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Statement, Purpose, Notice of Nondiscrimination, and Scope

A. Statement

�鶹��ý���� is committed to providing a workplace and educational environment — as well as a range of benefits, programs and activities — that are free from discrimination, harassment and retaliation. To ensure compliance with federal and state laws and regulations, and to affirm our commitment to promoting the goals of fairness and equity in all educational programs and activities, the College has developed internal policies and procedures that provide a prompt, fair and impartial process for those involved in an allegation of sex discrimination or sex-based harassment and for allegations of retaliation.

B. Purpose

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Under Title IX, discrimination on the basis of sex can include sex-based harassment, gender-based harassment, sex or gender-based discrimination, sexual assault, and other forms of sexual misconduct, including stalking and domestic and dating violence. On the basis of sex includes sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

The College must define and respond to sex discrimination as required by regulations issued by the U.S. Department of Education to implement Title IX of the Education Amendments of 1972, codified at 34 C.F.R. Part 106 (the “Title IX Regulations”). The Title IX Regulations allow the College to define and regulate conduct that falls outside the definitions provided within Title IX, thus this Policy encompasses addressing additional definitions as a matter of College policy and/or as required by other applicable law.

Accordingly, the Policy on Sex Discrimination and Sex-Based Harassment (“Policy”) is consistent with the Title IX Regulations, as well as our mission and commitment to ensuring a safe and non-discriminatory campus community. This Policy sets forth how the College will proceed once it has notice of possible Prohibited Conduct.

The Policy is in keeping with our institutional values and is intended to meet our obligations under Title VII of the Civil Rights Act of 1964 (“Title VII”); Title IX of the Education Amendments of 1972 (“Title IX”) and Title IX Regulations promulgated thereunder in 2024; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), as amended by the subsequent Violence Against Women Reauthorization Act(s) (“VAWA”), with respect to its application to Prohibited Conduct; and other applicable laws and regulations including the Massachusetts Campus Sexual Assault Law.

C. �鶹��ý���� Notice of Nondiscrimination

�鶹��ý���� seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting discrimination in private postsecondary education institutions. The College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived: age; citizenship status; color; creed; disability; domestic violence victim status; ethnicity; familial responsibilities; gender expression or identity; genetic information; marital status; national origin/ancestry; personal appearance; political belief or affiliation; pregnancy or related condition; race; religion; residence; sex; sexual orientation; source of income; veteran or military status; weight; or any other protected characteristic under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance process within the institution, with the Equal Employment Opportunity Commission, U.S. Department of Education’s Office for Civil Rights, and/or other human/civil rights agency.

This Policy covers sex discrimination and sex-based harassment in both employment and access to educational opportunities. Therefore, any member of the College community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of the College community, guest, or visitor on the basis of that person’s actual or perceived sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, an/or gender identity, is in violation of this Policy. The College will respond to reports of sex discrimination which it has knowledge/notice of and will take prompt action to eliminate such conduct, prevent its recurrence, and remedy any adverse effects in the College’s education programs and activities, including, as appropriate, by way of the Grievance Procedures outlined below.

Violations of this Policy may be subject to disciplinary sanctions, up to and including termination of any relationship with the College, withdrawal of any privilege to enter upon College property, and/or limitation of any participation in College-sanctioned or supported activities and events.

D. External Contact Information

To report information about conduct that may constitute sex discrimination or to make a complaint of sex discrimination, please refer to the information provided here, as well as on the �鶹��ý���� Title IX webpage. Inquiries about this Policy and Grievance Procedures or Title IX may be referred to the College’s Title IX Coordinator at: 1 Skinner Hall, titleixcoordinator@mthoyloke.edu, and 413-538-2273.

In addition, inquiries about Title IX and other applicable federal and state laws and regulations prohibiting sex discrimination may be made to:

• Student Inquiries:
  The United States Department of Education Office for Civil Rights (OCR)
  5 Post Office Square, 8^th Floor, Boston
  OCR.Boston@ed.gov
  (617) 289-0111
• Employee Inquiries:
  The United States Equal Employment Opportunity Commission (EEOC)
  John F. Kennedy Federal Building, 15 New Sudbury Street, Room 475, Boston
  (800) 669-4000
• General Inquiries:
  • The Massachusetts Commission Against Discrimination (MCAD)
    Springfield Office, 436 Dwight Street, Springfield, MA 01103 (413) 739-2145
    Boston Office, One Ashburton Place, Room 601, Boston, MA 02108
    (617) 994-6000
  • Hampshire County District Attorney’s Office
    One Gleason Place, Northampton, MA 01060 (413) 586-9225

E. Scope

This Policy applies to any member(s) of the College community—students, faculty, and staff—and includes alums and third parties who are participating in or attempting to participate in the College’s education programs or activities.

Prohibited Conduct, as defined below, may violate this Policy when it occurs:

• On campus;
• On other property owned or controlled by �鶹��ý����;
• In the context of �鶹��ý����’s education programs or activities, including but not limited to employment, classes, �鶹��ý����-sponsored study abroad programs, research, and online; or
• Outside these contexts, if the conduct allegedly creates a hostile environment pursuant to this Policy on campus or on other property owned or controlled by �鶹��ý����.
• The College retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any prohibited conduct that occurred prior to the leave, withdrawal or graduation, and may initiate and/or resolve any pending matters under this Policy at any time. When a student is subject to sanctions for a violation of this Policy, a hold may be placed on the student’s ability to re-enroll (and/or obtain official transcripts and/or graduate), and all sanctions must be satisfied prior to re-enrollment eligibility. In the event of alleged prohibited conduct committed while still enrolled, but reported after a student has graduated, the College reserves the right to initiate a response pursuant to this Policy. If the former student is found responsible, the College may trespass the individual from campus, revoke the student’s degree and/or impose other outcomes.

The Grievance Procedures, as detailed on page 32 of this document, provide for the prompt and equitable resolution of Complaints of Prohibited Conduct as defined by this Policy.

¹ �鶹��ý���� is a nondenominational, residential, research liberal arts gender-diverse women’s college and welcomes applications from female, transgender and non-binary students.

Title IX Coordinator and Conflict of Interest

The �鶹��ý���� Title IX Coordinator coordinates the College’s compliance with Title IX and this Policy. The Title IX Coordinator can be contacted as follows:

Title IX Coordinator
Shannon Lynch, Assistant Vice President for Compliance
1 Skinner Hall
Titleixcoordinator@mtholyoke.edu
413-538-2273

Because the Title IX Coordinator may designate any qualified person to assume or assist in performing the Title IX Coordinator’s duties under the Policy, where this Policy identifies a specific role of the Title IX Coordinator, such provision should be read with the understanding that the role may be performed by any of the Title IX Coordinator’s designees.

The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this Policy and the applicable procedures.

Application and Coordination of Policies

A. Effective Date

This Policy is effective August 1, 2024.

This Policy succeeds previous policies addressing sex discrimination, sex-based harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for incidents occurring before August 1, 2024. The Title IX Coordinator reviews and updates these policies and procedures regularly. The College reserves the right to make changes to this Policy and procedures as necessary, and once those changes are posted online, they are in effect.

For any incidents preceding August 1, 2024, please see the College’s Gender-Based and Sexual Misconduct Policy.

If government laws or regulations change or court decisions alter the College’s legal requirements in a way that impacts this document, this Policy and its procedure will be construed to comply with the most recent government laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame this Policy, generally.

B. Coordination with Other College Policies

The College recognizes that allegations under this Policy may include multiple forms of discrimination and harassment as well as violations of other College policies; may involve various combinations of students, employees, and other members of the College community; and may require the simultaneous attention of multiple College departments. Accordingly, all College departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable College policies, to provide uniform, consistent, efficient, and effective responses to alleged discrimination, harassment, or retaliation.

By reference, this Policy incorporates the following College policies:

• Code of Ethical Conduct
• Faculty Legislation
• Policy on Nondiscrimination
• Pronoun Policy
• Chosen Name Policy
• Student Handbook

IV. Confidentiality, Privacy, and Amnesty

A. Confidentiality

Confidentiality exists in the context of laws or professional ethics (including Title IX) that protect certain relationships, including clinical care, mental health providers, and counselors. Confidentiality also applies to those designated by the College as Confidential Employees for purposes of reports under this Policy, regardless of legal or ethical protections.

B. Privacy

The College is committed to protecting the privacy of all involved in responding to a report of Prohibited Conduct pursuant to this Policy and applicable law and will take steps to limit the disclosure of information to only those individuals who have a need to know in order to implement this Policy and the Grievance Procedures. Additional information with respect to privacy expectations during the Grievance Procedures may be found at Section IX and XII of the procedures.

The College will not disclose personally identifiable information obtained in the course of coordinating actions under this Policy, applying the Grievance Procedures, or otherwise complying with Title IX, except in the following circumstances:

• When the College has obtained prior written consent from a person with the legal right to consent to the disclosure;
• When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
• To carry out the roles and responsibilities set forth by this Policy, including actions taken to address conduct that reasonably may constitute sex discrimination under Title IX in the College’s education program or activity;
• As required by federal law, federal regulations, or the terms and conditions of a federal award, including a grant award or other funding agreement; and/or
• To the extent such disclosures are not otherwise in conflict with Title IX, when required by state or local law, or when permitted under the Family Educational Rights & Privacy Act (FERPA).

C. Amnesty

The College community encourages the reporting by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give the College knowledge of prohibited conduct or participate in the processes under this Policy and procedures because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the College community that Complainants provide knowledge of prohibited conduct to College officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process under this Policy and its procedures.

To encourage reporting and participation in the process, the College maintains a policy of offering Parties and witnesses amnesty from minor violations of applicable College policies, such as underage alcohol consumption or the use of illicit drugs, related to the incident of prohibited conduct. Granting amnesty is a discretionary decision made by the College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

• Students: The College maintains an amnesty policy for students who offer help to others in need.
• Employees: Sometimes, employees are hesitant to report discrimination, harassment, or retaliation they have experienced for fear of getting in trouble themselves. The College may, at its discretion, offer employee Complainants amnesty from such violations of certain College Policies related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.

² This is not an exhaustive list. The College retains the right to incorporate any and all active College policies.

Jurisdiction

This Policy applies to any member(s) of the College community—students, faculty, and staff—and includes alums and third parties who are participating in or attempting to participate in the College’s education programs or activities. A Complainant does not have to be a member of the College community to file a Complaint.This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to the College’s education program or activities. The Recipient may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial College interest.

A substantial College interest includes:

• Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
• Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
• Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
• Any situation that substantially interferes with the College’s educational interests or mission.

For disciplinary action to be issued under this Policy, the Respondent must be a College student, or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options, and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The College can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers and/or to these Policies and procedures if their employer has agreed to be bound by their contracts.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to the College where sex discrimination or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

Supportive Measures and Resources

A. Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged prohibited conduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all Parties and/or the College’s educational environment and/or to deter discrimination, harassment, and/or retaliation.

Supportive Measures may be provided even when no Complaint has been filed. Supportive Measures may vary depending on what resources are reasonably available. Supportive Measures must not unreasonably burden any party, and the Supportive Measures may conclude or continue after conclusion of the Grievance Procedures or informal resolution, as appropriate.

Examples of possible Supportive Measures include:

• Counseling
• Extensions of deadlines and other course-related adjustments without creating a fundamental alteration
• Campus escort services
• Increased security and monitoring of certain areas of campus
• Mutual restrictions on contact applied parties (no-contact orders)
• Leaves of absence
• Changes in class, work, housing, extracurricular, or any other activity, regardless of whether there is a comparable alternative
• Training and education programs related to sex-based harassment
• Altering work arrangements for employees or student-employees
• Safety planning
• Student financial aid counseling
• Visa and immigration assistance
• Any other actions deemed appropriate by the Title IX Coordinator.

Violations of mutual no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

The Title IX Coordinator will work with the individual in arranging for Supportive Measures, as appropriate. The College will not disclose information about any Supportive Measure(s) to persons other than the individual(s) to whom they apply, unless necessary to provide the Supportive Measure(s) or restore or preserve access to the College’s education program or activity or if any exception described within this Policy applies.

B. Resources

On-Campus: Confidential Resources

�鶹��ý���� Counseling Services
Pattie J. Groves Health Center
Main Number:(413) 538-2037
Office Hours: 8:30 am-4:30 pm (Hours may vary during the summer months)

�鶹��ý���� Health Services
Pattie J. Groves Health Center
Main Number: (413) 538-2121
health-admin@mtholyoke.edu
Office Hours: 9 am-5 pm (Hours may vary during the summer months)

�鶹��ý���� Ombudsperson(s)
Vivian Hsu
5 Stafford Hall
(413) 538-2413
vhsu@mtholyoke.edu

Employee Assistance Program
The Employee Assistance Program (EAP) offers 24-hour free support services for all employees. To access this service visit . To create an account use code “mhc”.

On Campus: Non-Confidential Resources

These employees are required to provide all information about conduct that reasonably may constitute prohibited conduct under this Policy to the Title IX Coordinator.

�鶹��ý���� Public Safety and Service
1 Everett Road, South Hadley, MA 01075
Main Number: (413) 538-2304
Speech-to-Speech (STS) 1-866-645-9870
TTY and ASCII 1-800-439-2370
Voice-Carry-Over (VCO) 1-866-887-6619
*Can Assist in obtaining a SANE

Public Safety and Service Officers are available 24 hours a day, seven days a week.

�鶹��ý���� Division of Student Life & Dean of Students
205 Blanchard Hall
413-538-2550
dean-students@mtholyoke.edu
Office Hours: 9 am-5 pm (Hours may vary during the summer months)

�鶹��ý���� Human Resources
1 Skinner Hall
(413) 538-2503
human-resources@mtholyoke.edu
Office Hours: 8:30 am-4:30 pm (Hours may vary during the summer months)

Professional Staff are on-call 24/7 at the College and can be reached by contacting Public Safety & Service at (413) 538-2304, and asking dispatch to be connected with the Professional Staff on Call (PSOC). The PSOC will then either meet or call the requesting individual back.

Off-Campus Resources

The following represent some of the resources and services available to �鶹��ý���� students, faculty, and staff.

Local Medical Facilities:

Holyoke Medical Center
575 Beech Street, Holyoke, MA 01040
(413) 534-2500

Cooley Dickinson Hospital
30 Locust Street, Northampton, MA 01060
(413) 582-2000
*SANE Available

Baystate Medical Center
759 Chestnut Street, Springfield, MA 01107
(413) 794-0000
*SANE Available

Mercy Medical Center
271 Carew Street, Springfield, MA 01102
(413) 748-0000
*SANE Available

Local and State Law Enforcement Agencies:

Massachusetts State Police
470 Worcester Road, Framingham, MA 01702
Main Number: (508) 820-2300
Emergency Number: 911

MA State Police Local Barracks
State Police Northampton
555 North King Street, Northampton, MA 01060
(413) 584-3000

MHC Public Safety and Service
1 Everett Road, South Hadley, MA 01075
Main Number: (413) 538-2304
Speech-to-Speech (STS) 1-866-645-9870
TTY and ASCII 1-800-439-2370
Voice-Carry-Over (VCO) 1-866-887-6619
*Can Assist in obtaining a SANE

South Hadley Police Department
41 Bridge Street, South Hadley, MA 01075
Main Number: (413) 538-5050
Anonymous Tips: (413) 538-8231, ext. 3
Emergency Number: 911

Sexual Assault/Rape Crisis Centers/Domestic Violence Programs & Hotlines:

Center for Women and Community*
University of Massachusetts Amherst
Infirmary Way, Amherst MA 01003
Main Number: (413) 545-0800
Toll Free: (888) 337-0800
TTY: (413) 577-0940 or Mass Relay: 711

Safe Passage*
43 Center Street, Suite 304, 180
Northampton, MA 01060
Main Number: (413) 586-1125
Hotline: (413) 586-5066
TTY/TTD: (888) 345-5282
info@safepass.org

SAFEPLAN
Womanshelter/Companeras, Inc.
PO Box 1099
Holyoke, MA 01040
(413) 538-9717

YWCA of Western Mass., Inc.
One Clough Street, Springfield, MA 01108
Main Number: (413) 732-3121
Hotline: (800) 796-8711
TTY: (413) 733-7100

Local District Attorney’s Office:

Hampshire County District Attorney’s Office
One Gleason Place, Northampton, MA 01060
(413) 586-9225

³ These departments and individuals also serve as the Confidential Resource Providers at the College under Mass. Gen. Laws. ch. 6, § 168E.

⁴ Organizations with * have active Memorandums of Understanding with the College.

Inclusion Related to Gender Identity/Expression⁵

The College strives to ensure that all individuals are safe, included, and respected in their working and learning environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, two-spirit, and gender non conforming students and employees.

Discrimination and harassment on the basis of gender identity or expression are not tolerated by the College. If a member of the College community believes they have been subjected to discrimination under this Policy, they should follow the appropriate reporting process described herein.

In upholding the principles of equity and inclusion, the College supports the full integration and healthy development of those who are transgender, transitioning, nonbinary, or gender-diverse, and seeks to eliminate any stigma related to gender identity and expression.

The College is committed to fostering a climate where all identities are valued, contributing to a more vibrant and diverse community. The purpose of this Policy is to have the College administratively address issues that some students and employees, including those identifying as intersex, transgender, agender, nonbinary, and gender non conforming, may confront as they navigate systems originally designed around the assumption that gender is binary. As our society’s understanding of gender evolves, so do the College’s processes and policies.

Concepts like misgendering and deadnaming may not be familiar to all but understanding them is essential to the College’s goal of being as welcoming and inclusive a community as possible.

Misgendering or mispronouncing is the intentional or unintentional use of pronouns or identifiers that are different from those used by an individual. Unintentional misgendering is usually resolved with a simple apology if someone clarifies their pronouns for you. Intentional misgendering is inconsistent with the type of community we hold ourselves out to be and may constitute a Policy violation if the effect is greater than de minimis harm. We each have a right to determine our own gender identity and expression, but we don’t get to choose or negate someone else’s.

Deadnaming, along with misgendering, can be very traumatic to a person who is transgender, transitioning, nonbinary, or gender-diverse. Deadnaming means using someone’s birth-assigned (cisgender) name, rather than the name they have chosen.

To a person who is transgender, transitioning, nonbinary, or gender non conforming, their gender assignment at birth may be something that is in their past -- dead, buried, and behind them. To then revive their deadname could trigger issues, traumas, and experiences of the past that the individual has moved past, or is moving past, and can interfere with their health and well-being. Self-determination is critical for trans and gender non conforming individuals.

Again, unintentional deadnaming can be addressed by a simple apology and an effort to use the person’s chosen name. Intentional deadnaming could be a form of bullying, outing, or otherwise harassing an individual, and thus should be avoided.

This Policy should be interpreted consistent with the goals of maximizing the inclusion of intersex, transgender, transitioning, agender, nonbinary, and gender-diverse students and employees, including:

• Maintaining the privacy of all individuals consistent with law
• Ensuring all students have equal access to educational programming, activities, and facilities, including restrooms and locker rooms
• Ensuring all employees have equal access to employment opportunities and work, service, or health-related facilities
• Providing professional development for employees and education for students on topics related to gender inclusion
• Encouraging all students and employees to respect the pronoun usage and identities of all members of the College community

The College uses a number of interventions to address concerns that are raised related to gender-based harassment or discrimination, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. When conflicts arise between the right of members of the community to be free from gender-identity discrimination and those exercising their right to religious freedom, the College will try to balance rights and interests to find mutually agreeable outcomes or compromises. When that is not possible, the College will offer remedial solutions or enforce its Policies while also respecting the rights of all members of its community.

Please review the �鶹��ý���� Pronoun Sharing and Disclosure Policy and the Chosen Name Policy for more information about pronoun and chosen name usage.

⁵ There may be particular circumstances where the College has to collect legal sex from individuals for reporting purposes or to be in compliance with other federal or state laws. Those circumstances are exempt from this policy and its accompanying grievance procedures.

⁶ De minimis harm is defined as something that is very trifling or of little importance.

Definitions of Prohibited Conduct

Students, staff, and faculty are entitled to an employment and educational environment that is free of discrimination, harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

The sections below describe the specific forms of prohibited discrimination, harassment, and retaliation that are also prohibited under this Policy. When speech or conduct is protected by academic freedom, it will not be considered a violation of this Policy, though supportive measures will be offered to those impacted.

All definitions of prohibited conduct below encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.

Violation of any other College policies may constitute discrimination or harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.

A. Sex Discrimination:

Conduct that excludes a person from participation in, denies them the benefits of, or otherwise subjects them to adverse treatment under the College’s education program or activity on the basis of their sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

B. Sex-Based Harassment:

A form of sex discrimination that means sexual harassment and other harassment based on sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity that encompasses the following categories of conduct, defined as follows:

1. Quid Pro Quo Harassment: An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
2. Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
   1. The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;
   2. The type, frequency, and duration of the conduct;
   3. The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
   4. The location of the conduct and the context in which the conduct occurred; and
   5. Other sex-based harassment in the College’s education program or activity.
3. Sexual Assault: Any sexual act directed against another person without the consent of the victim, including instances when the victim is incapable of giving consent; also unlawful sexual intercourse. Sexual Assault encompasses the following offenses:
   1. Rape: the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
   2. Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or their temporary or permanent mental or physical incapacity.
   3. Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or their temporary or permanent mental or physical incapacity.
   4. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
   5. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   6. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.
4. Dating Violence: Violence committed by a person:
   1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
   2. Where the existence of such a relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship, (2) the type of relationship, and (3) the frequency of interaction between the persons involved in the relationship.
5. Domestic Violence: Felony or misdemeanor crimes committed by a person who:
   1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Massachusetts or a person similarly situated to a spouse of the victim;
   2. Is cohabitating or has cohabitated with the victim as a spouse or intimate partner;
   3. Shares a child in common with the victim; or
   4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Massachusetts.
6. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   1. Fear for the person’s safety or the safety of others; or
   2. Suffer substantial emotional distress.
7. Retaliation: Intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in any proceeding subject to this Policy and Grievance Procedures.
8. Peer Retaliation: Retaliation by a student against another student.

C. Other Prohibited Conduct

1. Sexual Misconduct: not included under Title IX
   1. Sexual Exploitation: an individual taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based Harassment as defined above. The non-consensual or abusive sexual advantage must be for their own benefit or for the benefit of anyone other than the person being exploited. Examples of which include, but are not limited to:
      1. Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
      2. Invasion of sexual privacy (e.g., doxxing)
      3. Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
      4. Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
      5. Prostituting another person
      6. Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
      7. Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
      8. Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
      9. Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
      10. Knowingly soliciting a minor for sexual activity
      11. Engaging in sex trafficking
      12. Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
      13. Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)
      14. Creating or disseminating images or videos of child sexual abuse material
2. Online Prohibited Conduct
   • Prohibited Conduct includes online manifestations of any of the prohibited conduct above, when those behaviors occur in or have an effect on the College’s education program and activities, community members, or when they involve the use of the College’s networks, technology, or equipment.
   • Although the College may not control websites, social media, and other venues through which discriminatory or harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects. These means may include use of different College policies to address off-campus conduct whose effects contribute to limiting or denying a person access to the College’s education program or activity.

D. Consent, Force, Incapacitation

1. Consent:

knowing, and voluntary, and clear permission by word or action to engage in sexual activity.

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to be kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time.

Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.

Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on the College to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged prohibited conduct occurred and any similar and previous patterns that may be evidenced.

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault.

2. Force

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

3. Incapacitation

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances. If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

⁷ The protected characteristics under Title IX protect against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.

⁸ Sex-based conduct includes any conduct that is based on sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

⁹ Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

Standard of Proof

The College uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).

Reports and Complaints of Sex Discrimination and/or Sex-based Harassment

A. Reporting to the College

The College strongly encourages any individual who has experienced, observed, or has knowledge of Prohibited Conduct to report to the Title IX Coordinator. Reporting conduct that may constitute Prohibited Conduct to the Title IX Coordinator does not necessarily require participating in any subsequent proceedings, including the Grievance Procedures, nor is such participation required for an individual to request and receive Supportive Measures.

Reports of Prohibited Conduct may be brought to the College by contacting any of the following:

• Title IX Coordinator
• The Mount Holyoke Public Safety and Service Department

Anonymous reports may be made through the . The Title IX Coordinator will address an anonymous report of conduct that reasonably may constitute Prohibited Conduct pursuant to this Policy to the extent reasonably possible. However, the ability of the College to conduct an effective inquiry into and take action concerning an anonymous report may be significantly limited.

As set forth below, the College employees may not make anonymous reports about conduct involving others that reasonably may constitute sex discrimination pursuant to this Policy. All such information must be provided to the Title IX Coordinator.

Public awareness events in which experiences of sex-based harassment are disclosed do not constitute reports to the College under this Policy, unless such sex-based harassment involves an imminent or serious threat to the health or safety of a person.

Reporting carries no obligation to initiate a Complaint, and in most situations, the College is able to respect a Complainant’s request to not initiate a complaint. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the College may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, the College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the College to discuss and/or provide supportive measures, in most circumstances.

B. Reporting to Law Enforcement

Individuals have the right to notify or decline to notify law enforcement concerning an alleged incident of Prohibited Conduct under this Policy which may be criminal in nature, and individuals may receive assistance from the Title IX Coordinator in doing so. Under limited circumstances that pose a health or safety threat to the College community, the College may independently notify law enforcement of the alleged incident(s).

Any person wishing to pursue criminal action in addition to, or instead of, reporting to the College may do so by contacting:

Emergencies: 911

Campus Police Department

MHC Public Safety and Service
1 Everett Road, South Hadley, MA 01075
Main Number: (413) 538-2304
Speech-to-Speech (STS) 1-866-645-9870
TTY and ASCII 1-800-439-2370
Voice-Carry-Over (VCO) 1-866-887-6619

Local Police Department

South Hadley Police Department
41 Bridge Street, South Hadley, MA 01075
Main Number: (413) 538-5050
Anonymous Tips: (413) 538-8231, ext. 3

State Police Department

Massachusetts State Police MA State Police Local Barracks
470 Worcester Road, Framingham, MA 01702 State Police Northampton
Main Number: (508) 820-2300 555 North King Street, Northampton, Emergency Number: 911 MA 01060
(413) 584-3000

The law enforcement contacts above encourage anyone reporting to law enforcement to take steps to preserve evidence.

A criminal investigation into any matter does not preclude the College from implementing this Policy and its Grievance Procedures. However, the College may reasonably and temporarily delay its Grievance Procedures when there is an ongoing concurrent law enforcement proceeding.

Neither the result(s) of a law enforcement investigation nor the decision of law enforcement to investigate or decline to investigate any reported incident(s) is determinative as to whether Prohibited Conduct has occurred for the purposes of this Policy and the Grievance Procedures.

Individuals are encouraged to report to the Title IX Coordinator or Public Safety and Service regarding any protective order issued under state or federal law. The Title IX Coordinator will respond promptly and effectively to such information, including by notifying the Mount Holyoke Public Safety and Service department.

C. Filing a Complaint

A Complaint provides notice to the College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint. Reports or Complaints of discrimination, harassment, and/or retaliation may be made using any of the following options:

• File a Complaint with, or give verbal Notice directly to, the Title IX Coordinator. Such a Complaint or notice may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Title IX Coordinator.
• Submit online Notice at the . Anonymous Notice is accepted, but the Notice may give rise to a need to try to determine the Parties’ identities. Anonymous Notice typically limits the Recipient’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous Notice.
• The following persons have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the recipient investigate and make a determination about alleged discrimination under Title IX or this part:
  • A complainant;
  • A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant;
  • The Title IX Coordinator, after making the determination specified in Section 3 of the process below;
  • With respect to complaints of sex discrimination other than sex-based harassment, in addition to the persons listed in above:
    • Any student or employee; or
    • Any person other than a student or employee who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

Time Limits on Reporting

There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

Mandated Reporting and Confidential Employees

All College employees, with the exception of those designated as Confidential Employees , must in Section VI, disclose to the Title IX Coordinator when the employee has information about conduct that may reasonably constitute Prohibited Conduct pursuant to this Policy.

If a student-employee while performing employment duties or otherwise in the course of their employment receives information regarding conduct that may reasonably constitute Prohibited Conduct pursuant to this Policy, that student-employee must likewise disclose the same to the Title IX Coordinator.

Failure of an employee, as described above in this section, to report conduct that may reasonably constitute prohibited conduct pursuant to this Policy and can subject such employee to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandated Reporter. Such individuals are obligated to report their own prohibited conduct, and failure to do so is a chargeable offense under this Policy.

This mandatory reporting requirement does not apply to an employee who personally has been subject to conduct that may reasonably constitute Prohibited Conduct pursuant to this Policy.

Certain College employees are designated as Confidential Employees pursuant to this Policy. A list of confidential employee positions is provided in Section VI. B. Such positions include those to whom a privilege or confidentiality applies under federal or Massachusetts law; certain positions that have been designated by the College as confidential for the purpose of providing services related to sex discrimination; and those conducting human subjects research as part of a part of a study approved by the College’s Institutional Review Board (IRB).

For Confidential Employees, is applied by law, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

Confidential Employees are not required to disclose to the Title IX Coordinator any personally identifying information from reports of sex discrimination they receive from an individual while performing their Confidential Employee role. However, Confidential Employees must provide non-identifiable information to the Title IX Coordinator for statistical tracking purposes as required by the Clery Act/VAWA.

Confidential Employees must explain to any individual who informs them of conduct that reasonably may constitute sex discrimination:

• The employee’s status as a Confidential Employee pursuant to the Policy.
• How the individual can contact the Title IX Coordinator and how the individual can make a Complaint of Prohibited Conduct under this Policy.
• That the Title IX Coordinator may be able to offer and coordinate Supportive Measures, as well as initiate informal resolution or an investigation under the Grievance Procedures.

While Confidential Employees will maintain confidentiality under this Policy and the Grievance Procedures, they may be required to disclose personally identifiable information by law or a court order or when the reporting individual gives written consent for disclosure.

False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate College policies.

Emergency Removal/Interim Actions/Leaves

The College may emergency remove a student accused of Sex Discrimination or Sex-based Harassment upon receipt of Notice/Knowledge of allegations, a Complaint, or at any time during the resolution process. Prior to an emergency removal, the College will conduct an individualized risk assessment after undertaking an individualized safety and risk analysis, must determine that an imminent and serious threat to the health or safety of any person(s) arises from the allegation(s) of Prohibited Conduct and justifies removal; and must provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal. Students accused of other forms of discrimination (not sex) are subject to interim suspension, which can be imposed for safety reasons. Employees are subject to existing procedures for interim actions and leaves.

An individualized risk assessment is not an evaluation for an involuntary behavioral health hospitalization (Section 12 in Massachusetts), nor is it a psychological or mental health assessment.

Federal Timely Warning Obligations

The College must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the College community.

The College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

Recordkeeping

For a period of at least seven (7) years following the conclusion of the Resolution Process, the College will maintain records of:

• Each discrimination, harassment, and retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation
• Any disciplinary sanctions imposed on the Respondent
• Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the College’s education program or activity
• Any appeal and the result therefrom
• Any Informal Resolution and the result therefrom
• All materials used to provide training to the Title IX Coordinator, Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitator, and any person who is responsible for implementing the College’s Resolution Process, or who has the authority to modify or terminate supportive measures. The College will make these training materials available for review upon request.
• All materials used to train all employees consistent with the requirements in the Title IX Regulations.

The College will also maintain any and all records in accordance with state and federal laws.

Pregnancy and Parenting

The College prohibits discrimination against students and employees on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, lactation, medical conditions related to pregnancy, childbirth, termination of pregnancy or lactation, or recovery from any of these conditions. Any rules concerning parental status may not be applied differently based on sex, gender, or orientation, and thus apply to all students.

Under Title IX, students experiencing pregnancy or parenting, or any related conditions, have specific rights related to their educational access. The College must excuse absences due to pregnancy or related conditions for as long as your doctor says it is medically necessary. You have the right to return to the same academic and cocurricular standing. The College has the responsibility to ensure that all faculty members understand the Title IX requirements related to excused absences relative to pregnancy and related conditions, including class participation, grades, and delayed due dates for assignments. If you are experiencing pregnancy or related conditions that are affecting your time at the College, support can be provided by meeting with the College Title IX Coordinator.

For information regarding lactation spaces at the College, please visit the Title IX website.

Revision of this Policy

This Policy succeeds previous policies addressing discrimination, harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for incidents occurring before August 1, 2024. The Title IX Coordinator reviews and updates these policies and procedures regularly. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.

This Policy is effective August 1, 2024.

Appendix A: Definitions

The following definitions apply to the �鶹��ý���� Policy on Sex Discrimination and Sex-Based Harassment:

• Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.
• Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Policy on Sex Discrimination and Sex-Based Harassment. As used in these policies and procedures, the “Title IX Coordinator” also includes their designee(s).
• Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s), accordingly.
• Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged discrimination, harassment or retaliation.
• Complaint. An oral or written request to the College that can objectively be understood as a request for the College to investigate and make a determination about the alleged Policy violation(s).
• Confidential Employee.
  • An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
  • An employee whom the College has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, or retaliation in connection with providing those services; or
  • An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, or retaliation. The employee’s confidential status only applies with respect to information received while conducting the study.
• Day. A business day when the the College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
• Decision-maker. The person or panel who hears evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
• Education Program or Activity. Locations, events, or circumstances where the College exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that the College officially recognizes.
• Employee.A person employed by the College either full- or part-time, including student employees when acting within the scope of their employment.
• Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
• Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in the Resolution Process.
• Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
• Investigator. The person(s) authorized by the College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
• Knowledge. When the College receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
• Mandated Reporter. A College employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX Coordinator.
• Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.
• Parties. The Complainant(s) and Respondent(s), collectively.
• Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
• Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or College Policy.
• Relevant Evidence.Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the Parties or witnesses.
• Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the College’s Education Program and Activity.
• Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution and/or Hearing Resolution.
• Respondent. A person who is alleged to have violated the College’s prohibition on sex discrimination or any other definition of prohibited conduct under this Policy.
• Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
• Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
• Student. Any person who has gained admission.
• Title IX Coordinator. At least one official designated by the College to ensure ultimate oversight of compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks.

Appendix B: Training for the Resolution Process Pool Members

Resolution Process Pool members receive annual training related to their respective roles. This training may include, but is not limited to:

• The scope of the College’s Policy on Sex Discrimination and Sex-based Harassment
• The College’s Resolution Process
• How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
• Implicit bias and confirmation bias
• Treating Parties equitably
• Disparate treatment
• Disparate impact
• Reporting, confidentiality, and privacy requirements
• Applicable laws, regulations, and federal regulatory guidance
• How to implement appropriate and situation-specific remedies
• How to investigate in a thorough, reliable, timely, and impartial manner
• Trauma-informed practices pertaining to investigations and resolution processes
• How to uphold fairness, equity, and due process
• How to weigh evidence
• How to conduct questioning
• How to assess credibility
• Impartiality and objectivity
• How to render findings and generate clear, concise, evidence-based rationales
• The definitions of all prohibited conduct
• How to conduct an investigation and grievance process, including administrative resolutions, hearings, appeals, and Informal Resolution Processes
• How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias against Respondents and/or for Complainants, and on the basis of sex, race, religion, and other protected characteristics
• Any technology to be used at a live hearing
• Issues of relevance of questions and evidence
• Issues of relevance and creating an investigation report that fairly summarizes relevant and not impermissible evidence
• How to determine appropriate sanctions in reference to all forms of harassment, discrimination, and/or retaliation allegations
• Recordkeeping

Additional Training Elements Specific to Title IX

All investigators, Decision-makers, and other persons who are responsible for implementing College’s Title IX policies and procedures will receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties under Title IX or this part, and annually thereafter. Materials will not rely on sex stereotypes. Training topics include, but are not limited to:

• How to conduct a sex discrimination resolution process consistent with the Nondiscrimination Procedures, including issues of disparate treatment, disparate impact, sex-based harassment, quid pro quo, hostile environment harassment, and retaliation
• The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under the Title IX Regulations
• Training for Informal Resolution facilitators on the rules and practices associated with College’s Informal Resolution process
• The role of the Title IX Coordinator
• Supportive Measures
• Clery Act/VAWA requirements applicable to Title IX
• College’s obligations under Title IX
• How to apply definitions used by the College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with Policy
• Reasonable modifications and specific actions to prevent discrimination and ensure equal access for pregnancy or related conditions
• Any other training deemed necessary to comply with Title IX

¹ �鶹��ý���� is a nondenominational, residential, research liberal arts gender-diverse women’s college and welcomes applications from female, transgender and non-binary students.

² This is not an exhaustive list. The College retains the right to incorporate any and all active College policies.

³ These departments and individuals also serve as the Confidential Resource Providers at the College under Mass. Gen. Laws. ch. 6, § 168E.

⁴ Organizations with * have active Memorandums of Understanding with the College.

⁵ There may be particular circumstances where the College has to collect legal sex from individuals for reporting purposes or to be in compliance with other federal or state laws. Those circumstances are exempt from this policy and its accompanying grievance procedures.

⁶ De minimis harm is defined as something that is very trifling or of little importance.

⁷ The protected characteristics under Title IX protect against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.

⁸ Sex-based conduct includes any conduct that is based on sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

⁹ Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

¹⁰ Anywhere this procedure indicates “Title IX Coordinator,” the College may substitute a trained designee.

¹¹ If circumstances require, the President or Associate Vice President of Human Resources will designate another person to oversee the Resolution Process should an allegation of prohibited conduct be made about the Title IX Coordinator or the Associate Vice President of Human Resources, or if they are otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

¹² Hard-copy materials may be provided upon request to the Title IX Coordinator. The Final Investigation Report and relevant and not otherwise impermissible evidence may be sharing using electronic means that preclude downloading, forwarding, or otherwise sharing.

¹³ Students will be asked to consent to a joint hearing prior to one being assigned. Students will also have to submit a FERPA waiver for a joint hearing to take place.