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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.
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.
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
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:
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.
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.
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
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.
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:
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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
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).
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.
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
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.
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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