Consent

  • An understandable exchange of affirmative words or actions, which indicates a willingness by all parties to participate in mutually agreed upon sexual activity. Consent must be informed and freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.

    Whether an individual has taken advantage of a position of influence over a Complainant may be a factor in determining consent. 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    Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.

Intimate Partner Violence

Intimate partner violence, sometimes also called relationship violence, and including domestic and dating violence, includes 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. Intimate partner violence can occur in relationships between persons of any gender.

  • 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.

Domestic violence

Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Dating violence 

Any act of violence or threatened violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) The type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. This includes, but is not limited to, sexual, emotional or physical abuse, or the threat of such abuse.

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.

 

Gender-based harassment is prohibited under the University's Policy Against Discrimination, Discriminatory Harassment, and Retaliation.

  • 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.
  • 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 _______. 

Retaliation

Adverse employment or educational action against any person making a complaint of discrimination, sexual assault, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking and retaliation, assisting in making a complaint, resisting or openly opposing such conduct, or 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 assault, 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.

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 discrimination, sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence or stalking in an underlying complaint, constitutes a policy violation that is just as serious as the main offense itself.

Retaliation is prohibited under the University's Title IX Sexual Harassment Policy as well as the University's Policy Against Discrimination, Discriminatory Harassment, and Retaliation.

  • threats; 
  • intimidation; 
  • reprisals; 
  • continued harassment or misconduct; 
  • other forms of harassment; 
  • slander and libel; 
  • adverse actions related to employment or education.

Sexual Assault

An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Attempts to commit any of these acts are also prohibited.

Sexual Assault is prohibited by the University's Title IX Sexual Harassment Policy.

The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person without the consent of the victim (or attempts to commit the same). This includes any gender of victim or Respondent.

Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances in which the victim is incapable of giving consent because of age and/or because of temporary or permanent mental incapacity.

Sexual intercourse with a person who is under the statutory age of consent, which is 16 years old in Massachusetts.

Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Sexual Harassment

Sexual harassment is prohibited under the University's Title IX Sexual Harassment Policy as well as the University's Policy Against Discrimination, Discriminatory Harassment, and Retaliation.

Conduct on the basis of sex that satisfies one or more of the following conditions:

  • An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; or,
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.

Policy Against Discrimination, Discriminatory Harassment, and Retaliation Definition:

  • it is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating or hostile; OR
  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; OR
  • submission to, or rejection of, such conduct by an individual is used as a basis for academic or employment decisions affecting that individual.

Sexual Exploitation

Sexual exploitation is a form of sexual harassment and 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.

Sexual harassment, and therefore sexual exploitation, is prohibited by the University's Title IX Sexual Harassment Policy and the Policy Against Discrimination, Discriminatory Harassment, and Retaliation.  The specific conditions of the alleged behavior would determine which policy(ies) have jurisdiction.

  • 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.

Stalking

Engaging in a course of conduct directed (directly, indirectly, through a third party or other means) at a specific person that would cause a reasonable person to— (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. For the purposes of this Policy, the behaviors must be directly related to that person’s sex.

  • in-person conduct, 
  • writings, texting, 
  • voicemail, 
  • email, 
  • social media, 
  • following someone with a global position system (GPS), and 
  • video/audio recording.