VII. How Olin will address unlawful discrimination and harassment, including sexual misconduct and retaliation

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

The following are the definitions of conduct that is prohibited under Olin’s Sexual Misconduct Policy. If an individual has any questions about the definition or application of any of these terms, the Sexual 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 and V.

Sexual Misconduct is a broad term used to encompass a range of behaviors including but not limited to sex discrimination, sexual harassment, sexual assault, sexual coercion, sexual exploitation, relationship violence (domestic violence and dating violence), stalking and/or acts perpetrated against a person’s will or when a person is incapable of giving consent.  All such acts of sexual misconduct are prohibited by Olin College. Sexual misconduct can occur between individuals who know each other, have an established relationship, have previously engaged in consensual sexual activity, and/or between individuals who do not know each other. Sexual misconduct can be committed by persons of any gender identity, and can occur between people of the same or different biological sex or gender identity.

Sex Discrimination: An intentional or unintentional act that adversely affects employment and/or educational opportunities because of a person’s sex, gender identity, sexual orientation and/or marital or parental status. Discrimination may be classified as either disparate impact (facially neutral practices that fall more harshly on one group than another and cannot be justified by business necessity) or disparate treatment (treatment of an individual that is less favorable than treatment of others based upon unlawful discriminatory reasons).

Sexual Harassment:

Sexual harassment consists of two basic types:

Quid Pro Quo Harassment: Any action in which submission to or rejection of unwelcome conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual’s education, grades, recommendations, extracurricular programs or activities, and/or employment opportunities.

Intimidating or Hostile Environment: Any unwelcome conduct of a sexual nature, including verbal expression, that is severe, persistent, or pervasive, and creates an intimidating, hostile, or offensive working or educational environment, or has the purpose or effect of unreasonably interfering with an individual’s employment, academic performance, education, and/or participation in extracurricular programs or activities. This includes actions or expression targeting an individual’s sex, sexual orientation, gender identity and gender expression.

A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical.

In either type of sexual harassment noted above, the effect will be evaluated from both a subjective perspective, as well as the objective perspective of a reasonable person in the position of the person who experienced the conduct.

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, be directed at a specific target, or involve repeated incidents.

While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of behavior that might be considered sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

• Unwanted sexual innuendo, propositions, sexual attention or suggestive comments and gestures; inappropriate humor about sex or gender-specific traits; sexual slurs or derogatory language directed at another person’s sexuality, gender, gender identity, sexual orientation or gender expression; insults and threats based on sex, gender, gender identity, sexual orientation or gender expression; and other oral, written or electronic communications of a sexual nature that an individual communicates is unwanted and unwelcome.
• Written graffiti or the display or distribution of sexually explicit drawings, pictures, or written materials; sexually charged name-calling; or the circulation, display, or creation of e-mails, text messages, or websites of a sexual nature.
• Display or circulation of written materials or pictures degrading to an individual or gender group where such display is not directly related to academic freedom, or an educational/pedagogical, artistic, or work purpose. When an instructor determines it is necessary to include such materials in classroom instruction, discussion, or required studies/ reading, it is expected that the instructor will offer prior warnings concerning the intent to display or introduce such explicit materials. Instructors are encouraged to attempt to accommodate individuals who find such materials upsetting or triggering by allowing for alternative means of fulfilling course requirements.
• Unwelcome physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual’s body.
• Undue and unwanted attention, such as repeated flirting, objectively inappropriate or repetitive compliments about physical attributes or clothing, staring, or making sexually oriented gestures.
• Physical coercion or pressure of an individual to engage in sexual activity or punishment for a refusal to respond or comply with sexual advances.
• Use of a position of power or authority to: (1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, for refusing to submit to sexual activity, or for reporting harassment; or (2) promise rewards in return for sexual favors.
• Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, sexual orientation, gender identity, or sex-stereotyping.

Sexual Violence: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.  Physical sexual acts include, but are not limited to, vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact. This definition includes sexual assault, rape, sexual battery, and sexual coercion. Sexual violence may involve individuals who are known to one another or have an intimate and/or sexual relationship (relationship violence), or may involve individuals not known to one another.

Sexual violence can be committed by any person again any other person, regardless of gender, gender identity, sexual orientation, or past or current relationship status. Sexual violence may occur with or without physical resistance or violence.

• Sexual Assault: Sexual assault is any unwanted or intentional sexual contact without consent, whether such contact directly touches skin or is through clothing. This includes any sexual contact with the breasts, buttocks, groin, genitals, mouth, and/or other body part of an individual. Touching another individual with the above mentioned body part(s) or making another individual touch themselves is sexual assault. Additionally, disrobing, exposure of an individual’s body without that individual’s consent, or attempting nonconsensual sexual intercourse is sexual assault.
• Rape: Rape is a form of sexual assault involving sexual penetration without consent. Rape is defined as: (a) any sexual penetration of the vagina or anus, however slight, with any object or body part without consent; or (b) any penetration of the mouth, however slight, by any sex organ or object used in a sexual manner without consent.
• Fondling: Fondling is the touch of the private body parts of another individual for the purpose of sexual gratification without consent. This includes instances where the individual being touched is incapable of giving consent because of their temporary or permanent mental incapacity.

Other Inappropriate Sexual Contact: Having or attempting to have sexual contact of any kind other than that defined as “Sexual Violence” with another individual without consent. Other inappropriate sexual contact may include kissing, touching, or making other inappropriate contact with the breasts, genitals, buttocks, mouth, or any other part of the body that is touched in a sexual manner and without permission.

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.

Sexual Exploitation: Any act committed through non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, personal benefit or advantage or any other illegitimate purpose. Sexual exploitation may involve individuals who are known to one another, have an intimate or sexual relationship, or may involve individuals not known to one another. Examples include, but are not limited to, observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved.

• Inducing Incapacitation: This includes the provision of alcohol or drugs to an individual, with or without that individual’s knowledge, for the purpose of causing impairment or intoxication or taking advantage of that individual’s impairment or intoxication.
• Media-Based Misconduct: Photographing or taping someone (via audio, video or otherwise) involved in sexual activity, or in a state of undress, without their knowledge or consent.  Even if a person consented to sexual activity, photographing or taping someone without their knowledge and agreement goes beyond the boundaries of that consent. Dissemination of photographs or video/audio of someone involved in sexual activity, or in a state of undress, without their knowledge or consent constitutes a separate and additional act of sexual misconduct.
• Miscellaneous: The inappropriate behaviors listed above are not an exhaustive list. Olin may consider any other conduct that has a sexual or gender-based connotation under Olin’s Sexual Misconduct Policy.

Relationship Violence (Domestic Violence and Dating Violence):

Relationship violence is any unwanted or intentionally violent or controlling behavior of one individual by a person who is currently or was previously in an intimiate relationship with that individual. Relationship violence may include actual or threatened physical injury, sexual violence, psychological or emotional abuse, coercion, manipulation, intimidation, and/or progressive social isolation towards a partner in a current or former intimate relationship. With regards to Olin’s Sexual Misconduct Policy, the term “intimate relationship” refers to marriage, domestic partnership, engagement, casual or serious romantic involvement, and dating.

Relationship violence can occur between individuals of any sex, gender identity and/or sexual orientation, and can occur in any type of intimate relationship including monogamous, non-committed, and relationships involving more than two partners. Relationship violence can also be a single act or a pattern of behavior.

Relationship violence can take many forms. Examples include, but are not limited to, situations in which behaviors are directed toward a partner in a current or former intimate relationship such as: hitting, kicking, punching, strangling, or other violence; property damage; threat of violence to one’s self, one’s partner, or the family members, friends, pets, or personal property of the partner; threat to disclose personal or sensitive information; and depriving the partner access to their residence.

Stalking is more than one instance of unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of harm or injury, including physical, emotional, or psychological harm. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, texts or other similar forms of contact are used to pursue, harass, or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals not known to one another.

Retaliation:

Engaging in conduct that may reasonably be perceived to:

• Adversely affect a person’s educational, living, or work environment because of their good faith participation in the reporting, investigation, and/or resolution of a report of a violation of Olin’s Sexual Misconduct Policy; or
• Discourage a reasonable person from making a report or participating in an investigation under Olin’s Sexual Misconduct Policy, any other Olin College policy, or any other local, state, or federal complaint process (e.g., filing a complaint with an entity like the U.S. Department of Education).

Retaliation includes, but is not limited to, acts or words that constitute intimidation, threats, or coercion intended to pressure any individual to participate, not participate, or provide false or misleading information during any proceeding under Olin’s Sexual Misconduct Policy. Retaliation may include abuse or violence, other forms of harassment, and/or making false statements about another person in print or verbally with intent to harm their reputation.

Retaliation can be committed by any individual or group of individuals, not just a Responding Party or a Complaining Party. Retaliation may constitute a violation of Olin’s Sexual 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.

Other Violation: Engaging in other conduct which is prohibited by Olin’s Sexual Misconduct Policy (e.g., recording the proceedings) or failure to comply with a duty or obligation set forth in, or imposed pursuant to, this Policy (e.g., duty of honesty, duty of cooperation or duty to report).

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 Harassment: (Compiled from M.G.L. Ch. 151B)

“Sexual harassment” means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:

• Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or enrollment or is used as a basis for employment or educational decisions, placement services or evaluation of academic achievement; or
• Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work or educational performance by creating an intimidating, hostile, humiliating or sexually offensive work or educational environment.

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.)

Retaliation is frequently addressed by the U.S. Department of Education’s Office for Civil Rights (OCR).  OCR’s legal standard for addressing retaliation claims is as follows:

A claim for retaliation must establish several elements. First, the facts must indicate that the complaining party engaged in a protected activity, i.e., exercised a right or took some action that is protected under the laws OCR enforces, including Title IX.  Second, the institution must be on notice of the protected activity.  Third, the institution must take an adverse action against the complaining party. And fourth, there must be a causal connection between the protected activity and the adverse action. If any of these four elements cannot be established, then a claim of retaliation cannot be substantiated. If, on the other hand, all four elements are established, then OCR next analyzes whether there is a legitimate non- discriminatory reason for the retaliatory action in question.  If no legitimate non-discriminatory reason is put forward, or if the reason is found to be a mere pretext for retaliation, then OCR may find that there was retaliation. 

C. Process for Investigating and Resolving Complaints

This section describes how Olin will: 1) investigate a report that activates the Title IX process, 2) detail conduct that could violate Olin’s Sexual Misconduct Policy, and 3) determine what, if any, safety measures and/or disciplinary sanctions exist for individuals found responsible for violating Olin’s Sexual Misconduct Policy.

1. Initial Steps: Report of Allegations and Interim Measures

   Upon receiving a report of conduct that could fall under Olin’s Sexual Misconduct Policy, the Title IX Coordinator will assess the need to take any immediate action to address the safety and health needs of the Complaining Party⁵ and the Olin community. The initial assessment is a preliminary action to determine the next steps for investigating the reported conduct and the need for any interim measures; it is not part of the investigation.
   
   Interim measures are individualized services offered as appropriate to either or both Parties involved in the alleged incident of sexual misconduct, prior to an investigation or while an investigation is pending. The measures needed by either or both of the Parties may change over time, and the Title IX Coordinator will communicate with the Parties throughout the investigation to ensure that any interim measures are necessary and effective based on the Parties evolving needs. Examples of interim measures, with respect to sexual misconduct, include counseling, no-contract directives, requests for academic and/or work adjustments, changes to living, dining, transportation, working and/or immigration situations, statutorily-provided leave to employees pursuant to M.G.L. c. 49, § 52D, and other similar accommodations.

   This initial process may include, but is not limited to, the following:

   1. The Title IX Coordinator will contact the Complaining Party and encourage them to meet to discuss the nature and circumstances of the reported conduct, review relevant documentation that is available, and address the need for any interim measures. 
   2. The Title IX Coordinator will assess the reported conduct to determine whether circumstances pose a threat to the health or safety of the College community that warrants issuance of a timely warning, a stay-away order for any person, or any other interim protections, including, but not limited to, temporary suspension of a student, placing an employee on leave, or restricting any individual from other privileges prior to completing an investigation. During the interim action, Olin reserves the right to prohibit the individual from entering Olin property or participating in any Olin activities, absent of written authorization from an appropriate College official. The failure of an individual to comply with an interim restriction is a violation of Olin’s Sexual Misconduct Policy and may lead to additional disciplinary action. The decision to impose interim restrictions will be communicated by the Title IX Coordinator and will be effective immediately. 
   3. The Title IX Coordinator will notify the Complaining Party about the availability of Olin’s Sexual Misconduct Policy as well as 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 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.
   4. The Title IX Coordinator will notify the Complaining Party of the available resources for seeking medical treatment, counseling, spiritual guidance, or other interim measures. See Section IV and V. 
   5. If the Title IX Coordinator determines the reported conduct could, in any way, trigger Olin’s Sexual Misconduct Policy, they will contact the Complaining Party to discuss that determination. In collection with allegations of sexual misconduct, if, at any time, the Complaining Party requests that the process not move forward, Olin will weigh that request against its obligation to address any risk of harm to the Complaining Party or other individuals in the community and the nature of the incident or conduct at issue. Except in limited circumstances, in which the Complaining Party’s request not to proceed to investigation is granted, the Title IX Coordinator will proceed to Section VII.C.3. For further information please see Section VI.A.
   6. If the Title IX Coordinator determines that the reported conduct would not, in any way, trigger the Sexual Misconduct Policy, they will advise the Complaining Party of such and refer the reported conduct to the appropriate office for addressing, consistent with their policy. If however, new information is subsequently provided, the reported conduct may be reevaluated to determine whether an investigation is warranted. 
2. Optional Informal Resolution Procedures

   The following Informal Resolution Procedure may not be used in an effort to resolve allegations of sexual violence, other inappropriate sexual contact, inducing incapacitation, and stalking or relationship violence, as each of these terms are defined in Section VII.A.

   At any time prior to the Title IX Coordinator review of the investigative report, a Party may request an informal resolution of the complaint. 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. If the Title IX Coordinator determines that an informal resolution is appropriate, the Title IX Coordinator will notify the Parties. The Title IX Coordinator will facilitate a dialogue with the Parties in an attempt to reach a resolution. The allegation will be deemed resolved when the Parties expressly agree to an outcome that is acceptable to them, which is approved by the Title IX Coordinator in consultation with other appropriate College administrators. A Party may withdraw from the informal resolution process at any time. The Title IX Coordinator may also reinitiate an investigation at any time they deem appropriate. 

3. The Investigation Phase
   1. Notice of an Investigation. If it is determined that the reported conduct could trigger Olin’s Sexual Misconduct Policy and an investigation is required, the Title IX Coordinator will prepare a written notice to the Complaining Party and Responding Party that will include a brief description of the allegations, the portions of Olin’s Sexual Misconduct Policy that are alleged to have been violated, and any interim measures in place for which either Party must be made aware. This written notice does not constitute a finding or a determination of responsibility. Additionally, the Responding party may also request interim measures during the investigation. 
   2. Information about Advisers in Connection with Allegations of Sexual Misconduct. In connection with an allegation of sexual misconduct involving sexual violence, or other inappropriate sexual contact, relationship violence or stalking⁶, each Party may have a single adviser of their choice present during any Olin sexual misconduct disciplinary proceedings, including any related meeting or interview held, pursuant to the Sexual Misconduct Policy. Advisers may not participate actively while present at any disciplinary proceeding and may not speak or otherwise communicate on the part of the Party that they represent. However, the adviser may ask to suspend any meeting or interview briefly to provide private consultation related to the disciplinary proceeding in progress. An adviser is subject to the same confidentiality expectations applicable to others in attendance. Accommodations, including scheduling of interviews or reviews, generally will not be made for any advisers if they unduly delay the process. Without prior approval of the Title IX Coordinator, as determined in their sole discretion, the adviser is not permitted to attend a meeting or proceeding without the Party. Olin reserves the right to take appropriate action regarding any adviser who disrupts the process, or who does not abide by the restrictions on their participation as determined in the sole discretion of the Title IX Coordinator. A union-represented employee who is the Responding Party may choose an adviser who is not a union representative, if the Responding Party does not desire to have the union representative participate in the proceeding⁷. 
   3. Support Services and Resources. The Parties should review Section IV and V regarding the available support services and resources at Olin. At the request of either Party or witness, the Title IX Coordinator can provide additional information on the support services, resources, and options available. 
   4. Designation of Investigator. The Title IX Coordinator will designate at least one investigator to conduct a prompt, fair, and impartial investigation of the reported conduct and prepare a report of investigative finding (the “Investigative Report”). At Olin’s discretion, the investigator may be an external investigator and more than one investigator may be assigned. All investigators will be selected from a group of qualified and trained individuals engaged by Olin for the purpose of conducting investigations under Olin’s Sexual Misconduct Policy. The Title IX Coordinator will provide the Parties with the name of the investigator(s) assigned to investigate the reported conduct. As soon as possible, but no later than three (3) calendar days after notification of the identity of the Investigator(s), the Parties should inform the Title IX Coordinator (in writing) of any conflicts of interest with regard to the selected Investigator(s). The Title IX Coordinator will consider the nature of the conflict and determine if different investigator(s) should be assigned. The Title IX Coordinator’s decision regarding any conflicts is final. The Title IX Coordinator may consult with other Olin employees (e.g., the Dean of Students and/or Director of Human Resources) to discuss any conflicts of interest. 
   5. Nature of the Investigation. The investigation will include separate interviews with the Complaining Party, the Responding Party, and any witnesses whom the Investigator(s) believe will provide necessary and relevant information. The investigation may include review of documentation or other items relevant to the reported conduct. The Investigator(s) will provide the Parties with written notices of meetings in which their presence is required.
   6. The Parties’ Identification of Potential Witness and Documentation. The Parties have the opportunity to identify potential witnesses who have specific information about the reported conduct and with whom they would like the Investigator(s) to speak. The Parties also have the opportunity to provide the Investigator(s) with any documentation or other items or questions they would like to be considered. All information described in this section must be presented to the Investigator(s) in writing and include a brief description as to how the persons, documents, and/or items are relevant to the reported conduct. This information must be provided to the Investigator(s) during the Investigation Phase and without delay upon becoming aware of it. The Investigator(s) will exercise discretion in their determination of what information to consider and which potential witnesses identified by the Parties can provide relevant information to the investigation.
   7. Investigation Prohibitions. Neither Party will be permitted to question or cross-examine the other Party directly during the investigation or disciplinary proceedings. Moreover, the Investigator(s) generally will not gather or consider information related to either Party’s sexual history outside of the conduct in question.
   8. Responding Party Voluntary Agreement to Policy Violation. At any point prior to the Title IX Coordinator’s review of the investigative report, a Responding Party may agree, in writing, to 1) the alleged violation(s) of Olin Sexual Misconduct Policy and 2) proposed sanction, in cases of sexual harassment not involving sexual violence, other inappropriate sexual contact, sexual exploitation, stalking or relationship violence. In cases of sexual violence, other inappropriate sexual contact, sexual exploitation, stalking or relationship violence, the Title IX Coordinator will determine and impose sanction(s) pursuant to Section VII.C.5.a below.
4. Investigative Report and Determination of Responsibility by Title IX Coordinator
   1. Content of the Investigative Report. At the conclusion of the Investigation Phase, the Investigator(s) will prepare an Investigative Report, which would include a summary of the factual information presented during the Investigation Phase, a separate section where the Investigator(s) point out relevant consistencies or inconsistencies (if any) between different sources of information, and a separate section describing the Investigator(s)’ perception of the demeanor of the individuals interviewed. The Investigative Report will not include a determination by the Investigator(s) as to whether a Party has violated Olin’s Sexual Misconduct Policy or what sanctions may be appropriate. These determinations will be made by the Title IX Coordinator, as described below.
   2. Review by the Parties. The Parties will have an opportunity to review the Investigative Report and may submit written comments about the content of the Investigative Report to the Investigator(s) within five (5) calendar days of the date they are notified that the Investigative Report is available for review. This review will take place at a secure location and in a secure manner determined by the Title IX Coordinator. The time to submit written comments can be extended for a brief period if the Title IX Coordinator concludes, in their sole discretion, that additional time is warranted. Likewise, the secure location and manner of reviewing the Investigative Report can be modified if the Title IX Coordinator deems it necessary and appropriate. Each Party may have their adviser review the Investigative Report with them. Photographs or any other copies of the Investigative Report are not allowed by either Party or adviser. The comments submitted by the Parties may not exceed ten (10) double spaced pages unless a higher page limit is otherwise determined to be necessary and appropriate in the sole discretion of the Title IX Coordinator. After reviewing the submissions, if any, from the Parties, the Investigator(s) may determine that either additional investigation is required, or no further investigation is needed. If further investigation is conducted, the Investigator(s) will include any additional relevant information in the Investigative Report. The Investigative Report will then be submitted to the Title IX Coordinator. Any submissions made by either Party pursuant to this section, as well as any other documentation deemed relevant by the Investigator(s), will be attached to the Investigative Report.
   3. Review and Determination by the Title IX Coordinator. The Title IX Coordinator will make a determination as to whether or not the Responding Party is responsible for violating Olin’s Sexual Misconduct Policy by having engaged in some or all of the reported conduct. The Title IX Coordinator has the authority to accept the Investigative Report without seeking additional investigation, or to ask the Investigator(s) to conduct additional investigation on specific points. The Title IX Coordinator in their discretion, may invite the Investigator(s) to attend a meeting if they believe it would be helpful to ask the Investigator(s) any questions arising from the Investigative Report. The Title IX Coordinator also has the authority, in their discretion, to speak directly with any persons identified in the Investigative Report. The Title IX Coordinator, as the ultimate decision-maker in the matter, is provided broad discretion.
   4. Notification of Decision. Upon reaching a determination of responsibility, the Title IX Coordinator will draft a written notification of the decision. If sanctions are necessary, they will be assigned in accordance with Section VII.C.5 below. The notification will consist of a brief statement of the allegations and the determinations made by the Title IX Coordinator.
   5. Standard of Proof. All findings and determinations of responsibility under Olin’s Sexual Misconduct Policy will be made using a preponderance of the evidence standard. This standard requires the determination of whether it is more likely than not (>50%) that a fact exists or that a violation of Olin’s Sexual Misconduct Policy occurred.

      Please note that the preponderance of the evidence standard is not the standard used for criminal culpability in most jurisdictions, and a determination of responsibility under Olin’s Sexual Misconduct Policy does not equate with a finding of a violation of criminal laws. Conversely, lack of a prosecution or conviction in a criminal proceeding does not necessarily imply that Olin’s Sexual Misconduct Policy was not violated. The two procedures are significantly different and utilize different standards for determining violations.

   6. Student Group, Organizations Teams, and Team Leaders. A student group, organization, team, or team leader may be held responsible for a violation of Olin’s Sexual Misconduct Policy when one or more members of the group or other individuals associated with the group, organization or team are found responsible for a violation of Olin’s Sexual Misconduct Policy and the Title IX Coordinator separately determines that:
      • Members of the group, organization or team acted in concert with respect to misconduct;
      • The individual found responsible for committing the misconduct was either acting on behalf of the group, organization or team or engaged in an activity sponsored, financed or endorsed by the group, organization or team or its leaders;
      • The misconduct arises from, occurs during, or is related to any activity or event sponsored, financed or endorsed by the group, organization or team;
      • Any leader, officer, or team captain of group, organization or team had knowledge of the misconduct or incident before or while it occurred and failed to take corrective action; and/or
      • A pattern of individual misconduct by members of the group, organization or team is found to exist.

      The designated student leader or leaders (e.g., president, officer(s), or team captain(s)) shall represent the student group, organization or team throughout the process.

5. Determination of Sanctions

   The Title IX Coordinator will determine the appropriate sanction in the event that the Responding Party is found responsible for violating Olin’s Sexual Misconduct Policy. The determination will be in writing and shared simultaneously with the Parties as detailed in Section VII.C.6.

   Types of Sanctions

   1. Employees. Sanctions imposed with respect to Responding Parties 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. Student Groups, Organizations, Teams, and Team Leaders. Sanctions for groups, organizations, teams, and team leaders may include, but are not limited to, one or more of the following: suspension, revocation or denial of registration or recognition, probation, reprimand, warning, restitution, restriction, and/or educational directive.
   4. Considerations. In determining an appropriate sanction, the College may take into account the following:
      • The nature and circumstances of the misconduct.
      • The impact of the misconduct on the Complaining Party.
      • The impact of the misconduct on the College community.
      • The disciplinary history of the Party deemed responsible.
      • Any other mitigating or aggravating circumstances in order to reach a fair and appropriate resolution in each case. Range of sanctions are typically imposed for similar violations.

   The Title IX Coordinator reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating or aggravating circumstances. The appellate officer will not deviate from the range of recommended sanctions unless compelling justification exists to do so. See Section VII.C.7 and VII.C.7.a.

6. 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 interim or safety measures. If a Complaining Party declined or did not take advantage of a specific service or resource previously offered, Olin may re-offer the service, 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.
7. Notification of Investigation Outcome

   The Title IX Coordinator will inform the Parties in writing of 1) the outcome of the disciplinary proceeding and 2) the procedures for either Party to appeal the result of the disciplinary proceeding. The Title IX Coordinator will also inform other Olin officials with a legitimate educational interest about the outcome of the finding. Notice to these other individuals will be accompanied with a request that the information should remain confidential except in situations in which disclosure is necessary to protect the safety of the community.

8. Appeals

   Within three (3) business days of the delivery of the notice of the decision of responsibility and/or sanction, either Party may appeal the decision by submitting to the Title IX Coordinator a letter stating why the Party requesting the appeal believes the determination of responsibility and/or sanctions were inappropriate. A Party appealing under this section may only appeal on the following grounds:

   • Procedural error by the Investigator(s) or Title IX Coordinator that materially prejudiced the Party requesting review; and/or
   • Newly discovered material information that was not known to the Party requesting review and not available to the Investigator(s) and Title IX Coordinator which likely would have changed the finding of responsibility or the sanction imposed, had it been available.

   The Party submitting the appeal must set forth, in detail, the grounds for review and must attach all materials that they wish to have considered in the appeal process. The Title IX Coordinator will provide a copy of the appeal submitted by one Party to the other Party.

   1. The Appellate Officer(s): The Provost (or an impartial designee) will be the Appellate Officer. The Appellate Officer(s) will decide the merits of any appeal and, in doing so, may consult with the Investigator(s), the Title IX Coordinator, and any other individual the Appellate Officer(s) deem appropriate.

      Sanctions of all types (including, but not limited to, any form of suspension, dismissal, or separation from the College) can be imposed, in full or in part, while an appeal is pending at the sole discretion of the Title IX Coordinator.

      The Appellate Officer(s) may 1) deny the appeal and affirm all or part of the determination of responsibility or the determination of sanction or 2) refer the matter back to the Investigator(s) and Title IX Coordinator for further consideration, with specific instruction. In the event of a referral for further consideration, the Title IX Coordinator will be consulted and further proceedings may commence, as appropriate under the circumstances, consistent with Olin’s Sexual Misconduct Policy.

      The decision of the Appellate Officer(s) regarding the appeal will be in writing and is final. The Title IX Coordinator will inform the Parties simultaneously and in writing of the outcome of the appeal.

9. Timeframe for Completion of Investigation and Disciplinary Process

   Olin’s overarching goal is that all complaints be investigated in a prompt, fair, and impartial manner. The U.S. Department of Education (DOE) has made clear that the length of investigations may vary with the complexity and unique factors in each case. Examples of such factors include, without limitation, circumstances in which critical witnesses are unavailable, law enforcement requests that Olin temporarily halt its investigation for a brief period of time, and/or an appeal.

10. Additional Matters
    1. Duty of Truthfulness. All Parties and witnesses are obligated to be completely truthful during the course of the entire process set forth in Olin’s Sexual Misconduct Policy. Any person who knowingly makes a false statement, either explicitly or by omission, in connection with any part of the process, may be subject to separate disciplinary action. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support or refute the allegation of violation of the policy.
    2. Duty of Cooperation. All Parties and witnesses are obligated to cooperate with the Title IX Coordinator and any persons charged with implementing Olin’s Sexual Misconduct Policy and these procedures. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under Olin’s Sexual Misconduct Policy may be subject to separate and/or additional disciplinary action.
    3. Respect for Privacy. Olin values the privacy of individuals involved in the reporting, investigation, and/or resolution of matters subject to Olin’s Sexual Misconduct Policy. The U.S. Department of Education (DOE) has provided guidance indicating that there are situations in which it may be necessary for an institution to override a request for privacy or confidentiality in order to meet its obligations under the law. In the event that circumstances result in Olin overriding a request for privacy or confidentiality to meet its obligations, Olin will do so with the utmost sensitivity and respect for the circumstances and the individuals involved. See Section VI.A.1.

       It is expected that all Parties involved maintain strict confidentiality of any related content or information associated with Title IX proceedings. Failure to do so may constitute an act of retaliation. See section VII.C.9.F below.

    4. Participation in Proceeding. To enable the most accurate and fair review of the facts, the respondent is expected to attend and participate in meetings during the course of an investigation under Olin’s Sexual Misconduct Policy. If an individual chooses not to attend one or more meetings, the allegations will be reviewed on the basis of the information and evidence available, and a decision will be made. Although no inference may be drawn against an individual failing to attend a meeting or remaining silent, the process will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the respondent to attend one or more meetings, to participate in such meeting(s) or to answer the allegations. 

    5. Recording the Proceeding. The Parties are not permitted to make video, audio, or other electronic, photographic, or digital recordings of any meetings or proceedings held under Olin’s Sexual Misconduct Policy or these procedures, including the Investigative Report. The Title IX Coordinator may make exceptions to this prohibition in limited circumstances if they conclude, in their sole discretion, that a recording is warranted, and upon written request of the Party seeking the recording that explains the need for the recording.
    6. Follow-up with Reporting Party. Where the Title IX Coordinator deems appropriate, they may contact the Reporting Party to provide an update on the process, the timing and extent of which will be determined by the Title IX Coordinator and depend upon the nature of the allegations and the situation.
    7. Prohibition against Retaliation. The College will not tolerate retaliation in any form against any persons for their participation or involvement in the reporting, investigation, and/or resolution of matters reported or subject to Olin’s Sexual Misconduct Policy, including retaliation against the Title IX Coordinator. The College will take appropriate steps to prevent and/or address retaliatory conduct immediately. The College includes retaliation in its definition of prohibited conduct under Olin’s Sexual Misconduct Policy. See Section VII.A.
    8. Accommodations for Students with Disabilities. Reasonable accommodations will be provided to an individual with disabilities in accordance with applicable law. An individual with a disability who requires an accommodation for any meeting or process under Olin’s Sexual Misconduct Policy must request an accommodation through the Title IX Coordinator. The Title IX Coordinator, in possible consultation with the Assistant Dean of Student Affairs (student accommodations) or Human Resources (employee accommodations), will make a determination regarding the request and notify the appropriate parities.
    9. Amnesty for Student Reporting Sexual Misconduct. Olin encourages reporting under Olin’s Sexual Misconduct Policy and seeks to remove barriers to reporting. Students may be hesitant to report sexual violence, relationship violence or stalking out of a concern that they, or witnesses, might be charged with violations of Olin’s policy prohibiting the use of drugs or alcohol. While Olin does not condone such behavior, Olin places a priority on the need to address sexual misconduct. Olin, generally, will not hold a student who in good faith reports or is a witness during an investigation responsible under Olin’s Sexual Misconduct Policy. Under limited circumstances, a person who reports conduct under the Sexual Misconduct Policy may be held accountable for their own misconduct if it is determined that 1) the behavior placed the health and safety of any person at risk or 2) if the behavior created a danger to the Olin community. Olin retains the right to require students to attend counseling or drug/alcohol related courses even in circumstances in which disciplinary conduct will not be pursued under Olin’s Sexual Misconduct Policy.
    10. Record Retention. Title IX related files are maintained separately from any other academic, employment or official file at Olin by the Title IX Coordinator. Generally, records will be retained for seven (7) years after the date of an incident unless 1) Olin is mandated to maintain the record in compliance with federal, state, or local law or Olin policy and/or 2) the case resulted in an expulsion, termination or rescission of acceptance, in which case the individuals entire Title IX file will be retained indefinitely.
    11. Special Situations. Olin retains the right to determine, in its sole discretion, if it will address a report of conduct under Olin Sexual Misconduct Policy administratively and outside of the process described herein when the safety of the Olin community is at risk, if the material facts are undisputed, if there are extenuating circumstances involving either of the Parties, or if the Title IX Coordinator, in consultation with appropriate administrators, determines it is in the best interest of the College and/or the community to do so.