Equal Opportunity Office Effective Date: Definitions and Examples III. Campus and Community Resources V. Reporting Sexual Misconduct VI.
Prevention and Education IX. Resources and Support XI. Confidentiality Protections and Reporting Obligations. Statement of University Values. Boston University is committed to fostering an environment that is free from all forms of sexual misconduct, including sexual Sexual harassment definition title ix training and sexual harassment.
In support of that commitment, BU takes steps to increase awareness of such misconduct, eliminate its occurrence on campus, provide support for survivors, diligently investigate all reports Sexual harassment definition title ix training sexual misconduct, and deal fairly and firmly with offenders. Creating a safe campus environment and a culture of respect is the shared responsibility of all members of the BU community, individually and collectively.
The University complies with all state and federal discrimination
Sexual harassment definition title ix training, including Title IX of the Higher Education Amendments ofthe federal law that prohibits discrimination on the basis of sex in education programs and Sexual harassment, sexual assault, sexual exploitation, stalking, and relationship violence are all forms of sexual misconduct prohibited by law and this Policy.
Section II defines prohibited conduct and includes scenarios illustrating misconduct. Section III provides additional definitions of important concepts such as consent, incapacitation, and force. Finally, Section X provides the contact information for campus and community resources and Section XI describes the reporting obligations of various University offices.
Scope of the Policy and Procedures. This Policy is intended to provide the Boston University community with a clearly articulated set of behavioral standards, and definitions of prohibited conduct and key concepts. The Policy applies to all community members, including students, faculty, staff, affiliates, visitors, applicants for admission or employment, and independent contractors.
Vendors and others who conduct business with the University or on BU property are also expected to comply with this Policy. This Policy applies both to on-campus and conduct if i the conduct was in connection with a University or University-recognized program or activity, or ii the conduct may have the effect of creating a hostile environment for a member of the BU community.
Section XI includes a list of on-campus resources available to those affected by sexual misconduct and the extent to which such resources have reporting obligations or may maintain the confidentiality of report of sexual misconduct. The University encourages anyone coping with such a situation to seek help and support. Boston University is committed to establishing and maintaining an environment free of all forms of discrimination and harassment for all members of the University community.
The University prohibits discrimination against any person on the basis of race, color, religion, sex, age, national origin, physical or mental disability, sexual orientation, gender identity or expression, genetic information, military service, or because of marital, parental, veteran status, or any other protected class.
The University does not discriminate on the basis of sex in its educational, extracurricular, athletic, or other programs, or in the context of employment. Sexual misconduct, including sexual harassment as defined Sexual harassment definition title ix training this Policy, is a form of sex discrimination prohibited by Title IX of the Education Amendments ofa federal law that provides that:. No person in the United States shall, on the basis of Sexual harassment definition title ix training, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Targeting a person on the basis of these characteristics is also a violation of state and federal law and University policy. Under these circumstances, the University endeavor to coordinate the investigation and resolution efforts of sexual misconduct complaints with the investigation and resolution of complaints of discrimination or harassment based on other protected classes.
It is a violation of University policy as well as applicable law to commit or to attempt to commit these acts. Sexual misconduct can occur between strangers or acquaintances, or people who know each other well, including between people who are or have been involved in an intimate or sexual relationship. It can be committed by anyone, regardless of gender or gender identity, and can occur between people of the same or different sex or gender. This Policy prohibits all forms of sexual misconduct.
Sexual Assault including Rape. Sexual assault includes, but is Sexual harassment definition title ix training limited to:. See Section Sexual harassment definition title ix training for the definitions of consent, incapacitation, and force. Definition of Sexual Harassment. Sexual Harassment is unwelcome conduct of a sexual nature that has the effect of creating a hostile or stressful living, learning, or working environment, or whenever toleration of such conduct or rejection of it is the basis
Sexual harassment definition title ix training an academic or employment decision affecting an individual.
The following non-exhaustive list includes examples of behavior that could be considered sexual harassment:. Stalking is a course of conduct involving more than one instance of inappropriate and unwanted attention, harassment, threatening or intimidating physical or verbal contact, or any other course of conduct directed at a person that could be reasonably regarded as likely to alarm or place that person in fear of harm or injury, including physical, emotional, or psychological harm.
This includes the use of technology to pursue, harass, threaten, intimidate, or otherwise make unwelcome contact with another person. Stalking may involve people who are known to one another or have an intimate or sexual relationship, or may involve people not known to one another.
Stalking is prohibited by Massachusetts law.
Stalking can also constitute a violation of this Policy when the conduct involves a Boston University student or employee and is gender-based. The following persistent, unwanted, and repeated harassing conduct may constitute stalking:. Definition of Relationship Violence.
Relationship violence is abuse, violence, or intentionally controlling behavior between partners or former partners involving one or more of the following elements: Relationship violence can occur in all
Sexual harassment definition title ix training of relationships e. Relationship violence may a violation of this Policy when it involves a Boston University Sexual harassment definition title ix training, faculty or
Sexual harassment definition title ix training member, and the conduct is gender-based.
Retaliation can be committed by any person or group of persons, not just a respondent. Retaliation may include continued abuse or violence, other forms of harassment, and slander and libel.
It is a violation of Sexual harassment definition title ix training and federal law and a violation of this Policy to retaliate against a person for filing a complaint of sexual misconduct or for cooperating in a sexual misconduct investigation. Any person who retaliates against a person who has reported sexual misconduct, filed a sexual misconduct complaint, or participated in a sexual misconduct investigation is subject to disciplinary action up to and including expulsion or termination by the University.
Consent must be informed and voluntary, and Sexual harassment definition title ix training be withdrawn at any time. Consent can be given by words or actions as long as those words or actions create mutually understandable permission regarding the scope of sexual activity. There is no consent when there is force, expressed or implied, or when coercion, Sexual harassment definition title ix training, threats, or duress is used.
Sexual harassment definition title ix training person has taken advantage of a position of influence over another person may be a factor in determining consent.
Silence or absence of resistance does not imply consent.
Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. If a person is mentally or physically incapacitated or impaired so that he or she cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard, or being asleep or unconscious.
Individuals should be aware of, and carefully consider, the potential consequences of the use of alcohol or drugs. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and affirmatively given.
If there is a question about whether someone consented to sexual activity after consuming drugs or alcohol, the University will examine the issue from the perspective of a reasonable person. Some signs of incapacitation may include, but are not limited Sexual harassment definition title ix training, lack of control over physical movements e.
It is a violation of this Policy and Massachusetts law to engage in sexual activity with a person who is incapacitated, regardless of whether the person appeared to be a willing participant. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact, and is prohibited.
Force may include words, or appearance. Under this Policy, force includes the use of any of the following:. Steve and Melissa return to his room after a party. They consensually begin kissing and touching each other.
Steve wants to have sex, but Melissa tells him that she does not want to go that far. When Melissa tries to get off the and leave the room, Steve holds her down and they have sex. Josh and Lucas meet at a party. Josh worries how people will react if they knew. As the evening progresses, Lucas and Josh start kissing.
Lucas wants to have sex, but Josh tells him he is not ready for that. Out of fear for his reputation, Josh submits to Lucas even though he really does not want to. Any Sexual harassment definition title ix training activity that then occurs is forced sexual contact and violates this Policy.
Dylan is a popular senior and the captain of a sports team on campus. He has Grace, who is Sexual harassment definition title ix training first year
Sexual harassment definition title ix training athlete at school, to a fraternity party. Later in the evening, Grace wants to leave, but Dylan blocks her way with his body.
He is significantly bigger than she is and she cannot get around him. Dylan starts to kiss and touch Grace, but she tells him to stop. Dylan tells Grace he can make sure she gets into all the big parties on campus this year which would help her relationship with her new teammates implying he could turn the team against her.
Grace does not want to be with Dylan, but she is worried about the impact he
Sexual harassment definition title ix training have on her social and athletic life if she refuses. If Grace submits to Dylan out of his implied threats and abuse of his status, it may constitute forced sexual contact in violation of this Policy. Coercion is to force one to act based on fear of harm to self or others. Means of coercion may include, but are not limited to, pressure, threats, or emotional intimidation.
When Hannah starts crying and becomes upset, Owen hugs and comforts her. Eventually Hannah and Owen start kissing and touching one another. Hannah is confused and emotionally Sexual harassment definition title ix training. Owen continues to pressure Hannah until she eventually submits to his advances. A hostile environment can be created by anyone involved in a University program or activity e.
In determining whether sex-based harassment has created a hostile environment, the University considers the conduct in question from both a subjective and objective perspective. It will necessary, but not enough, that the conduct was unwelcome to the student who was harassed.
To determine whether a hostile environment exists for a student or employee, the University will consider a variety of factors related to the severity, persistence, or pervasiveness of the sex-based harassment, including: The more severe the sex-based harassment, the less need there is to show Sexual harassment definition title ix training repetitive series of incidents to find a hostile environment.
Indeed, a single instance of sexual assault may be sufficient to create a hostile environment.