Policy on Nondiscrimination and Anti-Harassment

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 Compliance
1 Skinner Hall
50 College Street
413-538-2273

Lily Schaefer-Calderon
Director of Civil Rights
Safford Hall
lscaefercal@mtholyoke.edu

For disability-based allegations:

Shannon Lynch
Institutional 504 Coordinator & Assistant Vice President for Compliance
1 Skinner Hall
50 College Street
413-538-2273
shannonlynch@mtholyoke.edu

Lily Schaefer-Calderon
Student 504 Coordinator & Director of Civil Rights
Safford Hall
lschaefercal@mtholyoke.edu

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 Compliance and Director of Civil Rights are responsible for providing comprehensive nondiscrimination 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

• Code of Ethical Conduct
• Staff Handbook
• Faculty Legislation
• Sexual Harassment Policy
• Pronoun Policy
• Chosen Name Policy

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:

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
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Office for Civil Rights (OCR)
Boston Office
8th Floor, 5 Post Office Square
Boston, MA, 02109-3921
Email:OCR.Boston@ed.gov

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 475
Boston, MA, 02203

All College employees, with the exception of those designated as Confidential Employees below, must disclose to the Assistant Vice President for Compliance and/or the Director of Civil Rights 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 Compliance and/or the Director of Civil Rights.

Failure of a Mandated 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 Mandated 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 Compliance or the Director of Civil Rights 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 Compliance and/or the Director of Civil Rights 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:

• The employee’s status as a Confidential Employee pursuant to the Policy.
• How the individual can contact the Assistant Vice President for Compliance and/or the Director of Civil Rights and how the individual can make a Complaint of Prohibited Conduct under this Policy.
• That the Assistant Vice President for Compliance and/or the Director of Civil Rights 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.

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 Compliance has been designated as the College’s 504 Coordinator and the Director of Civil Rights 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:

Students:
https://www.mtholyoke.edu/directory/departments-offices-centers/disability-services/appeals-and-grievances.

Employees:
Policy: https://www.mtholyoke.edu/policies/policy-reasonable-accommodation
Procedure: https://www.mtholyoke.edu/policies/reasonable-accommodation-procedures

Form: https://cm.maxient.com/reportingform.php?MountHolyoke&layout_id=27

This Policy is applicable to alleged incidents that are reported on or after August 1, 2025, 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:

• On campus;
• On other property owned or controlled by Mount Holyoke College;
• In the context of Mount Holyoke College’s education programs or activities, including but not limited to employment, classes, Mount Holyoke College-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 Mount Holyoke College.
• The College retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal or graduation, and may initiate and/or resolve any pending disciplinary matters 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 violation(s) committed while still enrolled, but reported after a student has graduated, the College reserves the right to initiate a resolution process. 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 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 Compliance or the Director of Civil Rights promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge or a Complaint. The Assistant Vice President for Compliance or the Director of Civil Rights 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 Compliance or the Director of Civil Rights 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:

• Referral to counseling, medical, and/or other health care services
• Referral to Employee Assistance Program
• Academic support, extensions of deadlines or other course-related adjustments without creating a fundamental alteration
• Providing campus escort services
• Increased security and monitoring of certain areas of campus
• Implementing 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 discrimination, harassment, or retaliation
• Trespass orders
• Timely warnings
• 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 Assistant Vice President for Compliance or the Director of Civil Rights

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.

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 nonconforming, 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 minimis² 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 nonconforming, 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 Mount Holyoke College Pronoun Sharing and Disclosure Policy and the Chosen Name Policy for more information about pronoun and chosen name usage.

² De minimis harm is defined as something that is very trifling or of little importance.

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.

A. Discrimination

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:

1. Disparate Treatment Discrimination:

• Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived protected characteristic and that:
  • Excludes a person from participation in;
  • Denies the person benefits of; or
  • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.

2. Disparate Impact Discrimination:

• Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
  • Excludes an individual from participation in;
  • Denies the individual benefits of; or
  • Otherwise adversely affects a term or condition of an individual’s participation in a College program or activity.

B. Discriminatory Harassment

• unwelcome conduct on the basis of actual or perceived protected characteristic(s), 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

C. Title VII (FHA) Sexual Harassment:

• Situations where an Employee is subjected to Sexual Harassment (or where a situation involves a residential Complainant in College-provided housing), defined as:
  • Unwelcome verbal, written, graphic and/or physical conduct;
  • that is severe or pervasive and objectively offensive;
  • on the basis of sex, that
  • unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.

D. Other Prohibited Conduct

1. Bullying:³
   • repeated and/or severe aggressive behavior
   • that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant
   • that is not speech or conduct that is otherwise protected by the First Amendment
2. Endangerment:
   • threatening or causing physical harm
   • extreme verbal, emotional, or psychological abuse
   • other conduct which threatens or endangers the health or safety of any person or damages their property

3. Hazing:

   • any act or action
   • which does or is likely to endanger the mental or physical health or safety of any person
   • as it relates to a person’s initiation, admission into, or affiliation with any Recipient group or organization

   For the purposes of this definition:

   • It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of hazing to be upheld.
   • It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
   • The actions of alums, active, new, and/or prospective members of a student group or student organization may be considered hazing.
   • Hazing is not confined to the student group or student organization with which the person subjected to the hazing is associated.

4. Retaliation:

   • Adverse action, including intimidation, threats, coercion, or discrimination,
   • against any person,
   • by the College, a student, employee, or a 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 law or Policy, or
   • because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under the Nondiscrimination and Anti-Harassment Policy and Procedures, including an Informal Resolution process, or in any other appropriate steps taken by the College to promptly and effectively end any discrimination, harassment, or retaliation in its education program or activity, prevent its recurrence, and remedy its effects.

   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.

5. Unauthorized Disclosure:⁴
   • Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the College; or
   • publicly disclosing institutional work product that contains personally identifiable information without authorization or consent.
6. Failure to Comply/Process Interference
   • Intentional failure to comply with the reasonable directives of the Assistant Vice President for Compliance or the Director of Civil RIghts in the performance of their official duties, including with the terms of a no contact order
   • Intentional failure to comply with emergency removal or interim suspension terms
   • Intentional failure to comply with sanctions
   • Intentional failure to adhere to the terms of an Informal Resolution agreement
   • Intentional failure to comply with mandated reporting duties as defined in this Policy
   • Intentional interference with the Resolution Process, including but not limited to:
     • Destruction of or concealing of evidence
     • Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
     • Intimidating or bribing a witness or party

E. Sanction Ranges

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.

• Discrimination: warning through expulsion or termination.
• Discriminatory Harassment: warning through expulsion or termination.
• Title VII (FHA) Sexual Harassment: warning through expulsion or termination.
• Bullying:warning through expulsion or termination.
• Endangerment:warning through expulsion or termination.
• Hazing:warning through expulsion or termination.
• Retaliation: warning through expulsion or termination.
• Unauthorized Disclosure:warning through expulsion or termination.
• Failure to Comply/Process Interference:warning through expulsion or termination.

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 Compliance or the Director of Civil Rights 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:

1. File a Complaint with, or give verbal Notice directly to the Assistant Vice President for Compliance and/or the Director of Civil Rights. Such a Complaint 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 Assistant Vice President for Compliance or the Director of Civil Rights.
2. Submit online Notice at Nondiscrimination Incident Reporting Form. 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 College’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.

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 Compliance and/or the Director of Civil Rights. 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 Compliance and/or the Director of Civil Rights’ 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.

A. Confidentiality

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.

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 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:

• 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 discrimination, harassment, or retaliation 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, or 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 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.

• 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 policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.

Unauthorized Disclosure of Information

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:

Harassment, Discrimination, or Retaliation

• Evidence in the form of text and voice messages will be lost in most cases if the Complainant changes their phone number.
  • Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
  • Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).
• Save copies of email and social media correspondence, including notifications related to account access alerts.
• Take time stamped photographs of any physical evidence, including notes, gifts, etc., in place when possible.
• Save copies of any messages, including those showing any request for no further contact.
• Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible.

During the initial meeting between the Complainant and the Assistant Vice President for Compliance or the Director of Civil Rights, 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):

1. All “primary crimes,” which include criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
2. 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
3. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

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 Campus 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 Compliance and the Director of Civil Rights act with independence and authority, free from bias and conflicts of interest. The Assistant Vice President for Compliance and the Director of Civil Rights 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 Compliance, contact the College’s Associate Vice President of Human Resources. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by the Director of Civil Rights or any other Resolution Pool member should be raised with the Assistant Vice President for 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, 2025. The Assistant Vice President for Compliance and the Director of Civil Rights 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, 2025.