Dismissal of a Formal Title IX Complaint A formal complaint may be dismissed by the Title IX Coordinator if they deem that the allegation does not constitute sexual harassment as defined in the Sexual Misconduct Policy. • A dismissal of the formal Title IX complaint does not preclude adjudication of behavior as it may be defined as a non-Title IX violation within the Code of Conduct. The Complainant or the College may proceed with an investigation of the alleged non-Title IX violation. • The Complainant may withdraw the complaint at any time during the investigation by notifying the Title IX Coordinator in writing. • Upon dismissal of a complaint, both parties will be notified promptly in writing. Informal Resolution A complainant may request the facilitation of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication. • The college will provide written notice to both parties of the allegations, including the requirements of the informal resolution process. • Both parties must provide voluntary written consent to the informal process. • In an informal resolution, either party has the ability to withdraw from the informal resolution process and resume a formal resolution process, but only before an agreement has been reached. • All records collected during the informal process could be made available during the formal process. Once an agreement has been reached, the parties are precluded from resuming a formal Effective Consent means that at the time of the sexual contact, all participants are of legal age to consent to the activity at issue and use words or conduct to communicate freely given approval or agreement, without force, coercion or incapacitation. Consent may not be inferred from silence or passivity. Consent to one act does not imply consent to other acts, nor does past consent to an act imply present or future consent. In addition, consent once given may be withdrawn at any time. If consent is withdrawn, whatever sexual contact is occurring must immediately stop. Individuals are unable to give effective consent if they are: • Incapacitated by illness, alcohol or drugs, and the other person knew or reasonably should have known of the incapacitation • Forced, coerced, threatened or subject to intimidation • Physically incapable of communicating, asleep or unconscious complaint of the same allegation. Common Terms Defined Respondent — Alleged perpetrator of sexual misconduct.
Consent while under the influence of alcohol or drugs is valid consent unless the person is under the influence to the point of being incapacitated. Incapacity occurs when an individual is mentally or physically incapable of giving consent and therefore lacks the ability to make or act on considered decisions to engage in sexual activity. An individual may be incapacitated due to alcohol, drugs or other through a disability. Educational and Proactive Programs – The College offers programs to the campus community that raise awareness of incidents of sexual misconduct and encourage community members to utilize prevention strategies. Collectively the programs offered address the following: policy expectations regarding sexual misconduct, options for reporting an incident, strategies for risk reduction (for example: how alcohol can impact one’s ability to give consent), bystander intervention strategies (for example: how friends can intervene in an unsafe situation), and ongoing strategies to prevent sexual misconduct. 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) Violence involves inflicting any physical or sexual harm toward a current or former person to whom you are or have been in a dating relationship with. Relationship violence is also known as domestic or dating violence or intimate partner violence. Examples of relationship violence may include but are not limited to: intimidation through threats of violence, physical or emotional abuse, unwanted and extreme control other another person with whom you are, or have been, in a relationship.
Department of Campus Police and Safety
Department of Campus Police and Safety
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