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Sexual Misconduct, Dating/Domestic Violence, and Stalking Policy

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I. Policy Statement
II. Scope of Policy/ Jurisdiction
III. Defining and Recognizing Sexual Misconduct

IV. Reporting Options/Support Resources

V. Resolution Process

VI. Other Information

I. Policy

Mount Ida College is committed to providing a campus environment free of discrimination and harassment.  To that end, Mount Ida prohibits Sexual Misconduct, that, under this policy, can include: (1) sex and gender based discrimination; (2) sexual and sex and gender based harassment; (3) sexual assault; (4) sexual exploitation; (5) stalking; and (6) relationship violence (including dating and domestic violence).  Under this policy, Sexual Misconduct can occur in any sex or gender configuration (i.e., between the same sex or different sex or gender) and regardless of actual or perceived sex, gender, gender identity, gender expression, and/or sexual orientation.  Mount Ida also prohibits retaliation.  Sex and gender based discrimination and harassment are prohibited by Mount Ida policy and can constitute violations of Massachusetts and/or federal law.  State and federal laws include Title IX of the 1972 Education Amendments, which prohibits sex and gender based discrimination in all College programs and activities, Title VII of the 1964 Civil Rights Act, and its state counterpart, M.G.L. c. 151B, prohibits sex and gender based discrimination in employment, the Violence Against Women Act (VAWA), as amended, and other state and federal laws prohibit sexual assault, stalking and relationship violence (including dating and domestic violence).

Questions about this policy, Sexual Misconduct or Title IX can be directed to Mount Ida’s Director of Equity Compliance and Title IX coordinator, Sonia Jurado, (617-928-4024, sjurado@mountida.edu, Shaw Hall 2nd, Floor Room 4).

The College takes all allegations of Sexual Misconduct seriously and is committed to providing information, education, support resources, interim measures, and clear reporting options for the Mount Ida community to prevent and address such conduct.

The College strives to respond to Sexual Misconduct that it knows or should know about in order to stop prohibited conduct, prevent the recurrence of any conduct of concern, prevent and/or eliminate any hostile environment, and, where appropriate, address any effects on campus from such prohibited conduct.  Mount Ida is committed to addressing and working towards preventing crimes of sexual violence that are never acceptable and will not be tolerated.

Violations of this Policy are subject to disciplinary action through the Resolution Process found in this Policy.  Depending on the nature of the violation, disciplinary sanctions for violations of this Policy may include denial of privileges, disciplinary probation, suspension and expulsion for students, and may include warnings (verbal or written), demotions, suspensions, and termination for employees.  Some of this conduct may also be a violation of the law.  Criminal definitions under Massachusetts law for some of the conduct described under this Policy such as relationship violence (including dating and domestic violence) and stalking can be found at the end of this Policy.  Mount Ida will honor an individual’s decision either to pursue or to decline to pursue a law enforcement remedy.

Mount Ida is committed to assisting individuals involved in matters of Sexual Misconduct (as a reporting party, accused, or witness) through available support resources and interim measures.  Information about those resources can be found in this Policy or on the Equity Compliance website:  www.mountida.edu/equitycompliance.  Confidential support resources can be found on campus through the Center for Wellness Services for students (617-928-4599; 617-928-4699 for after-hours counselor-on-call) or the Employee Assistance Program (EAP) for employees (800-451-1834 available 24/7; www.allonehealtheap.com Username: mount ida; Password: employee).

Retaliation against anyone who makes a good faith report or complaint of an incident of Sexual Misconduct, or who in any way participates in an inquiry or investigation of Sexual Misconduct under this policy is strictly prohibited.  A person engaging in retaliatory conduct will be subject to disciplinary action by the College.

Mount Ida College reserves the right to make changes to this Policy as necessary.  The most up-to-date version of this Policy that is currently in effect at the College can be found on the Equity Compliance website. If government regulations change in a way that impacts this Policy, this Policy will be construed to comply with government regulations in their most recent form.

II. Scope of Policy/ Jurisdiction

This Policy applies to all students [1], employees [2] and any other individuals who participate in the College’s programs or activities, regardless of actual or perceived sex, gender, gender identity/expression and/or sexual orientation.  This Policy applies to conduct occurring on campus and to any and all off-campus Mount Ida College programs, activities or events (including, but not limited to any national or international College-sponsored or College-led trips).  In addition, this Policy applies to conduct that may have occurred off-campus but that has an impact on the College community.

On occasion, the person accused of Sexual Misconduct may be someone who is not affiliated with Mount Ida College.  Under those circumstances, the College’s ability to respond to the incident may be limited.  While the College may have limited ability to take direct action against a non-affiliate, the College will strive to provide support resources and take steps to assist the victim/survivor (and to the extent applicable, the larger campus community).

There may also be occasions where a non-affiliated person, or third party, has experienced Sexual Misconduct which is alleged to have been committed by a College student or employee.  If the alleged conduct did not occur on campus or at a College program, activity or event, and/or the person bringing the complaint is not a College affiliate, the matter will be referred to the Title IX Coordinator, Sonia Jurado (sjurado@mountida.edu; 617-328-4024) for a determination regarding whether the College can exercise jurisdiction over the matter.  In determining whether to exercise jurisdiction over these types of matters, Mount Ida will consider what effect the off-campus conduct has on the College community.

  • [1]The term student means all persons who have expressed their intent to enroll at the College by paying their deposit and/or registered for classes, or otherwise entered into any other contractual relationship with the College to take instruction. This includes but is not limited to all individuals (1) taking classes in person or through distance learning whether on a part-time or full-time basis, pursuing undergraduate or graduate degrees, (2) who reside in College-sponsored housing or who live off campus, and (3) who are not enrolled for the current semester but who have a continuing relationship with the College. Student status ceases when an individual graduates, is not enrolled for two consecutive semesters, or an individual is suspended or dismissed for any reason.
  • [2] “Employees” refers to anyone employed by the College including faculty and staff.

III. Defining and Recognizing Sexual Misconduct

A. Important Definitions

  • Consent
    To be effective, consent must be an informed, deliberate and voluntary decision to engage in mutually acceptable sexual activity.  Consent is an affirmative process.  Consent can be given by words or actions as long as those words or actions create clear, mutually understandable permission regarding the conditions of sexual activity.  It is the responsibility of the person who wants to engage in sexual activity, or who maybe initiating that sexual activity, to make sure that they have received consent from any other person(s) involved.  If an individual is not sure if they have received consent, they have an obligation to seek additional clarification.  Failure to do so could violate this policy and lead to disciplinary action.  Consent cannot be based on assumptions.  Mount Ida College policy always requires that individuals obtain consent before engaging in sexual activity.

a. What is Consent?
Consent occurs when individuals willingly, unambiguously and knowingly agree to engage in sexual activity and that agreement is communicated in a clear and affirmative manner that is understood by all of the parties involved.  Affirmative consent is active not passive.  Consent can be given by words or actions as long as those words or actions create clear, mutually understandable permission regarding the conditions of sexual activity.  Relying solely on non-verbal communication, which can often be unclear, can lead to misunderstandings and harmful consequences for all of the parties involved.  Individuals should be able to clearly articulate why and how they knew they had received consent and what they considered to be indications of consent before they engaged in sexual activity. Consent is often given with certain explicit or implied boundaries, such as agreeing to have sexual intercourse but only with the use of a condom.  Violating the boundaries of consent means that an individual is engaging in behavior beyond that which was agreed on, making it non-consensual.It is important to remember:

  • Consent to one sexual act does not constitute or imply consent to another act
  • Previous consent cannot imply consent to future sexual acts
  • Consent is always required and cannot be assumed based on the parties’ relationship status or sexual history together
  • Consent can be withdrawn at any time before or during sexual activity by either part

b. What is Not Consent?
Consent may not be inferred from silence, passivity or a lack of objection.  Individuals who do not physically oppose or verbally refuse sex or sexual activity are not necessarily giving consent.  Silence or a failure to resist does not equal consent.  It is the responsibility of the person wanting to engage in or initiating each stage of sexual activity to make sure that they have received consent at each of those stages from all person(s) engaged in the sexual activity.  If a person is not sure if they have consent, they have an obligation to seek additional information.  The use of alcohol or other substances does not relieve an individual of their obligation to obtain consent before initiating and/or engaging in sexual activity (see Consent and the Use of Alcohol or Drugs below for more information). Some behaviors and comments that do not indicate affirmative consent include (but are not limited to):

  • Silence
  • “I don’t know.”
  • “Maybe”
  • A head shake
  • Lack of objection
  • Not fighting back or resisting
  • Ambiguous responses such as “uh huh” or “mm hmm” without more
  • A verbal “no,” even if it may sound indecisive or insincere

Consent must be received for each individual sexual act that an individual wishes to engage in with another person(s).  Individuals who are unconscious or in a state of incapacity (as discussed below) cannot consent to sexual activity.  Consent can never be obtained by use of force (as defined below), which includes physical force, violence, threats, intimidation, abuse of power/authority, coercion and/or duress.

c. Consent Can Never Be Given By:

  1. Someone who is incapacitated. A person can be incapacitated through the use of drugs, alcohol or any other intoxicating substance, or when they are unconscious, asleep or otherwise unaware the sexual activity is occurring.  See the definition of Incapacity below for more information.
  2. Someone under the legal age of consent. The legal age of consent in the Commonwealth of Massachusetts is sixteen (16).  Sexual activity with a person who is under the age of consent (16) is an automatic or per se violation of the Sexual Misconduct Policy, regardless of whether the underage person was a willing participant in the conduct.
  3. Someone who is mentally disabled or cognitively impaired. Certain mental disabilities or cognitive impairments can cause a person to be unable to knowingly consent to sexual activity. It is a violation of the Sexual Misconduct Policy to engage in sexual activity with a person whose mental disability or cognitive impairment renders them incapable of giving consent and the disability/impairment is known or should have been known to the non-disabled sexual partner. Under these circumstances, the conduct is non-consensual regardless of whether or not the person appeared to be a willing participant.

d. Consent and the Use of Alcohol or Drugs

Engaging in sexual activity while under the influence of alcohol or drugs can impair an individual’s ability to be sure they have received consent.  A person who has consumed alcohol and/or drugs still has a responsibility to obtain ongoing consent for any sexual activity with another person(s).  The use of alcohol and/or other drugs by the person initiating sexual activity will never be an excuse for failing to obtain consent. A victim/survivor that was using alcohol and/or drugs is never responsible for being subjected to Sexual Misconduct.  Once a person has reached the point of incapacitation by alcohol or drugs, they can no longer consent to sexual activity under this policy (see definition of Incapacity below).  Because it can be difficult to know when someone has passed from the state of intoxication to a point of incapacitation, if you have any doubt about a person’s ability to consent, you should not engage in sexual contact with them.

2. Incapacity
Incapacity is a state in which someone cannot make a decision because they lack the ability to fully understand what is happening.  When incapacitated, an individual moves from being simply drunk and/or under the influence of drugs and/or alcohol and becomes physically and/or mentally debilitated due to their drug or alcohol consumption.  Individuals can also be incapacitated because they are unconscious or asleep.  A person who is incapacitated cannot consent even if they appear to be a willing participant.

An individual who is intoxicated may be able to consent to sexual activity. However, when an individual passes from intoxication to a state of incapacitation, they no longer have the ability to give consent under this policy.  It is important to remember that it is often difficult to tell when someone has moved from being intoxicated and become incapacitated.  A person who is under the influence of alcohol and/or other substances may have difficulty assessing whether someone has moved from intoxication to incapacitation.  If there is any question or doubt about whether an individual has become incapacitated, it is best not to engage in sexual activity with them.

Some indications of incapacity include (but are not limited to):

  • Slurred speech or other difficulty communicating
  • Difficulty walking or standing
  • Vomiting
  • Trouble keeping eyes open
  • Unconsciousness
  • Confusion or lack of understanding
  • Disorientation to place, time and/or location

Sometimes an individual can be incapacitated without displaying any of these signs.  For instance, in some circumstances, a person in a blackout state can appear to be conscious when they are actually incapacitated and unable to consent.

Engaging in sexual activity with someone a reasonable sober person would know or should have known was incapacitated is a violation of this policy.  It is the responsibility of the individual who wants to engage in sexual activity, or the person who is not incapacitated, to make sure that the other individual(s) involved are able to consent.

3. Force
The use of force to cause someone to engage in sexual activity is by definition, non-consensual contact. Force is not limited to physical violence, but also includes threats, intimidation, abuse of power, coercion, duress or any combination of these behaviors.  The use of force is never acceptable in any circumstance and could also violate other College community standards.  The presence of force during sexual activity negates any indications of consent.

a. Physical Force, Violence
Physical force is the use of power, violence or strength upon another person’s body.  It can also be using ones physical size or presence to restrain another.  If an individual’s use of physical force or, violence, or threat of physical force or violence makes another person participate in or perform a sexual activity they might not have otherwise agreed to, or did not want to engage in, it is a violation of this policy.

Physical force and violence includes (but is not limited to):

  • Restraining someone
  • Not allowing someone to leave
  • Imposing on someone physically
  • Using a weapon
  • The presence or suggestion of a weapon
  • Hitting or pushing someone

b. Threats
A threat occurs when someone says or implies there will be negative consequences from failing to acquiesce to or comply with sexual activity.  It is a violation of this policy if an individual uses threats to make another person participate in or perform a sexual activity that they might not have agreed to engage in otherwise.  Threats can be implied, veiled and/or non-verbal.

This behavior can include (but is not limited to) threats to:

  • Inflict harm or injury
  • Hurt or kill themselves or someone else
  • Expose some secret or embarrassing information
  • Hurt someone’s reputation
  • Inflict negative social consequences

c. Intimidation or Abuse of Power/Authority
Intimidation or abuse of power/authority occurs when individuals use their real or perceived authority to influence other people to acquiesce or submit to sexual activity.  Intimidation happens through a real or perceived display of superior wealth, status or power that someone uses to make another do what they want them to do.  Real or perceived power can come from things such as class, social status, a teaching position, mentorship, membership in a team or group and/or an individual’s status within a team or group. It implies a power imbalance between the parties. When an individual uses this power/authority/control to influence another to participate in or perform a sexual activity that they might not have agreed to engage in otherwise, they have used force.

d. Coercion or Duress
Under this policy, coercion and duress occur when continual pressure is used to compel someone to engage in sexual activity. The use of this pressure violates the free will of another.  Coercion and/or duress can be bullying an individual into sexual activity that they did not and/or would not have wanted to participate in but for the coercion and/or duress.  Coercion or duress can also be physical or verbal and often involves persistently badgering someone.  Coercion can be a process that happens over a period of time, varying from hours to days or weeks.  In assessing whether coercion was used, the frequency, duration and intensity of the pressure applied will be taken into consideration.

B. Forms of Sexual Misconduct Sex and/or Gender Based Discrimination

  1. Sex and/or Gender Based Discrimination
    Sex and/or Gender Based Discrimination occurs when individuals are treated unfairly, less favorably and/or deprived access, benefits or opportunities in education or employment based on their sex or gender.  Discrimination based on a person’s actual or perceived sex, gender, gender identity, gender expression, and/or sexual orientation is prohibited by this policy.  When individuals are excluded from participation, are treated differently, or are otherwise adversely affected in a term or condition of an individual’s employment, education, living environment or participation in a College program or activity based on their sex or gender, it constitutes discrimination.
  2. Sexual or Sex and/or Gender Based Harassment
    Sexual harassment is a form of discrimination that involves unwelcome or unwanted verbal or physical conduct that is sexual in nature and/or is directed at an individual based on their sex or gender.  It can include sexual advances, requests for sexual favors and other physical or verbal conduct of a sexual nature.  Sexual harassment can also include conduct that may not be sexual in nature, but is directed at a person because of their actual or perceived sex, gender, gender identity, gender expression, and/or sexual orientation.  Harassment can includes offensive conduct such as jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, or other conduct that may be humiliating or that interferes with a person’s education or work environment.  Typically single, isolated incidents (unless extremely serious) will not be enough to rise to the level of harassment.  The conduct is harassment when it begins to interfere with an individual’s education or work environment or their participation in College programs or activities by creating an intimidating, hostile or offensive environment.

This conduct constitutes harassment when:

  • submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of one’s education or employment or is a basis for education or employment decisions; or
  • it is severe or pervasive, objectively offensive, and unreasonably interferes with an individual’s education or work by creating an intimidating, hostile, humiliating or sexually offensive educational or work environment.

Sexual or sex and/or gender based harassment can occur between or among students, staff, faculty and/or third parties.  Sexual or sex and/or gender based harassment can occur between people of unequal power or between peers.

3. Sexual Assault
Sexual assault is a form of sex and gender discrimination.  Sexual Assault is the act of committing unwelcome or unwanted physical contact of a sexual nature. There are many types of sexual assault, including rape.  Such contact is unwelcome or unwanted when it occurs (1) without consent (as defined above), (2) when the other individual(s) involved is incapacitated or otherwise incapable of giving consent (as defined above), or (3) when it occurs with the use of force (as defined above).

Sexual assault can be committed by anyone including a stranger or an acquaintance, such as a friend, intimate partner, coworker, classmate, friend of a friend or someone you just met.  The parties involved can be of any actual or perceived sex/gender, gender identity, gender expression and/or sexual orientation.  Under this policy, sexual assault includes, but is not limited to the following: (1) non-consensual sexual contact; (2) forced sexual contact; (3) non-consensual sexual intercourse; and (4) forced sexual intercourse, as discussed in more detail below.

a. Non-Consensual Sexual Contact is

  • Any intentional sexual touching, however slight,
  • By a person upon another person(s),
  • Without consent or upon an individual who is ncapacitated or otherwise incapable of giving consent (as defined above).

Sexual contact includes, but is not limited to: touching of a person’s intimate parts, such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering those parts; touching a person with one’s own intimate parts; making a person touch you or another; or any intentional bodily contact in a sexual manner, including but not limited to, unwelcome or unwanted hugging, even if that contact does not involve intimate body parts.  If this contact occurs with the absence of consent or upon someone who is incapacitated, it is a violation of this policy.

b. Forced Sexual Contact is

  • Any intentional sexual touching, however slight
  • By a person upon another person(s)
  • Committed against the will of another or by force (as defined above)

Sexual contact includes but is not limited to: touching of another person’s private parts, such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering those parts; touching a person with one’s own intimate parts; making a person touch you or another; or any intentional bodily contact in a sexual manner, including but not limited to, unwelcome or unwanted hugging, even if that contact does not involve intimate body parts.  Force is not limited to physical violence but also includes threats, intimidation, abuse of power, coercion and duress, or any combination of those behaviors.

c. Non-Consensual Sexual Intercourse is

  • Any sexual intercourse or penetration (anal, oral or vaginal), however slight
  • With any object or body part
  • By a person upon another person(s)
  • Without consent or upon a person who isincapacitated or otherwise unable to consent (as defined above)

Sexual intercourse includes (but is not limited to):  penetration (oral, anal or vaginal), however slight with any object or body part, including (but not limited to) fingers, tongue and/or penis; or making someone penetrate another person(s). This includes but is not limited to penetration of a bodily opening or cavity and performing/receiving oral copulation (vaginal, anal or penile).  If this intercourse occurs with the absence of consent or upon someone who is incapacitated, it is a violation of this policy.

d. Forced Sexual Intercourse is

  • Sexual intercourse or penetration (anal, oral or vaginal), however slight
  • With any object or body part
  • By a person upon another person(s)
  • Committed against the will of another or by force(as defined above)

Sexual intercourse or penetration includes (but is not limited to): penetration (oral, anal or vaginal) with any object or body part, including (but not limited to) fingers, tongue and/or penis, or making someone penetrate another person(s). This includes but is not limited to penetration of a bodily opening or cavity and performing/receiving oral copulation (vaginal, anal or penile).  Force should never be used to make someone participate in or submit to sexual activity.  Force is not limited to physical violence, and also includes threats, intimidation, abuse of power, coercion and duress, or any combination of those behaviors.

4. Sexual Exploitation
Sexual exploitation occurs when a person(s) takes non-consensual or abusive sexual advantage of another, for any purpose.  Sexual exploitation can take many forms, including those noted below, but is not limited to just the behaviors listed here.  Other forms of sexual exploitation can occur beyond the categories listed here, as determined by the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu), on a case by case basis

  • a. Photographing or Recording Sexual Activity/Sharing Photographs or Recordings of Sexual Activity
    Sexual Exploitation occurs when someone photographs or records someone (via audio, video or any other medium) involved in sexual activity, or in any state of undress, without their consent.  Even if a person consented to the sexual activity or being in a state of undress, photographing or recording someone without consent goes beyond the boundary of that original consent (as discussed above).The act of sharing or disseminating photographs or recordings of someone involved in sexual activity or in a state of undress, without their consent, also constitutes sexual exploitation.  Even if the images were taken with consent, it is a violation of this policy to share those photographs or recordings without first obtaining the consent of all person(s) involved.  Anyone in possession of the photographs or recordings and who is sharing those images without consent is responsible for sexual exploitation, regardless of whether that individual originally took the photographs or recording.  It is a violation of policy to share those photographs or recordings by digitally forwarding them, posting copies of the images or otherwise sharing, or by simply showing someone else those images without relinquishing possession.
  • b. Voyeurism
    Voyeurism is the act of intentionally observing, spying on or listening to a person(s) involved in sexual activity or in any state of undress, without their consent. Voyeurism also occurs when an individual allows others to observe this behavior without the consent of all the person(s) involved.
  • c. Indecent Exposure
    Indecent exposure is exposing one’s intimate parts, such as genitalia, groin, breast and/or buttocks to someone without their consent.  This behavior is the deliberate showing of intimate parts of the body and may, but does not necessarily have to, include a sexual act.  Engaging in sexual activity in public, witnessed by a non-consenting person(s), is also a form of indecent exposure.

5. Stalking
Stalking is a persistent, unwanted or unwelcome, and repeated course of conduct that would cause a reasonable person to become fearful for their safety or the safety of another, or to suffer substantial emotional distress.  Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.

Anyone can be stalked, regardless of sex or gender.  A stalker can be a stranger, an intimate partner or former partner, classmate, roommate, a teacher, professor, co-worker, or any acquaintance.  An individual can be stalked for several days or many years.  Stalking can happen in person, or over an electronic medium such as the internet, social media, blogs, texts message or other similar means.  Examples of stalking include, but are not limited to, the following unwelcome or unwanted conduct

  • Following a person
  • Appearing at a person’s home, work or class
  • Making frequent calls or sending frequent emails, texts or messages to a person
  • Leaving messages or objects for a person
  • Vandalizing a person’s property

6. Relationship Violence (Dating/Domestic)
Relationship violence is any instance of violence or abuse—verbal, physical, emotional or psychological—that occurs between those who are in or have been in a dating, domestic or other intimate relationship with each other.  Verbal abuse is extreme or excessive use of language, often in the form of insults, name-calling, and criticism, designed to mock, shame, embarrass, harass, or humiliate the other partner, which is objectively offensive and severe, persistent, or pervasive.  Physical violence or abuse occurs when one intentionally or recklessly causes bodily harm, attempts to cause another bodily harm, or puts another in fear of imminent bodily harm.  Emotional and psychological abuse involves a persistent pattern or prolonged climate of dominating or controlling behavior, often involving some type of power imbalance. The abuser’s behavior is often intended to terrorize, intimidate, isolate, or exclude a partner, through behaviors such as relentless denigration and disparagement, threatening to harm a beloved pet or destroy sentimental possession(s), as well as financial and economic abuse and blackmail.

Relationship violence can occur in all types of sexual relationships regardless of sex, gender, gender identity, gender expression, and/or sexual orientation.  To be considered a relationship for purposes of this policy, there must be (or must have been) some romantic, sexual, and/or domestic element to the relationship.  Common relationships are:

  • Married Partners – two individuals who are legally married.
  • Domestic Partners – two individuals who live together and who are romantically involved with one another in some manner, which can (but does not have to) include a sexual component.
  • Dating Partners – individuals who are romantically involved or interested in one another, as a couple (dating exclusively) or through dating casually (i.e. “hooking up” or concurrently involved with other people). This relationship can (but does not have to) include a sexual component.
  • Sexual Partners – individuals who have engaged in at least one sexual act with one another.

C. Retaliation

Retaliation is an adverse or negative action taken against an individual for reporting concerns about Sexual Misconduct, participating in a disciplinary process or otherwise exercising their rights under this Policy.  A retaliatory adverse action can include (but is not limited to):

  • Hostility
  • Intimidation
  • Threats or verbal abuse
  • Exclusion
  • Different treatment
  • Harassment

Retaliation against anyone who files a complaint of Sexual Misconduct and/or who cooperated in a Sexual Misconduct investigation is strictly prohibited.  Any person – student, staff, or faculty – who retaliates against an individual for reporting Sexual Misconduct and/or for participating in a Sexual Misconduct investigation is subject to disciplinary action up to and including dismissal from the College or termination.  The College has the discretion to address issues of retaliation through the Resolution Process in this Policy or through the student conduct process or human resources.  The Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu), in consultation with the Director of Community Standards and/or the Chief Human Resources Officer, will have the discretion to decide what process will be utilized to address incidents of retaliation on a case by case basis.

IV. Reporting Options/Support Resources

Mount Ida College provides employees and students with various options for reporting Sexual Misconduct.  Members of the College community are encouraged to come forward with information regarding violations of this Policy to any of the reporting options listed below.  The College also offers support resources and interim remedial measures to individuals who may have experience or witnessed violations of this Policy or who may be going thought the Resolution Process.  Support resources and interim measures may include, but are not limited to, health and counseling services, no-contact orders, no trespass orders, interim suspensions/ administrative leave, schedule and housing changes, academic support and/or work adjustments.  These resources may be available even if a person chooses not to pursue a complaint or otherwise take action regarding the conduct.

A. Confidential Reporting/Support Options

Certain professionals on campus and in the community have legally recognized privilege which requires them to keep information confidential when it is disclosed to them in the course of their professional role.  This means that, except under limited circumstance, they must keep what their clients tell them secret.  These individuals will maintain the confidentiality of those disclosure unless (i) they are given permission to share information by the person who disclosed the information; (ii) there is an imminent threat of harm to self or others; (iii) the conduct involves suspected abuse of a minor under the age of 18; or (iv) as otherwise required or permitted by law or court order.  Confidential resources include medical care providers, mental health care providers, rape crisis counselors, ordained clergy and attorneys, all of whom have privileged confidentiality that is recognized by law.

Making a disclosure to a confidential resource means that the College will not be place on notice of the incident.  Without that information, the College will not be able to address that incident in any manner.  However, confidential on-campus resources can assist individuals in receiving support resources (such as counseling, housing changes and academic support) when requested and provide information about non-confidential reporting options if that person wishes to notify the College of the conduct.

1. Confidential On-Campus Reporting/Support Options

 a. For Students:

Center for Wellness Services
617-928-4599
617-928-4699 (after hours counselor-on-call)
www.mountida.edu/centerforwellness

The Center can provide confidential medical and counseling services to students during the academic year.  Counseling Services are available for short-term, solution-focused counseling to all students and referrals for longer term counseling.  Students who have experienced Sexual Misconduct or other trauma often find counseling helps them understand, cope, and recover from its effects.  After hours counseling support is also available over the phone.  Medical treatment is also provided by the Center for Wellness Services for injuries or medical concerns.  STD/STI screenings and pregnancy tests are available.  Emergency contraception (EC) medication is also available at no cost to students.  If a person wants forensic evidence collection (or a “rape kit”) the Center for Wellness Services can provide cab vouchers to the local hospitals that provide those services.

b. For Employees:

Employee Assistance Program (EAP)
800-451-1834 (available 24/7)
www.allonehealtheap.com
(Username: mount ida; Password: employee)

The Employee Assistance Program (EAP) is available to all employees at no cost, through AllOne Health.  The EAP provides an array of services to employees and their dependents and/or household members for personal or work-related issues, including up to three (3) short-term confidential counseling sessions and discounted legal consultation.

2. Confidential Off- Campus Reporting/Support Options
There are numerous reporting options and support resources available off campus.  Only a few of the local confidential resources have been included here.  For information regarding other off-campus resources, please visit the Equity Compliance/Title IX website (www.mountida.edu/equitycompliance).

Boston Area Rape Crisis Center (BARCC)
617-492-8306
800-841-8371 (24/7 hotline)
www.barcc.org

BARCC provides confidential counseling, legal advice and advocacy to help individuals who have experience sexual assault or other trauma.  They provide medical advocacy to support you through the evidence collection process (“rape kit”). All services are free and available to regardless of sex or gender.

Newton Wellesley Hospital
617-243-6000
www.nwh.org

The hospital can provide confidential medical treatment for injuries or other medical concerns.  The hospital can also order Evidence Collection Kits (“rape kits”) if requested.  These kits are usually administered by specialized Sexual Assault Nurse Examiner (SANE) nurses.  The hospital will also automatically provide a Boston Area Rape Crisis Center Medical Advocate to support you through the collection kit, and have in-house programs providing additional services to victims of sexual/domestic violence. For more information about Evidence Collection Kits, visit www.surviverape.org.

B. Other Reporting/Support Options
There are a number of additional reporting options available to the Mount Ida community.  These reporting options are not confidential which means that the College will be put on notice regarding this information.  However, any information that is reported will be handled with privacy and discretion by the College.  Only those administrators within the College who are responsible for addressing this conduct or who can assist with support resources will know about the disclosure.  In most cases, the reporting party will have the option to decide whether to pursue any form of process regarding the incident they are reporting.  However, once the College is on notice of the concern, it will strive to stop the conduct and prevent its recurrence on campus regardless of whether action is initiated.  For incidents of Sexual Misconduct, any disclosures will always be shared with the Title IX Coordinator, Sonia Jurado (617-928-4024, sjurado@mountida.edu).  Anyone who is not listed as a confidential resource should be considered to have the obligation to disclose information to the Title IX Coordinator.  For more information, see the section of this Policy regarding Responsible Employees.

  1. Mount Ida College Police Department
    617-928-4777 (available 24/7)
    www.mountida.edu/campuspoliceIf you have concerns about your safety or the safety of others, you should call the Mount Ida College Police Department immediately.  Incidents of Sexual Misconduct can always be reported to the College Police, as many of these behaviors may also constitute criminal behavior.  College Police can conduct investigations into behavior that maybe criminal.  However, simply calling the College Police does not require you to file or pursue criminal charges.  The option to pursue criminal action is left to the discretion of the victim/survivor.  College Police can also provide transportation to the hospital or court (or can provide cab vouchers).  College Police can help if you need immediate access to temporary or long-term housing changes.  College Police can issue no trespass orders and provide information about restraining orders and other orders of protections available through the courts.  If the misconduct did not happen on campus, the incident can also reported to the police in the town/city or campus where it happened.  Reports of Sexual Misconduct that are made to College Police will be shared with the Title IX Coordinator, Sonia Jurado (617-928-4024, sjurado@mountida.edu).
  2.  Residence Life
    617-928-4583 (8:30 a.m. to midnight or contact RA)
    www.mountida.edu/student-life/residence-life
    Resident’s Assistants (RAs) and other Residence Life staff are available 24 hours a day to assist individuals who may have experienced Sexual Misconduct.  Residence Life can help connect you with support resources, including confidential reporting options.  Residence Life can help contact College Police if you have concerns about your safety, need transportation to the hospital or wish to file a police report.  Residence Life can help if you need immediate access to temporary or long-term housing changes.  Residence Life can also provide information regarding interims restrictions, such as no contact orders and interim suspensions.  Reports of Sexual Misconduct that are made to Residence Life will be shared with the Title IX Coordinator, Sonia Jurado (617-928-4024, sjurado@mountida.edu).
  3. Office of Equity Compliance
    Sonia Jurado, Director of Equity Compliance
    Title IX Coordinator
    617-928-4024
    sjurado@mountida.edu
    www.mountida.edu/equitycompliance
    The Office of Equity Compliance is responsible for assisting students, faculty and staff with issues of Sexual Misconduct.  The Office can receive reports of such conduct and will provide information regarding support resources, including no contact orders, housing changes and academic support.  The Office can also provide information about what options may be available for taking action, including the College’s >Resolution Process and criminal and civil legal action.  It is the responsibility of the Office of Equity Compliance to make inquiries into reports of Sexual Misconduct on behalf of the College.  However, individuals who report to the Office usually maintain control over what action, if any, will be taken by the College regarding their report (see the Formal Resolution Processfor more detail).
  4.  Online Reporting – EthicsPoint
    (Anonymous reporting option)
    844-310-3440
    www.mountida.ethicspoint.com
    To make reporting concerns about Sexual Misconduct easier, Mount Ida College uses an independent third party company, EthicsPoint, to provide a confidential, online reporting options for members of our community.  The EthicsPoint reporting portal also provides the option to submit reports anonymously.  All reports submitted to EthicsPoint will be treated seriously and handled with discretion within the College.  Reports made through this online reporting portal regarding Sexual Misconduct will be forwarded to the Title IX Coordinator, Sonia Jurado (sjurado@mountida.edu; 617-928-4024). Anyone filing a report through EthicsPoint will be assigned a report key and will be asked to create a password at the end of the process, both of which should be written down.  Individuals who chose to report anonymously should use their report key and password to check on their report by returning to www.mountida.ethicspoint.com within 5 to 6 days.  The EthicsPoint reporting portal allows the College to send information and ask questions of the anonymous reporter while maintaining their anonymity.  Individuals who do not report anonymously can assume the College will follow up with them directly.
  5. Compliance Officers
    The Compliance Officers include faculty and staff who have been trained regarding issues of Sexual Misconduct.  They are available to take reports from student, staff and faculty and can provide information regarding support resources, including no contact orders, housing changes and academic support.  The Compliance Officer can also provide information regarding the options that may be available for taking action, including College’s Resolution Process and any criminal and civil legal action.  However, individuals who report to the Officers will usually maintain control over what action, if any, will be taken by the College regarding their report (see the Formal Resolution Process for more detail).  All information disclosed to an Officer will be shared with the Title IX Coordinator, Sonia Jurado (617-928-4024, sjurado@mountida.edu).Barbara Akum
    Assistant Professor, Natural & Applied Sciences – Biology
    617-928-4005
    bakum@mountida.eduNancy Aldrich
    Assistant Professor, Business Administration
    617-928-7349
    naldrich@mountida.edu

    Colby Auger
    Financial Services Associate
    617-928-4751
    cauger@mountida.eduMatt Burke
    Executive Director of Athletics
    617-928-7201
    mburke@mountida.edu

    Dawn Couture
    Associate Professor, Criminal Justice, Politics & History
    617-928-7304
    dcouture@mountida.edu

    Ben Davis
    Head Men’s Basketball Coach
    617-928-4054
    bendavis@mountida.edu

    Jason Donati
    Dean, School of Design
    617-928-4650
    jdonati@mountida.eduKatie Greene
    Assistant Athletic Director/Head Women’s Basketball Coach
    617-928-4042
    kgreene@mountida.edu

    Brad Hasting Dean
    School of Social Sciences & Humanities
    617-928-7311
    bhastings@mountida.edu

    Christopher Kubik
    Dean, School of Business & Graduate Studies
    617-928-7354
    ckubik@mountida.edu

    Steve McDevitt
    Chief Technology Officer
    617-928-4088
    smcdevitt@mountida.edu

    Justeane Odams
    Director, Enrollment Systems & Operations, Admissions
    617-928-4748
    jodams@mountida.edu

    Joseph Rios
    Director, Student Affairs Assessment & Engagement Operations
    617-928-4634
    jrios@mountida.edu

    Dan Shea
    Instructor, Funeral Service Education
    617-928-4797
    dshea@mountida.edu

    Reema Zeineldin
    Dean, School of Applied Sciences
    617-928-4754
    rzeineldin@mountida.edu

C. Responsible Employees

All employees of the College—including faculty and staff—are considered Responsible Employees who have a duty to report any incidents of Sexual Misconduct to the College.  Only employees in the Center for Wellness Services are relieved from this duty to report.  Student employees are also Responsible Employees when they receive the information the course of their employment, including Resident Assistants (RAs), Orientation Ambassadors (OAs), Campus Center Building Managers, Resident Life Work Study Students, and Design Mentors.

A Responsible Employee who becomes aware of possible incident of Sexual Misconduct must report all relevant details to the Title IX Coordinator, Sonia Jurado (617-928-4024, sjurado@mountida.edu).  The failure to properly report such incidents may result in disciplinary action up to and including termination for that employee.  A Responsible Employee should not share information with law enforcement unless the disclosing individual wishes to have the police involved, except in situations where a disclosure is required by law or if necessary to address a safety concern.  All Responsible Employees should disclose the extent of their reporting obligations to disclosing individuals and provide that individual with Confidential Reporting Options and information about support resources, to the best of their ability.

D. Interim Restrictions
The College may use Interim Restrictions when alleged violations of this Policy are reported, such as interim suspensions/administrative leaves and no contact orders.

  1.  Interim Suspensions/Administrative Leave
    The College reserves the right to issue an Interim Suspension (students) or Administrative Leave (employees), prior to the commencement or conclusion of a Resolution Process to (1) ensure the physical and emotional health, safety, or well-being of members of the College community; (2) prevent the disruption of, or interference with, the normal operations of the College; and/or (3) when such a restriction is deemed necessary by the College.
    The determination regarding when to issue an Interim Suspension to a student will be made by the Dean/Director-on-Call (DOC) at the time the College learns of the incident.  The Chief Human Resource Officer will determine when such action will be taken regarding employees.  Under most circumstances, the Interim Suspension/Administrative Leave will be issued in person with an explanation of the terms of the restrictions and an opportunity for the individual to ask questions.  A Resolution Process will follow the issuance of an Interim Suspension or Administrative Leave, and the results of that process will determine if and when the student/employee will be allowed to return to campus.  Under certain circumstances, an individual may be moved to a Modified Interim Suspension or Administrative Leave, which would allow a student to be on campus only to attend classes, or for an employee to come to campus for limited work related reasons, during the Resolution Process.Within three (3) business days after the restriction is issued, except during break periods or holidays, the individual will speak with the Director of Equity Compliance, Sonia Jurado (617-928-4024; sjurado@mountida.edu) regarding the status of the pending Resolution Process associated with the Interim Suspension/Administrative Leave.  After that meeting, the individual has the option to request a modification of the Interim Suspension/Administrative Leave.  Any request for modification must be submitted in writing within 48 hours of that meeting, on the appropriate form, which can be obtained from the Director of Equity Compliance.  An individual may submit a request for modification asking to either (1) have the Interim Suspension/Administrative Leave lifted or (2) have the Interim Suspension/Administrative Leave modified to allow the student to attend classes or an employee for to be on campus limited work related reasons.With their request for modification, the individual should submit a brief written explanation regarding why the Interim Suspension should be lifted or modified.  The request for modification may include any supporting documentation that the person believes is relevant.  Please note that any information submitted in support of a request for modification will be made available to the Investigator in the Resolution Process.  For students, the request for modification will be decided by the Dean/Director-On-Call who issued the original Interim Suspension.  For employees, the request for modification will be decided by the Chief Human Resources Officer (or designee).  The request for modification will be decided within three (3) business days from the receipt of the submission.  The request for modification is a paper-based process and will be decided through consideration of the written submission and any information available about the alleged conduct.  The individual will be notified in writing about the decision on their request for modification.  Once the request for modification has been decided, there is no further opportunity to contest the issuance of an Interim Suspension/Administrative Leave.  However, the College reserves the right to modify or remove an Interim Suspension/Administrative Leave at any time as it deems necessary and/or appropriate.
  2. No Contact Orders
    A No Contact Order (NCO) restricts contact, interaction, and communication between two or more individuals, either directly or through others (e.g. friends, family members, attorneys, others, etc.).  A NCO may also include restrictions regarding an individual’s ability to access certain spaces on campus.  When a Resolution Process is initiated (or is going to be initiated), a No Contact Order (NCO) can be put into place at the request of any of the complainant or respondent or when the College deems that a NCO is necessary.When a No Contact Order (NCO) is issued, the individuals involved will receive written notification of the order and will meet with a Student Affairs administrator who will explain the terms of the order and answer any questions.  A College administrator will then be assigned to help facilitate the terms of the NCO so that the individuals involved may attend classes and use College facilities as appropriate.  The goal is for the individuals involved in a NCO to be able continue their academic and social endeavors, to the extent possible, while still avoiding contact during the Resolution Process.   Violations of the terms of a NCO may result in more serious Interim Restrictions being put into place, the initiation of a conduct process to address those violations, and/or information regarding that violation being taken into consideration in the any pending Resolution Process.  A No Contact Order may be kept in place after the conclusion of the Resolution Process as a sanction or when deemed necessary by the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu).For behavior that allegedly violate this Policy, a No Contact Order (NCO) may also be put into place without the initiation of a Resolution Process.  More information regarding issuing NCOs outside of any disciplinary process can be obtained from Director of Equity Compliance, Sonia Jurado (sjurado@mountida.edu; 617-928-4024).

V. Resolution Process

When the College is notified of a possible violation of the Sexual Misconduct Policy, the Title IX Coordinator will attempt to communicate with the victim/survivor regarding that incident.  The Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu) will inform the victim/survivor of available support resources and interim measures, and will discuss the available options for addressing the conduct.  This Resolution Process is the internal College disciplinary procedure that is available to students, staff, faculty and, in some cases, non-affiliated parties, to address violations of this Policy within the Mount Ida Community.  Individuals may also have the option to pursue separate legal remedies outside of the College, including filing criminal charges with the police, filing a civil legal action and/or filing an administrative complaint (i.e. federal Office for Civil Rights).  There is no time limitation for the submission of a complaint under this Resolution Process alleging a violation of the Sexual Misconduct Policy.  A complaint may be filed at any time.  If the College has jurisdiction over the accused as a current student or employee, then that complaint can be adjudicated through a Resolution Process.

Timing:  Through this Resolution Process, the College strives to provide an adjudication process that is prompt, equitable, fair, thorough, and impartial towards all parties and witnesses involved.  During the academic year, the goal is to complete the Resolution Process within 60 days from the receipt of the complaint, not including any appeals.  Depending on the complexity of the investigation, more or less time may be required to complete the process.  The parties will be kept informed, in writing, regarding the progress of the process, and are welcome to contact the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu) at any time for information regarding the status of the complaint.  It should be noted that, while complaints will be processed to the best of College’s ability during break periods, including the summer and holidays, the availability of witnesses during these times can often require additional time for the completion of the process.

Parties:  Within the Resolution Process, the individual who is bringing the complaint is called the Complainant.  The person against whom the complaint has been brought is called the Respondent.  The complainant and respondent are considered the parties to the complaint.  Under certain circumstances (discussed in more details below), the College may initiate an Administrative Complaint against an individual under the Resolution Process.  In that type of complaint, the College will act as the Complainant.

Support Person/Advisor:  The College recognizes that going through the Resolution Process can be stressful for all involved.  To help support the complainant and respondent through this process, they are allowed to have one support person or advisor of their choice present at every meeting within this resolution process.  Witnesses are not allowed a support person or advisor.  A support person/advisor is someone whom the complainant/respondent trusts to provide advice and support.  A support person/advisor can be any person the complainant/respondent feels comfortable confiding in, and need not be affiliated with the College (e.g. a friend, a family member, a person from a support or advocacy agency, legal counsel, etc.).  Within two business days prior to any meeting, a complainant/respondent must provide the Title IX Coordinator, Sonia Jurado (sjurado@mountida.edu; 617-928-4024), with the identity and contact information (e-mail and telephone) of the support person/advisor who will be accompanying them to that meeting.  The support person/advisor’s role in any meeting is to observe the proceedings and support the complainant/respondent, but not to participate.  A support person/advisor does not join in any of the conversations that are the subject of that meeting, but instead provides support to the complainant/respondent solely through their presence.  A support person/advisor is not allowed to communicate with the complainant/respondent during those meetings.  If at any point a support person/advisor becomes disruptive or is otherwise unable to comport themselves within the parameters of the support person/advisor role, they will be asked to leave the meeting.

A. Informal Resolution Process

A complainant reporting an alleged violation(s) of the Sexual Misconduct Policy has the option to request an Informal Resolution Process, when permissible.  When the incident involves sexual assault or violence, an informal resolution is not appropriate and will not be an available option.  This Informal Resolution Process is available to students, staff, faculty and, in some cases, non-affiliated parties.  If a party wishes to pursue an informal resolution, they would need to speak with the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu) who will review the details of the alleged violations.  If the situation is deemed appropriate for the Informal Resolution Process, the Title IX Coordinator will contact the respondent to discuss whether they would be willing to participate in this process.  Entering into the Informal Resolution Process is voluntary, and both the complainant and respondent must agree to participate.  If the parties agree to the Informal Resolution Process, the Title IX Coordinator (or an assigned designee) will attempt to facilitate a resolution that is agreeable to both the complainant and the respondent.  Informal methods of resolution may include, but are not limited to, interim measures, conflict resolution, mediation, counseling, training and/or educational projects.  Any informal resolution must adequately address the concerns of the complainant and respondent, as well as the overall interest of the College in stopping, remedying, and preventing policy violations.  Either party has the option to discontinue the informal process at any time, and may also request that the Formal Resolution Process be initiated.  The College also has the discretion to terminate the Informal Resolution Process and initiate a formal investigation as deemed necessary.  At the conclusion of the Informal Resolution Process, both the complainant and respondent will receive simultaneous written notice of the final outcome.  A final outcome in the Informal Resolution Process does not preclude a party from later pursuing the Formal Resolution Process.

B. Formal Resolution Process

A complainant reporting an alleged violation(s) of the Sexual Misconduct Policy may have the option to pursue a Formal Resolution Process.  This formal process is initiated through the Office of Equity Compliance.  A complainant wishing to pursue this process would need to speak with the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu) who will review the details of the alleged violations to determine if that behavior falls within the scope of this Policy.  A complaint then may be initiated under the Formal Resolution Process as discussed below.

Employees and Students:  This Formal Resolution Process is the same for students, staff and faculty, except in terms of how responsibility is determined and who assigns sanctions (as discussed below).  Typically, when the respondent is a student, the student procedure will govern, and when the respondent is an employee, the employee procedure will govern.  The Title IX coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu), at their discretion, will decide which procedure will govern.  The complainant and respondent will be notified in the Notice of Complaint regarding which procedure will be used regarding their complaint.

College Need to Proceed/ Campus Safety:  The College affirms the right of a victim/survivor to maintain control of the decision of whether to initiate in any process to address Sexual Misconduct.  When a victim/survivor chooses not to move forward with a disciplinary process and/or requests that their identity not be disclosed to the accused, they should understand that the College, in respecting those wishes, will have a limited ability to meaningfully respond to the incident.  Under limited circumstances, when the conduct at issue poses a threat to campus safety (which includes but is not limited to the involvement of violence, the use of weapons, an ongoing threat, the involvement of a minors or repeat offenders/multiple victims), the College may be compelled to move forward even when a victim/survivor does not wish to be involved.  Under these circumstances, whenever possible, the College will endeavor to inform the victim/survivor of its need to move forward prior to commencing the disciplinary process, in consideration of the need to disclose the identity of the victim/survivor to the accused.  Support resources will always be available to the victim/survivor and a No Contact Order will be put into place at the initiation of the complaint.  Retaliation against anyone involved in any way with a complaint of Sexual Misconduct is prohibited under this Policy.

  1. Initiating a Complaint Under the Formal Resolution Process
    The Formal Resolution Process may be initiated in two ways – through a complainant initiated complaint or through a College initiated administrative complaint.Complainant Initiated Complaint
    In order for an individual complainant to initiate the Formal Resolution Process against a respondent, they would need to speak with the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu).  To initiate this process, the complainant would need to:Provide a statement, either written or oral, to the Title IX Coordinator outlining the details of the incident(s), including the name of the respondent(s), the date and location of the incident(s) and any witnesses who may have information about the incident(s). The complainant should also identify any documents that may be available regarding the incident(s), including emails, text messages, journal entries or other social media posts.Sign a Privacy/Non-Retaliation Acknowledgement, acknowledging that they have been advised about the prohibition against retaliation and that they have been advised about the importance maintaining discretion and privacy regarding the complaint to protect the integrity of the process.College Initiated Administrative Complaint
    The College has the option to independently initiate a disciplinary complaint against a student or employee under the Formal Resolution Process, called an Administrative Complaint.  This type of complaint may be initiated in situations where a victim/survivor(s) is unable or uninterested in initiating the process or when the conduct is discovered by the College (rather than through a report).  An Administrative Complaint may be initiated when the conduct at issue poses a threat to campus safety (which includes but is not limited to the involvement of violence, the use of weapons, an ongoing threat, the involvement of a minors or repeat offenders/multiple victims).  The Title IX Coordinator has the option to initiate an Administrative Complaint when sufficient information is available regarding the incident to provide the respondent with adequate notice of the complaint.  To obtain sufficient information about the incident, the Title IX Coordinator usually will need to obtain an account of the incident from the victim/survivor(s).  In this type complaint, the College will act as the complainant and the complaint will follow the process outlined below.  A victim/survivor(s) will be considered a witness in an Administrative Complaint and will be given the option to be as involved or as uninvolved as they wish.  Despite being designated as a witness in an Administrative Complaint, a victim/survivor(s) will be given the option to review the Investigative Report and will receive final written notification of the outcome of the process (as discussed below).  Due to privacy considerations, reporting parties who are not a victim/survivor will not be given the opportunity to review the report or receive a copy of the final written notification of the outcome, but maybe generally notified of the outcome of the process at the discretion of the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu)
  2. Notice to the Respondent
    After the complaint has been initiated, the Respondent will receive a written Notice of Complaint outlining the allegations raised and providing information about the Formal Resolution Process.  In a complainant initiated process, the complainant will also receive a copy of that notice.  The Respondent will then have the opportunity to meet with the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu) to review the Notice of Complaint and discuss the Formal Resolution Process.  At this point in the process, the respondent has the option to accept responsibility for the conduct outlined in the Notice of Complaint.  If the respondent accepts responsibility, the complaint would be referred to the Vice-President for Student Affairs (or their designee) for students or the Chief Human Resources Officer (or designee) for employees, who would issue the appropriate sanction.  If the respondent choose to accept responsibility, such acceptance cannot be withdrawn.If the respondent does not accept responsibility for the alleged conduct, then they have the option to provide a statement, either written or oral, to the Title IX Coordinator outlining their response to the complaint.  The respondent should also identify any witnesses who may have information about the incident(s) and any documents relevant to the incident(s), including emails, text messages, journal entries or other social media posts.  The Respondent will also be asked to sign a Privacy/Non-Retaliation Acknowledgement, acknowledging that they have been advised about the prohibition against retaliation and that they have been advised about the importance maintaining discretion and privacy regarding the complaint to protect the integrity of the process.  The process will then proceed to Investigation.  If additional policy or code violations are identified during the course of the process, respondent will be notified of those issues in writing through an Amended Notice of Complaint, with a copy to the complainant.If the respondent chooses not meet with the Title IX Coordinator, they should understand that the disciplinary process will still continue to Investigation, which will be started without the benefit of their input.  During the Investigation, the respondent will be given the opportunity to participate in an interview and provide information to the Investigator regarding the allegations of the complaint.  Similarly, if a respondent chooses not to cooperate with the Investigator or participate in the Investigation, the complaint will still be adjudicated without the benefit of input from the respondent.  The Investigator will reach out to the respondent to schedule these meetings.  If the respondent does not respond or attend a meeting with the Investigator within 10 business days after that initial contact, the respondent’s opportunity to participate in the process will close.  The respondent would have waived their right to be heard and to participate in the process by failing to response or attend a meeting with the Investigator.
  3. Investigation
    The Formal Resolution Process does not involve a hearing.  Instead, the Title IX Coordinator, Sonia Jurado (671-928-4024; sjurado@mountida.edu) (or designee), will act as the Investigator in this process, and will be responsible for gathering information regarding to the allegations raised.  The complainant/respondent should inform the Investigator about what information they believe is relevant to the complaint and do their best to preserve any information they may have in their possession.  The complainant/respondent should understand that it is best to provide the Investigator with all of the relevant information as early in the process as possible.  However, the scope of the Investigation is not limited to information provided by the complainant/respondent nor to the allegations in the Notice of Complaint.  In all cases, the Investigator will conduct a prompt, fair, and impartial investigation into the allegations raised, reviewing all information deemed to be relevant by the Investigator.  Investigations will be conducted by investigators who have been specially trained to address issues of Sexual Misconduct, including sexual assault.In order for the Investigation to be conducted in a timely manner, it is important that complainant/respondent and witnesses make themselves reasonably available to the Investigator, including over holidays and breaks.  The complainant/respondent and witnesses should know that they have an obligation to cooperate with College officials, including the Investigator.  The complainant/respondent and witnesses also have the obligation to be truthful with the Investigator, noting that Act of Dishonestly are prohibited in the Student and Faculty/Staff Handbooks.  The refusal to cooperate with the Investigator or providing false information, may result in disciplinary action against the witness.  In cases where a complainant or respondent refuse to cooperate with the Investigator, a finding on the complaint will still be made without the benefit of input from that party.During the course of the investigation, the Investigator may utilize some or all of the following information or procedures, at their discretion, and in whatever order the Investigator deems most appropriate.Documents: The Investigator will review any statements provided by the complainant/respondent.  At the beginning of the Investigation, the complainant/respondent should also identify all documents which they believe may be relevant to the complaint, including both paper and digital items, such as text messages, journal entries, e-mails and other social media communications.  If they are not in possession of those documents, the complainant/respondent should identify who may have those materials.  As determined by the Investigator, any documents or information deemed to be material to the complaint and that will be used in the Investigative Report will be disclosed to both complainant/respondent for comment or rebuttal during the course of the Investigation.Complainant/Respondent Interviews: The Investigator will interview the complainant and respondent separately.  This meeting is an opportunity for the complainant/respondent to discuss their recollection of the event(s) in question, supplement any statements previously submitted, voice any concerns, and to work with the Investigator to determine what additional information may helpful in the Investigation of the allegations.  The Investigator may interview the complainant/respondent more than once, as necessary.  During this interview, the Investigator will inform the complainant/respondent of the evidence gathered in the Investigation to date and will provide them with an opportunity to comment or respond to that information.  If additional policy or code violations have been identified by Investigator during the course of the Investigation, the complainant/respondent will be notified of those issues in writing and will be given an opportunity to respond.  The Investigator will reach out to the complainant/respondent to schedule these meetings.  If the complainant/respondent does not respond or attend a meeting with the Investigator within 10 business days after that initial contact, the complainant/respondent’s opportunity to participate in the process will close.  The complainant/respondent waive their right to be heard and to participate in the process by failing to respond or meet with the Investigator.Witnesses: The Investigator will interview any witnesses identified by the complainant/respondent that the Investigator deems to be relevant, at their discretion, to the resolution of the complaint.  Please note that character witnesses are not considered relevant to this process.  The complainant/respondent can both identify witnesses and can tell a person they have been identified as witnesses and that they may be contacted by the Investigator.  However, the complainant/respondent should refrain from discussing any details of the complaint with witnesses in order to preserve the integrity of the Investigation.  Witnesses should not be intimidated, threatened, or improperly influenced in any way by either the complainant or respondent or through others (e.g. friends, family members, attorneys, etc.).  Any attempt to threaten, intimidate or the otherwise improperly influence the testimony of a witness may result in a separate disciplinary action by the College.  The Investigator may also interview any other persons that they believe may have information relevant to this matter.  The Investigator will employ best efforts to interview relevant witnesses who are no longer on campus or in the Boston area, attempting to contact them by phone or internet (i.e. Skype).  Witnesses will be required to sign a Privacy/Non-Retaliation Acknowledgement, acknowledging that they have been advised about the prohibition against retaliation and that they have been advised about the importance maintaining discretion and privacy regarding the complaint to protect the integrity of the process and the privacy interests of the parties.

    Expert Witnesses: The Investigator reserves the right, at their discretion, to consult with any experts which they deem necessary to the determination of the facts of this case.  An expert witness could be consulted to review or provide a professional opinion regarding evidence discovered in the Investigation including, but not limited to, rape kits and toxicology reports.

  4. Investigative Report and Review
    Once the Investigation has been completed, the Investigator will prepare a report summarizing and analyzing the relevant facts obtained through the Investigation, noting any supporting documentation or statements.  The Investigator may draw conclusions regarding the credibility of statements by the complainant, respondent, witnesses and the reliability of documentation.  Once the report is complete, the Investigator will schedule separate times for the complainant and respondent to each review the investigative report and any referenced supporting documentation.  That report review will take place in the presence of the Investigator (or their designee).  If the complainant or respondent are not responsive to the Investigator’s attempt to schedule a report review for a period of more than seven (7) days, the Investigator can assume the complainant/respondent do not wish to review the report and the investigation will be closed.If the complainant/respondent chose to review the Investigative Report, the Investigator will be available to provide a verbal summary of the report and answer questions.  The complainant/respondent then have the option to provide written comments regarding the investigative report within five (5) business days of their review of that report.  Only comments to the report that are submitted in writing will be considered in the process.Investigator has the discretion to engage in further investigation regarding that information.  The parties should note that new information raised during the report review may prolong the conclusion of the Resolution Process.  Based on the result of any additional investigation, the Investigator will have the option to prepare a written addendum to the report outlining those results and referencing any information from the original Investigation that may be relevant.  If an addendum to the report is created, the complainant/respondent will be provided with separate times to each review it, but there will be no additional opportunity to provide comments.  If the complainant/respondent are not responsive to the Investigator’s attempt to schedule a review of the addendum for a period of more than ten (10) business days, the Investigator will assume the complainant/respondent do not wish to review that document.  Once the addendum has been completed and the complainant/respondent have been notified of the opportunity to review it, the Investigation will be closed regardless of whether the complainant/respondent choose to review the addendum.
  5. Determination of Responsibility and Assignment of Sanctions
    As noted earlier, the procedures for determining responsibility and for assigning sanctions varies in complaints involving students versus complaints involving employees.  Typically, when the respondent is a student, the student procedure will govern, and when the respondent is an employee, the employee procedure will govern.  The Title IX coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu), at their discretion, will decide which procedure will govern.  The complainant and respondent will be notified in the Notice of Complaint regarding which procedure will be used regarding their complaint.a. Respondent is a Student
    Once the Investigation has closed, the Investigator will submit the Investigative Report, supporting documentation referenced in the report and the addendum, if any, to a panel of two people.  This panel will consist of two College administrators from the group of Compliance Officers, all of whom have been specially trained in the adjudication of Sexual Misconduct matters.  The two panel members will be chosen at the sole discretion of the Title IX Coordinator, and their names will be communicated to the complainant and respondent during their review of the Investigative Report.  If either the complainant or respondent believes there is a possible conflict of interest with any of the panel members, it should be communicated to the Title IX Coordinator immediately.  The Title IX Coordinator then has the discretion to assign a different Compliance Officer to that panel.  Once the Investigative Report has been submitted to the panel for consideration, there will be no further opportunity to raise potential conflicts of interest.The panel will review the Investigative Report and determine whether they believe the respondent is responsible for violating policy.  The decision of the panel will be made on the preponderance of the evidence standard — that is whether the facts presented in the investigative report support a finding that it is more likely than not that College policy was violated.  The panel will base its finding solely on the information presented in the Investigative Report, supporting documentation referenced in the report and the addendum, if any.  The finding of the panel will be unanimous.  If the panel is unable to reach a unanimous finding, the respondent will be found Not Responsible for violating policy.If the respondent is found Not Responsible for violating College policy, the complainant and respondent will both be notified by the Assistant Vice-President for Student Affairs (or designee) simultaneously in writing of the final outcome, the option to appeal and an explanation of when that outcome becomes final.If the respondent is a student and is found Responsible for a violation of College policy, the matter will be referred to the Assistant Vice President for Student Affairs (or designee) who will assign the appropriate sanctions or remedies consist with the sanctions assigned in other student conduct matters.  Sanctions for a responsible finding may include denial of privileges, disciplinary probation, suspension and dismissal.  Both the complainant and respondent will be simultaneously notified in writing of the final outcome, the option to appeal and an explanation of when that outcome becomes final.b. Respondent is an Employee
    In situations where the respondent is an employee, the Investigative Report will also include a finding by the Investigator regarding whether the respondent is Responsible or Not Responsible for violating policy.  The finding by the Investigator will be made on the preponderance of the evidence standard — that is whether the facts presented in the Investigative Report support a finding that it is more likely than not that College policy was violated.  That finding will be available to the complainant and respondent if they choose to review the Investigative Report.  Once the Investigation has closed, the Investigator will submit the Investigative Report, supporting documentation referenced in the report and the addendum, if any, to the Chief Human Resources Officer.If the respondent is found Not Responsible for violating policy, the complainant and respondent will both be notified simultaneously by the Chief Human Resources Officer (or designee) in writing of the final outcome, the option to appeal and an explanation of when that outcome becomes final.If respondent is found Responsible for violating policy, the Chief Human Resources Officer (or designee) in consultation with the respondent’s supervisor, will assign the appropriate sanction or remedies.  Sanctions for a responsible finding may include warnings (verbal or written), demotions, suspensions, and termination.  Both the complainant and respondent will then be simultaneously notified in writing of the final outcome, the option to appeal and an explanation of when that outcome becomes final.
  6. Appeals
    Both the complainant and respondent are entitled to one appeal of the final outcome to the complaint.  An appeal must be submitted in writing to the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu) within five (5) business days of the receipt of the written final outcome.  The individual who files an appeal is known as the appellant.  The appellant must also complete an Appeal Form to be submitted with their appeal.  That form can be obtained from the Title IX Coordinator and must be submitted within two (2) days of receipt.  If an appeal is not received within five (5) business days, the outcome will be considered final and the Formal Resolution Process will be permanently closed.An appeal can only be submitted by the complainant or respondent.  Appeals submitted by third parties (e.g. friends, family, attorneys) may not be considered.There are only two grounds on which an appeal can be filed – procedural error and new information.  The written appeal must specifically state under which of these two grounds the appeal is being filed.  The appeal is not a new fact-finding process.  Although a complainant/respondent may disagree with the finding, that alone is not a basis for appeal.  Instead the appeal must set forth under which of the two grounds the appeal is filed and provide information to support one of the two basis.  Appeals which do not comply with these requirements may not be considered, as decided by the Title IX Coordinator (or designee).  The non-appealing party will be given a copy of the appeal and will have an opportunity to respond to the assertions made by the appellant, in writing, within five (5) business days after receipt.The two grounds for appeal are:Procedural Error: The appellant alleges that (i) the procedural requirements of the Formal Resolution Process were not followed and (ii) that deviation from the process had an adverse impact on the outcome of the complaint against the appellant.New Information: The appellant alleges that, subsequent to the issuing of the final outcome, new information became available which could have impacted the outcome of the disciplinary complaint.  The appellant must: (i) present the new information; (ii) show why it was unavailable prior to the final outcome; and (iii) show that the new information could have altered the outcome of the complaint.  If new information is presented, the appeal panel has the option to ask the Investigator to reopen the Investigation regarding that information.The appeal will be decided by a panel of two people.  This panel will consist of two College administrators (different from those who made the original finding) who come from the group of Compliance Officers, all of whom have been specially trained in the adjudication of Sexual Misconduct matters.  The two appeal panel members will be chosen at the sole discretion of the Title IX Coordinator, Sonia Jurado (617-928-4024), and their names will be communicated to the complainant and respondent.  If either the complainant or respondent believes there is a possible conflict of interest with any of the panel members, it should be communicated to the Title IX Coordinator immediately.  The Title IX Coordinator then has the discretion to assign a different Compliance Officer to that panel.  Once the appeal has been submitted to the panel for consideration, there will be no further opportunity to raise potential conflicts of interest.In reviewing an appeal, the panel will be given the Notice of Complaint, the Investigative Report and any supporting documentation, the final outcome, the appeal submission and any response, and the results of any additional investigation.  The panel has the option to Dismiss the appeal as untimely, failing to state a proper ground for appeal, or by finding that the requirements for the appeal grounds chosen have not been met.  The panel also has the option to Grant the appeal.  If the panel grants the appeal, in student cases the matter will be referred to the Vice-President for Student Affairs (or designee) who will decide whether to uphold or modify the final outcome on the complaint.  In employee cases the matter will be referred to the Chief Human Resources Officer (or designee) who will decide whether to uphold or modify the final outcome on the complaint.  The complainant/respondent would have been notified earlier in the Notice of Complaint regarding whether the employee or student processes were being used.  Both parties will receive simultaneous written notice of the outcome of the appeal.  During the academic year, the College strives to complete the appeal process within 15 business days from the receipt of appeals.  If additional investigation is required regarding new information, more time may be needed to complete the appeal.

C. Other Considerations

  1. Leniency Regarding Other Offenses
    The College recognizes that individuals may be concerned about reporting Sexual Misconduct believing that other behavior they were engaged in might subject them to disciplinary action (e.g., a victim/survivor or witness is underage and was using alcohol or drugs at the time of the incident).  While the College does not condone any type of policy violation, when incidents of Sexual Misconduct are reported, witnesses, complainants and respondents should be assured that the focus is always on the reported behavior, not on whether someone was, for example, using alcohol or drugs at the time.  In situations involving allegations of Sexual Misconduct, the College will, to the extent allowed by applicable laws and College policy, seek to make the Sexual Misconduct allegations the focus of any investigation or disciplinary action.  In such circumstances, the College may exercise leniency regarding other minor conduct violations (e.g., underage drinking, individual drug use).  The decision regarding whether to exercise leniency will be made by the Title IX Coordinator, Sonia Jurado (617-928-4024; sjurado@mountida.edu), in consultation with the Vice-President for Student Affairs (or designee) and/or the Chief Human Resources Officer (or designee).It is important to remember that, under the Sexual Misconduct Policy, a person’s use of alcohol or drugs does not excuse Sexual Misconduct.  Also, a person who has been incapacitated through the use of alcohol and drugs (or by any other means) cannot give effective consent to sexual activity.  More information about alcohol, drug use, incapacity and Sexual Misconduct can be found earlier in this Policy.
  2. Right to Investigate and Decide Other Conduct Violations
    The Investigator has the discretion to pursue information regarding any other serious alleged violations of College Policy (e.g. drug dealing, other incidents of sexual misconduct, use of weapons, other violent behavior or safety concerns) that may be identified through the Resolution Process.  The Investigator will not be restricted to only investigating the violations alleged in the complaint, if other serious conduct violations are discovered in the course of the Investigation.  When additional conduct concerns have been identified, the Title IX Coordinator will consult with the Director of Community Standards for students or the Chief Human Resources Officers for employees, to decide if and how such allegations will be addressed.  If this conduct will be addressed through the Resolution Process, the complainant and respondent will be notified through an Amended Notice of Complaint.

    1. Criminal Conduct
      Some of the behaviors addressed by this Policy may also constitute violations of criminal law.  The College will conduct its own investigation and adjudication of a complaint under this Policy, regardless of whether the alleged Sexual Misconduct is also being pursued through the civil or criminal justice system.  The College will comply with any law enforcement requests for cooperation.  At times, that cooperation may require the College to temporarily suspend its Investigation while law enforcement gathers information.  The College will promptly resume its Investigation as soon as it is notified that doing so would not impede any law enforcement activities.
    2. Family Notification
      The College views employees and students of legal age as adults.  As such, parent(s), guardian(s) and/or spouse(s) will not be notified when a disciplinary complaint is filed by or against a student or employee under the Resolution Process.  Students and employees are encouraged to inform their family if they are involved in a disciplinary complaint.  Parent(s), guardian(s) and/or spouse(s) with questions about a pending Sexual Misconduct complaint should understand that information may only be shared consistent with the Family Educational Rights and Privacy Act (FERPA).  All communication regarding the Resolution Process will only be directed to the student or employee involved.

D. Rights
Individuals involved in the resolution process or who report incidents of Sexual Misconduct have certain rights under this Policy and applicable laws.  All individuals have the right to:

  1. Have disclosures of Sexual Misconduct, including sexual assault, discrimination, harassment relationship violence and stalking treated seriously by the College.
  2. Seek support services such as housing changes, academic support, or counseling services, as applicable.
  3. Notify law enforcement of the incident and seek their involvement. They also have the option to decline to involve law enforcement.
  4. Participate in a Resolution Process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
  5. Have one support person or advisor of their choice present at all meetings with administrators in the Resolution Process.
  6. Receive notification in writing of the outcome of any Resolution Process.

VI. Other Information

A. External Reporting Options/ Administrative Agencies

Newton Police
http://www.newtonpolice.com/
1321 Washington Street
Newton, MA 02465
617-796-2100

Investigates criminal reports of Newton-based crimes and has concurrent jurisdiction with Campus Police for crimes that happened at Mount Ida College.

Massachusetts State Police
http://www.mass.gov/eopss/agencies/msp/
General Headquarters
470 Worcester Road
Framingham, MA 01702
508-820-2300

Investigates criminal reports against campus and municipal police officers.

U.S.Department of Education, Office for Civil Rights (OCR)
http://www2.ed.gov/about/offices/list/ocr/index.html
5 Post Office Square, 8th Floor
Boston, MA 02109
617-289-0111

Works to end gender-based discrimination in schools and investigates grievances.

Massachusetts Commission Against Discrimination (MCAD)
http://www.mass.gov/mcad/
John McCormack Building
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
617-994-6000

Works to end discrimination in Massachusetts and investigates grievances.

Equal Employment Opportunity Commission (EEOC)
www.eeoc.gov
JFK Federal Building
475 Government Center
Boston, MA 02203
800-669-4000

Works to end discrimination federally and investigates grievances.

B. Selected Massachusetts State Definitions [3]

Rape:
Under Chapter 265, Section 22, of the Massachusetts General Laws, Rape is defined as: having sexual intercourse or unnatural sexual intercourse with a person and compelling such person to submit by force and against his or her will, or compelling such person to submit by threat of bodily injury.  See Massachusetts General Laws Section 265 Chapter 22.

Domestic abuse:
Abuse from an adult or minor family or household member.

  • Abuse is the occurrence of one or more of the following acts between family or household members:
  • Attempting to cause or causing physical harm;
  • Placing another in fear of imminent serious physical harm;
  • Causing another to engage involuntarily in sexual relations by force, threat or duress.
  • Family or household members are persons who:
    • are or were married to one another;
    • are or were residing together in the same household;
    • are or were related by blood or marriage;
    • have a child in common regardless of whether they have ever married or lived together; or
    • are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.See Massachusetts General Laws Chapter 209A

Stalking:
Under Massachusetts law, Massachusetts General Law Chapter 265 Section 43, an individual engages in stalking if they:

  1. willfully and maliciously engages in a knowing  pattern  of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress; and
  2. makes a threat with the intent to place the person in imminent fear of death or bodily injury
  3. See Massachusetts General Laws Chapter 265 Section 43

Consent:
There is currently no state statutory definition of consent.

[3] These are Massachusetts’ definitions for criminal conduct which may differ from the definitions in this Policy.  Definitions are current as of July 2017.  For the most up-to-date information, visit the hyperlinked sources. These definitions are provided to convey general information and do not constitute legal advice.