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Gender-Based Misconduct – Gender-based misconduct is a broad term which encompasses unwelcome conduct of a sexual nature that is prohibited by Title IX and the College. The term includes but is not limited to sexual harassment, sexual assault, sex discrimination, sexual violence, rape, intimate partner violence, and stalking. Gender-based misconduct also includes any conduct of a sexual nature that lacks Effective Consent, or that has the purpose or effect of threatening, intimidating, or coercing an individual.
Sexual Harassment Any unwelcome and/or unsolicited gender-based verbal, written or physical conduct of a – sexual nature. Sexual harassment ust also fall within the definition hostile environment harassment m of and/or quid pro quo sexual harassment.
● Hostile environment sexual harassment exists where harassment is sufficiently severe, persistent, or pervasive and objectively offensive such that it unreasonably interferes with, limits or denies the ability to participate in or benefit from the College’s educational or employment program and/or activities.
● Quid pro quo sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature where submission to, or rejection of, such conduct results in adverse educational or employment consequences. Quid pro quo harassment may also exist when a threat of adverse action or a promise of a benefit is conditioned on submission to, or rejection of, such requests.
● Behaviors that may constitute sexual harassment include but are not limited to:
○ Sexual advances, regardless of whether or not they involve physical touching;
○ Requesting or demanding sexual favors with respect to employment, academic or other College activities;
○ Lewd or sexually suggestive comments, jokes, gestures, or innuendos;
○ Displaying sexually suggestive objects or pictures;
○ Inquiries into one’s sexual experiences;
○ Discussion of one’s sexual experiences;
○ Unwelcome leering, whistling, gestures, suggestive or insulting comments;
○ Unwelcome communications (verbal, written, electronic, etc.) of a sexual nature;
○ Gossip about one’s sex life or comments about an individual’s sexual activity;
○ Failure to accept the termination of a consensual relationship with repeated and persistent requests and behavior.
○ Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person without consent;
○ Allowing third parties to observe consensual or non-consensual sexual acts without the consent of each person being observed;
○ Engaging in voyeurism;
○ Distributing intimate or sexual information about another person without consent;
○ Prostituting or soliciting another person or causing the prostitution of another person; and/or ○ Knowingly exposing another person to a sexually transmitted infection or disease, including HIV Effective Consent Effective Consent is consent that is informed, knowing voluntary. Effective Consent is mutually and understandable words or actions which indicate willingness to participate in mutually agreed-upon sexual activity.
Consent obtained as a result of physical force, threats, intimidating behavior, duress or coercion is not Effective Consent.
Effective Consent may never be given by minors (in Massachusetts, those not yet sixteen (16) years of age), mentally disabled persons, those who are unconscious, unaware, and/or otherwise physically helpless and/or those who are in a state of incapacitation as a result of alcohol or other drug consumption (voluntary or involuntary).
In addition, it is important to understand that:
● Consent is mutually understandable when a reasonable person would consider the words and/or actions of the parties to have expressed a mutually understandable agreement to do the same thing, in the same way, at the same time, with one another.
● In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who seeks to engage in the specific sexual activity, to make sure that they have the consent from their partner(s) prior to initiating sexual activity.
● Effective Consent is active, not passive.
● Effective Consent to one form of sexual activity does not constitute Effective Consent to other forms of sexual activity. Effective Consent must be obtained with respect to each form of sexual activity in which parties intend to engage.
● The person who is the object of sexual advances is not required to physically or otherwise resist. The absence of resistance will not, in itself, suffice to demonstrate Effective Consent.
● Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to demonstrate Effective Consent.
● Intentional use of alcohol or other drugs does not excuse a violation of this policy.
● Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly (as set forth in the definition of Effective Consent). Once consent is withdrawn for some or all sexual activity, such activity must cease without delay.
● Coercion is unreasonable pressure for sexual activity. When someone makes clear that they do not want to go past a certain point of sexual interaction, continued pressure to go beyond that point may be considered coercive.
Stalking Any behaviors or activities occurring typically on more than one occasion that collectively instill fear – and/or threaten a person’s safety, mental health, and/or physical health. Such behaviors or activities may include
but are not limited to the following:
● Non-consensual communication (e.g., face-to-face communication, telephone calls, voice messages, text messages, email messages, communication via social media networks, written letters, gifts, or any other communications that are unwanted);
● Threatening or obscene gestures;
● Surveillance, trespassing or pursuing; or ● Waiting, or showing up uninvited at a place of residence, classroom, workplace, etc.
Intimate Partner Violence Any abusive behavior, whether emotional, psychological, physical or sexual, that – one person in an intimate relationship uses in order to control the other. This type of behavior may be a single act
or a pattern of behavior in relationships. Examples include but are not limited to:
● Demeaning or derogatory communications that amount to abusive behavior;
● Preventing contact with family or friends; or ● Actual or threatened physical harm.
Retaliation intentional adverse action taken against a person on the basis of their participation in a – Any protected activity. Absent a legitimate nondiscriminatory purpose, retaliation can include intentional action taken by a respondent or allied third party as reprisal for participating in a protected activity, or intentional adverse action taken against a respondent after it was determined that the respondent did not violate this policy.
Examples of protected activity include but are not limited to:
● Participating in or otherwise assisting with a College investigatory procedure or law enforcement investigation;
● Filing a complaint alleging a College policy violation or a violation of law; or ● Filing a complaint about the College’s policy for resolving alleged violations of policy.
Examples of adverse action include but are not limited to:
● Threats, intimidation, continued harassment or other misconduct;
● Discouraging an individual from participation in an investigation or adjudication process; or ● Adverse educational or employment consequences.
The College maintains the right to take action against a student for other legitimate reasons in accordance with College policies and procedures, even if that student has filed a complaint under the gender-based misconduct policy or otherwise participated in a protected activity.
Retaliation by any member of the College community or any person acting on their behalf is strictly prohibited.
Retaliation is a serious violation that can result in sanctions independent of the merits of the underlying complaint or allegation. The College will respond immediately to retaliation and impose disciplinary measures as appropriate, including but not limited to interim or longer term suspension from the College.
Retaliation should be promptly reported to the deputy Title IX coordinator as outlined in Section VI B below.
IV. OPTIONS FOR INITIAL ASSISTANCE
Individuals who have experienced gender-based misconduct have options and resources available to them regardless of their desire to participate in an internal or criminal investigation. The College wants such individuals to feel supported and safe at all times. The information below outlines on and off-campus resources available to anyone who has experienced gender-based misconduct, whether or not they wish to report the incident.
The College encourages all individuals who have experienced sexual assault to promptly appropriate seek medical attention. Confidential medical care is available regardless of whether an individual feels ready to report the incident to the College or to an external law enforcement agency (e.g., the Wellesley Police Department). If an individual decides to seek hospital care on their own, the College encourages the individual to use an emergency room that is part of the Sexual Assault Nurse Examiner (SANE) program. The SANE program has specifically trained nurses who can examine the individual and collect evidence that could be used in the internal and/or criminal investigation process if the individual later decides to initiate either or both. Boston-area SANE hospitals
● Beth Israel Deaconess Medical Center, 330 Brookline Avenue, Boston, MA ● Boston Medical Center, One Boston Medical Center Place, Boston, MA ● Brigham and Women’s Hospital, 75 Francis Street, Boston, MA ● Cambridge Hospital, 1493 Cambridge Street, Cambridge, MA ● Boston Children’s Hospital, 300 Longwood Avenue, Boston, MA ● Massachusetts General Hospital, 55 Fruit Street, Boston, MA Babson College Public Safety can provide the individual with transportation to an emergency room that is a part of the SANE program. (Note that, unlike reports to medical professionals, reports to Public Safety Officers are not confidential.) Babson Health Services can also provide students with confidential medical care such as: preventative treatment for sexually transmitted infections and pregnancy. Students can call Health Services and make an appointment to see a nurse practitioner during normal business hours or make an appointment online at babson.medicatconnect.com.
The College encourages all individuals who have experienced an incident of sexual assault to preserve any
● Having a SANE exam as soon as possible (preferably within 72 hours of the incident) for purposes including physical evidence collection;
● Placing clothing and other relevant items (sheets, blankets, etc.) in a brown paper bag (not a plastic bag) for preservation;
● Avoiding drinking, bathing, showering, douching, brushing teeth, using mouthwash, combing hair, or changing clothes until physical evidence may be collected;
● Having the individual or a friend promptly write down everything that can be remembered about the incident.
The College encourages the above steps be taken to preserve future options, even if the individual is undecided about whether or not to immediately report the incident.
Ongoing Assistance The Title IX coordinator and the director of sexual assault prevention and response services can provide ongoing
assistance to complainants by:
● informing them of, and connecting them to, available victim advocacy, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus;