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.
To learn more, click on the topic of each topic listed below:
- Notice of Non-Discrimination
- Policies of Prohibited Conduct
- Definition of Sexual Misconduct
- On Campus & Off Campus Resources
- How to Report an Incident
- Common Terms Defined
- Education and Proactive Efforts
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 incidents.
The College’s Title IX Coordinator is Shannon Overcash, Assistant Dean of Students. The Title IX Coordinator oversees Title IX compliance, policies, procedures, and training for the Dean College community.
There are three Deputy Title IX Coordinators at the College. Deputy Title IX Coordinators oversee Sexual Misconduct compliance, training, policies and procedures, and resources available to the populations they serve. The Title IX Coordinator oversees the work of the Deputy Title IX Coordinators.
- Deputy Title IX Coordinator for Students, Randall Williams
- Deputy Title IX Coordinator for Athletics, Natalie Cohen
- Deputy Title IX Coordinator for Faculty/Staff, Donna Tetrault
The Manager 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 and including termination of employment.
The Deputy Title IX Coordinator for Students, 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 dismissal.
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.
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.
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.
For more information regarding the College’s policy prohibiting Retaliation visit page 10 of Code of Student Conduct.
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. For immediate help, call Campus Safety at 508-541-1888.
Title IX Advocates
Students who report incidents of sexual misconduct are given the option to utilize a Title IX Advocate regardless of if they chose to pursue a disciplinary or criminal investigation. An accused student will also have the opportunity to work with a Title IX Advocate. The Title IX Advocate is a staff member who is trained to provide ongoing support, will coordinate campus resources, and will provide information about investigation options. Students may also elect to have a Title IX Advocate serve as an advisor during a Sexual Misconduct Investigation. Title IX Advocates will be a resource for a student throughout their time at Dean College.
Title IX Advocates will work with campus partners to facilitate the delivery of reasonable accommodations included but not limited to residence hall moves, academic support/changes, and campus employment support. The Deputy Title IX Coordinator for Students, in consultation with the Title IX Coordinator, will determine if an accommodation request can be reasonably delivered.
Report or Receive Accommodations
To report or receive accommodations, please contact one of the staff members listed below:
- Title IX Coordinator, Shannon Overcash, Campus Center Room 208, 508-541-1841
- Deputy Title IX Coordinator for Students, Randall Williams, Campus Center 209, 508-541-1553
- Deputy Title IX Coordinator for Athletes, Natalie Cohen, Dean Hall (First Floor), 508-541-1820
- Deputy Title IX Coordinator for Faculty/Staff, Donna Tetrault, Dean Hall (First Floor), 508-541-1682
Confidential Reporting or Counseling
For confidential reporting or counseling, please contact one of the staff members listed below:
- Director of Counseling Services, MaryAnn Silverstri, Chapman House, 508-541-1602
- Assistant Director of Student Activities and Leadership Development, Christina Frugale, Campus Center 208, 508-541-1842
- On-Campus Wayside Trauma Intervention Specialist (Counselor), Dean College Counseling Services, Chapman House, 508-541-1865
Off Campus Support
For off campus support, please contact:
- Wayside Youth and Family, 508-541-6888
- New Hope Sexual Violence Services (24/7 Hotline), 1-800-323-4673
For medical attention, please contact:
- Dean College Health Services (referral only), Teri Marshall, Chapman House, 508-541-1600
- Milford Regional Medical Center (Campus Safety will provide transport if needed)
Criminal/Civil Options and Investigation
For criminal/civil options and investigation, please contact:
- Dean College Director of Law Enforcement Services and Risk Management, Ken Corkran, Dean Hall (Basement Level), 508-541-1700
For confidential reporting, please contact:
- Dean College Counseling Services, Chapman House (Level 2), 508-541-1602
- Assistant Director of Student Activities and Leadership Development, Christina Frugale, Campus Center, 508-541-1842
For private reporting, please contact:
- Deputy Title IX Coordinator for Students, Randall Williams, Campus Center 209, 508-541-1553
- Title IX Coordinator, Shannon Overcash, Campus Center 208, 508-541-1841
Students may report to Shannon Overcash, Title IX Coordinator, Randall Williams, Deputy Title IX Coordinator for Students or Natalie Cohen, Deputy Title IX Coordinator for Athletics. The Title IX Coordinator or Deputy Title IX Coordinator will provide immediate support, explain the options available to the student, and coordinate any resources. The Title IX Coordinator or Deputy Title IX Coordinator will assign a Title IX Advocate for on-going support.
Faculty and staff may report to Shannon Overcash, Title IX Coordinator or Donna Tetrault, Deputy Title IX Coordinator for Faculty/Staff.
After business hours, students may contact Campus Safety and ask to speak to a Title IX Coordinator or Deputy Title IX Coordinator.
Options for Confidential Reporting
Students who wish for their names to not be disclosed may contact a member of Counseling Services or Christina Frugale, Assistant Dean of Students. Except as necessary in an emergency situation, counselors and/or Christina Frugale, 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 a student’s request for confidentiality or that the College not proceed with an investigation, in particular, when the community’s safety cannot be ensured without a Sexual Misconduct investigation. The College prohibits retaliation and will take any reasonable steps to prevent and respond to any notice of retaliation.
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. In addition, all staff members in the Department of Enrollment and Retention are considered responsible employees. All responsible employees are obligated to notify the Title IX Coordinator or Deputy Title IX Coordinator when they receive a report of sexual misconduct.
Reporting Student’s Options
Students have multiple options after reporting an incident (in no particular order)
- Report an incident and request to receive resources only
- Report an incident, receive resources and ask the college to conduct a Sexual Misconduct investigation
- Report an incident, receive resources and request a criminal investigation from Franklin Police
- Report an incident, receive resources and request both a College’s Sexual Misconduct investigation and a criminal investigation through Franklin Police.
In rare situations, the College may override the request of a reporting student when the community’s safety cannot be ensured without a Sexual Misconduct investigation. These situations will be limited and will be determined by the Title IX Coordinator or Deputy Title IX Coordinator.
Interim & Supportive Measures
When an investigation/adjudication process is ongoing, the College will implement such Interim Measures as are appropriate in the circumstances. Some interim measures may be applied without an investigation indicated by a * below. Interim Measures may include, without limitation:
- no contact orders*
- interim suspensions from the College or living on campus
- changes in class, laboratory or other educational activities (students)*
- changes in living arrangements for the reporting student or accused student*
- changes in workplace arrangements or schedules
- restrictions on participation in one or more campus activities.
- scheduled use of on-campus facilities such as the dining hall, gym, library, etc.
The application of Interim Measures will be determined by the Title IX Coordinator or Deputy Title IX Coordinator, in consultation with other College officials as appropriate under the circumstances. Violations of Interim Measures will be reviewed by the Title IX Coordinator or Deputy Title IX Coordinator; they 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 and Supportive Measures section.
Sexual Misconduct Investigation (College Investigation)
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. 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 alleged conduct occurred and, if the conduct occurred, what actions the College will take to take to address it.
Criminal (Franklin Police Investigation)
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 Services and Risk Management, is able to assist students in the process of filing criminal charges with Franklin Police.
A student has the right to file a criminal complaint and report a Sexual Misconduct disciplinary complaint simultaneously.
Title IX Investigators
The College has designated six Title IX Investigators (4 for incidents involving students, 1 for incidents involving faculty/staff) who are trained on an ongoing basis and are responsible for conducting a Title IX investigation. Generally, one Title IX investigator will investigate each reported incident. In certain situations, there may be a second Title IX Investigator who serves primarily as a note-taker. This note-taker does not make a finding of responsibility or sanctions.
The following individuals are Title IX Investigators for cases in which a student is the respondent:
- Randall Williams, Deputy Title IX Coordinator for Students and Director of Student Conduct & Community Standards
- Matt Lechter, Associate Director of Residence Life & Community Standards
- Kristen Lundgren, Student Conduct Officer
- Christina Frugale, Assistant Director of Student Activities and Leadership Development, Resident Director of Adams Hall
- Jill Lewis, Resident Director, Conduct Coordinator
The following individual is a Title IX Investigator for cases in which faculty or staff is the respondent.
- Robert Carson, Dean College Director of Human Resources
College’s Investigation Process for all Incidents of Sexual Misconduct
The Title IX Coordinator (Shannon Overcash, Assistant Dean of Students) will oversee the College’s investigation, which in the ordinary course will include the following steps. The process listed below does not include the criminal process. For more information on the criminal process please contact Ken Corkran, Director of Law Enforcement Services & Risk Management.
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 reporting student and the accused student have the right to be accompanied by an advisor of his or her choosing.
- The Title IX Coordinator or Deputy Title IX Coordinator is notified of the alleged sexual misconduct.
- The Title IX Coordinator or Deputy Title IX Coordinator will meet with the reporting individual, provide information about supportive measures and collect available information. The Title IX Coordinator or Deputy Title IX Coordinator considers the initial information about the incident and determines appropriate interim measures.
- A Title IX Investigator is assigned to begin the Sexual Misconduct Investigation.
- A Title IX Investigator meets with the accused student and complainant. The Title IX investigator will collect available evidence, provide the opportunity for each student to give a statement, and answer any questions.
- Both the reporting student and the accused student will be notified in writing of any disciplinary charges that are filed.
- The Title IX Investigator will conduct an investigation. This may involve:
- Collecting additional information and statements from both the accused student and the complainant.
- Meeting with any witnesses who have relevant information about the incident.
- Collecting other information, documents, photos, emails, texts, etc. that are relevant to the investigation.
- 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 the complainant. Both parties will have the opportunity to review and comment on the draft report.
- After receiving and considering comments from both students, and conducting any further investigation that is warranted in light of those comments, the Title IX Investigator will make a decision of responsibility, using a preponderance of evidence standard (more likely than not). The Title IX Investigator will also determine appropriate sanctions, if a policy violation has occurred. Both parties will be notified in writing of the decision.
- Both parties 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 assigned to 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, 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 parties will be notified of the delay, the expected duration of the delay, and the reasons for it.
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.
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 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 lacks 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 ongoing 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 or stalking.
Retaliation is intentional action taken by an accused student, or a third party person on behalf of the accused student, against a person who reported an incident or participated in an investigation. 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 (sometimes referred to as “quid pro quo” harassment) is when a person in a position of authority relative to another condition 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 his or her 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 Advocate is the point of contact for students who wish to understand their options and resources related to incidents of sexual misconduct. These Title IX Advocates are trained and are knowledgeable of all the campus resources and options for reporting.
Title IX Coordinator and Deputy Title IX Coordinators oversee the Sexual Misconduct policy, training, Sexual Misconduct procedures and resources for students. Students may report incidents to the Title IX Coordinator or Deputy Title IX Coordinator. Please see the reporting page for more information.
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 ongoing strategies to prevent sexual misconduct. The Title IX Coordinator oversees all efforts to providing trainings and programs.
On an ongoing 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 and 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:
- Randall Williams, Director of Student Conduct & Community Standards & Deputy Title IX Coordinator for Students
- MaryAnn Silvestri, Director of Counseling Services
- Teri Marshall, Office Manager of Health Services
- Natalie Cohen, Director of Equipment Operations, Head Volleyball Coach, Deputy Title IX Coordinator for Athletics
- Shannon Overcash, Assistant Dean of Students, Title IX Coordinator
- Christina Frugale, Assistant Director of Student Activities and Leadership Development, Resident Director of Adams Hall
Sample Training Programs
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 explained the concept of consent and how alcohol can impact consent as well as bystander intervention strategies.
- New Student Orientation session offered 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 & Campus Safety training before the start of the semester and then ongoing 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 ongoing 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 training and programs offered by Dean College, please contact the Director of Student Conduct and Community Standards at 508-541-1553.