Equal Opportunity Policy

Sexual Violence Policy Including: Sexual Harassment, Gender- Based Harassment, Domestic Violence, Dating Violence, and Stalking

**The Equal Opportunity, Diversity, and Affirmative Action Plan contains the entirety of the Sexual Violence Police in section VI, starting on page 16.**

Framingham State University is committed to maintaining safe and healthy learning, living and working environments that are free from all forms of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation. Consistent with this commitment, the University complies with Title IX of the Higher Education Amendment of 1972, which prohibits discrimination and harassment on the basis of sex in education programs and activities, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX. The University does not discriminate on the basis of sex in admission to or employment in its education programs and activities.

This Policy prohibits all forms of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation. These behaviors are antithetical to the University’s educational mission and are prohibited forms of harassment under Title IX. The University provides educational and prevention programs, services for individuals who have been impacted by discrimination and harassment on the basis of sex, and accessible, timely and equitable methods of investigation and resolution of complaints.

This Policy is intended to comply with Title IX, the reauthorized Violence Against Women Act, including the Campus SaVE Act, the Clery Act, and the guidance documents on Title IX issued by the Department of Education’s Office for Civil Rights and the White House Task Force to Protect Students from Sexual Assault.

Policy Purposes
The purpose of this Policy is for the University to educate our campus about sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation, as well as our efforts to prevent, address and remedy all forms of such prohibited conduct.

Accordingly, this Policy:

  • states that sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation are prohibited and will not be tolerated;
  • defines and describes the conduct that is prohibited;
  • explains what to do if one experiences sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation.
  • identifies available on- and off-campus resources;
  • identifies the persons with whom one may speak confidentially;
  • describes all reporting options, including how to file a complaint with the University;
  • specifies the rights of both complainants and respondents; and
  • explains the University’s response to alleged incidents, including how reports of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation are evaluated, investigated and resolved.

Policy Application
This Policy applies to all University community members, including students, faculty, staff, visitors, contractors and applicants for employment or admission, and without regard to a person’s race, color, religion, national origin, age, disability, gender, sexual orientation, gender identity, gender expression, genetic information, marital or parental status, or veteran status. This Policy applies to all University programs and activities, both on and off campus.

Acts of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation that take place off campus may be subject to investigation and disciplinary action under this Policy when the conduct involves behavior by or toward a community member, which (1) occurs during University-sponsored events or the events of organizations affiliated with the University, including study abroad and outside internships; (2) negatively impacts a person’s access to education programs and activities; (3) adversely affects or disrupts the campus community; and/or (4) poses a threat of harm to the campus community.

Title IX
Framingham State University is committed to maintaining safe and healthy learning, living and working environments that are free from all forms of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation. Consistent with this commitment, the University complies with Title IX of the Higher Education Amendment of 1972, which prohibits discrimination and harassment on the basis of sex in education programs and activities, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.

The University does not discriminate on the basis of sex in admission to or employment in its education programs and activities.

Title IX Coordinator
The University has appointed a Title IX Coordinator, in accordance with regulations at 34 C.F.R. Part 106, who has the primary responsibility for coordinating the University’s efforts to comply with and carry out its responsibilities under Title IX.   In this role, the University Title IX Coordinator: administers this Policy; monitors the University’s responsive actions to ensure that the learning, living and working environments are free of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation; and monitors the steps taken to remedy the effects of the misconduct on the complainant(s), including any investigation, resolution or disciplinary proceedings. The University Title IX Coordinator also: provides information about reporting options and support resources; initiates interim protective measures; evaluates requests for confidentiality; coordinates appropriate accommodations; assists persons in filing complaints with law enforcement (when requested); provides or facilitates training for faculty, staff and students; and may investigate complaints. The University’s Title IX Coordinator also serves as the University’s Equal Opportunity Officer (“EO Officer”).   We have appointed Title IX coordinators for specific areas and deputy Title IX coordinators. Anyone with questions, concerns or complaints related to Title IX, sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation, and/or this Policy may contact any of the Title IX coordinators or deputy coordinators.

The names and contact information for the University’s Title IX coordinators and deputy coordinators are:

Kimberly Dexter
Director of Equal Opportunity, Title IX, and ADA Compliance
University Title IX Coordinator
Dwight Hall, room 207
508-215-5859
kdexter@framingham.edu

Dr. Meg Nowak Borrego
Dean of Students
Title IX Coordinator for Students
McCarthy Center, suite 504
508-626-4596
mnowak1@framingham.edu

Carey Eggen
Associate Director of Athletics and Senior Woman Administrator
Title IX Coordinator for Athletics
Athletic Center, Second Floor
508-626-4565
ceggen@framingham.edu

David Baldwin
Associate Dean of Students
Deputy Title IX Coordinator for Students
McCarthy Center, suite 504
508-626-4596
dbaldwin@framingham.edu

Title IX Compliance Team
The Title IX Compliance team is comprised of administrators from student affairs, human resources and legal affairs, University Police, and academic affairs. The team meets monthly to review any pending Title IX complaints, adherence to policy, training initiatives, and education and awareness programs.

Members of the team include:

David Baldwin, Associate Dean of Students
Dr. Meg Nowak Borrego, Dean of Students
Dr. Glenn Cochran, Associate Dean of Students and Director of Residence Life
Kimberly Dexter, Director of Equal Opportunity, Title IX, and ADA Compliance
Carey Eggen, Associate Director of Athletics and Senior Woman Administrator
Ilene Hofrenning, Director of the Health Center
Dr. Lorretta Holloway, VP of Enrollment & Student Development
Jay Hurtubise, Director of Community Standards
Andrew Lipskey, Director of the Counseling Center
Ann McDonald, Chief of Staff and General Counsel
Brad Medeiros, Chief of Police
Erin Nechipurenko, Assistant Vice President of Human Resources
Voices Against Violence Representative

Coordination with the Non-Discrimination, Harassment and Retaliation Policy
Harassment, misconduct or violence related to a person’s sex, sexual orientation, gender identity or expression is sometimes also related to a person’s race, age, disability, or membership in another protected class. Discriminating against or harassing any person on such bases is prohibited by the University’s Policy Against Discrimination, Discriminatory Harassment, and Retaliation. In cases where the alleged conduct implicates both Policies, the University will coordinate its evaluation, investigation and and resolution efforts to address the alleged conduct on all prohibited bases.

Note: While this Policy and the Complaint Investigation and Resolution Procedures identify certain University officers and employees who have particular roles and duties, the University may designate other officers or employees, including but not limited to external investigators, review officers or appellate officers to perform specific roles and/or duties set forth in this Policy or the Complaint Investigation and Resolution Procedures.

Definitions and Examples of Policy Violations
For the purposes of this Policy, the following definitions and terms apply:

1. Sexual Violence
As defined by the U.S. Department of Education’s Office for Civil Rights, sexual violence “refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the [person’s] age or use of drugs or alcohol, or because an intellectual or other disability prevents the [person] from having the capacity to give consent).” All forms of sexual violence are prohibited by the University and Title IX.

a. Rape
Rape is the penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent. Rape is also the performance of oral sex or anal sex on another person without that person’s consent.

b. Sexual Assault
Sexual assault is any kind of sexual physical contact that involves any form of coercion, force or lack of consent. Sexual physical contact includes the intentional touching of another person on an area of the body generally recognized as a private part of the body with any part of another person’s body or any object, no matter how slight, or touching any part of another person’s body with a private part of one’s own body, no matter how slight.  Sexual intercourse means penetration, no matter how slight, of a bodily orifice (vagina, anus, or mouth) by an object or by a body part, and/or non-consensual oral sex or anal sex.

Examples of sexual assault include, but are not limited to:

  • kissing or fondling without consent;
  • rape;
  • advancing sexual activity without consent;
  • ignoring a partner’s objections to sexual activity on one occasion even when consent has been given in the past; and
  • engaging in manipulative, threatening and coercive behavior to obtain consent.

c. Sexual Exploitation
Sexual exploitation is taking sexual advantage of another person for one’s own benefit or the benefit of anyone other than that person without that person’s consent.

Examples of behavior that could rise to the level of sexual exploitation include, but are not limited to:

  • prostituting another person;
  • recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
  • distributing through social media, texting, email or other media images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent.

d. Incest
Incest is sexual intercourse between persons who are related to each other and whose marriage would be prohibited by law. Attempts to commit incest are also prohibited.

e. Statutory Rape
Statutory rape is sexual intercourse with a person who is under the statutory age of consent, which is 16 in Massachusetts. Attempts to commit statutory rape are also prohibited.

f. Aiding in the Commission of Sexual Violence
The aiding or assisting in the commission of an act(s) of sexual violence is prohibited.

Examples of aiding in the commission of violence include, but are not limited to:

  • videotaping a friend having sex with a person who has passed out drunk at a party;
  • helping a friend to drug the friend’s date’s drink; and
  • encouraging students to engage in sexual activity when one knows those students to be incapacitated by drugs or alcohol

g. Affirmative Consent
Consent is an understandable exchange of affirmative words or actions, which indicate a willingness by all parties to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement.

Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. For example, a position of influence could include supervisory or disciplinary authority.

Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to imply consent. While nonverbal consent is possible (through active participation), it is best to obtain verbal consent. Similarly, consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.

h. Incapacitation
An individual who is incapacitated by alcohol and/or drugs both voluntarily or involuntarily consumed may not give consent. Alcohol or drug related incapacitation is more severe than impairment, being under the influence, or intoxication. Evidence of incapacity may be detected from context clues, such as slurred speech, bloodshot eyes, the smell of alcohol on the breath, shaky equilibrium, vomiting, unusual behavior or unconsciousness. While context clues are important in determining incapacitation, they alone do not necessarily indicate incapacitation.

Persons unable to consent due to incapacitation also include, but are not limited to: persons under age 16; persons who are intellectually incapable of understanding the implications and consequences of the act or actions in question; and persons who are physically helpless. A physically helpless person is one who is asleep, blacked out, involuntarily physically restrained, unconscious, or, for any other reason, unable to communicate unwillingness to engage in any act.
The use of alcohol or drugs to render another person mentally or physically incapacitated as a precursor to or part of a sexual assault is prohibited. The use of alcohol, medications or other drugs by the respondent or accused does not excuse a violation of this Policy.

i. Force
Force is the use of physical strength or action (no matter how slight), violence, threats of violence or intimidation (implied threats of violence) as a means to engage in sexual activity. A person who is the object of actual or threatened force is not required to physically, verbally or otherwise resist the aggressor.

j. Coercion
Coercion is unreasonable pressure or emotional manipulation to persuade another to engage in sexual activity. When someone makes it clear that s/he does not want to engage in sexual behavior, or s/he does not want to go beyond a certain point of sexual activity, continued pressure beyond that point can be considered coercive. Being coerced into sexual activity is not consent to that activity.

2. Sexual Harassment

Unwelcome conduct of a sexual nature is prohibited when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; and/or
  • submission to, or rejection of, such conduct by an individual is used as a basis for academic or employment decisions affecting that individual; and/or
  • such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating a sexually intimidating, hostile, or offensive employment, educational, or living environment.

Examples of sexual harassment may include, but are not limited to:

  • repeatedly pressuring another person for sexual activity;
  • making sexist remarks about an individual’s clothing, body or sexual activities;
  • unnecessary touching, patting or pinching another person;
  • demanding sex from a subordinate while making threats concerning the subordinate’s job;
  • demanding sex from a student while making implied threats concerning the student’s grade;
  • electronically transmitting derogatory, demeaning or pornographic materials;
  • posting explicit sexual pictures on an exterior office door or on a computer monitor; and
  • sexually assaulting another person.

Sexual harassment can occur between people of any gender. It can occur between equals (e.g., student to student, staff to staff, faculty to faculty) or between persons of differing power status (e.g., supervisor to subordinate, faculty to student, coach to athlete). It is possible for a person who appears to have the lesser power to commit sexual harassment (e.g., a student harassing a faculty member).   In order for conduct to constitute sexual harassment under this Policy, a reasonable person under similar circumstance would have to conclude that the behavior was harassing or discriminatory.   Reasonable directions or warnings by authorized University personnel as to the time, place and manner in which employees perform their assigned responsibilities, students carry out their educational assignments or program participants engage in sponsored activities do not constitute evidence of sexual harassment under this Policy.

Hostile Environment
A hostile environment exists when sexual harassment is sufficiently serious to deny or limit a person’s ability to participate in or benefit from the University’s programs or activities. A hostile environment can be created by anyone involved in the University’s programs or activities (e.g., administrators, faculty members, students, and campus visitors).
To make the ultimate determination of whether a hostile environment exists for campus community member(s), the University considers a variety of factors related to the severity, persistence, or pervasiveness of the sexual harassment, including:

  • the type, frequency, and duration of the conduct;
  • the identity and relationships of persons involved;
  • the number of individuals involved;
  • the location of the conduct and the context in which it occurred; and, to the degree to which the conduct affected one or more person’s education or employment.

A single or isolated incident 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 show evidence of a hostile environment, particularly if the harassment is physical.

3. Gender-Based Harassment
Unwelcome conduct of a nonsexual nature based on a person’s actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes, is prohibited when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; and/or
  • submission to, or rejection of, such conduct by an individual is used as a basis for academic or employment decisions affecting that individual; and/or
  • such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile, or offensive employment, educational, or living environment based on gender.

Examples of gender-based harassment include, but are not limited to:

  • using derogatory comments and terms toward a male or female who do not act in ways that align with their gender stereotype, such as a male being called names for being interested in the arts or a female being called names for being interested in construction;
  • telling someone to use a restroom that does not align with that person’s gender identity; and
    making generalized derogatory comments about one gender, such as “all females” are ______ or “all males” are _______.
  • While harassment based on non-sexual factors may be distinguished from sexual harassment, these types of behaviors may contribute to the creation of a hostile environment. Thus, in determining whether a sexually hostile environment exists, the University may consider acts of gender-based harassment. In order for conduct to constitute gender-based harassment under this Policy, a reasonable person under similar circumstance would have to conclude that the behavior was harassing or discriminatory.
  • Reasonable directions or warnings by authorized University personnel as to the time, place and manner in which employees perform their assigned responsibilities, students carry out their educational assignments or program participants engage in sponsored activities do not constitute evidence of gender-based harassment under this Policy.
  • The definition of hostile environment provided under the Sexual Harassment section above also applies in the context of gender-based harassment.

4. Domestic and Dating Violence 
Domestic and dating violence are acts of abusive or coercive behavior (physical, sexual, financial, verbal and/or emotional) used by a perpetrator to gain or exercise control over another, including any behaviors that intimidate, manipulate, humiliate, isolate, frighten, threaten, blame, hurt, injure, or wound someone. Domestic and dating violence can occur in relationships between persons of any gender.  Domestic violence is such behavior directed against a current or former spouse, family member (blood, step, adoptive or foster), person with whom a child is shared, or cohabitant (possibly a roommate).  Dating violence is such behavior directed against another person in a social relationship of a romantic or intimate nature, and where the existence of such a relationship is determined based on a consideration of the length and type of relationship and frequency of interaction between the persons involved.

Examples of domestic and dating violence include, but are not limited to:

  • hitting, slapping, punching, kicking, pulling hair or other physical misconduct;
  • isolating a partner from family and friends;
  • destroying a roommate’s personal items;
  • physically assaulting the child of a partner;
  • pursuing sexual activity when a partner is not fully conscious, is not asked, or is afraid to say no, or coercing a partner to have sex without protection;
  • threatening to reveal a person’s sexual orientation without the person’s permission;
  • exhibiting excessive possessiveness and jealousy;
  • constantly belittling or insulting a partner;
  • checking a roommate’s cell phone or email account without permission;
  • demanding that a partner dress or act in a certain way; and/or threatening violence against the victim’s acquaintances, friends, or family members.

5. Stalking 
Engaging in a course of harassing, threatening, or unwanted behavior that would cause a reasonable person to suffer substantial emotional distress or fear for their safety or the safety of others. Stalking may occur in a range of formats including, but not limited to, in-person conduct, writings, texting, voicemail, email, social media, following someone with a global position system (GPS), and video/audio recording.

Examples of stalking behaviors include, but are not limited to:

  • repeated unwanted or unsolicited contact or leaving unwanted gifts or items;
  • posting disturbing messages or threats online;
  • creating, attempting to create, or disseminating unauthorized recordings of another;
  • gathering information about an individual from family, friends, co-workers, and/or classmates, or by electronic means by installing spy-ware on a computer or using GPS;
  • threats in any form about an individual or their loved ones or threats to harm oneself;
  • damaging, stealing, borrowing, or relocating property, trespassing and vandalism;
  • pursuing, waiting, or showing up uninvited at a workplace, residence, classroom, or other locations frequented by an individual; and
  • directing a third party to take any of the above acts.

6. Retaliation
The University prohibits retaliation against any person for making a complaint of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation, for assisting in making a complaint, for resisting or openly opposing such conduct, or for otherwise using or participating in the complaint investigation process under the Policy. Persons who file, or participate in the investigation or resolution of, claims or complaints of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation with outside agencies, law enforcement or otherwise pursuant to any applicable state or federal law, are also protected from retaliation by this Policy.

Prohibited retaliation includes, but is not limited to: threats; intimidation; reprisals; continued harassment or misconduct; other forms of harassment; slander and libel; and adverse actions related to employment or education.  Retaliation can be committed by individuals or groups, including friends, relatives or other associates of the person against whom a complaint is filed. Retaliation, even in the absence of proven sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence or stalking in an underlying complaint, constitutes a violation of this Policy that is just as serious as the main offense itself.  Any person who believes that he or she is the object of retaliation, or any person with questions or concerns about retaliation should contact the University’s Title IX coordinators.

Conduct that is not prohibited
The University is committed to protecting, maintaining and encouraging both freedom of expression and full academic freedom of inquiry, teaching, service and research. Nothing in this Policy shall be construed to penalize a member of the University community for expressing an opinion, theory, or idea in the process of responsible teaching and learning. Any form of speech or conduct, no matter how offensive, unpleasant or even hateful, which is protected by the principles of academic freedom or the U.S. Constitution, is not subject to this policy.

Consensual Relationships
Consensual romantic and/or sexual relationships in which one party retains a direct supervisory or evaluative role over the other party are unethical and create a risk for real or perceived coercion. The University does not intrude upon private choices regarding personal relationships when these relationships do not violate the University’s policy, or cause harm or increase the risk of harm to the safety and well-being of members of the campus community.

1. Faculty/Administrator/Staff Member Relationships with Students
No faculty member shall have a romantic and/or sexual relationship, consensual or otherwise, with a student who is being taught or advised by the faculty member or whose academic work is being supervised or evaluated, directly or indirectly, by the faculty member.  No administrator or staff member shall have a romantic and/or sexual relationship, consensual or otherwise, with a student who the administrator or staff member supervises, evaluates, advises, or provides other professional advice or services as part of a University program or activity.  A romantic and/or sexual relationship, consensual or otherwise, between a faculty member, administrator or staff member and a student is looked upon with disfavor and is strongly discouraged.

2. Relationships Between Supervisors and Subordinates or Between Co-Workers
A consenting romantic and/or sexual relationship between a supervisor and subordinate or co-workers may interfere with or impair the performance of professional duties and responsibilities and/or create an appearance of bias or favoritism.  Further, such relationships could implicate state ethics laws and/or result in claims of discrimination, sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation.  Therefore, such workplace relationships are strongly discouraged.

Resources
The safety, health and well-being of the campus community is of paramount importance to the University. All who experience any form of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation are strongly urged to talk to someone to get the support they need, no matter when or where the incident occurred.
For information on the location, phone numbers, hours and services provided for campus and community resources, you may contact any of the Title IX Coordinators listed at the beginning of this section . Also, please visit the SHAPE (Sexual Health and Assault Prevention and Education) web site.

a. Immediate Needs: Assuring One’s Safety and Preserving Evidence
If an incident occurs, the University encourages victims to report the incident and seek both police and medical assistance. Seeking police or medical assistance does not obligate a victim to make a complaint or take any further action, but the decision to seek medical help and gather evidence allows victims to preserve the full range of available options. The University will assist any community member to get to a safe place, provide transportation for medical help and, if requested, contact law enforcement. For 24/7 help, contact Campus Police at 508-626-4911, or contact the Title IX Coordinator during normal University hours.

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 a crime or to obtain a protection order from the court. After an incident occurs, one should try to refrain from bathing, showering, brushing teeth, drinking, eating, douching or changing clothes until the evidence can be collected. If one changes clothes, one should place each garment in a separate paper (not plastic) bag. If the incident involves any written or electronic communications (e.g., pictures/videos, texts, social media posts, etc.), take care to preserve copies and not delete the originals.

b. Confidential Medical Attention
Medical attention is strongly encouraged to treat any possible injuries, including internal injuries, or infections. Please note that there are some medical actions that are more effective if taken within a few days after an offense, such as preventative treatment for pregnancy and sexually transmitted infections, evidence collection, and toxicology testing if there are signs that drugs or alcohol facilitated the offense. Generally one may discuss the incident with licensed medical personnel on a confidential basis.

Confidential Medical Resources On Campus: Students may access the services of the Student Health Center on a confidential basis.
Confidential Community Medical Resources: Sexual Assault Nurse Examiners (SANEs) are specially trained, certified professionals skilled in performing quality forensic medical-legal exams. One may find more information about SANE services and where to obtain them at their web site.

c. Confidential Counseling and Support
Generally, one may discuss the incident with a licensed mental health counselor or a counselor recognized by a religious order or denomination on a confidential basis.  These counselors are good options if one wishes to discuss one’s situation with someone who can keep one’s information as confidential as possible while assisting one to determine what additional steps to take, such as obtaining further counseling, seeking medical attention, preserving evidence, and/or reporting to University or law enforcement authorities then or at a later time.  Confidential Counseling and Support Resources On Campus: Students may access the services of Counseling Center or Campus Ministry on a confidential basis.
Confidential Community Counseling and Support Resources: Many off-campus counseling resources are available.  These service providers are not required to report any information to the University and will generally maintain one’s confidentiality.

On Campus Resources
Rape Crisis Centers
Commonwealth Resources for Sexual and Domestic Violence

d. Non-Confidential Campus Resources
The University offers a variety of resources to those community members who have experienced or been affected by sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation. While the following resources are not bound by confidentiality, they will maintain one’s privacy within the limited group of University personnel necessary to address the issues of prohibited conduct presented:

1. Title IX Coordinator (and Deputies)
2. EO Officer
3. University Police
4. Human Resources
5. Residence Life Staff
6. Student Affairs Staff
7. Disability Services
8. Chief Diversity and Inclusion Officer
9. Assistant to the University President

Reporting Options
The University strongly encourages all who have experienced sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation to report the incident so that the University can provide support and pursue an appropriate resolution. The University prohibits and will not tolerate retaliation against anyone who makes a report.

Victims have several options for reporting:

  • Confidential Reports, Non-Confidential Reports and Making No Report.
  • If the University receives a report of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation, it must investigate the report. If you are unsure of someone’s duty to report or ability to maintain privacy, you can ask them before reporting an incident. They will be able to explain if they are required to make a report, and they can identify others who can help.
  • All parties and witnesses to incidents of such prohibited conduct have reasonable expectations of privacy in matters reported and investigated under this Policy. The University wants all community members to seek the assistance they need without fear that their private information will be shared more broadly than they would like. Federal and state laws, however, impose reporting obligations on certain University employees that, under some circumstances, require those employees to share information about an incident of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation with others at the University. Even when these employees have an obligation to report, they will protect the privacy of the reporter to the greatest extent possible and share information on only a need-to-know basis.
  • When a person makes a report, a University employee or official will try to ensure that the person is informed of their reporting obligations, and they will direct the person to Confidential Resources to whom one may make a private report. If you would like assistance in making a report, please contact the Title IX Coordinator.

a. Confidential Reporting Options
Clergy, Pastoral Counselors, Licensed Medical and Mental Health Providers
One may report sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation in confidence to licensed mental health counselors, licensed health care personnel, pastoral counselors or clergy who work for the University. Except in rare, extreme circumstances (e.g., risk of immediate harm or abuse of a child), these individuals will share nothing without permission.  Even if one does not wish to make a complaint, these individuals can help one to obtain support services and provide information about options. Please bear in mind, however, that if one requests certain protective interim measures from the University, (e.g., extension for academic work or changing classes, residence halls or work locations-see Section H), the Dean of Students and/or other University officials, as necessary, may be contacted only for the purpose of providing the requested measures. In such cases, one’s privacy will be maintained to the extent that maintaining confidentiality will not impair the University’s ability to provide the requested measures.  One may also confidentially report sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation to community support resources, which are not required to share information with the University.

b. Anonymous Reporting
One may file an anonymous report (without including personal identification) with the Title IX Coordinator. Anonymous reports will typically be used only for statistical data collection under the Clery Act, will be kept confidential, and will not be used to initiate an investigation or a complaint except: (1) when necessary to comply with applicable law; or (2) to protect the health and safety of the campus community.

c. Non-Confidential Reporting Options
1. Campus Reporting Options
If one wishes to report sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation to the University, one may notify a Title IX Coordinator or a Deputy Title IX Coordinator, University Police, Human Resources Director, the Dean of Students or the Associate Dean. Upon receipt of a report, the University will conduct appropriate follow-up to ensure that one has access to support, services, safety measures, and accommodations. One may also request a criminal investigation through University Police, who will assist in contacting the appropriate law enforcement agency that has jurisdiction (see below for more information on Criminal Reporting Options).

The University recognizes that one may feel most comfortable disclosing an incident to a University employee that one knows well, such as a resident advisor, coach or faculty member. Pursuant to Title IX, however, certain employees are required, under nearly all circumstances, to report incidents to the Title IX Coordinator. These employees, known as “Responsible Employees” or “REs” are those with supervisory responsibilities or the authority to address or remediate sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation, or whom a student might reasonably believe has such supervisory responsibility or authority.

The University encourages victims to speak with an RE so that the incident can be investigated and properly resolved. When one makes a report to an RE, the University will undertake a prompt, thorough and fair investigation, and resolve the matter in accordance with the procedures in this Policy. The REs at the University include persons holding the following positions:

Members of the Board of Trustees;
The President and Vice Presidents;
Assistant/Associate Vice Presidents;
Title IX Coordinator/ Deputy Coordinators;
EO Officer;
University Police;
Institutional Security Officers;
Assistant Vice President and Assistant Director of Human Resources;
Departmental Directors and Assist./Assoc. Directors ;
Residence Life Staff (including RDs and RAs);
Athletic Coaches, Assistant Coaches and Athletics Administrators;
Studio Managers
Lab Managers
Deans and Assistant/Associate Deans
Academic Department Chairs;
Academic and Non-Academic Program Directors/ Coordinators;
Faculty/Staff Leading or Chaperoning Travel or Overnight Trips; and
Faculty/Staff Advisors to Student Organizations.

Once an RE receives the report, the University is “on notice” of the incident and the University is then required, under most circumstances, to investigate. If one makes a report to an RE, however, only the people who need to know about the report will be told. Personal information will be shared only as necessary, and consistently with state and federal law:

(1) with Administrative Investigators, witnesses, and the accused;
(2) with other University officials to provide interim measures or accommodations; or
(3) when required to be disclosed by law.

Whenever possible, REs will disclose their duty to report incidents before someone reveals information about an incident. REs will also inform a person making a report of their option to make a confidential report on campus, and where to obtain support services.  Additionally, University employees who are designated as Campus Security Authorities (“CSAs”) for the purposes of the Clery Act must provide Campus Police with non-identifying statistical victim information regarding all reported incidents of sexual assault, dating violence, domestic violence and stalking. This statistical information is used by the University to compile the Annual Security Report, and by Campus Police for purposes of advising the campus of any potential safety risks or concerns.
Accordingly, unless a University employee or official is identified as a Confidential Resource above (a) most other University employees and officials who receive reports of incidents of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation are required to report them to the Title IX Coordinator.

2. Criminal Reporting Options
Victims may file a criminal complaint with University Police and/or the local police department where the incident occurred. Victims can make both a criminal report and a report to the University; one does not have to choose one or the other.   The University encourages victims to report incidents to the police so that the police can take appropriate measures to help victims and prevent future crimes. If one would like assistance in filing a report with local law enforcement, University Police will help.  Victims are never required, however, to report an incident to University Police or local law enforcement. If a victim elects not to make a criminal report, the University will respect that decision to not report the incident to the police.   If a victim chooses to make a report to University Police, the Department will conduct an investigation and, if wished, assist the victim in filing criminal charges against the alleged offender. University Police can also assist a victim in the process of obtaining protective restraining orders and abuse prevention orders for relationship/domestic violence. The Department has specially trained officers to respond to complaints of sexual assault and domestic violence, and, whenever possible, University Police will make every effort to offer female victims/survivors an opportunity to have a female officer present during all interviews. University Police also helps the University to evaluate, investigate and resolve complaints under this Policy, and University Police assists in protecting the safety of complainants.

3. Governmental Reporting Options
If one wishes to file a complaint of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation outside of the University or in addition to a complaint filed under the University’s Complaint Investigation and Resolution Procedures, the following agencies may provide additional resources:

U.S. Department of Education,
Office for Civil Rights
33 Arch Street, 9th Floor
Boston, MA 02119-1424
(617) 289-01111, TDD (877) 521-2172
Email: OCR.Boston@ed.gov

U.S. Department of Justice
Office on Violence Against Women
145 N St., NE, Suite 10W.121
Washington, D.C. 20530
(202) 307-6026
Fax: (202) 305-2589
Email: ovw.info@usdoj.gov

Persons who have questions or who wish to file a complaint of gender discrimination or sexual harassment under state law may contact the Massachusetts Commission Against Discrimination:

Boston Office:
One Ashburton Place,
Rm. 601
Boston, MA 02108
(617) 727-3990

Springfield Office:
424 Dwight Street, Rm. 220
Springfield, MA 01103
(413) 739-2145

Worcester Office:
Worcester City Hall
455 Main Street, Rm. 101
Worcester, MA 01608
(508) 799-8010

New Bedford Office:
800 Purchase Street, Rm. 501
New Bedford, MA 02740
(508) 990-2390

4. Third Party Reporting
Anyone may make a report of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation against another member of the campus community or a person affiliated with the University by contacting the Title IX Coordinator, Campus Police or another Responsible Employee.

5. Unknown/Non-University Offenders
If one does not know the identity of an alleged offender, or if the alleged offender is not a member of the campus community, the University will assist a victim in identifying appropriate resources or local authorities if the victim wishes to file a report. In addition, the University may investigate to the fullest extent possible and take other actions to protect the University community.

d. Making No Report
Victims have the right not to make a report to anyone. The University, however, strongly encourages victims to seek medical attention, counseling and support. Victims are always welcome to file a report at a later date, but please note that a delay in reporting could weaken the evidence necessary to determine whether the accused is found responsible for committing an act of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation.

Amnesty
Students may be hesitant to report sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation out of concern that they, or witnesses, might be charged with violations of the University’s drug/alcohol policies. While the University does not condone such behavior, it places a priority on the need to address sexual violence and misconduct. Accordingly, the University may elect not to pursue discipline against a student who, in good faith, reports, witnesses, or possesses personal knowledge of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation. Please see page 98 for the University’s medical amnesty policy.

Timeframe for Reporting
The University does not limit the timeframe for filing a complaint under this Policy. While reports may be made at any time, complainants are reminded that the more time that passes from the time of the incident, the more difficult it is for the University to obtain information and contact witnesses, and the alleged respondent may no longer be affiliated with the University.

False Charges
The filing of a knowingly false report of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation is a serious offense prohibited by this Policy. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support the allegation of prohibited conduct. If an investigation reveals that a complainant knowingly filed false charges, the University shall take appropriate actions and issue sanctions pursuant to other applicable University policies, including any applicable collective bargaining agreement. The imposition of such sanctions does not constitute retaliation under this Policy.

Privacy and confidentiality: Additional considerations
a. Requests for Confidentiality or for No Investigation
If a victim discloses an incident of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation, but requests that the University maintain confidentiality or that no investigation or disciplinary action occur, the University will weigh the request against its obligation to provide a safe, non-discriminatory environment for its entire community, including the victim, and its obligation to comply with applicable laws. It is important to understand that the University’s ability to meaningfully investigate an incident and pursue disciplinary action against the alleged perpetrator(s) may be limited if the University honors a confidentiality or no investigation request.

In consultation with University Police and other University personnel as necessary, the Title IX Coordinator will evaluate a request for confidentiality or that investigation/discipline occur by considering a range of factors including, but not limited to, whether:

• there have been other similar complaints about the same alleged perpetrator;
• the alleged perpetrator has a history of arrests or records indicating a history of violence;
• the alleged perpetrator threatened any further violence against the victim or others;
• the misconduct was committed by multiple perpetrators;
• the act was perpetrated with a weapon;
• the alleged perpetrator holds a position of power over the victim;
• the victim is a minor;
• the University possesses no other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence);
• there appears to be a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group; and/or
• other circumstances indicating an increased risk of violence or harm.

The presence of one or more of these factors could lead the University to investigate and/or pursue discipline. The University will inform the victim prior to starting an investigation and will, to the extent possible, share information with only the people responsible for handling the University’s response.   The University may not require a victim to participate in any investigation or disciplinary proceeding. If none of the factors listed above are present, the University will likely honor the victim’s request for confidentiality. It will also take interim measures as necessary to protect and assist the victim. In this circumstance, the University will consider broader remedial action, such as increased monitoring, supervision or security, increased or targeted education or prevention measures, conducting climate assessments/victimization surveys, and/or revisiting its policies and practices.  In the event that the victim requests that the University inform the alleged perpetrator that the victim asked the University not to investigate or seek discipline, the University will honor this request and inform the alleged perpetrator that the University made the decision to go forward.

b. Privacy for Respondents Who Are Students
A student’s right to privacy is primarily governed by the Family Educational Rights and Privacy Act (“FERPA”), which provides that personally identifiable information maintained by the University in students’ educational records may not be disclosed except with the consent of the student or as otherwise specified by law.

c. Disclosures Made At Public Awareness Events
Public awareness events such as “Take Back the Night”, the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which individuals disclose incidents of sexual violence or relationship violence are not considered notice to the University and do not trigger an obligation to investigate any particular incident(s). Such events may, however, inform the University’s education and prevention efforts.

d. Statistical Reporting and Timely Warnings Under The Clery Act
The Clery Act requires Universities to maintain a daily log of reports of crimes that occurred on campus, University-controlled property, or public property immediately adjacent to campus, including reports of sexual assault, domestic or dating violence and stalking (see page 30). The University must also publish an Annual Campus Crime Report concerning reported incidents. Names or other personally identifying information are not included in the daily logs or the Annual Security Reports.  Additionally, when the University becomes aware that an incident of sexual misconduct or violence occurred, and there is a potential for bodily harm or danger to members of the campus community, the University will issue a timely warning to the campus. While the University will provide enough information to safeguard the campus community, a victim’s name or other personally identifying information will not be disclosed in the timely warning.

Protective interim measures
The University is committed to supporting victims by providing the necessary crisis intervention, safety and support services, and academic accommodations throughout the investigation and resolution process. The University wants all community members to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational or employment opportunities. The University also wants victims to understand their reporting options and how to access available interim measures. The University encourages victims of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation to report incidents to the Title IX Coordinator or any Responsible Employee with whom the victim feels comfortable.

Victims may obtain protective interim measures by either (1) reporting the incident to the Title IX Coordinator or other Responsible Employee and requesting interim measures, or (2) disclosing the incident to a counselor, who in turn can request interim measures on the victim’s behalf from the University.   If a victim elects to confidentially disclose an incident to a counselor and also seeks protective interim measures from the University, the counselor may ask the victim to sign a release specifying the information that may be shared with the University. In accordance with the University’s practice of allowing counselors to seek such measures for victims of trauma without requiring that the nature of the trauma be disclosed, the University will not require a counselor to disclose that sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation is the basis for the request. Additionally, if a victim does not wish for the University to investigate or otherwise notify the alleged respondent of the reported incident, a counselor may still request protective interim measures on behalf of the victim. In such cases, the Title IX Coordinator will consider whether the University can honor the request for confidentiality or no investigation while still providing a safe and nondiscriminatory environment for the campus.

Upon receipt of a report or request for protective interim measures, the University will provide the victim, or the victim’s counselor, with a written explanation of the interim measures available, and shall ask victims, or their counselors, which measures are sought. Some possible interim measures are listed below, and the University determines which measures are appropriate for each victim on a case-by-case basis. Not all of the measures listed below will be necessary to keep every victim safe and ensure their equal access to University programs and activities. If the victim or counselor requests an interim measure that is not already provided by the University, it will consider whether the request can be granted. In cases where interim measures affect both the victim and the alleged respondent, the University will minimize the burden on the victim wherever appropriate.
The University will maintain as confidential any accommodations or protective interim measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the accommodations or protective interim measures.

The University may provide one or more of the following protective measures:

  • “no communication” orders;
  • escorts to ensure safety while moving between locations on campus;
  • changes in academic or work schedules;
  • alternative housing, dining and/or office accommodations;
  • restrictions from areas of campus;
  • medical and/or mental health services;
  • assistance in identifying an advocate to help secure additional assistance, such as off-campus and community advocacy, support and services; and/or
  • academic accommodations, such as:
  • -> transferring to another section of a course, lecture or lab; -> rescheduling an academic assignment or test;
  • -> arranging for incompletes, a leave of absence, or withdrawal from the University; and -> preserving eligibility for academic, athletic, or other scholarships,
  • financial aid, internships, study abroad, or foreign student visas.

The University may also separate a student on an interim basis or place an employee on paid administrative leave prior to completing an investigation under this Policy when it reasonably concludes that the person:

  • poses a threat to health or safety;
  • poses a threat to University property or equipment;
  • is disruptive or interferes with an investigation under this Policy or the normal operations of the University; or
  • is charged with a serious violation of state or federal law.

The University shall provide the specific reason(s) for the interim action. During an interim action, the University reserves the right to prohibit the person from entering upon the University’s property or participating in any University activities absent written authorization from an appropriate University official. When a person has been placed on interim separation or paid leave of absence, the University will make reasonable efforts to complete the investigation process in an expedited manner. The failure of a person to comply with an interim separation, temporary leave or other interim measure is a violation of this Policy and may lead to additional disciplinary action.  Additionally, in some circumstances, a victim may wish to seek an order of protection from a court or appropriate jurisdiction against the alleged perpetrator. In these circumstances, University Police will assist individuals in their attempt to secure these orders. Individuals may also seek restriction of access to the University by non-students or non-employees when appropriate

Written Notification of Rights, Options, Available Resources, Services and Information
The University will provide written information to community members regarding counseling, medical and mental health services, disability accommodations, victim advocacy, legal assistance, visa and immigration assistance, and other services available on and off campus. In addition, the University will provide notification to victims of their rights and options set forth in this Policy, including, but not limited to, options for, protective interim measures, regardless of whether the victim chooses to report the crime to the police or file a complaint with the University.

The University will notify complainants alleging sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation in writing that they have the following rights:

  • to an explanation of the options available;
  • to referrals to confidential assistance and support services from both on- and off-campus resources, including 24 hour services;
  • to a change in on-campus residence and/or an adjustment to their academic schedule if such changes are reasonably available;
  • to request that the University impose no contact/communication orders or other interim measures;
  • to make a complaint that starts the University’s investigation and resolution processes;
  • to a prompt, thorough and equitable investigation and resolution of a complaint;
  • to choose whether or not to initiate a formal investigation of the complaint, unless the University deems it necessary to investigate to protect the safety of the community or in compliance with applicable law;
  • to the confidentiality of the investigation process to the extent possible (see Privacy and Confidentiality on page 128); to an advisor of one’s choice who will assist and be present at any time during the investigation proceedings, but who may not participate in or otherwise provide representation in any way throughout the process;
  • to reasonable accommodations for a documented disability during the process;
  • to know, in advance, the names of all persons known to be involved;
  • not to have irrelevant sexual history discussed;
  • to be present at meetings and review documents;
  • to speak and present information on one’s own behalf;
  • to submit questions for the Administrative Investigator to ask witnesses;
  • to know the status of the case at any point during the process;
  • to be informed of the outcome of the process in a timely manner;
  • to an appeal from the outcome of the process;
  • to file no complaint with the University, but receive support services from the University;
  • to file a police report and/or take legal action separate from and/or in addition to the University discipline process;
  • to seek and enforce a no contact, restraining or similar court order; to be assisted by the University in seeking assistance from or filing a complaint with local law enforcement;
  • to not file a complaint or seek assistance from local law enforcement, but receive support services from the University;
  • to be free from any behavior that may be construed by the University to be intimidating, harassing or retaliatory; and
  • to have the matter handled in accordance with University Policy.

Respondents to claims of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and/or retaliation have the following rights:

  • to an explanation of the allegations against them;
  • to referrals to confidential assistance and support services from both on- and off-campus resources, including 24 hour services;
  • to receive a copy of the complaint filed against them;
  • to be presumed not in violation of University policy until a violation is established through the complaint investigation process;
  • to the confidentiality of the investigation process to the extent possible (see Privacy and Confidentiality on page 128);
  • to an advisor of one’s choice who will assist and be present at any time during the investigation proceedings, but who may not participate in or otherwise provide representation in any way throughout the process;
  • to reasonable accommodations for a documented disability during the process;
  • to know, in advance, the names of all persons known to be involved;
  • not to have irrelevant sexual history discussed;
  • to be present at meetings and review documents;
  • to speak and present information on one’s own behalf;
  • to submit questions for the Administrative Investigator to ask witnesses;
  • to know the status of the case at any point during the investigation and resolution process;
  • to be informed of the outcome of the process in a timely manner;
  • to an appeal from the outcome of the process;
  • to be free from any behavior that may be construed by the University to be intimidating, harassing or retaliatory; and
  • to have the matter handled in accordance with University Policy.

Note: In some circumstances, a complaint alleging an act of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation may also allege conduct that may constitute a potential violation of other University conduct policies.  To avoid duplicative efforts, the University may undertake a joint investigation of the conduct of concern.  Based on the findings of the joint investigation, the respondent may be subject to disciplinary action for violations of the Sexual Violence Policy and/or the Student Code of Conduct, as well as other policy violations.

Independent Investigations
At any time, the University, at its discretion, may conduct an investigation independent of, or in addition to, the procedures described in this Policy. The investigation may involve complaints or allegations of violence, or concerning violations of Title IX, VAWA and/or the Clery Act against the University, or any of its employees or students. Any such independent investigation will comply with the requirements of Title IX, VAWA and/or the Clery Act, as applicable.

Compliance Concerns
All are encouraged to report any concerns about the University’s handling of a sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation investigation to the University’s Title IX Coordinator. Individuals may also report concerns about the University’s handling of such investigations to:

U.S. Department of Education
Office for Civil Rights
33 Arch Street, 9th Floor
Boston, MA 02119-1424
Telephone: (617) 289-0111
FAX: 617-289-0150; TDD 877-521-2172
Email: OCR.Boston@ed.gov

Massachusetts Legal Definitions
Alleged incidents of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation are determined by the language of this Policy rather than by the provisions of the criminal laws of Massachusetts. However, community members who believe they have been the victim of a crime may choose to pursue a criminal investigation through local law enforcement. In those instances, the criminal laws will apply. Here are the definitions of Massachusetts crimes related to the conduct prohibited by this Policy:

A. Sexual Assault
Massachusetts uses the term “rape.” The definition encompasses:
(1) the penetration of any orifice by any body part or object
(2) by force (or threat) and
(3) without consent.

Rape also includes instances where the victim is incapacitated (“wholly insensible so as to be incapable of consenting”) and the perpetrator is aware or should have known of the incapacitation. Relatedly, under M.G.L. c. 268, § 40, a person who knows that an individual is a victim of an aggravated rape and is at the scene of the crime, must report the crime to law enforcement as soon as is reasonably practicable.

B. Domestic Violence
Section 1 of M.G.L. c. 209A defines domestic abuse as “the occurrence of one or more of the following acts between family or household members:
(a) attempting to cause or causing physical harm;
(b) placing another in fear of imminent serious physical harm;
(c) causing another to engage involuntarily in sexual relations by force, threat or duress.”

For the purposes of Chapter 209A, “family or household members” are defined as persons who:
(a) are or were married to one another;
(b) are or were residing together in the same household;
(c) are or were related by blood or marriage;
(d) have a child in common regardless of whether they have ever married or lived together; or
(e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts’ consideration of the following factors:
(1) the length 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.

Section 13M of M.G.L. c. 265 prohibits assault and/or assault and battery against family or household members, which is defined as: “persons who:
(i) are or were married to one another,
(ii) have a child in common regardless of whether they have ever married or lived together or
(iii) are or have been in a substantive dating or engagement relationship.”

In determining whether Section 13M applies to a particular relationship, the courts shall consider 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 that has elapsed since the termination of the relationship.

C. Dating Violence
While Massachusetts does not have a law concerning dating violence, conduct may constitute an assault or assault and battery under M.G.L. c. 265, § 13A. An assault or an assault and battery:
(i) upon another and [the perpetrator] by such assault and battery causes serious bodily injury;
(ii) upon another who is pregnant at the time of such assault and battery, [the perpetrator] knowing or having reason to know that the person is pregnant; or
(iii) upon another who [the perpetrator] knows has an outstanding temporary or permanent vacate, restraining or no-contact order or judgment issued pursuant to [applicable law], in effect against him at the time of such assault or assault and battery.” https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section13a Section 13M of M.G.L. c. 265 prohibits assault and/or assault and battery against family or household members, which is defined as: “persons who:
(i) are or were married to one another,
(ii) have a child in common regardless of whether they have ever married or lived together or
(iii) are or have been in a substantive dating or engagement relationship.”
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section13m
https://malegislature.gov/Laws/SessionLaws/Acts/2014/Chapter260

In determining whether Section 13M applies to a particular relationship, the courts shall consider 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 that has elapsed since the termination of the relationship.”

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section13m
Section 15D of M.G.L. c. 265 prohibits the strangulation or suffocation of another person.
https://malegislature.gov/Laws/SessionLaws/Acts/2014/Chapter260

D. Stalking
Section 43 of M.G.L. c. 265 defines “stalking” as: “
(1) willfully and maliciously engages 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
(2) makes a threat with the intent to place the person in imminent fear of death or bodily harm.”

E. Consent
There is no definition of the term “consent” in the Massachusetts General Laws. Massachusetts courts use the term “against his/her will” which means without consent. Cases have held that consent cannot be compelled or induced by force or threats, and consent is not present when the victim is incapacitated. In other words, consent requires a voluntary agreement demonstrated by words or actions, by a person with sufficient mental capacity to make a conscious choice to do something proposed by another, free of duress. Commonwealth v. Lopez, 433 Mass. 722 (2001), Commonwealth v. Lefkowitz, 20 Mass. App. Ct. 513 (1985); see also:
http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section22