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:

“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.”
“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.”
“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.”
“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.