Established: August 2024
Date Last Revised: August 1, 2026
Approved by: Assistant Vice President for Civil Rights and Compliance & and Title VI Coordinator
Responsible Office: President’s Office
Responsible Senior Staff Member: Assistant Vice President for Civil Rights and Compliance
Policy on Nondiscrimination and Anti-Harassment
(Hereinafter, “the Policy”)
Mount Holyoke College (the “College”) 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 discrimination, harassment, and for allegations of retaliation.
The College is committed to providing an educational and employment environment that is free from discrimination and harassment based on protected characteristics and retaliation for engaging in protected activity. The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.
The Policy is in keeping with our institutional values and is intended to meet our obligations under Title VI of the Civil Rights Act of 1964 (“Title VI”); Title VII of the Civil Rights Act of 1964 (“Title VII”); the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”); and other applicable law and regulations including, but not limited to, the 2021 Massachusetts Campus Safety Act.
Mount Holyoke College 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, and/or other human/civil rights agency.
This Policy covers all protected categories listed above, with the exception of categories that fall within the definitions for sexual 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 protected characteristic(s), is in violation of this Policy. The College will respond to reports of discrimination, harassment, and retaliation 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.
The College has appointed the Assistant Vice President for Compliance and the Director of Civil Rights to coordinate the College’s compliance with federal, state, and local civil rights laws and ordinances:
Shannon Lynch
Assistant Vice President for Civil Rights and Compliance
4 Mary Woolley Hall
shannonlynch@mtholyoke.edu
413-538-2273
Lily Schaefer-Calderon
Director of Civil Rights and Compliance
3 Mary Woolley Hall
lschaefercal@mtholyoke.edu
413-538-2956
Shannon Lynch
Institutional 504 Coordinator & Assistant Vice President for Compliance
4 Mary Woolley Hall
413-538-2273
shannonlynch@mtholyoke.edu
Lily Schaefer-Calderon
Student 504 Coordinator & Director of Civil Rights
3 Mary Woolley Hall
lschaefercal@mtholyoke.edu
413-538-2956
If you would like to request reasonable accommodations or have questions about the process, please visit: https://www.mtholyoke.edu/directory/departments-offices-centers/disability-services/appeals-and-grievances & https://www.mtholyoke.edu/policies/policy-reasonable-accommodation
The Assistant Vice President for Civil Rights and Compliance and Director of Civil Rights and Compliance are responsible for providing comprehensive nondiscrimination policy education and training; coordinating the College’s timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this Policy; and monitoring the effectiveness of this Policy and related procedures to ensure an education and employment environment free from discrimination, harassment, and retaliation.
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 the 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:1
1 This is not an exhaustive list. The College retains the right to incorporate any and all active College Policies.
Concerns about the College’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:
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
For Complaints involving employee-on-employee conduct: Equal Employment Opportunity Commission (EEOC)
EEOC Regional Office
John F. Kennedy Federal Building, 15 New Sudbury Street, Room 47
Boston, MA, 02203
All College employees, with the exception of those designated as Confidential Employees below, must disclose to the Assistant Vice President for Civil Rights and Compliance and/or the Director of Civil Rights and Compliance 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 Assistant Vice President for Civil Rights and Compliance and/or the Director of Civil Rights and Compliance.
Failure of a Mandatory Reporter, as described above in this section, to report an incident of discrimination, harassment, or retaliation of which they become aware is a violation of the College’s Policy and may be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandatory Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy. This disclosure 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. 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 nondiscrimination and anti-harassment.
For those whom a privilege or confidentiality 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 Assistant Vice President for Civil Rights and Compliance or the Director of Civil Rights and Compliance any personally identifying information from reports of discrimination, harassment, or retaliation they receive from an individual while performing their Confidential Employee role. However, Confidential Employees must provide non-identifiable information to the Assistant Vice President for Civil Rights and Compliance and/or the Director of Civil Rights and Compliance 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 discrimination, harassment, or retaliation:
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.
Allegations of discrimination on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved via this Policy. A person has a disability if they have a physical or mental impairment that substantially limits a major life activity, under the Americans With Disabilities Act of 1990 (ADA), as amended.
The Assistant Vice President for Civil Rights and Compliance has been designated as the College’s 504 Coordinator and the Director of Civil Rights and Compliance has been designated as the Student 504 Coordinator. Both are responsible for overseeing efforts to comply with these disability laws and their corresponding policies and procedures.
For details relating to requesting disability accommodations in the College’s Resolution Process, visit the following links:
This Policy is applicable to alleged incidents that are reported on or after August 1, 2026, regardless of when they took place. This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment.
This Policy prohibits all forms of discrimination on the basis of the protected characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.
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:
The Grievance Procedures, as detailed within this document, provide for the prompt and equitable resolution of Complaints of Prohibited Conduct as defined by this Policy.
The College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged discrimination, harassment, and/or retaliation. 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.
The Assistant Vice President for Civil Rights and Compliance or Director of Civil Rights and Compliance promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge or a Complaint. The Assistant Vice President for Civil Rights and Compliance or Director of Civil Rights and Compliance will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures. At any time an individual may contact the Assistant Vice President for Civil Rights and Compliance or Director of Civil Rights and Compliance to request or discuss the availability of supportive measures.
The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the Parties as possible. The College will implement measures in a way that does not unreasonably burden any party.
These actions may include, but are not limited to:
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.
The College’s 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 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 where possible. These means may include use of the Resolution Process to address off-campus conduct whose effects contribute to limiting or denying a person access to the College’s education program or activity.
Nothing in this Policy is intended to infringe upon or limit a person’s rights to free speech. Any online posting or other electronic communication by students, including technology-facilitated bullying, stalking, harassment, etc., occurring completely outside of the College’s control (e.g., not on the College networks, websites, or between the College email accounts) will only be subject to this Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, if applicable.
Off-campus harassing speech by employees, whether online or in person, may be regulated by the College only when such speech is made in an employee’s official or work-related capacity.
Students and employees are entitled to an educational and employment 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 legally prohibited discrimination, harassment, and retaliation that are also prohibited under the College Policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of the College Policy, though supportive measures will be offered to those impacted.
All offense definitions 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.
Discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.
Discrimination can take two primary forms:
Hazing:
For the purposes of this definition:
Retaliation:
The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the College to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Nondiscrimination and Anti-Harassment Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
The following sanction ranges apply for Prohibited Conduct under this Policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative conduct record.
3 For Bullying, Hazing, and Endangerment, these offenses can be applied when the conduct is on the basis of protected characteristics, but is not a form of Sexual Harassment.
4 Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.
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).
A Report provides notice to the College of an allegation or concern about discrimination, harassment, or retaliation and provides an opportunity for the Assistant Vice President for Civil Rights and Compliance or Director of Civil Rights and Compliance to provide information, resources, and supportive measures. 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:
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 resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, allegations involving a group of individuals, 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.
There is no time limitation on providing Notice/Complaints to the Assistant Vice President for Civil Rights and Compliance and/or Director of Civil Rights and Compliance. 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 Assistant Vice President for Civil Rights and Compliance and/or Director of Civil Rights and Compliance’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
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.
Confidentiality exists in the context of laws or professional ethics 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.
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 X, below.
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 the legal or regulatory requirements, except in the following circumstances:
The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. We recognize that Complainants or witnesses may be hesitant to give the College knowledge of an incident or participate in resolution 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 provide knowledge of 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 alcohol consumption or the use of illicit drugs, related to the incident. 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.
Parties and Advisors are prohibited from disclosing information obtained by the College through the Resolution Process, to the extent that information is the work product of the College (meaning it has been produced, compiled, or written by the College for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of the College Policy to publicly disclose institutional work product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.
Students may be removed on an emergency basis if they do not adhere to this Policy or if the College otherwise determines, at its sole discretion, that an emergency removal is in the best interest of the College and/or the community. The length of an emergency removal will be determined on a case-by-case basis.
The College may remove a student for an indefinite amount of time if it has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. This risk analysis is performed by the College’s Threat Assessment Team and may be done in conjunction with other relevant administrators using its standard objective violence risk assessment procedures. 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.
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.
The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking actions such as the following:
During the initial meeting between the Complainant and Assistant Vice President for Civil Rights and Compliance or Director of Civil Rights and Compliance, the importance of taking these actions will be discussed, if timely.
Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):
All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) must be shared with Public Safety and Service for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, 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.
The Assistant Vice President for Civil Rights and Compliance and Director of Civil Rights and Compliance act with independence and authority, free from bias and conflicts of interest. The Assistant Vice President for Civil Rights and Compliance and Director of Civil Rights and Compliance oversee all resolutions under this Policy and these procedures. The members of the Resolution Pool 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 Assistant Vice President for Civil Rights and Compliance, contact the College’s Vice President and Secretary of the College. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by the Director of Civil Rights and Compliance or any other Resolution Pool member should be raised with the Assistant Vice President for Civil Rights and Compliance.
This Policy succeeds previous policies addressing discrimination, harassment, and/or retaliation, though previous policies and procedures remain in force for incidents occurring before August 1, 2026. The Assistant Vice President for Civil Rights and Compliance and Director of Civil Rights and Compliance review and update 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, 2026.
