Sexual and Interpersonal Misconduct and Title IX Policy and Procedure

I. Statement of Values

Sexual misconduct and sexual violence violate the values of Olin and will not be tolerated within the College community. Olin rejects and condemns all forms of harassment, discrimination, retaliation and disrespect. Olin is committed to sustaining a welcoming environment for everyone and especially for those vulnerable to discrimination on the basis of race, religion, color, national origin, age, marital or parental status, veteran status, sex, disability, genetic information, sexual orientation, and/or gender identity. It is the policy of Olin to adhere to all applicable state and federal laws prohibiting discrimination. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. In addition, all community members are expected to take reasonable and prudent actions to prevent or stop an act of sexual misconduct through safe bystander intervention.

Sexual misconduct and sexual violence can be devastating to the person who experiences it directly and can be traumatic to the person’s family, friends, and to the Olin community. Olin is committed to providing an environment of well-being, learning, and accountability for its members by preventing the occurrence of sexual misconduct and addressing its effects.

Applicability

This Policy applies to all members of the Olin College community, including students, faculty, staff, and others participating or attempting to participate in the College’s programs or activities.

This Policy applies to sexual misconduct, interpersonal misconduct, and retaliation that:

• occurs on campus or other property owned or controlled by the College;
• occurs during or in connection with a college education program or activity, including in the course of college-related business, travel, or off-campus programs;
• occurs in circumstances that would be subject to the College’s disciplinary authority; or
• creates a hostile environment for a complainant while on campus or other property owned or controlled by the College or in any College employment or education program or activity.

This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Office.

IV. Role of the Title IX Coordinator

The Title IX Coordinator is responsible for coordinating Olin programs to comply with Title IX and address issues related to sexual and interpersonal misconduct. This includes leading Olin’s efforts to respond to reports of conduct that could trigger Olin’s Sexual and Interpersonal Misconduct Policy. The Title IX Coordinator is also available to meet with any individual to provide information about the Sexual and Interpersonal Misconduct Policy (including the availability of supportive measures and the right to file a complaint and participate in a formal or informal resolution process), as well as discussing other resources within the Olin community and beyond.

Where the Title IX Coordinator is listed as the designated point of contact or person with responsibility for any role, duty or obligation in the Sexual and Interpersonal Misconduct Policy, the College may designate a Deputy Title IX Coordinator(s) or other qualified member of the College community to assume the role, duty or obligation, as necessary and appropriate. These individuals would be available to receive a report from any member of the Olin community who believes the Sexual and Interpersonal Misconduct Policy has been violated. They may also be available to assist others, including respondents and witnesses, in understanding the College’s Sexual and Interpersonal Misconduct Policy and procedures. The College’s Title IX Coordinator and Deputy Title IX Coordinator are:

 

Justin M. Bell, JD

Title IX Coordinator- Director of Non-discrimination Initiatives

Office: MH 323 Phone: 781-292-2408 email: jbell@olin.edu

 

Guilene Prepetit

Deputy Title IX Coordinator -Associate Director of Talent and Engagement

Office: CC 332 Phone: 781-292-2411 email: gprepetit@olin.edu

IV. Prohibited Conduct Under Olin’s Sexual and Interpersonal Misconduct Policy

The College’s Sexual and Interpersonal Misconduct Policy governs incidents of sexual and interpersonal misconduct as prohibited and defined below. This Policy will be used by the College to address incidents alleged to have taken place on or after August 1, 2024. Incidents that allegedly occurred prior to August 1, 2024, are covered under the policy that was in place prior to August 1, 2024.

Allegations that an Olin College student or employee engaged in conduct that would, if proven, constitute Prohibited Conduct as defined below will, as required by the August 2024 Title IX regulations, be handled through the informal resolution process outlined in section XI.A. below (where permitted) or the formal resolution procedures outlined in section XI.B. below.

Allegations that an Olin College employee engaged in discrimination or harassment that do not fall within the definition of Prohibited Conduct covered by this Policy will be addressed through other Olin College employment-related policies, practices, handbooks and/or collective bargaining agreements, but will not be addressed through the policy language or procedures outlined in this Policy.

Matters that involve some allegations that would, if proven, constitute both Prohibited Conduct and some that, if proven, constitute violation of other College policies applicable to students or employees  will ordinarily be handled through the informal process outlined in section XI.A. below and/or the formal resolution process outlined in section XI.B. below, unless the Title IX Coordinator determines in their discretion that handling the matters in another manner would be more appropriate in light of the particular allegations at issue.

This Policy applies regardless of a person’s sex, gender, gender identity, gender expression, sexual orientation, age, race, nationality, class status, ability, religion, or other protected status or characteristics.

 

Definitions of Prohibited Conduct

The following are the definitions of conduct that is prohibited under Olin’s Sexual and Interpersonal Misconduct Policy, including attempts to commit and aiding or inciting others to commit these acts. If an individual has any questions about the definition or application of any of these terms, the Sexual and Interpersonal Misconduct Policy in general, or the resources available to all members of the Olin community, they should please contact the Title IX Coordinator.

This Policy prohibits the following forms of sexual and interpersonal misconduct, collectively referred to throughout the Policy as “Prohibited Conduct”:¹

 

Sexual harassment

Sex-based harassment prohibited by this Policy is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, when it takes the form of:

(1) Quid pro quo harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

 

(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(i) The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;

(ii) The type, frequency, and duration of the conduct;

(iii) The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(iv) The location of the conduct and the context in which the conduct occurred; and

(v) Other sex-based harassment in the College’s education program or activity; or

 

(3) Specific offenses including sexual assault, dating violence, domestic violence and stalking.

 

Forms of Sexual Harassment: In some cases, sexual harassment is obvious and may involve an overt action, a threat, or reprisal. In other instances, sexual harassment is subtle and indirect, with a coercive aspect that is unstated. Some examples include the following:

 

• Sexual harassment can occur between persons of equal power status (e.g., student to student, employee to employee) or between persons of unequal power status (e.g., employee to student, supervisor to employee). Although sexual harassment often occurs in the context of the misuse of power by the individual with the greater power, a person who appears to have less or equal power in a relationship can also commit sexual harassment.

• Sexual harassment can be committed by (or against) an individual or by (or against) an organization or group.

• Sexual harassment can be committed by an acquaintance, a stranger, or people who share or shared a personal, intimate, or sexual relationship.

• Sexual harassment can occur by (or against) an individual of any sex, gender identity, gender expression, or sexual orientation.

• It does NOT have to include intent to harm.

 

Olin College recognizes that the protection of free and open speech and the open exchange of ideas is important to any academic community. This recognition is therefore an important element in the objective “reasonable person” standard used in judging whether sexual harassment has occurred. This policy is meant neither to proscribe nor to inhibit discussion, in or out of the classroom, of complex, controversial or sensitive matters, when in the judgment of a reasonable person they arise appropriately and with respect for the dignity of others.

 

The College also recognizes, however, that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry and learning. Such abuses are unacceptable. If someone believes that another’s speech or writing is offensive, wrong or hurtful, they are encouraged to express that judgment in the exercise of their own free speech or to seek redress under this policy or other College policies as appropriate.

 

Sexual assault

Title IX Section 106.2 provides that “sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting (UCR) system of the Federal Bureau of Investigation,” including the following:

            Forcible Sex Offenses:

1. “Rape—(Except Statutory Rape) The carnal knowledge (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 victim.) of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.”
2. “Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.”
3. “Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.”
4. “Fondling—The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.” For purposes of this Policy, “private body parts” means breasts, buttocks and genitals, including when such touching occurs over clothing.

            Nonforcible Sex Offenses

a. Incest - Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law in the jurisdiction where the conduct occurs.

b. “Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent in the jurisdiction where the conduct occurs.

Stalking: means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) Fear for the person’s safety or the safety of others; or (B) Suffer substantial emotional distress.

• Course of conduct means two or more acts.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Examples of stalking behaviors or activities include, but are not limited to the following, if they occur in the context of stalking as defined above (i.e., the behaviors or activities would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress): (1) non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, text messages, written letters, gifts, or any other communications that are unwelcome; (2) use of online, electronic or digital technologies, such as posting pictures or text in chat rooms or on websites, sending unwanted or unsolicited e-mail or talk requests, posting private or public messages on Internet sites, social networks, and/or school bulletin boards, installing spyware on a person’s computer, or using Global Positioning Systems (GPS) or similar technology to monitor a person; (3) pursuing, following, waiting for, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the person; (4) surveillance or other types of observation, including staring and voyeurism; (5) trespassing; (6) vandalism; (7) non-consensual touching; (8) direct verbal or physical threats against a person or a person’s family member, pet or personal property; (9) gathering information about a person from friends, family, or 8 co-workers; (10) accessing private information through unauthorized means; (11) threats to harm self or others; (12) defamation and/or lying to others about the person; and (13) using a third party or parties to accomplish any of the above.

Dating Violence: is violence committed by a person (A) who is or as been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on the consideration of the following factors: (i) the length of relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Domestic Violence: includes felony or misdemeanor crimes committed under the family or domestic violence laws of the jurisdiction in which the conduct occurs by a person who: A) is a current or former spouse or intimate partner of the victim, or a person similarly situated to a spouse of the victim; B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; C) shares a child in common with the victim; or D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction where the conduct occurs.

Sex Discrimination: Sex discrimination is a type of Prohibited Conduct that involves subjecting an individual or group to an adverse action based on sex, including sex stereotypes, sex characteristics, sexual orientation, and/or gender identity; Parental, Family, or Marital Status; and/or Pregnancy or Related Conditions. Sex-Based Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Sex- and Gender-Based Stalking, is a form of Sex Discrimination, but separately defined under this Policy.

An adverse action is one that adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a College program or activity, and/or is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a College program or activity.

Olin College reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not prohibited by law. Such conduct may be addressed through other disciplinary processes applicable to students or employees, or it may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.

For assistance with Alternative Resolution and other Informal Resolution techniques and approaches, contact the Title IX Office.

Sexual Exploitation: occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent, and attempted sexual exploitation. Examples of sexually exploitative behavior include, but are not limited to: (1) video recording or photographing of sexual acts or nudity of another member of the College community without the consent of a person involved; (2) transmitting such video recordings or photographs without the consent of the person involved; (3) viewing or allowing or aiding others to view another person’s sexual activity, intimate body parts, or nudity without the person’s consent; and (4) sexual exhibitionism or exposure of one’s genitalia in the presence of others without their consent.

Online Harassment and Misconduct: Olin College policies are written and interpreted broadly to include online manifestations of any of the conduct prohibited by this Policy, when those behaviors occur in or have an effect on Olin College’s education program and activities, or when they involve the use of Olin College networks, technology, or equipment.

Although Olin College may not control websites, social media, and other venues through which harassing communications are made, when such communications that may constitute Prohibited Conduct are reported to Olin College, it will engage in a variety of means to address and mitigate the effects, including use of the Resolution Process.

Retaliation

Retaliation means intimidation, threats, coercion, or discrimination against any person by the College or an individual Respondent, for the purpose of interfering with any right or privilege secured by this Policy, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and/or the voluntary informal resolution processes described in this Policy; provided, however, that if the College decides to require an employee or other person authorized to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding or hearing under this Policy, that will not constitute retaliation (please note, however, that the College will not require Confidential Employees to participate in any process as a witness if their doing so would require revelation of information they obtained in their confidential capacity, unless that confidentiality is waived).” against a peer (i.e., student-student or employee-employee retaliation).

Retaliation is a violation of this Policy, even if the facts in a complaint alleging Prohibited Conduct are ultimately not proven by a preponderance of the evidence.

Complaints of retaliation will be handled under the procedures outlined below for sex-based discrimination that does not involve sex-based harassment with a student Party.

 1. The definitions of dating violence, domestic violence, sexual assault, and stalking used in this policy are consistent with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), as amended effective 2014, and the August 2024 Title IX regulations. In its primary prevention and awareness programs for incoming students and new employees, as well as in its primary prevention and awareness programs for students and employees, the College will include the definitions of dating violence, domestic violence, sexual assault, and stalking under the criminal law of Massachusetts. However, the College utilizes its own definitions of these prohibited behaviors, which are consistent with the Clery Act and Title IX and the August 2024 Title IX regulations as set forth below, for purposes of this policy, and determines responsibility for violations of this policy through its own procedures and standards of proof (i.e. by a preponderance of the evidence standard), not through the procedures or standards of proof employed in the criminal justice system.

 

V Pregnancy-Based Discrimination

Olin College does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX). The College prohibits members of the Olin College community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status.  This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

 

Pregnancy-Related Definitions

• Familial Status. The configuration of one’s family or one’s role in a family.
• Marital Status. The state of being married or unmarried.
• Parental Status. The status of a person who, with respect to another person who is under the age of 18, is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
• Pregnancy and Related Conditions. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.
• Reasonable Modifications. Individualized modifications to the College’s policies, practices, or procedures that do not fundamentally alter the College’s education program or activity.

Information Sharing Requirements

Any Olin College employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Title IX Coordinator’s contact information and communicate that the Title IX Coordinator can help take specific actions to prevent discrimination and ensure equal access to the Olin College’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

 

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of Olin College’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

 

Reasonable Modifications for Students

Students who are pregnant or are experiencing related conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to the Olin College’s education program and activity. Any student seeking Reasonable Modifications must contact the Title IX Coordinator to discuss appropriate and available Reasonable Modifications based on their individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts.

 

Reasonable Modifications may include:

• Breaks during class to express breast milk, breastfeed/chestfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

In situations involving teamwork, use of labs and shops, student employment, and other participatory activities, the institution will work with the student to devise an alternative path to completion, if necessary and possible. Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification. Students are welcome to work with their faculty members, supervisors, and/or the Office of Student Affairs and Resources to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. Students can reach out to the Disability Services Office directly. Additionally, the Title IX Coordinator will consult with the Disability Services Office to ensure the student receives reasonable accommodation for their disability as required by law.

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access.

VI Inclusion Related to Gender Identity-Expression

Olin College strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including but not limited to intersex, nonbinary, transgender, agender, two-spirit students and employees.

Discrimination and harassment on the basis of gender identity or expression are not tolerated by Olin College. If a member of the Olin College community believes they have been subjected to discrimination under this Policy, they should follow the appropriate reporting process described herein.

In upholding the principles of equity and inclusion, Olin College supports the full integration and healthy development of its students and seeks to eliminate any stigma related to gender identity and expression.

Olin College is committed to fostering a climate where all identities are valued, contributing to a more vibrant and diverse community. Olin College will administratively address issues that some students and employees, including but not limited to those identifying as intersex, transgender, agender and, nonbinary, may confront as they navigate systems originally designed around the assumption that gender is binary. As our society’s understanding of gender evolves, so do Olin College’s processes and policies.

Misgendering or mispronouning is the intentional or unintentional use of pronouns or identifiers that are different from those used by an individual. Intentional misgendering is inconsistent with the type of community we hold ourselves out to be and may constitute a Policy violation if the effect is greater than de minimis harm.

Deadnaming, along with misgendering, can be very traumatic to a person who is transgender, transitioning, or nonbinary. Deadnaming means using someone’s birth-assigned (cisgender) name, rather than the name they have chosen. Intentional deadnaming may constitute a Policy violation if the effect is greater than de minimis harm.

This Policy should be interpreted consistent with the goals of maximizing the inclusion of intersex, transgender, transitioning, agender, and/or nonbinary students and employees, including:

• Maintaining the privacy of all individuals consistent with law
• Ensuring all students have equal access to educational programming, activities, and facilities, including restrooms and locker rooms, consistent with their gender identity
• Ensuring all employees have equal access to employment opportunities and work, service, or health-related facilities
• Providing professional development for employees and education for students on topics related to gender inclusion
• Encouraging all students and employees to respect the pronoun usage and identities of all members of the Olin College community

Olin College uses a number of interventions to address concerns that are raised related to gender-based harassment or discrimination, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. When conflicts arise between the right of members of the community to be free from gender-identity discrimination and those exercising their right to religious freedom, Olin College will try to balance rights and interests to find mutually agreeable outcomes or compromises. When that is not possible, Olin College will offer remedial solutions or enforce its Policies while also respecting the rights of all members of its community.

VII Mandatory Reporting and Confidential Employees

Mandatory Reporters

A Mandatory Reporter is any employee who is not a confidential employee and who either has authority to institute corrective measures on behalf of Olin College or has responsibility for administrative leadership, teaching or advising. Mandatory Reporters are expected to promptly report all known details of actual or suspected sex discrimination, sex-based harassment, retaliation, and/or other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions.  Supportive measures may be offered as the result of such disclosures without formal Olin College action.

Failure of a Mandatory Reporter, as described above in this section, to report an incident of sex discrimination, sex-based harassment, or retaliation of which they become aware is a violation of Olin College Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandatory Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy.

A Mandatory Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

Complainants may want to carefully consider whether they share personally identifiable details with Mandatory Reporters, as those details must be shared with the Title IX Office.

If a Complainant expects formal action in response to their allegations, reporting to any Mandatory Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass Notice to the Title IX Office (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

All other employees (including student employees) who are not confidential employees and not covered above, must provide the contact information of the Title IX Coordinator and information about how to make a Complaint of sex discrimination to any person who provides the employee with information about conduct that reasonably may constitute sex discrimination under this Policy.

 

Confidential Employees

The following sections describe Olin College’s confidential options for a Complainant or third party (including parents/guardians when appropriate). There are three categories of Confidential Employees:

1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and mental health counselors;

2) Those whom Olin College has specifically designated as Confidential Resources for purposes of providing support and resources to individuals affected by Prohibited Conduct; and

3) Those conducting human subjects research as part of a study approved by the College’s Institutional Review Board (IRB).  

For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

To enable Complainants to access support and resources without filing a Complaint, Olin College has designated specific employees as Confidential Resources. Those designated by Olin College as Confidential Resources are not required to report actual or suspected sex discrimination, sex-based harassment, or retaliation in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or Olin College official unless a Complainant has requested the information be shared.

If a student/employee/patient/client discloses information to a Confidential Employee acting within the scope of such role conduct that reasonably may constitute Prohibited Conduct, the Confidential Employee must and will explain the following to the student/employee patient/client:

• The employee’s status as confidential for purposes of this policy, and that they will not report information about conduct that reasonably may constitute Prohibited Conduct to the Title IX Coordinator without the individual’s permission;
• How to contact the Title IX Coordinator and how to make a complaint of sex discrimination;
• That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate a Resolution Process under this Policy;
• Reporting options and the effects of each option;
• Counseling services available on campus and through a local, community-based rape crisis center or domestic violence program;
• Medical and health services available on campus and off campus;
• The College’s disciplinary process;
• The legal process carried out through local law enforcement agencies;
• Provide notice of their rights;
• Provide notice of the institution’s responsibilities regarding a protection order, no contact order and any other lawful orders issued by the institution or by a criminal, civil or tribal court.

 

Confidential Employees will receive training on the awareness and prevention of sexual misconduct and in trauma-informed response, and will assist the reporting party with requested Supportive Measures including:

• Coordinating with any on-campus and off-campus sexual assault crisis service center or domestic violence program;
• If directed by the reporting party, contacting campus or local law enforcement;
• Contacting the appropriate College personnel to arrange College-based Supportive Measures as described in this Policy. Supportive Measures do not require a report to the Title IX Coordinator.

Confidential Employees may attend meetings and proceedings under this Policy as the advisor or support person of the student’s or employee’s choice.

A College Confidential Resource will not provide services to adverse parties in an incident of Prohibited Conduct and shall ensure confidentiality is maintained. Confidential Employees will not be required to report an incident to the College or a law enforcement agency unless otherwise required to do so by state or federal law.

Unless otherwise required by state or federal law, a Confidential Employee will not disclose confidential information without the prior written consent of the student/employee/patient/client who shared the information; provided, however, that nothing in this section shall limit a responding party’s right of cross examination of the Confidential Employee in a civil or criminal proceeding if the Confidential Employee testifies after being given written consent to do so by the party. A confidential communication shall not be subject to discovery and shall be inadmissible in a criminal or civil proceeding without the prior written consent of the party who shared the information.

Information provided to Confidential Employees shall not be released to a campus official or law enforcement officer or agency unless written consent has been given by the reporting party.

Confidential Employees will not act as a counselor or therapist unless they hold a valid and applicable license under Massachusetts law and the reporting party engages the confidential resource provider in that capacity. The privileges available under Massachusetts law shall apply to all information received by a confidential resource provider.

Employees who have confidentiality as described above, and who receive Notice within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act statistical reporting purposes unless they believe it would be harmful to the student, employee, client, patient, or parishioner.

Off-Campus Confidential Resources

In addition, Complainants may speak with individuals unaffiliated with Olin College without concern that their policies will require them to disclose information to the College without permission. Examples of outside confidential resources include but are not limited to:

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clergy/Chaplains

Attorneys

VII. Additional considerations

A. Privacy and Confidentiality: Treatment of Reported Information.

The College will not disclose the identity of a Complainant or a Respondent, except as necessary to carry out a disciplinary process or as permitted under state or federal law.

 

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 fall within the prohibitions of the Sexual and Interpersonal Misconduct Policy.

There are certain circumstances in which Olin has a broader obligation to the community and may not be able to abide by: a) an individual’s request for complete confidentiality or b) an individual’s request that Olin 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. Where the College has Notice of Prohibited Conduct but the Complainant is not requesting that the College initiate a resolution process, and/or in the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator will make a fact-specific determination regarding whether to initiate an investigative resolution process. To make this determination, the Title IX Coordinator will consider, at a minimum, the following factors: the Complainant’s request that the College not proceed with the initiation of a complaint; the Complainant’s reasonable safety concerns; the risk that additional acts of misconduct would occur if a complaint is not initiated; the severity of the alleged misconduct, including whether the misconduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the misconduct and prevent its recurrence; the age and relationship of the parties, including whether the respondent is an employee; the scope of the alleged misconduct, including information suggesting a pattern, ongoing misconduct, or misconduct alleged to have impacted multiple individuals; the availability of evidence to assist a decisionmaker in determining whether misconduct occurred; and whether the College could end the alleged misconduct and prevent its recurrence without initiating a complaint.

If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents the College from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate or continue an investigative resolution process as described below. The College will seek to respect the request of the Complainant and where it cannot do so, it will consult with the Complainant and keep the Complainant informed about the chosen course of action. In such situations, prior to initiating or continuing investigative resolution, the Title IX Coordinator will notify the Complainant and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures.

The College will not compel the Complainant to participate in an investigation where the Complainant has requested that the College not pursue the investigation. In all cases, the final decision on whether, how, and to what extent the College will maintain the Complainant’s confidentiality or conduct an investigation, and whether other measures will be taken in connection with a report of a violation of this policy, rests with the Title Coordinator. Note: If the Title IX Coordinator does initiate an investigation and a Complainant is known, the Coordinator will provide the Complainant all notices and opportunities to respond to evidence that are provided by the procedures outlined below, even if the Complainant is not actively involved, unless the Complainant requests specifically in writing that this not occur.

The College’s ability to investigate and pursue disciplinary action may be limited when the identity of the Respondent is unknown or when a Complainant requests that their identity not be revealed to the Respondent.

If the Title IX Coordinator does not initiate or continue investigative resolution, they will take other appropriate, prompt, and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual Complainant, if any, to ensure that the misconduct does not continue within the College’s education program or activity.

 

Disclosure of Sexual Misconduct at Public Awareness Events.

When a the Title IX Coordinator is notified of information about conduct that reasonably may constitute sex-based harassment as defined by this Policy that was provided by a person during a public event to raise awareness about sex-based harassment that was held on the College’s  campus or through an online platform sponsored by the College, the College will not act in response to the information, unless it indicates an imminent and serious threat to the health or safety of a Complainant, any students, employees, or other persons. However, in all cases the College will use this information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment in a particular part of its education program or activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment.

 

B. Reporting and Duty to Report Sexual and Interpersonal Misconduct, Information Provided by College Upon Receipt of Reports, and Retaliation

The College views reports of Prohibited Conduct as oral or written notification of that conduct, in circumstances where the Complainant or reporting party is not requesting that the College take specific action at that time in response to the report. Complaints, by contrast, are an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged Prohibited Conduct. Anyone who wishes to report that they or another Olin College community member has or may have experienced Prohibited Conduct as defined above should contact through the following means either:

 

Justin M. Bell, JD (he/him)Title IX Coordinator- Director of Non-discrimination Initiatives

Office: MH 323 Phone: 781-292-2408 email: jbell@olin.edu,

 

Guilene Prepetit (she/her)Deputy Title IX Coordinator & Associate Director of Talent and Engagement-  Office: CC 332 Phone: 781.292.2411 email: gprepetit@olin.edu  or

 

Olin College Department of Public Safety- Phone: 781-239-5555 email: publicsafety@olin.edu

Reports of Prohibited Conduct should be made to the Title IX Coordinator and/or Public Safety regardless of where the conduct occurred (e.g., off-campus or on-campus). The Title IX Coordinator and/or Public Safety will provide information to the individual who reportedly experienced the Prohibited Conduct on where to receive immediate emergency assistance following an incident of Prohibited Conduct, which shall include, but not be limited to:

• information related to preserving evidence and contact information for seeking medical treatment on campus, if available, and off campus;
• descriptions of the types of counseling and health, safety, academic and other support services available from the College within the local community or region or through a local community-based rape crisis center or domestic violence program, including contact information;
• information on the rights of students and employees to:

(A) notify or decline to notify law enforcement, including Olin College, local and/or state police, of an alleged incident of Prohibited Conduct;

(B) receive assistance from College authorities in making any such notification;

(C) obtain a court-issued protective order or a College-issued no-contact order against an alleged perpetrator of the sexual misconduct; and

(D) concurrently utilize the College’s process for investigating sexual misconduct complaints and any external civil or criminal processes available to the student or employee;

• College-based supportive measures reasonably available from the College, which shall include, but not be limited to, options for changing academic, living, campus transportation or working arrangements in response to an alleged incident of Prohibited Conduct, regardless of where the conduct occurred or whether such conduct occurred outside of the College’s programs or activities, and regardless of whether a complaint is filed in accordance with the College’s policy for resolving complaints, how to request such measures and the process to have any such measures reviewed; and

• Procedures for students or employees to notify the institution that a protective order has been issued under state or federal law and the institution’s responsibilities upon receipt of such notice; College will work in good faith to implement the requirements of judicially-issued protective orders and similar orders, to the extent that doing so is within its authority.

All College employees who have not been specifically designated as Confidential Employees as described above are Mandatory Reporters who are obligated by College policy to disclose information about conduct that reasonably may constitute Prohibited Conduct to the Title IX Coordinator.

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 reported 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.

Confidential Employees as described above are not obligated to report identifying information about behavior that may implicate this Policy without the consent of the individual who supplied the information in question, and may otherwise keep information confidential as permitted and/or required by law. However, these confidential resources are instructed to inform individuals of their rights to file a complaint under this Policy and may assist in that process. Confidential resources may, 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. Amnesty

In order to encourage students to report Prohibited Conduct without fear that an investigation could reveal their violation of College alcohol and drug-related policies, students will be provided with amnesty in connection with reporting Prohibited Conduct, which means a reprieve from disciplinary action for their own personal consumption of drugs or alcohol ancillary to a report or complaint of Prohibited Conduct. Students who report Prohibited Conduct, either as a Complainant or a witness, will not be subject to disciplinary action by the College for their violation of the College’s student conduct rules. The College may decide not to grant amnesty when a report or complaint of Prohibited Conduct is not made in good faith or the violation was egregious. An egregious violation shall include, but not be limited to, taking an action that places the health and safety of another person at risk.

IX Initial Assessments of Reports or Complaints of Sexual or Interpersonal Misconduct

When a report of Prohibited Conduct is made to the College, the College will treat both Complainants and Respondents equitably by offering supportive measures to the Complainant and Respondent (if known) as appropriate, and by following the formal or informal processes outlined below before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a Respondent.

Upon receiving a report of conduct that could fall under this Policy, the Title IX Coordinator will assess the need to take any immediate action to address the safety and health needs of the Complainant¹ and the Olin community. The initial assessment is a preliminary action to determine the need for any supportive measures; it is not part of an investigation conducted after receipt of a report or complaint.

This initial assessment process includes, but is not limited to, the following:

A. Meeting with the Complainant

The Title IX Coordinator will promptly meet with the Complainant. If appropriate in the circumstances, i.e., if the Complainant wishes to file a complaint through procedures outlined below, the Title IX Coordinator will share information regarding the following, as relevant and appropriate:

• Encourage the Complainant to discuss the nature and circumstances of the reported conduct, and review relevant documentation that is available;
• Inform the Complainant of the right to report or the right to decline to report the matter to Public Safety and/or local law enforcement. A report to Public Safety or local law enforcement will not change Olin’s obligation to potentially investigate the matter if a complaint is eventually filed with the College, but it may briefly delay the timing of an investigation if a law enforcement agency requests that the College delay its process for a reasonable amount of time to allow it to gather evidence of criminal conduct;
• Explain the process for filing a complaint with the Title IX Coordinator;
• Discuss the availability of supportive measures , regardless of whether a complaint is filed; if supportive measures are requested but not provided to a Complainant, the Title IX Coordinator will document why they were not provided;
• Discuss protection from, and reporting of, incidents of retaliation;
• Provide written notification of the counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available both within the College and in the community; and
• Discuss the importance of preserving relevant evidence or documentation (e.g., texts, emails, notes, photographs, etc.) as appropriate to either party.

If the Complainant indicates that they do not want to participate in a resolution process and/or do not want the College to initiate a resolution process, the Title IX Coordinator will assess whether or not it can respect the Complainant’s preferences by analyzing the factors discussed above.

 

B. Dismissals

The College may dismiss a complaint if:

• The College is unable to identify the Respondent after taking reasonable steps to do so;
• The Respondent is not participating in the College’s education program or activity and is not employed by College;
• The College receives the Complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and the College determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute Prohibited Conduct even if proven; or
• the College determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct. Before dismissing the complaint, the College will make reasonable efforts to clarify the allegations with the Complainant.

Upon dismissal, The College will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the College will notify the parties simultaneously in writing.

The College will notify the Complainant that a dismissal may be appealed on the bases outlined in the Appeals section below. If dismissal occurs after the Respondent has been notified of the allegations, then the College will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the College will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, the College will, at a minimum:

• Offer supportive measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that Prohibited Conduct does not continue or recur within the College’s education program or activity.

The College strives to complete the initial assessment process within 20 days of when it received the report or complaint, unless extenuating circumstances require extending this time period for good cause shown.

X Initiating a Complaint With the College

A. Period of Limitations

There is no window of time after an incident of Prohibited Conduct has occurred in which to file a complaint with the College. The College, however, strongly encourages early filing of a complaint in order to preserve evidence for a potential legal or College grievance proceeding. Delays in making a complaint, while permitted, may limit the College’s ability to investigate and respond effectively, given the passage of time.

 

B. Notice of Allegation(s) to the Parties

When the Title IX Coordinator decides that a resolution process under this Policy will be initiated, the Title IX Coordinator will provide the following written notice to the parties who are known:

• Notice of the applicable College grievance process, including information regarding the College’s informal resolution process (if available); the College will also provide the parties with a link to this full Policy.
• Notice of the allegations potentially constituting Prohibited Conduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

• The identities of the parties involved in the incident, if known;
• The conduct allegedly constituting Prohibited Conduct, which will include a specific statement of which policies were allegedly violated and by what actions; and
• The date, time and location of the alleged incident, if known.

• A statement that retaliation is prohibited.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the applicable grievance process.
• A statement informing the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, during the grievance process, and that they will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker.
• A statement that they are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence.
• A statement informing the parties that knowingly making false statements or knowingly submitting false information during the grievance process is prohibited and subject to appropriate disciplinary action.

If, in the course of an investigation, the College decides to investigate allegations that are not included in the notice provided above, the Title IX Coordinator will provide notice of the additional allegations to the parties whose identities are known.

 

C. Consolidation of Complaints

The Title IX Coordinator may consolidate complaints as to allegations of Prohibited Conduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of Prohibited Conduct arise out of the same facts or circumstances.

 

D. Emergency Removal Procedures

In cases that involve allegations of conduct that would, if proved, constitute Prohibited Conduct as defined above, the Title IX Coordinator or Deputy Coordinator may remove a student or employee from the College’s education program or activity on an emergency basis, provided that the Coordinator (or designee):

1. Undertakes an individualized safety and risk analysis;
2. Determines that an imminent and serious threat to the health or safety of any student, employee, or other individual arising from the allegations of Prohibited Conduct justifies removal; and
3. Provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

This provision will not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

An emergency removal does not replace the regular grievance hearing process in Prohibited Conduct cases, which will proceed on the normal schedule, up to and through a hearing, if required.

 

E. How to Challenge an Emergency Removal Decision

Challenges are resolved by the Dean of Student Affairs. A challenge must be submitted in writing by the Respondent within five (5) business days after the receipt of the Title IX Coordinator’s or Deputy Title IX Coordinator’s emergency removal decision.

The challenge statement must specify the grounds for the challenge and include any evidence in support of the grounds.

During the challenge, the emergency removal decision will remain in place. A written response to the appeal will be provided by the Dean of Student Affairs to the Respondent by mail and email (if both addresses are known). The outcome of the challenge decision is final.

 

F. Administrative Leave

In cases that involve allegations of Prohibited Conduct as defined above, the College may place an employee Respondent (including a student employee Respondent, with regard to their employment duties) on paid or unpaid administrative leave during the pendency of a resolution process, at the College’s discretion. This provision will not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

XI Supportive Measures

Olin College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged sex discrimination, sex-based harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the parties, to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties and/or the College’s educational environment and/or to deter sex discrimination, sex-based harassment, and/or retaliation.

The Title IX Office promptly makes supportive measures available to the parties upon receiving a report or a complaint. At the time that supportive measures are offered, if a complaint has not been made, the Olin College will inform the Complainant, in writing, that they may file a complaint with the College either at that time or in the future. The Title IX Office will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation assistance
• Implementing contact restrictions (no contact orders) between the Parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and
• Any other actions deemed appropriate by the Title IX Coordinator

 

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint under this Policy.

 

The Parties are provided with a timely opportunity to seek modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Office. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures stated above. The College will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change. The College typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Office. 

XII Resolution Process

Any timeframe or deadline established by this Policy, the Title IX Coordinator, or another individual working on a matter on behalf of the College may be extended for good cause shown. The College has established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice of any extension to the parties that includes the reason for the delay:

• A party who wishes to request an extension of any deadline established by this process, should make that request via email to the person who established the deadline.
• The person who established the deadline will inform the requesting party promptly regarding whether the requested extension will be granted, modified, or denied.
• The person who established the deadline may in their discretion determine it necessary to allow the non-requesting party an opportunity to respond to the request prior to making a determination on the request.
• When an extension is granted in whole or in part, the non-requesting party will be notified and will receive a corresponding extension for the other party’s compliance with any similar deadline, as applicable.

The College may also extend timeframes for major stages of the procedures at its own discretion as necessary, and if it does so it will inform the parties of that and summarize the reason for the extension.

A. Optional Informal Resolution Procedures

All parties and the Title IX Coordinator must agree to informal resolution for this option to be used. The Title IX Coordinator will assess the request for an informal resolution against the severity of the alleged violation and the potential risks to Olin community members. The Title IX Coordinator may decide that informal resolution is not appropriate at their discretion, including, for example, in cases where they determine that the alleged conduct would present a future risk of harm to others. If the Title IX Coordinator determines that an informal resolution is appropriate, the Title IX Coordinator will notify the Parties in writing that participation is strictly voluntary and is not offered as a condition of enrollment/continuing enrollment, employment/continuing employment, or a waiver of the right to a formal investigation. Moreover, the written notification will describe the requirements of the informal resolution process, will inform the parties that their agreement to resolve the matter through informal resolution will preclude them from initiating or resuming formal grievance procedures arising from the same allegations, will describe the potential terms that could be included in an informal resolution agreement and that an informal resolution agreement would be binding only upon the parties, will inform the parties of what information will be maintained and that the College will not disclose communications made by parties within and exclusively for purposes of the informal resolution process in any subsequent formal process involving the same allegations, and will state that the parties have the right to withdraw from the informal resolution process at any time and resume the grievance process with respect to the complaint. The notice will also state that the parties have the right to be accompanied by an advisor of their choice throughout the informal resolution process.

If, after receiving written notification of the above rights, the parties both voluntarily consent in writing to pursue informal resolution, the Title IX Coordinator will assign a trained administrator or third-party external to the College to facilitate the informal resolution process.

The allegation will be deemed resolved when the parties expressly agree in writing to a resolution that is acceptable to them, and which is deemed acceptable and approved by the Title IX Coordinator in consultation with other appropriate College administrators.  If, however, informal resolution efforts are unsuccessful, the investigation and/or grievance process will continue.

A party may withdraw from the informal resolution process at any time before the parties agree to a resolution in writing. The Title IX Coordinator may also reinitiate an investigation at any time they deem appropriate.

An informal resolution process may include the following four options:

1. Supportive Resolution. When the Title IX Office can resolve the matter informally by providing supportive measures (only) to remedy the situation.
2. Educational Conversation. When the Title IX Office can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations. (The Complainant can be involved in this conversation if they wish.)
3. Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and Olin College are agreeable to the resolution.
4. Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism, such as shuttle negotiation, restorative practices, facilitated dialogue, etc.

The College will strive to complete an informal resolution process within 30 days of when the notice described above was provided to the parties, unless extenuating circumstances require an extension of that timeframe. If there is a need to extend that timeframe, the College will provide notice to the parties of the extension and the reason for the extension.

 

B. Formal Resolution Procedures

Investigation

When a Formal Complaint is made by or against a community member and contains allegations potentially constituting a violation of this Policy, unless informal resolution is in process, the College will designate a trained investigator or investigators (“investigator”) to conduct an investigation. Any investigator must be impartial and free of any conflict of interest, and will receive not less than annual training on issues relating to Prohibited Conduct, investigatory procedures and hearing procedures to protect the safety and rights of students and employees and promote accountability. A party may raise an objection to the appointment of any investigator on the basis that such investigator is not impartial or has a conflict of interest. Such an objection must be made in writing, specify the basis for the objection, and be submitted to the Title IX Coordinator or designee within three (3) calendar days of the party being informed of the name of the investigator. If the investigator is the Title IX Coordinator, the appeal may be made to the Deputy Title IX Coordinator or designee. The Title IX Coordinator, Deputy Title IX Coordinator, or designee will make the final non-appealable determination on an investigator’s ability to serve.

The Title IX Coordinator or designee may consolidate complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other, where the allegations arise out of the same facts or circumstances.

During the pendency of any resolution process, a Complainant and Respondent may each have their Advisor present at any meeting or proceeding related to the resolution process.

After a notice of allegations has been provided to the parties, the investigator will conduct the investigation. The parties will have an equal opportunity to be heard, to submit information and evidence (both inculpatory and exculpatory), and to identify witnesses who may have relevant information.

The investigation is a neutral fact-gathering process. The Respondent is presumed to be not responsible; this presumption may be overcome only where a determination has been made that there is sufficient evidence, by a preponderance of the evidence standard (which means “more likely than not”), to support a finding that the Respondent violated the policy.

The burden of proof and the burden of gathering evidence rests on the College and not on the parties.

Review of Evidence and Investigation Report

Upon conclusion of the investigation, the investigator will provide to each party and the party’s Advisor(s), if any, the relevant evidence obtained through the investigation. Any evidence the investigator deems irrelevant, along with impermissible evidence, will be removed and not provided to the parties. Depending upon the circumstances, this will typically occur within sixty (60) calendar days after a complaint is received by the Title IX Coordinator. The parties and their Advisors will be able to view the relevant evidence, but are prohibited from downloading, printing, or in any way copying or sharing the documents and evidence, and must adhere to legal and College privacy and confidentiality requirements, including but not limited to the confidentiality requirements in this Policy.

Unless the investigator specifies a different timeframe (due to for example, the complexity of the matter, volume of evidence, or time of year/academic calendar), the parties will have ten (10) calendar days from the date the evidence is made available to them to submit a written response, if desired. Any written responses, or portions thereof, to the evidence may be shared with the other party.

The investigator will consider all written responses received and conduct any appropriate further investigation in response, at the sole discretion of the investigator.

Depending upon the circumstances, the investigator typically will submit the evidence to the decision maker within five (5) calendar days of receiving any responses to the evidence, unless the investigator is also the decision maker. The Title IX Coordinator or designee will provide a notice of hearing to the parties.

Hearing

The Title IX or Deputy Title IX Coordinator or External Consultant as Hearing Officer

The Title IX or Deputy Title IX Coordinator, External Consultant, and/or investigator(s) will serve as the hearing officer (“hearing officer”). The Parties will be notified of the selection of the hearing officer before the Hearing and can object to the appointment of any hearing officer by providing articulable grounds of suspected bias, conflict of interest, an inability to be fair and impartial, or an inability to make an objective determination. This objection should be directed to the Title IX Coordinator or designee who will make the final determination on a hearing officer(s) ability to serve.

Decision regarding hearing

The Title IX Coordinator or designee will determine whether a hearing will be conducted or whether a decision will be made on the written record. This decision will be based on whether questioning of a party or witness is necessary because, for example, credibility is both in dispute and relevant to evaluating one or more allegations of Prohibited Conduct. If credibility is in dispute and relevant, a hearing will be held.

Request to Have Witnesses Present at Hearing

If a hearing is being held, at least three (3) business days before the hearing, the parties shall submit a list to the Title IX Coordinator or designee requesting the presence of any witness(es) that they would like to question at the hearing.

No party will be permitted to call as a witness at a hearing any witness that the investigator(s) did not interview as part of the investigation.

 

Hearing Procedures

All hearings are closed to the public and are private to protect the privacy interests of all involved. Hearings will be audio or video recorded, however, the hearing officer's deliberations will not be recorded. Neither the parties, nor any witnesses, Advisors, or other participants will be permitted to make any audio or video recordings.

Hearings will be live and may be conducted with all parties physically present in the same geographic location, or, upon request of either party, all parties will appear at the hearing virtually with technology enabling the parties to simultaneously see and hear each other. Witnesses appearing live may be physically present at the hearing or may appear virtually with technology enabling all parties and the witness to simultaneously see and hear each other.

The hearing officer will review the relevant evidence prior to the hearing and will have access to these materials during the hearing. During the hearing, the hearing officer may question the Complainant, Respondent, any witnesses, and/or the investigator to elicit relevant and permissible information.

Both parties have the option to provide an opening and closing statement. The parties cannot orally pose questions directly to each other or to witnesses, but may submit written questions to the hearing officer(s) to ask on their behalf. The hearing officer will not ask questions that are not relevant or are otherwise impermissible. If the hearing officer determines that a question is not relevant or is otherwise impermissible or relevant, they will explain the decision to exclude a question. A hearing officer may also exclude questions that are unclear and harassing. If that occurs, the hearing officer will provide the party with an opportunity to revise or clarify the question, and if the party does so, the hearing officer will ask the question.

The parties have the right to be present during the hearing. Neither parties nor witnesses are required to attend a hearing or answer questions. If either party or a witness is not in attendance, the hearing may still proceed, findings may still be made, and sanctions may still be imposed. The hearing officer may choose to place less or no weight on statements by a party or witness who refuses to respond to questions deemed relevant and not otherwise impermissible. However, the hearing officer cannot base their decision solely on a party or witness’s absence from the hearing or refusal to answer questions.

Parties are expected to produce relevant information during the investigation and review process. If new, relevant information is presented for the first time at the hearing, the hearing officer shall determine how to proceed in her, his, or their sole discretion.

The hearing officer will objectively evaluate all relevant evidence and will not make credibility determinations based on a person’s status as a Complainant, Respondent, or witness. After evaluating the evidence, the hearing officer will deliberate and make a finding by a preponderance of the evidence as to whether the Respondent is responsible for conduct in violation of this Policy.  If there is more than one hearing officer, a majority is needed for a finding. The parties will be provided simultaneously with notice of the determination not later than 7 business days after the determination is made, and notice of the opportunity to appeal the determination under procedures detailed below.

Imposition of Sanctions and Remedies

If the Respondent is found "Responsible,” the Title IX Coordinator or Deputy Title IX Coordinator or designee will determine what sanction is appropriate and whether remedies are necessary to restore or preserve the Complainant’s equal access to one or more of the College’s education programs or activities.

The Complainant and Respondent, and other affected parties, as appropriate, will each have the opportunity to present a statement about the impact of the violation and/or requested sanctions. The statements will be reviewed only if there has been a finding that the Respondent is responsible for one or more violations of this policy.

The Title IX Coordinator or Deputy Title IX Coordinator or designee shall determine the appropriate sanction (or combination of sanctions). In addition to sanctions, remedies may also be available to the Complainant at any time after a finding of responsibility against the Respondent. The Title IX Coordinator or Deputy Title IX Coordinator or designee, in consultation with others as necessary, will determine any appropriate additional remedies. In the absence of a finding of responsibility, supportive measures may remain available to all parties.

Types of sanctions:

1. Employees. Sanctions imposed with respect to respondents who are employees may include, but are not limited to, one or more of the following: dismissal from employment, non-renewal of an employment contract, suspension, probation, reprimand, warning, issuance of a no-contact order, training and/or counseling.
2. Students. Sanctions may include, but are not limited to, one or more of the following: expulsion, suspension, probation, reprimand, warning, restitution, education/counseling, issuance of a no- contact order, restriction from extracurricular programs or activities, loss of leadership opportunity or positions in activities, housing restriction/relocation, and/or loss or restriction from College employment.
3. Considerations. In determining an appropriate sanction, the Hearing Officer may take into account the following:

1. The nature and circumstances of the harassment.
2. The impact of the harassment on the complainant.
3. The impact of the harassment on the College community.
4. The disciplinary history of the respondent.
5. Any other mitigating or aggravating circumstances.

 

Additional Remedies. The Title IX Coordinator may also identify additional remedies to address the effects of the conduct on the impacted party. Remedies may include extending or making permanent any supportive measures. If a complainant declined or did not take advantage of a specific supportive measure or resource previously offered, Olin may re-offer the supportive measure, as applicable or necessary. The Title IX Coordinator may also consider broader remedial action for the campus community, such as increased supervision or monitoring, targeted or increased education and prevention efforts, and review of policies and procedures. In addition, if any matter raised, but not addressed hereunder, potentially violates any other Olin policy, rule, or procedure, the Title IX Coordinator may refer the matter raised to the appropriate officials, irrespective of the finding under this Policy.

 

Notice of Determination

Depending upon the circumstances, but generally within five (5) calendar days of the hearing, the hearing officer will simultaneously provide to the parties a copy of the written notice of determination.

The written notice may note whether remedies will be provided to the Complainant, but the specific remedies will not be shared with the Respondent unless needed to be disclosed to effectively implement the remedy.

The College strives to complete the investigation and hearing process within _120_ days of when the notice of investigation is sent, absent extenuating circumstances. If there is a need to extend that timeframe, the College will provide notice to the parties of the extension and the reason for the extension.

C. Appeal

Either party may appeal a dismissal or a determination regarding responsibility within ten (10) calendar days after the written notice of the decision is sent to them. If a Complainant appeals a dismissal and the Respondent was not previously notified of the allegations, the Title IX Coordinator will send a notice of the allegations to the Respondent and inform the Respondent that they have a right to appeal the dismissal as well. During the ten (10) calendar day period between the written notice of a determination and the appeal deadline, the recording of the hearing will be made available to the parties and the parties’ Advisor(s) for inspection and review subject to the privacy and confidentiality requirements of the College, the law, and this Policy. Appeals must be submitted to the Title IX Coordinator or Deputy Title IX Coordinator or designee in writing and must specify in detail the basis for the appeal.

Either party can appeal on the following bases: (1) procedural irregularity that would change the outcome; (2) new evidence that was not reasonably available at the time the determination was made that would change the outcome (the timeframe for filing an appeal based on newly discovered information may be extended at the discretion of the Title IX Coordinator or designee where the evidence could not reasonably have been discovered within the timeframe and a compelling justification exists for its consideration); (3) the Title IX Coordinator, decision-maker(s), or investigator(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

Upon receipt of an appeal, an appellate officer who was not the hearing officer for the matter will be appointed to review the matter. The appellate officer can be the Title IX Coordinator or Deputy Title IX Coordinator, or designee.

The parties will be notified of the appeal and offered the opportunity to submit a written statement in support of or against the appeal, which appeal shall be due within ten (10) calendar days.

The appellate officer will review the parties’ written request(s) for appeal, the parties’ written statement(s) in support of or against the appeal(s) (if any), the written record, and any other documents or evidence (including any recording) that the appellate officer deems relevant. The appellate officer will defer to decisions of the hearing officer(s) unless one or more of the appeal bases are satisfied.

The appellate officer may affirm the decision or remand the case to the original hearing officer(s), or a new hearing officer(s) if the appellate officer finds that doing so is necessary, or if the appeal was granted due to a conflict of interest or bias of one or more of the original hearing officer(s).

The appellate officer will draft a written notice of the appeal decision and provide it simultaneously to both parties.

XIII Definitions

Advisor: A person chosen by a party, who may but need not be an attorney, who provides support and advice to a Party during any stage of the process set forth in this Policy. Any person serving as a Party’s Advisor is prohibited from publicly disclosing private information learned during this process, including information protected under the Family Educational Rights and Privacy Act (“FERPA”) or other state or federal laws. Parties and Advisors are expected to maintain the privacy and respect the privacy concerns of all parties and witnesses to the greatest extent possible. If any Advisor is concerned about violating this assurance of privacy to gather evidence, they should raise such concerns with the Title IX Coordinator immediately so that it can be appropriately addressed to protect the sensitivity of the information without limiting the ability of either party to find and present relevant evidence.

 

Complainant:

• A student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct;

• A person other than a student or employee who is alleged to have been subjected to Prohibited Conduct and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Prohibited Conduct; or
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant.

 

Complaint: an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged Prohibited Conduct.

 

Consent and Sexual Coercion: Consent is the affirmative and willing agreement to engage in a specific form of sexual contact with another person who is capable of giving consent. Consent cannot be obtained through: (a) the use of coercion, or (b) by taking advantage of the incapacitation or impairment of another individual, including someone who is underage, unconscious, asleep, incapacitated, or impaired by intoxication or drugs. Consent requires an outward demonstration, through mutually understandable words or actions, indicating that an individual has chosen freely to engage in a sexual contact.

Sexual Coercion is defined for purposes of this section as the application of unreasonable pressure to take part in sexual activity or in any of the Prohibited Conduct listed in Olin’s Sexual and Interpersonal Misconduct Policy. Unreasonable pressure can be exerted through physical or emotional force, intimidation, misuse of authority, or outright threats. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point may be considered coercive. Ignoring or dismissing the objections of another person may also be a form of coercion.

Silence, passivity, or the absence of resistance does not imply consent. Relying solely on non-verbal communication may result in confusion about whether there is effective consent. It is important not to make assumptions. If confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and verbally clarifies the other’s willingness to continue.

Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease. Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact. An essential element of consent is that it be freely given.

In evaluating whether consent was given, consideration will be given to the totality of the facts and circumstances including, but not limited to, the extent to which an individual affirmatively uses words or actions indicating a willingness to engage in sexual contact, free from intimidation, fear, or coercion; whether a reasonable person in the position of the individual alleged to have committed the conduct would have understood such person’s words and acts as an expression of consent; and whether there are any circumstances, known or reasonably apparent to the individual alleged to have committed the conduct, demonstrating incapacitation or fear.

Incapacitation: the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically helpless due to drug or alcohol consumption, taken either voluntarily or involuntarily, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if they demonstrate that they are unaware of where they are, how they arrived at a location, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication.

 

Prohibited Conduct: conduct defined in detail above as the conduct prohibited by this Policy.

 

Relevant: related to the allegations of Prohibited Conduct under investigation as part of procedures described below. Questions are relevant when they seek evidence that may aid in showing whether alleged Prohibited Conduct occurred, and evidence is relevant when it may aid a decision-maker in determining whether alleged Prohibited Conduct occurred.

XIV Recordkeeping

All records related to complaint resolution will be maintained for seven (7) years by the Title IX Coordinator, including:

• For each complaint of Prohibited Conduct, records documenting any informal resolution process or formal resolution process, and the resulting outcome;
• For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute Prohibited Conduct, records documenting the actions the College took in response; and
• All materials used to provide training regarding issues related to Prohibited Conduct. The College will provide an on-campus, in-person opportunity for members of the public to review such materials upon request, in the presence of a College official.

An audio-recording or transcript of a hearing and any documents or other evidence presented at a hearing will serve as the record of the hearing proceedings and will be maintained by the Title IX Coordinator, as part of the Respondent’s conduct record, if found responsible, for as long as the conduct record is maintained.

XV. Training Prevention Awareness Programs

The College provides training to students and employees to ensure they understand this Policy and the topics and issues related to maintaining an education and employment environment free from Prohibited Conduct.

• The College will provide to all employees training on:
• The College’s obligation to address Prohibited Conduct in its education program or activity;
• The scope of conduct that constitutes Prohibited Conduct, including the definition of sex-based harassment; and
• All applicable notification and information requirements.

• The College will, in addition to the training provided to all other employees, provide to investigators, decision-makers, appellate officers and other persons who are responsible for implementing resolution procedures described in this Policy or have the authority to modify or terminate supportive measures training on the following topics to the extent related to their responsibilities:
• The College’s obligations to respond to Prohibited Conduct, as required by federal regulations;
• The resolution process described in this Policy;
• How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
• The meaning and application of the term ‘‘relevant’’ in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance as described above; and
• Training, annually, on issues relating to Prohibited Conduct, investigatory procedures and any applicable hearing procedures to protect the safety and rights of students and employees and promote accountability, which will include:
• information on working with and interviewing persons subjected to Prohibited Conduct;
• information on particular types of conduct that constitute Prohibited Conduct;
• information on consent and the role drugs and alcohol may play in an individual’s ability to consent;
• the effects of trauma, including any neurobiological impact on an individual;
• cultural competence training regarding how Prohibited Conduct may impact individuals differently depending on factors that contribute to an individual’s cultural background, including, but not limited to, national origin, sex, ethnicity, religion, gender identity, gender expression and sexual orientation;
• ways to communicate sensitively and compassionately with a reporting party of Prohibited Conduct including, but not limited to, an awareness of responding to a reporting Party with consideration of that Party’s cultural background and providing services to or assisting in locating services for the reporting Party;
• training and information regarding how Prohibited Conduct may impact individuals with developmental or intellectual disabilities; and
• training on the principles of due process necessary to ensure that proceedings are conducted impartially in a manner that is fundamentally fair to all Parties.

• The College will, in addition to the training provided to all other employees, provide to facilitators of the College’s informal resolution process training on the rules and practices associated with that process and on how to serve impartially, including by avoiding conflicts of interest and bias.

• The College will ensure the Title IX Coordinator and designees receive training on their specific responsibilities in those roles as defined by federal regulations, The College’s obligations to prevent discrimination and ensure equal access based on pregnancy and related conditions, respond to Prohibited Conduct and provide supportive measures as required by federal regulations, keep records as required by federal regulations, and any other training necessary to coordinate the College’s compliance with Title IX.

• The College will provide training to its Title IX Coordinator and its campus safety personnel regarding the awareness and prevention of sexual misconduct.

The College is committed to the prevention of Prohibited Conduct through regular and ongoing education and awareness programs. Incoming students and new employees receive primary prevention and awareness programming as part of their orientation, and returning students and current employees receive ongoing training and related education.