitions

The Policy prohibits all conditions and all actions or omissions, which deny or have the effect of denying to any person their rights to equity and security on the basis of their membership in or association with a member(s) of any protected class. This policy reaffirms the values of civility, appreciation for racial/ethnic/cultural/religious pluralism and pre-eminence of individual human dignity as preconditions to the achievement of an academic community, which recognizes and utilizes the resources of all people.

In order to promote an atmosphere in which diversity is valued and the worth of individuals is recognized, the Colleges will distribute policy statements and conduct educational programs to combat all Prohibited Conduct.

The prohibition on Prohibited Conduct contained in this Policy shall apply to and be enforced against all members of the College community, including, but not limited to, faculty, librarians, administrators, staff, students, vendors, contractors and all others having dealings with the institution.

d. Conduct That is Not Prohibited

The Community Colleges are committed to protecting, maintaining and encouraging both freedom of expression and full academic freedom of inquiry, teaching, service, and research. Nothing in this Policy shall be construed to penalize a member of the College community for expressing an opinion, theory, or idea in the process of responsible teaching and learning. Accordingly, any form of speech or conduct that is protected by the principles of academic freedom or the First Amendment to the United States Constitution is not subject to this policy.

e. Complaint Procedures

The Community Colleges have established a specific internal procedure to help resolve claims and complaints of violations of this Policy on their campuses (see Section L “Complaint Procedures)). Any current or former student(s) or employee(s), or current or former applicant for admission or employment, or a person other than a student or employee if they were participating or attempting to participate in the College’s education program or activity, who believes that they have been subjected to Prohibited Conduct may initiate a complaint as outlined herein. Prohibited Conduct that occurs under a recipient’s education program or activity includes, but is not limited to, conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the College, and conduct that is subject to the College’s disciplinary authority. Further advice or information may be obtained by contacting the Affirmative Action Officer or Title IX Coordinator. 

f. Duty to Cooperate

Every faculty member, librarian, administrator, staff member, employee, agent, or other person authorized by the College to provide aid, benefit, or service under the College’s education or activity has a duty to cooperate fully and unconditionally in an investigation conducted pursuant to this Policy’s Complaint Procedure, subject to the provisions of any relevant collective bargaining agreements. In addition, every individual participating or attempting to participate in the College’s education program or activity has a duty to cooperate fully and unconditionally in an investigation conducted pursuant to this Policy’s Complaint Procedure.

This duty includes, among other things, speaking with the Affirmative Action Officer, Title IX Coordinator or other authorized personnel or investigator and voluntarily providing all information and documentation which relates to the claim being investigated.  The failure and/or refusal of any employee to cooperate in an investigation may result in disciplinary action up to and including termination.

g. Duty to Report

• General Responsibility to Report Prohibited Conduct

No member of the College community who receives a complaint of Prohibited Conduct can ignore it; they should give to the person making the complaint as much assistance in bringing it to the attention of the Affirmative Action Officer or Title IX Coordinator as is reasonably appropriate given their position at the College and relationship with the person making the complaint. 

• Reporting of Sex-Based Harassment by Nonconfidential Employees

Allegations involving Sex-Based Harassment shall be reported by all “Nonconfidential Employees with Authority” to the Title IX coordinator or official designee as soon as the employee becomes aware of it.  A Nonconfidential Employee with Authority includes any College employee: who has the authority to take action to redress Sex-Based Harassment; who has been given the duty of reporting Sex-Based Harassment to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty.  Nonconfidential Employees with Authority shall include, but are not be limited to, College trustees, administrators, department chairs, program coordinators, campus police, club/activity advisors, coaches, managers or supervisors.

“Nonconfidential Employees without Authority”, which consists of all other College employees, including but not limited to, faculty, adjunct instructors and staff, shall either (1) notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Sex-Based Harassment or (2) provide the contact information of the Title IX Coordinator and information on how to make a complaint of Sex-Based Harassment. 

Nonconfidential Employees may not maintain the anonymity of the reporting party and are required to share this information with the Title IX Coordinator.

• Failure to Report by Nonconfidential Employees

Incidents of Failure to Report by Nonconfidential Employees will be investigated by the Title IX Coordinator as a violation of this Policy. A Nonconfidential Employee found responsible for failing to notify the Title IX Coordinator of conduct that reasonably may constitute Sex-Based Harassment or failing to provide an individual with the contact information of the Title IX Coordinator and information on how to make a complaint of Sex-Based Harassment, may be subject to discipline. Discipline for violating this Policy may include, but is not limited to, mandatory counseling or training, verbal or written warnings, suspension, termination from employment, and/or expulsion from the College. 

• Mandatory Reporting of Abuse Under State Law

Children (a person under the age of 18) may be students at the College, or may be engaged in activities sponsored by the College or by third-parties utilizing College facilities.  In such instances, where an employee has reasonable cause to believe that a child is suffering physical or emotional injury, resulting from among other causes, sexual abuse, including Sex-Based Harassment, the employee and the College may be obligated to comply with the mandatory reporting requirements established at M.G.L. Chapter 119, Section 51A-E.  In such cases, the employee is directed to immediately report the matter to the College’s Affirmative Action and/or Title IX Coordinator, who, in consultation with other officials, shall contact the Commonwealth’s Department of Children and Families and/or law enforcement.  An employee may also contact local law enforcement authorities or the Department of Children and Families directly in cases of suspected abuse or neglect.  State law also maintains mandatory reporting requirements for certain occupations where abuse or neglect is suspected of adults age 60 or older or children and adults with disabilities.  For more information on these reporting requirements please contact the College’s Affirmative Action Officer or Title IX Coordinator.

Any member of the College community who has a question about their responsibilities under this Policy should contact the Affirmative Action Officer or Title IX Coordinator.

III. SEX-BASED HARASSMENT POLICY

a. Introduction

It is the goal of the Community Colleges to promote an educational environment and workplace that is free of all forms of Sex-Based Harassment.  Sex-Based Harassment of students or employees occurring in or limiting access to an education program, activity, or workplace will not be tolerated by the College. Further, any retaliation against an individual who has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process, in complaint processes, or in any other actions taken by a College will not be tolerated.  To achieve our goal of providing a campus and workplace free from Sex-Based Harassment, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by students or employees.

Because the Community Colleges take allegations of Sex-Based Harassment seriously, we will respond promptly to complaints of Sex-Based Harassment and where it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective measures, including disciplinary action where appropriate and consistent with applicable collective bargaining agreements.

The Community Colleges do not discriminate on the basis of sex and prohibit Sex-Based Harassment in any education program, activity, or workplace that it operates, as required by Title IX, including in admission and employment.

The College will provide a notice of nondiscrimination to students; employees; applicants for admission and employment; and all unions and professional organizations holding collective bargaining or professional agreements with the College.

Inquiries about Title IX maybe referred to the College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both.

The College’s Title IX Coordinator is Peter Sennett, Vice President of Human Resources & Payroll and Affirmative Action Officer and can be contacted at (978) 630-9160. 

The College’s nondiscrimination policy and complaint processes can be located at https://mwcc.edu/wp-content/uploads/2021/11/Affirmative-Action-Equal-Opportunity-and-Diversity-Policy-2021.pdf.  A printed version of the policy and complaint process is available in the Office of Human Resources & Payroll, H102, the LaChance Library, or the Office of Student Services, H128 or on the Leominster Campus in L200.

To report information about conduct that may constitute Sex-Based Harassment or make a complaint of Sex-Based Harassment under Title IX, please contact the Office of Human Resources & Payroll, H102, or refer to the complaint process in this Policy located at Section L. beginning on page 46 and available at https://mwcc.edu/wp-content/uploads/2021/11/Affirmative-Action-Equal-Opportunity-and-Diversity-Policy-2021.pdf

b. Definition of Sex-Based Harassment

Sex-Based Harassment, as defined under the “Definitions” section of this Policy, means any discrimination based on sex, including but not limited to, sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity, quid pro quo harassment, hostile environment harassment, or one of four specific sex offenses referenced in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) as amended by the Violence Against Women Act of 2013, or any offenses referenced in the Massachusetts Campus Sexual Violence Law of 2021.   

All employees and students should take special note that, as stated above, retaliation against an individual who has made a complaint about Sex-Based Harassment, or retaliation against individuals who have cooperated with an investigation of Sex-Based Harassment will not be tolerated by the Community Colleges.

c. Confidential Reporting Resources 

Persons who have experienced prohibited forms of Sex-Based Harassment under this Affirmative Action Policy may share information confidentially with Confidential Employees who cannot reveal identifying information to any third party unless one or more of the following conditions is present:

• the individual has provided written consent to disclose information; 
• there is a concern about imminent harm to self or others; 
• the information concerns the neglect or abuse of someone who is a minor, elderly, or disabled; or 
• an employee is responsible for providing non-identifiable information for purposes of the Clery Act. 

Please bear in mind, however, that if one requests certain supportive measures from the College (e.g., extension for academic work, or changing classes or work locations), other College officials may be contacted only for the purpose of providing the requested measures. In such cases, one’s privacy will be maintained to the extent that respecting confidentiality will not impair the College’s ability to provide the requested measures. One may also confidentially report any form of Sex-Based Harassment, sexual assault, domestic violence, dating violence, stalking, and/or retaliation as well as other forms of sexual violence and gender-based harassment to community support resources, which are not required to share information with the College.

Confidential resources include those who provide privileged and confidential support, such as physicians and clergy, regardless of whether they are employed by the College.

d. Complaints of Sex-Based Harassment

All Complaints of Sex-Based Harassment shall proceed under this Policy’s Complaint Process.  To make a complaint a person may do so by contacting the College’s Title IX Coordinator. The individuals who have a right to make a complaint of Sex-Based Harassment include a Complainant; a parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant, and the Title IX Coordinator.

In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator may determine whether to initiate a complaint of Sex-Based Harassment. To make this fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

(1) The Complainant’s request not to proceed with initiation of a complaint;

(2) The Complainant’s reasonable safety concerns regarding initiation of a complaint;

(3) The risk that additional acts of Sex-Based Harassment would occur if a complaint is not initiated;

(4) The severity of the alleged Sex-Based Harassment, including whether a violation, if established, would require the removal of a Respondent from campus or imposition of another

disciplinary sanction to end the Sex-Based Harassment and prevent its recurrence;

(5) The age and relationship of the parties, including whether the Respondent is an employee of the College;

(6) The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing Sex-Based Harassment, or Sex-Based Harassment alleged to have impacted multiple individuals;

(7) The availability of evidence to assist a Title IX Coordinator in determining whether Sex-Based Harassment occurred; and

(8) Whether the College could end the alleged Sex-Based Harassment and prevent its recurrence without initiating a complaint.

e. Sex-Based Harassment Investigation

A Complaint of Sex-Based Harassment will be promptly investigated in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will be conducted in accordance with this Policy’s Complaint Process and may include a private interview with the person filing the complaint and with witnesses. The person alleged to have committed Sex-Based Harassment will also be interviewed. 

The investigation process for complaints of Sex Based Harassment enables the Title IX Coordinator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of Sex-Based Harassment.  The Title IX Coordinator may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible, however, the Title IX Coordinator must not draw an inference about whether Sex-Based Harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Once the investigation is complete, the College will, to the extent appropriate, inform the parties of the results of that investigation.  

If it is determined that a violation of this Policy has occurred, the College will act promptly to eliminate the offending conduct, and where it is appropriate also impose disciplinary sanctions.

f. Disciplinary Action

Discipline for violating this Policy may include, but is not limited to, mandatory counseling or training, verbal or written warnings, suspension, termination from employment, or expulsion from the College. 

g. Consensual Relationships

• Faculty/Administrator/Staff Member Relationships with Students

​A romantic and/or sexual relationship, consensual or otherwise, between a faculty member, administrator or staff member and a student is looked upon with disfavor and is strongly discouraged.  No faculty member shall have a romantic and/or sexual relationship, consensual or otherwise, with a student who is being taught or advised by the faculty member or whose academic work is being supervised or evaluated, directly or indirectly, by the faculty member.  No administrator or staff member shall have a romantic and/or sexual relationship, consensual or otherwise, with a student who the administrator or staff member supervises, evaluates, advises, or provides other professional advice or services as part of a College program or activity.

• Relationships Between Supervisors, Subordinates or Co-Workers

A consenting romantic and/or sexual relationship between a supervisor and subordinate or co-workers may interfere with or impair the performance of professional duties and responsibilities and/or create an appearance of bias or favoritism.  Further, such relationships could implicate state ethics laws and/or result in claims of Sex-Based Harassment or retaliation. Therefore, such workplace relationships are strongly discouraged.

h. Identification

Personally identifiable information about parties of Sex-Based Harassment will be treated as confidential and only shared with persons with a specific need to know and/or who are investigating and/or adjudicating the complaint, delivering resources or support services to the Complainant or as public safety requires.  The College does not publish the names or other identifiable information of parties of Sex-Based Harassment in the campus police department’s Daily Crime Log, in any Timely Warnings issued or online.  In accordance with the Family Educational Rights and Privacy Act (FERPA), an individual may request that no directory information maintained by the College be released absent their prior, written consent.

i. Supportive Measures

Title IX requires the College to offer and coordinate, as appropriate, as reasonably available, non-disciplinary/non-punitive reasonable steps to preserve or restore equal access to its education programs and activities. Supportive measures protect individuals from any Sex-Based Harassment or other Prohibited Conduct, including offering supportive measures during the investigation or informal resolution process, irrespective of whether the Complainant ever chooses to file a Complaint. Such measures must not unreasonably burden either party, must not be for punitive or disciplinary reasons, and must be without fee or charge to either party. The College shall take these steps promptly once it has notice of an allegation of Sex-Based Harassment. Examples of interim protective measures include, but are not limited to, the following:

• Counseling;
• Extensions of deadlines or other course-related adjustments (for example: changing class schedule, withdrawal without penalty, providing student services such as tutoring, alternate class completion options);
• Modifications of work schedules or job assignments;
• Campus escort services;
• Increased security and monitoring of certain areas of the campus;
• Restrictions on contact applied to one or more parties;
• Changes in class, work housing, or extracurricular, or any other activity, regardless of whether there is or is not a comparable alternative;
• Leaves of absence;
• Training and education programs related to Sex-Based Harassment; and
• Other similar measures.

The specific supportive measures implemented and the process for implementing those measures will vary depending on the facts of each case.  The College will consider a number of factors in determining what supportive measures to take, including, for example, the specific needs expressed by either party; the severity or pervasiveness of the allegations; any continuing effects on either party; whether the parties share the same classes, dining schedule, transportation, or job location; and whether other judicial measures have been taken to protect either/both parties (e.g., civil protection orders).

In general, when taking supportive measures, the College shall minimize the burden on either party.  The College must maintain as confidential any supportive measures provided to either party, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.

j. Amnesty  

Students may be hesitant to report Sex-Based Harassment out of concern that they, or witnesses, might be charged with violations of the College’s drug/alcohol policy and/or the Student Code of Conduct.  While the College does not condone such behavior, it places a priority on addressing allegations of Sex-Based Harassment. Accordingly, the College may elect not to pursue discipline against a student who, in good faith, reports, witnesses or possesses personal knowledge of an incident of Sex-Based Harassment.

k. Protections for Complainant Regarding Sexual Assault

A person subjected to Sexual Assault shall:

• Be provided with a copy of the College’s Sex-Based Harassment – Complainant’s Rights and Information Advisory, which shall include information concerning counseling, health, and mental health services, victim advocacy and support, law enforcement assistance, and other services available on and off campus;
• Have the right to pursue, or not pursue, assistance from campus administration officials or campus law enforcement;
• Not be discouraged by College officials from reporting an incident to both on-campus and off-campus authorities;
• Be provided assistance in contacting local law enforcement if requested and have the full and prompt assistance and cooperation of campus personnel should a civil and/or criminal complaint be pursued;
• Be free from any suggestion that they somehow contributed to or had a shared responsibility in the violent act;
• Receive the same level of support at any proceeding before College officials as is permitted to the accused party, including the presence of an advisor during any disciplinary proceeding and the right to be notified in a timely manner of the outcome of such proceedings and any appeal right available;
• Receive full and prompt cooperation from College personnel in obtaining and securing evidence (including medical evidence) necessary for any potential criminal proceedings;                                  
• Have access to existing College counseling and medical professionals, victim support services, and to obtain referrals to off-campus counseling and support services if desired;
• Be permitted to attend classes, work and participate in College activities free from unwanted contact or proximity to the Respondent insofar as the College is permitted and able;
• Be permitted to request changes to an academic schedule if such changes are requested by the alleged victim and are reasonably available; and
• Be informed of any no-contact or no-trespass orders issued to the Respondent by the College and the College’s commitment to honor any court-issued restraining or protective orders, to the extent permitted by law.  

l. Recommended Procedures for a Victim of Sexual Assault

For a person subjected to an act of sexual assault, there can be time-sensitive decisions to make about sexually transmitted infections, pregnancy, and collecting physical evidence in the event of prosecution.  Individuals who have been victims of sexual assault are advised as follows:

• Protect Yourself and Get Medical Attention – A victim should be advised to go to a safe place as soon as possible and seek medical attention immediately.  Injuries and exposure to disease may not be immediately apparent. A medical examination can provide necessary treatment and collect important evidence. It is recommended that a physical exam be conducted within 72 hours of the sexual assault. Submitting to a physical exam does not mean that a victim is required to press charges. This action merely preserves the option to do so.  Designated College personnel can assist in providing transportation to the hospital.
• Preserve Evidence - It is important to preserve all physical evidence following an act of sexual assault.  Physical evidence may be necessary in the event criminal prosecution is pursued.  If possible, a victim should be advised not to wash, eat, drink, douche, clean, use the bathroom, or change clothes. If clothes are changed, all clothes that were worn at the time of the incident should not be cleaned and should be placed into an unused or a clean paper bag.
• Health and Support Services - Various health and support services are available on and off campus for students and employees who have experienced sexual assault.  For information about such services, including counseling, please contact the Title IX Coordinator.

m. Rape Crisis Center Contact Information[1]

Rape Crisis Centers offer FREE services to survivors of sexual assault, including:

• 24/7 hotline counseling, information, and referral;
• Will go with survivors to hospitals and/or police stations 24/7;
• Will go with a survivor to court;
• Provide one-to-one counseling and support group counseling; and
• Provide primary prevention education; professional training; outreach.