Terms defined here include:
Individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.
An Advisor is an individual who accompanies a person, who may provide support but may not speak on behalf of the person or otherwise participate in or contribute to a meeting, grievance proceeding or hearing.
Coercion is the use of an unreasonable amount of pressure. Coercion does not begin when the initiator makes an initial sexual advance. Coercion begins when the initiator continues to pressure another to engage in sexual behavior, when a reasonable person would realize that the other does not want to be engaged in sexual activity.
Consent is permission to engage in communication and/or a specific, mutually agreed upon sexual activity that is given freely, actively, and knowingly, using mutually understandable and unambiguous words or actions, or—in plain language—to agree to do the same thing, at the same time, in the same way, with each other.
Consent cannot be inferred by silence, passivity, or not resisting.
Consent cannot be implied by a current or previous dating or sexual relationship.
Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
Consent is not indefinite; it is revocable and may be withdrawn at any time, using words or actions such that a reasonable person would understand a lack of continued consent.
Consent cannot be given by person who is:
It is the responsibility of the person seeking to initiate the sexual activity or conduct to affirmatively obtain consent, not the intended recipient of such conduct to deny such consent.
A confidential employee is an employee who, because of their position, may not reveal an individual’s identity or other information without permission, even to the Title IX Coordinator or designee. The following categories of employees are confidential employees:
An individual who provides confidential mental or physical health services to university students. This includes staff who are understood by students to be acting in that capacity, even if the provision of such services is not their only or standard role. See Section V for relevant guidelines.
Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
Violence committed by a person:
For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
Felony or misdemeanor crimes of violence committed:
To take measures to attempt to or succeed in engaging in sexual behavior with another without that person’s consent. Force is committed in four primary ways: physical force; coercion; threat; or intimidation, which is an implied threat.
A hate- or bias-related crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender’s bias. For example, a Responding Person assaults a Reporting Person, which is a crime. If the facts of the case indicate that the Responding Person was motivated to commit the offense because of their bias against the Reporting Person’s race, sexual orientation, gender, religion, ethnicity, or disability, the assault is then also classified as a hate/bias crime.
(For the purposes of this definition): The touching of the private parts of another person for the purposes of sexual gratification, without the consent of the Reporting Person, including instances where the Reporting Person is incapable of giving consent because of their age or because of his/her temporary or permanent mental incapacity.
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 Person. The definition includes any gender of Reporting Person or Responding Person, and includes instances in which the Reporting Person is incapable of giving consent because of temporary or permanent mental or physical incapacity, including due to the influence of drugs or alcohol or because of youth.
Massachusetts law indicates that such acts are considered rape in any of these circumstances:
Reasonable person means a reasonable person under similar circumstances and with similar identities to the Reporting Person. The conduct, acts or threats described above shall include, but not be limited to, electronic mail, internet communications, instant messages or facsimile communications.
The Reporting Person is the person who reports a concern.
The Responding Person is the person about whom a concern is reported.
All employees, both full and part time, faculty and staff, are Responsible Reporting Employees, with the exception of Confidential Employees.
Intentional action taken by an accused individual or allied third party, apart from legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a civil rights report or complaint proceeding.
Sexual Harassment is gender-based verbal or physical conduct that is:
The unwelcome behavior must be considered an unreasonable interference both to a reasonable person and to the person impacted.
The term sexual harassment is used in this context to indicate the full scope of prohibited sexual behaviors including sexual violence. Examples of prohibited sexual behaviors include but are not limited to the following:
Many other behaviors may constitute prohibited sexual harassment when they are sufficiently severe, persistent, or pervasive, including but not limited to:
Sexual Misconduct includes:
Sexual violence is sexual assault, domestic violence, dating violence and stalking. Some other types of sexual harassment may also be forms of sexual violence.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.