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«​ The ​Undergraduate Student Handbook​ your guide to the policies you are is expected to maintain as a student at Babson College. You should ...»

-- [ Page 19 ] --

If the complainant wants to tell the responsible employee what happened, but also maintain confidentiality, the employee should tell the complainant that the College will consider the request, but cannot guarantee that the    College will be able to honor it. In reporting the details of the incident to the Title IX coordinator, the responsible employee will also inform the Title IX coordinator of the complainant’s request for confidentiality.

Responsible employees will not pressure a complainant to request confidentiality or to make a full report if the complainant is not willing to do so. The College will seek to honor and support the complainant’s wishes.

C. Formal Reporting Options:

To formally report an incident of gender-based misconduct, complainants may file a report with the College

and/or law enforcement. See below for an explanation of both options:

–  –  –

If a student would like to formally report to a College official after-hours, but would prefer not to file a report with Public Safety, they may contact Public Safety at 781-239-5555 and ask to be placed in contact with the Dean On-Call. The student is not required to indicate why they are contacting the Dean On-Call. The Dean On-Call will connect the student with the resource they require. The Deans On-Call are full-time Student Affairs administrators at the College who rotate on-call to manage after-hour emergencies.

In situations where a complaint is filed against a community member who has more than one status at the College (e.g., the community member is a student and an employee), the Title IX coordinator has the authority to appoint investigators (possibly from different areas of the institution) and determine the appropriate investigation process for the reported incident (student, faculty or staff employee). The selected process shall make final determinations affecting all individual statuses at the College.

–  –  –

Anonymous Reporting Any individual may make an anonymous report to the College concerning an act of gender-based misconduct committed by a member of the College community. Any individual may report an incident to the Title IX coordinator anonymously, without disclosing their name, identifying the respondent, or requesting any action.

Depending on the level of information provided to the Title IX coordinator about the incident or the individual(s) involved, the College’s ability to respond to an anonymous report may be limited. As described in this policy, the College may have an obligation to respond to the information provided and/or other available information.

D. Requesting Confidentiality from the College: How the College Will Weigh the Request and Respond If a complainant discloses an incident to a responsible employee of the College but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the complainant.

If the College honors the request for confidentiality, a complainant must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the respondent may be limited.

Additionally, remedies available for the complainant may be limited as well.

There are times when the College may not be able to honor a complainant’s request in order to provide a safe, non-discriminatory environment for all students and employees. The College has designated any one or more of the following individuals to evaluate requests for confidentiality once the College is placed on notice of alleged

gender-based misconduct:

● Title IX Coordinator ● Deputy Title IX Coordinator for Student Affairs ● Vice President for Student Affairs and Dean of Students When weighing a complainant’s request for confidentiality or that no investigation or discipline be pursued, one

or more of the above employees will consider a range of factors, including the following:

● The increased risk that the respondent will commit additional acts of gender-based misconduct or other

violence, such as:

○ whether there have been other gender-based misconduct complaints about the same respondent;

○ whether the respondent has a history of arrests or records from a prior institution indicating a history of violence;

○ whether the respondent threatened further gender-based or other violence against the complainant or others;

○ whether the gender-based misconduct was committed by multiple perpetrators;

○ whether the gender-based misconduct was perpetrated with a weapon; and ○ whether the complainant is a minor;

  

● Whether the College possesses other means (e.g., security cameras, witnesses, or physical evidence) to obtain relevant evidence of the gender-based misconduct; or ● Whether the complainant’s report or other documentation reveals a potential pattern of perpetration at a given location or by a particular individual or group (e.g., by intentionally incapacitating an individual without their knowledge via the use of drugs).





The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the College will likely honor the complainant’s request for confidentiality.

If the College has credible information that the respondent was reported, investigated and/or found responsible for gender-based misconduct in the past, the College would likely be compelled to investigate the allegation and, if appropriate, pursue disciplinary action. If the College determines that it cannot maintain a complainant’s confidentiality, the College will inform the complainant prior to an investigation and, to the extent possible, share information only with those responsible for handling the College’s response.

The College will remain mindful of the complainant’s well-being and take ongoing steps to protect the complainant from retaliation or harm. Retaliation against the complainant, whether by students or College employees, will not be tolerated.

The College will not require a complainant to participate in any investigation or disciplinary proceeding.

Because the College is under a continuing obligation to address the issue of gender-based misconduct campus-wide, reports of that nature (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported acts occurred; increasing education and prevention efforts, including to targeted population groups; and/or revisiting its policies and practices.

If the College determines that it can grant a complainant’s request for confidentiality, the College will also discuss other actions that might be implemented to protect and assist the complainant.

Reporting Obligations:

The College has a duty to report certain crimes to Babson Public Safety for statistical reporting purposes in accordance with applicable law. Personally identifiable information is not provided, but statistical information must be reported depending on the nature of the incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the College’s annual Campus Security Report.

Additionally, College administrators must issue ​timely warnings​ accordance with applicable law for incidents in reported to them that pose a substantial threat of bodily harm or danger to members of the campus community.

The College will ensure that a complainant’s name and other identifying information are not disclosed, while still providing enough information for community members to make safety decisions in light of the potential harm or danger posed.

VII.​ INVESTIGATION/RESOLUTION PROCESS           ​

The deputy Title IX coordinator for Student Affairs (“deputy coordinator”), in coordination with the College’s Title IX coordinator, is responsible for the oversight of investigations of gender-based misconduct complaints where the respondent is a student or student group.Formal rules of process and evidence such as those applied in criminal or civil courts are not applicable in these investigations or in the resolution process.

When made aware of a potential violation of the gender-based misconduct policy, the deputy coordinator or designee will open and conduct a preliminary investigation. The preliminary investigation under this policy will be conducted as soon as practicable, and will ordinarily be completed within ten (10) calendar days from the time of reporting. This time period may be shorter or longer depending on the circumstances, including the availability of witnesses and preliminary evidence.

PRELIMINARY INVESTIGATION

  

After reviewing the information received, the deputy coordinator will:

1.​ Work to determine the identity and contact information of the complainant;

       ​ 2.​ Identify what, if any, portion(s) of the gender-based misconduct policy were allegedly violated;

      ​ 3.​ Meet the complainant, if feasible, to inquire about and finalize the complaint;

      ​ 4.​ Determine if there is cause to proceed with a formal investigation.

      ​ If the deputy coordinator determines that there is no reasonable cause to pursue a complaint (e.g., if the information received does not present any potential violation of the gender-based misconduct policy, or if it is so vague or incomplete that no further investigation is possible), the matter will be closed with no further action and that decision will be communicated to the reporting party.

FORMAL INVESTIGATION

If the deputy coordinator determines that there is reasonable cause to pursue the complaint, a formal investigation will be initiated. The formal investigation under this policy will be conducted as promptly and equitably as possible without compromising thoroughness. Absent extenuating circumstances, the College’s investigation and resolution process for gender-based misconduct complaints will ordinarily be completed within sixty (60) calendar days from the time of reporting (not including the appeal process). This time period may be shorter or longer depending on the circumstances including, but not limited to, the complexity of the case and the availability and number of witnesses. Should this process last longer than 60 days, the deputy coordinator will communicate the reasons and expected timeline for completion to all parties.

At the initiation of the formal investigation, the deputy coordinator or designee will:

1.​ Notify the respondent and complainant of the investigation and provide an explanation of the investigation        ​ process;

2.​ Provide the respondent and complainant with a written notice of the charges, listing the specific portion(s) of       ​ the gender-based misconduct policy alleged to have been violated; and 3.​ Appoint a trained investigator to lead the investigation. The deputy coordinator may appoint additional       ​ investigators in their sole discretion. Concerns relating to any potential bias or conflict of interest of the appointed investigator(s) should be promptly addressed to the deputy coordinator who shall have sole discretion to remove or re-appoint investigator(s) as necessary.

At reasonable intervals throughout the investigation, the deputy coordinator will maintain communication with the complainant and the respondent regarding the status of the investigation and overall process.

The appointed investigator will:

1.​ Commence a thorough and impartial investigation by developing an investigation plan, including a witness        ​ list, intended investigation timeframe, and order of interviews for all witnesses and the respondent;



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