Title IX & Sexual Misconduct Response

  • Dean College prohibits sexual misconduct in any form. Any form of violence, intimidation, abuse, exploitation or harassment based on gender or sexual preference is contrary to the ideals of Dean and may jeopardize a community member's ability to learn, work, or otherwise participate in the life of the College. 

    Dean College strongly encourages all members of the community to take action, seek support and report incidents of sexual misconduct. If the College becomes aware of sexual misconduct that impacts one or more members of the College community, the College will promptly investigate the matter and, as appropriate under the circumstances, take action to end the behavior, eliminate any hostile environment, remedy its effects, and prevent its recurrence.  The College will do so whether the perpetrator of the misconduct is a student, employee, guest, vendor or other third party. 

    Notice of Non-Discrimination

    Dean is deeply committed to the principle that all of its students, faculty, and staff have a right to be free from discrimination on the basis of race, color, national origin, ancestry, religion or religious creed, sex, sexual orientation, gender identity and/or gender expression, age, physical or mental disability, genetic information, or veteran status in its programs or activities. The harassment or intimidation of another person, whether student, faculty, or staff, or any other act of discrimination which limits another person's right to equal opportunity or otherwise denies a person equal treatment because of any of these protected categories is prohibited. 

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      Policies of Prohibited Conduct

      For immediate help, call Campus Safety at 508-541-1888.

      Scope of Policies

      All students, staff, and faculty at Dean College, regardless of their location, are responsible for adhering to the College’s policy on Sexual Misconduct. The Title IX Coordinator will oversee the College’s response to incidents of Sexual Misconduct and ensure that appropriate resources are available to students and employees involved in these types of incidents.

      The Director of Human Resources or his/her designee will investigate all incidents in which staff or faculty member(s) are accused of Sexual Misconduct. This includes claim(s) of sexual misconduct that are made by; a student against a staff or faculty member(s), staff or faculty(s) against another staff or faculty member(s), or third party claim against staff or faculty member(s). Employees who commit Sexual Misconduct are subject to the full range of sanctions available under the College's employment policies, up to an including termination of employment.

      The Director of Student Conduct & Community Standards, or his/her designee, will investigate all incidents in which students are accused of Sexual Misconduct. This includes claim(s) of sexual misconduct that are made by; a student against another student(s), staff or faculty member(s) against student(s), third party claim against student(s). Students who commit Sexual Misconduct are subject to the full range of sanctions available under the student code of conduct, up to an including expulsion. 

      The Title IX Coordinator or his/her designee will investigate all incidents in which the person accused of Sexual Misconduct is a guest, vendor or other third party.  Third parties who engage in Sexual Misconduct are subject to a full range of sanctions up to and including termination of any relationship with the College.

      Definition of Sexual Misconduct

      Sexual Misconduct refers to all forms of inappropriate physical, verbal or other behavior on the basis of sex or gender, including without limitation rape, sexual assault, sexual harassment, sexual exploitation, relationship violence and stalking, each of which is defined below.  Sexual Misconduct also includes any attempt to commit such behavior, as well as assisting, inducing or attempting to assist or induce someone else to commit such behavior. See all prohibited forms of sexual misconduct listed below:

      • Rape/Sexual Assault is any act of sexual penetration involving another person without that person’s valid consent.  Sexual assault is any act of sexual touching, without penetration, involving another person without that person’s valid consent. Consent means a positive, unambiguous, and voluntary agreement to engage in specific sexual activity by a person who is capable of giving such consent. A person may be incapable of giving valid consent due to age, disability, the consumption of alcohol or drugs, or some other condition.  Consent cannot be inferred from the absence of a "no"; a clear "yes," verbal or otherwise, is necessary.  Consent to one sexual act does not imply consent to others, nor does past consent to a given act imply present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time.  Consent cannot be obtained by threat, coercion, or force.

      • Sexual Harassment is unwelcome physical, verbal or other conduct of a sexual nature which is sufficiently severe, persistent or pervasive that it has the effect of interfering with a person’s employment or educational experience at the College.  The harassing behavior may be based upon power differentials (a person in a position of authority over another conditions some aspect of the other person’s employment or educational experience on that person’s submission to unwelcome sexual behavior), the creation of a sexually hostile environment (unwelcome sexual touching, leering, comments or other behavior creates a hostile environment in the office, classroom or other setting), or retaliation against a person who complains about harassment, participates in an investigation of alleged harassment, or supports a victim of harassment.

      • Relationship Violence is also known as domestic or dating violence or intimate partner violence. It includes any violence by a person who is or has been in a romantic, intimate or domestic relationship with the victim.

      • Stalking involves engaging in any intentional course of behavior directed towards another person, which would cause a reasonable person to experience fear for his or her safety or the safety of others.

      • Sexual Exploitation involves taking non-consensual or abusive advantage of another person’s sexuality,  including without limitation invading someone’s sexual privacy; obtaining or distributing images or audio of sexual activity, intimate body parts or nudity without consent; allowing another person to observe or listen to sexual activities without consent; and voyeurism.

      Retaliation

      In addition to prohibiting Sexual Misconduct, the College strictly prohibits retaliation against any person who reports an incident of Sexual Misconduct, participates in an investigation of Sexual Misconduct, or supports a victim of Sexual Misconduct.  Any person who commits such retaliation is subject to discipline up to and including expulsion from the College or termination of employment with the College.

       

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      On Campus & Off Campus Resources

      For immediate help, call Campus Safety at508-541-1888.

      All students who are victims of sexual misconduct are encouraged to utilize campus resources and off campus support. Dean College will provide interim and supportive measures regardless of a formal investigation whenever notice is given of alleged sexual misconduct. Below is a list of all resources that are recommended both on-campus and in the community.

      On-Campus Resources for Immediate and Long-Term Support 

       Title IX Resources 2017

      Community Resources for Immediate and Long-Term Support

       Title IX Outside Resources

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      How to Report an Incident

      For immediate help, call Campus Safety at 508-541-1888.

         Title IX Report 2017

      Options for Confidential Reporting

      Students who wish for their names to not be disclosed may contact a member of Counseling Services or Shannon Overcash, Assistant Dean of Students. Counselors will not disclose any identifying information about individuals involved but will share non-identifying and limited incident information to the Title IX Coordinator for record keeping and Clery Act compliance.

       

      In rare situations, the College may override the request of confidentiality when the community’s safety cannot be ensured without a disciplinary investigation. These situations will be limited and will only be shared with a Title IX Investigator. The College prohibits retaliation and will take any reasonable steps to prevent and respond to any notice of retaliation.

       

      Private Reporting Options (not-confidential)

      The College has designated three Title IX Advisors; Alicia Moquin (Resident Director of Horne Hall/Associate Head Lacrosse Coach), Christina Frugale (Student Programs Coordinator/Resident Director of Adams Hall), and Jill Lewis (Resident Director of Ewen Hall) who are trained to support students’ understanding of their options when considering reporting an alleged incident of sexual misconduct and requesting campus resources that may provide support. Students may report an incident to the Title IX Advisor who will advise the students on their options for reporting and support.

       

      Students may also report an incident to the Office of Student Conduct and Community Standards, Campus Safety, or the Title IX Coordinator. Staff conducting investigations will coordinate to avoid unnecessary repetition that would result in the reporting student having to share their perspective repeatedly. A student has the right to file a criminal complaint and report a Title IX disciplinary complaint simultaneously.

       

      Disciplinary(Student Conduct & Community Standards)

      The College is obligated under Title IX to promptly respond to reported incidents of sexual misconduct. For incidents involving students, the College uses a disciplinary process to resolve all reports of sexual misconduct to include sexual harassment, relationship violence, sexual exploitation and stalking. The process will include a fact-finding investigation facilitated by a College-designated Title IX Investigator. The Title IX Investigator will determine whether or not the conduct occurred and, if the conduct occurred, what sanctions the College will implement to end the incident of sexual misconduct and eliminate the hostile environment (Department of Education).

       

      Criminal(Campus Safety & Franklin Police)

      Students may choose to pursue filing criminal charges with Franklin Police which may result in a criminal investigation. A criminal investigation is used to determine whether a violation of criminal law occurred. Ken Corkran, Director of Law Enforcement and Risk Management is a sworn Massachusetts State Police Officer and is able to assist students in the process of filing criminal charges with Franklin Police.

       

      Responsible Employees/Mandated Reporters

      The College is obligated to address sexual misconduct, when a responsible employee at the College knows, or should have known, about an incident. A Responsible Employee is someone who has the authority, or is viewed to have the authority, to take action to address sexual misconduct. The College has designed three Title IX Advisors: Alicia Moquin (Resident Director of Horne Hall/Associate Head Lacrosse Coach), Christina Frugale (Student Programs Coordinator/Resident Director of Adams Hall), and Jill Lewis (Resident Director of Ewen Hall). In addition, all staff members in Student Development are considered responsible employees. All responsible employees are obligated to notify the Title IX Coordinator when they receive a report of sexual misconduct.

       

      Title IX Investigators

      The College has designated four Title IX Investigators (3 for incidents involving students, 1 for incidents involving faculty/staff) who are trained on an on-going basis and are responsible for conducting a Title IX investigation.

       

      The following individuals are Title IX Investigators

      • Alyssa Reddy, Director of Student Conduct & Community Standards  (Alleged are Students)
      • Matt Lechter, Associate Director of Residence Life & Community Standards (Alleged are Students)
      • Shannon Overcash, Assistant Dean of Students (Alleged are Students)
      • Donna Tetrault, Manager of Human Resources (Alleged are Faculty/Staff)  

        

      Title IX Investigation Process for all Incidents of Sexual Misconduct

      The Title IX Coordinator (Dave Drucker, Assistant Vice President/Dean of Students) will oversee the investigation, which in the ordinary course will include the following steps. 

       

      The investigation/adjudication process outlined below is always subject to adjustment as appropriate under the circumstances of any particular case.  At each stage of the process, both the complainant and the accused student have the right to be accompanied by an advisor of his or her choosing. 

       

      1. Title IX Investigator is notified of an alleged sexual misconduct incident that occurred between two students.
      2. The Title IX Coordinator or a Title IX Investigator will meet with the reporting student, provides information about supportive measures and collects available information. The Title IX Investigator considers the initial information about the incident and determines appropriate interim measures.
        • The reporting student will be notified of any interim measures.
        • The reporting student may wish to have an advisor present through each step of the investigation process.
      3. The Title IX Coordinator or a Title IX Investigator meets with the alleged student, provides information about supportive measures and collects available information.
        • The accused student will be notified of any charges against them and of any interim measures they must adhere to throughout the investigation.
        • The student may wish to have an advisor present through each step of the investigation process.
      4. Both the reporting student and the alleged student will be notified in writing of any disciplinary charges that are filed.  
      5. The Title IX Investigator will conduct an investigation. This may involve:
        • Collecting information and statements from both the alleged students and reporting students.
        • Meeting with any witnesses that has relevant information about the incident; which may or may not involve “direct observation” of the “events from the incident.”
        • Collecting other information, documents, photos, emails, texts, that is relevant to the incident.
      6. When the Title IX Investigator has completed a thorough and equitable investigation, he/she will share a draft report of the results of the investigation with both the accused student and reporting student. Both the accused student and reporting student will have the opportunity to review the draft report and make comments on the information.
      7. After receiving and considering all comments from both students, The Title IX Investigator will make a decision of responsibility, using a preponderance of evidence standard (more likely than not). They will also determine appropriate sanctions, if a policy violation has occurred. Both students will be notified in writing of the decision.
      8. Both students have the opportunity to appeal the decision, in writing, within 5 business days. The link to submit an appeal will be included in the decision letter. Appeals will be received and considered by a Title IX Investigator who was not involved in the initial investigation. An appeal will be considered only on the basis of; new information not reasonably available at the time of the investigation, a matter of procedural error or unfairness that could affect the outcome of the case, a clear error by the investigator that could affect the outcome of the case and/or a sanction that is not commensurate with the findings.

       

      The College will make every effort to complete the investigation and adjudication process described above, including any appeal, within 60 days of receiving the initial complaint. If it appears the process will take longer than that, both students will be notified of the delay, the expected duration of the delay, and the reasons for it. 

       

      Interim & Supportive Measures

      While an investigation/adjudication process is ongoing, the College will implement such Interim Measures as are appropriate in the circumstances. Interim Measures may include, without limitation:

      • no contact orders,  
      • interim suspensions,
      • changes in class, laboratory or other educational activities (students)
      • changes in living arrangements (students or live-on staff members)
      • changes in workplace arrangements
      • restrictions on participation in one or more campus activities.
      • restrictions on participation in one or more campus activities.

      The application of Interim Measures will be determined by the Title IX Coordinator, in consultation with other College officials as appropriate under the circumstances. Violations of Interim Measures will be reviewed by the Director of Student Conduct and Community Standards or the Title IX Coordinator; he/she will determine whether to impose corrective action and if so, will determine the corrective actions’ degree of severity; according to the reported violation(s) of the interim measures.

       

      In addition to Interim Measures, the College encourages students to utilize supportive measures regardless of a formal investigation. These supportive measures are available on and off campus and are further detailed in the Resources page.

       

      Sanctions

      Students who are responsible for violating the College's Sexual Misconduct policy can receive sanctions up to and including dismissal from the College. The College considers the severity of the violation, the impact on the victim and the risk to the community when evaluating an appropriate sanction. At minimum, students who are responsible for violations of sexual misconduct may be placed on probation but will likely see more serious sanctions such as suspension or dismissal.

        

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      Common Terms Defined

      For immediate help, call Campus Safety at 508-541-1888.

      Alleged Student refers to the student who is accused of engaging in sexual misconduct, sexual exploitation, sexual harassment, relationship violence, stalking, or any other kind of prohibited behavior. 

      Consent is a defined as positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred from the absence of a "no"; a clear "yes," verbal or otherwise, is necessary.  Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

      Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent. 

      Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. 

      Incapacity occurs when an individual is mentally or physically incapable of giving consent and therefore lack the ability to make or act on considered decisions to engage in sexual activity. An individual may be incapacitated due to alcohol, drugs, or other through a disability. 

      Educational and Proactive Programs – the College offers programs to the campus community that raise awareness of incidents of sexual misconduct and encourage community members to utilize prevention strategies. Collectively the programs offered address the following: policy expectations regarding sexual misconduct, options for reporting an incident, strategies for risk reduction (for example: how alcohol can impact one’s ability to give consent), bystander intervention strategies (for example: how friends can intervene in an unsafe situation), and on-going strategies to prevent sexual misconduct.

      Relationship Violence involves inflicting any physical or sexual harm towards a current or former person to whom you are or have been in a dating relationship with. Relationship violence is also known as domestic or dating violence or intimate partner violence. 

      Examples of Relationship Violence may include, but are not limited to: intimidation through threats of violence, physical or emotional abuse, unwanted and extreme control other another person with whom you are, or have been, in a relationship. 

      Reporting Student is the person who initially reports an alleged incident of sexual misconduct, sexual harassment, sexual exploitation, relationship violence, stalking. 

      Retaliation against an individual who reports an incident of sexual harassment, sexual misconduct, or any other forms of sexual misconduct will not be tolerated. Retaliation against witnesses who cooperate with an investigation of sexual misconduct will not be tolerated. Any students who are responsible for retaliation will be charged and sanctioned through the discipline system. 

      Sexual Exploitation involves any acts that take advantage of another person’s sexuality without a legitimate purpose; such as obtaining video, images, or audio of sexual activity, intimate body parts or nakedness without consent. 

      Sexual Misconduct refers to any actual or attempted sexual contact with another person that is unwanted, perpetrated against a person’s will where consent is not obtained, or where a person is incapable of giving consent due to his/her use of alcohol or other drugs. This includes, but is not limited to, rape, sexual coercion, and sexual assault.

      Sexual Harassment on the basis of sex is a violation of both state and federal law, as well as College policy. As a legal matter, one form of sexual harassment (soBmetimes referred to as “quid pro quo” harassment) is when a person in a position of authority relative to another conditions some aspect of the other person’s educational experience or employment on his or her submission to unwelcome sexual conduct.  Another form of sexual harassment (sometimes referred to as “hostile environment” harassment) occurs when harassing speech or conduct of a sexual nature is sufficiently pervasive, intimidating or abusive that it effectively prevents someone from doing their job or from fully participating in an educational program or opportunity. Note that sexual harassment is a violation of College policy regardless of whether it meets the legal definition of sexual harassment.

      Stalking involves engaging in any intentional course of behavior directed towards another person, which shows no legitimate purpose and intimidates, frightens or harasses that person. As a result of the stalking behavior, a reasonable person would experience fear, intimidation or harassment. 

      Title IX Advisor is the point of contact for students who wish to understand their options and resources related to incidents of sexual misconduct. These Title IX Advisors are trained and are knowledgeable of all the campus resources and options for reporting. Title IX Advisors can most easily be reached in their offices during the business day and can be contacted after hours by Campus Safety or the on-call Professional Staff (CA, Resident Director, Area Coordinator). 


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      Education and Proactive Efforts

      For immediate help, call Campus Safety at 508-541-1888.

      Dean College offers programs to the campus community that raise awareness of incidents of sexual misconduct and encourage community members to utilize prevention strategies. Collectively the programs offered address the following: policy expectations regarding sexual misconduct, options for reporting an incident, strategies for risk reduction (for example: how alcohol can impact one’s ability to give consent), bystander intervention strategies (for example: how friends can intervene in an unsafe situation), and on-going strategies to prevent sexual misconduct. The Title IX Coordinator oversees all efforts to providing trainings and programs.  

      Trainings 

      On an on-going basis, staff and faculty and students receive training about the College’s resources, support and process for responding to sexual misconduct incidents. These trainings are conducted in smaller groups and occur throughout the semester to target specific areas and provide the opportunity for an interactive session. 

      Programming and Outreach 

      Dean College implements a variety of proactive programs to educate the community around issues of sexual misconduct. Programs include awareness and prevention programs, bystander intervention programs. See a list of past programs below. 

      The College established a Sexual Assault and Violence Education working group to plan proactive programs that educate the community about issues related to sexual misconduct. This working group is comprised of staff and faculty from across campus, who directly provide support to students involved in a sexual misconduct incident. The following individuals are members of the Sexual Assault and Violence Education working group: 

      Alyssa Reddy, Director of Student Conduct & Community Standards

      MaryAnn Silvestri, Director of Counseling Services

      Teri Marshall, Office Manager of Health Services

      Alicia Moquin, Resident Director of Horne Hall

      Shannon Overcash, Assistant Dean of Students

      Dave Drucker, Assistant Vice President/Dean of Students & Title IX Coordinator  

      Christina Frugale, Student Programs Coordinator/Resident Director of Adams Hall

      Below are a few examples of trainings and programs that have been offered by the College. This list is not inclusive of all programs and trainings that have been offered by the college.

      • New Student Orientation session to all incoming students during New Student Orientation in all Summer and January orientation sessions. Specifically, students are demonstrated explained the concept of consent and how alcohol can impact consent.
      • New Student Orientation session to all parents of incoming students during New Student Orientation. Parents are provided information regarding the College's response and resources as it relates to Sexual Misconduct.
      • Community Advisor Training in August before the start of the semester and then on-going training as the semester progresses.
      • All Staff/Faculty departments are required to participate in an online training yearly as well as participate in a training by the Title IX Coordinator and Deputy Title IX Coordinator yearly.
      • First year students are reminded of resources and strategies for prevention during Bulldog Bash in September.
      • Periodic emails to all students discuss concepts of safe alcohol consumption and bystander intervention strategies.
      • Small group trainings with local agencies such as Wayside Trauma Intervention Programs.
      • Blue String Awareness Program to bring awareness to male victims of sexual assault during Enough is Enough Week.
      • Clothesline Project to bring awareness to intimate partner violence during Enough is Enough Week.
      • It's On Us on-going campaign to encourage students to pledge to stop sexual misconduct in our community and highlight strategies students can realistically use to be good bystanders and prevent sexual misconduct.  

      For additional examples of trainings and programs offered by Dean College, please contact the Director of Student Conduct and Community Standards at 508-541-1553. 


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