Definition of Sexual Misconduct Sexual Misconduct refers to all forms of inappropriate physical, verbal or other behavior on the basis of sex or gender, including without limitation rape, sexual assault, sexual harassment, sexual exploitation, relationship violence and stalking, each of which is defined below. Sexual Misconduct also includes any attempt to commit such behavior, as well as assisting, inducing or attempting to assist or induce someone else to commit such behavior. See all prohibited forms of sexual misconduct listed below: Title IX Sexual Harassment Title IX Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following: (1) An employee of the college conditioning the provision of an aid, benefit or service of the college on an individual’s participation in unwelcome sexual conduct; (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education program or activity; or (3) Sexual assault, dating violence, domestic violence or stalking, as defined below. “Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the FBI. “Dating violence” means violence committed by a person (A) who is or has been in a social relationship of an 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. “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Massachusetts, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Massachusetts. “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others or (B) suffer substantial emotional distress. To be considered Title IX sexual harassment, the conduct described above must occur in a Dean education program or activity within the United States. A Dean “education program or activity” is a location, event or circumstance over which the college exercises substantial control over both the respondent and the context in which the Title IX sexual harassment occurs.
Relationship Abuse is the use of physical force, coercion, threats or sexual misconduct toward a current or former partner in a personal, intimate relationship. Psychological, verbal and/or emotional manipulation also constitute relationship abuse if it has the effect of creating reasonable fear, isolation or restriction of access to resources, education or work. Relationship abuse includes behaviors that are defined as dating and/or domestic violence for purposes of Massachusetts law, Title IX or Clery Act reporting. The behaviors generally form an ongoing pattern of behavior, although one severe instance of physical or sexual abuse may be sufficient to establish relationship abuse. Relationship abuse is directed primarily against a person who is or has been involved in a sexual, dating, domestic or other emotionally, romantically and/or physically intimate relationship with the respondent, although the abuse may be directed toward the family members, friends, pets or property of the targeted partner. Examples of relationship abuse include: • Physical abuse (e.g., slapping, pulling hair, punching) • Threats of abuse (e.g., threatening to hit, harm or use of a weapon on another or self, or other forms of verbal abuse) • Emotional/psychological abuse (e.g., harassment, name calling, manipulation) that creates and maintains a degrading environment. • Sexual abuse (e.g., forced sexual conduct and/or any behavior that meets the definition of sexual assault) • Financial Abuse (e.g., quid pro quo, forcing one to use financial resources, withholding financial resources) Stalking is behavior directed toward another person that would cause a reasonable person to experience substantial emotional distress or fear for their safety or the safety of others. Sexual Exploitation involves taking nonconsensual or abusive advantage of another person’s sexuality, including without limitation invading someone’s sexual privacy; obtaining or distributing images or audio of sexual activity, intimate body parts or nudity without consent; allowing another person to observe or listen to sexual activities without consent; and voyeurism. Retaliation Retaliation in addition to prohibiting Sexual Misconduct, the College strictly prohibits retaliation against any person who reports an incident of Sexual Misconduct, participates in an investigation of Sexual Misconduct, or supports a victim of Sexual Misconduct. Any person who commits such retaliation is subject to discipline up to and including dismissal from the College or termination of employment with the College. Resources and Supportive Measures All students or employees who are victims of sexual misconduct are encouraged to report the matter and seek assistance from the various resources available on campus, off campus or both. Resources are available to victims regardless of whether they wish to pursue a criminal complaint or College disciplinary action.
Department of Campus Police and Safety
Department of Campus Police and Safety
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