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Catalog and Student Handbook 2018-2019

Title IX – Sex Discrimination, Harassment and Assault

In compliance with Title IX of the Education Amendments of 1972 and other federal, state and local laws, Labouré College does not discriminate on the basis of age, color, race, gender, sexual orientation, religion, or national origin in any phase of its employment process, its admission or financial aid programs, or any aspects of its educational programs or activities.

  • Labouré College is committed to fostering a community that promotes prompt reporting of sexually-related misconduct, domestic violence, dating violence, and stalking in any form as well as the timely and fair resolution of complaints.
  • In compliance with Title IX and Violence Against Women Act (VAWA), the College provides a procedure for reporting, investigating and adjudicating misconduct.

Reporting Options

Student, Faculty, and Staff Resource: Contact Matthew Gregory to arrange a meeting about a complaint involving sexual discrimination, sexual harassment, or sexual violence.

Matthew Gregory, Vice President of Student Affairs

(617) 322-3506, matthew_gregory@laboure.edu

This individual has been trained to receive and respond to allegations of violations of the policy. Complaints can be made by those who have been the victim of a violation of this policy, by a third party on a victim’s behalf, or anonymously.

Terminology

Complainant: an individual who has become the victim of an alleged act of Misconduct, which violates the policy.

Respondent: an individual against whom a complaint for violation of the policy is filed.

Witness: an individual who is present during an incident that violates the Title IX policy.

Consent: is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested an understandable agreement between them to do the same thing, in the same way, at the same time and with one another; Is not merely the absence of a verbally stated “no”; Is never final or irrevocable; Is time-limited and situation-specific; even if someone obtained consent from a partner(s) in the past, this does not mean that consent is automatically granted again; Can only be given by someone who is free from verbal or physical pressure, coercion, intimidation, threat, or force.

Dating Violence: physical violence or threats of violence or acts of physical intimidation or coercion committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Domestic Violence: physical violence, threats of violence or acts of physical intimidation or coercion between spouses or former spouses, cohabitating romantic partners or individuals who were formerly cohabitating romantic partners, individuals who share a child in common, or others in a family relationship.

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Stalking behavior includes but is not limited to repeated, intentional following, surveilling or observing another; or using “spyware” or other electronic means to gain impermissible access to a person’s private information.

Sexually-Related Misconduct: a form of Misconduct as defined by this policy, is a category of behavior that includes actual or attempted:

  1. Sexual harassment; and,
  2. Non-Consensual sexual contact (including non-consensual sexual intercourse or sexual exploitation.

Sexually-related misconduct can occur between strangers or non-strangers, including people involved in an intimate or sexual relationship. Sexually related misconduct can be committed by males or by females, and it can occur between people of the same or different sex. Sexual violence is also a form of sexually-related misconduct.

Retaliation

It is a violation of College policy to retaliate against any person making a report of Misconduct or against any person cooperating in the investigation of (including testifying as a witness to) any allegation of Misconduct. The College will not only take steps to prevent retaliation but will take strong responsive action if retaliation occurs and anyone engaging in retaliation is subject to disciplinary action, up to and including dismissal. Retaliation includes intimidation, threats, or harassment against any such reporting party or third party. Retaliation should be reported promptly to Chief Title IX Coordinator and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of sexual misconduct.

Procedures for Investigating Alleged Violations of this Misconduct Policy

  1. Labouré College investigation of a complaint and final action will normally be completed within 60 days, unless the Chief Title IX Coordinator grants an extension for good cause. Both parties will be kept informed of any scheduling delays.
  2. The College may take interim measures to ensure that there is not any interaction between all parties involved with the investigation. Examples may include: adjusting class schedules, and issuing ‘no contact’ orders to all parties.
  3. No direct cross-examination is permitted during the investigation, hearing, or appeal process. The respondent is not permitted to confront the complainant in any Title IX investigation.
  4. The complainant and respondent will be permitted to have an advisor attend any investigatory interview/ meeting with him/her. Unless the matter involves a sexual assault, domestic or dating violence, or stalking, the advisor has to be a non-attorney member of the campus community.
  5. In some cases, a mediated resolution may be appropriate. This may be the case in instances of more minor acts of insensitivity or misunderstandings. Mediation is not available in cases of sexual assault or other violence or where a student is complaining of conduct by an employee in a position of authority over that student.
  6. The Title IX team uses the preponderance of the evidence standard in making its findings and recommendations.

Investigation Process

  1. Upon receipt of a complaint and a desire by the complainant to move forward with an investigation, or a determination by the College to move forward in the absence of a participating complainant, the investigation process will begin.
  2. The investigation will normally be conducted by the Chef Title IX Coordinator and Title IX Deputy.
  3. The investigation process generally includes interviewing the persons involved, including witnesses, and gathering and considering relevant evidence.
  4. Normally, the investigation will be completed within 60 days of receipt of the complaint. In unusual cases, it may be apparent that an investigation should not proceed.
  5. If a determination is made that a violation of this policy did not occur, no sanction (s) will be issued under this policy. However, the College retains the right to address inappropriate behavior through other applicable College policies and procedures.
  6. Each party will be notified simultaneously, in writing, of the results of any decision by the Title IX Team, along with the rationale. Either party may appeal in writing within 10 days of the decision.
  7. At all steps of the process, the Chief Title IX Coordinator will disclose information about its investigation and resolution of sexual misconduct complaints only to those who need to know the information in order to carry out their duties and responsibilities. It will inform all College personnel participating in an investigation, proceeding, or hearing that they are expected to maintain the privacy of the process. This does not prohibit either a complainant or respondent from obtaining the assistance of family members, counselors, therapists, clergy, doctors, attorneys, or other resources.

Domestic/Dating Violence & Sexual Assault Resources

Boston Area Rape Crisis Center (BARCC)

24-hour hotline 800-841-8371 http://barcc.org

Beth Israel Deaconess Medical Center

Center for Violence Prevention and Recovery

(617) 667—8141 www.bidmc.harvard.edu/violenceprevention

Domestic Violence Hotline: (800) 799-SAFE (7233)

Not Alone: Information for students, schools, and anyone interested in finding resources on how to respond to and prevent sexual assault on college and university campuses and in our schools.

Sexual Violence – Victim’s Rights and Information: Information to assist members of the College community with understanding the rights, protections and services available to victims of sexual violence.

The Massachusetts Department of Public Health Sexual and Domestic Violence Resources

Resources for Massachusetts Survivors of Domestic Violence and Sexual Assault

Student Empower – Allies in Action: BE AN ALLY: Have you ever done something to help? It could be simple, like the time you told your friend that a rape joke wasn’t funny. Small actions add up to big change.

Massachusetts Office for Victim Assistance (MOVA) – Services available to all victims of all crimes.