Sexual and Interpersonal Misconduct and Title IX

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.

II. Commitment to Non-Discrimination

Sexual misconduct is a form of sex discrimination that deprives a person of equal treatment. It is prohibited by Title IX, a federal law that states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Sexual harassment is also prohibited under Title VII of the Civil Rights Act, Massachusetts General Laws Chapter 151B, Massachusetts Fair Education Practices Act, Massachusetts General Laws 151 C, Section 2(g), and other applicable state and federal statutes.

Olin rejects and condemns all forms of harassment, discrimination, retaliation and disrespect, and is committed to sustaining a welcoming environment for every individual. It is the policy of Olin to adhere to all applicable state and federal laws prohibiting discrimination. Olin does not discriminate in admission to, access to, treatment in or employment in its programs and activities on the basis of a person’s race, religion, color, national origin, age, marital or parental status, veteran status, sex, disability, genetic information, sexual orientation, gender identity or any other legally protected status.

The following individual has been designated by Olin to respond to general inquiries regarding the College’s non-discrimination policies:

Justin M. Bell, JD (he/him)
Director of Non-discrimination Initiatives - Title IX and Section 504 Coordinator
jbell@olin.edu
781.292.2408; Milas Hall 323

III. How Olin will address sexual misconduct

Olin’s commitment to non-discrimination includes an assertion that the College will not tolerate discrimination or harassment on the basis of sex, gender identity, and/or sexual orientation including, but not limited to sexual violence, dating and domestic violence, stalking, or retaliation in its community. The College follows through on that commitment, in part, through the implementation of a Sexual Misconduct Policy that defines prohibited conduct and the process by which the College will address such conduct in different circumstances. Olin College’s Sexual and Interpersonal Misconduct Policy is composed of several components:

• Definitions of Prohibited Sexual and Interpersonal Conduct Covered by Title IX
• Definitions of Prohibited Sexual and Interpersonal Conduct Not Covered by Title IX
• The College's Response to Reports of Sexual and Interpersonal Misconduct
• Process for Resolving Formal Complaints Covered by Title IX
• Process for Resolving Complaints of Sexual and Interpersonal Misconduct Not Covered by Title IX

The Sexual and Interpersonal Misconduct Policy applies to all Olin community members, and all members of the College community are responsible for being familiar with and abiding by the Sexual Misconduct Policy at all times.

Olin will also provide relevant resources for the community on the Sexual Misconduct and Title IX webpage available on the Olin College website. While separate from the Policy, these additional resources are part of the College’s ongoing efforts to ensure an environment free of discrimination on the basis of sex.

IV. Role of the Title IX Coordinator

The Title IX Coordinator is responsible for coordinating Olin programs to comply with Title IX. 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 formal complaint, which will trigger the investigation and resolution/sanction 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 for any role 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, 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 is:

Justin M. Bell, JD (he/him)
Director of Non-discrimination Initiatives - Title IX and Section 504 Coordinator
jbell@olin.edu
781.292.2408; Milas Hall 323

V. Role of the Confidential Resource Provider

 

The Confidential Resource Provider maintains all information as confidential unless otherwise required by state or federal law.

 

The College’s Confidential Resource Providers are:

 

Frances J. Mantak, MPH (she/her)
Director of Wellness
fmantak@olin.edu
781.292.2329  
Jon Adler, PhD (he/him)
Professor of Psychology
jadler@olin.edu
781.292.2583  

VI. Olin resources and other community resources

There are several offices and resources within the Olin community that can be called upon to respond to incidents of behavior that could be subject to the Sexual Misconduct Policy and can serve as supports to individuals in many different ways. These resources are available to both Reporting and Responding Parties.

A. Confidential Medical and Counseling Resources

Some Olin resources designated as “confidential resources” have the ability to maintain legally-protected confidentiality with the individual who shared the information. These individuals serve in professional roles in which communications are provided confidential status under the law (e.g., licensed mental health care providers, licensed medical providers, pastoral counselors and clergy) and may not report identifying information about behavior that may implicate the Sexual and Interpersonal Misconduct Policy without the expressed permission of the individual who supplied the information in question or otherwise in compliance with law. However, these confidential resources are instructed to inform individuals of their right to file a complaint under the Sexual and Interpersonal Misconduct Policy and/or with the police and may assist in that process. 

Below is a list of some available confidential resources for community members at Olin:

Babson/Olin Health Services (students only)

Phone: 781.239.6363 - Fax: 781.239.5069

Babson College - Babson Park, MA 02457

Academic Year: Monday-Friday 9am-5pm

Urgent Care hours: Monday-Thursday 5pm-7pm

Semester Breaks: Monday-Friday 9am-5pm

Summer: Monday-Friday 8:30am-4:30pm

Services: Health services, physical exams, and testing for sexually transmitted infections (STI’s) and pregnancy. 

Behavioral Health Services (students only)
Students may seek support seeking individual counseling through Mental Health Services. Information can be found at https://www.olin.edu/student-life/health-wellness. 

Beth Israel Deaconess Medical Center

Phone: 617.677.7000 - Emergency: 781.453.5400

148 Chestnut Street - Needham, MA 02492

Services: Mental health, counseling, and adult medicine.

Employee Assistance Program (employees only)
Call: 800.311.4327
TDD: 800.697.0353
Online: guidanceresources.com

Services: Collaborate with employees to resolve personal and/or job related concerns that may adversely impact health, well-being, social functioning and productivity issues in the workplace. Topics of support include: Balancing work and family, mental health, alcohol and drugs, recovery management, diversity, domestic violence, job related, and financial. 

Additional Services: Confidential counseling, legal consultation, health and wellness resources, family and caregiving referrals, and convenience services.

B. Non-Confidential Olin Reporting Options and Resources

To report a violation, file a formal complaint, or seek information about the process under the Sexual and Interpersonal Misconduct Policy, please contact the Title IX Coordinator (See contact information in Section IV above).

Olin recognizes that an individual may feel most comfortable discussing incidents, situations, and/or allegations with Olin employees whom the individual knows well. It is important to note that the following Olin employees have been designated to receive reports of sexual misconduct and are obligated by law to disclose all reports and relevant information committed by or impacting any community member, that is shared with them, to the Title IX Coordinator concerning unlawful discrimination on the basis of sex, gender identity, sexual orientation, and marital or parental status, as well as incidents and allegations of sexual misconduct (including, but not limited to sexual harassment, sexual assault, domestic violence, dating violence and stalking), and/or retaliation. The Title IX Coordinator will then take the steps to provide the complainant (if known) with rights and resource information and implement any supportive measures. 

MANDATORY REPORTERS ARE LISTED IN THE SEXUAL MISCONDUCT APPENDIX, which can be found on the College's Sexual and Interpersonal Misconduct Webpage

Webpage

The College officials listed in the Mandatory Reporters list have the authority to institute corrective measures on behalf of the College. They must disclose to the Title IX Coordinator all information they know related to a report of potential sexual harassment, including the names of the alleged victim and perpetrator (if known), any witnesses and any other relevant facts including, the date, time and specific location of the alleged incident.

To the extent possible, information reported to the above listed College officials will be shared only with the Title IX Coordinator and those who assist in the implementation of Olin’s Sexual and Interpersonal Misconduct Policy and procedures. If the incident is an emergency or poses a serious or continuing threat, the official should first call Babson/Olin Public Safety immediately. If the incident is not an emergency does not pose a serious or continuing threat the official should not share information with law enforcement without the alleged victim’s consent or unless the employee is otherwise required by law to do so.

Once the College official learns about an incident, allegation or receives a report, Olin is on actual notice of the alleged incident and the Title IX Coordinator will then take the steps to provide the complainant (if known) with rights and resource information and implement any supportive measures.

Whenever possible, the above listed College officials will disclose their duty to report incidents before someone reveals information about an incident. Olin encourages individuals to speak with the Title IX Coordinator or one of the officials listed above so that supportive measures may be provided and, if the complainant elects to file a formal complaint, that the incident can be looked into and properly resolved.

Steps to Preserve Evidence. Any person who has experienced sexual violence is encouraged to take steps to preserve evidence of the incident, as doing so may be necessary to the proof of the crime or to obtain a protective order. Clothing and surroundings may contain valuable evidence. If possible, refrain from going to the bathroom unless one can save a urine sample in a clear container. Too, refrain from drinking, showering, brushing teeth, combing hair, changing clothing, and straighten up anything. It is natural to want to do these things, yet it is important that a Sexual Assault Nurse Examiner (SANE) or physician be able to examine an individual as they are from the incident. If an individual needs to change their clothes, each garment worn during the incident should be separated in a paper (not plastic) bag. If the incident involves any written or electronic communications (such as texts, pictures, videos, social media posts, phone calls), one should try and preserve copies and not delete original material.

C. Criminal Reporting Options

Individuals who believe that they may have been victims of a crime may file a criminal complaint with the Babson/Olin Public Safety (781.239.5555) and/or the local police department (911) where the incident occurred. An individual may make both a criminal complaint and a complaint to Olin under its Sexual and Interpersonal Misconduct Policy.

Olin encourages individuals to report incidents to the police so the police can take appropriate measures to help individuals and prevent future crimes. However, individuals are never required to report an incident to Babson/Olin Public Safety or the local police.

Babson/Olin Public Safety

Phone: 781.239.5555 – Non-emergency Anonymous Tip Line: 781.237.8164

Emergency Call Boxes are located across Babson and Olin to contact Public Safety

Babson College - Babson Park, Massachusetts 02457

If an individual wishes to file a report on campus, a trained investigator at Babson/Olin Public Safety will be available to meet and receive a report. It is the policy of the Babson/Olin Public Safety Department to ensure consistent standardized procedures for the investigation and prosecution of all sexual misconduct claims. Officers and investigators are trained to respond, support, and collaborate with local health and law enforcement to help preserve evidence should an individual wish to pursue a criminal prosecution in addition to other protective orders available through the court system. 

Needham Police Department

Phone: 781.455.7570

99 School Street - Needham, MA 02392

Massachusetts State Police

Phone: 781.431.5050

470 Worcester Rd - Framingham, MA 01702

District Attorney Office – Victim Witness Coordinator

Phone: 781.830.4800

45 Shawmut Rd - Framingham, MA 01702

If an individual would like assistance in filing a report with local law enforcement, Babson/Olin Public Safety will be available to provide assistance. Additionally, if an individual wishes to file a report with off-campus authorities, they may choose to go directly to the local police department. Transportation to the police department is available through Olin. One may also choose to have the police come to Olin’s campus. If this option is chosen Olin can arrange for a discreet and private place to meet for this purpose. By filing a report, you are not committed to seek criminal prosecution. However, Olin will evaluate its obligation to conduct an internal investigation as described in Section VII.A.1 below.

D. Government Reporting Options

If one wishes to file a complaint of sex discrimination, sexual harassment, including, but not limited to, sexual misconduct, sexual violence, relationship violence, stalking, and/or retaliation, outside of the College or in addition to a complaint filed under Olin’s Sexual Misconduct Policy, contact one of the government agencies listed below.

U.S. Department of Education (DOE), Office of Civil Rights (OCR)

Phone: 617.289.0111

5 Post Office Square, 8th Floor – Boston, MA 02109

U.S. Equal Employment Opportunity Commission

Phone: 617.565.3200 / 800.669.4000

475 Government Center – Boston, MA 02203

Massachusetts Commission Against Discrimination

Phone: 617.994.6000

One Ashburton Place, Suite 601– Boston, MA 02108

E. Additional Resources and Guidance for Complaining and/or Reporting Parties

Individuals who have experienced sexual violence, other inappropriate sexual contact, relationship violence, and/or stalking may experience a wide range of feelings and have questions and concerns. Many resources to assist individuals at Olin in including local and national services. 

In an emergency, contact public safety at 781.239.5555 or dial 911. Immediately get to a safe place and call someone you trust.

1. Steps to Preserve Evidence. Any person who has experience sexual violence is encouraged to take steps to preserve evidence of the incident, as doing so may be necessary to the proof of the crime or to obtain a protective order. Clothing and surroundings may contain valuable evidence. An individual should try and refrain from going to the bathroom unless they are able to save a urine sample in a clear container. They should also try and refrain from drinking, showering, brushing teeth, combing hair, changing clothing, and straighten up anything. It is natural to want to do these things, yet it is important that a Sexual Assault Nurse Examiner (SANE) or physician be able to examine an individual as they are from the incident. If an individual needs to change their clothes, each garment worn during the incident should be separated in a paper (not plastic) bag. If the incident involves any written or electronic communications (such as texts, pictures, videos, social media posts, phone calls), one should try and preserve copies and not delete original material. 
2. Confidential Medical Attention after Sexual Assault or Other Violence. Medical attention is highly recommended to treat any possible injuries, including internal injuries or infections, even if there is no visible injury present. It is important to be aware that there are some medical actions that are more effective if taken within the first few days after an offense, such as pregnancy tests, tests for sexually transmitted infections (STI’s), evidence collection, and toxicology testing (if there are signs that drugs or alcohol facilitated the offense). Immediate medical attention may be especially helpful to prevent the transmission of STI’s, such as HIV, as long as medications are administered within the first 24-72 hours following an assault. Generally, an individual may discuss the incident with a licensed medical professional on a confidential basis. 

Olin recommends that any person who has experienced sexual violence obtain medical assistance at a hospital or medical facility immediately after or within 72 hours of a sexual assault. These providers offer physical exams and provide sexual and reproductive health services (e.g., sexually transmitted infections and pregnancy testing). Sexual Assault Nurse Examiners (SANE) are also available at some hospitals to collect evidence in the event that the individual seeks to pursue criminal charges or a protective order. 

Babson/Olin Health Services (students only)

Phone: 781.239.6363 

Health services, physical exams and testing for sexually transmitted infections (STI’s) and pregnancy.

Beth Israel Deaconess Medical Center

Phone: 617.677.7000 

Needham Hospital Phone: 781.453.3000

Violence Prevention & Recovery Phone: 617.667.8141 

Mental health, counseling, and adult medicine.

Newton-Wellesley Hospital

Phone: 617.243.6000 

Sexual Assault Nurse Examiners (SANE) are available to collect evidence if looking to pursue criminal charges. 

Brigham & Women’s Hospital

Phone: 617.732.5000

Metro West Hospital 

Phone: 508.650.7000

Massachusetts Department of Health 

Phone: 617.624.6000

If seeking transportation to the hospital through Olin, please contact the Title IX Coordinator. An individual may also request transportation with the help of Babson/Olin Health Services, or be transported by a friend or family member. 

A Sexual Assault Medical examination is used to (a) collect evidence important in criminal prosecution or a civil case and (b) treat possible injuries or illness sustained from the offense. Having the examination provides an opportunity to obtain any possible evidence necessary to support the case should one choose to handle the incident through the criminal justice or other legal process. The examination is an optional procedure and does not commit an individual to any legal action. An individual is also not required to make a police report. Any evidence collected during the examination is held up to six months in a confidential storage which is identified only by a number, not a name. It is the individual’s right to request a Sexual Assault Nurse Examiner (SANE) to perform the examination.

There is no charge for a sexual assault medical examination completed in a Massachusetts hospital within five days after a sexual assault occurring in the state. The hospital where the examination occurred will work with the Massachusetts Victim Compensation & Assistance Division for the payment of any lab work, emergency room fees, physician’s fees, and medications during the hospital visit. Individuals are also eligible for additional expenses associated with the aftercare if deemed medically necessary as result of the incident. This can include further medical treatment, medications, counseling, replacement bedding and clothing (taken during the administration of the Sexual Assault Forensic Examination (SAFE) kit), security measures, etc. To determine eligibility for these post-examination expenses, one will need to complete the Massachusetts SAFE Post Examination Application provided at the time of release from the hospital. 

If an individual did not obtain an examination at the time of the incident, the Massachusetts Victim Compensation Fund may also cover the cost of the examination care at a later date as well as some possible post examination care (e.g., for follow up care for STI prevention, medication, testing, counseling, security measures, lost wages) if an individual submits a Crime Victim’s Compensation application with law enforcement. More information can be found at www.mass.gov/ago/vcomp.

F. Confidential Support for Complaining and Responding parties

The following resources can generally talk to individuals without revealing any personally identifying information about an incident to Olin. While maintaining an individual’s confidentiality, these individuals or their offices may report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report, which does not include information that would directly or indirectly identify the individual, helps keep the Title IX Coordinator informed of the general extent and nature of sexual misconduct on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the individual to ensure that personally identifying details are not shared.

1. Babson/Olin Health Services (students only). Babson/Olin Health Services is available to assist students with immediate needs and to review available medical options. Babson/Olin Health Services can offer support, testing and treatment for STI’s and follow-up appointments for further testing, if necessary. If medical care is needed well after the incident had occurred, Babson/Olin Health Services can still provide any needed support and perform testing and treatment for students. Olin recommends that any person who has experienced sexual violence obtain medical assistance at a hospital immediately after or within 72 hours of a sexual assault. Babson/Olin Heath Services staff are trained to assist individuals and determine what options and resources are available. A confidential meeting can be scheduled by calling Babson/Olin Health Services at 781.239.6363. Transportation to a local hospital with a support person of your choice can also be arranged.
2. Mental Health Care (students only). Students may seek support seeking individual counseling through Mental Health Services. Information can be found at https://www.olin.edu/student-life/health-wellness. 
3. Employee Assistance Program (EAP) is a confidential assistance program to help address the personal issues employees and their dependents are facing. This service, staffed by experienced clinicians, is available by phone 24 hours a day, seven days a week. A Guidance Consultant is available to listen to your concerns and refer you to a local provider for in-person counseling or to resources in your community.  Call: 800.311.4327 TDD: 800.697.0353 Online: guidanceresources.com

G. Consider Reporting and Complaint Options

1. Complaint under Olin’s Sexual and Interpersonal Misconduct Policy. To file a complaint under this policy, contact the Title IX Coordinator as described in Section IV.
2. Criminal Report. To file a criminal complaint, contact public safety at 781.239.5555 or dial 911 as described in Section VI.C
3. Reporting to Governmental Agency. To file a complaint with a governmental agency, please see Section VI. D

H. Additional Support and Resources – Hotlines, Advocacy, Shelters, and Support

There are many resources available for individuals seeking support, assistance, and guidance from someone outside of the Olin College Community. These service providers are not required to report any information to Olin and generally hold confidentiality with individuals seeking assistance. 

Boston Area Rape Crisis Counseling Center (BARCC)

Phone: 800.941.8371 - Website: www.barcc.org

24hr hotline, 24hr medical advocacy, individual and group counseling, legal advocacy, case management 

REACH Beyond Domestic Violence

Phone: 800.899.4000 - Website: www.reachma.org

24hr domestic violence hotline, shelter, intervention, and prevention services, community based support services

Rape, Abuse, and Incest National Network (RAINN)

Phone: 800.657.4673 - Website: www.rainn.org

24hr national hotline, victim services, resources, advocacy

Jane Doe Inc.

Phone: 877.785.2020 – Website: www.janedoe.org

24hr sexual assault and domestic violence multilingual hotline, movement building, networking and support

Fenway Health

Phone: 888.242.0900 – Website: www.fenwayhealth.org

24hr LGBTQ hotline, counseling, support groups, advocacy, referral services 

The Network / LA Red

Phone: 617.742.4911 – Website: www.tnlr.org

24hr LGBTQ, BDSM, and polyamorous partner abuse hotline, emotional support, resources, safety planning

Massachusetts Office of Victim Assistance 

Phone: 617.586.1340 – Website: www.mass.gov/mova/

Victim advocacy and assistance, outreach, resources 

Resources for legal aid, advice and/or representation:

Committee for Public Counsel Services

Website: www.publiccounsel.net

Public defender agency for Massachusetts 

Mass Legal Services

Website: www.masslegalservices.org/FindLegalAid

Legal Resource Finder: Contact information for legal aid programs, nonprofits, government agencies, and court programs

Norfolk Superior Court

Phone: 781.326.1600

Dedham District Court

Phone: 781.329.4777

VII. Additional considerations

A. Privacy and Confidentiality: Treatment of Reported Information.

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

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

   • There have been similar complaints about the same individual
   • There appears to be a pattern of perpetration
   • The alleged responding party has a history of violence 
   • The alleged responding party threatened further or future violence
   • The misconduct was alleged to have been committed by multiple perpetrators
   • The alleged responding party holds a position of power over the alleged victim or others
   • The alleged complaining party is a minor
   • Other similar factors 

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

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

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

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

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

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

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

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

D. Consensual Sexual Relationships Involving Employees

Employee Relationships with Students. The personal relationships that a student develops with College employees play a fundamental role in the student’s educational experience at Olin. Given the inherent authority and power dynamic employees may have over students, a sexual or romantic relationship between a student and an employee can easily raise concerns about sexual harassment or intimidation. In light of these considerations and given that an employee might be called upon to teach, advise, evaluate, or supervise any student, Olin employees should be aware that it is never appropriate for employees to develop a sexual or romantic relationship, even if consensual, with any current Olin student. Any employee engaging in sexual or romantic relations with a current student, even if consensual, may be found in violation of Olin’s Sexual and Interpersonal Misconduct Policy. 

VIII. Prohibited Conduct Under Olin's Sexual and Interpersonal Misconduct Policy

Olin’s commitment to non-discrimination includes an assurance that Olin rejects and condemns all forms of harassment, discrimination, retaliation, and disrespect on the basis of a person’s race, religion, color, national origin, age, marital or parental status, veteran status, sex, disability, genetic information, sexual orientation, gender identity and other legally protected status. Olin follows through on that commitment, in part, though the implementation of its Sexual and Interpersonal Misconduct Policy. These policies and procedures apply to all Olin community members, and all members of the Olin community are responsible for being familiar with and abiding by the Sexual and Interpersonal Misconduct Policy at all times.

A. Definitions of Prohibited Conduct Under Olin's Sexual and Interpersonal Misconduct Policy

The College’s Sexual and Interpersonal Misconduct Policy governs incidents of sexual harassment, sexual assault, domestic violence, dating violence, and stalking (and any retaliation associated with these).  The College’s 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.

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 member of the Olin community, please contact the Title IX Coordinator. The contact information for the Title IX Coordinator, as well as other resources who can provide support is located in Section IV, V, and VI.

Title IX Sexual Harassment:

Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

 

Title IX Sexual Harassment is conduct occurring within a College education program against a person in the United States. An ‘‘education program or activity’’ includes locations, events, or circumstances over which the College exercises substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the College. Allegations of prohibited conduct that do not fall under this definition are handled under Non-Title IX definitions, policies, and procedures.

 

 

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 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.

Title IX Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation and includes:

 

1. Rape:
   • The carnal knowledge of a person (i.e., penile-vaginal penetration), without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
   • Oral or anal sexual intercourse (i.e., penile penetration) with another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
   • To use an object or instrument (e.g., an inanimate object or body part other than a penis) to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;

    

2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity (for purposes of this definition, "private body parts" includes breasts, buttocks, or genitals, whether clothed or unclothed);

    

3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or

    

4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Title IX Dating Violence for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex committed in an education program or activity of the College in the United States that constitutes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

 

For the purposes of this definition—

(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(B) Dating violence does not include acts covered under the definition of domestic violence.

 

Title IX Domestic Violence for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex committed in an education program or activity of the College in the United States that constitutes a felony or misdemeanor crime of violence committed—

(A) By a current or former spouse or intimate partner of the victim;

(B) By a person with whom the victim shares a child in common;

(C) By a person who is cohabiting with, or has cohabited with, the victim as a spouse or intimate partner;

(D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

(E) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Title IX Stalking for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex committed in an education program or activity of the College in the United States that constitutes 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.

 

     (ii) For purposes of this definition—

(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

(B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(C) 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 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.

 

Non-Title IX Misconduct

Non-Title IX Misconduct is Prohibited Conduct that falls within the scope of this policy and the definitions below but that does not fall within the definition of Title IX Sexual Harassment, either due to the nature of the conduct or because it did not reportedly occur within a program or activity of the College in the United States. Behavior that falls within the definition of Non-Title IX Misconduct violates College policy and is prohibited. Such conduct is defined for purposes of this policy as:

 

Non-Title IX Sexual Harassment is a form of sex discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, shared living, or educational environment, on the basis of sex. The College will determine whether conduct falls within this definition by using both an objective standard (that is, would a reasonable person experience the conduct as intimidating, hostile or offensive as defined here) and a subjective standard (that is, did the person actually perceive the conduct as intimidating, hostile or offensive as defined here).

 

Examples of sexual harassment include, but are not limited to the following, when such acts or behavior come within the above definition:

• touching or grabbing any part of a person’s body (in a manner that is sexual or offensive on the   basis of sex but that does not constitute “fondling”, which is a form of Title IX Sexual Assault or Non-Title IX Sexual Assault as defined above and below) after that person has indicated, or it is known or should be known, that such physical contact is unwelcome;  and the person knew or should reasonably have known that the other person did not or would not welcome such physical contact;

• continuing to ask a person to socialize on or off-campus when that person has indicated that they are not interested;

• displaying or transmitting sexually suggestive pictures, videos, objects, cartoons, messages, web links, posters or any other sexually suggestive content/media content or posters if it is known or should be known that the behavior is unwelcome;

• continuing to write sexually suggestive notes or letters if it is known or should be known that the person does not welcome such behavior;

• referring to or calling a person a sexualized name if it is known or should be known that the person does not welcome such behavior;

• regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or should be known that the person does not welcome such behavior;

• communicating derogatory or provoking remarks about or relating to a person’s sex, gender identity or sexual orientation;

• directing harassing acts or behavior against a person on the basis of their sex, gender identity or sexual orientation; or

• off-campus conduct which falls within the above definition and affects a person’s on-campus educational, shared living, or work environment.

 

Non-Title IX Sexual Assault is sexual assault (i.e., rape, fondling, incest or statutory rape) as defined in the Title IX Sexual Assault definition above that did not reportedly occur in a program or activity of the College in the United States, and attempts to commit such misconduct.

 

Non-Title IX Domestic Violence is domestic violence as defined in the Title IX Domestic Violence definition above that did not reportedly occur in a program or activity of the College in the United States.

 

Non-Title IX Dating Violence is dating violence as defined in the Title IX Dating Violence definition above that did not reportedly occur in a program or activity of the College in the United States.

 

Non-Title IX Stalking is stalking as defined in the Title IX Stalking definition above that did not reportedly occur in a program or activity of the College in the United States, or that otherwise fits within the definition of stalking but does not fall within the Title IX Stalking definition because the reported conduct is not directed at the complainant on the basis of sex.

 

Non-Title IX 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.

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 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 is 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.


Retaliation: No member of the College community or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy, Title IX, or 34 CFR Part 106, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.  Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by this policy, Title IX, or 34 CFR Part 106, will also be considered retaliation by the College. Retaliation can be committed by any individual or group of individuals, not just a Respondent or a Complainant. Retaliation may constitute a violation of Olin’s Sexual and Interpersonal Misconduct Policy, even when the underlying report made did not result in a finding of responsibility. Retaliation, even in the absence of provable discrimination or harassment in the original complaint or charge, constitutes a serious violation of this policy.

B. State Law Definitions

The following are excerpts compiled from the Massachusetts General Laws that describe how certain relevant behavior is defined in Massachusetts. These definitions are not identical to the definitions of conduct prohibited in Olin’s Sexual Misconduct Policy, but Olin considered these definitions in developing its Policy.

Sexual Assault (Rape, Indecent Assault & Battery): (Compiled from M.G.L. Ch. 265, § 13 & 22)

Sexual assault is defined under Massachusetts law as rape or indecent assault and battery.

Rape is defined as occurring when a person has “sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise…”

Indecent assault and battery occurs when one person touches another person in an “indecent” way. Examples of indecent assault and battery include touching a person’s buttocks, breasts, or genitals without consent. The Commonwealth must prove that the defendant touched the alleged victim without justification or excuse; and that the touching was “indecent;” and that the alleged victim did not consent.

An indecent act is one that is fundamentally offensive to contemporary standards of decency.

Stalking: (Compiled from M.G.L. Ch. 265, § 43)

The act of “willfully and maliciously engaging in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress and makes a threat with the intent to place the person in imminent fear of death or bodily injury.”  Stalking includes, but is not limited to, acts or threats conducted by mail or by use of a telephonic or electronic communication device. Communications include, but are not limited to, electronic mail, internet communications, instant messages or facsimile communications.

Domestic and Dating Violence: (Compiled from M.G.L. Ch. 209A)

“Abuse” is defined as “the occurrence of one or more of the following acts between family or household members:

• Attempting to cause or causing physical harm;
• Placing another in fear of imminent serious physical harm; or
• Causing another to engage involuntarily in sexual relations by force, threat, or duress.”

Family or household members are defined as “persons who:

• Are or were married to one another;
• Are or were residing together in the same household;
• Are or were related by blood or marriage;
• Have a child in common regardless of whether they have ever married or lived together; or
• Are or have been in a substantive relationship, which shall be adjudged in consideration of the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.”

Consent: (not defined by M.G.L. in this context)

In Massachusetts, it is illegal to have sex under any circumstances with someone who is incapable of giving consent due to incapacity or impairment; incapacity or impairment may be caused by intoxication or drugs, or because a victim is underage, mentally impaired, unconscious, or asleep.  For purposes of the Olin Sexual Misconduct Policy, consent is an explicitly communicated, reversible, mutual agreement to which all parties are capable of making a decision.

Massachusetts has several laws that define the age of consent and the additional penalties that attach if a person is under the age of 16 or 14. E.g., statutory rape laws, indecent and assault and battery on a person under the age of 14.

Retaliation: (Referenced by M.G.L. in various contexts, e.g., Chap. 151B.)

Other Definitions

Actual Knowledge means notice of sexual harassment or allegations of sexual harassment to the College’s Title IX Coordinator or any official of the College who has authority to institute corrective measures on behalf of the College. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the College with actual knowledge is also the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the College. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.

Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in the College’s education program or activity.

Education Program or Activity includes locations, events, or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.

Formal Complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment.  At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the College with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed for the Title IX Coordinator in this policy and by any additional method designated by the College. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the College) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Supportive Measures means non- disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Student includes all persons taking courses at the College both full and part-time, pursuing undergraduate, graduate or professional studies; and those who attend post-secondary education institutions other than Olin College and who reside in College residence halls. Persons who are not officially enrolled for a term, but who have a continuing relationship with the College are considered students. Solely for purposes of this definition, the term “employee of the College” does not include students who are employed by the College through a work-study or similar program.

 

Link to Active Sexual and Interpersonal Misconduct Policy

Olin College Sexual and Interpersonal Misconduct Policy can be found at:https://www.olin.edu/student-life/sexual-misconduct-title-ix