Applicable Scope
The core purpose of this policy is the prohibition of all forms of sex- and gender-based discrimination and sexual misconduct. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. At other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, it can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence, or domestic violence. When an alleged policy violation is reported, the allegations are subject to resolution using the College’s “Process A” or “Process B,” as determined by the Title IX Coordinator, and as detailed below.
—Conduct occurring before August 14, 2020 can be resolved using Process B.
When the Respondent is a member of Mount Holyoke College community, a Formal Complaint may be filed and a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of Mount Holyoke College community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, vendors, contractors, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed and investigated in accordance with this Policy.
The College recognizes that reports and/or Formal Complaints 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 Mount Holyoke 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 and harassment or retaliation.
Oversight
The Vice President for Equity and Inclusion oversees implementation of the Mount Holyoke College’s policy on Gender-Based and Sexual Misconduct.
Kijua Sanders-McMurtry
Vice President for Equity and Inclusion
Dwight Hall 217
413-538-2800
kijuasm@mtholyoke.edu
Title IX Coordinator
The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this policy.
Mikiba W. Morehead
Interim Title IX Coordinator
413-538-3642
titleixcoordinator@mtholyoke.edu
Independence and Conflict-of-Interest
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 these procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific complaint, or for or against Complainants and/or Respondents, generally.
To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator, contact Dr. Kijua Sanders-McMurtry, the Vice President for Equity and Inclusion. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.
Reporting
Notice or complaints of Prohibited Conduct and/or retaliation may be made using any of the following options:
- Reports to a Title IX team member.
- Anonymous Reporting Online: Report can be made using the Campus Bias, Insensitivity and Discrimination Incident Reporting Form: which gives the option to remain anonymous. Anonymous reporting may help the College monitor campus climate and inform its training, program planning and policy development. However, the College’s ability to take specific action on an incident can be limited depending on the amount of information provided.
- Reporting to Law Enforcement: A report to Public Safety and Service can be filed by going directly in person or by calling 413-538-2304 or 911. Public Safety and Service can help identify the appropriate law enforcement agency if the incident occurred off campus. They can also assist in obtaining medical treatment, including a Sexual Assault Nurse Exam (SANE), address immediate safety needs including filing for a emergency restraining order or harassment prevention order, as well as assist victims in evidence preservation.
As used in this Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by Recipient for this purpose) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and requests that Mount Holyoke College investigate the allegations. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly.
Title IX Team Contact Information
Complaints or notice of alleged policy violations, or inquiries about or concerns regarding may be made internally to:
- Lauren Gaia (she/her)
Chief of Staff and Strategic Communications
Senior Deputy Title IX Coordinator
Office of Diversity, Equity and Inclusion
217 Dwight Hall
413-538-3636
lgaia@mtholyoke.edu - Kijua Sanders-McMurtry, PhD (she/her, they/them)
Vice President for Equity and Inclusion
Office of Diversity, Equity and Inclusion
217 Dwight Hall
413-538-3569
kijuasm@mtholyoke.edu - Latrina Denson (she/her)
Associate Dean of Students and Executive Director of Community and Belonging
Deputy Title IX Coordinator (Students)
Division of Student Life
205 Blanchard Hall
413-538-2551
ldenson@mtholyoke.edu - Erica Lemm (she/her)
Senior Associate Director of Athletics
Senior Woman Administrator
Deputy Title IX Coordinator (Athletics)
Division of Student Life
112 Kendall Sports and Dance Complex
413-538-2276
elemm@mtholyoke.edu - Catie LeBlanc Gilman (she/her)
Assistant Athletic Trainer
Deputy Title IX Coordinator (Athletics)
Division of Student Life
126A Kendall Sports and Dance Complex
413-538-3316
cleblanc@mtholyoke.edu - Elizabeth Markovits (she/her)
Associate Provost and Associate Dean of Faculty
Professor, Department of Politics
Deputy Title IX Coordinator (Faculty)
Office of the Provost and Dean of Faculty
Mary Lyon 106
413-538-3065
emarkovi@mtholyoke.edu - Lateisha Rainey (she/her)
Employee Relations and Talent Development Manager
Deputy Title IX Coordinator (Staff)
Department of Human Resources
Skinner Hall, Room 1
413-538-3193
lrainey@mtholyoke.edu
In compliance with federal Title IX regulations, Mount Holyoke College has also deemed all Senior Team Members and Deans of the College to be Officials with Authority (OWA). OWAs may also be contacted with concerns related to this policy or procedures or to give notice of a complaint. OWAs are Responsible Employees and have an additional duty to report any potential Prohibited Conduct under this Policy to the Title IX team.
Parties may wish to file a complaint with one or more of the following external agencies:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Hampshire County District Attorney’s Office
One Gleason Plaza
Northampton, MA 01060
Main: 413-586-9225
Fax: 413-584-3635
Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
617-565-3200
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
Promptness
All allegations are acted upon promptly by the College once it has received notice or a formal complaint. Complaints can take 60-90 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but Mount Holyoke College will avoid all undue delays within its control.
Any time the general timeframes for resolution outlined in Mount Holyoke College’s procedures will be delayed, Mount Holyoke College will provide written notice to the parties of the delay, the cause for the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
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 discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in Alternative Resolution or Formal Grievance Process, as appropriate.
When notice/complaint is affected by a significant time delay, the College will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of the notice/complaint. Typically, this Policy is only applied to alleged incidents that occurred after August 14, 2020. For alleged incidents that occurred prior to August 14, 2020, previous versions of this Policy will apply. Those versions are available from the Title IX Coordinator.
Amnesty for Complainants and Witnesses
Mount Holyoke College encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to college officials or participate in grievance processes 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 choose to report misconduct to college officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.
To encourage reporting and participation in the process, the College maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.
Confidentiality/Privacy
Every effort is made by Mount Holyoke to preserve the privacy of reports. The College will not share the identity of any individual who has made a report or complaint under this Policy; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.
The College reserves the right to designate which Mount Holyoke officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the FERPA.
Information will be shared as necessary with Investigators, Hearing Panel members/Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
The College may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk.
–For the purpose of this policy, privacy and confidentiality have distinct meanings. Privacy means that information related to a complaint will be shared with a limited number of Mount Holyoke College employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. All employees who are involved in the College’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”). The privacy of employee records will be protected in accordance with Human Resources policies. Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, and counselors. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients. The College has designated individuals who have the ability to have privileged communications as Confidential Resources. For more information about Confidential Resources, see Section 13. When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.
Mandated Reporting
All Mount Holyoke College employees, including student employees, are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions.
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Responsible Employee can connect them with resources to report crimes and/or policy violations, and these employees must immediately pass reports to the Title IX Coordinator (and/or law enforcement, if desired by the Complainant), who will take action when an incident is reported to them.
Responsible Employees and Formal Notice/Complaints
Responsible Employees must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.
Employees must also promptly share all details of behaviors prohibited under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.
Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Responsible Employees, as those details must be shared with the Title IX Coordinator.
Generally, disclosures in climate surveys, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College.
Failure of a Responsible Employee, as described above in this section, to report an incident of Prohibited Conduct under this Policy of which they become aware is a violation of Mount Holyoke College policy and can be subject to disciplinary action for failure to comply.
In compliance with federal Title IX regulations, Mount Holyoke College has also deemed Senior Team Members and Deans of the College to be Officials with Authority (OWA). OWAs may also be contacted with concerns related to this policy or procedures or to give notice of a complaint. OWAs are Responsible Employees and have an additional duty to report any potential violations of this policy to the Title IX team.
Confidential Resources
All of the resources listed in this section will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.
Mount Holyoke College employees who are confidential will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client or patient.
Confidential Resources on Campus
Counseling Service
Pattie J. Groves Health Center
413-538-2037
Students can receive counseling services free of charge, including crisis intervention and trauma recovery services during the academic year. Year-round emergency services are available 24 hours a day, seven days a week and can be reached by calling the Counseling Service Care and Support Line at 413-538-2037.
Health Services
Pattie J. Groves Health Center
413-538-2242
Students can contact Health Services for medical assistance and referrals. Assistance could include connecting with a sexual assault nurse examiner (SANE), providing emergency contraception, testing for sexually transmitted infections or other screening for predatory drugs up to 96 hours after the incident. A clinician is on call 24 hours a day during the academic year.
Employee Assistance Program
The Employee Assistance Program (EAP) offers 24-hour free support services for all employees. To access this service visit www.supportlinc.com. To create an account use code “mhc”.
Off-campus Resources
Center for Women and Community (CWC) 24/7 Hotline
University of Massachusetts Amherst
Main number: 413-545-0800
Toll-free: 888-337-0800
TTY: 413-577-0940 or Mass Relay: 711
CWC is a multicultural campus-based center that offers many services to meet the needs of the diverse cultural and linguistic populations of the University of Massachusetts Amherst, Five Colleges and surrounding Hampshire County community. Services include crisis counseling in individual and group settings for all survivors of sexual and relationship violence.
SAFEPLAN
This statewide, court-based program provides specially trained and certified advocates to help survivors of domestic violence, sexual assault and stalking who are seeking protection. SAFEPLAN provides services to survivors free of charge. Advocates help survivors develop personalized safety plans, obtain 209A restraining orders (also called protective orders) and 258E harassment prevention orders from the court, and accompany the survivors to protective-order hearings.
- SAFEPLAN Office — Hampden County
Womanshelter/Compañeras, Inc.
PO Box 1099
Holyoke, MA 01040
413-538-9717 - SAFEPLAN Hampshire County
YWCA of Western Mass., Inc
One Clough Street
Springfield, MA 01108
413-732-3121
Safe Passage
Safe Passage offers a variety of programs designed to support survivors of domestic violence. Services include support and advocacy; individual and group counseling; advocacy related to housing, welfare, medical and educational issues; safety planning; support for children who have witnessed violence; specialized services for immigrants; and legal assistance with divorce, child custody, and other probate and family issues. Safe Passage also has a 24-hour, confidential, toll-free hotline for crisis intervention and emotional support, and an emergency shelter.
Safe Passage
43 Center Street, Suite 304
Northampton, MA 01060
Main: 413-586-1125
Hotlines: (voice) 413-586-5066; (TTY/TTD) 888-345-5282
Fax: 413-586-3742
info@safepass.org
Supportive Measures
The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Mount Holyoke’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter harassment, discrimination, and/or retaliation.
The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the College will inform the Complainant, in writing, that they may file a formal complaint with the College either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are considered with respect to any planned and implemented supportive measures.
The College will maintain the privacy of the supportive measures, provided that privacy does not impair the College’s ability to provide the supportive measures. The College will act to ensure as minimal an academic impact on the parties as possible. In the event a student or employee obtains a court-ordered protective order, they are to notify the Title IX Coordinator immediately. Upon notice of a court-ordered protective order, the Title IX Coordinator will implement appropriate on-campus supportive measures to accommodate the court-ordered protective order. The College will implement measures in a way that does not unreasonably burden the other party. These actions may include, but are not limited to:
- Referral to counseling, medical, and/or other healthcare services
- Referral to Employee Assistance Program
- Referral to community-based service providers
- Visa and immigration support
- Student financial aid counseling
- Education to the community or community subgroup(s)
- Altering campus housing assignment(s)
- Altering work arrangements for employees or student-employees
- Safety planning
- Providing campus safety escorts
- Implementing contact limitations (no contact orders) between the parties
- Referral or assistance with obtaining a court-issued protective order
- Academic support, extensions of deadlines, or other course/program-related adjustments
- Trespass orders
- Timely warnings
- Class schedule modifications, withdrawals, or leaves of absence
- Increased security and monitoring of certain areas of the campus
- Any other actions deemed appropriate by the Title IX Coordinator
Violations of 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.
Violence Risk Assessment and Emergency Removal
In many cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by a threat assessment team after receiving a report. A VRA can aid in critical and/or required determinations, including:
- Emergency removal of a Respondent on the basis of immediate threat to physical health/safety;
- Whether the Title IX Coordinator should pursue/sign a formal complaint absent a willing/able Complainant;
- Whether to put the investigation on the footing of incident and/or pattern and/or climate;
- To help identify potential predatory conduct;
- To help assess/identify grooming behaviors;
- Whether it is reasonable to try to resolve a complaint through Alternative Resolution, and what modality may be most successful;
- Whether to permit a voluntary withdrawal by the Respondent;
- Whether to impose transcript notation or communicate with a transfer Recipient about a Respondent;
- Assessment of appropriate sanctions/remedies (to be applied post-hearing); and/or
- Whether a Clery Act Timely Warning or Trespass Order needed.
Threat assessment is the process of evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional, or direct threat.
Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student or employee conduct process.
A VRA is not an evaluation for an involuntary behavioral health hospitalization (Section XII in Massachusetts), nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology.
The College can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. Emergency Removal may be one outcome of a VRA.
In all cases in which an emergency removal is imposed, the student or employee will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified.
This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so. There is no appeal process for emergency removal decisions.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.
The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion or termination.
The College will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.
At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.
When the Respondent is an employee, or a student employee, accused of misconduct in the course of their employment, existing provisions for interim action are applicable instead of the above emergency removal process.
Online Harassment and Misconduct
Mount Holyoke College policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the College’s education program and activities or use the College’s networks, technology, or equipment.
Although the College may not control websites, social media, and other venues in which harassing communications are made, when such communications are reported to the College, it may engage in a variety of means to address and mitigate the effects where possible.
Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate content via social media; unwelcome sexual or sex-based messaging; distributing, or threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of Mount Holyoke College community.
Disability Accommodations
Mount Holyoke College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s resolution process.
Anyone needing such accommodations or support should contact the Director of Accessible Education and 504 Coordinator or the Office of Disability Services for students or Human Resources for employees, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.
If any participant involved in any process under this Policy is already registered with Human Resources or the Disability Services and has previously been approved for accommodations, the Title IX Coordinator will work with the individual to apply those accommodations to this process where applicable at the parties request.
When a Complainant Does Not Wish to Proceed
If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal laws.
The Title IX Coordinator has ultimate discretion over whether the College proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment.
The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires the College to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. Mount Holyoke may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.
The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the College’s ability to pursue a Formal Grievance Process fairly and effectively.
When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.
When the College proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant.
Note that the College’s ability to remedy and respond to notice may be limited if the Complainant does not want the College to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the College’s obligation to protect its community.
In cases in which the Complainant requests no formal action and the circumstances allow the College to honor that request, the College will offer Alternative Resolution options supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by the College, and to have the incidents investigated and properly resolved through these procedures.
Federal Timely Warning Obligations
Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, the College must issue timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus 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.
False Allegations and Evidence
Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action.
Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under College policy.
Federal Statistical Reporting Obligations
Certain campus officials – those deemed Campus Security Authorities – have a duty to report the following for federal statistical reporting purposes (Clery Act):
- All “primary crimes,” which include homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;
- Hate crimes, which include any bias motivated primary crime as well as any bias motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property;
- VAWA-based crimes, which include sexual assault, domestic violence, dating violence, and stalking; and
- Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug abuse-related law violations.
All personally identifiable information is kept private, but statistical information must be passed along to Public Safety and Service regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.
Campus Security Authorities include: student affairs/student conduct staff, Public Safety and Support, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.
–VAWA is the Violence Against Women Act, enacted in 1994 codified in part at 42 U.S.C. sections 13701 through 14040.
Jurisdiction
This Policy applies to Mount Holyoke College’s education program and activities*, to conduct that takes place on property owned or controlled by Mount Holyoke College, at College-sponsored events, and in buildings owned or controlled by Mount Holyoke College’s recognized student organizations. The Respondent must be a member of Mount Holyoke College’s community in order for this Policy to apply.
*Which includes Mount Holyoke College’s employees’ work environment.
This Policy can also be applicable to the effects of off-campus misconduct that effectively deprives a person of access to the College’s education program or activities. Mount Holyoke College may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial College interest.
Regardless of where the conduct occurred, Mount Holyoke College will address notice/complaints to determine whether the conduct occurred in the context of its employment or education program or activity and/or has continuing effects on campus (including virtual learning and employment environments) or in an off campus sponsored program or activity. 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 educational interests or mission of Mount Holyoke College.
If the Respondent is unknown or is not a member of Mount Holyoke College community, the Title IX Coordinator will assist the Complainant in identifying appropriate institutional and local resources and support options. If criminal conduct is alleged, Mount Holyoke College can assist in contacting local or institutional law enforcement if the individual would like to file a police report.
Further, even when the Respondent is not a member of Mount Holyoke College’s community, supportive measures, remedies, and resources may be provided to the Complainant by contacting the Title IX Coordinator.
In addition, Mount Holyoke College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from College property and/or events.
All vendors serving Mount Holyoke College through third-party contracts are subject to the policies and procedures of their employers and/or to these Policies and procedures to which 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 liaising with 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 Mount Holyoke College where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse.