Access, Equity, & Title IX

Power-Based Interpersonal Violence

Index

  1. Institutional Values, Purpose and Scope of Policy, and Prohibited Conduct
    1. Statement of Institutional Values
    2. Primary Prevention Strategies
    3. Role of the Title IX Coordinator
    4. Purpose of Policy
    5. Scope of the Policy
    6. Prohibited Conduct
    7. Amnesty for Emerson College Community Members Who Report Power-Based Interpersonal Violence (PBIV)
    8. Policy Definitions of Prohibited Conduct
  2. Reporting Options and Supportive Measures
    1. Campus Reporting Process
    2. Supportive Measures
    3. Violations of Supportive Measures
    4. Law Enforcement Process
    5. Coordination with Law Enforcement
  3. Medical Attention, Confidential Resources, and Additional Resources
    1. Medical
    2. Confidential Resources
    3. Healing & Advocacy Collective (Confidential)
    4. Additional College Resources
    5. Additional Community Resources
  4. Reporting
    1. Purpose of Reporting
    2. Emerson College Community Members Who Must Report Power-Based Interpersonal Violence
    3. Time Frame for Reporting
    4. False Reporting
  5. Emergency Removal & Administrative Leave
    1. Emergency or Interim Suspension, Administrative Leaves, and Other Actions
    2. Emergency Removal of Students or Employees in Title IX-Regulated Conduct Cases
    3. Administrative Leave in Title IX-Regulated Conduct Cases
  6. Assessment and Informal and Formal Resolution Processes
  7. The National Collegiate Athletic Association (NCAA) and Student Athletes
  8. Role of the Title IX Team
  9. Record Keeping
  10. Reporting Process
    1. Reporting Power-Based Interpersonal Violence
    2. College-Regulated Response to Power-Based Interpersonal Violence (PBIV)
    3. U.S. Department of Education Title IX-Regulated Response to Power-Based Interpersonal Violence (PBIV)
    4. Initial Review of Report and Outreach
    5. Filing a Formal Report
    6. Dismissal of a Formal Report
    7. Appeal of Dismissal of a Formal Report
    8. Title IX-Regulated Response for Hybrid Reports
    9. Emergency Removal
    10. Administrative Leave/Relocation for Student Employees as Supportive Measure
    11. Administrative Leave for Staff and Faculty Employees
  11. Resolution Processes
    1. Summary of Resolution Options for All Prohibited Conduct Under this Policy
    2. Overview of Resolution Processes
    3. Informal Resolution Processes
    4. Overview of the Formal Resolution Process and Investigation
    5. College-Regulated Formal Resolution Process
    6. Title IX-Regulated Formal Resolution Process — Live Hearing
  12. Sanction and Appeals Processes
    1. Sanction Process for Students and Student Groups/Organizations
    2. Disciplinary Process for Staff and Faculty
    3. Violation of Sanctions/Disciplinary Actions
    4. Appeals
    5. Resolution of Reports — Affiliated Third Parties

List of Appendices


I. Institutional Values, Purpose and Scope of Policy, and Prohibited Conduct

A.  Statement of Institutional Values

All Emerson College Community Members, defined as all Emerson students, student groups/organizations, staff, faculty, visitors, and affiliated third parties with any temporary or long-term relationship with the College, have the right to live, learn, and work in an environment that is safe and free of violence:

  • No matter their status or affiliation with Emerson College;
  • No matter their sex, gender identity or expression, sexual orientation, race, ethnicity, national origin, faith, socioeconomic status, ability, age, veteran status, citizenship status, or other status protected by law;
  • No matter whether harm or threat of harm occurs in the classroom, a social setting, workplace, or recreational and/or residential environment.

Emerson works to create a community where all members can thrive academically, professionally, and personally, free from Power-based Interpersonal Violence1, such as relationship violence, dating violence, domestic violence, sexual assault, rape, sexual harassment, sexual exploitation, stalking, gender-based harassment, intimidation, aiding or facilitating prohibited conduct, and related retaliation. In responding to reports of Power-based Interpersonal Violence, Emerson works to ensure that standards and practices are accountable to the shared values of our community, and respect and uphold the dignity of all persons impacted or harmed by Power-based Interpersonal Violence.

Emerson College Community Members are expected to avoid engaging in Power-based Interpersonal Violence and are encouraged to act to prevent others from engaging in such conduct. Regardless of an individual’s position or status at Emerson, when an Emerson College Community Member is found responsible for causing harm, that individual will be held accountable through the processes and consequences available to the College. The College will carefully review all reports of conduct related to this Policy and provide for a fair and impartial response. If Emerson determines conduct has occurred that violates this Policy, the College will take measures designed to eliminate the conduct, prevent its recurrence, and address its effects. The College seeks to foster a climate free from Power-based Interpersonal Violence through coordinated prevention education, clear and effective policies, and investigative and grievance procedures that are prompt, equitable, and accessible.

B.  Primary Prevention Strategies

The College will support the implementation of primary prevention strategies, including educational programs and campaigns to:

  • Reinforce a safe and inclusive culture free of Power-based Interpersonal Violence,
  • Encourage primary prevention and active bystander intervention, and
  • Support individuals impacted by Power-based Interpersonal Violence.

Primary prevention strategies strive to be comprehensive, intentional, and integrated strategies that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, research-informed, multi-pronged, and rooted in the socioecological model and Spectrum of Prevention. These strategies aim to reach all incoming students, staff, faculty, and administrators, particularly those responsible for participating in, dismantling barriers to, and providing for a fair and equitable process.

Emerson will also take measures to educate the full College community about primary prevention, safe and effective active bystander intervention strategies, trauma-informed responses, and available resources, as well as respond to all reports of conduct related to this Policy promptly and support individual and community safety and well-being.

C.  Role of the Title IX Coordinator

The Emerson College Title IX & Clery Act Coordinator (Title IX Coordinator) is Associate Vice President Pamela White (phone: 617-824-8999 or email: titleix [at] emerson.edu). The Title IX Coordinator has been designated and authorized to carry out the College’s responsibilities to comply with U.S. Department of Education Title IX Regulations. The Title IX Coordinator oversees the College’s centralized review, investigation, and Resolution Processes for all reports of Power-based Interpersonal Violence (PBIV). The Title IX Coordinator also coordinates the College’s compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Title IX Coordinator is supported by several College administrators who serve as Title IX Liaisons.

The duties and responsibilities of the Title IX Coordinator and the Deputy Title IX Coordinator/Investigator include training, education, and climate checks, as well as the oversight of procedures that promptly and equitably respond to Power-based Interpersonal Violence, prevent its recurrence, and address its effects on individuals and the community. The Title IX Coordinator and the Deputy Title IX Coordinator/Investigator:

  • Promote prompt and equitable outcomes that comply with all requirements and timeframes;
  • Participate with the Healing & Advocacy Collective in assessment of campus climate on an ongoing and periodic basis, as well as track and monitor reports of PBIV on campus;
  • Support Healing & Advocacy’s campus training, education, and prevention efforts; and
  • Monitor the College’s requirement that all College officials who conduct proceedings to address reports of Power-based Interpersonal Violence receive annual training.

D.  Purpose of Policy

The purpose of this Policy is to provide Emerson College Community Members (and other individuals) with:

  • Standards, definitions, and descriptions of what constitutes Power-based Interpersonal Violence (PBIV);
  • Resources, rights, and options available to those impacted and/or those who may be involved in a process covered by this Policy; and
  • Processes through which the College may respond to reports of PBIV.

The College may amend or modify this Policy at any time.

E.  Scope of the Policy

All Emerson College Community Members are expected to comply with this Policy in the course of their dealings with the College. Emerson College Community Members participating in external and study abroad programs, whether led by the College or a third-party provider, are also subject to this Policy to the extent permitted by contract and applicable law, such as the laws of the state or country in which the prohibited conduct is reported to have occurred. For example, to comply with California state law, the College must apply a specific process for reports involving student conduct that occurred while enrolled in an Emerson Los Angeles (ELA) program or activity (see Section XI.F. - Title IX-Regulated Formal Resolution Process — Live Hearing).

The College will review a report from any individual, whether or not affiliated with Emerson, that an Emerson College Community Member, whether engaged in a program or activity, or while otherwise on College property, violated this Policy. The College will also review reports that someone who is a current or prospective Emerson College Community Member, such as an applicant for admission or employment, engaged in conduct prior to any connection with Emerson that would violate this policy or institutional values. Offices that may address these reports include Access, Equity, & Title IX; Enrollment Management; the Provost; the Deans; and Human Resources. Different review and response processes apply depending on the role of the Responding Party (the person reported to have caused harm)2, e.g., visitor, student, staff, faculty, or affiliated third party (independent consultants or contractors).

Emerson College Community Members are responsible for their conduct on and off campus. Emerson College Community Members must also adhere to all College policies and applicable laws (local, state, and federal) where they reside or travel.

F.  Prohibited Conduct

Emerson College prohibits all forms of Power-based Interpersonal Violence (PBIV). PBIV includes relationship violence, dating violence, domestic violence, sexual assault, rape, sexual harassment, sexual exploitation, stalking, gender-based harassment, intimidation, aiding or facilitating prohibited conduct, and related retaliation. All acts of PBIV are contrary to the College’s educational mission and values, and are harmful because they violate the rights and dignity of those impacted.

G.  Amnesty for Emerson College Community Members Who Report Power-Based Interpersonal Violence (PBIV)

Emerson College encourages reporting in order to support people who have been impacted by PBIV and to respond promptly and equitably to reported violations of this Policy. The College seeks to remove barriers to reporting and recognizes that an individual may be hesitant to report due to fear of potential consequences for their own conduct, such as but not limited to underage drinking, alcohol or drug use. A student Reporting Party or student Witness who makes a good faith report (having a reasonable belief that the information reported is true and made without malice or consideration of personal benefit) of PBIV will not be subject to Disciplinary Action by the College for conduct or a policy violation that is related to the report or investigation.

Amnesty does not apply for example to more serious allegations such as physical abuse of another or illicit drug distribution. In such cases the decision not to offer amnesty is based on neither sex nor gender.

H.  Policy Definitions of Prohibited Conduct

This Policy broadly defines Power-based Interpersonal Violence (PBIV) prohibited by the College as well as a subset of conduct that is also prohibited by U.S. Department of Education Title IX Regulations, which uses a narrower definition of conduct that is regulated by the Department. While the Department of Education Title IX Regulations uses a narrower definition, Emerson College prohibits all forms of PBIV including related retaliation as defined by this Policy, and will respond to reports of any conduct that may violate this Policy.

Under the Department of Education Title IX Regulations, sexual harassment is conduct on the basis of sex that satisfies one or more of the following:

  • An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo harassment);
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity (i.e., Title IX hostile environment harassment); or
  • Sexual assault (as defined by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics [Clery] Act), dating or domestic violence, and sex-based stalking (as defined by the Violence Against Women Act).

Interaction of the Power-Based Interpersonal Violence (PBIV) Policy and U.S. Department of Education Title IX Regulations

U.S. Department of Education Title IX Regulations limit the College’s obligation to respond to reports of prohibited conduct meeting the above Title IX definition of sexual harassment when the following conditions exist:

  • “Actual knowledge:” When “an official of the College who has authority to institute corrective measures,” e.g., the Title IX Coordinator, has notice of a report of “sexual harassment” (as defined by U.S. Department of Education Title IX Regulations);
  • When the conduct occurred within the College’s “education program or activity,” which “includes locations, events, or circumstances over which the College exercised substantial control” over the Responding Party and the context in which the sexual harassment occurred (fact-specific inquiry focused on control, sponsorship, applicable rules, etc.); and
  • The conduct occurred against a “person in the United States” (not in a study abroad context).

Power-based Interpersonal Violence (PBIV) is a broad term used to describe a pattern of conduct that results in one person controlling another. In some cases, PBIV is obvious and may involve an overt action, threat, or reprisal. In other instances, it may be subtle, indirect or unstated, but coercive in nature. The following descriptions represent forms of PBIV that violate Emerson’s community standards and another person’s rights, dignity, and integrity.

1. Relationship Violence involves a pattern of power and control that is maintained through actual or threatened verbal or physical abuse, psychological abuse, economic control, progressive social isolation, and/or sexual abuse by a person who is currently or was previously in a relationship with another person or people. Relationship violence can include but is not limited to:

  • Physical or emotional abuse;
  • Controlling/possessive conduct, e.g., conduct that results in an individual feeling like they are walking on eggshells, they must dress a certain way, or they have to call their friends or others in secret; and
  • Stalking, sexual harassment, sexual assault, sexual exploitation, intimidation, aiding or facilitating in these, and retaliation are all prohibited conduct which may occur within the context of relationship violence.

Relationship violence includes both dating violence and domestic violence as defined by U.S. Department of Education Title IX Regulations:

A. Title IX-Regulated Dating Violence is defined as violence committed in the United States within a College education program or activity by a person:

“Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

  • Where the existence of such a relationship shall be determined based on the Reporting Party’s statement and with consideration of the following factors:

    • The length of the relationship.

    • The type of relationship.

    • The frequency of interaction between the persons involved in the relationship.”

Dating violence includes but is not limited to sexual and/or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

B. Title IX-Regulated Domestic Violence involves a felony or misdemeanor crime of violence that occurs in a College education program or activity in the United States and that is committed:

  • By a current or former spouse or intimate partner of the victim,

  • By a person with whom the victim shares a child in common,

  • By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,

  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or

  • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

2. Stalking is a course of conduct involving a pattern of unwanted attention, harassment, physical or verbal contact, or any other conduct directed at an individual that alarms or places that individual in fear of harm or injury, including physical, emotional, or psychological harm. Stalking can include but is not limited to:

  • Contact via phone, text, social media, internet, third-party, or in-person;
  • Showing up, following, or waiting for another person;
  • Sending or leaving unwanted items for another person;
  • Tracking, monitoring, or surveilling another person’s in-person, online, social, academic, professional, or other activity.

Stalking includes stalking as defined by U.S. Department of Education Title IX Regulations:

A. Title IX-Regulated Stalking involves the following behavior, when engaged in a College education program or activity in the United States, on the basis of sex:

  • “Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
  • Fear for the person's safety or the safety of others, or
  • Suffer substantial emotional distress.”

For the purposes of this definition:

  • “Course of conduct” means two or more acts including but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
  • “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
  • “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

3. Sexual Harassment is a form of sex discrimination and consists of two basic types of conduct:

  • Quid Pro Quo Harassment: Any action in which submission to conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual's education, grades, recommendations, or extra-curricular or employment opportunities.
  • Intimidating, Hostile, or Demeaning Environment: Any action or verbal expression that results in creating an intimidating, hostile, or demeaning educational, employment, or living environment for Emerson College Community Members, either by being sexual in nature or by focusing on a person's gender, sexual orientation, gender identity, or gender expression. An intimidating, hostile, or demeaning environment is defined as one that is so severe, pervasive, or objectively offensive that it interferes with a person's ability to learn, exist in living conditions, work (if employed by the College), or have access and opportunity to participate in any and all aspects of campus life.

Both forms of sexual harassment noted above will be evaluated based on the standard of a reasonable person in the position of the Reporting Party.

Sexual harassment can occur between persons of equal power status, e.g., student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to staff, or between persons of unequal power status, e.g., supervisor to subordinate, faculty member to student, coach to student athlete, student leader to first-year student.

Although sexual harassment often occurs in the context of an exploitation of authority by the individual with the greater authority, a person who appears to have less authority in a relationship can also commit sexual harassment, e.g., student harassing faculty member.

Sexual harassment can be committed by an individual or may be a result of the collective actions of an organization or group. It can be committed against an individual, an organization, or a group. It does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.

Sexual harassment can take many forms including but not limited to:

  • Sexual innuendo, propositions, sexual attention or suggestive comments or gestures; humor and jokes about sex or gender-specific traits; sexual slurs or derogatory language directed at another person’s sexuality, gender, gender identity, gender expression, or sexual orientation; insults and threats based on sex, gender, gender identity, gender expression, or sexual orientation; and other oral, written, or electronic communications of a sexual nature.
  • Written graffiti or the display or distribution of sexually explicit drawings, pictures, or written materials; sexually charged name-calling; sexual rumors or ratings of sexual activity/performance; or the circulation, display, or creation of emails or websites of a sexual nature.
  • Display or circulation of written materials or pictures degrading to an individual(s) or gender group where such display is not directly related to an educational/pedagogical, artistic, or work goal. (When an instructor determines it is necessary to include such materials in classroom instruction, discussion, or required studies/reading, it is recommended that the instructor offer prior notice regarding the intent to display or introduce explicit materials. Instructors are encouraged to accommodate individuals who find such materials upsetting or triggering by allowing for alternative means of fulfilling course requirements.)
  • Physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual’s body.
  • Repeated flirting, objectively inappropriate or repetitive compliments about clothing or physical attributes, staring, or making sexually-oriented gestures.
  • Physical coercion or pressure of an individual to engage in sexual activity or punishment for refusal to respond or comply with sexual advances.
  • Change of academic or employment responsibilities (increase in difficulty or decrease of responsibility) based on sex, gender identity, gender expression, or sexual orientation.
  • Failure to treat individuals consistent with their gender identity even if their education records or identification documents indicate a different sex.
  • Use of a position of power or authority to promise rewards in return for sexual favors; or to threaten or punish, either directly or by implication, for refusing to tolerate harassment, for refusing to submit to sexual activity, or for reporting harassment.
  • Abusive, disruptive, or harassing conduct, whether verbal or physical, that endangers another's mental or physical health including but not limited to threats, acts of violence, or assault based on gender related status and/or in the context of relationship violence.
  • Demeaning verbal or other expressive conduct of a sexual or gendered nature in instructional settings.
  • Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Harassment for exhibiting what is perceived as a stereotypical characteristic for one’s sex, or for failing to conform to stereotypical notions of masculinity and femininity, regardless of actual or perceived gender-related status of the harasser or their target.
  • Sexual Assault. Sexual assault is conduct defined by the Clery Act and incorporated in the U.S. Department of Education Title IX Regulations (see 5 below).

See Section I.H.9. - Consent, Coercion, and Incapacitation.

A. Title IX-Regulated Sexual Harassment is defined as “conduct on the basis of sex that occurs in an education or program of the College in the United States and that satisfies one or more of the following:

  • An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment).
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity (Title IX hostile environment harassment).
  • Sexual Assault.” Sexual assault is conduct defined by the Clery Act and incorporated in the U.S. Department of Education Title IX Regulations (see 5 below).

4. Sexual Assault: A course of conduct that harms, attempts to harm, or injures another person sexually. This includes rape, attempted rape, battery, and sexual coercion. Examples of sexual assault include but are not limited to:

  • Sexual intercourse upon another person without the person’s consent. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact.
  • Sexual contact of any kind upon another person without the person’s consent, including kissing, disrobing of another, touching the intimate parts of another, causing the other to touch one's intimate parts, such as, breasts, genitals, buttocks, mouth, or any other part of the body that is touched in a sexual manner.
  • Sexual intercourse or contact upon a person who is incapacitated. Sexual assault includes conduct as defined by U.S. Department of Education Title IX Regulations:

A. Title IX-Regulated Sexual Assault is defined as “An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation and as defined by the Clery Act, defined as “Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.”

  1. Rape is defined as “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
  2. Fondling is defined as “the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of [the victim’s] age or because of [the victim’s] temporary or permanent mental incapacity.” For purposes of this definition, ‘private body parts’ includes breasts, buttocks, or genitals, whether clothed or unclothed.
  3. Incest is defined as “sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.”
  4. Statutory Rape is defined as “sexual intercourse with a person who is under the statutory age of consent.”

5. Sexual Exploitation is an act or acts committed through abuse or exploitation of another person's sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose. The act or acts of sexual exploitation are prohibited even if the conduct does not constitute another PBIV offense. Examples include but are not limited to:

  • Observing another individual's nudity or sexual activity or allowing another to observe sexual activity.
  • Streaming or distributing images, photography, video, or audio of sexual activity or nudity.
  • Photographing or recording someone (via audio, video, or otherwise) involved in sexual activity, sexual intercourse/penetration, or in a state of undress. Even if a person consented to the sexual activity or intercourse/penetration, photographing or recording someone without their knowledge goes beyond the boundaries of that consent. The dissemination of photographs or video/audio or someone involved in sexual activity, intercourse/penetration, or in a state of undress constitutes a separate and additional act of sexual exploitation.
  • Prostituting another individual.
  • Voyeurism: observing someone involved in sexual contact/activity or in a state of undress.
  • Knowingly exposing another individual to a sexually transmitted disease or virus.
  • Inducing incapacitation, including by providing someone with alcohol or drugs.

6. Intimidation is an implicit or explicit course of conduct inducing fear, especially to pressure or deter an individual from engaging in any such action, such as seeking help for experiences of PBIV, or reporting or responding to PBIV. When these acts occur in the context of PBIV, the conduct will be addressed under this Policy. Intimidation may include but is not limited to:

  • Use of power or authority to exert PBIV.
  • Implied or explicit threats to the safety of another person for the purpose of deterring or hindering an individual from seeking help for experiences of PBIV, or from reporting or responding to PBIV.
  • Deterring someone from participating in academic/professional/social activity.
  • Verbal, physical, emotional, or cyber conduct to hinder any help-seeking, bystander intervention, reporting, or investigation of prohibited conduct.

7. Aiding or Facilitating Prohibited Conduct means promoting or encouraging PBIV. Emerson College Community Members are prohibited both from personally engaging in PBIV and also from engaging in conduct which assists or encourages another person to engage in PBIV. Aiding or facilitating PBIV may include but is not limited to:

  • Engaging in verbal, physical, emotional, or cyber conduct with the impact of promoting, encouraging, coercing, or condoning PBIV.
  • Engaging in verbal, physical, emotional, or cyber conduct with the impact of hindering any help-seeking, bystander intervention, reporting, or investigation of prohibited conduct.
  • Coordinating or arranging settings or context with the impact of aiding or facilitating prohibited conduct.
  • Making false statements with the impact of hindering any help-seeking, bystander intervention, reporting, or investigation of prohibited conduct.

8. Retaliation is acting or attempting to retaliate or seek retribution against a person or group of persons for reporting conduct that may violate this Policy, seeking Supportive Measures related to a report, or otherwise participating in the College’s response to and potential investigation of a report, in an attempt to deter the response, reporting, investigation, and/or outcome of a report of PBIV. Retaliation can be committed by any individual or group of individuals.

Retaliation includes any action that might deter a person from reporting or participating in a protected activity and may include but is not limited to:

  • Abuse or violence
  • Other forms of harassment, and
  • Making false statements and spreading false rumors about another person in print or verbally.

Neither the College nor other persons may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this Policy and U.S. Department of Education Title IX Regulations because an individual has reported, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding, or hearing.

While the College may determine it is appropriate to investigate and resolve disciplinary charges against a Responding Party for code of conduct violations that do not involve PBIV, but arise out of the same facts or circumstances as a report of PBIV, the College will not do so for the purpose of interfering with any right or privilege secured by this Policy or U.S. Department of Education Title IX Regulations3.

A report of retaliation is considered a separate disciplinary matter subject to immediate Disciplinary Action up to and including suspension or dismissal from the College and/or termination of employment. The Title IX Coordinator and where appropriate, in consultation with managers and Human Resources, will review all reports of retaliation and determine whether to impose immediate corrective action or refer the report for the Formal Resolution Process pursuant to Section XI.D-F of this Policy. Retaliation prohibited by the College includes all forms of retaliatory conduct referenced above, including retaliation as defined by U.S. Department of Education Title IX Regulations4.

9. Consent, Coercion, and Incapacitation

  • Consent. Emerson has an affirmative consent policy. This means that any conduct must be knowing, voluntary, and mutually agreed upon from beginning to end of all conduct. Consent consists of an outward demonstration that individuals have freely chosen to participate, such as mutually understandable words and actions to do the same thing, in the same way, at the same time, with one another. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Being in any relationship does not equate to consent to participation in sexual activity.

    Consent is mutually active, communicative, engaged, and ongoing. A person who does not physically resist or verbally refuse is not necessarily giving consent. Consent may not be inferred from silence, passivity, lack of resistance, or lack of an active response alone. In the absence of an outward demonstration, consent does not exist.

    In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific activity, to make sure their partner(s) do as well. Simply because a person consents to participating in conduct one time does not mean that person is consenting to participate again or every time. Consent to participation in one activity does not automatically mean consent to participation in another activity.

    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 between them to do the same thing, in the same way, at the same time with one another. Consent may be withdrawn by any party at any time.
  • Coercion. Coercion includes the use of pressure and/or oppressive conduct, including express or implied threats of harm, severe and/or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome interpersonal activity. A person’s words or conduct amounts to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in interpersonal activity, sexual or otherwise. For example, if sexual acts were preceded by related threats or coercion, there is no consent.

    Consent cannot be obtained from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise their own free will to choose whether or not to have sexual contact.

    It is the responsibility of the initiator, or the person who wants to engage in the specific activity, sexual or otherwise, to make sure they have consent to continue and, if not, sexual activity must cease. Consent cannot be obtained through coercion to continue previous activity.

    If consent is requested verbally by the initiator or person who wants to engage in the specific activity, the absence of any explicitly affirmative verbal response constitutes lack of consent. In addition, if at any time a person’s words, actions, or demeanor suggest hesitancy, confusion, or uncertainty about engaging in sexual activity, the parties should stop and obtain verbal consent before continuing. A verbal “no” must always be respected and activity must cease.
  • Incapacitation. Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless. Individuals are considered incapacitated and unable to consent to sexual activity if they are not able to make rational, reasonable judgments due to the effects of alcohol, drugs, or impairment caused by another factor. Individuals may be incapacitated and unable to consent to sexual activity due to drug or alcohol consumption whether they used the substance voluntarily or involuntarily; or if the individual is unconscious, asleep, or otherwise unaware that sexual activity is occurring. Individuals are incapacitated if they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication.

    Some indicators of incapacitation may include but are not limited to lack of control over physical movements, lack of awareness of circumstances or surroundings, or the inability to communicate for any reason. An individual may experience a blackout state in which they appear to be giving consent, but do not actually have conscious awareness or the ability to consent. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. The relevant standard that will be applied is whether the Responding Party knew, or a sober reasonable person in the same position should have known, that the other party was incapacitated and therefore could not consent to the sexual activity.

    Certain individuals are not legally able to consent to sexual activity because of their age or mental limitations regardless of whether their words or actions indicate such consent. Emerson College Community Members are expected to know and comply with the statutory age of consent and any other applicable laws regarding sexual activity in any and all jurisdictions where they may reside or travel. For example, in the state of Massachusetts, consent to sexual acts cannot be legally given by minors under the age of 16. Engaging in sex with a minor is a criminal act and all Emerson College Community Members are strictly prohibited from engaging in any sexual activity with minors, who may or may not be participating in a College education program or activity pursuant to the Minors in College Programs Policy, and must comply with their legal obligation to report any knowledge of child abuse.

10. Alcohol and Other Drugs

Alcohol or drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. However, being intoxicated or impaired by drugs or alcohol is never an excuse to engage in Power-based Interpersonal Violence and does not excuse one from the responsibility to obtain consent. As stated above, even if Responding Parties are intoxicated they will be found responsible for a violation of this Policy if they have engaged in prohibited conduct.

11. Active Bystander Intervention

Emerson College Community Members are expected to take reasonable and prudent actions to prevent or stop Power-based Interpersonal Violence. Depending on the circumstances, taking reasonably prudent action may include directly or indirectly confronting the conduct (if it is safe to do so), taking steps to interrupt the conduct, or seeking assistance to stop the conduct.

12. Student Groups and Organizations

This Policy applies to Emerson-recognized student groups and organizations including but not limited to those focused on academics, athletics, community, cultural, fraternity and sorority life, leadership, pre-professional, or other student activities. PBIV by individuals functioning as members or officers of a student organization may have disciplinary consequences for those individuals as well as for the organization (see Appendix B). Additionally, the privilege of being in a leadership position of a student organization carries particular responsibility for the reasonable anticipation and prevention of behavior of the organization’s members or guests which may violate this Policy.

A recognized student group or organization may be held accountable for the behavior of its members and guests on its premises, at or arising out of events sponsored (or co-sponsored) by the organization, or when a group including a significant number of members or guests violates this Policy. Organizations that violate this Policy are subject to Sanctions (see Appendix B). In determining whether an organization or its leadership failed to take reasonable precautions to prevent violations of this Policy, the College may consider the repeated occurrence of other relevant incidents involving the organization.

The College trains students in leadership positions on the conduct prohibited by this Policy and encourages student leaders to seek support and guidance by contacting or reporting PBIV to the Title IX Coordinator. The College also urges all student groups and organizations to seek training regarding primary prevention and active bystander intervention. Primary prevention strategies strive to be comprehensive, intentional, and integrated strategies that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, research-informed, multi-pronged, and rooted in the socioecological model and Spectrum of Prevention.

13. Notice of Non-Discrimination

Emerson is committed to establishing and maintaining an environment free of all forms of harassment and discrimination.

“Emerson seeks to protect the rights of all members of the College community and any other persons having dealings with the College, and prohibits discrimination and harassment on the basis of gender or sex (including pregnancy), gender identity or expression, race, color, religion or religious creed, sexual orientation, national origin, ancestry, disability or handicap, age, genetics, marital status, veteran status and any other category protected by law (protected characteristics).” For additional information see the College Policy Against Discrimination, Harassment and Retaliation.

Power-based Interpersonal Violence (PBIV), as defined in this Policy, is a form of discrimination that unjustly deprives a person of equal treatment. Such conduct is prohibited by the College and a subset of this conduct is prohibited by Title IX, a federal law that provides that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Such conduct is also prohibited by state and federal statutes, including among others, Title VII of the Civil Rights Act, Massachusetts General Laws Chapter 151B, and Massachusetts Fair Education Practices Act, Massachusetts General Laws ch. 151 C, Section 2(g) and ch. 214, as applicable.

For assistance related to review of Title IX rights under federal law, students and employees may visit the U.S. Department of Education Office for Civil Rights (OCR) website at www2.ed.gov/about/offices/list/ocr/index.html which provides information regarding the address and phone number of the OCR office that serves your area, or call 1-800-421-3481.

14. Coordination with College’s Non-Discrimination Policy

Emerson recognizes that Power-based Interpersonal Violence (PBIV) can occur in conjunction with discrimination or harassment related to an individual’s race, color, ethnicity, national origin, religion, age, ability, gender identity, gender expression, sexual orientation, or any other legally protected characteristics (protected characteristics). Targeting individuals on the basis of any protected characteristic violates Emerson’s community standards and this Policy. When conduct relates solely to a person’s sex/gender-related status, the College will address such conduct pursuant to this Policy. When the College receives a report that a community member has engaged in conduct related to a person’s sex/gender-related status and other protected characteristics, the report must be made to the Title IX Coordinator. The Title IX Coordinator, in consultation with the Senior Associate Vice President of Human Resources, will decide under which policy or policies the report should be addressed and will coordinate efforts to address any and all harassment and discrimination (see Emerson’s Policy Against Discrimination, Harassment and Retaliation).

15. Statement on Privacy

Emerson is committed to respecting the privacy of all individuals involved in a report related to this Policy. The College will make an effort to keep private the identity of any individual who has submitted a report of PBIV, as well as any Reporting Party, Responding Party, and Witness, except as permitted by the Federal Family Educational Rights Privacy Act (FERPA) or otherwise required by law, or to carry out the purposes of this Policy and U.S. Department of Education Title IX Regulations including but not limited to conducting any related response, investigation, or hearing.

In reviewing a report, the College, through the Title IX Coordinator or designee, will share information relating to the report only with individuals who need to know the information in order to assist in the College’s review and response to the report.

If an Emerson College Community Member wishes to obtain confidential assistance through on-campus or off-campus resources without making a report to the College, the College has identified and has made confidential resources available on-campus (See Section III.B - Confidential Resources). All College employees other than those designated as confidential resources must notify the College’s Title IX Coordinator if they receive information that any Emerson College Community Member has engaged in or been impacted by conduct prohibited by this Policy, but otherwise keep such information as private as possible.

If a Reporting Party requests anonymity, and/or does not wish for the College to take any corrective action regarding a report of PBIV, the College will balance this request with its responsibility to provide a safe and non-discriminatory environment for all Emerson College Community Members, including the Reporting Party; its ability to conduct an investigation if confidentiality is maintained; and its responsibilities under certain requirements imposed by law. The College will seek to respect the request of the Reporting Party and, where it cannot do so, will consult with the Reporting Party and keep the Reporting Party informed about the chosen course of action.

If the College concludes that a report of PBIV represents an immediate threat to the College community, the College will issue a Timely Notice regarding the conduct to the College community in accordance with Clery Act guidelines for Timely Warnings if deemed appropriate and necessary to protect the health or safety of the campus community (see the Clery Handbook at www2.ed.gov/admins/lead/safety/handbook.pdf).

II.  Reporting Options and Supportive Measures

The College encourages individuals who have experienced Power-based Interpersonal Violence (PBIV) to seek assistance through one or more of the options and resources listed below.

Individuals are also encouraged to call 911 if they are feeling unsafe and wish to reach local law enforcement or emergency medical care (including an ambulance) anywhere within the United States. Individuals participating in a College program in Europe may reach the Police by calling 112. Local emergency numbers around the world can be accessed at http://matadornetwork.com/abroad/how-to-dial-911-around-the-world.

A.  Campus Reporting Process

The College will respond to every report of PBIV, including relationship violence, dating violence, domestic violence, sexual assault, rape, sexual harassment, sexual exploitation, stalking, gender-based harassment, intimidation, aiding or facilitating prohibited conduct, and related retaliation.

When an individual reports to the Title IX Coordinator, the; Deputy Title IX Coordinator/Investigator; or any member of the Title IX Team (see Appendix D) or responsible employee who must share the report to the Title IX Coordinator that an Emerson College Community Member engaged in or has been impacted by PBIV, the Title IX Coordinator or designee will assess the report and take measures to ensure the safety of the community and those involved.

The Reporting Party (the person reporting being impacted by harm)5, who may be an Emerson College Community Member, or any other anonymous or identified individual, may submit a report of conduct prohibited by this Policy. While the College permits anonymous reporting, the College may be limited in its ability to respond and provide Supportive Measures if an anonymous report does not include the names of the people involved and a detailed description of the conduct.

Emerson College Community Members who report that they have been impacted by PBIV, regardless of whether they initiate or participate in a Title IX investigation, may be able to obtain accommodations to their work and class schedules and housing, as well as safety and Supportive Measures, such as No Contact Orders, from the Title IX Coordinator if such Measures are needed to fully participate in College life.

Those who are reported to have been impacted by PBIV are never required to communicate with the Title IX Coordinator or participate in a College or law enforcement investigation. However, if the Title IX Coordinator receives information that an Emerson College Community Member engaged in conduct prohibited by this Policy, that information is considered a report and will be reviewed by the Title IX Coordinator. The Title IX Coordinator will respect a Reporting Party’s wishes with regard to any available response to a report, including access to Supportive Measures, entering an Informal Resolution Process, requesting the Formal Resolution Process, or choosing to take no action. The Title IX Coordinator will consider the individual’s wishes and the safety of the Emerson community in making the determination of whether to initiate an investigation.

The College recognizes that an Emerson College Community Member may choose to report PBIV to any trusted employee of the College. For example, a student may disclose to a Resident Assistant or Residence Director, a staff or faculty advisor, or a coach, all of whom are responsible employees who must report PBIV to the College’s Title IX Coordinator immediately, but no more than 48 hours after learning of reported PBIV.

B.  Supportive Measures

Any Party or Witness may request Supportive Measures from the Title IX Coordinator or designee. Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, reasonably available, and without fee or charge to the Reporting Party, the Responding Party, or Witness before or after the filing of a Formal Report or where no Formal Report has been filed. Supportive Measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including Supportive Measures designed to protect the safety of all parties or the College’s educational environment, or deter prohibited conduct.

The College strongly recommends that people who have experienced PBIV consider seeking assistance and requesting Supportive Measures whether or not they file a report, or initiate or participate in an investigation. The College may implement Supportive Measures to achieve the goals of this Policy, even if not specifically listed here. The Title IX Coordinator or designee in consultation with College personnel, as appropriate, will individually assess requests for a Supportive Measure in accordance with this Policy and applicable law.

The College is committed to supporting its community members through coordination across schools, offices and divisions, as appropriate. Even when a Reporting Party, a Responding Party or witness does not specifically request Supportive Measures, the College may choose to implement Supportive Measures to promote the safety of any individual, the broader College community, or the integrity of the review process. The range of Supportive Measures may include but is not limited to:

  • No Contact Order: Any person may request, or the College may issue, communication and contact restrictions to prevent further PBIV. These communication and contact restrictions generally preclude in-person, telephone, electronic, or third-party communications. In some cases, an individual may also wish to consider an Abuse Prevention Order or a Harassment Prevention Order from local courts. This is a court proceeding independent of the College. If a court order is issued the College will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and will also facilitate on-campus compliance with the order. The College may also limit an individual or organization’s access to certain College facilities or activities as part of the No Contact Order.
  • Stay Away Directives: No Contact Orders may also include Stay Away Directives. The College may issue these restrictions to prevent further PBIV.
  • No Trespass Order: The Emerson College Police Department may issue a No Trespass Order upon persons who are prohibited from accessing campus.
  • Academic, Employment, or Residence Modifications: Any person may request academic or employment accommodations, or a change in residence as a Supportive Measure. An individual who requests assistance in changing their academic, employment, or living situation will receive reasonably available accommodations. These may include:
    • Academic accommodations, including changing a class schedule, taking an incomplete grade, dropping a course without penalty, participating in a class remotely or by other alternative means, providing an academic tutor, or extending deadlines for assignments. The Title IX Coordinator will consult with the Dean of the department, as appropriate.
    • Change of residence hall assignment.
    • Change in work assignment or schedule.
    • Providing an escort to ensure safe movement between classes and activities.

Supportive Measures do not preclude the College from relocating or otherwise making reasonable changes to the academic or employment status of an Emerson College Community Member for the purpose of preserving access to education and employment.

If an individual has been removed from the Emerson community, or is otherwise no longer an Emerson College Community Member, the College may prohibit that individual from accessing, using, or participating in any Emerson program, facility, or activity. This may include but is not limited to auditing classes, retaining the use of an emerson.edu email address, filming or soliciting on Emerson’s campus, or otherwise enjoying any other benefit offered to Emerson College Community Members. This provision applies to former students, staff, faculty, and affiliated third parties.

Under U.S. Department of Education Title IX Regulations, Supportive Measures may include the above in addition to counseling, extensions of deadlines or other course-related adjustments, campus escort services, mutual restrictions on contact between the parties, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar Measures. Supportive Measures may be requested by and provided to any Party or Witness in a Formal or Informal Resolution Process.

  • Emotional Support and Advocacy: The College’s Healing & Advocacy Collective and additional resources identified in the Campus and Community Resources sections of this Policy are available to the Emerson community.

C.  Violations of Supportive Measures

Violations of Supportive Measures, including No Contact Orders and Stay Away Directives, should be reported as soon as possible to the Title IX Coordinator or Emerson College Police Department. The Title IX Coordinator will review all reports of violations of Supportive Measures and determine whether to impose corrective action for the reported violations. In making this determination, the Title IX Coordinator will consult with the Title IX Team, as appropriate. Corrective action for a violation of Supportive Measures may include but is not limited to any Sanction or Disciplinary Action included in Appendix B up to and including dismissal from the College and/or termination of employment or other contractual or business relationship with the College, or any other measures deemed appropriate by the College.

D.  Law Enforcement Process

All Emerson College Community Members have the option to report PBIV to law enforcement if the conduct is also a crime. The Emerson College Police Department (ECPD) can be reached at 617-824-8888 (Emergency Line). ECPD is available 24 hours a day year-round and can assist Emerson College Community Members regardless of whether conduct occurred on or off campus.

ECPD will provide information about rights and resources including confidential resources. ECPD will assist any Emerson College Community Member to get to a safe place and, if the individual wishes, will arrange for transportation to a hospital or other medical provider. ECPD can also connect individuals with the Healing & Advocacy Collective, Safelink, or the Boston Area Rape Crisis Center. If someone wishes to file a police report with local law enforcement, ECPD will assist by contacting the police department of the local jurisdiction where the conduct occurred and facilitating a meeting on Emerson’s campus, if requested. Contacting ECPD does not obligate an individual to file a police report.

If an Emerson College Community Member has been threatened or harmed by someone who is not affiliated with the College, ECPD can issue No Trespass Orders prohibiting those persons from entering campus property. In addition, ECPD will provide upon request an escort to ensure safe movement between classes and activities.

Individuals can also choose to contact their local law enforcement to make a report on their own. For example, to report PBIV that occurred in Boston, an Emerson community member may choose to contact the Boston Police Department by dialing 911 or by calling 617-343-4200.

Regardless of whether an individual chooses to report PBIV to law enforcement or to seek medical attention, individuals can always obtain confidential support and assistance from the Healing & Advocacy Collective, as well as assistance from College offices and administrators including but not limited to the Title IX Coordinator.

E.  Coordination with Law Enforcement

If an individual chooses to report an incident of PBIV to ECPD and authorizes ECPD to notify local law enforcement, the Chief of ECPD or designee will notify the law enforcement agency with jurisdiction over the reported crime. To the extent permitted by law, the College will assist a Reporting Party in making a police report and will cooperate with law enforcement agencies if a Reporting Party decides to pursue the criminal process.

This Policy differs in substance and procedure from criminal prosecution. A law enforcement decision whether or not to prosecute a Responding Party does not mean Emerson will or will not conduct an investigation or make a determination regarding responsibility as to whether an Emerson College Community Member is responsible for conduct in violation of this Policy.

Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. If a police report is filed, the College may be required to temporarily suspend its investigation while law enforcement gathers evidence. In such cases, the College will promptly resume its investigation after being notified that the law enforcement agency has completed its evidence gathering process. The outcome of any criminal prosecution related to a report of PBIV will be taken into consideration in any College investigation of the report.

III.  Medical Attention, Confidential Resources, and Additional Resources

A.  Medical

There are multiple reasons why individuals who have experienced Power-based Interpersonal Violence (PBIV) may seek medical care at different times, such as due to a physical injury, sexually transmitted infection and HIV prophylaxis, concerns regarding pregnancy, and/or for a forensic medical exam to preserve evidence.

The College encourages individuals who have experienced PBIV to seek assistance from a medical provider at any time, if needed. A medical provider can provide routine and emergency medical services, as well as information concerning any health care concerns related to PBIV, in a confidential medical setting.

To collect and preserve physical forensic evidence for potential criminal prosecution, an individual should seek a forensic exam. There is a limited window of time (typically 5 days or 120 hours) following sexual assault to preserve physical and other forms of evidence. Gathering evidence does not commit an individual to any course of action. The decision to gather any evidence and seek medical attention is confidential and may preserve options through the criminal justice system. During the course of a forensic exam, concerns regarding physical injury, risk of pregnancy, and prophylaxis can also be addressed.

Massachusetts law requires medical personnel to report to law enforcement when an individual seeks medical treatment related to sexual assault. This report does not include the patient’s name, address, or other identifying information. This report does include a general location of where the assault occurred, if known by medical personnel. For additional information see www.mass.gov/eopss/law-enforce-and-cj/law-enforce/sexual-dom-viol/provider-sexual-crime-report.html.

B.  Confidential Resources

The College recognizes there are individual and societal barriers to reporting and not every individual who experiences Power-based Interpersonal Violence (PBIV) will choose to report to the College or local law enforcement. The College offers confidential resources for those individuals who are seeking support and do not want to report PBIV to an Emerson College Community Member who is required to share detailed information about their report with the College’s Title IX Coordinator.

Individuals seeking to talk to someone at the College concerning PBIV, without making a report to the College or initiating any action or investigation by the College, may utilize the confidential services of the Healing & Advocacy Collective, Emerson Counseling and Psychological Services (ECAPS), and Center for Health and Wellness (CHW). These resources are bound by professionally- and legally-recognized confidentiality that prohibits the release of information without that individual’s express written consent except as required by law.

Discussing PBIV with a confidential resource will also not result in a report to law enforcement or a state agency, unless a report concerns abuse of minors (under the age of 18), abuse by a caregiver, homicidal ideation, or suicidal ideation, in which case law enforcement or a state agency must be notified.

In addition, medical personnel report to the local police and state limited demographic data when an individual who has experienced rape or sexual abuse seeks medical treatment.

The following Emerson College resources are confidential:

  • Healing & Advocacy Collective: Students, staff, and faculty can access resources, support, advocacy, and counseling. Healing & Advocacy can be reached at 617-824-8857. Detailed information about Healing & Advocacy can be found at http://www.emerson.edu/healing.
  • Center for Health and Wellness (CHW): Students can access non-emergency medical care. CHW can be reached at 617-824-8666. Detailed information about CHW’s services and hours of operation can be found at http://www.emerson.edu/health-center.
  • Emerson Counseling and Psychological Services (ECAPS): Students can access counseling and any Emerson College Community Member can request referrals. ECAPS can be reached at 617-824-8595. Detailed information about ECAPS’ services and hours of operation can be found at http://www.emerson.edu/counseling-center.
  • Employee Assistance Program: Staff and faculty can access referrals to medical, counseling, and additional forms of support through a confidential third party Employee Assistance Program, which can be reached at 1-800-828-6025. Detailed information about the Employee Assistance Program can be found at /employee-assistance.

C. Healing & Advocacy Collective (Confidential)

The Healing & Advocacy Collective is confidential, free, and available to all Emerson students, staff, and faculty who have been impacted by Power-based Interpersonal Violence (PBIV) no matter where or when the harm occurred.

The following is a message from the Healing & Advocacy Collective:

If you have experienced PBIV you do not have to figure this out on your own. Healing & Advocacy supports Emerson College Community Members, as well as their family and friends, and can be reached at 617-824-8857 or advocate [at] emerson.edu. You’re not alone.

Healing & Advocacy offers confidential trauma-informed support, including confidential counseling and advocacy. This can include:

  • Sharing information about rights, options, and additional resources;
  • Support coping with the impacts of PBIV;
  • Developing safety plans;
  • Requesting accommodations (housing, academic, work, social, financial);
  • Requesting Supportive Measures from Emerson, such as No Contact Orders;
  • Applying for protective orders (Abuse Prevention Order, Harassment Prevention Order) from civil court;
  • Offering information about campus, medical, reporting, and legal processes;
  • Going with you to campus, medical, and legal appointments, hearings, and processes; and
  • Helping connect you with additional campus and community resources (local, U.S., and international) if needed.

You can decide what is most helpful for you.

Additional information about services the Healing & Advocacy Collective provides is available at www.emerson.edu/healing.

Please see here for additional information concerning available counseling, campus, legal, medical, and additional resources available through the College.

D.  Additional College Resources

The College offers additional resources that can provide crisis intervention, counseling, academic, housing, and medical services to Emerson College Community Members. Such services include:

  • Office of Student Success: Students can access financial support, the leave of absence process, and a food pantry through the Office of Student Success, which can be reached at 617-824-8650. Detailed information about services provided can be found here.
  • Office of Spiritual Life: Emerson College Community Members can access spiritual support and pastoral care through the Office of Spiritual Life, which can be reached at 617-824-8036. Detailed information about services provided can be found here.

E.  Additional Community Resources

There are various organizations that provide crisis intervention, counseling, and medical services, as well as assistance in interfacing with the criminal/civil legal system. Emerson College Community Members are encouraged to utilize the resources that are suited to their needs, whether on or off campus. Some resources in the local Boston area include:

Community Resources
Boston Area Rape Crisis Center (BARCC): 800-841-8371 (hotline); 617-492-8306 Fenway Community Health Violence Recovery Program: 617-927-6250 or 800-834-3242
Safelink (Relationship Violence): 877-785-2020 Victim Rights Law Center: 617-399-6720
Center for Violence and Recovery: 617-667-8141 Community Legal Services and Counseling Center: 617-661-1010
The Network La Red (LGBTQ): 617-742-4911 Greater Boston Legal Services: 617-317-1234
Immigration Equality Catholic Charities (Immigration/Legal Assistance): 617-268-9670
Administrative Agency Resources
Agency/Contact Description
MA Commission Against Discrimination (MCAD): 617-994-6000 The MCAD enforces certain Massachusetts laws prohibiting sex discrimination and sexual harassment. For claims of workplace discrimination, the statute of limitations for filing a report is 300 days from the last date of discrimination.
Equal Employment Opportunity Commission (EEOC): 800-669-4000 The EEOC enforces federal law prohibiting sexual discrimination and sexual harassment in the workplace. The statute of limitations for filing a report is 300 days from the last date of discrimination.
U.S. Department of Education, Office for Civil Rights (OCR):
617-289-0111
While OCR reports should generally be filed within 180 days of the last date of the discrimination, OCR may extend this filing deadline in a variety of circumstances.

Community resources available 24 hours a day year-round include:

  • United States
    • United States Helpline (Sexual Assault and Harassment): 800-656-4673
    • US Helpline (Dating/Domestic/Relationship Violence, Stalking): 800-799-7233
    • Anti-Violence Helpline (LGBTQ): 212-714-1141
  • Netherlands and International
    • Netherlands: Slachtofferwizer Helpline (Sexual Assault and Harassment): 011-31-88755-5588
    • Netherlands Slachtofferhulp Helpline (Dating/Domestic/Relationship Violence, Stalking): 011-31-90001-01
    • Help for Americans Abroad (Interpersonal Violence): 866-879-6636
    • Rape Crisis Network Europe (Sexual Assault and Harassment): www.rcne.com
    • Relationship Violence Helpline Locator: www.hotpeachpages.net

Additional national and international resources are available on the Healing & Advocacy Collective website at /departments/healing-advocacy/find-support.

IV.  Reporting

A.  Purpose of Reporting

The College strongly encourages individuals who have experienced Power-based Interpersonal Violence (PBIV) to report the conduct to the College’s Title IX Coordinator and/or to local law enforcement. Reporting enables the College to respond promptly and take corrective action to stop, prevent, and remedy PBIV in all its forms.

Reports can be made to one or more of the following: the College’s Title IX Coordinator, members of the Title IX Team, the Emerson College Police Department (ECPD), and local law enforcement.

B.  Emerson College Community Members Who Must Report Power-Based Interpersonal Violence (PBIV)

  1. Responsible Employees: All College employees, except for employees designated as confidential resources (See Section III.B - Confidential Resources), are considered responsible employees and are required to promptly report to the Title IX Coordinator information that any Emerson College Community Member is reported to have engaged in or been impacted by prohibited conduct, regardless of whether the person reported to have committed the PBIV is an Emerson College Community Member or whether the incident occurred on campus. A responsible employee cannot agree to keep such information confidential but will otherwise keep such information as private as possible.
  2. Campus Security Authorities (CSA): Some College employees who have responsibilities over student and campus activities have an additional reporting obligation as a Campus Security Authority (CSA). A CSA must report certain limited and de-identified information concerning criminal activity, including, but not limited to, reports of sexual assault, dating or domestic violence, and/or stalking so that the College can promote safety and compile statistics under the Clery Act. Examples of CSAs may include but are not limited to:
    • The Title IX Coordinator
    • Resident Assistants
    • Staff employees of Housing and Residence Life
    • Staff and faculty advisors to student organizations
    • Athletic coaches
    • Faculty directors of study abroad programs
    • College police and affiliated third party security officers

      To confirm whether an Emerson College Community Member is a CSA, please contact the College’s Title IX Coordinator or Emerson College Police Department.
  3. Creative Content: As a general rule, disclosures learned through climate surveys, academic writing assignments or presentations, human subjects research, or events such as Take Back the Night marches or speak-outs are not required to be reported to the Title IX Coordinator. While not required, staff and faculty may still report the disclosure, particularly if concerned about ongoing harm, criminal behavior, etc., and the Title IX Coordinator or designee will provide outreach to the Reporting Party and share information about available Supportive Measures and resolution processes.

C.  Time Frame for Reporting

Campus Security Authorities and responsible employees must report PBIV immediately, but no longer than 48 hours after learning of a report of PBIV, to maximize the College’s ability to support a Reporting Party and respond promptly and equitably. The College does not limit the timeframe for reporting. Upon receipt of a report, the Title IX Coordinator will conduct an assessment to determine if an investigation and/or any requested Supportive Measures are necessary to maintain the individual’s or the Emerson community’s safety. Delays in reporting may limit the College’s ability to investigate or implement corrective actions. The College reserves the right to restrict an individual’s access to Emerson campuses and community including but not limited to alumni activities and privileges.

D.  False Reporting

Knowingly filing or threatening to file a false report, i.e., a report not filed with a good faith belief that the reported conduct constituted a violation of this Policy, for any purpose, including but not limited to intimidation, harassment, coercion, or retaliation against an individual in violation of this Policy, may result in Sanctions or Disciplinary Action up to and including dismissal from the College or termination of employment.

V.  Emergency Removal & Administrative Leave

A.  Emergency or Interim Suspension, Administrative Leaves, and Other Actions

The College, through the Title IX Coordinator, may at its discretion initiate emergency and/or interim suspensions of students and suspension or dismissal of employees in accordance with the College’s other policies, procedures, and practices.

See Section X.I-K for information about the process for considering the Emergency Removal of a student or student organization, or for considering Administrative Leave of an employee under this Policy.

B.  Emergency Removal of Students or Employees in Title IX-Regulated Conduct Cases

When the College determines that there is an immediate threat to the physical health or safety of any student or other individual arising from reported conduct that falls within the narrower definition of conduct covered by U.S Department of Education Title IX Regulations the College can remove a Responding Party from its education program or activity and issue any necessary related No Trespass and No Contact Orders. The College will make the decision to remove a Responding Party from its education program or activity based on an individualized assessment and risk analysis.

See Section X.I-K for information about the process for considering the Emergency Removal of a student for Title IX-Regulated conduct under this Policy.

C.  Administrative Leave in Title IX-Regulated Conduct Cases

The College maintains the discretion to place staff and faculty employee Responding Parties on administrative leave with or without pay during any Informal or Formal Resolution Process.

In consultation with the Title IX Coordinator or designee, the College may place student employee Responding Parties on administrative leave from their employment during any Informal or Formal Resolution Process where deemed appropriate as a Supportive Measure under circumstances where it can do so without unreasonably burdening the student employee Responding Party. The College may reassign the employment location and duties of student employee Responding Parties as a Supportive Measure to prevent harm, or restore or preserve equal access to the College’s education program or activity. In assessing the appropriateness of such a measure, the Title IX Coordinator will ensure that such action is not punitive, disciplinary, or unreasonably burdensome on the Responding Party.

See Section X.I-K for additional information.

VI.  Assessment and Informal and Formal Resolution Processes

The process for responding to reports of Power-based Interpersonal Violence (PBIV) will, in part, be determined by the role of the Responding Party. See Sections X-XII: Reporting, Resolution, and Sanctions and Appeals Processes. Each Process is guided by the same principles of fairness and respect for all parties. Resources are available for both students and employees, whether as Reporting Parties or Responding Parties, to provide guidance throughout the review, and any Informal or Formal Resolution Process.

VII.  The National Collegiate Athletic Association (NCAA) and Student Athletes

As a NCAA member school, the NCAA requires that all prospective, incoming, current, and transfer college athletes must disclose annually to the College whether their conduct has resulted in an investigation or discipline through a Title IX proceeding or a criminal conviction for sexual, interpersonal, or other acts of violence. A failure by the athlete to accurately and fully disclose investigatory activity, a disciplinary action, or criminal conviction may result in Sanctions or Disciplinary Actions including but not limited to a loss of athletics eligibility as determined by the College.

The Title IX Coordinator or designee in consultation with the appropriate departments will take reasonable steps to confirm the information provided by prospective, incoming, current, and transfer student athletes and, in a manner consistent with federal and state law, provide it to other member schools if the student athlete attempts to enroll in a different college or university. As a NCAA member, the College must have policies in place to gather conduct-related information from former schools attended by recruited prospects or transfer student athletes.

VIII.  Role of the Title IX Team

The Title IX Coordinator leads an interdepartmental team (Title IX Team) that meets periodically during the academic year. The purpose of the Title IX Team is to ensure consistent application of this Policy and to enable the College to respond promptly and equitably to eliminate Power-based Interpersonal Violence (PBIV), prevent its recurrence, and address its effects. The Title IX Team is further charged with the ongoing assessment of assessing College policies and procedures for responding to reports of PBIV for compliance with best practices.

The Title Coordinator will consult with one or more members of the Title IX Team, as appropriate, for assistance with the review of reports of PBIV and the implementation of appropriate Supportive Measures. Members of the Title IX Team include the Title IX Coordinator, the Deputy Title IX Coordinator/Investigator, the Title IX Liaisons, the Assistant Vice President of Student Affairs, the Assistant Dean of Campus Life, the Chief of Emerson College Police Department, the Title IX Investigator(s) employed or retained by the College, and others as may be deemed necessary by the Title IX Coordinator. The Title IX Coordinator may also consult with the Office of General Counsel for a broader legal perspective related to a report of PBIV. See Appendix D – Title IX Team for contact information for the Title IX and Deputy Title IX Coordinators and the Title IX Team.

IX.  Record Keeping

For each report of conduct prohibited by this Policy the College must maintain for a period of seven (7) years records of:

  • Any actions, including any Supportive Measures, taken in response to a report or Formal Report of PBIV. In each instance, the College must document the basis for its conclusion, that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity. If the College does not provide a Reporting Party with Supportive Measures, then the College must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
  • Any determination regarding responsibility and any audio or audiovisual recording or transcript, any Sanctions/Disciplinary Actions imposed on the Responding Party, and any remedies provided to the Reporting Party designed to restore or preserve equal access to the College’s education program or activity;
  • Any Appeal and the determination;
  • Any Informal Resolution Process and the outcome; and
  • All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an Informal Resolution Process. The College must make these training materials publicly available on the College website.

The documentation of certain bases or measures does not limit the College in the future from providing additional explanations or detailing additional measures taken.


Reporting, Resolution, and Sanctions & Appeals Processes

Overview

The following Processes apply to all reports6 of Power-based Interpersonal Violence (PBIV) involving Emerson College Community Members. Union employees are subject to the rights and obligations of this Policy to the degree they do not conflict with other federal or state law.

U.S. Department of Education Title IX Regulations refer to “any individual who is alleged to be the victim of sexual harassment” as a “complainant.” For the purposes of this Policy they are referred to as a “Reporting Party.” U.S. Department of Education Title IX Regulations refer to “any individual who is reported to be the perpetrator of sexual harassment” as a “respondent.” For the purposes of this Policy they are referred to as a “Responding Party.”

The College encourages everyone to seek assistance from Access, Equity, & Title IX; an Advisor; the Healing & Advocacy Collective; or another confidential resource for guidance when reviewing this Policy. No person has to disclose information or report PBIV in order to ask questions about this Policy or Process.

The following sections include information about the Reporting, Resolution, and Sanctions and Appeals Processes.

The Reporting Process Section (X) includes:

  • Information about reporting PBIV.
  • Information about the College’s response to reports of conduct that meet the College’s definition of PBIV (College-Regulated Response).
  • Information about the College’s response to reports of conduct that meet U.S. Department of Education Title IX Regulations’ definition of PBIV, which is referred to as sexual harassment (Title IX-Regulated Response).     

The Resolution Processes Section (XI) includes:

  • A Summary of Resolution Processes for all prohibited conduct.
  • An Overview of Resolution Processes.
  • Information about Informal Resolution Processes.
  • An Overview of the Formal Resolution Process.
  • Information about Formal Resolution Process for reports of conduct that meet the College’s definition of PBIV.
  • Information about Formal Resolution Process for reports of conduct that meet U.S. Department of Education Title IX Regulations’ definition of PBIV (or reports against a student Responding Party for any prohibited conduct that occurred while enrolled at Emerson Los Angeles), which is referred to as sexual harassment.

The Sanctioning and Appeals Process Section (XII) includes:

  • Information about the Sanctions Process for students and student groups/organizations.
  • Information about the Disciplinary Process for staff and faculty.
  • Information about violation of Sanctions/Disciplinary Actions.
  • Information about Appeals Processes.
  • Information about the resolution of reports for affiliated third parties.

X.  Reporting Process

The following section includes the initial process for reporting Power-based Interpersonal Violence (PBIV) and the ways the College will respond to a report.

A.  Reporting Power-Based Interpersonal Violence (PBIV)

The College will respond to every report of PBIV, including relationship violence, dating violence, domestic violence, sexual assault, rape, sexual harassment, sexual exploitation, stalking, gender-based harassment, intimidation, aiding or facilitating prohibited conduct, and related retaliation (See Section I.H - Policy Definitions of Prohibited Conduct).

The person directly impacted by PBIV (Reporting Party) may submit a report of conduct prohibited by this Policy. While the College permits anonymous reporting, the College may be limited in its ability to respond and provide Supportive Measures if an anonymous report does not include the names of the people involved and a detailed description of the conduct.

The College values self-determination and agency. The Title IX Coordinator will therefore respect a Reporting Party’s wishes with regard to any available response to a report, including access to Supportive Measures, entering an Informal Resolution Process, requesting the Formal Resolution Process, or choosing to take no action.

Under limited circumstances, when information in a report indicates that the person reported to have caused harm (Responding Party) may be a continuing threat to the Emerson community, the Title IX Coordinator may determine it is necessary for the College to proceed with an investigation in accordance with the process described below without the Reporting Party’s request to do so. Factors that may influence the Title IX Coordinator’s decision to proceed with an investigation include but are not limited to:

  • The use of a weapon before, during, or after the incident.
  • Multiple Reporting Parties or Responding Parties.
  • Awareness of a record of similar offenses, including prior reports about the Responding Party that suggest serial, escalating, or progressive behavior.
  • Physical battery or restraint.
  • Soliciting the aid of another before, during, or after the incident.

Acting or attempting to retaliate or seek retribution against a person for reporting conduct that may violate this Policy, or any individual or group of individuals acting or attempting to deter the response, reporting, investigation, and/or outcome of a report of PBIV, will be treated as a separate disciplinary matter subject to immediate Sanctions or Disciplinary Actions up to and including suspension or dismissal from the College and/or termination of employment.

B.  College-Regulated Response to Power-Based Interpersonal Violence (PBIV)

When the Title IX Coordinator receives a report, the Title IX Coordinator or designee will assess the information in the report to determine whether any conduct reported, if true, would constitute PBIV in violation of this Policy, and whether any measures are necessary to ensure the safety of the Reporting Party, the College community, and those involved.

The Title IX Coordinator will conduct an initial outreach to the Reporting Party to share information about confidential resources, Supportive Measures, any rights to file a police report, and information about Formal and Informal Resolution Processes.

A Reporting Party is never required to communicate with the Title IX Coordinator or participate in an investigation by the College. If the Reporting Party chooses to respond or communicate with the Title IX Coordinator, the Reporting Party may choose to request Supportive Measures and an Informal or Formal Resolution Processes.

Even without choosing to initiate or participate in the Formal Resolution Process, a Reporting Party can obtain Supportive Measures designed to enable access and participation in employment, education, and College housing, as well as safety measures, such as a No Contact Order or Stay Away Directive issued by the Title IX Coordinator.

If a Reporting Party requests that the Title IX Coordinator proceed with a Formal Resolution Process, the Title IX Coordinator will issue a Notice of Intent to Investigate to all Parties, which includes additional information about available Supportive Measures, Informal Resolution Processes, and a Formal Resolution Process that does not require a live hearing (See Section XI.B1. - Notice of Intent to Investigate).

  1. Emerson Los Angeles (ELA) Process. In order to comply with California state law, if the College initiates a Formal Resolution Process against a student Responding Party for prohibited conduct that occurred while enrolled in an ELA program or activity, including conduct not covered by U.S. Department of Education Title IX Regulations, the College will provide a live hearing consistent with the Title IX-Regulated Formal Resolution Process (See Section XI.F. - Title IX-Formal Regulated Resolution Process — Live Hearing).
  2. Emergency or Interim Suspension, Administrative Leaves, and Other Actions. The College may at its discretion initiate emergency and/or interim suspensions of students and suspension or dismissal of employees in accordance with the College’s other policies, procedures, and practices.

C.  U.S. Department of Education Title IX-Regulated Response to Power-Based Interpersonal Violence (PBIV)

U.S. Department of Education Title IX Regulations require specific processes for the College’s response to and resolution of a report of PBIV if the report may meet the following criteria:

  • At the time of filing a report, the Reporting Party is participating in or attempting to participate in the College’s education program or activity7;
  • The prohibited conduct includes sexual harassment, sexual assault, stalking, dating or domestic violence as defined by U.S. Department of Education Title IX Regulations8 (See Section I.H - Policy Definitions of Prohibited Conduct);
  • The conduct must have occurred in an education program or activity of the College; and
  • The conduct must have occurred in the United States.

D.  Initial Review of Report and Outreach

Upon receipt of a report of prohibited conduct that may meet the criteria for a Title IX-Regulated response, the Title IX Coordinator or designee will promptly contact the Reporting Party to provide information about the availability of Supportive Measures (See Section II.B. - Supportive Measures) with or without filing a Formal Report and, where possible, respect the Reporting Party’s wishes concerning Supportive Measures. The Title IX Coordinator or designee’s outreach to the Reporting Party will also provide information about the process for filing a Formal Report.

E.  Filing a Formal Report

A Formal Report9 is a document filed and signed by a Reporting Party, or signed by the Title IX Coordinator, reporting PBIV against a Responding Party and requesting that the College address the conduct through an Informal or Formal Resolution Process. To file a formal a report, a Reporting Party must submit the following information:

  • The name of the Responding Party, or if unknown, information sufficient to allow the College to identify the Responding Party;
  • A statement explaining the nature and circumstances of the conduct, including any Witnesses; and
  • The name and contact information of those making the report.

If a Reporting Party submits a signed, written Formal Report to the Title IX Coordinator that meets the above criteria and requests action by the College, the Title IX Coordinator or designee will issue the Notice of Intent to Investigate (See Section XI.B - Notice of Intent to Investigate).

F.  Dismissal of a Formal Report

If the Title IX Coordinator determines that the conduct in the Formal Report does not meet the above criteria requiring a Title IX-Regulated response, U.S. Department of Education Title IX Regulations require that the Title IX Coordinator formally “dismiss” the report from the Title IX-Regulated response process.

The Title IX Coordinator may also dismiss some or all of a Formal Report if any of the following occurs:

  • A Reporting Party notifies the Title IX Coordinator in writing that the Reporting Party does not want to proceed with some or all of the Formal Report.
  • The Responding Party is no longer enrolled in or employed by the College.
  • Specific circumstances prevent the College from gathering evidence sufficient to reach a determination regarding responsibility as to any prohibited conduct in the Formal Report.

If the Title IX Coordinator dismisses a report from the Title IX-Regulated response, the Title IX Coordinator may still approve the Formal Report for an Informal or Formal Resolution Process (that does not include a live hearing) under other sections of this Policy (See Section XI.E - College-Regulated Formal Resolution Process).

G.  Appeal of Dismissal of a Formal Report

When there has been a dismissal for failure to meet U.S. Department of Education Title IX Regulations criteria, the Title IX Coordinator will provide an opportunity for the Parties to Appeal the dismissal.

An Appeal of a dismissal of a Formal Report must be submitted in writing to the Title IX Coordinator within three (3) business days of when the College notified the parties of the dismissal for Title IX purposes. The Title IX Coordinator will not meet with the Parties to discuss the grounds for Appeal. All bases for the Appeal must be included in the written document when submitted to the Title IX Coordinator. The Title IX Coordinator will review the written Appeal to ensure it was filed in a timely manner and, if so, send the Appeal to the appropriate Appeal Administrator.

Appeal of a dismissal may be submitted on one or more of the following grounds:

  • Procedural irregularity that affected the outcome of the matter,
  • New evidence that was not reasonably available at the time the Title IX Coordinator made the determination regarding dismissal that could affect the outcome of the matter, and/or
  • The Title IX Coordinator had a conflict of interest or bias for or against Reporting or Responding Parties generally or the individual Reporting Party or Responding Party that affected the outcome of the matter.    

See Section XII.D.1 - Grounds for additional information on how each of the above bases for Appeal will affect the process for resolution of the Appeal.

The Appeal Administrator will complete the review of an Appeal of a dismissal within three (3) business days, which will include submitting a written determination to the Title IX Coordinator. The Title IX Coordinator will immediately notify the Parties of the Appeal Administrator’s determination.

Extenuating circumstances including but not limited to the complexity of a matter may require an extension beyond three (3) business days. In the event that this Process exceeds this time frame, the Title IX Coordinator or Appeal Administrator will notify all Parties of the need for additional time and best efforts will be made to complete this process in a timely manner.

H.  Title IX-Regulated Response for Hybrid Reports

A Hybrid Report is a Formal Report concerning: (a) prohibited conduct that does not require a Title IX-Regulated response; and (b) prohibited conduct that does require a Title IX-Regulated response. The College will process and resolve all prohibited conduct in a Hybrid Report in accordance with the Title IX-Regulated response (See Section XI.F. - Title IX-Regulated Formal Resolution).

I.  Emergency Removal

When the Title IX Coordinator or designee determines that there is an immediate threat to the physical health or safety of any student or other individual arising from reported conduct that falls within the definition of Title IX-Regulated conduct in this Policy, the College can remove a Responding Party from its education program or activity and issue any necessary related No Trespass and/or No Contact Orders. The Title IX Coordinator will make the decision to remove a Responding Party from the College education program or activity based on an individualized assessment and risk analysis. Factors the Title IX Coordinator considers in making this determination include but are not limited to:

  • The nature of the reported conduct constituting sexual harassment,
  • Whether there is a threat of physical self-harm in reaction to being reported for prohibited conduct,
  • Whether the Responding Party has made threats to the physical health and safety of the Reporting Party or others, or
  • Whether there are prior reports about the Responding Party that suggest escalating or progressive behavior.
  1. Challenge to Emergency Removal. If the Title IX Coordinator determines Emergency Removal is necessary, the Title IX Coordinator will issue a Notice of Removal to the Responding Party and provide the Responding Party with the option of submitting a written request for reconsideration to the Title IX Coordinator and/or request to meet (in person or virtually) with the Title IX Coordinator. The Notice of Removal will explain the factors on which the Title IX Coordinator relied in making the individualized safety and risk analysis.

    The request for reconsideration is not intended to resolve the underlying reported conduct but is rather to provide the Responding Party with notice and the opportunity to be heard regarding the Emergency Removal. Any challenge by the Responding Party should be submitted within two (2) business days of the delivery of the Notice of Removal. The Responding Party’s challenge should address why, in their view, Emergency Removal was not warranted by the circumstances. The Title IX Coordinator will provide a written response to the Responding Party within two (2) business days from receipt of the Responding Party’s written request for reconsideration.

J.  Administrative Leave/Relocation for Student Employees as Supportive Measure

In consultation with the Title IX Coordinator or designee, the College may place student employee Responding Parties on administrative leave from their employment during any Informal or Formal Resolution Process (See Section V - Emergency Removal & Administrative Leave) where deemed appropriate as a Supportive Measure under circumstances where it can do so without unreasonably burdening the student employee Responding Party. The College may reassign the employment location and duties of student employee Responding Parties as a Supportive Measure to prevent harm, or restore or preserve equal access to the College’s education program or activity. In assessing the appropriateness of such a measure, the Title IX Coordinator will ensure that such action is not punitive, disciplinary, or unreasonably burdensome on the Responding Party.

K.  Administrative Leave for Staff and Faculty Employees

The College maintains the discretion to place staff and faculty employee Responding Parties on administrative leave with or without pay during any Informal or Formal Resolution Process (See Section V - Emergency Removal & Administrative Leave).

XI.  Resolution Processes

The following section includes the ways in which the College will respond to reports of Power-based Interpersonal Violence (PBIV), including Informal and Formal Resolution Processes.

A.  Summary of Resolution Options for All Prohibited Conduct Under this Policy

Once a Reporting Party has made a report to the Title IX Coordinator that concerns prohibited conduct under this Policy, the Reporting Party can choose whether they want to receive Supportive Measures without the College initiating any Resolution Process, as well as whether they would like the College to initiate an Informal or Formal Resolution Process.

If the Reporting Party requests an Informal or Formal Resolution Process the following will apply:

  1. Informal Resolution Process. At any time after the Reporting Party’s filing of a Formal Report and before the College’s Determination Regarding Responsibility in a Formal Resolution Process, the Reporting Party and the Responding Party may voluntarily enter into an Informal Resolution Process. The Title IX Coordinator will determine whether an Informal Resolution Process is appropriate. If applicable, the Title IX Coordinator will provide certain notices to the Parties as described below, and if the parties agree, assign a facilitator to work with the Parties, individually or together. Either Party may terminate an Informal Resolution Process at any time and return to the Formal Resolution Process. The College will not offer an Informal Resolution Process for reports that a staff or faculty member subjected a student to PBIV, or that a supervisor subjected an employee who reports to that supervisor to PBIV. See Section XI.C - Informal Resolution Processes for information on how a Reporting Party and Responding Party can enter into an Informal Resolution Process.
  2. Acceptance of Responsibility. At any time following issuance of the Notice of Intent to Investigate (See Section XI.B.1 – Notice of Intent to Investigate), the Responding Party may choose to end the Resolution Process by accepting responsibility for violating this Policy and accepting a Sanction/Disciplinary Action. After confirming that the Responding Party is making such a decision with full knowledge of their rights under the Formal Resolution Process outlined below, the Title IX Coordinator will then refer the matter to a Sanction Panel (for students and student groups/organizations) or the appropriate Vice President or Dean (for staff and faculty) to determine Disciplinary Action. See Sections XI.A.2 and XI.C.6 for information on how a Reporting Party can accept responsibility for a reported violation of this Policy.
  3. Formal Resolution Process. The Reporting Party may choose to have the College investigate and formally determine whether the Responding Party is responsible for violating this Policy and, if so, determine appropriate Sanctions or Disciplinary Actions up to and including removal from the community and/or termination of employment. See Section XI.D for information on how the Reporting Party can request a Formal Resolution Process.

B.  Overview of Resolution Processes

  1. Notice of Intent to Investigate. If a Reporting Party requests that the Title IX Coordinator proceed with an Informal Resolution Process or a Formal Resolution Process to determine responsibility for violating this Policy, or the Title IX Coordinator determines an investigation is necessary because information in a report indicates that the Responding Party may be a continuing threat to the Emerson community, the Title IX Coordinator will issue a written Notice of Intent to Investigate to all Parties, which will include a link to this Policy along with following information:
    • A description of Supportive Measures available to the Parties, and how to request any disability-related accommodations in connection with this process.
    • A list of confidential resources, such as the Healing & Advocacy Collective, healthcare providers, and counseling services on campus and in the local community.
    • A statement about the privacy of all proceedings and a reminder about the College’s strict policy against retaliation.
    • Notice that the Parties can have an Advisor and may under circumstances detailed below (i.e., where necessary to conduct a hearing or as required by law) be able to also have a Support Person of their choosing present throughout the process, and an offer to assist a Party in identifying an Advisor and Support Person.
    • A summary of the reported conduct, including the identity of the Parties, if known, the date(s) and location(s), and a description of the conduct reported.
    • An assessment that the reported conduct, if proved, would constitute a violation of specific, identified sections of this Policy, and any applicable procedures and potential Sanctions/Disciplinary Actions that could result from a Determination Regarding Responsibility.
    • A description of any Informal Resolution Processes available and how to request an Informal Resolution Process.
    • A reminder that a Determination Regarding Responsibility will only be made at the conclusion of a Formal Resolution Process, if requested, during which the Parties would have an opportunity to inspect and review all directly related and relevant evidence obtained during the investigation.
    • Notice of the availability of Supportive Measures designed to prevent further harm and unwelcome contact or communication with another Emerson College Community Member.
    • Notice to the Reporting Party of the right to pursue a police report or civil action against another for PBIV, or to seek from a court a restraining order, injunction, or other protective order.
    • Notice to the Reporting Party that the Healing & Advocacy Collective and/or the Emerson College Police Department are available to assist in contacting and communicating with local police and in seeking court orders.
    • A reminder that the Title IX Coordinator is available to speak with the Parties at any time if they have questions about this Policy or Process.
    • The name and contact information of the Investigator assigned, if the Reporting Party requests the Formal Resolution Process.
    • Notice that each Party will have the opportunity to offer facts, evidence, and Witnesses to the Investigator.
    • Notice for the Parties to preserve all evidence related to the reported conduct including but not limited to text messages, e-mails, photographs, or other physical and electronic evidence.
    • A statement notifying the Parties that knowingly submitting false statements or evidence during any process is a violation of this Policy, and may subject a Party or a Witness to Sanctions or Disciplinary Actions up to and including dismissal from the College or termination of employment; and
    • Per U.S. Department of Education Title IX Regulations, a statement that the Responding Party is presumed not responsible for the reported conduct and that a Determination Regarding Responsibility is made at the conclusion of the Formal Resolution Process.
  2. Additional Reports of Power-Based Interpersonal Violence (PBIV) Disclosed During an Investigation. New reports of prohibited conduct may be reported at any time during an investigation process. The Title IX Coordinator will review the new report based on the same criteria used to assess the initial report, and afford the same rights and response options to the individual filing the new report. Depending on the nature and timing of the report, the Title IX Coordinator will determine whether to investigate the new report along with the initial report or whether the new report will be investigated separately. If the new report is investigated along with the initial report, the Title IX Coordinator will amend the initial Notice of Intent to Investigate to include the new report.
  3. Reports of Non-Power-based Interpersonal Violence Policy Violations Disclosed During an Investigation. Where deemed appropriate at the discretion of the Title IX Coordinator, the Title IX Coordinator may assess for investigation and Formal Resolution Process any other reported violation(s) of any other College policies that do not fall within the prohibitions of this Policy, notwithstanding other College procedures (See Section I.G - Amnesty).

    If this assessment concludes with a Determination that the Responding Party is responsible for violating other College policies as well as this Policy, Sanctions or Disciplinary Actions will be imposed by a Sanction Panel or appropriate Vice President or Dean. The Title IX Coordinator may also decide in their discretion that such other College policy violations will be referred to and handled through separate College procedures.

    If there is a Determination that the Responding Party violated other College policies but not this Policy, the Determination will be referred to the Director of Community Standards or appropriate Vice President or Dean for imposition of any Sanction/Disciplinary Action.

    If during the course of an investigation the Investigator discovers potential violations of other College policies not previously reported, the Title IX Coordinator may amend the Notice to incorporate the additional violations or refer the potential violations of other College policies to the Director of Community Standards or the appropriate Vice President or Dean for review and any applicable Sanction/Disciplinary Action.
  4. Length of Process. The College will expeditiously conduct any Informal Resolution Process and/or Formal Resolution Process and make a good faith effort to complete any Processes promptly as circumstances permit, typically within 90-120 business days, including any Appeals. Some Processes may be extended due to the nature, extent, and complexity of the report, availability of Parties, Witnesses, etc. Any Resolution Process is generally not altered or rendered unavailable on the grounds that civil or criminal charges involving the reported PBIV have been filed or that criminal charges have been dismissed or reduced.
  5. Reasonable Delay. The College may allow for temporary delay for good cause in any Resolution Process including but not limited to a request from law enforcement to temporarily delay an investigation, the need for language interpretation or translation, the absence of Parties and/or Witnesses, College summer or holiday breaks, and/or accommodations for people with disabilities or health conditions. The Title IX Coordinator and/or Investigator will communicate in writing to the Parties the reason for and the anticipated duration of any delay, and provide the Parties with status updates, if necessary. During any such delay, the College will continue to implement Supportive Measures as appropriate. The College will resume any Resolution Process as soon as is feasible following a temporary delay.
  6. Regular Communication with the Parties. The Title IX Coordinator and/or Investigator will communicate regularly with the Parties to update them on the progress and timing of the investigation.
  7. Privacy. All Resolution Processes, including Informal Resolution Processes and the Formal Resolution Process, are private. All persons present at any time during a Resolution Process are expected to maintain the privacy of the proceedings in accordance with this Policy. Although there is an expectation of privacy around what Investigators share with Parties during interviews, the Parties have the discretion to share their own knowledge and evidence with others if they so choose, with the exception of information the Parties agree not to disclose related to Informal Resolution as discussed below. The College encourages Parties to discuss any sharing of information with their Advisors before doing so.
  8. False Report. Knowingly filing or threatening to file a false report, i.e., a report not filed with a good faith belief that the reported conduct constituted a violation of this Policy, for any purpose including but not limited to intimidation, harassment, coercion, or retaliation against an individual in violation of this Policy, may result in Sanctions and Disciplinary Actions up to and including dismissal from the College or termination of employment.
  9. Impartiality. Any individual materially involved in the administration of a Resolution Process including but not limited to the Title IX Coordinator, Deputy Title IX Coordinator, Investigator(s), Decision-Maker, Sanction Panelists, and Appeal Administrator(s) may neither have nor demonstrate a conflict of interest or bias for or against Reporting or Responding Parties generally or the individual Reporting Party or Responding Party.
  10. Graduating Responding Party. If the Responding Party is a graduating student, a hold may be placed on the release of the Responding Party’s diploma and/or official transcript until the matter is fully resolved (including any Appeal).
  11. Responding Party Withdrawal. At any time prior to a Determination Regarding Responsibility, a Responding Party has the right to withdraw as a student or resign as an employee from the College. If the Responding Party is a student who withdraws their transcript will include the permanent notation “Student Withdrew with Disciplinary Charges Pending” and the Responding Party will not be eligible to return to Emerson in any capacity at any time in the future. If the Responding Party is an employee who resigns from employment with the College they will not be eligible for rehire by the College and a notation will be included in their personnel file to the extent permissible by law and other College policies.
  12. Report Withdrawal. At any time prior to a Determination Regarding Responsibility, a Reporting Party may withdraw a Formal Report by notifying the Title IX Coordinator in writing of their desire to do so. The Title IX Coordinator reserves the right to move forward with an investigation and Resolution Processes even after a Reporting Party decides to withdraw a report in order to protect the health and safety of the Emerson community.
  13. Deceased Reporting Party. If the Reporting Party is deceased as a result of PBIV, the next of kin shall be treated as the Reporting Party for purposes of this Policy, and/or the Title IX Coordinator may initiate a Formal Resolution Process. Upon written request, and subject to applicable law, the next of kin shall be provided with information about the outcome of proceedings conducted by the College with respect to the Responding Party related to PBIV that impacted the deceased.

C.  Informal Resolution Processes

If a Formal Report is filed, the Title IX Coordinator may offer an Informal Resolution Process, which does not involve a Formal Resolution Process and investigation. An Informal Resolution Process is available at any time prior to a Determination Regarding Responsibility. A Party’s participation in an Informal Resolution Process should be voluntary, not out of fear or retaliation, and not as a condition of enrollment or continuing enrollment, employment or continuing employment, or a waiver of the right to a Formal Resolution Process. Both Parties have the right to have an Advisor and may under circumstances detailed below (i.e., where necessary to conduct the Process and/or as required by law) may also be able to have a Support Person present throughout an Informal Resolution Process. Either Party may terminate an Informal Resolution Process at any time and return to the Formal Resolution Process.

  1. Three Types of Informal Resolution Processes. The Title IX Coordinator may offer three different Informal Resolution Processes:
    • Supportive Measures: When the Title IX Coordinator can resolve the matter informally by providing Supportive Measures only (see 4 below).
    • Facilitated Dialogue: When the Parties agree to a facilitated conversation to resolve the matter, as described below, typically before or instead of the Formal Resolution Process (see 5 below).
    • Acceptance of Responsibility: When the Responding Party accepts responsibility and Sanctions/Disciplinary Actions for violating this Policy, typically after an investigation but prior to any hearing or Determination Regarding Responsibility (See 6 below).
  2. Initiating an Informal Resolution Process. To initiate an Informal Resolution Process, a Reporting Party must make a Formal Report, as defined above. It is not necessary to first pursue an Informal Resolution Process in order to pursue the Formal Resolution Process. Any Party participating in the Informal Resolution Process can stop the process at any time to begin or resume the Formal Resolution Process. If a Reporting Party has not requested an Informal Resolution Process, but a Responding Party wishes to explore the possibility of participating in an Informal Resolution Process including but not limited to a process that may involve Acceptance of Responsibility, the Responding Party must contact the Title IX Coordinator to express interest.
  3. Notice Required. Prior to implementing any Informal Resolution Process, the Title IX Coordinator will provide the Parties with written notice of the reported PBIV and any Sanctions/Disciplinary Actions or Supportive Measures that may result from participating in such a Process, including information about the circumstances under which the Process precludes the parties from resuming a Formal Resolution Process, and any consequences resulting from participating in the Informal Resolution Process including information regarding any records maintained or shared by the College. The Title IX Coordinator will obtain voluntary, written confirmation that all Parties wish to attempt to pursue an Informal Resolution Process before or instead of proceeding with the Formal Resolution Process.
  4. Supportive Measures. A Reporting Party may decide the Title IX Coordinator is able to resolve a matter informally by providing Supportive Measures designed to restore or preserve equal access to the College’s education program or activity without creating an unreasonable burden on the other Party, including Supportive Measures designed to protect the safety of all Parties or the educational environment, or to deter PBIV. Supportive Measures include but are not limited to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the Parties (such as a No Contact Order or Stay Away Directive), changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar Measures. See Appendix A for a list of Supportive Measures.
  5. Facilitated Dialogue. Another Informal Resolution Process involves the Parties agreeing to attempt to resolve the matter through a facilitated dialogue, typically conducted before or instead of the Formal Resolution Process. Facilitated dialogue typically involves the use of a trained, impartial facilitator to facilitate an exchange of information or conversation between the Parties in an effort to reach a contract or agreement known as a Resolution Agreement in place of the Formal Resolution Process.

    The focus of facilitated dialogue is often though not always centered on helping a Responding Party understand and acknowledge the nature and extent of the impact or harm caused by their conduct, implementing measures aimed at restoring a safe and positive environment for the Reporting Party, exploring educational measures for a Responding Party intended to prevent further harm, and agreeing to any other measures that help the Parties determine that a Formal Resolution Process for any reported violation is no longer desirable or necessary.

    The Title IX Coordinator will consider the following factors in assessing whether facilitated dialogue is appropriate:
    • Parties’ amenability and motivation to participate in a facilitated dialogue,
    • Results of a violence risk assessment/ongoing risk analysis,
    • Whether an Emergency Removal is needed,
    • Nature and complexity of the report,
    • Emotional investment/capability of the Parties,
    • Likelihood of resolution, taking into account power dynamics and goals of Parties, and
    • Availability of resources to invest in facilitated dialogue (time, staff, etc.).

      The Title IX Coordinator will determine whether facilitated dialogue is available to the Parties, and maintain records of any resolution reached. Failure to comply with any term of a resulting Resolution Agreement may result in appropriate Sanctions/Disciplinary Actions. The terms of any agreement or outcome reached through an Informal Resolution Process cannot be Appealed.
  6. Responding Party Accepts Responsibility for Reported Violations. The Responding Party may accept responsibility for all or part of the reported policy violations at any point during the Resolution Processes. If the Responding Party indicates an intent to accept responsibility with full knowledge of their rights under the Formal Resolution Process, the Formal Resolution Process will be paused and the Title IX Coordinator will determine whether an Informal Resolution Process can be used according to the criteria above.

    If an Informal Resolution Process is applicable, the Title IX Coordinator will determine whether all Parties and the College are able to agree on responsibility, Sanctions/Disciplinary Actions, and/or remedies. If so, the Title IX Coordinator will implement the accepted Determination that the Responding Party is in violation of the College’s policy and implement agreed-upon Sanctions/Disciplinary Actions and/or remedies in coordination with other appropriate administrator(s), as necessary.

    This outcome cannot be Appealed once all Parties indicate their written agreement to all terms of Resolution Agreement. When the Parties cannot agree on all terms of resolution, the Formal Resolution Process will resume at the same point where it was paused.

    When a Resolution Agreement is accomplished, the appropriate Sanction/Disciplinary Action will be promptly implemented in order to effectively stop the PBIV or retaliation, prevent its recurrence, restore or preserve the Reporting Party’s access to College programs and/or activities, and remedy the effects of the discriminatory conduct, both on the Reporting Party and the community.

D.  Overview of the Formal Resolution Process and Investigation

  1. Assignment to an Investigator. If a Reporting Party has chosen to have the reported conduct investigated and formally resolved to determine whether the Responding Party is responsible for violation(s) of this Policy, the Title IX Coordinator will appoint an Investigator. The Title IX Coordinator will strive to select an Investigator who has no actual or apparent conflicts of interest or disqualifying biases for or against Reporting or Responding Parties generally or the individual Reporting Party or Responding Party.

    The Title IX Coordinator will inform the Parties of the identity of the Investigator. Within three (3) business days of such notice, the Parties may submit to the Title IX Coordinator an objection to the appointment of the Investigator on the grounds of conflict of interest or bias. The Title IX Coordinator will determine whether to retain the Investigator or appoint an alternate Investigator. This process will be repeated as necessary until an Investigator is chosen to investigate the matter.
  2. Role of the Investigator and Investigation. Once the Title IX Coordinator has issued the written Notice of Intent to Investigate to the Parties, the Investigator will promptly conduct a thorough and impartial investigation by completing the following steps:
    • Inform each Party of their right to have an Advisor and under certain circumstances detailed below a Support Person of their choosing present for any meeting related to the Informal and/or Formal Resolution Processes. A Party may not select a Witness as their Support Person in the Formal Resolution Process.
    • Invite each Party to suggest Witnesses, identify evidence, and provide questions they wish the Investigator to pose to other Parties and Witnesses.
    • Interview the Parties and any relevant (and available) Witnesses, and produce written summaries of their statements (Interview Statements).
    • Provide each Party and Witness interviewed the opportunity to review and comment on their respective Interview Statement(s). The Investigator will incorporate any clarifying comments from the Parties and Witnesses into their Interview Statement(s), noting any inconsistencies with previous statements.
    • Consult with the Title IX Coordinator to determine whether existing or additional Supportive Measures for the Parties are appropriate.
    • Review disciplinary records to assess whether prior reports against the Responding Party relate to the reported violations at issue and, if applicable, provide the Responding Party with a copy of any such related disciplinary records.
    • Interview any other relevant Witnesses or any other source, and produce Interview Statements.
    • Gather and assess the relevance of evidence provided by the Parties, Witnesses, or otherwise available to the College (e.g., photos, text messages, security camera footage, expert review of medical records, etc.).
    • Conduct follow-up interviews with the Parties and any Witnesses, as appropriate.
    • Identify any additional reported violations by a Responding Party of this Policy or other College policies so that the Title IX Coordinator can determine appropriate action including but not limited to conducting outreach to a Reporting Party, amending the Notice of Intent to Investigate, and referring violations to the Director of Community Standards or Human Resources.
  3. Preponderance of the Evidence Standard. The College applies a preponderance of the evidence standard for the Formal Resolution Process of reported violations of this Policy, including any Appeal; that is, whether the facts presented in the investigation and any hearing (if applicable) support a Determination Regarding Responsibility that it is more likely than not that the Responding Party violated this Policy. The preponderance of the evidence standard applies to any relevant factual issue.
  4. Relevant Evidence Gathered. The Investigator will attempt to gather evidence that is relevant to making a Determination Regarding Responsibility, meaning information that has any tendency to make a fact of consequence more or less probable than it would be without that evidence.
  5. Privileged Information. The Formal Resolution Process will not require, allow, rely upon, or otherwise use questions or evidence that constitutes or seeks disclosure of information protected under a legally recognized privilege, such as Party or Witness communication with a confidential resource, a licensed counselor or therapist, or any other privileged communication recognized under state law, unless the person holding such privilege has waived the privilege.
  6. Irrelevant Evidence. The Formal Resolution Process will not seek or rely upon:
    • Incidents not directly related to the possible violation(s) unless they demonstrate a pattern;
    • The character of the Parties or Witnesses; or
    • Questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered as evidence that someone other than the Responding Party committed the conduct reported by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with the Responding Party and are offered as evidence of consent. As stated in this Policy, however, a current or previous dating or sexual relationship, by itself, is not sufficient to establish consent.
  7. Draft Report by Investigator. At the conclusion of the investigation, the Investigator will submit a Draft Investigation Report to the Title IX Coordinator summarizing all relevant evidence and including a credibility analysis, if needed. The Draft Investigation Report will also include an analysis of the evidence as it relates to specific, reported violations of this Policy, without any recommended Determination(s) Regarding Responsibility. The Title IX Coordinator will review and suggest clarification and/or the gathering of additional evidence. The Investigator will conduct any additional investigation, if needed, and/or revise the Draft Investigation Report, as appropriate.
  8. Parties Review Draft Report and Related Evidence. The Parties and their respective Advisors will have the opportunity to review the Draft Investigation Report, as well as any additional evidence obtained as part of the investigation that is directly related to the report, for a ten (10) business day review and comment period. Each Party may submit a written response to such evidence and the Draft Investigation Report, which must be received by the Title IX Coordinator within ten (10) business days of the date on which the evidence and draft report were shared with each Party.

    The Draft Investigation Report will be shared using electronic means that preclude downloading, forwarding, or otherwise sharing. If either Party identifies additional relevant evidence, the Investigator will do additional investigation and reflect the results of that investigation into the Revised Draft Investigation Report as deemed appropriate by the Investigator. Depending on the nature of the new evidence, it may be shared with the other Party for comment. The Investigator will submit the Revised Draft Investigation Report to the Title IX Coordinator for final review and feedback, which the Investigator will address in the Revised Draft Investigation Report.
  9. Draft Investigation Report Submitted to Parties and Decision-Maker. After considering the Parties’ written comments to the evidence and Draft Investigative Report, if any, and the Title IX Coordinator’s review and feedback, the Investigator will prepare a Draft Final Investigation Report for the Title IX Coordinator’s final review and an internal review process, which will be completed within ten (10) business days.
  10. Parties’ Access to Final Investigation Report. The Title IX Coordinator or designee will provide the Parties access to the Final Investigation Report and all directly-related evidence not included in the report to the Parties, their Advisors, and, as applicable under this Policy, any Decision-Maker at least ten (10) business days prior to any hearing. For the College-Regulated Process the Final Investigation Report will include a Determination Regarding Responsibility.
  11. For Students and Student Groups — Possible Sanction Panel Identified. When the Parties are provided access to the Final Investigation Report, the Title IX Coordinator will also provide a list of possible Sanction Panelists. Within three (3) business days of receiving the list of Sanction Panelists, the Parties must notify the Title IX Coordinator in writing if there is a potential conflict of interest or bias with any of the possible Sanction Panelists.
    1. For the College-Regulated Process, when the Parties are provided with access to the Final Investigation Report (with Determination Regarding Responsibility), the Title IX Coordinator will immediately notify the Director of Community Standards to identify a potential Sanction Panel (Panel) if the Responding Party is determined to be responsible for a violation of this Policy.
    2. For the Title IX-Regulated and Hybrid Processes, when the Parties are provided with access to the Final Investigation Report (without Determination Regarding Responsibility), the Title IX Coordinator will immediately request that the Director of Community Standards identify a potential Sanction Panel (Panel) if the Responding Party is determined to be responsible for a violation of this Policy following a hearing.
    3. Composition of Sanction Panel. The Panel will consist of three (3) trained members of College staff and/or faculty (Panelists) chaired by a senior College Administrator (Chair). The Chair will oversee the Panel’s proceedings but will not vote regarding Sanctions.

      After receiving any Party’s written objections to any Panel members on the basis of conflict of interest or bias, the Title IX Coordinator will consult with the Director of Community of Standards to evaluate any objections to a Panelist’s participation and decide whether it is appropriate to replace any prospective Panelist.

      Prospective Panelists have an affirmative obligation to identify any conflict of interest or bias that could interfere or could be perceived to have interfered with their ability to objectively determine an appropriate Sanction for any violations of this Policy.

      The Director of Community Standards will share the names of the final three (3) prospective Panelists with the Title IX Coordinator.
  12. Opportunity for Staff and Faculty to Oppose Vice President or Dean in Potential Disciplinary Process. When the Parties are provided access to the Final Investigation Report (with Determination Regarding Responsibility for College-Regulated Processes). The Title IX Coordinator will notify the Parties of the designated appropriate Vice President or Dean responsible for determining an appropriate Disciplinary Action if the Responding Party is determined to be responsible for a violation of this Policy.

    Each Party will have three (3) business days to submit in writing to the Title IX Coordinator the reason(s) for any objection to a Vice President or Dean on the basis of conflict of interest or bias. The Title IX Coordinator will determine whether it is appropriate to request an alternate Vice President or Dean for a potential disciplinary process.
  13. Impact and Mitigating Statements. Both Parties will have ten (10) business days from receipt of the Final Investigation Report to submit an Impact (Reporting Party) or Mitigating (Responding Party) Statement to the Title IX Coordinator. These Statements are an opportunity for the Parties to inform the Sanction Panel/Vice President or Dean of relevant information to consider in determining an appropriate Sanction/Disciplinary Action in the event that the Responding Party is found responsible for a violation of this Policy.
    • Impact Statements can include but are not limited to how the conduct committed by the Responding Party affected the Reporting Party, and whether the Reporting Party believes any facts or mitigating circumstances warrant leniency or enhanced penalties.
    • Mitigating Statements can include but are not limited to the Responding Party taking responsibility for the conduct, and whether they believe any facts or mitigating circumstances warrant leniency or enhanced penalties.

      The Impact or Mitigating Statement is not an opportunity to introduce new evidence or challenge the investigation findings. Impact or Mitigating Statements will not be relied upon as evidence in making a Determination Regarding Responsibility for any reported violation of this Policy. They will not be provided to Decision-Makers involved in making a Determination Regarding Responsibility at any point before such Determinations are made.

      If the Decision-Maker determines that the Responding Party is responsible for violating this Policy, the Title IX Coordinator will, within three (3) business days, determine whether a Party’s Impact or Mitigating Statement complies, in whole or in part, with this paragraph, meaning that it does not seek to introduce new evidence or challenge the investigation findings.

E.  College-Regulated Formal Resolution Process

In general, where the conduct in the Notice of Intent to Investigate exclusively concerns reported violations of College-Regulated conduct prohibited by this Policy and not regulated under Title IX, or any reported violations by a student group or organization, the College will not conduct a live hearing10. Following an investigation, the Title IX Coordinator or designee will be the Decision-Maker who makes Determinations Regarding Responsibility.

  1. Title IX Coordinator Makes Determination Regarding Responsibility. Within five (5) business days of the Title IX Coordinator’s receipt of the Investigation Report, the Title IX Coordinator will review all relevant evidence and make a Determination Regarding Responsibility for each instance of reported prohibited conduct based on a preponderance of the evidence.
  2. Determination Regarding Responsibility:

F.  Title IX-Regulated Formal Resolution Process — Live Hearing

  1. Generally. As provided in this Policy, if the conduct in the Notice of Intent to Investigate concerns reported violations of this Policy covered by U.S. Department of Education Title IX Regulations, the College must provide a live hearing for the Formal Resolution Process for reports involving any student, staff, or faculty member. During the hearing, the Reporting Party and Responding Party are in separate physical locations at all times. The hearing will be held by videoconference technology.
  2. Hybrid Process Reports. If the conduct in the Notice of Intent to Investigate concerns reported College-Regulated conduct prohibited by this Policy and Title IX-Regulated conduct prohibited by this Policy, the Title IX Coordinator will assign a Decision-Maker to conduct a live hearing and make a Determination Regarding Responsibility for all reported conduct prohibited by this Policy (that is, both College-Regulated conduct and Title IX-Regulated conduct).
  3. Reports Of Prohibited Conduct by Students While Enrolled in an Emerson Los Angeles (ELA) Program or Activity. As stated above in Section X.B.1., any Formal Resolution Process against a student Responding Party for prohibited conduct that occurred while enrolled in an ELA program or activity, including conduct not covered by U.S. Department of Education Title IX Regulations, the College must provide a live hearing consistent with the Title IX-Regulated Formal Resolution Process.
  4. Live Hearing. During a live hearing, the Decision-Maker must allow each Party’s Advisor to ask relevant questions and follow-up questions to cross-examine the other Party and all available Witnesses. The Decision-Maker will not be the same person as the Title IX Coordinator or the Investigator.
  5. Notice of Hearing. At least ten (10) business days prior to the hearing, the Title IX Coordinator will send a written Notice of Hearing to the Parties. The Notice will include:
    • A description of the report(s), a list of all policies reportedly violated, a description of the applicable procedures, and a statement of the potential Sanctions/Disciplinary Actions that could result.
    • The time, date, and relevant details of the hearing.
    • A description of any technology that will be used to facilitate the hearing.
    • Notice that the hearing will occur with the Parties located in separate rooms using technology that enables the Decision-Maker and Parties to see and hear a Party or Witness answering questions.
    • A list of all those who will attend the hearing, along with an opportunity to object to any Decision-Maker on the basis of conflict of interest or bias against Reporting Parties or Responding Parties generally or a particular Reporting Party or Responding Party. Any objections must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.
    • Information about how the hearing will be recorded/transcribed and how to access the recording/transcript after the hearing.
    • A statement that if any Party or Witness does not appear at the scheduled hearing, the hearing may be held in their absence, and that per Title IX regulations a Party’s or Witness’s testimony and any statements, including those in writing such as emails and text messages, provided as part of the investigation prior to the hearing cannot and will not be considered by the Decision-Maker unless the Party or Witness appears and submits to cross-examination at the hearing. For compelling reasons and/or extenuating circumstances, the Decision-Maker may reschedule the hearing.
    • Notification that each Party is required to have an Advisor of their choosing at the hearing, and that an Advisor must be present to pose any questions a Party may wish to ask the other Party or Witnesses. The Party must notify the Title IX Coordinator at least five (5) business days in advance of the hearing if they do not have an Advisor and the College will appoint one.
    • Notice that all information directly related to the report will be available for use by the Parties and their Advisors at the hearing, including for the purpose of cross-examination.
    • Invitation for each Party to submit to the Title IX Coordinator an Impact or Mitigating Statement that the Sanction Panel/Vice President or Dean will review during any Sanction/Disciplinary Action determination, if applicable.
    • An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, preferably at least five (5) business days in advance of the hearing.
    • Whether Parties can/cannot bring mobile phones/devices into the hearing.
  6. Remote Participation Only. All Parties, Advisors, Support Persons, Witnesses, and any other participants including the Decision-Maker will participate in any live hearing remotely, using technology with adequate security protocols to protect privacy, and enabling the Decision-Maker and Parties to see and hear the Party or Witness responding to questions. The Parties will not be in the same physical location during a live hearing or at any other point in the Formal Resolution Process.
  7. Role of Decision-Maker. The Decision-Maker will not be the same person as the Title IX Coordinator or the Investigator. The Decision-Maker is responsible for conducting the hearing and issuing a Determination Regarding Responsibility based on a preponderance of the evidence (whether it is more likely than not that a Responding Party engaged in Title IX-Regulated conduct in violation of this Policy). The Decision-Maker is also responsible for ensuring that all participants, including the Parties, Witnesses, and Advisors comply with the ground rules referenced below (See Section XI.F. - Ground Rules).

    At least ten (10) business days prior to any hearing, the Title IX Coordinator will notify the Parties of the identity of the Decision-Maker. Parties may file with the Title IX Coordinator a written objection to the proposed Decision-Maker within three (3) business days of receipt of this information on the grounds that the proposed Decision-Maker has a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or a particular Reporting or Responding Party. The Title IX Coordinator will assess any bases for concern related to the potential conflict of interest or bias of the Decision-Maker.

    Within two (2) business days of receipt of a Party’s objection to a Decision-Maker’s participation, the Title IX Coordinator, who may consult with the Office of General Counsel and/or members of the Title IX Team, will determine whether replacing the Decision-Maker is warranted. This process will be repeated as necessary until a Decision-Maker is appointed.
  8. Role of Title IX Coordinator. The Title IX Coordinator is the administrator at the College responsible for the logistics and procedural oversight of the Formal Resolution Process, including the hearing. Any and all questions or concerns by the Parties, Advisors, Support Persons, and Witnesses including those related to potential conflict of interest or bias, logistics of the hearing process, etc., must be communicated directly to the Title IX Coordinator. All Parties, Advisors, Support Persons, and Witnesses are strictly prohibited from communicating directly with the Decision-Maker at any time prior to or following any live hearing.
  9. Role of Advisor. All Parties are required to have an Advisor present at the live hearing. If a Party does not have an Advisor, the College will provide an Advisor to that Party for the purpose of conducting cross-examination at the hearing, without fee or charge to the Party. If the Party does not have an Advisor, the Advisor will be selected by the College. Advisors may be but are not required to be attorneys. The Advisor conducts cross-examination on behalf of that Party. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by a Party’s Advisor and never by a Party personally.

    If prior to the live hearing the College provides an Advisor for a Party, another Party may contact the Title IX Coordinator in writing to contest the appointment of the Advisor on the basis of conflict of interest or bias within one (1) business day of notification of the Advisor’s appointment. Within two (2) business days of receipt of a Party’s objection to an Advisor’s participation the Title IX Coordinator will determine whether it is justifiable to remove the Advisor and will notify the Parties of any replacement Advisor.
  10. Role of Support Person/Other In-Person Assistance. In addition to an Advisor, a Party may elect to have a Support Person of their choosing present to provide emotional support to participate in the hearing or as required by law. A Party may not select a Witness as their Support Person in a hearing.

    A Witness may also elect to have a Support Person of their choosing present to provide emotional support to participate in the hearing or as required by law. A Witness may not select another Witness as their Support Person in a hearing. In addition to a Support Person, a Party or Witness may have additional individuals present as required by law, such as to provide union representation or provide assistance with a disability accommodation such as a sign language interpreter. If any Party or Witness requires language interpretation assistance, they should inform the Title IX Coordinator in advance so the College may arrange to provide such services.
  11. Ground Rules. All participants in a live hearing must comply with basic ground rules during the hearing including but not limited to the obligation to treat all participants with respect and to avoid causing unreasonable delay, engaging in disruptive behavior, or subjecting any participant to annoyance, harassment, or intimidation.
  12. Removal of Advisor for Violating Ground Rules. If the Decision-Maker determines that it is necessary to pause or terminate any portion of a hearing due to an Advisor and/or Support Person’s failure to comply with the ground rules, or to otherwise remove a participant for such non-compliance, the Decision-Maker in consultation with the Title IX Coordinator may if necessary exclude the Advisor and/or Support Person from any or all remaining aspects of the live hearing. In the event it is necessary to remove an Advisor from a hearing, the College will provide an alternate Advisor for the Party, without fee or charge.
  13. Type of Information Allowed at Hearing. At the hearing, the Decision-Maker will allow evidence that is relevant to making a Determination Regarding Responsibility, meaning information that has any tendency to make a fact of consequence more or less probable than it would be without that evidence. A Decision-Maker will not allow participants to present the following information at the hearing:
    • Incidents not directly related to the possible violation(s), unless they demonstrate a pattern;
    • The character of a Party or Witness;
    • Privileged information as defined in this Policy, unless the person holding the privilege has waived the privilege for purposes of the information’s being considered at the hearing; or
    • Questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Responding Party committed the conduct reported by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with the Responding Party and are offered as evidence of consent. As stated in this Policy, the existence of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent.
  14. Scope of Cross-Examination. Only relevant cross-examination and other questions may be asked of a Party or Witness. Before a question is posed to a Reporting Party, Responding Party, or Witness, the Decision-Maker will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
  15. Privileged Information. The Formal Resolution Process, including the hearing, does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, such as Party or Witness communication with a confidential resource, a licensed counselor or therapist, physician, attorney, or any other privileged communication recognized under state law, unless the person holding such privilege has waived the privilege.
  16. Impact of Party or Witness Non-Participation. If a Party or Witness is not present for and/or does not submit to cross-examination at a live hearing, the Decision-Maker must not rely on any prior statement or evidence of that Party or Witness in reaching a Determination Regarding Responsibility.

    The Decision-Maker cannot draw an inference about a Determination Regarding Responsibility based solely on a Party’s or Witness’s absence from the live hearing or refusal to answer cross-examination or other questions. A Party’s non-participation in the process could have a substantial impact on the outcome.
  17. Availability of Hearing Recording or Transcript. The College will create an audio or audiovisual recording, or transcript of any live hearing and make it available to the Parties for inspection and review.
  18. Determination Regarding Responsibility. Once the hearing has concluded, the Decision-Maker will review all relevant evidence and within two (2) business days of the hearing’s completion make a Determination Regarding Responsibility for all College policy violations at issue, based on a preponderance of the evidence.
  19. Determination Regarding Responsibility:

XII.  Sanctions and Appeals Processes

The following section contains information about Sanctions and Disciplinary Processes, Appeals, and Resolution of Reports for Affiliated Third Parties.

A.  Sanction Process for Students and Student Groups/Organizations

  1. Possible Sanctions. See Appendix B for a list of possible Sanctions the College may impose on a student or student group/organization following a disciplinary proceeding resulting in a Determination Regarding Responsibility for violating this Policy.
  2. Referral for Sanction. If the Title IX Coordinator or Decision-Maker determines that the Responding Party is responsible for violating this Policy, the Title IX Coordinator will provide the Director of Community Standards the following materials for the Sanction Panel’s review:
    • The Final Investigation Report
    • For the College-Regulated Process this includes the Title IX Coordinator’s Determination Regarding Responsibility.
    • For Title IX-Regulated Process this includes the Decision-Maker’s Determination Regarding Responsibility.
    • The Responding Party's prior disciplinary record, if any.
    • Impact Statement(s) submitted by the Reporting Party, if any.
    • Mitigating Statement(s) submitted by the Responding Party, if any.
  3. Sanction Panel Proceeding. The Sanction Panel Chair (Chair) will oversee the proceedings. Before the Panelists begin their review of any documents, the Chair will instruct the Panelists that they are not to challenge or re-examine the findings of fact or Determination Regarding Responsibility. The Sanction Panel should focus their review and deliberations solely on the issue of what, if any, Sanctions are most appropriate to achieve the College’s goals. These goals are to, when possible, provide remedies to Reporting Parties and educational opportunities for Responding Parties, as well as to restore or preserve the Reporting Party’s equal access to College programs and activities, promote safe environments, deter harmful conduct, and reaffirm community standards and expectations.
  4. Sanction Recommendation. Within three (3) business days of its receipt of documents, the Panel shall submit a written Sanction Recommendation to the Chair, including any remedies for the Reporting Party and any Sanctions for the Responding Party, and the Panel’s rationale for their Recommendation. The Chair shall promptly provide to the Director of Community Standards a copy of all materials considered by the Panel and the Panel’s Recommendation.
  5. Review of Sanction Recommendation. Within three (3) business days of receipt of the materials considered by the Panel, the Director of Community Standards shall either accept the Panel’s Sanction Recommendation as its final written Determination or return the Recommendation to the Panel for reconsideration related to concerns that the Recommendation does not adequately take into account the Responding Party’s prior disciplinary record. The Director of Community Standards may also return the Recommendation for adjustment if the Recommendation is impractical to implement or would violate some other College policy or right.

    The Director of Community Standards may seek advice from other College administrators on such Determinations, including with respect to the availability of resources to carry out certain Sanctions. If the Director of Community Standards returns the Recommendation to the Panel for reconsideration, the Panel shall issue a Final Sanction Determination to the Director of Community Standards within two (2) business days. The Director of Community Standards shall provide the Title IX Coordinator with the Panel’s Final Sanction Determination within one (1) business day of receipt.

    Consistent with this process, the Title IX Coordinator will immediately forward the Panel’s Final Sanction Determination to the Decision-Maker, if applicable. The Decision-Maker will have two (2) business days to provide the Title IX Coordinator with the written Notice of Outcome to issue to the Parties, that will include the categories of information described immediately below.
  6. Written Notice of Outcome. Within two (2) business days of receiving the Panel’s Final Sanction Determination, or immediately upon receipt of the Decision-Maker’s written Notice of Outcome, the Title IX Coordinator will simultaneously provide the Reporting Party and the Responding Party, to the extent permitted by law and College policy, written Notice of Outcome by campus mail, certified mail (return receipt requested), or hand delivery, or also by electronic mail (read receipt requested).

    The written Notice of Outcome to the Parties will include:
    • Identification of conduct violating this Policy.
    • A description of the procedural steps taken from the receipt of the Formal Report through Determination Regarding Responsibility and Sanctions, if applicable, including notifications to the Parties, interviews with Parties and Witnesses, site visits, and methods used to gather other evidence.
    • Findings of fact supporting the Determination Regarding Responsibility.
    • Conclusions regarding the application of this Policy to the facts.
    • A statement of, and rationale for, the result as to the conduct, including a Determination Regarding Responsibility, any Sanctions/Disciplinary Actions the College imposes on the Responding Party, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Reporting Party. Unless practically required to effectuate such remedies, the College will not inform the Responding Party as to remedies provided to the Reporting Party.
    • The College’s Appeal procedures and permissible bases for the Reporting and Responding Parties to Appeal.

B.  Disciplinary Process for Staff and Faculty

  1. Possible Disciplinary Action. See Appendix B for a list of possible Disciplinary Actions the College may impose on staff and/or faculty following a Determination Regarding Responsibility for violating this Policy. The College will impose Disciplinary Actions against an employee who is represented by a union in accordance with the terms of any applicable collective bargaining agreement, state, and federal law.
  2. Referral for Disciplinary Action. If the Title IX Coordinator or Decision-Maker determines that the Responding Party is responsible for violating this Policy, the Title IX Coordinator will provide the appropriate Vice President (for staff) or Dean (for faculty), with the following materials to review:
    • The Final Investigation Report
    • For the College-Regulated Process, this includes the Title IX Coordinator’s Determination Regarding Responsibility.
    • For Title IX-Regulated Process, this includes the Decision-Maker’s Determination Regarding Responsibility.
    • The Responding Party's prior disciplinary record, if any.
    • Impact Statement(s) submitted by the Reporting Party, if any.
    • Mitigating Statement(s) submitted by the Responding Party, if any.
  3. Review Process by Vice President or Dean. The appropriate Vice President or Dean may consult with the Title IX Coordinator and members of the Title IX Team or any other College employee with relevant information (e.g., an employee’s supervisor), and/or the Decision-Maker, prior to determining appropriate Disciplinary Action by the College. The Vice President or Dean will not challenge or re-examine the underlying findings of fact or Determination Regarding Responsibility. The Vice President or Dean will review the materials solely to determine an appropriate response by the College designed to, when possible, provide remedies to Reporting Parties, restore or preserve the Reporting Party’s equal access to College programs and activities, promote a safe environment, deter further harm, reaffirm community expectations, and address the Responding Party’s behavior.
  4. Notice of Outcome. Within seven (7) business days after the documents are submitted, the Vice President or Dean will provide simultaneously to the Reporting Party and Responding Party, to the extent permitted by law and College policy, written Notice of Outcome by campus mail, certified mail (return receipt requested), or hand delivery, or by electronic mail (read receipt requested). The Vice President or Dean will copy the Title IX Coordinator and the Responding Party’s supervisor on the written Notice of Outcome.
  5. The written Notice of Outcome will include:
    • Identification of conduct violating this Policy.
    • A description of the procedural steps taken from the receipt of the Formal Report through Determination Regarding Responsibility and Disciplinary Actions, if applicable, including notifications to the Parties, interviews with Parties and Witnesses, site visits, and methods used to gather other evidence.
    • Findings of fact supporting the Determination Regarding Responsibility.
    • Conclusions regarding the application of the facts to this Policy.
    • A statement of, and rationale for, the result as to the conduct, including a Determination Regarding Responsibility, any Disciplinary Actions the College imposes on the Responding Party, and any remedies designed to restore or preserve the Reporting Party’s equal access to the College’s education program or activity, and/or employment. Unless practically required to effectuate such remedies, the College will not inform the Responding Party as to remedies provided to the Reporting Party.
    • The College’s Appeal procedures and permissible bases for the Reporting and Responding Parties to Appeal.

C.  Violation of Sanctions/Disciplinary Actions

Any violation of imposed Sanctions/Disciplinary Actions may subject a student or employee to additional Sanctions/Disciplinary Actions up to and including dismissal from the College and/or termination of employment. Knowledge of a violation of Sanctions/Disciplinary Actions should be reported immediately to the Title IX Coordinator who will notify the Reporting Party and Responding Party of the reported violation in writing within three (3) business days of receiving notice of the reported violation.

Once the Title IX Coordinator has gathered sufficient facts regarding the reported violation, the Title IX Coordinator will submit a written report to the Director of Community Standards (for students and student groups/organizations), or the appropriate Vice President (for staff) or Dean (for faculty). If it is determined that a Sanction was violated by a student, the Director of Community Standards will convene a prospective Sanction Panel to determine an appropriate additional Sanction.

If it is determined that a staff or faculty member violated a Disciplinary Action, the appropriate Vice President or Dean will determine an appropriate additional Disciplinary Action for staff or faculty, respectively.

If the original Determination Regarding Responsibility was for non-PBIV conduct, the additional Disciplinary Action will be imposed by the appropriate Vice President or Dean in consultation with the Title IX Coordinator.

If a College Administrator who has knowledge of Sanctions/Disciplinary Actions imposed on an Emerson College Community member for violating this Policy observes an Emerson College Community Member violating such Sanctions/Disciplinary Actions, the Administrator must immediately contact the Title IX Coordinator to explore the immediate implementation of Supportive Measures and respond to any possible violations.

D.  Appeals

  1. Grounds. Both the Reporting Party and Responding Party are entitled to Appeal the Decision-Maker or Title IX Coordinator’s Determination Regarding Responsibility. The Appeal must be submitted in writing to the Title IX Coordinator within five (5) business days of issuance of the Notice of the Outcome. Supportive Measures and any Sanctions/Disciplinary Actions imposed will remain in place during the entire Appeal Process. If neither Party submits an Appeal within five (5) business days, the Determination Regarding Responsibility will be considered final and the Formal Resolution Process will be permanently closed.

    An Appeal is not an opportunity to argue that a Party disagrees with the Determination Regarding Responsibility. An Appeal is also not a new fact-finding process. The Appeal Administrator will not substitute their judgment for that of the original Decision-Maker or Title IX Coordinator. Although a Party may disagree with the original Determination Regarding Responsibility, there are only three grounds on which a Determination Regarding Responsibility can be Appealed:
    • Procedural irregularity that affected the outcome of the matter;
    • New evidence that became available subsequent to the issuance of the Notice of Outcome that was not reasonably available at the time the Determination Regarding Responsibility was made that could affect the outcome of the matter; or
    • Conflict of interest or bias by the Title IX Coordinator, Investigator(s), or Decision-Maker for or against Reporting or Responding Parties generally or the individual Reporting or Responding Parties that affected the outcome of the matter.

      The Appeal must set forth the information or evidence to support the Appeal. Upon receipt of an Appeal, the Title IX Coordinator will promptly advise the other Party in writing that an Appeal was filed and the possible timeframes for review and consideration of the Appeal. Appeals that are not filed within five (5) business days of the date the Notice of Outcome was issued, or that do not challenge the original Determination Regarding Responsibility based on any of the above permissible grounds, will be denied.

      Upon receipt of an Appeal, the Title IX Coordinator will determine whether the Appeal was submitted within five (5) business days of the Notice of Outcome. If the Appeal was not submitted within this timeframe, the Title IX Coordinator will notify the Party requesting the Appeal in writing within two (2) business days of receipt of the Appeal that the Appeal is denied because it is not timely.

      If the Title IX Coordinator determines that the Appeal was filed within five (5) days of the Notice of Outcome, the Title IX Coordinator will notify both Parties in writing within two (2) business days of receipt of the Appeal that the Appeal Administrator will determine whether the Appeal includes any of the permissible grounds for review (procedural irregularity, new evidence, and/or conflict of interest or bias) and notify the Parties of the applicable timeframe for review and consideration (See Section XII.D.4 - Timeline for Appeal).
  2. Appeal Administrators. The Appeal Administrator will not be the same person as the Decision-Maker who made the Determination Regarding Responsibility, the Investigator(s), or the Title IX Coordinator. The College has designated the following Appeal Administrators to review and consider Appeals:
    • For Undergraduate Students, the Appeal Administrator is the Dean of Graduate Studies or designee.
    • For Graduate Students, the Appeal Administrator is the Vice President and Dean of Campus Life or designee.
    • For Staff, the Appeal Administrator is the Senior Associate Vice President for Human Resources or designee.
    • For Faculty, the Appeal Administrator is the Provost and Vice President for Academic Affairs or designee.

      An Appeal Administrator will not meet with either Party. If an Appeal Administrator has been substantially involved in the underlying matter or has another conflict of interest, they will recuse themselves. Parties may also submit an objection to the designated Appeal Administrator on the grounds that they have a conflict of interest or bias for or against Reporting or Responding Parties generally or the individual Reporting Party or Responding Party. Objections must be submitted in writing to the Title IX Coordinator within two (2) business days of the notification of the Appeal Administrator. The Title IX Coordinator will determine whether an alternate Appeal Administrator will be appointed. This process will be repeated until an Appeal Administrator is selected.
  3. Appeal Review Process. Within five (5) business days of receipt of an Appeal, the appropriate Appeal Administrator will use a preponderance of the evidence to review the Appeal and will submit a written determination to the Title IX Coordinator indicating whether:
    • The Appeal is denied for failure to challenge the original Determination Regarding Responsibility on the basis of any permissible ground for Appeal, or
    • The Appeal is accepted for review and consideration because it challenges the original Determination Regarding Responsibility on the basis of a permissible ground for Appeal.

      The Title IX Coordinator will promptly forward the Appeal Administrator’s written Determination either denying the Request for Appeal or accepting the Appeal for review and consideration. If the Appeal Administrator has denied the Appeal and there are no other outstanding Appeals the Title IX Coordinator will also notify the Parties that the original Determination is final and that the Formal Resolution Process has closed.

      If the Appeal Administrator has accepted the Appeal for review and consideration, the Title IX Coordinator will promptly notify the Parties of the timeline for the Appeal Administrator’s review and provide the Appeal Administrator with the Final Investigation Report, a recording or transcript of the live hearing, if applicable, the Decision-Maker or Title IX Coordinator’s Notice of Outcome, and any other information they may request to review. The Appeal Administrator will make a Determination regarding the Appeal based on a preponderance of the evidence (whether it is more likely than not that the basis for Appeal had or could have had an effect on the Determination Regarding Responsibility) and take action as deemed appropriate by the Appeal Administrator consistent with their Determination.
  4. Timeline for Appeal. The Parties may contact the Title IX Coordinator at any time for information regarding the status of the Appeal. The Appeal process will be completed within thirty (30) business days from the date the Appeal was originally submitted to the date the Appeal Administrator issues an Appeal Determination, which describes the result of the Appeal (denied or remanded for corrective action) and the rationale for the result. In the event the Appeal process exceeds this timeline, the Title IX Coordinator will provide an explanation for the delay to the Parties and an estimated timeline for completion of the Appeal process.

E.  Resolution of Reports — Affiliated Third Parties

Affiliated third parties (independent contractors) who may have been harmed by an Emerson College Community Member may file a report with the Title IX Coordinator. Reports from affiliated third parties who have been impacted by an Emerson College Community Member will be processed according to the provisions outlined in this Policy.

The Title IX Coordinator will accept reports that affiliated third parties may have violated this Policy. The ability of the Title IX Coordinator to address such reports will depend upon the College’s contractual agreement with the affiliated third party’s organization. In most cases, reports about an employee of an affiliated third party organization will likely be addressed by the affiliated third party’s Human Resources Office. The affiliated third party’s organization is expected to comply with the College’s request to reasonably remove or relocate the employee from any Emerson facility or property, with the understanding that the terms of the contract between the College and the affiliated third party ultimately control the legal obligations of the affiliated third party.


1Power-Based Interpersonal Violence is a broad term used to describe a pattern of conduct that results in one person controlling another. In some cases, PBIV is obvious and may involve an overt action, threat, or reprisal. In other instances, it may be subtle, indirect or unstated, but coercive in nature.
2U.S. Department of Education Title IX Regulations refers to “any individual who is reported to be the perpetrator of sexual harassment” as a “respondent.” For the purposes of this Policy, they are referred to as a “Responding Party.” 
3Similarly, while disciplining an Emerson College Community Member for lying or making false statements could be considered retaliation, disciplining an individual for making a materially false statement in bad faith during an investigation and Formal Resolution Process does not constitute retaliation. A materially false statement means any false statement significant enough to have an effect on the outcome. Bad faith refers to knowingly making a statement that is not true, or made with malice or consideration of personal benefit. A determination regarding responsibility alone is not sufficient to conclude that an individual made a materially false statement in bad faith.
4The Title IX Coordinator reserves the discretion to assess reports of retaliation and will apply Title IX-Regulated language concerning retaliation where applicable.
5U.S. Department of Education Title IX Regulations refers to “any individual who is alleged to be the victim of sexual harassment” as a “complainant.” For the purposes of this Policy, they are referred to as a “Reporting Party.”
6In the interest of presenting language in this Process that is impartial to all Parties, the College uses “reported” and “reports of” conduct, in place of “alleged” and “allegations of” conduct, respectively.
7A College “education program or activity” includes locations, events, or circumstances in which Emerson College exercised substantial control over both the Responding Party and the context in which the conduct occurred. This includes any building owned or controlled by an Emerson-recognized student organization. The Title IX Coordinator will determine the extent to which the College exercised “substantial control” over a Responding Party and the context in which reported PBIV occurred on a case-by-case basis.
8U.S. Department of Education Title IX Regulations define sexual harassment as “any instance of quid pro quo harassment, any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access, or as any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.”
9In the interest of presenting language in this Process that is impartial to all Parties, the College uses “Formal Report” in place of “complaint,” consistent with the use of “Reporting Party” in place of “Complainant.”
10However, as stated in Section X.B.1., the Formal Resolution Process of a report against a student Responding Party for prohibited conduct that occurred while enrolled in an ELA program or activity, including conduct not covered by U.S. Department of Education Title IX Regulations, will include a live hearing consistent with the Title IX-Regulated Formal Resolution Process (See Section XI.F. - Title IX-Regulated Formal Resolution).


Power-Based Interpersonal Violence (PBIV) Policy Appendices

Appendix A: Supportive Measures

I. Supportive Measures

Supportive Measures are types of assistance that are designed to help an individual feel safer on campus or in the workplace and maintain an individual’s access to educational programs and activities as well as the College’s educational environment. U.S Department of Education Title IX Regulations state that Supportive Measures should be non-disciplinary, non-punitive, individualized, and offered without fee or charge for Reporting Parties, and as applicable to Responding Parties. Individuals have the right to access Supportive Measures without going through a Formal Resolution Process. Supportive Measures include:

  • Academic support such as modifying class schedules or extension of deadlines.
  • Assistance with obtaining Court Order of Protection.
  • Housing support by altering campus housing assignments (temporary or long term).
  • Implementing No Contact Orders and/or Stay Away Directives through Access, Equity, & Title IX or No Trespass Orders through Emerson College Police Department.
  • A formal letter from the Title IX Coordinator stating that someone is unwelcome on the College’s property (often referred to as a Persona Non Grata Letter).
  • Security and monitoring of certain areas of the College campus.
  • Relocation or reassignment of Responding Party employment, without unreasonably burdening the Responding Party.
  • Providing campus safety escorts.
  • Providing transportation accommodations.
  • Support of confidential resources including counseling, Employee Assistance Program, medical and/or other healthcare services.
  • Visa and immigration assistance.
  • Workplace support such as altering work arrangements for student, staff, or faculty employees.

The College retains the right to implement Emergency Removals, Administrative Leaves, and other Supportive Measures as explained in this Policy.

Appendix B: Student Sanctions and Employee Disciplinary Actions

I.  Student Sanctions

The following are a range of possible Sanctions if an Emerson College student is found responsible for violating this Policy:

  • Loss of student employment.
  • Disciplinary probation to include loss of participation in student organization(s), student leadership position(s), and participation in College-recognized athletic teams, and overnight travel on student organized trips.
  • A notation on a student’s official College transcript.
  • Prohibition from participation in Emerson Los Angeles, Kasteel Well, Washington D.C., or study abroad programs sponsored by or for College credit.
  • Prohibition from participation in an internship for College credit.
  • Loss of the privileges of participating in Senior Week activities or participating in some or all aspects of Commencement.
  • Housing suspension/dismissal.
  • Suspension/dismissal from the College.

II.  Student Group/Organization Sanctions

The following are a range of possible Sanctions if an Emerson College student group/organization is found responsible for violating this Policy:

  • Referral to Student Engagement and Leadership.
  • Probation, suspension, or loss of student group/organization privileges and status.
  • Mandatory education program.
  • Referral to Director of Student Conduct for violations of Student Conduct Code.
  • Restriction on public events, performances, and College activities.
  • Loss of ability to host or co-host events on campus.
  • Loss of College-recognized student organization status.
  • Loss of ability to book space on campus and restriction to access on-campus resources.
  • Loss of access to funding.
  • Dissolution or disaffiliation with the College.

III.  Employee Disciplinary Actions

If an Emerson College employee is found responsible for violating this Policy the range of possible Disciplinary Actions include but are not limited to the following and where appropriate, consistent with the applicable Collective Bargaining Agreements:

  • Verbal warning.
  • Corrective counseling or actions.
  • Written warning.
  • Transfer or reassignment.
  • Loss or delay of sabbatical.
  • Suspension with pay.
  • Suspension without pay.
  • Referral for a Determination of Disciplinary Actions.
  • Termination of Employment.

Appendix C: Glossary of Terms

  • Actual Knowledge: Actual knowledge occurs when an official from the College who has the ability to take corrective measures on behalf of the College, such as being responsible for College-wide training or administering conduct processes, receives a report of Power-based Interpersonal Violence (PBIV). An example of an official of the College would include people such as the Title IX Coordinator, the Vice President and Dean of Campus Life, and the Deans of the Schools. The formal legal definition is that actual knowledge occurs when “notice of sexual harassment or allegations of sexual harassment [is given] to the College’s Title IX Coordinator or any official of the College who has authority to institute corrective measures on behalf of the recipient.”
  • Advisor: A person who is chosen by an individual or appointed by the College to accompany and advise an individual to meetings related to any Informal or Formal Resolution Processes. Individuals have the right to an Advisor of their choice. An Advisor may or may not be the same person as a Support Person. If there is a hearing and an individual does not have an Advisor, the College will provide an Advisor for the individual without fee or charge. If an Advisor is provided by the College, the Advisor may be but is not required to be an attorney.
  • Appeal: A process that provides the Reporting and Responding Party with an opportunity to request that the College review the:
    • Dismissal from the Title IX-Regulated Process, and/or the
    • Determination Regarding Responsibility following any Formal Resolution Process.
    • An Appeal may be granted for three reasons:
      • Procedural irregularity that affected the outcome of the matter.
      • New evidence that was not reasonably available at the time the Determination Regarding Responsibility or dismissal was made that could have affected the outcome of the matter.
      • Conflict of interest or bias by the Title IX Coordinator, Investigator(s), or Decision-Maker for or against Reporting or Responding Parties generally or the individual Reporting or Responding Party that affected the outcome of the matter.
  • Appeal Administrator: A person who is appointed by the College to review, grant, and make decisions about an Appeal. This person must not be the same person as the Title IX Coordinator, Investigator(s), or the Decision-Maker who reached any previous Determinations in the Process.
  • Appeal Report: A document written by the Appeal Administrator stating the final decision regarding the Appeal.
  • Business Days: Business days refers to the days the College is open for business. Generally, this is Monday through Friday. All dates the College is officially closed for business including but not limited to holidays and the College’s Winter Break, are excluded as business days (see the College’s HR Holiday Policy). For example, if someone is notified on Thursday that they have three business days to review a document, they would have until the following Tuesday. In addition, all time periods in this process may be extended by the College in extenuating or unusual circumstances.
  • Campus Security Authority (CSA): Persons designated by the College because they are either:
    • Members of the campus police department,
    • Have responsibility for campus security,
    • Have significant responsibility for student activities, or
    • Are persons otherwise designated by the College as an individual or organization to which students and employees should report criminal offenses. CSAs may include employees in Campus Life, Student Engagement & Leadership, Housing & Residence Education, Athletics, Police and Campus Security, and Student Organization Advisors.
  • Confidential Resources: Individuals or offices with whom the confidentiality of communications are protected by law, meaning they do not share information with the College, law enforcement, or state agencies, including disclosures about PBIV. Confidential resources at the College include:
  • Cross-examination: A process in which the Advisor for Parties has an opportunity to ask the other Party and any Witnesses relevant questions and follow-up questions.
  • Decision-Maker: A person appointed by the College to reach a Determination Regarding Responsibility at the end of an investigation. The Decision-Maker applies a preponderance of evidence standard, meaning the evidence was sufficient to conclude that it is more likely than not that the conduct occurred.
    In any hearing for the category of conduct defined by U.S. Department of Education Title IX Regulations, the Decision-Maker determines whether questions asked during cross-examination, or other questions, are relevant. They must also explain any decision to exclude questions as not relevant. The Decision-Maker cannot be the Title IX Coordinator, Deputy Title IX Coordinator, Investigator(s), or Appeal Administrator.
  • Determination: A conclusion by a preponderance of evidence that the conduct reported did or did not violate this Policy.
  • Disciplinary Action: A consequence determined by an appropriate Vice President or Dean when an employee is found responsible for violating this Policy (See Appendix B).
  • Dismissal: Determination by the Title IX Coordinator or designee that a report does not meet the criteria for a Title IX-Regulated investigation because it does not meet U.S. Department of Education definitions for Title IX-Regulated conduct.
  • Education Program or Activity: Locations, events, or circumstances where the College exercises substantial control over both the Responding Party and the context in which the Power-based Interpersonal Violence occurred. Examples of this would include Residence Halls, classrooms, department meetings, etc.
  • Employee: Emerson College staff and faculty members, unless otherwise specified.
  • Emerson College Community Member(s): Emerson College students, employees, and affiliated third parties (independent contractors) engaged by the College.
  • Evidence: Information gathered by an Investigator from the Parties, Witnesses, the College, and other sources. Evidence may come in various forms including but not limited to documentary evidence (student records, text messages, emails, photos), statements, and cross-examination of Parties and Witnesses.
    The College will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with this provision, unless the person holding such privilege has waived the privilege.
  • Formal Report: A document that is submitted and signed by a Reporting Party or signed by the Title IX Coordinator reporting PBIV or related retaliation. A Formal Report may be filed with the Title IX Coordinator in person, by mail, by email, or by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the College.
  • Formal Resolution Process: A method designated by the College to address prohibited conduct that falls within this Policy and which, in the context of Title IX-Regulated conduct, complies with the requirements U.S. Department of Education Title IX Regulations.
  • Good Faith: Having a reasonable belief that the information reported is true and made without malice or consideration of personal benefit.
  • Ground Rules: A set of standards to which all individuals in a live hearing must comply. These standards include the obligation to avoid causing unreasonable delay, engaging in disruptive behavior, or subjecting any participant to intimidation, harassment, or bullying, as well as treating all participants respectfully.
  • Impartiality: Individuals involved in a Resolution Process may neither have nor demonstrate a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or a particular Reporting Party or Responding Party. Individuals who must maintain impartiality include the Title IX Coordinator, Deputy Title IX Coordinator, Investigator(s), Decision-Maker, Sanction Panelists, Appeal Administrator(s), and facilitators of Informal Resolution Processes.
  • Informal Resolution Process: An alternative to the Formal Resolution Process. This may include Supportive Measures, facilitated dialogues, and a circumstance in which a Responding Party accepts responsibility.
    The College will not require any individual to participate in an Informal Resolution Process. Enrollment or continuing enrollment, employment or continuing employment will not be conditioned upon a Party’s participation in an Informal Resolution Process nor will a Party be required to waive the right to a Formal Resolution Process regarding reports of Power-based Interpersonal Violence.
  • Interview Statement: An Investigator’s written summary of a Party or Witness’ statements and responses to the Investigator’s questions asked during a scheduled interview conducted for the purpose of gathering information and evidence relevant to a reported violation of this Policy.
  • Investigator: The person(s) responsible for gathering evidence and establishing facts about a report of PBIV. The Investigator is responsible for assessing relevance, analyzing and synthesizing evidence, and compiling this information into an Investigation Report. The Investigator is identified by the Title IX Coordinator or designee.
  • Investigation Report: A report written by the Investigator at the end of an investigation. The Investigation Report is intended to provide a summary of statements from Parties and Witnesses, documentary evidence in various forms assessing relevance, and to analyze and synthesize evidence.
  • Parties: The Reporting Party and the Responding Party involved in the Process.
  • Power-Based Interpersonal Violence (PBIV): Power-based Interpersonal Violence (PBIV) is a broad term used to describe a pattern of conduct that results in one person controlling another. In some cases, PBIV is obvious and may involve an overt action, threat, or reprisal. In other instances, it may be subtle, indirect or unstated, but coercive in nature. For additional terms, see Section I.H. - Policy Definitions of Prohibited Conduct.
  • Preponderance of Evidence: This is the standard of proof used to determine the outcome of a Formal Resolution Process, including any Appeal. It means that something is more likely than not to be the case. For example, a Decision-Maker will make a Determination Regarding Responsibility that a Responding Party is responsible for PBIV in violation of this Policy only if the evidence demonstrates that it is more likely than not to have occurred.
  • Privileged Information: Information or communication in written, oral, electronic, or other form that is protected from disclosure under a legally recognized standard. Such materials and communications are not required to be shared, though in some situations, the Party holding the privilege may waive it in order to provide information. The College will not require Parties to provide privileged information in Processes under this Policy, but if a Party waives their privilege to share such information, the College or another Party may ask questions about it. Privileged communications may occur, for example, with medical providers, mental health counselors, and attorneys.
  • Report: Any experience of PBIV that may have violated this Policy that is reported to someone designated by the College. This includes an individual directly reporting to the Title IX Coordinator or designee, as well as reporting to an official with authority who has an obligation to notify the Title IX Coordinator.
  • Reporting Party: Any person who has been directly impacted by PBIV, including those who make a report of PBIV to the College. U.S. Department of Education Title IX Regulations refer to this person as a “complainant” and “means any individual who is alleged to be the victim of sexual harassment.”
  • Responding Party: An Emerson College Community Member who is reported to have engaged in PBIV. U.S. Department of Education Title IX Regulations refer to this person as a “respondent” and “means any individual who is reported to be the perpetrator of sexual harassment.”
  • Responsible Employees: Employees obligated to notify the Title IX Coordinator or designee of any reports of PBIV, excluding those individuals designated by the College as confidential resources. Responsible employees include, but are not limited to, staff, faculty, Resident Assistants, and other student employees with supervisory responsibility or otherwise identified by the College.
  • Sanction: A consequence determined by a Sanction Panel when a student Responding Party is found responsible for violating this Policy (See Section XII - Sanction and Appeals Processes).
  • Sanction Panel: Staff/Faculty who determine consequences for a student Responding Party who is found responsible for violating this Policy.
  • Support Person: A person who provides emotional support and guidance to a Party during Informal and/or Formal Resolution Processes as necessary to conduct the Process. This person may or may not also serve as an Advisor throughout the Process.
  • Supportive Measures: Forms of assistance that are designed to help an individual feel safer on campus or in the workplace and maintain an individual’s access to educational programs and activities as well as the College’s educational environment, as defined in more detail above. Supportive Measures should be non-disciplinary, non-punitive, individualized, should not unreasonably burden the other Party, and will be offered without fee or charge for Reporting Parties, and as applicable to Responding Parties. Individuals have the right to access Supportive Measures without going through a Formal Resolution Process.
  • Title IX Coordinator: The official designated by the College to ensure compliance with U.S. Department of Education Title IX Regulations. At Emerson this official also manages the College’s response to all forms of Power-based Interpersonal Violence and ensures compliance with this Policy and its Processes.
  • Title IX Team: Refers to the Title IX Coordinator, Deputy Title IX Coordinator, Title IX Liaisons, and other College employees as determined by the Title IX Coordinator (see Appendix D).
  • U.S. Department of Education Title IX Regulations: Federal regulations issued in May 2020 that are designed to protect people from discrimination based on sex in education programs or activities that receive Federal financial assistance. This includes specifying how schools, colleges, and universities respond to certain Power-based Interpersonal Violence. Title IX Regulations are enforced by the U.S. Department of Education’s Office for Civil Rights (OCR).
  • Witness: A person with information concerning a report of PBIV including but not limited to a person with first-hand knowledge of PBIV, an individual who makes a report to the College concerning someone else that involves PBIV, or an individual unaffiliated with the College who reports conduct related to this Policy by an Emerson College Community Member.

Appendix D: Access, Equity, & Title IX Team

Pamela White

Associate Vice President, Title IX & Clery Act Coordinator
Access, Equity & Title IX
titleix [at] emerson.edu
617-824-8999

Ryan Milligan

Deputy Title IX Coordinator/Investigator
Access, Equity & Title IX
titleix [at] emerson.edu
617-824-8999

Title IX Liaisons

Athletics

Erin Brennen

Senior Associate Director, Athletics
erin_brennen [at] emerson.edu
(617) 824-8690

Emerson Los Angeles

Timothy Chang

Associate Dean of Student Life & Administration, Los Angeles Program
timothy_chang [at] emerson.edu
(323) 952-6411 

Human Resources

Shari Stier

Senior Associate Vice President/Chief Human Resources Officer
shari_stier [at] emerson.edu
(617) 824-8133

Graduate and Professional Studies

Jan Roberts-Breslin

Professor and Dean of Graduate and Professional Studies
jan_roberts_breslin [at] emerson.edu
617-824-8851

Kasteel Well

Tikesha Morgan

Senior Advisor for Student Affairs, Kasteel Well
tikesha_morgan [at] emerson.edu
(617) 824-8438  

ISA & LGBTQ Liaison

tamia rashima jordan

Director of Intercultural Student Affairs & LGBTQ Resources
tamia_jordan [at] emerson.edu">tamia_jordan [at] emerson.edu
(617) 824-8438  

Other Members of the Title IX Team

Sharon Duffy

Assistant Vice President, Student Success
sharon_duffy [at] emerson.edu
(617) 824-8640  

Robert Smith

Chief, Emerson College
Police Department
robert_smith [at] emerson.edu
(617) 824-8555  

The Title IX Team may include Investigator(s) employed or retained by the College, and others deemed necessary by the Title IX Coordinator.