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. We follow the last that "No person in the United States shall, on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance." 20 U.S.C. § 1681 & 34 C.F.R. Part 106 (1972)
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 reported incidences.
In compliance with Title IX and Violence Against Women Act (VAWA), the College provides a procedure for reporting, investigating, and adjudicating misconduct.
Student, Staff, and Faculty Reporting Resource
Contact Matthew Gregory to arrange a meeting about a complaint involving discrimination based on sex, sexual harassment, or sexual violence.
Matthew Gregory, Vice President of Student Affairs and Title IX Coordinator
Office: C128. Office Phone: 617-322-3506. Email: matthew_gregory@laboure.edu
This individual has been trained and certified through 2021 by the Association of Title IX Administrators (AtIXa) to receive and respond to allegations of violations of the policy. Reports can be made by those who have been the victim of a violation of this policy, by a third party on the victim's behalf, or anonymously. Their role is to take prompt and effective action to stop the harassment, prevent the recurrence, and remedy the effects to the best of their ability.
A student or employee has a right to file a criminal complaint and a Title IX complaint simultaneously.
It is important that students know that all staff and faculty at the College are named "mandated reporters" of any potential Title IX violations. The only exception is those who are protected and serving in their protected status (i.e., members of the clergy acting in a clergy role, mental health professionals acting in their mental health professional capacity). Although potentially requested by the reporting party to keep the details or themselves anonymous/confidential, staff must still report the concern to the Title IX Coordinator. This includes any member of a clinical site or adjunct professor.
Terminology
Reporting Party/Claimant: an individual who has become the "victim" of an alleged act of Misconduct which violates the policy. In all cases, the term "victim" will only be used at the completion of an investigation as to not make a judgement in advance of the investigation and hearing.
Respondent: an individual against whom a report on an alleged violation of the policy is filed
Witness: an individual who is present during an alleged incident that violates Title IX policy
Consent: is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested an understanding agreement between them to do the same thing, in the same way, at the same time and with one another. Consent is not merely the absence of a verbally stated "no." Consent is never final or irrevocable. Consent 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. Consent can only be given by someone who is free from verbal or physical pressure, coercion, intimidation. threat, or force.
Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the reporting party.
- By a current or former spouse or intimate partner of the victim
- By a person with whom the victim shares a child in common
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence has occurred
- By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
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 own safety or the safety of others, or suffer substantial emotional distress. Course of Conduct: two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
Sexual Assault: any sexual act directed against another person, without consent of the reporting party, or if the reporting party is incapable of giving consent. Examples of this include: Rape, Fondling, Incest, or Statutory Rape (see below):
- Rape: the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the reporting party. This offense includes the rape of both males and females.
- Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the reporting party, including instances where the reporting party is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: sexual intercourse with a person who is under the statutory age of consent. In Massachusetts, the age of consent is 16.
Sexually-related Misconduct: a form of misconduct as defined by this policy, is a category of behavior that includes actual or attempted sexual harassment, and 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 the 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
The Labouré College investigation of a complaint and final action will normally be completed within 60 days, unless the Title IX Coordinator grants an extension for good cause. Both parties will be kept informed of any scheduling delays.
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.
Pending direction from the Department of Education, direct cross-examination may be permitted during the hearing. In most cases, cross-examination will be completed in writing between both parties through the investigators. The respondent is not permitted to confront the complainant in any Title IX investigation.
The complainant and respondent will be permitted to have an advisor attend any investigatory meeting. Unless the matter involves a sexual assault, domestic or dating violence, or stalking, the advisor must be a non-attorney member of the campus community.
In some cases, a mediated resolution may be appropriate. This may be the case in instances of more minor acts of insensitivity or misunderstanding. 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.
The Title IX team, made up of the Title IX Coordinator and Deputy Title IX Coordinators, use the preponderance of evidence standard in making its findings and recommendations.
Investigation Process
Upon receipt of an official 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. The Title IX Coordinator will do an introductory investigation to determine the wishes of the reporting party and outline the entire process.
The investigation will be conducted by a trained Title IX Investigator. There are at least four trained investigators here at Labouré.
The investigation process generally includes interviewing the persons involved, including witnesses, and gathering and considering relevant evidence.
Normally, the investigation will be completed within 60 days of the receipt of the complaint. In unusual cases, it may be apparent that an investigation should not proceed.
If a determination is made that a violation of this policy did not occur, then 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.
Each party will be notified simultaneously, in writing, of the results of any decision by the Title IX team, along with the rationale. Each party may appeal in writing within 10 days of the decision. The decision maker and appeals person are not involved with the investigation and only are privy to information presented at the hearing in order to remain fair and impartial.
At all steps of the process, the 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.
Sanctioning
The goal of this process is to Stop, Prevent, and Remedy. In accordance with this process, sanctions will be reasonable and reflect the severity of the behavior. Prior consideration of misconduct, role of precedent, and consideration of attitude will be part of the sanctioning process.
In many cases to address the "stopping and prevention" of additional occurrences, educational sanctions may be requested solely or in addition to other sanctions. Appropriate sanctions for students may include, but are not limited to: separation/expulsion, suspension, probation, loss of privileges, counseling, limited access to school/campuses, service hours, online education, discretionary sanctions, and no-contact orders.
Sanctions for staff/faculty may include, but are not limited to: verbal/written warnings, probation, performance improvement/management process, additional training, counseling, loss of privileges, reduction of salary, discretionary sanctions, loss of supervisory responsibilities, paid or unpaid leave, suspension, or termination.
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.