Sexual Harassment, Sexual Assault and Sexual Misconduct Policy
Boston College attempts at all times to maintain a safe environment that supports its educational mission and is free from exploitation and intimidation as well as discrimination based upon gender. Sexual harassment, sexual assault, or sexual misconduct of any kind is antithetical to the mission of Boston College and the values it espouses and will be responded to accordingly. In accordance with Title IX, the University strives to eliminate sexual harassment, prevent its recurrence, and address its effects. This policy describes the University’s response to victims, what conduct is prohibited, available University and community resources, and how to file a complaint.
1. Immediate Response and Care
The University encourages students to report incidents of sexual harassment, sexual assault or sexual misconduct immediately. To report an incident of sexual harassment, sexual assault, or sexual misconduct, the victim/survivor or a friend of the victim/survivor may contact the Boston College Police at 617-552-4444, the Sexual Assault Network at 617-552-BC11, a member of the Residential Life staff at 617-552-3060, or the Office of the Dean for Students at 617-552-3470.
Boston College recognizes the importance of offering victims of sexual harassment, sexual assault or sexual misconduct immediate treatment, counseling support, and assistance. In addition, appropriate interim measures to help assure the safety and well being of the victim will be offered. Consideration of the victim's wishes will be taken into account throughout the process, however the University may have a legal obligation to investigate allegations of sexual misconduct, even without the participation of the victim.
The University prohibits all forms of sexual harassment, sexual assault, and sexual misconduct, whether perpetrated by a stranger or acquaintance, whether occurring on or off campus, and whether directed against a member of the Boston College community or someone outside the University community. Such behavior by a Boston College student is a violation of the University Code of Conduct, and in certain cases, may also be a criminal violation and/or result in a violation of Title IX. Please also see the University’s Discriminatory Harassment Policy, at http://www.bc.edu/content/dam/files/offices/policies/pdf/policies/I/1-200-025.pdf, which addresses the resolution of complaints of discriminatory harassment, including sexual harassment, against University employees and faculty.
Prohibited conduct ranges from acts of non consensual sexual intercourse and non consensual sexual contact, to sexual misconduct including, but not limited to, harassment of a sexual nature, sexual exploitation, stalking, voyeurism, exposure, video or audio taping of sexual activity, and sexual activity resulting from emotional coercion.
In the context of this policy, active consent is needed to engage in sexual activity. For the purpose of this policy, consent is informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in a mutually agreed upon sexual activity. It is incumbent upon both parties to both obtain and give active consent prior to any sexual activity. Consent may never be given by minors (in Massachusetts, those not yet sixteen (16) years of age), those who are incapable of giving informed consent as a result of alcohol or other drug consumption (voluntary or involuntary), or those who are unconscious, unaware or otherwise physically helpless. Effective consent may never be obtained as a result of coercion, intimidation, threat of force or force.
Complaints of sexual harassment, misconduct, and assault against a student member of the University community will be investigated and adjudicated in accordance with the Student Conduct System policies and procedures, as described in Section 5 of the Boston College Student Guide (http://www.bc.edu/publications/studentguide/judicial.html). University disciplinary action may be taken whether or not criminal charges are filed and without regard to whether the conduct occurred on or off the Boston College campus.
Any member of the University community found responsible for violating this policy is subject to disciplinary action up to and including dismissal from Boston College. The standard used to determine responsibility is a preponderance of the evidence, that is, whether it is "more likely than not" that the accused has violated the policy.
It is also a violation of University policy to engage in any form of retaliation or intimidation in connection with complaints of sexual harassment, misconduct, or assault. Any such acts of retaliation or intimidation by a Boston College student should be reported to the Dean of Students Office. Complaints against other members of the Boston College community should be referred to the University Harassment Counselor and will be addressed in accordance with the University Discriminatory Harassment Policy. http://www.bc.edu/content/dam/files/offices/policies/pdf/policies/I/1-200-025.pdf
Boston College is committed to providing support and assistance to victims as well as taking active measures to help assure the physical and emotional well being of survivors/victims. A number of University offices are available to assist a victim of sexual harassment, sexual assault or sexual misconduct.
Sexual Assault Network
617-552-BC11
The Boston College Sexual Assault Network (SANet) 617-552-BC11 (2211), is a hotline/information line available 24/7 during the academic year to respond to the needs of those affected by power-based personal violence (sexual assault, rape, partner violence, stalking, etc). Any individual seeking information, resources, or advocacy, related to sexual violence is encouraged to call (even if the caller is not a survivor himself or herself).
SANet can provide assistance with:
- Emergency rape crisis treatment and emergency medical services, including accompanying the survivor to the hospital or Health Services, to the police, or to the Office of the Dean for Student Development
- Seeking professional support (on or off campus)
- Evidence collection options within 120 hours (for rape and sexual assault)
- Seeking medical evaluation and treatment and/or counseling (on or off campus)
- Reporting (internally or through the police department)
- Connection with BC's HEAL support group for survivors of sexual violence
- Academic concerns
- Residential issues
The network is comprised of a group of highly trained professionals who have volunteered to serve as advocates for survivors of violence. Male and female advocates are available to serve the diverse needs of our survivors.
*Please note that we do utilize cell phones for our response and may at times be in areas without service. Individuals are encouraged to leave a message or to call back.
Student Affairs Title IX Coordinator
Katherine O'Dair, Executive Director for the Office of the Vice President for Student Affairs
Maloney Hall 260
617-552-3280
The Student Affairs Title IX Coordinator oversees the University's response to complaints of sexual harrassment, sexual misconduct, and sexual assault in cases where a Boston College student is the complainant. The coordinator or designee is available to meet with students as needed. The coordinator will help ensure that appropriate measures are taken to adequately address complaints and protect the safety and well being of victims. The Title IX coordinator also maintains records of all cases, documents the University's response, and sees that appropriate measures are taken to identify and address any patterns or systemic problems that contribute to a hostile environment for students at the University.
Boston College Police
Maloney Hall
617-552-4444
The Boston College Police Department is also available twenty-four hours a day at 617-552-4444 to respond, immediately if need be, to assure the safety of a victim as well as to provide support and assistance.
Boston College Harassment Counselor
Rubenstein Hall 001
617-552-0486
The University Harassment Counselor, Linda Riley, is available at l.riley.1@bc.edu, or by phone at 617-552-0486 to counsel individuals who believe they may have been sexually harassed and to assist victims in filing complaints. Her office is located in Rubenstein Hall 001.
Campus Ministry
McElroy 215
617-552-3475
The staff in the Campus Ministry is available for pastoral counseling and spiritual direction. Some members of the staff reside in the residence halls. A resident minister is also available twenty-four hours a day by contacting the Boston College Police at 617-552-4444.
Health Services
Cushing Clinic – 617-552-2225 (9-5, M-F)
Cushing Primary Care – 617-552-3227 (24 hours a day during the academic year)
Medical personnel are available on campus 24 hours a day. In addition, the University has developed a relationship with the Beth Israel Hospital and the Brigham and Women's Hospital, both in Boston, for the treatment of sexual assault and rape survivors. The Primary Care Center, in Cushing Hall, is also available 24 hours a day to provide a safe haven or a meeting place for survivors to access campus support services.
University Counseling Services
Gasson 001
617-552-3310 (during normal business hours)
University Counseling Services (UCS) is available twenty-four hours a day to assist student victims of sexual harassment, misconduct or assault. UCS is available during normal business hours at 617-552-3310. During nights, weekends and holidays, a University psychologist is available on call by contacting either Boston College Health Services (617-552-2225) or the Boston College Police (617-552-4444).
Members of the Sexual Assault Network, BC Police, the Office of Residential Life, and the Office of the Dean for Student Development can provide the following:
1. Assistance with emergency rape crisis treatment and emergency medical services, including accompanying the survivor to the hospital or Health Services, to the police, or to the Office of the Dean for Student Development.
2. Guidance and support with filing charges through the University's Student Conduct System and/or through the criminal justice process.
3. Advice and assistance in obtaining either University Stay Away Orders or court-issued restraining orders.
4. Assistance in addressing academic concerns of the victim.
5. Assistance in addressing living arrangements.
6. Assistance in arranging other forms of assistance as appropriate, including on-campus counseling through University Counseling Services, medical assistance through University Health Services, and pastoral care and support through Campus Ministry.
7. Assistance in contacting community resources such as The Boston Area Rape Crisis Center or other support services.
8. Assistance in contacting the appropriate police department.
9. Assistance with securing a University Stay Away Order. In situations where the alleged offender seriously disturbs or presents a potential threat to the victim/survivor, a University Stay Away Order prohibiting the alleged assailant from having any contact with the victim may be imposed. Such an order could also require the alleged offender to adjust his/her academic or work schedule and/or living arrangements, if on-campus.
10. Assistance with securing a summary suspension. In situations where the alleged offender may pose a threat to the safety of the victim, the Dean or designee may impose on the alleged offender a summary suspension from either housing or from the University, pending final resolution of the matter.
Accused students, as well as victims, will have access to the above-listed resources for support and care, including, but not limited to University Counseling Services, Campus Ministry and an on-campus conduct system advisor.
4. Filing a Complaint Within the University
Victims are strongly encouraged to report incidents of sexual harassment, sexual assault, or sexual misconduct to the Office of the Dean for Student Development and to the Boston College Police in order to receive assistance in accessing support services and in filing charges against the alleged offender.
Any member of the University community who is informed of an incident of sexual misconduct should contact the Office of the Dean for Student Development for advice and assistance and to assist the University in eliminating a hostile environment. A standardized sexual assault reporting form is available from the Office of the Dean for Student Development. The name of the victim need not be disclosed without the victim/survivor's consent, provided that the victim should be aware that the University’s ability to respond in such cases may be limited. University administrators who are designated as Campus Security Officers under the University’s policy on Reporting Crimes and Other Emergencies are required to immediately disclose reports of criminal sex offenses to the University Police for the purpose of the University’s compliance with Jeanne Clery Disclosure and Campus Security Policy and Campus Crime Statistics Act, as described further in that policy. http://www.bc.edu/content/dam/files/offices/policies/pdf/policies/V/5-350-210.pdf
Upon receipt of such a complaint, Boston College will provide the complainant with written notification of survivor options including information on filing a complaint within the University, information on filing a criminal complaint, and information on pursuing both options at the same time. This notification will also include a listing of resources and supportive services available to the complainant both on and off campus.
Complainants will be treated with respect and sensitivity before, during, and after the disciplinary process. The University will make all reasonable efforts to preserve confidentiality, restricting information to those with a legitimate need for it. Complainants may request changes to academic and living situations and will be notified as to what changes are reasonably available. Both complainants and accused students may have advisors to help support and guide them through the conduct process.
If other policy violations have occurred in connection with an assault, particularly alcohol or substance use/abuse violations, the University generally will not pursue disciplinary actions against the complainant or against student witnesses of the incident.
The University will promptly conduct an investigation of the alleged incident, which will include a review of statements obtained from either party, interviews with the complainant and the accused (if identified), interviews with appropriate witnesses, and a review of other relevant information. Once the investigation is complete, the University will take appropriate action, even if the complainant does not want to participate in the University disciplinary process. The University will make every reasonable effort to resolve the complaint within 60 days.
If the alleged perpetrator is a Boston College student, the victim can file a formal conduct complaint with the Office of the Dean for Student Development in Maloney Hall, Room 212 (617-552-3470). The Dean or designee will assist the complainant in the filing such a complaint for possible disciplinary action against an alleged offender as described in Section 5 of the Boston College Student Guide (http://www.bc.edu/publications/studentguide/judicial.html)
In situations in which an accused student seriously disturbs or presents a potential threat to the victim or complainant, or otherwise engages in retaliatory conduct, the Dean or designee may impose a University Stay Away Order, prohibiting the accused from having any contact with the victim or complainant. Such an order could also require the accused student to adjust his/her academic or work schedule and/or campus housing arrangements. In the event of serious allegations against a student, the Dean or designee may also impose a summary suspension from housing or from the University, pending final resolution of the matter.
If the complainant proceeds with both a disciplinary complaint and a criminal complaint, the University conduct process will normally proceed while the criminal action is in process. However, in such cases, the Dean for Student Development may elect to stay the disciplinary process if a student is summarily suspended and the criminal matter remains open.
5. Filing a Criminal Complaint
If a student reports a sexual assault to the Boston College Police, the Police will conduct an investigation and assist the victim to file criminal charges against the alleged offender if he or she chooses. The Boston College Police also help in obtaining protective restraining orders for domestic violence incidents. If the incident occurred off campus, the Boston College Police will assist the victim in informing the appropriate municipal police department if he or she so desires.
The Boston College Police have specially trained officers to respond to sexual assault and domestic violence complaints. The police make every effort to offer female victims/survivors an opportunity to have a female officer present during all interviews. As stated above, the Boston College Police will help a victim/survivor make contact with local police if the assault occurred off campus, as well as with the district attorney's office for criminal prosecution and victim-witness assistance. The Boston College Police work cooperatively with the Office of the Dean of Students to investigate and resolve cases under this policy. The Police will refer cases to the Dean of Students as appropriate and will also assist in protecting the safety of complainants.
Boston College takes incidents of sexual violence very seriously. The University will make all reasonable efforts to preserve confidentiality, restricting information to those with a legitimate need for it. If other policy violations have occurred in connection with an assault, particularly alcohol or substance use/abuse violations, the University generally will not pursue disciplinary actions against the complainant or against student witnesses of the incident.
When there is reasonable cause to believe that a student member of the University has violated the Code of Student Conduct, including the sexual harassment, assault, or misconduct, the University will take action in accordance with the established policies and procedures outlined in the Boston College Student Guide, Section 5. University judicial action may be taken whether or not criminal charges are filed and without regard to whether the conduct occurred on or off the Boston College campus.
University Stay Away Orders: In situations in which an accused student seriously disturbs or presents a potential threat to the victim or complainant, or otherwise engages in retaliatory conduct, the Dean or designee may impose a University Stay Away Order, prohibiting the accused from having any contact with the victim or complainant. Such an order could also require the accused student to adjust his/her academic or work schedule and/or campus housing arrangements.
Summary Suspension: In situations where the alleged offender may pose a threat to the safety of the victim, the Dean or designee may impose on the alleged offender a summary suspension from either housing or from the University, pending final resolution of the matter.
Other Interim Measures:
- Assistance with emergency rape crisis treatment and emergency medical services, including accompanying the survivor to the hospital or Health Services, to the police, or to the Office of the Dean of Students.
- Guidance and support with filing charges through the University's Student Conduct System and/or through the criminal justice process.
- Assistance in addressing academic concerns of the victim.
- Assistance in addressing living arrangements.
- Assistance in arranging other forms of assistance as appropriate, including on-campus counseling through University Counseling Services, medical assistance through University Health Services, and pastoral care and support through Campus Ministry
- Assistance in contacting community resources such as The Boston Area Rape Crisis Center or other support services.
- Assistance in contacting the appropriate police department.
It is a violation of University policy to engage in any form of retaliation or intimidation in connection with complaints of sexual harassment, misconduct, or assault. Any such acts of retaliation or intimidation by a Boston College student should be reported to the Office of the Dean of Students. Complaints against other members of the Boston College community should be referred to the University Harassment Counselor and will be addressed in accordance with the University Discriminatory Harassment Policy.