VI. Additional considerations

A. Privacy and Confidentiality: Treatment of Reported Information.

1. Requests for Confidentiality or No Investigation. Olin will act with discretion with regards to the privacy of individuals and the sensitivity of the situation when receiving a report of conduct that could trigger the Sexual Misconduct Policy. The Title IX Coordinator will only share information with College personnel who assist in the implementation of Olin’s Sexual Misconduct Policy and procedures.

   There are certain circumstances in which Olin has a broader obligation to the community and may need to override a) an individual’s request for privacy or b) an individual’s request Olin will not investigate a matter. Because either such a request could impact Olin’s ability to appropriately address and resolve the behavior in question, Olin will weigh these requests carefully. In the case of sexual misconduct allegations, the Title IX Coordinator will evaluate the aforementioned requests by considering a range of factors including, but not limited to, whether:

   • There have been similar complaints about the same individual
   • There appears to be a pattern of perpetration
   • The alleged responding party has a history of violence 
   • The alleged responding party threatened further or future violence
   • The misconduct was alleged to have been committed by multiple perpetrators
   • The alleged responding party holds a position of power over the alleged victim or others
   • The alleged complaining party is a minor
   • Olin possess no other means to obtain relevant evidence 

   The presence of one or more of these factors may lead Olin to commence an investigation. If so, Olin will inform the Complaining/Reporting Party prior to proceeding and will to the extent possible share information only with the individuals responsible for handling Olin’s response and others involved in the investigation. In the event that a Complaining/Reporting Party requests that Olin inform the Responding Party that the Complaining/Reporting Party asked the College not to investigate or seek discipline, Olin will honor the request and inform the Responding Party that Olin made the decision to proceed. 

   If Olin does not proceed, the Title IX Coordinator will consider broader remedial action, such as increased or targeted education or prevention measures, increased monitoring, security or supervision, conducting surveys and/or revisiting its policies and practices. 

2. Disclosure of Sexual Misconduct at Public Awareness Events. Public awareness events such as “Take Back the Night”, candlelight vigils, community programs and other public forms in which individuals disclose incidents of sexual violence, dating or domestic violence, and/or stalking are not considered notice to the College to trigger an obligation to investigate. However, such events may inform Olin’s prevention and education efforts.

B. Duty to Report Gender-Based Discrimination, Sexual Harassment, and Retaliation

All college employees, other than the confidential resources described in Section V.A., are obligated by law to disclose reports and information that is shared with them to the Title IX Coordinator concerning: unlawful discrimination on the basis of sex, gender identity, sexual orientation, and marital or parental status, as well as incidents and allegations of sexual misconduct (including, but not limited to sexual harassment, sexual violence, relationship violence and stalking), and/or retaliation. In addition, Olin employees who are designated as campus security authorities (CSAs) for the purposes of the Clery Act must provide Public Safety with non-identifying statistical information regarding all reporting incidents of Clery crimes (including, but not limited to, sexual assault, dating violence, domestic violence, stalking and hate crimes). Any questions about the reporting or confidentiality status of an individual should be directed to the Title IX Coordinator.

Individuals who serve in professional roles in which communications are provided confidential status under the law (e.g., licensed mental health care providers, licensed medical providers, pastoral counselors and clergy) are not obligated to report identifying information about behavior that may implicate the Sexual Misconduct Policy without the consent of the individual who supplied the information in question or is otherwise in compliance with law as noted in Section V.A above. However, these confidential resources are instructed to inform individuals of their rights to file a complaint under the Sexual Misconduct Policy and may assist in that process. Please note that such employees who receive reports when not functioning in their licensed or confidential capacity are not prohibited from making a report. Confidential resources may however, consistent with their legal obligation and ethical requirements, provide limited statistical information about incidents without revealing personally identifiable information regarding the identity of the individuals involved to the Title IX Coordinator.

C. Crime Log, Statistical Reporting, Emergency Notifications and Timely Warnings

The Clery Act requires Olin to maintain a daily log of certain reported crimes that occurred on campus, Olin controlled property, and public property immediately adjacent to the campus, to publish an Annual Security and Fire Report concerning those reported crimes, and to issue emergency notifications and/or timely warnings. The current Annual Security and Fire Report can be found on the Babson webpage of Public Safety at http://www.babson.edu/offices-services/public-safety/safety-crime-prevention/Pages/clery-act.aspx. In connection with such reports involving sexual misconduct, dating violence, domestic violence or stalking, Public Safety will include the reported crime in its crime log and Annual Security and Fire Report statistics without identifiable information or other information prohibited by law. Public Safety will also issue emergency notifications and/or timely warnings, as appropriate, without the name or personally identifiable information about the alleged victim-survivor.

D. Consensual Sexual Relationships Involving Employees

1. Employee Relationships with Students. The personal relationships that a student develops with College employees play a fundamental role in the student’s educational experience at Olin. Given the inherent authority and power dynamic employees may have over students, a sexual or romantic relationship between a student and an employee can easily raise concerns about sexual harassment or intimidation. In light of these considerations and given that an employee might be called upon to teach, advise, evaluate, or supervise any student, Olin employees should be aware that Olin prohibits employees from engaging in sexual or romantic relations, even if consensual, with any current Olin student. Any employee engaging in sexual or romantic relations with a current student, even if consensual, may be found in violation of Olin’s Sexual Misconduct Policy. 
2. Relationships between Supervisory Employees and Others. Romantic relationships that might be appropriate in other circumstances raise concerns when they occur between supervisors and individuals whom they supervise. Such relationships are fundamentally asymmetric and may raise concerns about validity of consent, conflict of interest, and fair treatment. In addition, such relationships may create the perception of inappropriate or inequitable professional advantage or favoritism that can adversely impact the working or learning environment and raise doubts about the integrity of work performed. Olin employees should be aware that romantic involvement with any employee over whom they have direct supervisory responsibility, even if consensual, is prohibited by this policy. Even when both parties have initially consented to such a relationship, it is the supervisor who, by virtue of their supervisory responsibility, will be held accountable for the unprofessional relationship or abuse of authority. The Title IX Coordinator, together with the Provost and Dean of Faculty with respect to faculty members, or the Director of Human Resources with respect to other employees will make exceptions to this prohibition in appropriate circumstances, with implementation of any necessary measures to avoid conflicts or the appearance of conflicts of interest.