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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 ...»

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The complainant and the respondent will receive simultaneous written notification of the appeal officer’s decision regarding the appeal(s) at their Babson email accounts (or non-Babson email account for complainants who are non-Babson students). Except where the case is remanded or a new investigation is granted, the decision of the appeal officer is final and not subject to further review.

X.​ NOTICE OF RIGHTS

              ​

Rights of the Complainant The complainant has a number of rights under this policy and with respect to a resolution of a complaint. If the College initiates an investigation, the complainant will retain the rights below. They include both those outlined

above and the following:

● The right to an investigation and appropriate resolution of all credible complaints of sexual misconduct, gender-based discrimination and/or harassment made in good faith to the College;

● The right to be treated with respect by College employees throughout the process;

● The right to be notified of available counseling, mental and physical health services, on and off-campus;

● The right to be informed of and to report the incident to off-campus authorities and/or law enforcement and to be assisted by College employees in doing so;

● The right to be provided with a written explanation of rights and options with respect to the matter;

● The right to have the investigation and resolution process fully explained;

● The right receive written notice of all allegations for which the respondent is charged;

● The right to be notified of possible sanctions that may result if the respondent is found responsible of violating the policy(ies) in question;

● The right to an outcome based on information the decision-maker finds credible, relevant and convincing by a preponderance of the evidence (i.e., it is more likely than not that a policy violation occurred);

   ● The right to appeal the outcome of the investigation and/or sanction, in accordance with the appeal guidelines established in this policy;

● The right to privacy, and the assurance that information regarding the complaint will be shared only with those necessary.

Rights of the Respondent The respondent has a number of rights under this policy and with respect to a resolution of a complaint. They

include both those outlined above and the following:

● The right to an investigation and appropriate resolution of all credible complaints of sexual misconduct, gender-based discrimination and/or harassment made in good faith to the College;

● The right to be treated with respect by College employees throughout the process;

● The right to be notified of available counseling, mental and physical health services, on and off-campus;

● The right to be provided with a written explanation of rights and options with respect to the matter;

● The right to have the investigation and resolution process fully explained;

● The right to receive written notice of all charges;

● The right to be notified of possible sanctions that may result if found responsible for violating the policy(ies) in question;

● The right to an outcome based on information the decision-maker finds credible, relevant and convincing by a preponderance of the evidence (i.e., it is more likely than not that a policy violation occurred);

● The right to appeal the outcome of the investigation and/or sanction, in accordance with the appeal guidelines established in this policy;

● The right to privacy, and the assurance that information regarding the complaint will be shared only with those necessary.

XI.​ OTHER PROVISIONS             ​

ADVISERS

Both the respondent and the complainant have the right to one (1) adviser of their choice. Advisers serve as a support person for the parties during the process, including investigative meetings, meetings with the deputy coordinator and sanction meetings. The adviser’s name and relationship to a party (e.g., student, faculty member, family member, attorney, etc.) must be disclosed to the deputy coordinator prior to the meeting for which they will serve as the adviser. Students who are witnesses to the incident or are otherwise involved in the matter may not typically serve as advisers.

Advisers are not permitted to advocate for a student or speak on their behalf during any of the aforementioned meetings. The College reserves the right to remove an adviser from any meeting should these expectations and guidelines be violated. Meetings are not generally delayed or rescheduled due to an adviser’s schedule or availability. The deputy coordinator will consider requests made to delay or reschedule a meeting and will make the final determination at their sole discretion.

The College reserves the right to have legal counsel present during any meeting.

ATTENDANCE

To enable the most accurate and fair review of the facts, the respondent is expected to attend and participate in meetings during the course of an investigation under this policy. If an individual chooses not to attend one or more meetings, the charges will be reviewed on the basis of the information and evidence available, and a decision will be made. Although no inference may be drawn against a student for failing to attend a meeting or remaining silent, the process will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the respondent to attend one or more meetings, to participate in such meeting(s), or to answer the charges.





HISTORY OF THE PRINCIPLE PARTIES

Sexual History:

Neither the past sexual history nor sexual character of either party will be considered in the investigation or any other proceeding unless such information is determined by the deputy coordinator to be specifically and directly relevant to a pending charge.

  

–  –  –

If any previous disciplinary history or complaints are considered in the course of the investigation, the relevant party will be notified of such and will be permitted to review the information that is to be considered.

EFFECT OF CRIMINAL PROCEEDINGS

Because the standards for determining a violation of criminal law are different from the standards for determining a violation of this policy, criminal investigations, reports, or outcomes are not determinative of whether gender-based misconduct has occurred for purposes of this policy. In other words, conduct may constitute gender-based misconduct under this policy even if there is insufficient evidence of a crime or if law enforcement agencies decline to prosecute. The filing of a complaint of gender-based misconduct under this policy is independent of any criminal investigation or proceeding, and the College will not await the conclusion of any criminal investigation or proceedings to: (i) commence its own investigation; (ii) take interim measures to protect the complainant and the College community, if necessary; and/or (iii) implement disciplinary proceedings without regard to any pending criminal proceedings.

FALSE COMPLAINT/FALSE INFORMATION

The College will not tolerate false reporting and reserves the right to discipline members of the College community who knowingly bring false complaints of gender-based misconduct or provide false information during an investigation or hearing. No complaint will be considered "false" solely because it cannot be corroborated. If a respondent is determined to have provided false information during the investigation or sanctioning process, the respondent may be charged with “false information and misrepresentation” and/or the false information may be considered an aggravating circumstance during the sanctioning phase.

AMNESTY FOR MINOR VIOLATIONS

The College will extend amnesty for minor violations of policy, including but not limited to the possession and/or consumption of drugs or alcohol, when the violation is related to a report of gender-based misconduct. The seriousness of gender-based misconduct is a major concern for the College and the College does not want any circumstances (e.g., drug or alcohol use) to inhibit the reporting of gender-based misconduct or cooperation with an investigation. When amnesty is granted for minor violations of policy, the College may refer students to resources such as alcohol and/or drug education, but there will be no disciplinary record or sanction regarding the violation for which amnesty was granted. The deputy coordinator will determine what policy violations will be considered “minor” and therefore eligible for amnesty in this context. Amnesty for minor policy violations may be extended to all parties involved in the case, including but not limited to, the complainant, the respondent and witnesses.

ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES

Reasonable accommodations will be provided to students with disabilities in accordance with applicable law. A student with a disability who requires an accommodation for any meeting or process under this policy must follow the procedure for requesting an accommodation through Disability Services. Disability Services will make a determination regarding the request and notify the appropriate parties. A student will not be considered to have a disability unless the student registers with Disability Services and follows the applicable procedures. Please contact the Disability Services at 781-239-4508, by email at mpowell@babson.edu or on the hub at ​ http://studentportal.babson.edu/node/229156​ further information.

for

POLICY REVIEW

The gender-based misconduct will be reviewed by the College a minimum of every 24 months.

XII.​ PREVENTION AND EDUCATION AND TRAINING

          ​    The College engages in comprehensive educational programming to prevent domestic violence, dating violence, sexual assault and stalking. Educational programming consists of primary prevention and awareness programs – including bystander intervention for all incoming students as well as ongoing prevention and awareness campaigns for all students and the campus community in its entirety. These educational programs and awareness

initiatives have clear goals and objectives, including but not limited to:

● Identify domestic violence, dating violence, sexual assault, stalking, and other forms of Gender-Based Misconduct as prohibited;

● Define the behavior that constitutes domestic violence, dating violence, sexual assault, stalking, and other Gender-Based Misconduct;

● Define what behavior and actions constitute consent to sexual interactions;

● Provide safe and effective options for both active and passive bystander intervention;

● Provide information on both harm reduction and risk reduction to help the college community recognize warning signs of prohibited behavior and to minimize the risk of potential attacks or retaliation;

● Provide an overview of information contained in the Annual Security Report in compliance with Title IX, VAWA, the Campus SaVE Act, the CLERY Act and other applicable laws.

The College has developed an annual educational curriculum consisting of presentations to the following populations (including but not limited to); new and returning students; student leaders (classified as “responsible employees”); on-call and first line access staff; and Public Safety. Specific considerations in regards to education and programming are made in an effort to be culturally competent in practice and approach. The educational

curriculum consists of programs throughout the year, including sessions such as:

● Prevalence of Sexual Assault on College Campuses ● Gender-Based Misconduct Policy/Procedure Overview & Reporting ● Contracted Speakers on Healthy Relationships & Sexual Assault ● Bystander Intervention Basics ● Trauma-Informed Practice & Crisis Response In addition to prevention and education efforts, the College ensures that all investigators, decision-makers and appeal officers receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking as well as training on how to conduct an investigation, how the resolution process works and how to protect the safety of complainants and promote accountability.

XIII.  TITLE IX CONTACT

Questions or concerns regarding the College’s procedures and Title IX may be directed to one or more of the

following resources:

Title IX Coordinator - is responsible for overall compliance with Title IX including the investigation process:

Betsy Rauch Title IX Coordinator Horn 329 781-239-5501 brauch1@babson.edu

Inquiries may be made externally to and complaints may be filed with:

Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service hotline: 800-421-3481 TDD #: 877-521-2172

–  –  –



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