The following is a summary of the rights of employees and students engaged in any Title IX process, including an investigation to determine whether a violation of the College’s Sexual Misconduct Policy has occurred:
- If you are an individual with a disability, you have the right to request a reasonable accommodation throughout any Title IX process. You may submit an accommodation request by contacting Student Accessibility Services (for students) or Human Resources (for employees).
- If you have experienced sex discrimination, sexual harassment, sexual violence (including sexual assault and dating and domestic violence) and/or stalking, in violation of Emerson College’s Sexual Misconduct Policy, you have the right to file a report or a formal complaint with the Title IX Coordinator. Alternatively, you also have the right not to respond to any outreach efforts by the Title IX Coordinator if you do not wish to do so.
- You have access to Emerson’s Sexual Misconduct Policy and will be provided information about available supportive and protective measures, as well as formal and informal processes for addressing sexual misconduct.
- If you believe a crime has been committed against you, you also have the right to file a criminal complaint. For crimes occurring on Emerson’s campus, you may contact the Emerson College Police Department. For crimes occurring off campus contact the police department in the appropriate jurisdiction.
- You may request that the College take steps to prevent unnecessary or unwelcome contact or communication with another member of the Emerson community, even if you do not wish to submit a report or a formal complaint for investigation.
- The Title IX Coordinator will evaluate any requests for confidentiality in the context of Emerson’s responsibility to provide a safe, non discriminatory environment for the community and, if applicable, its ability to conduct a fair and impartial investigation.
- If the Title IX Coordinator has determined a report or formal complaint is appropriate for investigation, parties have the following procedural rights:
- Written notification of the allegations of sexual misconduct under investigation, including, to the extent known, the specific provisions of the Emerson College Sexual Misconduct Policy allegedly violated;
- Knowledge of the identity and contact information for the Investigator appointed to conduct the investigation;
- Access to schedule a conversation with the Title IX Coordinator at any time;
- Presence of an advisor or attorney when meeting with the Investigator. The advisor may be, but is not limited to, a counselor, advocate or union representative. An advisor or attorney’s attendance is solely for support and consultation; they may not pose or answer questions;
- Request an advisor if you do not have one. The Title IX Coordinator maintains a list of faculty or staff who have volunteered to act as an advisor in this process;
- Submit names of any witnesses and any relevant documentary evidence to the Investigator;
- Not to participate in any portion of the investigation. If you do not wish to participate, your decision will not relieve the institution of its responsibility to provide a reasonable response according to college policy and Title IX guidance;
- Not to abide by a non-disclosure (or confidentiality) agreement, whether such agreement is verbal or in writing;
- Receipt of regular updates regarding the status and progress of the Title IX investigation. Emerson will resolve reports of sexual misconduct generally within 60-90 days; extenuating circumstances may require an extension, in which case you have the right to be notified of the need for additional time;
- Use of the ‘preponderance of the evidence’ standard of proof throughout the investigation, i.e., any determination will be made on the basis of whether the evidence is sufficient to conclude a violation of the Sexual Misconduct Policy more likely than not occurred;
- Written notice of the outcome of the complaint and any rights to appeal.
Emerson strictly prohibits retaliation against anyone for filing a report or participating in any process in response to an allegation of sexual misconduct. Retaliation against a reporting party, responding party or witness is treated as a separate policy violation subject to immediate disciplinary action up to and including suspension, dismissal or termination of employment.